Ord 13-10AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CITY'S LAND DEVELOPMENT REGULATIONS, BY
AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS
FOR SPECIFIC USES", SUBSECTION (CELL), "MEDICAL
OFFICES", TO PROVIDE CLARIFICATION REGARDING
THE APPLICABILITY OF CERTAIN STATE STATUTES;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on May 17, 2010 and voted 6 to 0 to recommend
that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174{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 adopts 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 DEL,RAY BEACH, FLORIDA, AS FOLLOWS:
ection 1, That the recitations set forth above are incorporated herein.
Section 2. That Section 4.3.3, (CELL), "Medical Offices", of the Land Development
Regulations of the City of Dekay Beach, be and the same is hereby amended to read as follows:
(L,LLL} Medical Offices:
(1) Applicability. Medical Professional and Business Offices shall be subject to the
following:
(a) On-site dispensing of controlled substances that are identified in Schedule II, III,
or N in Sections 893.03, and as further amended by Sections $93.035 or
893.03(55, Florida Statutes, is prohibited, unless otherwise expressly permitted by
statutory or general law. The following are exempt from this prohibition:
__ .
{i) A health care practitioner when administering a controlled substance dnrecdy
to a patient if the amount of the controlled substance is adequate to treat the
patient during that particular treatment session.
{ii) A pharmacist or health care practitioner when administering a controlled
substance to a patient or resident receiving care as a patient at a hospital,
nursing home, ambulatory surgical center, hospice, or intermediate care
facilitlT for the developmentally disabled which is licensed in this state.
{iii) A health care practitioner when administering a controlled substance in the
emergency room of a licensed hospital.
(iv) 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 aone-tune, 72-hour emergency
resupply of a controlled substance to a patient.
{2) Appeal. An appeal from an administrative determination or board action, excluding
the granting or denial of a variance, regarding Medical Offices shall be appealed to the City
Commission. The applicant shall follow the procedures and requirements set forth in Section
2.4.7{0. In addition to the requirements listed in Section 2.4.7(E) the applicant shall also list the
following:
(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 intentionaIly or unintentionally violated federal or state law. The
law(s) the City has allegedly violated shall be identified.
Section 3. 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.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective unmediately upon its passage on
second and final reading.
~, oxv. rya. ~ ~-~ o
II PASSED AND ADOPTED in regular session on second and final readang on this the 1 ~"' C
day of June, 2010.
ATTEST
~~. ~
City Clerk
First Readin ~ c~~ ~'/
Second 1Zeadin ~~ ~r`~'
~-
ORD. NO. 13-10
Page 1 of l
MEMOF:ANDLTM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: June 10, 2010
SUBJECT: AGENDA STEM 10,B. -REGULAR COMMISSION MEETING OF JUNE 15 24]0
ORDINANCE NO. I3-70
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider a city initiated amendment to the
Land Development Regulations {CDR) Section 4.3.3, "Special Requirements for Specific Uses", by
amending Subsection (CELL), "Medical Offices", to provide for clarification regarding the applicability
of certain State Statutes.
BACKGROUNT}
At the first reading on May 25, 2010, the Commission passed Ordinance Na. 13-10.
RECONIMENI}ATION
Recommend approval of Ordinance Na. 13-10 on second and final reading.
http:/tmiweb001lAgendaslBluesheet.aspx?ItemID=3408&MeetinglD=262 6116/2010
Page 1 of 1
14~JEMORANDUII~I
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: May 20, 2010
SUBJECT: AGENDA ITEM 12.A. - REGULAR CC?MMISSION ]11EETING 4F MAY 25.2010
~RI1tNANCE NQ. t3-t0
ITEM BEFO...RE COMMISSION
Consideration of acity-initiated amendment to Land Development Regulations {LDRs} that provides
clarification regarding the applicability of certain state statutes.
BACKGROTJND
On October 20, 2009, the City Commission enacted Ordinance No. 50-09 that introduced regulations
for "Medical Offices." Specifically, requirements were added that prohibited on-site dispensing of
controlled substances identified in Schedule ll, Ill or lV in Sections 893.03, 893.035 or $93.036, Florida
Statutes. Exempt situations were included, along with a provision that allowed for appeal of an
administrative determination.
This current LDR amendment, in part, provides correction and clarification for references to the Florida
Statutes, and is being processed to maintain consistency between the City's regulations and the
State's. The amendment also expands the Ordinance's applicability from medical offices to include
professional and business offices. This expansion will eliminate the potential for uses that dispense
controlled substances from establishing under a professional or business office category {i.e., wellness
center} and asserting that the Ordinance does not apply to them as they are not a "medical office."
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on May 1"T, 2010. The Board
unanimously recommended approval on a 6 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.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 13-10, by adapting 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 Earth in Section 2.4.5{M} of the Land Development Regulations.
http://rniweb001 /AgendaslBluesheet.aspx`?ItemID=3351&MeetinglD=292 6/10/2010
ORDINANCE N0.13-10
AN ORDINANCE OF THE CITY COItIItirIISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
QTY'S LAND DEVELOPMENT REGULATIONS, BY
A1~~NDING SECTION 4.3.3, „SPECIAL REQUIREMENTS
FOR SPECIFIC USES", SUBSECTION (CELL}, "I1!IEDICAL
OFFICES", TO PROVIDE CLARIFICATION REGARDING
THE APPLICABILITY OF CERTAIN STATE STATUTES;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, ~~TD AN EFFECTIVE DATE.
VJI~EREAS, pursuant to LDR Section 1.1.b, the Pl~~r~r~ing and Zoning Board reviewed tI~
proposed text arr~endrnent at a public hearing held an May 17, 2010 and voted 6 to 0 to recan~ux~end
that the clkuanges be approved; and
V~REAS, ptusuant to Florida Statute 163.3174(4)(c), the Planr~ng and Zoning Board,
sitting as the Local Pl~mning p~;ency, :has determined that the change is consistent with and ftu-theers
the goals, objectives and policies of the Con>l3rehecasive Plan; and
WI-~REAS, the City Commission of the City of Delray Beach adopts the findings in the
PlG~rtrung and Zoning Staff Report; and
V'JHEREAS, 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 CONaVIISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set faith above are incorporated herein.
Section 2. That Section 4.3.3, (CELL), "I~rledical Offices", of the Land Develapmerrt
Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows:
(CELL) Medical Offices:
(1) Applicability, Medical Professional and Business Offices shall be subject to the
followings
(a) On-site dispensing of controlled substances that are identified in Sch~x~.rle II, III,
or IV in Sections 893.03, and as further amended by Sections 893.035 or
893.0355 Florir.~ Stah~tes, is prohibited, unless otherwise expresslyptted by
statutory or g+~~~ral law The follovnng are exeampt from this prohibition:
(i} A health care practitioner wren administering a controlled substance directly
to a patient if the amount of the controlled st.~bstance is adequate to treat the
patient during that ~~articular treatment session
(ii} A pharnlacis~t or health care practitioner ~n~llen administering a controlled
substance to a patient or resident receiving care as a patient at a hospital,
nursing home, a~~nbulatary surgical center, hospice, or intermediate care
facility for the c~~velopmentally disabled which is lice~~sed in this state.
(iii) A health care practitioner ~~hen administering a controlled substance in the
emergency room of a licensed hospital
{iv) A nth care practitioner when administering or dispensing a controlled
substance to a person under the age of 16,
{v) A health care practitioner when dispensing aone-time, ?2-hour emergency
resupply of a controlled substance to a patient.
{2) ~-l~~ea1. An appeal from an administrative determination or board action, excluding
the granting or denial of a variance, regarding N>edical CJffices shall be appealed to the City
Commission The applicant shall. follow the procedures and requit~err~ertts set forth in Section
2.4.7{E ). In addition to the requirements listed in Section 2.4.7(E } the applicant shall ~Iso list the
fo11oU
(a) If the applicant is a potential. claimant ~ a federal or state law; and
{b) That the applicant believes in goad faith that the City through implementation of
this section has intentionally or unintentionally violated federal or state law The
law(s) the City has a11e;~edly violated shall be identified
Section 3, That should any section or provision of this ordir~artee or any portion
thereof, any paragraph, sentence, or ward 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 ar part thereof
other than the part declared to be invalid
Section 4. That all ordinances or parts of ordii~zrrces in conflict herewith be, and the
carne are hereby n~~ealed
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
~, C}tiL?. NO, 13-t0
PASSE D AND ADOPTED in x~~;u~iar session on second and final reading on this the
day of 2010.
ATTEST'
city Qerk
First Reading
Second Reading
MAYOR
ORD. N{7, 13-10
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: MAY 17, 2010
AGENDA NO: IV.D.
AGENDA 17EM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR}, BY AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING
SUBSECTION (CELL}, "MEDICAL OFFICES", TO PROVIDE FOR
CLARIFICATION REGARDING THE APPLICABILITY OF CERTAIN
STATE STATUTES.
ITEM BEFORE THE BOARD
The item before the Baard is to make a recommendation to the City Commission regarding acity-
initiated amendment to Land Development Regulations {LDRs) that provides clarification regarding
the applicability of certain state statutes.
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.
BACKGROUNDIANALYSIS
On September 21, 2409, the Planning and Zoning Baard unanimously recommended approval of
Ordinance 50-09 that introduced regulations far "Medical Offices." Specifically, requirements were
added that prohibited on-site dispensing of controlled substances identified in Schedule Il, 111 ar iV
in Sections 893.03, 693.035 or 893.036, Florida Statutes. Exempt situations were included, slang
with a provision that allowed for appeal of an administrative determination.
This current LDR amendment, in part, is in response to recent numerical section changes that were
made in the Florida Statutes, and is being processed to maintain consistency between the City's
regulations and the State's, The amendment also expands the Ordinance's applicability from
medical offices to include professional and business offices. This expansion will eliminate the
potential for uses that dispense controlled substances from establishing under a professional ar
business office category {i.e., wellness center) and asserting that the Ordinance does not apply to
them as they are not a "medical office."
REQLi1RED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5{M}{5} {Findings} requires that the City Commission make a frnding 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 although
the amendment is Hat found consistent with any specific policy, it is Hated that this amendment is
not inconsistent with the Plan.
Planning and Zoning Board Meeting, May 17, 2010
LDR Amendment -Medical offices
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following civic associations:
^ Neighborhood Advisory Council
^ Progressive Residents of Delray {PROD)
ALTERNATIVE ACl'IONS
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
amending subsection (CELL), "Medical Offices", to provide for clarification regarding the
applicability of certain State Statutes, 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)
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 4.3.3, "Special Requirements far Specific Uses", by
amending subsection {CELL), "Medical Offices", to provide far clarificatian regarding the
applicability of certain State Statutes, 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 ije made in the affirmative).
RECOMMEN[}Ed ACTION
Recommend approval of the amendment to Land Development Regulations, Section 4.3.3,
"Special Requirements for Specific Uses", by amending subsection {CELL), "Medical
4ffiees"', to provide for clarification regarding the applicability of certain State Statutes! 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: Ordinance 13-10
2