HISTORY

On February 8, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the item to the Land Use and Development Committee (Item C4K).  On February 15, 2017, the Land Use and Development Committee discussed the item and continued it to March 8, 2017.  On March 8, 2017, the Land Use and Development Committee discussed the item and continued it to the April 19, 2017 meeting.  

On April 26, 2017, the City Commission referred the item to the Health Advisory Committee for discussion and recommendation (Item C4E). On May 15, 2017, the Health Advisory Committee discussed the item and recommended that it have a workshop to review the proposal in further detail prior to making a recommendation.  The HAC has scheduled a follow up workshop meeting for June 19, 2017.

On April 19, 2017 the Land Use Committee discussed the item and continued it to May 17, 2017. On May 17, 2017 and update was provided to the Land Use Committee and the item was continued to the June 14, 2017 meeting.

On June 14, 2017, the Land Use Committee recommended that the City Commission refer the draft Ordinance to the Planning Board.  The Committee also continued discussion on the item to the July 5, 2017 Land Use Committee meeting.

BACKGROUND

The City Commission has approved a temporary moratorium on the issuance of any land development permits, business tax receipts or any other license or permit for the establishment or operation of adult congregate living facilities (ACLF).  In addition to ACLF’s, the proposed moratorium would apply to assisted living facilities, crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses. 

Currently, the City Code is in need of updating definitions and regulations for crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers.  Additionally, the term adult congregate living facility (ACLF) has become obsolete and, as currently defined in the City Code, needs to be updated to conform to state law.  In addition to replacing the obsolete term ‘ACLF’ with “assisted living facility,” the City Code needs to be revised to include proper licensure requirements and to comply with state law requirements.

PLANNING ANALYSIS

Initial research on state statutes and various municipal codes related to medical uses has been done.  The City of Pompano Beach has been found to have very detailed requirements for such uses in their land development regulations. 

Staff has undertaken a review of medical uses within the City.  The review is utilizing business tax receipt (BTR) information, along with information from various State agencies that are responsible for the regulation of medical uses.  The City currently has 25 BTR classifications for medical uses.  Some medical uses have been identified where it may be beneficial to establish new classifications in order to better account for the variety of medical uses and impacts.

It is the intent of the ordinance to utilize terms that are consistent with the licenses issued by State agencies, including the Florida Agency for Healthcare Administration (AHCA), Florida Department of Health, and the Florida Department of Children and Families.  This will ensure transparency for the zoning requirements for medical uses.

A suitability analysis is also currently being undertaken for various medical uses.  For the purposes of this analysis, medical uses have been categorized by the intensity of their impact and whether or not they allow for overnight stays or permanent residence. Classes one (1) to four (4) would not allow for overnight stays, while classes five (5) to ten (10) would allow for overnight stays or permanent residence.  Generally, all of the uses within a particular class would have a similar impact on the surrounding areas.  The classes are generally as follows:

• Classes one (1) to four (4) would NOT allow for overnight stays:

   

• Class 1 – Medical uses that have an impact similar to, and often incorporate retail uses.  These may include Optician, Pharmacy, Massage Clinic, and Massage Therapist.  These uses are often seen as a small accessory use to large-scale residential and hotel uses as well.  Based on an initial suitability analysis they could be appropriate in up to 20 of the City’s zoning districts.

   

• Class 2 – Medical uses that have an impact similar to offices.  These uses are typically located within office or retail buildings, and typically schedule appointments with patients during standard working hours. These may include Medical Office, Dentist Office, Dietician, Doctor’s office, Homeopathic Physician’s Office, Optometrist, Pathologist, Phlebotomist, Physiotherapist, Podiatrist, Psychiatrist, Sociologist, Social Worker, Therapist, Adult Day Care, Chiropractor’s office.  These uses typically do not generate high amounts of medical waste.  Based on an initial suitability analysis they could be appropriate in up to 14 of the City’s zoning districts.

   

• Class 3 – Medical uses which provide medical care throughout extended working hours, along with diagnostic and laboratory services.  These may involve the generation of high levels of medical waste, and generate higher levels of traffic.  These may include a Medical Lab, Dental Lab, Diagnostics Center, and Urgent Care Centers.  Based on an initial suitability analysis they could be appropriate in up to ten (10) of the City’s zoning districts.

   

• Class 4 – Medical uses which typically dispense pharmaceuticals as part of their treatment plan.  These may involve frequent visits from patients who may require services from the facility on a daily basis.  These may include Limited Mental Health Treatment Facility, Limited Substance Abuse Treatment Facility, and Pain Management Clinics.  Based on an initial suitability analysis they could be appropriate in up to seven (7) of the City’s zoning districts.

   

• Classes five (5) to ten (10) would allow for overnight stays or permanent residence:

   

• Class 5 – A category in which assistance is given to permanent residents with assistance in daily personal activities including but not limited to, bathing, dressing, eating, grooming, and dispensing of medicine.  Such a facility will typically have six (6) or fewer residents.  This includes Community Residential Homes.  Based on an initial suitability analysis they could be appropriate in up to 25 of the City’s zoning districts.

   

• Class 6 – A category in which assistance is given to permanent residents with assistance in daily personal activities including but not limited to, bathing, dressing, eating, grooming, and dispensing of medicine.  Such a facility will typically have 16 or fewer residents.  This includes smaller Assisted Living Facilities (ALF’s). Based on an initial suitability analysis they could be appropriate in up to 23 of the City’s zoning districts.

   

• Class 7 – A category in which assistance is given to permanent residents with assistance in daily personal activities including but not limited to, bathing, dressing, eating, grooming, and dispensing of medicine.  Such a facility will typically have more than 16 residents.  This includes larger ALF’s and nursing home facility.  Based on an initial suitability analysis they could be appropriate in up to 18 of the City’s zoning districts.

   

• Class 8 – A medical uses that provide 24-hour medical supervision and may implement medication management and other medical care for its patients.  However, the patients who do not necessarily pose a physical danger to themselves or others.  They are typically of an institutional nature, though they may contain amenities to improve the quality of life of patients.  This may include Residential Treatment Facility. Based on an initial suitability analysis they could be appropriate in up to four (4) zoning districts.

   

• Class 9 – A medical uses that provide 24-hour medical supervision and may implement medication management for its residents.  However, they treat patients who may pose a physical danger to themselves or others and security is required.  They are typically of an institutional nature, though they may contain amenities to improve the quality of life of patients.  This may include a Specialty Hospital, Psychiatric Treatment Facility, and Substance Abuse Treatment Facilities.  Based on an initial suitability analysis they could be appropriate in up to three (3) zoning districts.

   

• Class 10 – A medical use that treats a full range of medical related issues.  This is the most intense medical use.  Such a facility includes a Hospital.   Based on an initial suitability analysis they could be appropriate in one (1) zoning district.

   

  A review of the active and applied for medical use BTR’s indicates that the City only has Class 1, 2, 3, 6, 7, and 10 facilities.  The following table indicates the number of facilities within each class, and the zoning districts in which they are located.  A map identifying the locations is included at the end of this memorandum.

   

  Medical Use Class Location by Zoning District

   

  

   

   The draft ordinance contains initial proposals for the following:

   

1. The zoning districts for which the different classes of uses should be permitted.

     2. Which uses should be treated as a main permitted use or require Conditional Use approval               from the Planning Board within the various zoning districts. 

    3. Distance separation requirements between and within certain classes of facilities so as to not          create excessive impacts on any particular neighborhood. 

The Administration has retained a medical use consultant, Innova Group, to review the draft ordinance to ensure that the definitions and impacts of the uses are accurately reflected.