HomeMy WebLinkAboutAgenda P&Z 020910AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, FEBUARY 9, 2010 AT 6:00 P.M.
COUNCIL CHAMBERS
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• ADDITIONS, DELETIONS, MODIFICATIONS
• REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN
• APPROVAL OF MINUTES: 12/08/2009
PLANNING, ZONING AND APPEALS BOARD
Re�ular Members: Alternates:
Craig Kunkle Vacant (lst Alt.)
Barry Present Roma Josephs (2"d Alt.)
Randolph Hansen
Michael Panczak
Joy Hecht
Amir Kanel
Joanne Koerner
l. Recommendation to City Council (Public Hearing)
LDRA-10-01-000028: Code Amendment to Land Development Regulations Chapter
78, expanding the definition of inedical and dental office
A City initiated request to amend the Palm Beach Gardens Code of Ordinances by
creating a new subsection at Chapter 78-159(j) (47.1) by adopting additional regulations
pertaining to medical offices; and amending Chapter 78 -751 to clarify and provide for
new definitions of "drugstore or pharmacy", "office, medical or dental", and "office,
business or professional."
Project Manager: Richard Marrero, Senior Planner rmarrero@pbgflcom
Planning, Zoning and Appeals Board
February 9, 2010
2. OLD BUSINESS
3. NEW BUSINESS
4. ADJOURNMENT
Lz accordance lvith tl�e Americans with Disabilities Act arrd Florida StaCute 286.26, persons with disabilities needing special acconzmodations to
participate hz this proceeding sh�ould contact the Ciry Clerk's Office, no later than five days prior to the proceeding, at telephone nzanber (561J
799-4120 for ussistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE),
for assistance. lf a persorz decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or Land
Developnient Regulatrons Comniission, with respect to any matter considered at such� meeting or hzaring, they will need a record of the
pYOCeedings; and for such, they may need to ensure that a verbatins record of the proceedings is made, ivhich record includes the testinzony and
evidence upon which the appeal is to be based. E�zct legal description and/or survey for the cases may be obtai�ced fronz the files dn the Growth
Managemerrt Department.
Common/pz agenda 02.09.2010
2
1 CITY OF PALM BEACH GARDENS
2 PLANNING, ZONING AND APPEALS BOARD
3 REGULAR MEETING
4 DECEMBER 8, 2009
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The regular meeting was called to order at 6:00 p.m. by Vice Chair Michael Panczak.
L CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
IIL ROLL CALL
Members Present: Randolph Hansen, Joy Hecht, Michael Panczak, Barry Present, Amir
Kanel, Joanne Koerner, Roma Josephs (Second Alternate sitting for Craig Kunkle).
Members Absent: Chair Craig Kunkle.
Also Present: City Attorney R. Max Lohman, Planning Manager Natalie Wong, Planner Richard
Marrero, Planner Martin Schneider.
IV. ADDITIONS, DELETIONS AND MODIFICATIONS
None.
V. REPORT BY GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN
Planning Manager Natalie Won� reported.
VI. APPROVAL OF MINUTES
Randolph Hansen made a motion to approve the November 10, 2009 minutes.
Amir Kanel seconded.
Motion passed 7-0.
VIL PUBLIC HEARINGS
1. Recommendation to City Council (Public Hearing)
MISC-09-10-000064: PGA National Resort Golf Course Temporary Modular Structure.
A request from Anne Booth, Urban Design Kilday Studios, on behalf of WFGR Landco, LLC, to
approve construction of a temporary modular structure at the east end of the existing driving
range at the PGA National Resort Core Golf Course, within the PGA National Resort
Community Development of Regiona] Impact/Planned Community Development (DRI/PCD).
The PGA National Resort Coinmunity DRUPCD is bounded by PGA Boulevard to the north,
Northlake Boulevard to the south, the Florida Turnpike to the east, and the C-18 Canal to the
west.
Presented by: Anne Booth, Urban Design Kilday Studios.
Vice Chair Panczak opened the public hearing.
Vice Chair Panczak closed the public hearing.
Randoluh Hansen made a motion for approval.
Amir Kanel seconded.
Motion passed 7-0.
2. Recommendation to City Council
NOPC-09-12-000001: Regional Center DRI NOPC #11. A request by Cotleur and Hearing on
behalf of IMI Kyoto Gardens I, LLC and IMI Kyoto Gardens III, LLC, for approval of a Notice
of Proposed Change ("NOPC") #11 to the Regional Center Development of Regional Impact
("DRI") to: (1) Add hotel as approved use in category "4" to allow for the development of hotels
as well as residential, office, and commercial on parcels designated "4" on the Master Plan
(Exhibit H); (2) Re-designate the Gosman parcel from category "3" to category "4" on the
Exhibit H; (3) Establish an equivalency matrix applicable only to the Gosman parcel to allow the
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1
12•08• 09
l conversion of business hotel, retail or residential, based on peak hour trip generation; (4) Update
2 Condition #1 in the development order and Exhibit H to provide for the conversion of business
3 hotel and hotel; and; (5) Modify the range of floor space allocation table to increase the
4 maximum number of hotel rooms, decrease the maximum allowable ofiice square footage, and
5 provide consistency with the most current traffic data for the DRI.
6 Presented bv: Donaldson Hearing, Cotleur and Hearin�.
7 Ex parte communication declared b� Amir Kanel, Joanne Koerner.
8 Public Comment: None.
9 Joanne Koerner made a motion for approval.
10 Barrv Present seconded. �
l 1 Motion passed 7-0.
l2 3. Recommendation to City Council (Public Hearing)
l3 CPTA-09-10-000017: Text Amendment to the Capital Improvements Element (CIE). A
14 City-initiated request for the adoption of amendments to the Capital Improvements Element
] 5 (CIE) of the City of Palm Beach Gardens Comprehensive Plan to update the CIE to be consistent
16 with the current City budget in accordance with Chapter 163.3177, Florida Statutes.
l 7 Ordinance O 1, 2010
18 Presented bv: Planner Richard Marrera � � �� �
19 Randolph Hansen made a motion for approval.
20 Amir Kanel seconded.
21 Motion passed 7-0. "` "
22 VIII. OLD BUSINESS
23 None.
24 IX. NEW BUSINESS
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PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
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X. ADJOURNMENT
Vice Chair Panczak adjourned the meeting at 6:36 p.m.
The next regular meeting will be held January 12, 2009.
APPROVED:
ATTEST
Craig Kunkle, Chair
Michael Panczak, Vice Chair
Barry Present
Randolph Hansen
Joy Hecht �
Amir Kanel
Joanne Koerner
Donna M. Cannon
Municipal Services Coordinator
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meeting.
All referenced attachments are on file in the Office of the City Clerk.
Note: All those preparing to give testimony were sworn in.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
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Page 3
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: February 9, 2010
Petition: LDRA-10-01-000028
Ordinance 5, 2010
Subject/Agenda Item:
LDRA-10-01-000028: Code Amendment to Land Development Regulations Chapter 78,
expanding the definition of inedical and dental office
Public Hearing & Recommendation to City Council: A City initiated request to amend the Palm
Beach Gardens Code of Ordinances by creating a new subsection at Chapter 78-159(j) (47.1) by
adopting additional regulations pertaining to medical offices; and amending Chapter 78 -751 to
clarify and provide for new definitions of "drugstore or pharmacy", "office, medical or dental", and
"office, business or professional."
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Finance Dept.: PZAB Action:
Growth Mar}�gement: N/A [] Rec. approval
City Attorney
R. Max Lohman, Esq. Project r,� � Allan Owens [] Rec. app. w/ conds.
Manage�,� Administrator [ ] Rec. Denial
Development Compliance Richard'�J. M� ro [N/A] Continued
NA Senior Planner Senior Accountant: to:
Bahareh Wolfs, AICP
[ ] Quasi-Judicial N/A
Growth Manage t � X] LegislaYive Tresha Thomas
.
Administratar [ X] Public Hearing Fees Paid: [] Yes
Kara Irwin, AICP Advertised: Attachments:
Date: 01.29.10 • Section 78-751,
Funding Source:
Pla i a ger Definitions of
Paper: PB Post
medical or dental
[ X] Required [] Operating office, pharmacy, and
ata ie . Wong, AICP
[X] Other NA office professional or
business
• Ordinance 5, 2010
Approved By: Budget Acct.#:
Ronald M. Ferris Affected parties: NA
[ X ] Not required
City Manager
Meeting Date: February 9, 2010
Petition: LDRA-10-01-000028
Page 2 of 4
EXECUTIVE SUMMARY
The subject request is to amend the Palm Beach Gardens Code of Ordinances by creating a new
subsection at Chapter 78-159(j) (47.1) by adopting additional regulations pertaining to medical
offices, and amending Chapter 78 -751 to clarify and provide for new definitions of "drugstore or
pharmacy", "office, medical or dental", and "office, business or professional".
The subj ect amendment is to establish regulations identifying where narcotic drugs may be dispensed
in order to deter criminal activity and stop the proliferation of illegal drug use and distribution
associated with Pain Management Clinics in neighboring municipalities.
BACKGROUND
At the December 8, 2009, Palm Beach County Commission meeting, the Board voted unanimously
to declare a zoning in progress in order to allow staff to amend the Unified Land Developinent Code
(ULDC) to establish regulations for Pain Management Clinics. These actions were taken an effort to
address the proliferation of Pain Management Clinics in the unincorporated areas of the County.
The Palm Beach County's Board of County Commissioners are expected to adopt regulations
pertaining to Pain Management Clinics in March of 2010. The County's ordinance will only apply to
the unincorporated areas and not to the City of Palm Beach Gardens. Therefore, the City of Palm
Beach Gardens has initiated the subject amendment in conjunction with Palin Beach County's and
neighboring municipality's actions relative to Pain Management Clinics.
PROPOSED CITY CODE AMENDMENT:
Staff recominends approval of a text amendment to the following Code Sections: (Deletions are
�*�, new language is underlined):
Sec. 78-159. Pennitted uses, ininor and major conditional uses, and prohibited uses.
(a) —(i) (These subsections shall remain in full force and effect as previously enacted.)
Table 21: Permitted, Conditional, and Prohibited Use Chart. is hereby amended such that "47.1"
shall be added to the "Note" column at "Office, Medical or Dental."
(j) Additional Standards. The following standards apply to specific uses as indicated in the
"Note" column of Table 21.
(1) —(47) (These subsections shall remain in full force and effect as previously enacted.)
�47.1) Offices, medical or dental. Medical or dental offices shall be subject to the following
re�ulations:
a. On-site dispensing of controlled substances that are identified in Schedule II, III or
IV in Sections 893.03, 893.035 or 893.036, Florida Statutes, is strictiv prohibited unless
NIeeting Date: February 9, 2010
Petition: LDRA-10-01-000028
Page 3 of 4
otherwise expresslv permitted bv statutory or �eneral law. However, the followin are
exempt from this prohibition:
1. A health care practitioner when administerin� a controlled substance directl. ��
patient if the amount of the controlled substance is adequate to treat the patient during that
particular treatment session.
2. A pharmacist or health care practitioner when administerin� a controlled substance to
a patient or resident receivin� care as a patient at a hospital, nursing home, ambulatory
surpical center, hospice, or intermediate care facilitv for the developmentallv disabled which
is licensed bv the state.
3. A health care practitioner when administerinp a controlled substance in the
emergency room of a licensed hospital.
4. A health care practitioner when administerin o� r dispensing a controlled substance to
�erson under the age of 16.
5. A health care practitioner when dispensin� a one-time, 72-hour emer enc��lv
of a controlled substance to a atp ient•
(48) —(70) (These subsections shall remain in full force and effect as previously enacted.)
[Note: This section was amended to incorporate additional regulations regarding medical or
dental office uses. The additional standards clarify the types of practitioners and
establishments that may dispense controlled substances within the City's corporate limits.]
Section 78-715. Definitions.
DrugstoYe or pharmacy, general means a retail store which sells or dispenses drugs,
including "controlled substances" as defined in Chapter 893, Florida Statutes, phannaceuticals,
medical supplies, items for personal hygiene, and a wide variety of convenience or consumer goods
such as beverages, pre-packaged foods, books and inagazines, beauty products, tobacco products,
and alcoholic beverages.
Office, inedical or dental means ar °�*^'�'��'��°N* facility ^��°r;�^� N^*;°N*� m��;^��
> > > >
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,,,..,r., �;,,,;�/IYNY/l�o��;,,,, „� ;� �on.,i ;� +�,o c�.,�o „���,,,.;a., providinghealth care seivices to thepublic
by physicians, dentists, 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 Znedical or dental profession in the State of Florida
as well as others, including but not limited to technicians and assistants, who are actin� under the
supervision and control of a licensed health care practitioner.
Office, business or professional means an establishment providing executive, management,
and professional services to the public, including but not limited to the following: advertising
services, business offices of private companies, business offices of utility companies, public or
nonprofit agencies, trade associations, and employment offices; excluding day labor and labor pool
services; professional or consulting offices for accounting, architecture, computer technology,
Meeting Date: February 9, 2010
Petition: LDRA-10-01-000028
Page 4 of 4
design, engineering, landscape architecture, law, urban planning, and similar professions; property
and financial management, real estate; secretarial and telecommunication services; and travel
agencies. This definition does not include offices for the treatment of animals on the premises nor
does it include Medical or Dental Offices.
[Note: This section was amended to repeal the existing definitions of "drugstore or pharmacy",
"office, medical or dental", and "office, business or professional", to clarify the defnitions to
be consistent with the additional regulations proposed in new subsection 78-159(j) (47.1).]
� � � * * �
STAFF ANALYSIS
The proposed modifications included in the LDR text amendment provide additional regulations
pertaining to medical or dental office uses within the City. Staff has determined that the City's Code
of Ordinances does not contain adequate definitions and regulations identifying where narcotic drugs
may be dispensed. Furthermore, staffbelieves it is in the best interest of the City residents, visitors,
and businesses to adopt regulations to deter criininal activity and stop the proliferation of Pain
Management Clinics that have been associated with illegal patterns of drug use in neighboring
municipalities and unincorporated areas of Palm Beach County.
STAFF RECOMMENDATION
Staff recommends APPROVAL of the Petition LDRA-10-01-000028.
'§ 78-751 PA.�'1VI BEACH GAIZDENS CODE
IVonconforming premise means a premise which is nonconforming to the present require-
- ments of this chapter due to non-structural site elements, including but not limited to the
following: required parking and loading spaces; required dumpstex or other trash receptacle
space; vehicle stacking requirements; required access lanes; required screening, landscaping,
or similar site improvements; pedestrian circulation; signs; site lighting; overlay district
requirements; and required site irnprovements.
1Vonconforming use means a land use which was permitteci when established, but does not
conform to the regulations of the zoning district in which it is locateii.
IVonconformity, dimensional means a lot, premises, structure, or building, or any combina-
tion thereof, which does not comply with one or more of the following: minimum building site
area; minimum lot size; minimum lot width; minimum lot depth; minimum building setback;
maximum lot coverage; maximum floor area ratio; maximum building height; minimum open
space; minimum off-street park'ing; and any other similar dimensional criteria established by
this chapter.
Nonresidential subdiuision means a subdivision whose intended use is other than residen-
tial, such as commercial nr industrial.
Notice means notifying the public of the time, date, and location of a public hearing by one
or more of the following methods:
(1)
(2)
i�i
Publication in a newspaper of general circulation;
The provision of required mail notice; or
Posting property with signs provided by the city.
Nursing and convadescent facility means a facility licensed and regulated by the state that
provides lodging arid long term skilled nursing care for aged, chronically ill or convalescent
patients, but excluding hospitals, clinics, or similar institutions devoted primarily to the
diagnosis and treatment of the sick or injured.
�ffice, medical or dental means an establishment offering patients medical services,
examin�,tions, and treatments, by professionals trained in healing or health-related practices,
including medial doctors, dentists, chiropractors, osteopaths, chiropodists, naturopaths, op-
tomebrists, or any similar profession as is legal in the State of Florida. :
Office, business or professional means an establishment providing executive, management,
and professional services to the public, inciuding but not limited to the following: advertising
services, business offices of private companies, business offices of utility companies, public or
nonprofit agencies, tracie associations, and employment offices; exeluding day labor and labox
pool services; professional or consulting offices for accounting, architecture, computer tech-
supp. No. 13 CD7$:412
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LAND DEVELOP�IENT '§ 78-751
tools, paint and hardware items, sporting goods, travel services, optomeirist services and
eyeglasses, anci other similar gooc3s and services, and where at least four of the following six
conditions are present:
(1)
(2)
(3)
Sales are conducted within a single building or accessary structure to a single building;
Floor areas are divided into departments according to category of inerchandise being
sold;
Shoppi.ng carts are provided for customer nse in carrying merchanciise in the store;
(4) Merchandise is arranged predominantly in aisles to aid customers' use of shopping
carts;
(5) Custamer shopping is self-service (i.e., salespersons are not employed or are limited to
only a few departments such as consumer electronics or jewelry); and
_(6) The actual goint of sale is via cash registers located at a centralized facility typically
located near the exit doors at the front of the store, where the customer brings
merchandise for the sales transaction.
Disturbed land means land that no langer supports the assemblage of dominant plant and
animal species characteristic of native Flarida ecospstems an.d if nurtured by ma.n can never
return to a habitat.
Dock, private means an aceessory structure buult on or over the water which is designed or
° used to provide anchoxage for an access to one or more boats for private use and owned by the
property to which the dock is accessary. A private dock may be provided with electrical, water,
sewer, and related utilities.
Drip Zine means a vertical li.ne extenciing from the autermost branches of a tree to the
ground.
Drive-in fu.cility means any use which by design, physical facilities, service, or prceedure
encQUragea or permits customers to xeceive services or obtain goods while remaining in their
vehicles. This term includes drive-through and drive-up facilities.
Drugstore or pharmacy, general means a retail store which sell:s ar dispenses drugs,
pharrnaceuticals, medical supplies., items for personal hygiene, and a vvide variety of
convenience or consumer goods such as beverages, pre-packaged foods, books an,d magazines,
beauty products, tobacco pmducts, and alcoholic beverages.
i7rugstore or pharmacy, limited means a pharmacy which is limited to the sale of drugs,
pharmaceuticals, and medical supplies.
Ilry cleaning means a professional dry cleani.ng or laundry establishment serving individual
or commercial customers.
Dumpster means a refuse, debris, trash recycling, or garbage container which is constructed
so that such can be mechanically lifted from its stationary location and placed on a trash or
refuse collection vehicle or emptied into an appzopriate container.
,
Supp. No. 10
GD78;397
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47
ORDINANCE 5, 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78-
159(j)(47.1) AND BY AMENDING TABLE 21: PERMITTED,
CONDITIONAL AND PROHIBITED USE CHART IN ORDER TO
ADOPT REGULATIONS PERTAINING TO MEDICAL OFFICES;
FURTHER AMENDING CHAPTER 78 AT SECTION 78-751.
DEFINITIONS. BY REPEALING THE DEFINITIONS OF
"DRUGSTORE OR PHARMACY", "OFFICE, MEDICAL OR
DENTAL", AND "OFFICE, BUSINESS OR PROFESSIONAL" AND
READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND
CLARIFY SUCH DEFINITIONS; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78.
LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City Council of the City of Palm Beach Gardens has determined
that in the absence of regulations identifying where narcotic drugs may be dispensed,
the City's residents, visitors, and businesses are more vulnerable to criminal actions,
despite the provision of law enforcement services; and
WHEREAS, the City Council finds that the illegal sale, use and delivery of
controlled substances is a threat to the health, safety, and welfare of the residents of the
City; and
WHEREAS, the City Council has recently been made aware by law enforcement
and news reports that a pattern of illegal drug use and distribution has been associated
with pain management clinics in neighboring municipalities, which dispense narcotic
drugs on site; and
WHEREAS, the City Council has determined that a need exists to adopt
regulations that identify where narcotic drugs may be dispensed in order to deter
criminal activity and promote the public health, safety, and welfare; and
WHEREAS, it is not the intent of this Ordinance to interfere with the legitimate
medical use of controlled substances, but rather to prohibit the dispensing of narcotic
drugs on-site at medial offices, to the extent permitted by law; and
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Ordinance 5, 2010
WHEREAS, this Ordinance was reviewed by the Planning, Zoning, and Appeals
Board, sitting as the Local Planning Agency, at a public hearing on February 9, 2010,
and the Board recommended approval by a vote of _ to _; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. Chapter 78, Land Development of the Code of Ordinances of the
City of Palm Beach Gardens, Florida is hereby amended by adopting new subsection
78-159(j)(47.1) and annotating Table 21: Permitted, Conditional and Prohibited Use
Chart at "Office, medical or dental" by adding "Note" 47.1 in order to adopt regulations
regarding the locations and circumstances under which narcotic drugs may be
dispensed; providing that Section 78-159 shall hereafter read as follows:
Sec. 78-159. Permitted uses, minor and major conditional uses, and prohibited uses.
(a) —(i) (These subsections shall remain in full force and effect as previously
enacted.)
Table 21: Permitted, Conditional, and Prohibited Use Chart. is hereby amended such
that "47.1" shall be added to the "Note" column at "Office, Medical or Dental."
(j) Additional Standards. The following standards apply to specific uses as
indicated in the "Note" column of Table 21.
(1) —(47) (These subsections shall remain in full force and effect as previously
enacted.)
(47.1) Office medical or dental. Medical or dental offices shall be subject to the
followinq requlations:
a. On-site dispensinq of controlled substances that are identified in
Schedules II III or IV in Sections 893.03, 893.035, or 893.036, Florida Statutes,
is strictly prohibited unless otherwise expressly permitted by statutory or qeneral
law. However, the followinq are exempt from this prohibition:
1. A health care practitioner when administerinq a controlled
substance directly to a patient if the amount of the controlled substance is
adequate to treat the patient durinq that particular treatment session.
E
Ordinance 5, 2010
1 2. A pharmacist or health care practitioner when administerinq a
2 controlled substance to a patient or resident receivinq care as a patient at
3 a hospital, nursinq home, ambulatory surqical center, hospice, or
4 intermediate care facility for the developmentally disabled which is
5 licensed bv the state.
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(48) — (70)
3. A health care practitioner when administerinq a controlled
substance in the emerqency room of a licensed hospital.
4. A health care practitioner when administerinq or dispensinq a
controlled substance to a person under the aqe of 16.
5. A health care practitioner when dispensinq a one-time, 72-hour
emerqencv resupply of a controlled substance to a patient.
(These subsections shall remain in full force and effect as previously
enacted.)
19 SECTION 2. Chapter 78, Land Development of the Code of Ordinances of the
20 City of Palm Beach Gardens, Florida is hereby amended at Section 78-751.
21 "Definitions." by repealing the definitions for the terms "Drugstore or pharmacy", "Office,
22 medical or dental", and "Office, business or professional" and readopting same as
23 revised, proving that each of which shall be placed in alphabetical order in the list of
24 definitions; providing that "Drugstore or pharmacy", "Office, medical or dental", and
25 "Office, business or professional" shall hereafter be defined and read as follows:
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Drugstore or pharmacy, general means a retail store which sells or dispenses
drugs, including "controlled substances" as defined in Chapter 893, Florida Statutes,
pharmaceuticals, medical supplies, items for personal hygiene, and a wide variety of
convenience or consumer goods such as beverages, pre-packaged foods, books and
magazines, beauty products, tobacco products, and alcoholic beverages.
Office, medical or dental means a„ °c�ohlichmori+ faCj�jty ���r,nn n�+,o�+�
, , ,
, , , , ,
, , ,
e��le�i�a providinq health care services to the public by physicians, dentists,
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 medical or dental profession in the
State of Florida, as well as others, including, but not limited to, technicians and
assistants who are acting under the supervision and control of a licensed health care
practitioner.
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Ordinance 5, 2010
1 Office, business or professional means an establishment providing executive,
2 management, and professional services to the public, including1 but not limited tol the
3 following: advertising services, business offices of private companies, business offices
4 of utility companies, public or nonprofit agencies, trade associations, and employment
5 offices; excluding day labor and labor pool services; professional or consulting offices
6 for accounting, architecture, computer technology, design, engineering, landscape
7 architecture, law, urban planning, and similar professions; property and financial
8 management, real estate; secretarial and telecommunication services; and travel
9 agencies. This definition does not include offices for the treatment of animals on the
10 premises nor does it include Medical or Dental Offices.
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SECTION 3. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 4. 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 of this Ordinance.
SECTION 5. Specific authority is hereby given to codify this Ordinance
SECTION 6. This Ordinance shall become effective immediately upon adoption.
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C!
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PASSED this 4t" day of February, 2010, upon first reading.
PASSED AND ADOPTED this
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Jody Barnett, Councilmember
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
'�:�'ii
R. Max Lohman, City Attorney
day of
Ordinance 5, 2010
2010, upon second
FOR AGAINST ABSENT
G:\attorney_share\ORDINANCES\2010\Ordinance 5 2010 - Pain Clinics-Chapter 78.doc
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