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Ord 11-11AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A REVISED DEFINITION FOR "MEDICAL OFFICE", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 28, 2011 and voted 5 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 DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended as follows: MEDICAL OFFICE Shall mean an office providing services to the public by physicians, dentists, surgeons, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, (who are also known as health care practitioners) or others who are duly licensed to practice their respective professions in the State of Florida, as well as others, including but ORDINANCE NO. 11-11 not limited to technicians and assistants, who are acting under the supervision and control of a licensed health care practitioner. Also included in this section shall be all~roviders or facilities licensed under i Fla ~t~it sections 397 311~18)(a)6 "Intensive Outpatient Treatment" and 397.311(18~(a~8. "Outpatient Treatment". 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 shall be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second an al readin ~s `}' day of April, 2011. MAYOR ATTEST: City Clerk `~ \ First Readin ".~ ~ 1 Second Readin S ~1 2 ORD. NO. 11-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 21, 2011 SUBJECT: AGENDA ITEM 10 F -REGULAR COMMISSION MEETING OF APRIL 5.2011 ORDINANCE NO. 11-11 ITEM BEFORE COMMISSION Page 1 of 1 This ordinance is before Commission for second reading to consider acity-initiated amendment to Land Development Regulations (LDR) Appendix "A", "Definitions", to provide a revised definition for Medical Office. BACKGROUND At the first reading on March 15, 2011, the Commission passed Ordinance No. 11-11. RECOMMENDATION Recommend approval of Ordinance No. 11-11 on second and final reading. http://itwebapp/Age ORDINANCE NO.11-11 AN ORDINANCE OF THE QTY COMIVIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A REVISED DEFINITION FOR "MEDICAL OFFICE", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Corrunission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 28, 2011 and voted 5 to 0 to recommerul that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plaruling 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 Cor~r»ssion of the City of Delray Beach finds the ordinance is consistent with the CorrtpreherLSive Plan. NOW THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. 'on 2. That Appendix "A", "Definitions', of the Land Development It~~gulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: MEDICAL OFFICE Shall mean an office providing services to the public by physicians, dentists, surgeons, chiropractors, osteopaths, physical therapists, nurses, acuptmcturists, podiatrists, optometrists, psychiatrists, (who are also known as health care practitiortiers) or others who are duly licensed to practice their respective professions in the State of Florida, as well as others, iruluding but not limited to technicians and assistants, who are act~irig under the supervision and control of a licensed health care practitioner. Also included in this section shall be all providers or facilities licensed under Fla. Stat Sections 397 311(18Na)6 "Intensive Outpatient Treatment" and 397.311(18)(a18, "Outpatient Treatrrent". Section 3. That should any section or provision of this ordinance or any portion thereof, any par~aph, 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 shall be, and the same are ~Y ~ Section 5. That this ordinance shall become effective irnrrediately upon its passage on second and final readir~ PASSED AND ADOPTED in regular session on second and final reading on this day of 2010. MAYOR ATTEST: City Clerk Fast Reac}irig Second 2 ORD. N0.11-11 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: March 9, 2011 SUBJECT: AGENllA ITEM 12 C -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORUTNANCE NO. 11-1 l Page 1 of 1 ITEM BEFORE COMMISSION Consideration of acity-initiated ordinance to amend the Land Development Regulations (LDRs) by amending the definition of "Medical Office." This is accompanied by two (2) other related ordinances (09-11 and 10-11); all three ordinances address how the City regulates Residential and Non-Residential Licensed Service Providers. BACKGROUND Ordinance No. 11-11 revises the Medical Office definition to include the outpatient programs referenced in Section 397.311 of the Florida Statutes dealing with Substance Abuse Services. This is to clarify and differentiate between outpatient medical treatment and intensive inpatient medical treatment including detoxification facilities which are institutional in nature. Non-institutional medical uses are currently, and will continue to be, allowed in medical office districts. Institutional medical uses, including intensive inpatient treatment facilities, will be allowed in the new Medical Arts District. Many of our zoning districts that allow medical office uses are in mixed districts that allow residential uses or are located in close proximity to residential uses. Recent case law has found that intensive inpatient treatment facilities ai-e less like dwellings and more akin to hospitals and can be legitimately prohibited from residential districts. REVIEW BY OTHERS The Planning and Zoning Board voted 5 - 0 recommending approval at their February 28, 2011 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. I1-11 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://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=4285&MeetingID=288 3/21/2011 MEETING DATE: FEBRUARY 28, 2011 AGENDA NO: IV. B. AGENDA ITEM: CONSIDERATION OF THREE CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDR) RELATED TO THE DELETION OF SPECIAL REGULATIONS THAT PERTAIN TO RESIDENTIAL LICENSED SERVICE PROVIDERS (SECT. 4.3.3) AND TO FURTHER ALLOW THEM AS PERMITTED USES IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); CREATING A MEDICAL ARTS OVERLAY DISTRICT (SECT. 4.5.18); ADDING INSTITUTIONAL USES WHEN LOCATED WITHIN THE MEDICAL ARTS OVERLAY DISTRICT IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); AMENDING APPENDIX "A" TO PROVIDE UPDATED DEFINITIONS FOR RESIDENTIAL LICENSED SERVICE PROVIDER, NON-RESENTIAL LICENSED SERVICE PROVIDERS, MEDICAL OFFICE, AND INSTITUTIONAL USES. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding three (3) city-initiated ordinances to amend the Land Development Regulations (LDRs) to repeal current specific regulations pertaining to Residential and Non-Residential Licensed Service Providers, allowing Residential Licensed Service Providers as a permitted use, creating a Medical Arts Overlay District, and amending the associated definitions. 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 Following is a brief description of the three (3) ordinances: Ordinance No. 10-11 pertains to Section 4.3.3 (D), "Residential and Non-Residential Licensed Service Provider Facilities". It is being repealed in its entirety in order to clarify that the residential component of these facilities shall be permitted as of right, the same as other residential uses in the various zoning districts where residential uses are allowed. These changes are being processed to bring our code up to current legal standards based on recent case law. Recent case law has determined these Residential Licensed Service Provider uses must be treated similar to any other residential use. The Special Regulations Section 4.3.3 currently contains restrictive elements specific to Residential Licensed Service Providers, such as minimum separation distances, minimum floor area for bedrooms, minimum floor area devoted to common areas, locational restrictions (not within 1200 feet of any private or public school), etc. These Sections are being repealed, as they are unconstitutional. Further, Residential Licensed Service Providers are allowed as a conditional use or not at all in certain residential districts. To comport with current case law they are to be added as permitted uses subject to regulations applied to all residential uses. Also nursing homes where allowed are being moved from uses permitted by conditional use to permitted by right, to maintain consistency. Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Ordinance No. 11-11 revises the Medical Office definition to include the Outpatient programs referenced in Section 397.311 of the Florida Statutes dealing with Substance Abuse Services. This is to clarify and differentiate between outpatient medical treatment and intensive inpatient medical treatment including detoxification facilities which are institutional in nature. Non- institutional medical uses are currently, and will continue to be, allowed in medical office districts. Institutional medical uses including intensive inpatient treatment facilities will be allowed in the new Medical Arts District. Many of our zoning districts that allow medical office uses are in mixed districts that allow residential uses or are located in close proximity to residential uses. Recent case law has found that intensive inpatient treatment facilities are less like dwellings and more akin to hospitals and can be legitimately prohibited from residential districts. Ordinance No. 09-11 creates a Medical Arts Overlay District to include institution-like uses including hospitals and non-residential licensed service provider facilities (intensive inpatient/ detoxification type facilities) within the overlay district which encompasses CF, POC and PC zoning districts. These institutional uses are included under the list of permitted uses within the portion of these zoning districts that are included in the Medical Arts Overlay District. An amended definition for Institutional Uses is also included. The overlay district encompasses the general area of Military Trail and Linton Blvd. and includes the existing Delray Medical Center, the South County Mental Health Center, Inc., Fair Oaks Hospital, Palm Court Plaza, Wal-Mart Center, Delray Town Center, Delray Outpatient Properties, Linton Oaks Square, Linton Office Park, and the South County Professional Centre Condo. 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. The following were identified as relevant to this amendment: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOM/C BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A-1 Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. Intensive inpatient treatment facilities that combine treatment and housing in the same location have been determined to be less like dwellings and more akin to institutional uses like hospitals and can be legitimately prohibited from residential zoning districts. The Medical Arts Overlay District is being created to provide an area for the institutional uses and will allow Non-residential Licensed Service Providers, Hospitals, Treatment Centers, Rehabilitation Centers, Testing Facilities, and Mental Health Treatment Facilities. Accompanying ordinances will allow non- institutional medical uses within districts that allow medical uses. The Residential Licensed 2 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Service Provider use will be allowed as permitted use within residential districts consistent with the other residential uses. REVIEW BY OTHERS Courtesv Notices Courtesy notices were provided to the following civic associations: • Neighborhood Advisory Council ^ Delray Citizen's Coalition ^ Citation Club ^ Shadywoods ^ Lakeview Civic Association ^ Sherwood Park Civic Association ^ Rabbit Hollow ^ Verona Woods ^ Spanish Wells ^ Crosswinds ^ Abbey Delray South ^ Andover ^ Hammock Reserve Homeowners Association ^ Country Lake Homeowners Association ^ Del-Aire Homeowners Association A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., 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, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses. , 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). Recommend approval of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To 3 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., 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). Attachments: ^ Ordinance No. 10-11 ^ Ordinance No. 11-11 ^ Ordinance No. 09-11 ^ Medical Arts District Map ^ Medical Arts Zoning Map 4 8E The Palm Belch Post ~ PalmBeachPostcom (561) 820-4343 ~ Friday, March 25 2011