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Ord 50-09QRDINANCE NC3. 50-49 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3,3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION (CELL), "MEDICAL OFFICES", TO PROVIDE FOR CLARIFICATION REGARDING THE DISPENSING OF NARCOTIC DRUGS; AMENDING APPENDIX "A" TO PROVIDE FOR DEFINITIONS RELATED TO THE REGULATION OF MEDICAL OFFICES; PROVIDING A SAVING CLAUSE, A GENERAL I1.EPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach finds that it is in the best interest of the health, safety, and welfare of its residents, businesses, and visitors to enact regulations to provide for safer residential and commercial neighborhoods in the City; and WHEREAS, the City Cointnission finds that the illegal sale, use, and delivery of controlled substances is a threat to the health, safety and welfare of the residents of the City; and WHEREAS, the City Commission has recently laeen made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in neighboring municipalities, which dispense on-site narcotic drugs; and WHEREAS, the City Commission has also been made aware of numerous newspaper stories in the recent past describing a "pipeline" of trafficking drugs from South Florida pain management clinics to users in other states, such as Kentucky, West Virginia, and Ohio; and WHEREAS, the threat of increased crime associated with such clinics, is very significant and could undermine the economic health of the City's development and redevelopment efforts; and WHEREAS, the Florida Legislature has attempted to deter such illegal drug use, distribution and activities by the creation of a secure and privacy-protected, statewide electronic system of monitoring prescription drug medication information, to encourage safer controlled substance prescription decisions and to reduce the number of prescription drug overdoses, deaths and related crimes; and WHEREAS, it is the intent of this Ordinance not to interfere with the legitimate medical use of controlled substances, but rather to prohibit the location of dispensing of narcotic drugs on site at medial offices, to the extent permitted by law; and WHEREAS, in the absence of regulations identifying where narcotic drugs may be dispensed, the City's residents, visitors and businesses are more vulnerable to criminal actions, despite the provision of law enforcement services; and WHEREAS, pursuant to LDR Section 1.1,fn, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 21, 2009 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.174(4}(c}, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adapts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1, That the recitations set forth above are incorporated herein. Section 2. That AppendirY "A", "Definitions",of the Land Development Regulations of the City of .Delray Beach, be and the same is hereby amended to read as foIlows: BUSINESS OFFICE Any commercial activity conducted primarily in an office, which does not involve the sale of commodities or goods on the premises. This definition does not include a Medical Office. MEDICAL OFFICE shall mean a facilityproviding services to the public 1~Tysicians. dentist, surgeons, chiropractors, osteopaths,_physical therapists, nurses, acupuncturists, podiatrists, optometrists, pslehiatrists, who are also know as health care practitianers~ or others who are duly licensed to t~ractice their respective. professions in the State of Flarid~ as well as others, including but not limited to technicians and assistants who are actin under the su envision and control of a licensed health care practitioner. PHAI~NIACY shall mean a retail establishmen~rimarily offering_,~~oods for retail sale and. on-site dispensing of prescription drugs, nonprescription drugs or both. A retail pharmacy inay also offer accessozy services such as photo processing, eyeglass care. etc, ~ ORr~. rro. so-o9 PROFESSIONAL OFFICES includes those vocations in which professed attainments in special knowledge are practiced, as distinguished from mere skills, and shall be limited to thane professions so classified by the Laws of Florida, and which are conducted as professions and pat as a Made or other business. PROFESSIONAL OFFICES do not include offices for the treatment of animals on the premises. This definition does not include a Medical Office. Section 3. That Section 4.3.3, "Special Requirements for Specific LTses",of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended by enacting Subsection 4.3.3 {CELL), "Medical Offices", to read as fo]1ows: ~LLLL} Medical Offices: Applicabilittr. Medical Offices shall be subject to the following; ~a~ On-site dispensh~g of controlled substances that are identified in Schedule II, III, or N in Sections 893.013. 89.3.035 or 893.03f, FIorida Statutes, is prohibited, unless otherwise expressly= permitted by statutor~t_general Iaw. The following are exempt from this .prohibition: jib A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session. (iii A pharmacist or health care practitioner when administering a contxolled substance to a patient or resident receiving care as a patient at a hospital. nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state. (iii1 A health care practitioner when adtrtinisteri~ a controlled substance in the emergency roam of a licensed hospital. ~ivl A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16. (v) A health care practitioner when dispensing a one-time, 72-hour emergency resupply of a controlled substance to a~at ent. ,(2~ Appeal. An appeal from an administrative determination or board action excluding the ,granting or denial of a variance, re ag riling Medical Offices shall be appealed to the City Commission. The applicant shall follow the procedures and requirements set forth in Section 2.4.7(E~. In addition to the requirements listed in Section 2.4,70.} the applicant shall also list the fallowing; ~a~ If the applicant is a potential claimant under a federal or state law• and (b) That the applicant believes in good faith that the City through implementation of this section has intentionally or unintentionally violated federal or state law. The laws the City has allegedly violated shall be identified. 3 C7RD. N(~, 50-09 Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ctic~n 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. ~~`~' PASSE AND ADOPTED in regular 't day of ~~,~,~~~~;~-~.. , 2009. session on s nd and final rea ~ g on this the MAYO ATTEST ~ y City Clerk 1~irst Readin ~~ Second Readin ~~ ~ oRr~. rrc~. so-09 Page 1 of 1 .~~~ rs, -. ..t ~^ ' ~~ ~,~- t~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 10.E. - REGLTLA.R COMMISSION MEETING OF OCTOBER 20 2049 ORDINANCE NO.50-09 S( ECOND READING/SECOND PUBLIC HEARINGt ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider a city initiated amendment to the Land Development Regulations {CDR) Section 4.3.3, "Special Requirements for Specific Uses", by enacting Subsection {CELL}, "Medical Offices", to provide clarification regarding dispensing of narcotic drugs, and amending Appendix "A", to provide for definitions related to the regulation of medical offices. BACKGROUND At the first reading on October 6, 2009, the Commission passed Ordinance No. 50-09. RECOMMENDATION Recommend approval of Ordinance I~To, 50-09 on second and final reading. http:/imiweb001/Agendas/Bluesheet.aspx?ItemID=2726&MeetingID=222 1012112009 ORDINANCE NC7. 50-09 AN ORDINANCE OF THE CITY COMMISSION OF THE QTY OF DEL,RAY BEACEIf FLORIDA, ~?~~NDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3, "SPEQAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION {CELL}, "MEDICAL OFFICES", TO PROVIDE FOR CLARIFICATION REGARDING THE DISPENSING OF NARCOTIC DRUGS; AMENDING APPENDIX "A" TO PROVIDE FOR DEFINITIONS RELATED TO THE REGULATION OF MEDICAL OFFICES; PROVIDING A SAVING CLAUSE, A GENEI~:AL REPEALER CLAUSE, .AND AN EFFECTIVE DATE. V"~HEREAS, the City of Delray Beach finds tl~~at it is in the best interest of the health, safety, and welfare of its residents, businesses, and visitors to enact r~=gulations to provide for safer residential and corrua~er~cial neighborhoods in the City; and V't~~EREAS, the City Commission finds that the illegal sale, use, and delivery of controlled substances is a fillreat to the health, safety and ~~Ifare of the residents of the City; and V'~I-IEREAS, the City Cammiss~ion has recently been made aware by law enforcement and newt ~~ that a pattern of illegal drug use and di~~tribution I~uas been associated with pain rnanage~r~ent clinics in neighboring m~.znicipalities, which dispense on site narcotic drags; and V'JI~IEREAS, the CityCamrni~s,~on has also been mach aware of numerous newspaper stories in the recent past describing a "pipeline" of trafficking drugs from South Florida pain management clinics to users in other states, such as Kentucky, West Virginia, and Ohio; and V'~1~REAS, the treat of increased crone associated with such clinics, is very significant and could undermine the economic health of the City's develap"ment and redevelopment efforts; and WHEREAS, the Florida Legislature has atterr~pted to deter such illegal drug use, distribution and activities by the creation of a secure and privac}~protected, statewide electronic system of monitoring prescription drug medication infozmation, to encourage safer controlled subst<ulce prescription decisions and to reduce the number of prescription drug overdoses, deaths and related crimes; and V'JI-~ RE AS, it is the intent of this Oz~~inance not to interfere with the legitimate n ~clieal use of controlled substGulces, but ra~kher to pralobit the location of ding of narcotic an site at n~~dial offices, to the e~ttent pernutted by law; and Wf ]EREAS, in the absence of reg~.ilations identifying where .narcotic drugs may be dispensed, the City's residents, visitors and busing are more vulnerable to criminal actions, despite the provision of law enforcement services; and V"V]~IEREAS, pursuant to LDR Section 2.1.6, the Planning and Zoning Board revie~~d the proposed text arr~nulment at a public he~~~i~rig lu~d on S'ePtember 22, 20Q9 and voted 7 to 0 to recommend that the c]E~~~ges be approved; and t~Jl=IEREAS, pursuant to Florida Stati,~te 26~.3174(4)(c), the PI<~rtning and Zoning Board, sitting as the Local Pl~~nning ~~;ency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Compre?t~n.~ve Plan; and C~JI~EREAS, the City Commission of the City of Delray Beach adopts the findings in the P]~~rtnulg and Zoning Staff Report; and WF-LEREAS, the City Commission of the City of Delray Beach finds the onlinance is consistent with the Compt~hensive Plan. NOW, THEREFORE, BE IT ORDAINED BY TIC QTY COI~?~IISSION OF THE CITY OF DELS:AY BEACH, FLORIDA, AS FOLLOVt~S: ~~-,~f~`on 1. That the recitations set forth above are incorporated herein. ~~an 2. That Appendix „A", ..Definitions",of the Land Development Regulations of the City of Delray Beach be and the same is hereby amended to read as follows: BUSINESS OFFICE Any commercial activity conducted primarily in an office, which does not involve the sale of carnmodities or goods on the premises. This definition does not include a Medical Office. MEDICAL OFFICE ~ mean a facilityproviding services to the public b~physicians, c~ntists~ lic_~ Mice their re~laective larofessions in the State of Florida, as ill as others, inclu,~in~ but not limited to technicians and assii;tants, who are acting_under the supervision and control of a licensed health care practitioner. accessory services such as photo processing ey.~glass care, etc. 2 ©~. ~t~. so-t~~ PROFESSIONAL OFFICES includes thane vacations in which profe;>sed attainxrtents in special lmowlede are practiced, as distinguished from rrrem stalls, and shall be limited to those professions so cla~~ified by the Laws of Florida, and which are conducted as professions and not as a trade or other business. PROFESSIONAL OFFICES do not include offices far the treatrr~nt of animals on the premises. This definition does not include a Medical Office. Section 3. That Section 4.3.3, "Special Requirements for Spey=ific Uses",of the Land Development Re;~.ilations of the City of Delray Beach, be and tl1e saner is hereby amenc~d by enacting Subsection 4.3.3 ~LLLL), "Medical Offices", to read as follows: ~L,LLLI lt~~dical Offices: {1) Ayplicability. Medical. Offices shall be subject to the fallowing: ~a~ On-site dispensing of controlled substances that are identified in Schedule II III or IV in Sections 893.03, 893.035 or 893.036, Florida Statutes, is prohibited unless atherw~ise directly to a patient if the amount of the controlled substance is adxxuate to treat the patient dtu~ing that ~}artlclllar treatCrteTlt SeSSlon. {ai) A pharmacist ar health care practitioner when administering a controlled licensed in this state. ,{iii) A health care practitioner when administering a controlled substance in the emergenc~r roam of a licensed hospital. (iv) A health care practitioner when admnistering or d~ a controlled substance to a person under the age of 16. {v) A health care practitioner when disnensin~ a one-ticr~, 72-hour emer~encv rest~ply of a controlled substance to a patient, ~2~ ~'~'~'eal. An appeal from an administrative detenninatian ar board action excluding the granting or denial of a variance, reg~-g Medical Offices shall be a.ed to the City Commission. The applicant shall fallow the procedzres and requirements set forth in Section 2 4 7~E ~ In addition to the regtai~~nx~nts listed in Section 2.4.7fE1 the applicant shall also list the following. ~) If the applicant is a potential. clamr~ant under a federal or state law• and ~7 That the applicant believes in d faith tl:~at the City through implementation of this section his intentionally or unintentionally violated federal or state law. The laws th) e City leas allegedly violated shall. be identified C}RD, NQ. 50-09 ~~ction 4. 'That should any section ar pravisian of this ordinance ar any portion thereof, any paragraph, sentence, or word be declared by a caurk of competent jtu7sdictian to be invalid, such decision sha11 not affect the validity of the remainder hereof as a whale or park thereof atlier than the part declared to be invalid ~~ectian 5. That all ordinances ar parks of ordinances in conflict herewith be, and the same az~ hereby repealed. Section 6. That this orrlinatzce shall became effective immediately upon its passage an second and final reading PASSE D AND A;DQPTE D in regular session on second and final reading an this the day of ~~9. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORi), NO.50-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: October 1, 2009 SUBJECT: AGENDA ITEM 10.C. - REGULAR C011~lYtISS1QN MEETING ~>i CICTCIBER 6 2009 C}RDINANCE ND. 50-091FIRST READINGIFIRST PUBLIC I•CEARINGI ITEM BEFURE COMMISSION Consideration of achy-initiated amendment to the Land Development Regulations (LDRs) that will pravide a new definition far "Medical Offices" and that includes Special Requirements that regulate medical offices dispensing controlled substances. BACKGROUND Medical Office uses are allowed in various zoning districts within the City, including General Commercial, Central Business District, Planned Office Center, Professional and Office District, Planned Commercial Center, and the Mixed Residential Office and Commercial District. Normal operations and expectations of medical office uses include examinations by doctors and, should prescriptions be required, they would be filled off-site at a local pharmacy. Recently, "pain rnanagernent clinics" have been established which pravide not only the prescriptions, but also fill the prescriptions on-site. Fallowing are highlights afthe proposed ordinance; 1. The ordinance introduces a new definition for Medical Office, which includes services normally associated with medical offices (examinations and prescribing of medicines). 2. Clarifies that the existing definitions of Professional Offices and Business Office da not include Medical Offices. 3. Special Requirements are added for Medical Offices that prohibit on-site dispensing of controlled substances identified in Schedule II, III or IV in Sections 893.03, 893.035 or 893.036, Florida Statutes except as follows: . A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session. . A pharmacist or health care practitioner when administering a controlled substance to a patient or http:llmiweb0011Agendas181uesheet.aspx?ItemID=2688&MeetingID=220 10/13/2009 Page 2 of 2 resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state. . A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. . A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16. . A health care practitioner when dispensing aone-time, 72-hour emergency resupply of a controlled substance to a patient. 4. A relief option (appeal process). REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on September 21, 2009. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. They conditioned their recommendation to require that the definition of "dispensing" be clarified. This has been achieved through an expanded exceptions area as noted above. The Downtown Development Authority (DDA) reviewed the ordinance at their meeting on September 21, 2009 and recommended approval with the following conditions: . That the City seeks the opinion of the Attorney General of the legality of this ordinance. . That the City contacts the legislative delegation and recommends state-wide legislation. . That the City explores the possibility to make this a nuisance activity (or some other prohibition) so that it is strengthened and not merely a matter of zoning. The Community Redevelopment Agency (CRA) reviewed the ordinance at their meeting on September 24, 2009 and did not support the amendment. They questioned the legality of regulating trade in this way and the basis for doing the amendment (i.e. newspaper articles, etc.). The Pineapple Grove Main Street committee will review the ordinance at their meeting on October 7, 2009 and the West Atlantic Redevelopment Coalition will review the ordinance at their meeting on October 14, 2009. The recommendations of those Boards will be presented at second reading. RECOMMENDATION By motion, approve Ordinance No. 50-09 on first reading for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://miweb001 /Agendas/Bluesheet.aspx?ItemID=2688&MeetingID=220 10/ 13/2009 N0. 4731 b52R CITY OF DELRAY BEACH' NOTICE OF PROPOSED AMENDMENT TO THE LAND.. DEVELOPMENT REGULATIC)NS Tn~ ~ :y Ccmrnis ~;~ c~th, Gty o4 Ct!rJy 3c~;ch; (!oiida, o;o( ;sos to u;)cpt the ORD1f~N. ~;~~7. 4L49 ~' ~ .~ I t[x~;:i ~.~ w ~m L' O r ~'', r- •- ~. k -~~`) ~„ ~~ s a. ~" U N AN~~ORDiNANC G~ THE CLLY~COMMI55'~.OhJ CF Tr,E CiTv` OF D:=LRAY SEACIl;.KE~~R~L'A, A~.`kh~DiNG•TH~ IANDDEVE~;PPl:Ttif kEGgATI~NS O~ TIE. CI?Y .F BE~::~Y BEACH,. SY QM~NLIhw S[GTIO>: 4 L"v(GI, „SUPPLEtv?Et~iTt~ C:STRICT REGI.'{AT10iJ5";,'; SJ'c_c:''C~; f31, 'FC~iR CORNERS OVERLAY.DISTRICT",SUB-SUBSECTiCN ',Ei, 'SltLN)AR D~ UN1~U C 1Tp THE FQUR"'CORNE~5OVERLAY;DISTRICT°, T~ PRC'vl [ T-?AI ~.,ERTA~Fl AREAS AI2~ ~6(GIBtE TO~BE COUNTED TOWAFG 171E OPEIJ SP,AC~' CRE^.li; PROVIDINGASAVING~'GtAUSE, A'GENEaAGREPEA1Ek QAGSE, ANp,AtJ, . EEP~CTIVE DATE OR INANSEI~4, 5,4.44 AN vR~~INANCF G` '}it CITY CON.~11~S,OPa OF THE CITY OF ~D(1LRAY BEACH, FLORIDA, AMENDING THE LAND.'. DEVELOPMENT REGULF1710NS OF.THE CITYOF DEII;AY~EACH, ~BYAMENDk1~fGSEG`TIC 3.3,"S~'eCIAI ` REQUIREMENTS, FOR SPECIFIC"USES", SY,ENACf1NG~5Jl PLC""IION ~~tLEC~' "tvtEDICAL`OFFK:ES" `?O- PR~JVIDE •~OR C'IARIFICATC''1 Rci:ARDIf~G .THE DISPENSING CF hiF+F~Ciii; CHUGS .~J+`~N~Iti:> AFi'E'~1J~X "A° TJ PROVIDE"FQR "T~Q; Rc_A'EC TU THE KeG'J..~i1,N CF A1EC'~~~ ,OFFICES; PROVIDING`A~SN~ING CIA:JSE A~GE~^1EkAl R;'r~4LER CLAUSE; ANDAN EFFCC'~fJE'CAT~. ORPLL'tAt~l4E No,_5~-49 ;AN'O?DINANCC OF;IHE LITL',CG41~llS~t~h CF THE CITY i;F DELfiAY -„ 6EAf.H,;FlORII?A, AMENDING THE LAND DEVEGOP,MENi ZcG'JiATiONS ' 0Y'?ti4END1NG SEC~IC>N db.7; "'-SIGNS",;:SUBSECTIGSN a.6J(H)f10;[Hi, SPON~GRSHIP SIGNS"~ 1N ORDER TO PROVIDE S'fANDAkDS FC~R SA~~1E; PRC7V1~~ NC,~'P, SAVING:G~ RUSE, A"C'~'~'ER~'+'i REPEA(:ER /:LAt)5[,. HND AN EFFE~ 1(VE L)AT~ The~~~C w ltiTlP as~~r .vi I I C pN~ f1J P~~ -~.ri-riFi: for ~fio purpose of dcc~pl'n{~ p~~ic •e~tircony,regd,[ding-ihe o~-~~o,aa crdirr_mr_e: fho (~rv Pub(Ic ~+ ~ricg w bs heid drt'N15DAY,OCTOBER k; 2442AT.7;44 P~hl~ in ~1hoCommission Chamberf afCity".Hall, lbO;N:w 1" A,a ~e, 'vos;y B~~ch, Plari~ If the p p~F,~ ord'ra^ce~~= pass~Ien f;rsf recd p a ~ecc~d Pu6Gc Hacin p will ro ~Id onTUESDAY, Q+~QB~R_$4, 2QQQj,T T:Q4 P.M: lu"pt coy :ontinuvFott of s~rh muebny which i;~sfit .y thSC m ssiq~~) ~, •f:u Commr s on `Cndm6ars a.`C'.ily :'ca, 1GC N VJ. 1''i.~ruiC'elkry.Rc~~^~' Flonda'. 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Peosc tK~ a~'.is~,~'rat~if~p person dP-des toat;oa it an yac s~:n n.cdo by!h^ Cir, r ,ron~iss;cn wth reapec+to any mcder consl~rod nt tk~so Rm~-:ngs, s~~ch r e;!:~n rr c; y. r. rj ~ I.~ ers,ue Ihat d V£' b, h;n rer~r~ n'~c!uCe th~a'fE~it`innnv Grtti ~a(~e _e vv^n~,vf"kh'ho aop991 ~;M be > a<C'~ T~'u '~= ify d:,ee not provlae r,or pra,a;e r-ch rv.-orclp~-rSe~n1,'o %.5:2£~b ^v105 C;~Y Of CEiRAY P,EACli ~~:eve','o D_Nubm ~C~ti"~ C!t~ Cfe; K PUB: The Palm Beach Post- Septemhor`29, & Qctober 15, 2009 . PLANNING AND ZONING,BOARD STAFF REPORT MEETING DATE: SEPTEMBER 21, 2009 AGENDA NO: IV.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS {CDR}, BY AMENDING SECTION 4,3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION {CELL}, "MEDICAL OFFICES", TO PROVIDE FOR CLARIFICATION REGARDING THE DISPENSING OF NARCOTIC DRUGS; AMENDING APPENDIX "A" TO PROVIDE FOR DEFINITIONS RELATED TO THE REGULATION OF MEDICAL OFFICES. °, ITEM BEFORE .THEkBOARD _> The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs} that provides a new definition for "Medical Offices" and includes Special Requirements that prohibits medical offices from dispensing controlled substances. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. ~~ ~ BACKGaOU.NDIANALYSIS ~~ ~ '~ 'fhe City Commission has recently been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in neighboring municipalities. There has also been an increase in local advertising far pain management clinics, including references to drugs sold on-site in alternative weekly newspapers, and also on fliers left at bus benches and on billboards. Also, several South Florida pain management clinics have been associated with a "pipeline" of drug trafficking that has lead to illegal drug use in other states, such as Kentucky, West Virginia and Ohio, according to recent newspaper articles. If located within the City, these types of uses would currently fall under Medical Office use. Medical Office uses are allowed in various zoning districts within the City, including General Commercial, Central Business District, Planned Office Center, Professional and Office District, Planned Commercial Center, and the Mixed Residential Office and Commercial District. Normal operations and expectations of this medical office use include examinations by doctors and, should prescriptions be required, they would be written and filled off-site at a local pharmacy. The "pain management clinics" provide not only the prescription, but also fill the prescription on-site. Following are highlights of the proposed ordinance: The ordinance introduces a new definition for Medical Office, which includes services normally associated with medical offices (examinations and prescribing of medicines) and will prohibit dispensing of specific medicines at the office. Clarifies that the existing definitions of Professional Offices and Business Office do not include Medical Offices. Planning and Zoning Board Meeting, September 21, 2009 LDR Amendment -Pain Management Clinics • Special Requirements are added for Medical Offices that prohibit on-site dispensing of controlled substances identified in Schedule 11, III ar IV in Sections 893.03, 893.036 or 893.036, Florida Statutes. • A relief option (appeal process} is added in the proposed ordinance. REQUIRED FINDINGS Gomprehensive Plan Gonformance LDR Section 2.4.5(M}(5} (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and the following applicable objective and policy are identified: Future Land Use Element C}biective A-2 Reduce, and eventually eliminate, uses which are inconsistent with predominant adjacent land uses, and to insure compatibility of future development. Policy A-2,3 Development of remaining vacant properties shall occur in a manner which is consistent with and complementary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. REVIEW BY OTHERS Courtesv Nofices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council The following advisory boards will review the proposed amendment and their recommendations will be forwarded to the Planning and Zoning Board and/or City Commission, as follows: The Downtown Development Authority will review the ordinance at their meeting an September 21, 2009. The Community Redevelopment Area will review the ordinance at their meeting an September 24, 2009. The Pineapple Grove Main Street committee will review the ordinance at their meeting on October 7, 2009. The West Atlantic Redevelopment Coalition will review the ordinance at their meeting on October '14, 2009. 2 Planning and Zoning Board Meeting, September 21, 2QQ9 LDR Amendment -Pain Management Clinics ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", by enacting subsection {CELL), "Medical Offices", to provide for clarification regarding the dispensing of narcotic drugs; amending Appendix "A" to provide for definitions related to medical offices, professional offices, business office and pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set Earth in LDR Section 2.4.5{M} C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", by enacting subsection {CECC), "Medical Offices", to provide for clarification regarding the dispensing of narcotic drugs; amending Appendix "A" to provide for definitions related to medical offices, professional offices, business office and pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5{M} {motion to be made in the a~rmafive). RECOMMENQED `ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", by enacting subsection {CELL), "Medical Offices", to provide for clarification regarding the dispensing of narcotic drugs; amending Appendix "A" to provide for definitions related to medical offices, professional offices, business office and pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M}. Attachment: Proposed ordinance 3