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HomeMy WebLinkAbout2005-04-11 05-126 ORDERItem No. 05-126 Date: April 11, 2005 item/Subject Order, Accepting the Final Report from the Medical Facilities Committee. Responsible Department: Legal Commentary: The Bangor CRy Council created a Special Committee on Land Use Policy Governing Medical Facilities on December 27, 2005, by Council Order 05-01. The Committee was changed with reviewing the a" existing zoning and land use regulations governing medical facilities in order to determine what charges, if any, may be required due to the charging nature of such realities and the nature of the services that dte9 provide. The Committee convened on a number of comadons and, on March 23, 2005, adopted the attachetl Final Report containing its findings and reoammendations to the City Council. This Order will accept the Final Report and direct staff to prepare the necessary ordinance amendments to Implement its recommendations. The Transportation & Infrastructure Committee recommended approval a this item at its April 5, 2005, meeting. Budget Approval: Legal Approval: Introduced for X Passage _ First Reading Referral Department Head Finance Director Page—a— atm SQBST[= DOST e Assigned to Councilor 05-126 CITY OF BANGOR (TITLE.) ORDER, Accepting the Final Reporthom the Medical Facilities CommRtee. eythe city'Counovarh Otycir&n9mr. ORDERED, THAT The Bangor. City Council hereby accepts the Final Report of the Medical Facilities Committee, drafted and adopted by said Committee in accordance with Council Order 05-41. The Assistant City Solicitor is hereby directed to prepare the ordinance amendments recommended in the Final Report for f—' reading review by the Transo0 don and Infrastructure 05-126 Assigned to Councilor Haves Ayr;F 11, 2005 CITY OF BANGOR QITLEJ ORDER, Accepting the Fnal Report train the Medical Facilities Committee. By the 000 Couiw/ of the City of&wWw. ORDERED, THAT The Bangor City Council hereby accepts the Final Report of the Medical Facilities Commitee, drafted and adopted by said Committee in accordance with Council Order 05-91. The Assistant City Solicitor is hereby directed to prepare the ordinance amendments recommended in the Final Report far Brat reading on Apel 25, 2005. IN CIW COUNCIL April 11, 2005 Notion Made and Seconded for Passage Notion Made and seconded to Amend to substitute "first reading oa April 25, 2005" with "1Tansportatlan and Infrastructure Committee Meeting of May 3. 2005" Motion Doubted Vote: 2-2 Councilors voting yea: Casbwell, D'grrico, Partington Greene, Dares, Stone, Tremble Coouncilors voting no: Allen Crotwick Amendment Passed Motidn Passed As Amended * 05-126 [fffLNl CeptinR theyival Neport feces the Medical Facilities Committee MEDICAL FACILITIES COMMITTEE FINAL REPORT MARCH 23, 2005 05-126 2`i 05-126 MEDICAL FACILITIES COMMITTEE FINAL REPORT . 23 MARCH 2005 WHEREAS, the Medical Facilities Committee (hereinafter 'the Committee) was created by the Bangor City Council on December 27, 2004, by Councl Order OS41, in accordance with the Code of the City of Bangor, Chapter 9, § 9-9; WHEREAS, the Committee was establshed for an initiaf term of three months, expiring March 31, 2005, at which time the Committee was charged with is wing a Final Report or recommending that the Bangor City Contrail extend the Committee's term; , WHEREAS, the Committee was chaired by Councilor Susan Hawes., and is composed of the following additional members: Councilor Amen AEen, Walter Cupplesr, Gary Mdai ren, Rick Fournier, Walter Csmd, Bill Diggms, Dr. Elizabeth Weiss, Jim Tyler, and Seth Harrow, Esq.; WHEREAS, the Committee's purpose was "to review the City's eaddinig mng and land use regulations governing medical facilities in order to determine what changes, if any, may be required due to the changing rature of such facilities and the nature of the services that they provide and to develop recommendations for review by the Bangor City Cou ice; and WHEREAS, the Committee conducted five meetings over its three-month term, from which it has reached the following conclusions; NOW THEREFORE, the Medical Facilities Committee hereby respeci±aRy submits this Final Report to the Bangor City Courim: The Land Development Code The Land Development Code diodes the City into multiple zoning districts with the goal of grouping compatible uses together and segregating mex mpahble ones. Compatibility is generally based on broad operational characteristics of a land use. - - - Specifically, the land Development Code utilizes 20 different earring districts, which may be generally categorized into residential zonesthcoemme tial mil, industrial zones, and mviro�mtal preservation zones, gh some sones have mixed characteristics. The zones are also categorized on the basis of whether they are located m developing or urban areas.. I Titian Cote was ongtnally apps nted to the Committee, but she resigned pribr to the issuance of this report avd was replaced by W. Cupples. v The Committee met on two de iffinal occasions, but did not have quorums. 2 e% 'I Emb waing distract lista use categories that are allowed in the zone, either as a permitted use or condedomrl use. A permitted use is One that is considered appropriate for the area per se while a conditional use is one that may be appropriate, depending upon the spenbc drevmstances of the area and manner in which the use will be operated, if a proposed use does not fit into a permitted or conthfional use category, it is prohibited. The administration of zoning is fairly simple- an applicant seeking sorting approval for a use must apply for a certificate of occupancy from the Code Enforcement Office. Zoning approval occurs when the Code Enforcement Office approves the application by signing it, even though the certificate of occupancy may not he issued until a later time. The only discretion given to the Code Enforcement Office -i in the form of determining whether a proposed use is permitted, conditional, is prohibited. If on applicant applies for a certificate of occupancy for a permitted use, the Code Enforcement Office must approve it. The Code Enforcement Office may not approve an application for conditional use, however, until the applicant has obtained fllarming Board approval. In order m obtain a conditional use approval, sal applicant must demonstrate to the Madming Board that the specific conditions for the use listed in the strung district have been met and show that: a) the proposed use will meet the district development standards; b) the proposed use will not create unreasonable traffic congestion or hazardous conditions On contiguous or adjacent streets; C) the proper Operation of the -conditional use will be ensured by providing and maintaining adequate and appropriate to ides, fire protection, drainage, parking and loading and other necessary site improvements; and d) the proposed use, although not appropriate for every site ra the zone, is appropriate for the location for which it is sought because the praposed use will conform to the general character of the development in the immediate area as to architectural style, building bulk and eshent and intensity of site use. Once 19amdng board approval has been granted, the Code Enforcement Office must approve the certificate of OCCnPRIum for the conditional use. Any zoning decision by the Code Enforcement Office may he challenged within 30 days by Lung an appeal to the Board of Appeals. A Planning Board denial of a conditional use application may only be appealed to Superior Court. Current zordng scheme for Medfazl Facilites Me fend Development Code, § -165-13, has four categories of medical uses, three of which are defined by the code. L "CHEMICAL DEPENDENCY TREATMENT FAC= — A state -licensed fanuty for the treatment of chemical defo ndenty.- s Excluding medical OnOmes for artimels, which were not considered. os -126 3o. 05-126 A 'chemical dependency treatment facility' is allowed m the Government & Institutional Service District as a conditional use, provided it is located on a major armorial street, and in the General Commercial & SerVree District as a permitted use. It is also allowed in the Urban Industry District an a permitted use as a'rommcrcial" uae. 2. "CLINIC, MEDICAL OR DENTAL - -- An establishment providing outpatient eemom tion, treatment, or other care by a physician or dentist, re duding chemical Lepeadenny treatment facilities." - A'clinic, medical or dental" is allowed in the Urban Service District, Downtown Development District, Shopping ea Personal Service District, General Commercial & Service District, and Industry & Service District as a permitted use, and in the Government & I ombornmed Service District as a conditional use, provided it is in association with a hospital complex and located on a major arterial street. It is also allowed is Ne Urban Industry District as a permitted use as a commercial" use. 3, 'NURSING HOME -- A facility which is operated in connection with a hospital, or in which nursing care and medical services are prescribed by or performed under the general direction of persons 4cen5ed to practice medicine or urgery in the state, for the accommodation of convalescent or other persons who are not acutely M and not in need of heapital care but'alm do require skilled nursing care and related medical services. The term rrursing home'shall be restricted to those facilities, the purpose of which is On provide skilled sing care and related medical services for a period of not less than 24 hours per day to individuals admitted because of illness, disease Or physical or mental infirmity and which provide a community service." A bummg home" is allowed m the Multifamily & Service District as a conditional use, High Density Residential District as a conditimodl use, provided it is located on a major arterial street and has an impervious surface ration not greater than 0.40, and m the Government & Institutional Service District as a pexmitteduse. 4. The terra hospital" is not defined by the Code, and is therefore given its customary dictionary meanings. A hospital is allowed in the Government & Institutional Service District as a permitted use. Findings & Recommendations The Committee was charged with considering whether the current zomng scheme as it relates to medical uses is sufhdent, and, if not, m which canes and under what conditions should medical uses be allowed. To contemplating what zoning districts are appropriate for medical uses, the Committee Considered the comprehensive plan, each zoning districts stated purpose, and the similarity of other uses in the zones based on type of use, intensity of use, and other such operational characteristics. The Committee concludes that the current scheme requires amendment, primarily for two reasons: First, the definition of "clinic, medical or dental' needs to be amended because itis unclear and too narrow £n scope. The scope of traditional medical services available is constantly increasing and now many complementary or altmeative treatments ere now available. The def tion of "clinc' should be expanded to cogrwe both traditional and emerging treatments. From a zoning perspective, the primary difference betwem a clinic and hospital is whether treatment is provided solely on an out-patient basis or whether ti.ere is in-patient care. A definition for "hospital" should also be added to clarify this distinction. Second, o -called "chemical dependency treatment facilities' are indistinguishable from clinics from the point of view of zoning, based on type of intensity of use, and operational characteristics. Such facilities provide outpatient medical services and counseling, the same as many other medical offices, regardless of public perception or. popularity. Concerns about specific ldnda of medical treatments are properly handled through state licensing, not zoning. Therefore, the Committee recoormaninis the following in regard to the Land Development Code, Chapter 165, § 165-13 (definitions(: 1. Delete the deferuffm of "chemical dependency treatment facility.' Such facilities would fall within the deftion of clinic. 2. Delete the reference to chemical dependency treatment facilities in the definition of "business or professional office" leaving the term defined as -"any office setting in which professional or business services are carried on, including but not limited to finance, real estate, accounting, data processing, legal, insurance, counseling, desim, engineering and mclatectum, but expressly ,mb rug any repair services, retail sales, or clinics." 3. Delete the reference to chemical dependency treatment facilities in the definition of'comormury service organization,° leaving the term defined s "a nonprofit charitable msdandon, not to include social clubs or ritems, the priabsry function of which is serving the public health or octal welfare of the community, provided that the specific activity which characterizes the primary use of such cormamnity service organization use shall be similar in nature, intensity and impact to other permitted uses or, if the community service organ estam is a conditional use, other permitted or conditional unto in the zoning district in which auch use is contemplated. - 4. Delete the reference to chemical dependency treatment facilities in the definition of'retml or service business; leaving the term defined as 'any business or establishment engaged in the sale of goads or services to the general public. A service business shall include any establishment 05-126 32 05-126 engaged m the fields of finance, insurance or real estate and any establishment providing professional, personal or business services or nvehicolar repair aervices. A service business does not include clinics, a gasoline service station or motor garage, a hotel, motel, rooming house, boardinghouse or tourist home or a manufacturing use. - 5. e.5. Change the definition of'clinic, medical or dental" to `ctimc," denied as- sn establishment providing outpatient examination, treatment, or other care by a physician, dentist, or other medical professional." 6. Add a def tion of"hospibd,- defed as -so institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured on an outpatient sed inpatient basis, or only on on inpatient basis, inctuding related services such as laboratories, training fa,ilities, and administrative and staff offices." 7. Retain the existing d dartion of "nursing home' While the new definition of cfic would encompass a wide variety of medical Practices, this is consistent with other zoeing categories. For example, bath a comer convenience store and a 200,000 square -foot superstore fall under the use category 'retail or service business"; a 1,000 square foot cottage and a 6,000 square foot mansion are both smgle-family residences; and a two -room - too estate office is a-busie,os or professional office" the same a bank that uses ten stories of an office building. Zoning can only, provide a broad -brush regulation of land use- attempting to be too specific only impedes e&cay. The effectiveness of the Land Development Cade is ensured by the Code Enforcement Office, which determines into which category a proposed use fills, and the Board of Appesls, which conducts a de miro revrew of the determination, ff necessary. in toms of where medical uses shovW be allowed as a matter of zoning, the Land Development Code roily needs minor revision, primerily to standardise terms. Modifymgthe defition of ciudc essentially rationalizes the land use policy because obides, as previously defined, are allowed in all appropriate zone, F nu a zoning perspective, o3mur ; are similar to both service businesses and professional offices; it therefore stands to reason that clinics should generally be co -located with busmess and professional offices and retail or service businesses. This poky is supported, and perbaps compelled, by Use Purposes of the various ming districts in which such uses are currently allowed. Consequently, the Committee recommends that the Bangor City Council: - 1. Amend the Code of the City of Bsngor, Chapter 165, § 165-92[C](12(, changing the term -clic, medical or dental" to -clinic." , . 2. Amend the Code of the City of Hsogor, Chaeta 165, §- 165-93(C)(17),. ,banging the term "clic, medical or dental" to -clinic." 6 25 09 126 3. Amend the Code of the City of Bangor, Chapter 165, § 165-97: a deleting "but excluding chemical dependency treatment far2ities' hoe, subsection (C)(i); b. deleting the word "comple falowing the word "hospital" in subsectioa(C)(6); c. deleting subsection (D)(l), including (a) and (b), and replacing it tnth'clirde; and d. deleting subsection (D)(3). 4. Amend the Cade of the City of Bangor, Chapter 165, § 165-101(C)(12), cbaagr g the term °clinic; medical or dental' to 5. Amend the Code of the City of Bangor, Chapter 165, § 165-102(C): a changing the term "clviic, medical or dental' w "clime in subseo5on(C)(8); and - b. deleting subsection (C)(9). 7. Amend the Code of the City of Bangor, Chapter 165, § 1fi5-103(C)Q I), changing the term "clinic, medical or dentaP to -e c." Finally, while the Committee believes the proposed changes will improve the Land -Development Code, the code, even in its current i adequate to prevent serious pubhc harm from .residential, commercial or radusaial development from chemical dependency treatment facilities. Accordingly, the Committee r m mends that the Count repeal the moratorium against the issue re of certificates of occupancy for new chemical dependency treatment faalitiea, COrd 05-55, passed on January 24, 2005. However, the Committee rec mmends that the City maintain the lines of umcation. with such medical facilities in order to deal with any speci5c issues that might arise but tlrat are not appropriately regulated by zoning. The Medical Fac ities Committee believes that enacting these amendments will be in the best interests of the City of Bangor by creating a national and well - reasoned zoning scheme to regulate medical facilities wit the City of Boagor. 7 �S 1 Adopted t s 23b day o March, 2005. Sig¢ed: C.1 sv xawes, Ctiei, e A➢en� Waif tipp es �n� W!al�t]er Cifox�e YVV"` Bill lkgpyts Dr. beth Weiss / Jim ler Seth arxoW, Esq. 05-126 3''