R10-020
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1 RESOLUTION NO. RI0-020
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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.
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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
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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
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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
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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.
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6 PASSED AND ADOPTED this ~ day of February, 2010.
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8 ACH, FLORIDA
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I~ ATTEST:
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24 Yn.~
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26 t M. Prainito, MMC
27 ty Clerk
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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.
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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.
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Dated:
Adopted by Resolution number RIO- OIlO of the City Commission of the City of Boynton
Beach, Florida the cQMR day of Feb. , 2010
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