Ord 36-10ORDINANCE NO. 36-10
AN ORDINANCE OF THE CI"I`Y 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", SUBSECTION (CELL),
"MEDICAL OFFICES", TO INCLUDE MEDICAL CLINICS;
PROVIDING r1 SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DA"I'E.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Toning Board reviewed the
proposed text amendment at a public hearing held on September 20, 2010 and voted 7 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 finduigs in the
Planning and 'Z.oning Staff Keport; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE I'I' 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. 'T'hat Section 4.3.3, (CELL), "Medical Offices", of the Land Development
Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows:
(CELL) Medical Professional and Business Offices, and Medical Clinics:
(1) Applicability. Medical, Professional and Business Offices and Medical Clinics shall
be subject to the following:
(a) On-site dispensing of controlled substances that are identified in Schedule II, III,
or IV in Sections 893.03, and as further amended by Sections 893.035 or
893.0355, 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 directly
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
facility 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-time, 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, regarduig I~ledical Offices shall be appealed to the City
Commission. The applicant shall follow the procedures and requirements set forth in Section
2.4.7(10. 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 intentionally 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 uivalid.
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 immediately upon its passage on
second and final reading.
2 ORD. NO. 36-10
PASSED AND ADOPTED in regular session on secon d final reading o this the 19`h
day of October, 2010.
~Se~
MAY
ATTEST
City Clerk
First Readin \~ ~ ~~
Second Readin ~ ~ ~~
3 ORD. NO. 36-10
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: October 7, 2010
Page 1 of 1
SUBJECT: AGENDA ITEM 10 C -REGULAR COMMISSION MEETING OF OCTOBER 19, 2010
ORDINANCE NO 36-10 (SECOND READING/ SECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and public hearing to consider a city initiated
amendment to the Land Development Regulations (CDR) Section 4.3.3 (CELL), "Pharmacies", to add
the term "Medical Clinics" under applicability and to change the category title to "Medical,
Professional, Business Offices and Medical Clinics".
BACKGROUND
At first reading on October 5, 2010, the Commission approved Ordinance No. 36-10.
RECOMMENDATION
Recommend approval of Ordinance No. 36-10 on second and final reading.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=3887&MeetingID=274 10/22/2010
ORDINANCE NO.36-10
AN ORDINANCE OF THE QTY COMMISSION OF THE QTY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY
BEACH, BY AMENDING SECTION 4.3.3, "SPEQAL
REQUIREMENTS FOR SPEQFIC USES", SUBSECTION (CELL),
"MEDICAL OFFICES", TO INCLUDE MEDICAL CLINICS;
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 September 20, 2010 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plaruzing and Zoning Board,
sitting as the Local Planning Agency, has determiled 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 Corprehensive Plan
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 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 Delray Beach, be and the same is hereby amended to read as follows:
(CELL) Medical, Professional and Business Offices, and Medical Clinics:
(1) Applicability. Medical, Professional and Business Offices, and Medical Clinics shall
be subject to the followir~
(a) On-site dispensing of controlled substances that are identified in Schedule II, III,
or IV in Sections 893.03, and as further amended by Sections 893.035 or
893.0355, 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 directly
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 intem~ediate care
facility 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-tirre, 72-hour emergency
resupply of a controlled substance to a patient.
(2) Appeal. An appeal from an administrative determuiation or board action, excluding
the granting or cletlial of a variance, regarding Medical Offices shall be appealed to the City
Commission The applicant shall follow the procedures and regtrinerrients set forth in Section
2.4.7(E ). In addition to the regi.rirerr~lts 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 intentionally 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 vwrd 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 orcln~lce shall become effective immediately upon its passage on
second and final reading.
2 oxv. No.
ORD. NO.
Coversheet
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: September 29, 2010
Page 1 of 1
SUBJECT: AGENDA ITEM 10 D -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010
ORDINANCE N0.36-10 (FIRST READING/FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will add
"Medical Clinics" to Section 4.3.3 (CELL) that contains specific restrictions that already apply to
Medical Offices, and Professional and Business Offices.
BACKGROUND
Section 4.3.3 (CELL) of the LDRs includes restrictions regarding dispensing of controlled substances
for medical offices, professional offices, and business offices. Adding "Medical Clinics" to the list of
uses restricted by this section will close a loophole that could be asserted that because medical clinics
are not specifically listed, they would not be subject to the restrictions in this section. The amendment
also renames the section from "Medical Offices" to "Medical, Professional, and Business Offices and
Medical Clinics" to reflect the LDR sections applicability.
REVIEW BY OTHERS
The Planning and Zoning Board voted 7 - 0 recommending approval at their September 20, 2010
meeting.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 36-10 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://agendas.mydelraybeach.com/Bluesheet.aspx`?ItemID=3833&MeetingID=272 10/7/2010
MEETING DATE: SEPTEMBER 20, 2010
AGENDA NO: V.D.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 4.3.3(LLLL) TO ADD THE
TERM "MEDICAL CLINICS" UNDER APPLICABILITY AND TO CHANGE
THE CATEGORY TITLE TO "MEDICAL, PROFESSIONAL AND
BUSINESS OFFICES, AND MEDICAL CLINICS".
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding acity-
initiated amendment to Land Development Regulations (LDRs) that will add "Medical Clinics" to
Section 4.3.3 (CELL) that contains specific restrictions that already apply to Medical Offices, and
Professional and Business Offices.
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.
BACKGROUND/ANALYSIS
Section 4.3.3 (CELL) of the LDRs includes restrictions regarding dispensing of controlled
substances for medical offices, professional offices, and business offices. Adding "Medical Clinics"
to the list of uses restricted by this section will close a loophole that could assert that because
medical clinics are not specifically listed, they would not be subject to the restrictions in this
section.
The amendment also renames the section from "Medical Offices" to "Medical, Professional, and
Business Offices and Medical Clinics" to reflect the LDR sections applicability.
REQUIRED FINDINGS
Comprehensive Plan Conformance
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 while
there are no specific goals, objectives, or policies to which this amendment would apply, the
amendment is not inconsistent with the Comprehensive Plan.
REVIEW BY OTHERS
Courtesv Notices
Courtesy notices were provided to the following homeowner and civic associations:
^ Neighborhood Advisory Council
• Progressive Residents of Delray (PROD)
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
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",
Subsection (CELL), "Medical Offices", To Include Medical Clinics, 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 For Specific Uses",
Subsection (CELL), "Medical Offices", To Include Medical Clinics , 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 affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, Section 4.3.3,
"Special Requirements For Specific Uses", Subsection (CELL), "Medical Offices", To
Include Medical Clinics, 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
2