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HomeMy WebLinkAboutP&Z Agenda Pkt. 8-24-2011,-IF/ %"L- t %-I %./ I X L l L- I %. 1 00101 a IRM, NEW BUSINESS: e-1 0 k,ity of Cape Canaveral Community Development Department AING & ZONING BOARD MEETING CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE AUGUST 24, 2�01 1 7:00 P.W. 1. Approval of Meeting Minutes: May 25, 2011. 2. Recommendation to City Council Re: Proposed Ordinance No. 06-2011 Relating to Pain Management Clinics. OPEN DISCUSSION: WI 101111[91111:14 lo Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does, not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. 7510 N, Atlantic Avenue Post Office Box 326 - Cape Canaveral, FL, 32920-0326 Building & Code Enforcement: (321) 868-1222 a Planning & Development (321) 868-1206 - Fax & Inspection: (321) 868-1247 www.cityofcapec.inaveral.org, - eniail: ccapecan.weralM.mcorn PLANNING & ZONING BOARD MEETING MINUTES MAY 25, 2011 A Regular Meeting of the Planning & Zoning Board was held on May 25, 2011, at the City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Bea McNeely John Fredrickson Donald Dunn Ron Friedman MEMBERS ABSENT Harry Pearson OTHERS PRESENT Chairperson Vice Chairperson 15` Alternate Susan Chapman Secretary Kate Latorre Assistant City Attorney Barry Brown Planning & Development Director OLD BUSINESS 1. Recommendation to City Council Re: Site Plan for Casa Canaveral Assisted Living Facility — (700 W. Central Blvd.) — Danny P. Ringdahl, Puerto Del Rio LLC, Applicant. Barry Brown, Planning & Development Director, informed the Board members that this is a 288 bed facility, and approximately a $25 million dollar investment which will create approximately 150+ jobs, and have an enormous economic impact for the City. He added that the City is very excited to have this opportunity. He reminded the Board that at the last meeting several questions were raised by Board member Ron Friedman regarding the site plan; and the Board postponed the recommendation in order to allow for resolution of certain site plan issues expressed at that meeting. He announced that Ron Friedman emailed additional comments to City Staff subsequent to the last meeting. He pointed out that the report contained in the Board packet addressed staff's response to Ron Friedman's questions and comments from the last meeting. The Board members reviewed the report. Barry Brown advised that he would respond to Ron Friedman's emailed comments individually. The Board members reviewed a copy of the email sent to City Staff by Ron Friedman. Andy Kirbach, P.E., Project Engineer, answered various questions regarding the site plan. He advised that the existing drainage pond has a valid permit issued from St. Johns Water Management District (SJRWMD). He noted that the pond serves storm water runoff for the Puerto Del Rio Phase III project as well as Casa Canaveral Condominiums. He explained that Planning & Zoning Board Meeting Minutes May 25, 2011 Page 2 of 7 storm water from Residence Inn bypasses the pond to the outfall, which eventually travels to the initial phases of Puerto Del Rio Condominiums, which. also has a valid permit from SJRWMD. Ron Friedman read the questions contained in his email that he sent to Barry Brown. He read the City code definition of a "setback" and voiced his opinion that it did not matter that staff consistently ignored the Code or was lax in reviewing projects in the past. He questioned that if parking in setbacks has been a problem for over 30 yrs. then there should have been a change to the Code years ago. He further questioned how staff knows the intent of the Code at the time it was adopted if the Staff was not working for the City at that time. He noted that the dumpster station is still located in the setback contrary to the existing City code setback definition. Barry Brown answered that Staff is not aware of the City's original intent of the definition for setbacks when the City code was drafted. What the Staff does know is that it has been consistently interpreted to allow for parking within the building setbacks for at least 30 yrs. He advised that the next item on the agenda is a proposed ordinance to revise the Code to read as it has been interpreted over decades. He read the definition of a setback. He interpreted the definition to mean that buildings cannot be located within the building setback; and explained that in the past it was always clearly interpreted that landscaping in setbacks was not required in areas replaced by parking spaces, drive aisles, or dumpster areas. Ron Friedman asked for the City Attorney's opinion regarding whether or not dumpsters are allowed within the setback, based on the Code's definition? Kate Latorre, Assistant City Attorney, answered that as the current Code reads it does not specifically allow for dumpsters to be located within a setback and that is why the City is proposing amending the Code. Ron Friedman advised that he did not see any need to cut the median back. He voiced his opinion that if the access drive remains as it is proposed people coming out of the driveway will be just slightly to the east of the people coming out of Bayside on the other side, because there is not a jog in their travel as was indicated in the City's Transportation Consultant's letter. He noted that there is more than enough room for the people exiting Casa Canaveral to clear the median without any problem; and if the median is cut as proposed a large Palm Tree with a 15 dbh and a bunch of smaller shrubs will be removed. Andy Kirbach explained that even though there was adequate room to safely make the corner without modifying the median they revised the original site plan based on the Board's discussion, concerns and directions at the last meeting. Discussion followed regarding same. Barry Brown announced that the City will be preparing a Streetscape Plan and Danny Ringdahl will be participating 50150 with the City in appropriations for that plan. He explained that if the Plan identifies that the nose of the median needs to be altered then it can be done when improvements are being made to the street. He stated that he was comfortable with leaving the median as it is currently constructed with the understanding that if it needs to be revised it can be done as part of the streetscape and roadway improvements on Central Blvd. Ron Friedman advised that Barry Brown's response to his email stated that the applicant did not have to provide a buffer as required by Code, because the adjacent hotel has already provided one. He read the Code section to the Board members. He commented that the Code did not state that the applicant did not have to provide a buffer if one has already been provided by the adjoining property. He announced that he was pleased to see that the proposed buffer along the boundary of Jungle Village (Traxx) was revised to meet the Code criteria in terms of height, Planning & Zoning Board Meeting Minutes May 25, 2011 Page 3 of 7 instead of the low -line bushes that were shown on the original site plan. Barry Brown informed the Board that he interprets that Code section differently than Ron Friedman. He advised that it is his interpretation that there needs to be a buffer between a commercial area and a residential area and the first to develop has to install that buffer. He further advised that the existing commercial properties where the hotels are located have done just that. Therefore, the requirements of the code have been met. He pointed out that the only boundary where there is not a buffer is Jungle Village, and that is why this project will be providing one. Ron Friedman asked what would be wrong with having a double buffer. Barry Brown read the section of the Code which states that: "A visual screen shall be provided." He pointed -out that the required buffer has already been provided by the hotels adjacent to this property. Ron Friedman disagreed with his interpretation. Ron Friedman voiced his opinion that the loading areas shown on the site plan were adequate for the ALF. However, the Board of Adjustment or the City Attorney should be making significant interpretations of the Code, not Staff. He was confident that if a Variance is applied for that it would be granted. Barry Brown disagreed. He responded that it is an area for Staff s interpretation as it is considered minor in his opinion. He agreed that the project is providing ample loading areas, especially compared to what has been done on other projects in the area. He noted that loading areas is on Staffs list of Code revisions, because the Code needed to be clarified. Chairperson Russell commented that the City Code was written so to allow leeway for interpretation. Ron Friedman advised that exterior building lengths and lighting plan are not shown on the site plan. Barry Brown replied that the Code does not require a lighting plan, and overspill lighting is addressed in the Code and enforced by Code Enforcement. Ron Friedman asked how it could be determined whether or not there was sufficient or spillover lighting without a lighting plan. Barry Brown responded that he appreciated his concern, but the code is written so that adjustments, if needed, can be made after the project is completed. Ron Friedman voiced his opinion that the placements of the stop signs and stop bars where the driveways make the 90 degree turn by the building do not eliminate a serious safety condition, and if they did the City would have no need to require a visibility triangle at street intersections. He noted that the City Code even prohibits trees that obstruct visibility at street intersections. He commented that in isolated or low volume areas people tend to roll through a stop sign. He advised that if a driver stops at a stop bar while traveling towards the rear parking lot they can't see through the building. Therefore, in order to see if there is any oncoming traffic the driver must pull out into the lane by at least six feet. Even with a fifteen ft. radius a driver cannot help but pullout into the opposing lane. He inquired if the fire trucks can make the turn especially with the ladder engine. Andy Kirbach responded that following the Board's last meeting, they changed the radius to a fifteen ft. radius, and added a stop condition at the intersection to eliminate any possibility from drivers rolling the corner because now they have to stop. He explained that sight distance is typical for when you have a full intersection that one is going to drive through, that way the driver can see vehicles in the opposing lanes. However, the ALF is going to have a stop condition, even though in their opinion they do not have a safety condition. Planning & Zoning Board Meeting Minutes May 25, 2011 Page 4of7 Ron Friedman voiced his opinion of another safety concern that the two ft. shoulder located between the sidewalks and the slopes along the pond did not meet the Code. He recommended that the area between the sidewalk and the pond have a vegetative barrier. Andy Kirbach replied that the pond existed and was permitted by the City. He noted that Stottler Stagg & Associates, before they became the City Engineers, had drawn the original plan for the pond. He informed the Board that the sidewalk was not required by Code. He noted that the idea of the sidewalk feature was to provide the residents of Puerto Del Rio and the ALF an area where they could get away from street traffic by walking along a nature trail beside a pond. However, due to the Board's concern about the safety of the slope the developer has decided to eliminate the sidewalk. Ron Friedman advised that the row of parking spaces along the westerly side of the rear parking lot do not provide the 200 sq. ft. area required by Code. He explained that according to the existing Code parking is not permitted in any landscape buffer. He noted that the site plan shows that the parking spaces are 10 X 18 (180 sq. ft.), and the code requires parking spaces to be 10 X 20 (200 sq. ft.). Andy Kirback explained that they were trying to accommodate the long and narrow site for the ALF and get the parking spaces as close to the building as possible, and also provide a sidewalk for pedestrians for recreational purposes. However, because of the Board's concern regarding the slope of the pond, the sidewalk will be eliminated and the parking spaces lengthened to meet the requirement of the Code. Ron Friedman advised that the Code requires that parking areas of eleven or more spaces shall have at least one five -point tree for every five spaces or fraction thereof. He advised that there are no trees within the interior parking lot between the building and W. Central Blvd. Barry Brown replied that the applicant has provided more landscaping and more trees than required by Code. More specifically, the plantings provided along the perimeter serve as the buffer to the parking lot, four trees are provided directly around the parking lot area, and an additional tree can be moved from somewhere else so that five trees are provided adjacent to the parking lot area. Also, as part of the Streetscape Plan there will be additional plantings in the right of way, and a pedway, street furniture, and other amenities. Ron Friedman rebutted that there may be trees around the area and the perimeter, but they are not within the parking lot as required by Code. Barry Brown disagreed and reiterated that the applicant has provided more landscaping and more trees than required by Code. He added that there are also trees located around the perimeter and the parking lot area. He explained that when the developer begins his plantings the City will work with him to make sure that the City is getting the best visual appeal out of the planting materials that are required. Ron Friedman retorted that the Code should be followed literally. He voiced his opinion that any changes to the Code should not be handled by Staff, but rather one of the City Boards, whether appointed or elected. Bea McNeely asked if the City has adequate reuse water to support the elaborate landscape. Andy Kirbach answered that City Public Works staff has verified that there is reuse water available; however, if there is ever an issue with the availability they have other provisions available, including water from the storm water pond. There being no further comments from the Board members, Chairperson Russell asked for public comment. Resident, Susie Carter advised that the residents of Bayside have problems getting reclaimed water and she hoped that this project will assist with the availability of water to the Planning & Zoning Board Meeting Minutes May 25, 2011 Page 5 of 7 Bayside property. She commented that if the City has codes that are over 30 yrs. old perhaps someone should start revising or updating them before a developer comes in. Barry Brown clarified that no one on Staff was aware of the provision of Code Section 110-538 that did not allow for parking in setbacks. He explained that it was addressed when Staff became aware of the provision. Chairperson Russell stated that the Code has not been a problem for over 30 yrs., it's been the interpretation. He explained that the zoning code was purposely written with safety valves to allow for leeway so that Staff can make interpretations; the Code also has a formal appeal process; parking has been the worst problem the City has ever dealt with; the Code does have inconsistencies; in the past, the Code has been revised every 10 yrs., with reviews and revisions in the interim as needed. He advised that zoning is not exact, it is constantly changing and evolving, and it gives the City a framework to control the growth and keep chaos from developing. Resident Greg Tangelos voiced his concern regarding traffic flow from the 700 block to the 800 block of West Central Blvd. Chairperson Russell suggested he speak with Barry Brown regarding possible additional signage. Chairperson Russell asked if the Fire Department reviewed the site plan. Barry Brown answered that they had reviewed each resubmittal, they have been aware of the sharp turn located at the end of the parking lot, and Assistant Fire Chief John Cunningham has informed Staff that both the proposed ALF and the Puerto Del Rio Condominiums in Phase 3A & 3B have the appropriate emergency access. Brief discussion was held regarding forming a motion for recommendation of the site plan to City Council. Assistant City Attorney, Kate Latorre advised that even though the ordinance is being brought forward to remedy the problem of parking in the setbacks the motion should include a condition pending the adoption of proposed Ordinance 04-2011, because if for any reason the City Council does not adopt the Ordinance then the site plan will need to be modified to be compliant with the existing code provision which does not allow parking areas within the setbacks. Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of the Casa Canaveral Site Plan with the following conditions: 1. Adoption of Ordinance 04-2011, allowing parking within setbacks. 2. Remove the sidewalk located in the parking area along the lake. 3. Extend the parking spaces longer to meet the requirements of the City Code. (200 sq. ft.). 4. Make no modification to the median located on West Central Blvd. Vote on the motion carried by a majority vote of (4) to (1) in favor of the motion, with members voting as follows: Donald Dunn, for; John Fredrickson, for; Ron Friedman, against; Bea McNeely, for; and Lamar Russell, for. Planning & Zoning Board Meeting Minutes May 25, 2011 Page 6 of 7 Ron Friedman stated for the record that he voted against recommending approval primarily due to the poor intersection design and safety concerns at the corner of the building and the roadway. NEW BUSINESS 1. Approval of Meeting Minutes: May 4, 2011. Motion by Bea McNeely, seconded by Donald Dunn, to approve the Meeting Minutes of May 4, 2011. Motion carried unanimously. 2. Recommendation to City Council Re: Proposed Ordinance Amending Sections 110-1, 492 & 538 to Allow for the Provision of Parking Spaces within Setbacks. Barry Brown, Planning & Development Director, advised that the purpose of this Ordinance is to clarify the Code to allow parking, access drives & aisles, and dumpster areas within the building setbacks. He noted that this clarification will bring the Code consistent with the way it has been interpreted for at least three decades. The Board members reviewed the proposed Ordinance. Barry Brown read and explained the proposed changes. Chairperson Russell encouraged the Board to move forward with the recommendation to approve the Ordinance, even though they may have to come back and fine-tune the Code for landscaping and greenery in certain setbacks at a later date. He explained that when this Code was originally enacted it was written mainly for residential R-1 & R-2 areas to have the side setbacks landscaped and maintained. Brief discussion followed. Ron Friedman advised that he was looking at the broader view. He voiced his opinion that the revisions to the Code are appropriate. He explained that the City and its residents spent a lot of time, effort and money on the Visioning process trying to make the City more aesthetically pleasing and appealing. The proposed Code change would permit adjacent properties that are back to back to each other to have parking lots and driveways without any buffering between them whatsoever; and the City could end up with parcels next to each other with one contiguous slab of asphalt with no break-up. Chairperson Russell suggested that the Board members Google the word "overlay". He explained that when an overlay is placed over an existing zoning the City is going to change a lot of things that are not currently allowed by Code. Barry Brown advised that the City is in the process of preparing two and eventually three overlay districts. He advised that one of the overlay districts will be located on the West side of AlA on the North side of the City which will be the City's hospitality district and will include landscaping requirements. Another overlay district will be located at the Sheldon Cove project and landscaping will also be addressed. Eventually, the City will also establish a town center overlay district. He reiterated that the proposed Ordinance before the Board for consideration this evening is to clarify the Code the way it has been interpreted for over 30 years. He advised that the Board will come back in the near future to consider revising the Code regarding landscape buffering and possibly parking setbacks. Planning & Zoning Board Meeting Minutes May 25, 2011 Page 7of7 Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of proposed Ordinance No. 04-11 to City Council, as presented. Vote on the motion carried by a majority vote of (4) to (1) in favor of the motion, with members voting as follows: Donald Dunn, for; John Fredrickson, for; Ron Friedman, against; Bea McNeely, for; and Lamar Russell, for. OPEN DISCUSSION No open discussion was held. Motion by Donald Dunn, seconded by Lamar Russell, to adjourn the meeting at 8:10 p.m. Approved on this day of , 2011. Lamar Russell, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral Planning and Zoning Board August 19, 2011 STAFF REPORT TO: Planning and Zoning Board Members FROM: Todd Morley, Building Oficial 400�� VIA: Barry Brown, Planning and Development Director RE: Proposed Ordinance 06 -2011, Land Development Code Text Amendment to Chapter 110-1, Chapter 110, Art. VII Districts and Chapter 110, Art IX Supplementary District Regulations regarding Regulating of Pain Management Clinics DATE: August 19, 2011 A. Summary/Background Over the course of the past several months, the City Council has been made aware by local and national news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in South Florida which dispense on-site narcotic drugs. Staff was directed to create an Ordinance. It was subsequently discovered that Brevard County placed a County -wide moratorium on the location of new pain management facilities and was seeking to adopt a County -wide ordinance, and so City action on pain management clinics was put on hold. The moratorium is nearing its termination, although it may be extended. Therefore, the City posted a Notice of Pending Ordinance and is proceeding on an Ordinance Regulating Pain Management Clinics. The Ordinance requires Planning and Zoning Board review and recommendation prior to two advertised public hearings before the City Council, since the ordinance deals with allowable uses in zoning districts. B. Staff Review and Recommendation: Staff recommends approval of the Ordinance, requiring that Pain Management Clinics may be permitted only as a special exception in the C 1 and C2 zoning districts. The Brevard County Sheriffs Department also supports the Ordinance. 11 DRAFT— August 19, 2011 ORDINANCE NO. b6-2011 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES RELATED TO PAIN MANAGEMENT CLINICS; PROVIDING THAT PAIN MANAGEMENT CLINICS MAY BE PERMITTED AS SPECIAL EXCEPTIONS IN THE C-1 AND C-2 ZONING DISTRICTS; AMENDING DEFINITIONS; PROVIDING FOR SUPPLEMENTAL DISTRICT REGULATIONS APPLICABLE TO PAIN MANAGEMENT CLINICS; PROVIDING PAIN MANAGEMENT CLINIC SPECIAL EXCEPTION REVOCATION PROCEDURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, over the course of the past several months, the City Council has been made aware by local and national news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in South Florida which dispense on-site narcotic drugs; and WHEREAS, many local governments in South Florida have adopted ordinances to regulate these pain management clinics; and WHEREAS, given the adoption of these ordinances and because of the lax enforcement of these clines until recently, published news reports describe a "pipeline" of drugs being trafficked from South Florida pain management clinics north to other areas of Florida and to other states; and WHEREAS, the threat of increased crime associated with these pain management clinics is significant; and WHEREAS, the secondary effects of pain management clinics, including increased traffic, recurring parking problems, large percentages of out-of-state patrons, and increased and disproportionate demands on law enforcement, far outweigh the benefits of such businesses in the City, and could undermine the City's current redevelopment efforts; and WHEREAS, the State of Florida has attempted, in section 458.3265, Florida Statutes, to deter such illegal drug use, distribution, and ancillary activities by the creation of a secure and City of Cape Canaveral Ordinance No. _-2011 Page 1 of 11 DRAFT— August 19, 2011 privacy -protected, statewide electronic system of monitoring prescription drug medication information, and to encourage safer controlled substance prescription decisions and reduce the number of prescription drug overdoses, deaths, and related crimes; and WHEREAS, it is the intent of this ordinance not to interfere with legitimate medical clinics or the legal use of controlled substances, and rather to regulate the location of dispensing of narcotic drugs on site at pain management clinics, as defined herein, to the extent permitted by law; and WHEREAS, in the absence of regulations identifying where narcotic drugs may be dispensed, the City's residents, visitors, and businesses are more vulnerable to criminal activities, despite the provision of law enforcement services; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Cynic nonmalignant pain means pain unrelated to cancer or rheumatoid arthritis, which City of Cape Canaveral Ordinance No. _-2011 Page 2 of 11 DRAFT— August 19, 2011 persists beyond the usual course of disease or the injury that is the cause of the pain, or more than 90 days after surgery. Medical or dental Clinic means a building where patients, who are not lodged overnight, are admitted for examination and treatment by one person or group of persons practicing any form of the healing arts services to individuals, whether such persons are medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any similar profession, the practice of which is licensed in the state. The term does not include a place for the treatment of animals and does not include pain management clinics. Pain management clinic means a publicly or privately owned facility that advertises in any medium for any type of pain -management services; or where in any month, a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain. Registration with the Florida Department of Health pursuant to sections 458.3265 or 459.0137, Florida Statutes, shall be prima facia evidence of operating as a pain management clinic. Expressly exempted from this definition are hospitals, nursing homes, ambulatory surgical care centers, hospice or intermediate care facilities for the disabled, or clinics which are affiliated with an accredited medical school at which training is provided for medical students, residents or fellows. ARTICLE VII. DISTRICTS DIVISION V. C-1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110-332. Principal uses and structure. In the C-1 low density commercial district, the following uses and structures are permitted: (3) Professional offices, studios, medical or dental clinics, laboratories, general offices, business schools and similar uses. City of Cape Canaveral Ordinance -No. _-2011 Page 3 of I 1 DRAFT— August 19, 2011 (6) Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals, medical or dental clinics, mortuaries, funeral homes, government offices, schools, churches and similar uses. Sec. 110-334. Special exceptions permissible by board of adjustment. ( c) Special exceptions may be permitted for the following: (17) Pain management clinics, subiect to the requirements of section 110-489 of this Code. DIVISION VI. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT MM, Sec. 110-352. Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter: (1) General offices, studios, medical and dental clinics, laboratories, data processing and similar uses. DIVISION VIII. C-2 COMMERCIAL/MANUFACTURING DISTRICT City of Cape Canaveral Ordinance No. _-2011 Page 4 of I 1 DRAFT— August 19, 2011 Sec. 110-381. Principal uses and structures. In the C-2 commercial/manufacturing district, the following uses and structures are permitted: (4) Professional offices, studios, medical and dental clinics, laboratories, general offices, business schools, data processing and similar uses. (8) Noncommercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities; hospitals; medical and dental clinics; mortuaries and funeral homes (excluding crematories); government offices; schools; adult and youth centers; churches; reading rooms and similar uses. Sec. 110-383. Special exceptions permissible by the board of adjustment. ( c) Special exceptions may be permitted for the following: (14) Pain management clinics, subject to the requirements of section 110-489 of this Code. ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 110489. Pain management clinic regulations. Pain management clinics may only be permitted by special exception in the C-1 and C-2 zoning districts, subject to the general conditions for special exceptions and subject to the following City of Cape Canaveral Ordinance No. _-2011 Page 5 of 11 DRAFT— August 19, 2011 requirements: (a) Pain management clinics must be registered with the State of Florida as required by Florida law. Proof of registration, application for registration, or letter of exemption must be provided with the special exception application for the pain management clinic. (b) Each Pain management clinic shall be operated by a medical director who is a Florida -licensed physician, board-certified in pain medicine, and who shall be responsible for complying with all requirements related to registration and operation of the clinic. The designated physician must have a full, active, and unencumbered license under Chapter 458 or 459, Florida Statutes, and shall practice at the clinic location for which the physician has assumed responsibility. Within ten (10) days after termination or absence of the medical director, the clinic must notify the City of the identity of another medical director for the clinic. ( c) There shall be no less than one-half ('/2) mile distance between each pain management clinic regardless of the municipal boundaries of the City. (d) No pain management clinic shall be permitted to locate within 1,000 feet of any public or private school or daycare facility. (e) Pain management clinics shall only be permitted to operate between the hours of 9:00 AM and 7:00 PM, Monday throughy, and 9:00 AM to 5:00 PM on Saturday. (f) There shall be no outdoor seating areas, queues, or customer waiting areas. All activities of the pain management clinic, including sales, display, preparations and storage, shall be conducted entirely within an enclosed building. (g) Limiting payment for goods or services to cash only is prohibited. (h) Pain management clinics shall be required to submit to the Brevard County Sheriff's Office a daily summary containing the following information from the prior business day: (1) The total number of prescriptions written that day, (2) The total number of doses of drugs sold and/or dispensed by the pain management clinic that day (including samples), specifying how many doses were sold or dispensed, the person prescribingor dispensing same; and the manner of 12ayMent by each person who was disl2ensed drugs at the clinic that da • and (3) The state of residence of each person to whom drugs were prescribed or dispensed that day. City of Cape Canaveral Ordinance No. _-2011 Page 6 of 11 DRAFT— August 19, 2011 (i) A pain management clinic shall not be permitted as a home occupation. 0) No pain management clinic shall be wholly or partially owned by, or have any contractual relationship (whether as a principal, partner, officer, member, managing member, employee, independent contractor, or otherwise) with anyphysician, pharmacist, or any other person who prescribes drugs and who, within five (5) years prior to the receipt of any application for special exception, (i) has been suspended, had his or her license revoked, or been subiect to disciplinary action for prescribing, dispensing, administering, providing, supplying, or selling any controlled substance in violation of any, state, federal, or similar law where such person is licensed to practice; ii) has been convicted of, pled nolo contendere to or violated any plea agreement regarding an arrest for, a violation of any state, federal, or similar law where such person is licensed to practice related to drugs or alcohol, specifically including but not limited to, prescribing, dispensing, administering, providing, supplying, or selling any controlled substance, (iii) has been suspended, had his or her license revoked, or been subiect to disciplinary action by any state, federal, or other governmental entity where such person is licensed to practice; (iv) has had any state, federal, or other governmental entity where such person is licensed to practice take any action against such person's license as a result of dependency on drugs or alcohol, or (v) has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, an, fy elony or crime involving moral turpitude. (k) No pain management clinic shall be wholly or partially owned by, or have as a principal, partner, officer, member, managing member, or otherwise where the owner is an enti1y, any person who (P has been convicted Of,pled nolo contendere to, or violated any plea agreement regarding an arrest for, a violation of any state, federal, or similar law related to drugs or alcohol, or (ii) has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, any felony or crime involving moral turpitude. (1) No pain management clinic shall employ any person, as an independent contractor or otherwise, who (i) has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, a violation of any state, federal, or similar law related to drugs or alcohol, specifically including but not limited to, prescribing, dispensing, administering_ providing, supplying or selling_any controlled substance; or (ii) has been convicted of, pled nolo contendere to, or violated any plea agreement regarding _ an arrest for, anfav or crime involving moral turpitude within the five (5) years preceding the application for special exception. (m) The pain management clinic shall at all times be subject to the requirements of all applicable federal, state, county and local laws and ordinances, as they may be amended from time to time. City of Cape Canaveral Ordinance No. _-2011 Page 7 of 11 DRAFT— August 19, 2011 (n) Additional application information. An applicant seeking a special exception for a pain management clinic shall, in addition to the general application information required for special exceptions, provide the following: (1) The pain management clinic's registration number issued by the Florida Department of Health, as required by Florida law. (2) Name of the medical director, as required herein, responsible for complying with all requirements related to operation of the pain management clinic and the medical director's DrugL Enforcement Agency number. (3) A list of all persons associated with the management or operation of the pain management clinic, whether paid or unpaid, part-time or full-time, including all contract labor and independent contractors. This list shall include, but not be limited to, all owners, operators, employees and volunteers. For persons listed, the following additional information must be provided: (A) Person's title, current home address, telephone number and date of birth; (B) List of all criminal convictions whether misdemeanor or felony; that are drug related; ( C A copy of a current Florida driver's license or government issued photo identification; and (D) A set of fingerprints. (4) If the property owner is different from the owner of the pain mana eg ment clinic. the applicant shall provide the name, address. telephone number and a copes of a Florida driver's license or government issued photo identification of the property owner along with the application. (5) An inventory of diagnostic equipment to be located at the clinic; (6) A natural disaster management plan; (7) A floor plan showing the location and nature of adequate security measures, including those required by the State of Florida for controlled substances, to safeeuard all drugs to be dispensed in the course of its business. () An affidavit of the medical director, signed under oath, attesting_ City of Cape Canaveral Ordinance No. _-2011 Page 8 of 11 DRAFT— August 19, 2011 (A) That their practice is located at the subject pain management clinic; (B) That no employees of the facility have been convicted of a drug- related felony within the five (5) years preceding the application for special exception; (C) That the pain management clinic will not knowingly employ any such convicted felons thereafter; and (D) That the medical director shall be required to inform the City within ten (10) days should the medical director be terminated or otherwise leave the affiliation of the pain management clinic as medical director. The medical director shall be required to keep all application information updated with the City at all times, even after issuance of a special exception. The medical director shall notify the City of any change to the information within ten (10) days�new person becoming associated with the pain management clinic or any other change to the application information required herein. Failure to properly maintain updated information with the City shall be grounds for revocation of the pain management clinic special exception. (p) Any special exception granted for a pain management clinic may be temuorarily suspended or absolutely revoked by majority vote of the board of adjustment at a public hearing, when the board of adjustment has determined by competent substantial evidence that either: (1) The pain management clinic bas obtained the special exception upon false statements, fraud, deceit, misleading statements, or suppression of material facts; (2) The pain management clinic has committed substantial violations of the terms and conditions on which the special exception was granted; (3) The pain management clinic no longer meets the requirements of this section or other applicable law, or (4) The medical director or any other employee of the pain management clinic knowingly allowed illegal activities to be conducted on the premises. Prior to any special exception being revoked, the pain management clinic shall be provided with minimum due process including notice of the grounds for revocation and hearing date an opportunity to be heard, the right to present evidence, and the right to cross-examine adverse witnesses. City of Cape Canaveral Ordinance No. _-2011 Page 9 of 11 DRAFT— August 19, 2011 Secs. H0489,110-490: Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section S. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2011. ATTEST: Rocky Randels, Mayor Bob Hoog ANGELA APPERSON, City Clerk Jim Morgan First Legal Ad published: First Reading: Second Legal Ad published: Second Reading: Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. _-2011 Page 10 of 11 For Against DRAFT-- August 19, 2011 Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. _-2011 Page 11 of 11 Nam Among the to 50 dispensing practitioners in the U.S., 49 are in Florida and are concentrated in nine counties, ranked by Oxycodone unnits dispensed: County Units 1. Broward 5.2 million 2. Palm Beach 2.4 million 3. Miami -Dade 646,5010 4, Pinellas 192,400 5. Hillsborough 184,330 6. La ke 169,20'O T Seminole 16,4,686 0 n , 0 11 a I C1 I I!j t;-' 1�Q,QVV SOURCE United yr of row rd COU11ty D'nd U.S. Drug Enfor(ernert, 9. Lee 108,600 Admini5tration ROB MAC KIStaff graphic,