Meeting Date: September 23, 2014 Agenda Item 36. Memorandum No. # REQUESTED COMMISSION ACTION: X Ordinance Resolution Consideration/ Discussion

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1 Meeting Date: September 23, 2014 Agenda Item 36 REQUESTED COMMISSION ACTION: Memorandum No. # Consent X Ordinance Resolution Consideration/ Discussion Presentation SHORT TITLE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMP ANO BEACH AMENDING CHAPTER 155, "ZONING CODE," OF THE CITY OF POMP ANO BEACH CODE OF ORDINANCES BY AMENDING SECTION "STANDARDS FOR SPECIFIC ACCESSORY USES AND STRUCTURES" TO PROVIDE DEFINITION, STANDARDS, AND PERMITTED DISTRICTS FOR LIMITED MENTAL HEAL TH TREATMENT FACILITY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. SUMMARY OF PURPOSE AND WHY The proposed text amendment was requested by 555 South Andrews Avenue, LLC, the owner of the property located at 555 South Andrews Avenue. Currently no health care uses (whether principal or accessory) are permitted in any of the Industrial Districts. The proposed text amendment would create a new accessory use called "Limited Mental Health Treatment Facility". This accessory use would be permitted in the 1-1 and OIP Districts on collector streets only. Staff revised the applicant's original request in order to ensure no medication is dispensed on-site and to ensure the use restricts on-site dispensing or writing of prescriptions. Staff also added use standards to ensure the use is incidental and subordinate to a principal use of the same lot. The request was recommended by the Planning and Zoning Board at their August 27, 2014 meeting. The ordinance has also incorporated the suggested changes made by the Planning and Zoning Board. (1) Origin of request for this action: 555 South Andrews Avenue, LLC /Development Services Dept. (2) Primary staff contact: Robin M. Bird/ Karen Friedman ~Bf- Ext (3) Expiration of contract, if applicable: N/A 1 (4) Fiscal impact and source of funding: N/A DEPARTMENTAL DEPARTMENTAL COORDINATION RECOMMENDATION ACTION TAKEN BY COMMISSION: Ordinance Workshop 1st Reading 2na Reading Resolution 1st Reading Results: Consideration Results: G:\Zoning 2009\Miscellaneous Zoning Cases\Code Ammendments by Public\2014\ Rod Feiner\9-23 _ CC\CC Agenda sheet.doc

2 City Attorney's Communication # September 8, 2014 TO: FROM: RE: Karen Friedman, Planner Gordon B. Linn, City Attorney Ordinance Amending Chapter 155, "Zoning Code" As requested in your memorandum dated September 4, 2014, Development Services Memorandum No , the following form of Ordinance, relative to the above-referenced matter, has been prepared and is attached: AN ORDINANCE AMENDING CHAPTER 155, "ZONING CODE," OF THE CODE OF ORDINANCES OF THE CITY OF POMP ANO BEACH, FLORIDA, BY AMENDING SECTION , "STANDARDS FOR SPECIFIC ACCESSORY USES AND STRUCTURES," TO PROVIDE DEFINITION, STANDARDS AND PERMITTED DISTRICTS FOR LIMITED MENTAL HEALTH TREATMENT FACILITY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Please feel free to contact me ifl may be of further assistance. GBL/jrm l :cor/zoning/ Attachment

3 ORDINANCE NO CITY OF POMP ANO BEACH Broward County, Florida AN ORDINANCE AMENDING CHAPTER 155, "ZONING CODE," OF THE CODE OF ORDINANCES OF THE CITY OF POMPANO BEACH, FLORIDA, BY AMENDING SECTION , "STANDARDS FOR SPECIFIC ACCESSORY USES AND STRUCTURES," TO PROVIDE DEFINITION, ST AND ARDS AND PERMITTED DISTRICTS FOR LIMITED MENTAL HEALTH TREATMENT FACILITY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Florida Statutes, Section (3)(c)2, advertisements in accordance with said statute have been published in a newspaper of general paid circulation in the City of Pompano Beach and of general interest and readership in the community, notifying the public of two public hearings on this proposed Ordinance; and WHEREAS, two public hearings have been held pursuant to said published hearings and all persons so desiring had the opportunity to be, and were, in fact, heard; now, therefore, BE IT ENACTED BY THE CITY OF POMPANO BEACH, FLORIDA: SECTION 1. That Section , "Standards for Specific Accessory Uses and Structures," of Chapter 155, "Zoning Code," of the Code of Ordinances of the City of Pompano Beach is hereby amended to read as follows: STANDARDS FOR SPECIFIC ACCESSORY USES AND STRUCTURES RR. LIMITED MENTAL HEAL TH TREATMENT FACILITY 1. Districts Where Permitted

4 ... I... ~1s R:-1 R:-J ~-1 R~r~-1 _R~j ~~l ~~-! R3~1~~-1 ~~l ~21 8~1_8-41 ~- CRI '"'x, 01: IJ T~LPR ~:t P~1: j 8:.. R~U 1 :;ll :D-TO. ~' PD RI Definition A limited mental health treatment facility is an accessory use for the practice of mental health counseling, practice of marriage and family therapy, and/or practice of clinical social work, as defined in Fla. Stat , on an out-patient basis only. This use strictly prohibits the on-site dispensing of both medicinal and nonmedicinal drugs. This use strictly prohibits the written order or prescription for any medicinal and non-medicinal drugs. 3. Standards A limited mental health treatment facility shall comply with the following standards: a. The facility shall be located adjacent to either a collector or arterial roadway, or within 1h mile of a mass-transit stop. b. In accordance with B. l.c., the applicant shall submit a floor plan which clearly demonstrates the aggregate gross floor area of this use is less than 49% of the total gross floor area of the principal use. SECTION 2. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. 2

5 SECTION 3. This Ordinance shall become effective upon passage. PASSEDFIRSTREADINGthis dayof,2014. PASSED SECOND READING this day of, ATTEST: LAMAR FISHER, MAYOR MARYL. CHAMBERS, CITY CLERK GBL/jrm 9/8/14 L:ord/ch155/

6 PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY MEMORANDUM # DATE: September 3, 2014 TO: FROM: City Commission Planning and Zoning Board/Local Planning Agency SUBJECT: Code Amendment Request by Public # At the meeting of the Planning and Zoning Board/Local Planning Agency held on August 27th, 2014, the Board considered Department of Development Services Staff Report PZ#l dated August 25th. This memo stated that the applicant is requesting a Text Amendment in accordance with Zoning Code section , in order that a new use be inserted into the Zoning Code, Section (Institutional: Health Care Uses). The new proposed use is "Limited Medical Counseling". By a 5-1 majority, the dissenting vote cast by Joan Kovac, it was the recommendation of the Board that this Code Amendment request be approved as set forth in the above-referenced communication from Staff, with the exception that the use's gross floor area be limited to 490/o of the tenant space or less of the gross floor area of the principal use and that the use must be located within ~ mile of a public transit stop. JimHee'Son Chairman Planning and Zoning Board/Local Planning Agency mds g:\zoning 2009\miscellaneous zoning cases\i:ode ammeodments by public\2014\ I rod reiner\ ! pz memo code amendment doc

7 pwfllpano ~ii.b> <h... eac.~ Florida's Warmest Well;ome Development Services ADMINISTRATIVE MEMORANDUM NO DATE: TO: VIA: FROM: RE: August 25, 2014 Planning and Zoning Board nj / Robin M. Bird, DeveJoprnent Services Director fjrv. Karen Fried "an,atcp. Ptanner ~ ~.. 11AJ 555 South Andrews Avenue, LLC August27, 2014 Meeting P&Z # The appjicant is requesting a Text Amendment in accordance with Zoning Code , Text Amendment Summary of Request: Th,e appllcant is requesting a new use be inserted Into the Zoning Code, Section 155'4209 (lnstituuonal: Health Care Uses). Th~ proposed use is: '(Limited Medical Counseling." The proposed definition of the use is: "a use Which occurs in conjunction with a professional or adrninisttative office use where social. workers and other non-.doctor providers provide counseling and behavioral treatment in either a group or individual session solely on an outpatient.basis on a parcel of property which is located adjacent to either a collector or arterial roadway and.in whi.ch no prescriptions. are being written ta patients or medieations are being dispensed to patients. Notwithstanding any provision or definition herein, this use shall not be considered a medical or dental clinic or drug and alcohol treatment center." The proposed permitted districts are: B-3. B-4, M-4, 1-1, TO, CF, PCD, PCD-TO. S:\DRC Reviews\DRC 2014\ DRC\SraffRepon_revised.doc

8 STAFF ANALYSIS: Use Definition I Characteristics: The proposed use's definition includes the following use characteristics: Accessory use, in conjunction with a Professional Office Health care professionals would provide mental health treatment Out-patient services only No on-site dispensing of medicinal or non-medicinal drugs or substances No prescriptions for medicinal or non-medicinal drugs or substances Use shall located adjacent to either a collector or arterial roadway Two of the Zoning Code's health care uses, Drug or Al.coho! Treatment Facility and Medical or Dental CHnic, include out-patient treatment similar to that proposed. However, unlike the proposed use, both of these existing uses have no restrictions on on-site dispensing of medication or writing of prescriptions for medicinal or non-medicinal drugs. Permitted Locations: The proposed use's permitted locations are: B-3, B-4, M-4, 1-1, TO, CF, PCD, PCD-TO. Except for 1-1, all of the eight health care uses are permitted, or permitted by Special Exception in almost all of the proposed districts. None of the health care uses are permitted in the Industrial Districts. (see the below table) As mentioned above, the proposed use's definition infers it is an accessory use. The Zoning Code does not have any accessory healthcare uses. Therefore healtf\care uses may be permitted c:1s accessory uses only in compliance with the principal use standards., including permitted districts. Therefore the eight healthcare uses are also not permitted as accessory uses in the Industrial Districts. li~cltcar<! ~Ccllao'l\>B- AN,._,,A~N'> -- -~~- ~ -~""""'.,. - 1.ISOi Drug (I!' a1(l)hol iratment p p s p p p p fa.clllty Haopltll p p s p p p p 11assog., th!!rapy sraliltshmem p p p p p p p p p p p p Miidlcal or dental dlnlc p p p p p p p p p p Medical or dental lab p p p p p p i'uslng hollll! IUIUty p p p p p p p p p p Psychla11ic!t'<!a111tcntfadRty p p p p p p S:\DRC Reviews\DRC DRC\StaffReport_revised.doc 2

9 STAFF RECOMMENDATION Staff recommends the proposed application for text amendment with the following revisions: Use Classification: Accessory Use Use Type: "Limited Mental Health Treatment Facility" Permitted Locations: 1-1 and OIP Definition: A limited mental health treatment facility is an accessory use for the practice of mental health counseling, practice of marriage and family therapy, and/or practice of clinical social work, as defined in Fla. Stat , on an out-patient basis only. This use strictly prohibits the on-site dispensing of both medicinal and non-medicinal drugs. This use strictly prohibits the written order or prescription for any medicinal and non-medicinal drugs. Use Specific Standard: The facility shall be located adjacent to either a collector or arterial roadway. The use's gross floor areas are limited to 20% of the tenant space or less of the gross floor area of the principal use. CONCLUSION By classifying this use as an Accessory Use, Staff's proposed revisions would ensure that this use is incidental and subordinate to a principal use of the same lot. Staff's proposed revisions would only permit this accessory use in the 1-1 and OIP Districts. As mentioned in Staff's Analysis, currently no health care uses (whether principal or accessory) are permitted in the Industrial Districts. Therefore this would be the only health care use permitted in the 1-1 and OIP Districts. Staff's proposed revision to the definition includes defined terms used by Florida State Statutes. Further the restriction on on-site dispensing or writing of prescriptions is clear. Staff's proposed use specific standard reiterates the applicant's request to limit these uses along certain roadways. G:\Zoning 2009\Miscellaneous Zoning CaseslCode Ammendments by Public\ ! Rod Feiner\Statr Repon_revised.doc 3

10 Statutes & Constitution ; View Statutes : Online Sunshine Page 1 of23 Select Year: 2014 \\Jb. *J Title XXXll REGULATION OF PROFESSIONS AND OCCUPATIONS Chapter 491 CLINICAL, COUNSELING, AND PSYCHOTHERAPY SERVICES CHAPTER491 CLINICAL, COUNSELING, AND PSYCHOTHERAPY SERVICES View Entire Chapter Intent Definitions Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling Intern registration; requirements Provisional license; requirements Licensure by examination Dual licensure as a marriage and family therapist Licensure or certification by endorsement Requirement for instruction on HIV and AIDS Renewal of license, registration, or certificate Inactive status; reactivation of licenses; fees Continuing education and laws and rules courses; approval of providers, programs, and courses; proof of completion Discipline Sexual misconduct Sexual misconduct by a psychotherapist; penalties Violations; penalty; injunction Exemptions Practice of hypnosis Practice of sex therapy The practice of juvenile sexual offender therapy Certified master social worker Confidentiality and privileged communications Records Display of license; use of professional title on promotional materials Duties of the department as to certified master social workers Social work; use of title Intent.-The Legislature finds that as society becomes increasingly complex, emotional survival is equal in importance to physical survival. Therefore, in order to preserve the health, safety, and welfare of the public, the Legislature must provide privileged communication for members of the App_ mode=display _ Statute&URL= /25/2014

11 Statutes & Constitution : View Statutes : Online Sunshine Page 3 of23 (b) The use of specific methods, techniques, or modalities within the practice of clinical social work is restricted to clinical social workers appropriately trained in the use of such methods, techniques, or modalities. {c) The terms "diagnose" and "treat," as used in this chapter, when considered in isolation or in conjunction with any provision of the rules of the board, shall not be construed to permit the performance of any act which clinical social workers are not educated and trained to perform, including, but not limited to, admitting persons to hospitals for treatment of the foregoing conditions, treating persons in hospitals without medical supervision, prescribing medicinal drugs as defined in chapter 465, authorizing clinical laboratory procedures pursuant to chapter 483, or radiological procedures, or use of electroconvulsive therapy. In addition, this definition shall not be construed to permit any person licensed, provisionally licensed, registered, or certified pursuant to this chapter to describe or label any test, report, or procedure as "psychological," except to relate specifically to the definition of practice authorized in this subsection. (d) The definition of "clinical social work" contained in this subsection includes all services offered directly to the general public or through organizations, whether public or private, and applies whether payment is requested or received for services rendered. (8) The "practice of marriage and family therapy" is defined as the use of scientific and applied marriage and family theories, methods, and procedures for the purpose of describing, evaluating, and modifying marital, family, and individual behavior, within the context of marital and family systems, including the context of marital formation and dissolution, and is based on marriage and family systems theory, marriage and family development, human development, normal and abnormal behavior, psychopathology, human sexuality, psychotherapeutic and marriage and family therapy theories and techniques. The practice of marriage and family therapy includes methods of a psychological nature used to evaluate, assess, diagnose, treat, and prevent emotional and mental disorders or dysfunctions (whether cognitive, affective, or behavioral), sexual dysfunction, behavioral disorders, alcoholism, and substance abuse. The practice of marriage and family therapy includes, but is not limited to, marriage and family therapy, psychotherapy, including behavioral family therapy, hypnotherapy, and sex therapy. The practice of marriage and family therapy also includes counseling, behavior modification, consultation, client-centered advocacy, crisis intervention, and the provision of needed information and education to clients, when using methods of a psychological nature to evaluate, assess, diagnose, treat, and prevent emotional and mental disorders and dysfunctions {whether cognitive, affective, or behavioral), sexual dysfunction, behavioral disorders, alcoholism, or substance abuse. The practice of marriage and family therapy may also include clinical research into more effective psychotherapeutic modalities for the treatment and prevention of such conditions. (a) Marriage and family therapy may be rendered to individuals, including individuals affected by termination of marriage, to couples, whether married or unmarried, to families, or to groups. (b) The use of specific methods, techniques, or modalities within the practice of marriage and family therapy is restricted to marriage and family therapists appropriately trained in the use of such methods, techniques, or modalities. (c) The terms "diagnose" and "treat," as used in this chapter, when considered in isolation or in conjunction with any provision of the rules of the board, shall not be construed to permit the performance of any act which marriage and family therapists are not educated and trained to perform, including, but not limited to, admitting persons to hospitals for treatment of the foregoing conditions, treating persons in hospitals without medical supervision, prescribing medicinal drugs as defined in chapter 465, authorizing clinical laboratory procedures pursuant to chapter 483, or radiological App_ mode= Display_ Statute&URL= /25/2014

12 App mode= Display Statute&URL= /25/2014 Statutes & Constitution :View Statutes: Online Sunshine Page 4 of23 procedures, or use of electroconvulsive therapy. In addition, this definition shall not be construed to permit any person licensed, provisionally licensed, registered, or certified pursuant to this chapter to describe or label any test, report, or procedure as "psychological," except to relate specifically to the definition of practice authorized in this subsection. (d) The definition of "marriage and family therapy" contained in this subsection includes all services offered directly to the general public or through organizations, whether public or private, and applies whether payment is requested or received for services rendered. (9) The "practice of mental health counseling" is defined as the use of scientific and applied behavioral science theories, methods, and techniques for the purpose of describing, preventing, and treating undesired behavior and enhancing mental health and human development and is based on the person in-situation perspectives derived from research and theory in personality, family, group, and organizational dynamics and development, career planning, cultural diversity, human growth and development, human sexuality, normal and abnormal behavior, psychopathology, psychotherapy, and rehabilitation. The practice of mental health counseling includes methods of a psychological nature used to evaluate, assess, diagnose, and treat emotional and mental dysfunctions or disorders (whether cognitive, affective, or behavioral), behavioral disorders, interpersonal relationships, sexual dysfunction, alcoholism, and substance abuse. The practice of mental health counseling includes, but is not limited to, psychotherapy, hypnotherapy, and sex therapy. The practice of mental health counseling also includes counseling, behavior modification, consultation, client centered advocacy, crisis intervention, and the provision of needed information and education to clients, when using methods of a psychological nature to evaluate, assess, diagnose, treat, and prevent emotional and mental disorders and dysfunctions (whether cognitive, affective, or behavioral), behavioral disorders, sexual dysfunction, alcoholism, or substance abuse. The practice of mental health counseling may also include clinical research into more effective psychotherapeutic modalities for the treatment and prevention of such conditions. (a) Mental health counseling may be rendered to individuals, including individuals affected by the termination of marriage, and to couples, families, groups, organizations, and communities. (b) The use of specific methods, techniques, or modalities within the practice of mental health counseling is restricted to mental health counselors appropriately trained in the use of such methods, techniques, or modalities. (c) The terms "diagnose" and "treat," as used in this chapter, when considered in isolation or in conjunction with any provision of the rules of the board, shall not be construed to permit the performance of any act which mental health counselors are not educated and trained to perform, including, but not limited to, admitting persons to hospitals for treatment of the foregoing conditions, treating persons in hospitals without medical supervision, prescribing medicinal drugs as defined in chapter 465, authorizing clinical laboratory procedures pursuant to chapter 483, or radiological procedures, or use of electroconvulsive therapy. In addition, this definition shall not be construed to permit any person licensed, provisionally licensed, registered, or certified pursuant to this chapter to describe or label any test, report, or procedure as "psychological," except to relate specifically to the definition of practice authorized in this subsection. (d) The definition of "mental health counseling" contained in this subsection includes all services offered directly to the general public or through organizations, whether public or private, and applies whether payment is requested or received for services rendered. (10) "Provisional clinical social worker licensee" means a person provisionally licensed under this chapter to provide clinical social work services under supervision.

13 Statutes & Constitution :View Statutes: Online Sunshine Page 5 of23 (11) "Provisional marriage and family therapist licensee" means a person provisionally licensed under this chapter to provide marriage and family therapy services under supervision. (12) "Provisional mental health counselor licensee" means a person provisionally licensed under this chapter to provide mental health counseling services under supervision. (13) "Psychotherapist" means a clinical social worker, marriage and family therapist, or mental health counselor licensed pursuant to this chapter. (14) "Registered clinical social worker intern" means a person registered under this chapter who is completing the postgraduate clinical social work experience requirement specified ins (1 )(c). (15) "Registered marriage and family therapist intern" means a person registered under this chapter who is completing the post-master's clinical experience requirement specified ins (3)(c). (16) "Registered mental health counselor intern" means a person registered under this chapter who is completing the post-master's clinical experience requirement specified ins (4)(c). (17) "Social worker" means a person who has a bachelor's, master's, or doctoral degree in social work. History.~ss. 15, 19, ch ; s. 10, ch ; ss. 5, 19, 20, ch ; s. 4, ch ; s. 192, ch ; s. 9, ch ; s. 201, ch ; s. 2, ch Counseling. - Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health (1) There is created within the department the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling composed of nine members appointed by the Governor and confirmed by the Senate. {2){a) Six members of the board shall be persons licensed under this chapter as follows: 1. Two members shall be licensed practicing clinical social workers. 2. Two members shall be licensed practicing marriage and family therapists. 3. Two members shall be licensed practicing mental health counselors. (b) Three members shall be citizens of the state who are not and have never been licensed in a mental health related profession and who are in no way connected with the practice of any such profession. (3) No later than January 1, 1988, the Governor shall appoint nine members of the board as follows: (a) (b) (c) Three members for terms of 2 years each. Three members for terms of 3 years each. Three members for terms of 4 years each. (4) As the terms of the initial members expire, the Governor shall appoint successors for terms of 4 years; and those members shall serve until their successors are appointed. (5) The board shall adopt rules pursuant toss (1) and to implement and enforce the provisions of this chapter. (6) All applicable provisions of chapter 456 relating to activities of regulatory boards shall apply to the board. (7) The board shall maintain its official headquarters in the City of Tallahassee. History.-ss. 15, 19, ch ; ss. 19, 20, ch ; s. 4, ch ; s. 193, ch ; s. 152, ch ; s. 163, ch ; s. 212, ch Intern registration; requirements.- (1) Effective January 1, 1998, an individual who intends to practice in Florida to satisfy the postgraduate or post-master's level experience requirements, as specified ins (1)(c), (3)(c), or App_ mode= Display_ Statute&URL= /25/2014

14 pimpano albeach&- Fl.orlita's Warmest Welcome 100 W. Atlantic Blvd Pompano Beach, FL Phone: Fax: 954.7e S"Ss ;::;~Je---...s.4-ve-. STREET ADDRESS ~-'...,,a:-~~ry~~ - r-:r S"'bclivision Rep.-esel'ltative or Agent's interest fn property (0Wner, Lessee, Etc) Has any previous appllcation(s) been filed? City of Pompano Se~ch Departmen~ of oevel?_pme.nt ~eivicesr.w. \U- 0\00000 \ Planning & Zomng Division f'.- : ~ 0 o.._."~ ril~ No A. Text Amendment Application ~lock Lot ' : Zoning District J_ ~I o;c df;,4 ~~../-~. r7 /-::+) 2..~i/ lfyes, give date of hearing and finding _.,_ r I ~.. 1-.,.,.i!~.:J -- lcrod9wnei' Owner ofrecord Business Name if a licable 4 a. ~.. :-"u-; a.j,, A A~. Mallin Phone Number C/s'f - +~~- _5::>~/ Phone Number ~~~--"""-~~~~~~-! Indicate your preferred medium to receive agendas and notifications:.0. Mail ~ Indicate your preferred medium to receive agendas and notifications: _Q Mail "1lf E~Mail G;\Zoning 2009\Forms and documents\website Documents\Plannlng & Zoning\Forms Modified: Page 2 of 3

15 pimpano ml beach. FlorJda'tWarmeslWetcome 100 W. Atlantic Blvd Pompano Beach, FL ~3060 Phone: Fax: Q54; City <>f Porm~anQB.~~c:;h DepartmeotQf.OeVf:llop~f')t Se.rviceJ.> Plantilhg & Zonlng.Oivisicm Text.Amendment Application O.WffEfi~s.Cl!Rmtfiit~tE This is to certify that I am the own~r of the subject lands described in this application and that I have authorized the filing of the aforesaid application. Owner's Name: (Printor Type) Address: Phone: address: swogn All!> ~~ll!ulllm befq!e mo tlws -il!doyqi pl_rr../- NOT IDA, or Type as Comrrii$.$1on~d.) Personally know to me, or [ J Produced Identification: ---.,..,..,.,,_---..,...,.,...._.... _ {Type of ldentitteaflqrt prcil:1uced) G:\Zonfng 2009\Forms and documents\webslte Documents\Plannlng & Zoning\Forms Modified: Page 3 of 3

16 PROPOSED TEXT CHANGE (solely adding text, no deletions) Institutional: Health Care Uses L Limited Medical Counseling..L Districts Where Permitted B-3, B-4, M-4, l-1, TO. CF, PCD, PCD-TO 2. Definition. A limited medical counseling use occurs in conjunction with a professional or administrative office use where social workers and other non-doctor providers provide counseling and behavioral treatment in either a group or individual session solely on an out patient basis on a parcel of property which is located adjacent to either a collector or arterial roadway and in which no prescriptions are being written to patients or medications are being dispensed to patients. Notwithstanding any provision or definition herein, this use shall not be considered a medical or dental clinic or drug and alcohol treatment center.

17 COKER & FEINER 1404 S. Andrews Ave. Ft. Lauderdale, FL Telephone: (954) Facsimile: (954) DATE:August 26, 2014 TO: FROM: RE: Robin Bird, Director of Development Services Rod A. Feiner, Esq. feiner.com Zoning Code Text Change Limited Medical Counseling As you are aware, I represent the applicant for an applicant initiated zoning code text change. am writing to address the standards for review of a zoning code text change by adding a use called limited medical counseling. The proposed zoning code text change is attached. The standards, and the response as to how the proposed text change meets these standards, are as follows: ls consistent with the comprehensive plan. The proposed text change is consistent with the comprehensive plan. Limited medical counseling is permitted to occur in both the industrial and commercial land use categories in the City's comprehensive plan. In addition, by being permitted in the land use the limited medical counseling use does not require the allocation of commercial flexibility. Furthermore, the limited medical counseling, by its very nature and being permitted in the land use plan, are not considered places of public assembly. Lastly, the text change is consistent with Policy 3.02(f) in the City's Comprehensive Plan, among other plans and policies. See also, Policies , , in the Comprehensive Plan. Does not conflict with provision of this code or the code of ordinances. The proposed text change does not conflict with any provision of the code or the code of ordinances. Currently, a medical or dental clinic and a drug rehabilitation center are uses which are set forth in the zoning code as being permitted in the B-3 and B-4 zoning districts but not the 1-1 zoning district. A professional and administrative office is, however, permitted in the B-3, B-4 and I-1 zoning districts. The proposed limited medical counseling use is a hybrid type of use which does not fit squarely within either the professional/administrative or the medical clinic category which is why the text change is required.

18 In addition, the proposed text change is consistent with Section of the Code which states that a goal of the industrial district is to strengthen the City's economic base and provide employment opportunities. Allowing a limited medical counseling use will provide substantial jobs for City residents while providing the residents the ability to travel to and from work easily by being located on a collector or arterial roadway. Furthermore, this text change is also consistent with the Code because it minimizes impacts on both residential and other commercial uses. In the limited medical counseling category both professional and administrative uses occur as does behavioral counseling. The behavioral counseling does not occur through physicians but through social workers in group and individual sessions. No testing is performed and no prescription medication is given or dispensed as part of the proposed use. That is a major difference which separates this use from a traditional medical or dental clinic use and why the text change is required. Is required by changed conditions The text change is required by changed conditions. The dynamic of how people who are recovering from addictions has changed as has the mechanism in which the service providers function. First the patients receive intensive treatment. That intensive treatment falls within the current definition of a drug and alcohol treatment center in the Code. After people have been released from the treatment centers they have follow up counseling sessions and behavioral treatment to ensure that they have remained substance free and to help the patients address the everyday trial and tribulations that are involved in recovery. This use usually occurs in conjunction with the administrative and professional office part of the facility. The counseling sessions typically occur in the equivalent of a conference room. The two uses are combined under a single roof. There is no treatment by a doctor and prescription medication is not being prescribed or dispensed as part of the limited medical counseling use. This new dynamic in terms of behavioral treatment is a changed condition which requires the text change amendment. Addresses a demonstrated community need The text change addresses a demonstrated community need. There is currently a community need for this use in the industrial zoned property. Several industrial properties have been configured such uses. The group sessions which occur as part oflimited medical counseling use are better suited for professional and administrative type of offices and buildings rather than medical type clinics. This mandates the need to allow the use in the I-1 property as well. Furthermore, allowing the limited medical counseling use in the I -1 zoning district will help create additional buffers between the limited medical counseling use and residential properties. In general industrial zoned properties are significantly separated from residential uses because what occurs between then is generally considered non-compatible. Allowing the limited medical counseling use in industrial zoned properties addresses the community need for such separation. Additionally, by requiring that the limited medical counseling be located adjacent to

19 a collector or arterial roadway the zoning code text change also demonstrates a community need that there be mass transit options near such use. ls consistent with the purpose and intent of the zoning district in this Code, or would improve compatibility among uses and would ensure efficient development within the City The proposed text change is consistent with the purpose and intent of the zoning districts in the Code. See response to the second criteria above which is incorporated herein by reference. In addition, the proposed text change would ensure efficient development within the City by requiring that the 1imited medical counseling be associated on a collector street or arterial roadway which means that patients would be able to use mass transit. Furthermore, by being close to mass transit the proposed zoning code will ensure efficient development within the City. The proposed text change will also foster compatibility among uses as the proposed use, by being located on industrial zoned property, will also create separation from residential zoned property. Would result in a logical and orderly development pattern The proposed text change would result in a logical and orderly development pattern. The use is fitted to those buildings which have been configured in the industrial zoning districts as office buildings and which are located on collector and arterial roadways. This means that the uses would be near areas served by public transportation which leads to an orderly development pattern. In addition, the proposed text change also assures that traditional industrial uses would still occur in industrial zoned properties. Would not result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife, vegetation, wetlands and the natural fanctioning of the environment. The proposed text change would not result in any adverse impacts on the natural environment. The use will take place within a wholly enclosed building that _is subject to all of the existing development standards in the City's zoning code. Thus, no adverse impacts on the natural environment will take place.

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