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R10-020 1/ " I I I 1 RESOLUTION NO. RI0-020 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE 5 OF INTENT" TO COMMENCE A TEMPORARY 6 MORATORIUM FOR ONE HUNDRED EIGHTY (180) 7 DAYS ALLOWING STAFF TO REVIEW AND REVISE 8 ZONING REGULATIONS FOR PROPERTIES IN ALL 9 COMMERCIAL, INDUSTRIAL OR MIXED USE 10 ZONING DISTRICTS FOR THE OPERATION OF PAIN 11 CLINICS AND PAIN MANAGEMENT CLINICS AND 12 FOR BUSINESSES WHICH DISPENSE PRESCRIPTION 13 DRUGS; AND PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, Ordinance 00-53 authorizes temporary moratoriums to allow the City staf 16 and City consultants to study the need for modifications to City development regulations i 17 response to trends on development or redevelopment in the City; and 18 WHEREAS, the United States Supreme Court in its 2002 opinion in 19 Preservation Council, Inc. v. Tahoe Regional Planning Agency recognized that the moratoria, 0 20 "interim development controls" as they are often called, are an essential tool of successfu 21 development; and 22 WHEREAS, the Commission deems it timely and in the best interest of the City and it 23 residents to undertake review and revision of the zoning regulations as they relate to the location 24 use and operation of pain clinics, pain management clinics and businesses which dispens 25 prescription drugs; and 26 WHEREAS, the Commission has authority to initiate the review process by resolutio 27 and issuance of a Notice oflntent; and 28 WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents 29 formal announcement of said planning activities, and the period during which time al 30 applications related to the operation of pain clinics, pain management clinics and businesse 31 which dispense prescription drugs, must be halted; and 32 WHEREAS, this Notice of Intent will be in effect from the date of adoption an E \Datal 78\ltems\ 731 I OOO\523\NOI_Resolution ]MC _(mr).doc II " I 1 thereafter for a period of 180 days following the date of adoption unless otherwise extended b 2 the City Commission by subsequent Resolution following public hearing; and 3 WHEREAS, the Commission intends that this Resolution constitute zoning in progres 4 and the commencement of a temporary moratorium as a means of stopping the proliferation 0 5 pain management clinics, pain clinics and business which dispense prescription drugs during th 6 one hundred eighty (180) day study period herein described; and 7 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and 8 Chapter 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to 9 protect the public health, safety and welfare of its citizens and has the power and authority to 10 enact regulations for valid governmental purposes that are not inconsistent with general or 11 special law; and 12 WHEREAS, the public health, safety and welfare is a legitimate public purpose 13 recognized by the courts of Florida; and 14 WHEREAS, at the Florida Board of Medicine (the Board) Meeting in December, 15 2008 at Tampa, Florida, the Board cited the "rapid proliferation of pain clinics that may be 16 contributing to increased abuse of controlled substances," and concluded "toere may be a 17 need to develop rules and regulations for these clinics to provide oversight related to 18 evaluation and follow up of these difficult patients and help physicians identify persons not 19 seeking care but just pill shopping for narcotics;" and 20 WHEREAS, the Board further notes that "an average of 7 patients a day are 21 reported as dying of prescription drug overdose in Florida, a number that far exceeds the 22 number dying from illegal drug use;" and 23 WHEREAS, the U. S. Department of Health and Human Services has released data 24 showing prescription drug deaths are now the fourth leading cause of death in the United 25 States; and E:\Data\78\Itemsl 7311 OOO\523\NOI_ Resolution]MC _(mr).doc II " I 1 WHEREAS. the City and surrounding areas of Palm Beach County have 2 experienced an influx of "pain clinics and "pain management clinics;" and 3 WHEREAS, the City Commission of the City of Boynton Beach has heard 4 evidence pertaining to the proliferation of "pain clinics" and "pain management clinics" in 5 Boynton Beach and in Palm Beach County, prescription drug abuse, deaths associated with 6 such abuse and crimes stemming from such abuse; and 7 WHEREAS, the City Commission finds it in the best interest of the citizens of 8 Boynton Beach to mitigate the negative secondary effects of these businesses by adopting 9 appropriate regulations relating thereto; and 10 WHEREAS, time is needed in which to research the nature and scope of possible 11 measures of mitigation and regulation of "pain clinics" and "pain managemeHt clinics;" and 12 businesses involved in the dispensing of prescription drugs; and 13 WHEREAS, the City Commission deems it in the best interests of the City to 14 consider the enactment of the proposed ordinance attached hereto as Exhibit "B" as part of its 15 study to regulate pain clinics, pain management clinics and business which dispense 16 prescription drugs. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ] 8 CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section I. The City Commission of the City of Boynton Beach, Florida does hereb 20 issue the Notice of Intent attached hereto as Exhibit "A", 21 Section 2. That this Resolution shall become effective in all zoning districts city-wid 22 immediately upon passage. 23 Section 3. The Notice of Intent shall posted and copies provided as required b 24 Ordinance 000-053. 25 Section 4. No application for a development activity or Business Tax Receipt, that i E:IData\ 78\ltemsl 7311 OOO\523INOI_ Resolution_ PMC _(mr) doc 1/ III 1 defined within the scope of the study shall be accepted by the City following the date of adoption 2 of this Resolution and during the study period. No application for a development activity 0 3 Business Tax Receipt, that is defined within the scope of the study shall be further processed b 4 the City, following the date of adoption of this Resolution during the study period, unless th 5 application was filed prior to the adoption date of this Resolution. 4 6 PASSED AND ADOPTED this ~ day of February, 2010. 7 8 ACH, FLORIDA 9 10 - 11 12 13 14 15 16 17 ] 8 19 20 21 22 I~ ATTEST: ~-' 24 Yn.~ 25 26 t M. Prainito, MMC 27 ty Clerk 28 29 30 E:IData\ 781Items\73\1 OOO\523INOI_ Resolution _PMC u(ml) doc " I ~/fJ ,[V-D NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI #2010-01 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare, in anticipation of an amendment to the Future Land Use Map, Official Zoning Map and Land Development Regulations, a study period to: A. Evaluate locations in the commercial, industrial or mixed use zoning districts m which pain clinics, pain management clinics or business which dispense prescription drugs may operate; B. Consider amendments to the existing regulations to prevent impacts upon adjacent residential districts from the operation of a pain clinic, pain management clinic or businesses which dispense prescription drugs. AFFECTED AREA All properties currently zoned commercial, industrial or mixed use in the City of Boynton Beach. GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) 1. Addition or deletion to permitted, conditional or prohibited uses within commercial, industrial or mixed use zoning districts. 2. Addition of use requirements or operational standards intended to address the possible proliferation of uses associated with prescription drug abuse, related deaths and crimes stemming from such abuse. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED If findings reveal potential land use incompatibilities between the operation of a pain clinic, pain management clinic or businesses which dispense prescription drugs on adjacent properties the intent of new regulations generated from the study will be to minimize or eliminate potential impacts upon adjacent properties. E :\Data\ 7811temsl 7311 OOOl5231Notice _ oC Intent_ PMC _( ml) doc II I EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MA Y BE AMENDED LDR, Sections regarding permitted uses, prohibited uses, and conditional uses in the commercial, industrial and mixed use zoning districts PROJECTED TIME FRAME FOR STUDY One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission. The planning study including formulation of recommendations is estimated to take 6 months. If additional time is required to complete the study due to the scope or magnitude of the regulatory changes, a request for extension may be requested by the Development Department. The City Commission, following public hearing on the request for extension may extended this Notice of Intent for an additional period of time as specified by the City Commission at the time of extension. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT Effective on adoption of this Notice, all new applications for pain clinics, pain management clinics and businesses which dispense prescription drugs in the commercial, industrial or mixed use zoning districts shall be abated during the study period. This Notice of Intent shall only apply to said applications accepted by the City after the Notice of Intent is executed. ADDITIONAL NOTICE 1. The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. 2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. 3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. Neither failure by the City Clerk to provide notice as set forth in this section nor the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. E :\Datal 781Itemsl 7311 OOO\523\Notice _ oC Intent_ PMC _ (mr).doc " I Dated: Adopted by Resolution number RIO- OIlO of the City Commission of the City of Boynton Beach, Florida the cQMR day of Feb. , 2010 . E:\Data\ 78\Items\ 73\ I OOO\523\Notice _of _lntent_ PMC _(mr). doc