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HomeMy WebLinkAboutAgenda Packet 01.15.2015 Generated 12/30/2014 2:16 PM PLANNING & ZONING COMMISSION AGENDA ST LUCIE COUNTY P & Z Regular Meeting Thursday, January 15, 2015 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS Chair CATHY TOWNSEND Board Member BOBBY HOPKINS Board Member EDWARD LOUNDS Board Member KARA WOOD Board Member WILLIAM SMITH Vice Chair WILLIAM O'DELL Board Member CRAIG MUNDT Board Member JAMES CLASBY Board Member STEPHANIE MORGAN Ex-Officio Board Member MARTY SANDERS P & Z Regular Meeting Thursday, January 15, 2015 6:00 PM 2 | P a g e WELCOME  Please turn off all cellular phones and pagers prior to entering the Commission Chambers.  Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory capacity to the St. Lucie County Board of County Commissioners and has the power to review and make recommendations to the Board, for approval or disapproval, on any applications within their area of responsibility.  The Planning and Zoning Commission strongly encourages your input and comment at the public hearing. Please limit comments to three minutes if possible and be respectful of others’ opinions.  For public convenience, all meetings are televised and are provided with wireless internet access. P & Z Regular Meeting Thursday, January 15, 2015 6:00 PM 3 | P a g e I. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Announcement(s) 4. Disclosure(s) II. MINUTES III. PUBLIC COMMENT IV. PUBLIC HEARINGS 1. Ordinance - Amending Chapter 2.00.00 "Definitions", including amending the definition of Family; amending Chapter 4 "Special Districts" to change the word "Occupations" to "Offices"; amending Chapter 7.10.01 "Food Vendors"; and amending Chapter 8.01.00 "Home Occupations" of the Land Development Code of St. Lucie County to clarify what may be done in the home; providing for filing, codification, adoption and effective date. Staff recommends that proposed Ordinance be forwarded to the Board of County Commissioners with a recommendation for approval. 2. Ordinance - Affecting the use of land in St. Lucie County Florida, relating to medical marijuana dispensaries by amending the St. Lucie County Land Development Code; amending Section 2.00.00 (Definitions); amending Section 3.01.03.T (Industrial Light) and Section 3.01.03S (Commercial General) to add medical marijuana dispensaries as a conditional use; amending Section 7.10.00 (Supplemental Standards); providing for conflicting provisions, severability, and applicability; providing for filing with Department of State; providing for adoption and codification and an effective date. Staff recommends Planning and Zoning Board approve one alternative of the draft ordinance for transmittal to the Board of County Commissioners for favorable action. P & Z Regular Meeting Thursday, January 15, 2015 6:00 PM 4 | P a g e V. WORKSHOPS There are no items scheduled. VI. OTHER BUSINESS A letter from the St. Lucie County Chamber of Commerce Foundation, Inc. regarding the proposed changes to Chapters 4 and 8.01.00 of the Land Development Code: Home Occupation Election of Officials Approval of the 2015 Planning & Zoning Commission meeting schedule. VII. ADJOURN NOTICE: All proceedings before the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any recommendation made by the Planning and Zoning Commission / Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, by hiring their own court reporter at their own expense, to create a record that includes the testimony and evidence upon which the appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. ITEM NO. (ID # 2420) DATE: 01/15/2015 AGENDA REQUEST * BACKGROUND: Attached to this agenda is a copy of a proposed ordinance which would amend the St. Lucie County Land Development Code by clarifying what may be done in the home and changing the word "Occupations" to "Offices". PREVIOUS ACTION: The Board of County Commissioners granted permission to advertise the proposed "Home Offices" ordinance for a public hearing before the Local Planning Agency and Zoning Commission and two public hearings before the Board of County Commissioners at the October 7, 2014 board meeting. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that proposed Ordinance be forwarded to the Board of County Commissioners with a recommendation for approval. COMMISSION ACTION: TO: St. Lucie County Planning & Zoning Commission PRESENTED BY: Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Ordinance - Amending Chapter 2.00.00 "Definitions", including amending the definition of Family; amending Chapter 4 "Special Districts" to change the word "Occupations" to "Offices"; amending Chapter 7.10.01 "Food Vendors"; and amending Chapter 8.01.00 "Home Occupations" of the Land Development Code of St. Lucie County to clarify what may be done in the home; providing for filing, codification, adoption and effective date. 4.1 Packet Pg. 5 Updated: 10/13/2014 12:32 PM by Carol Bishop Page 2 Coordination/Signatures 4.1 Packet Pg. 6 4.1.a Packet Pg. 7 At t a c h m e n t : H o m e O f f i c e O r d i n a n c e ( 2 4 2 0 : O r d i n a n c e - A m e n d i n g C h a p t e r 8 . 0 1 . 0 0 " H o m e O c c u p a t i o n s " o f t h e L D C ) 4.1.a Packet Pg. 8 At t a c h m e n t : H o m e O f f i c e O r d i n a n c e ( 2 4 2 0 : O r d i n a n c e - A m e n d i n g C h a p t e r 8 . 0 1 . 0 0 " H o m e O c c u p a t i o n s " o f t h e L D C ) 4.1.a Packet Pg. 9 At t a c h m e n t : H o m e O f f i c e O r d i n a n c e ( 2 4 2 0 : O r d i n a n c e - A m e n d i n g C h a p t e r 8 . 0 1 . 0 0 " H o m e O c c u p a t i o n s " o f t h e L D C ) 4.1.a Packet Pg. 10 At t a c h m e n t : H o m e O f f i c e O r d i n a n c e ( 2 4 2 0 : O r d i n a n c e - A m e n d i n g C h a p t e r 8 . 0 1 . 0 0 " H o m e O c c u p a t i o n s " o f t h e L D C ) 4.1.a Packet Pg. 11 At t a c h m e n t : H o m e O f f i c e O r d i n a n c e ( 2 4 2 0 : O r d i n a n c e - A m e n d i n g C h a p t e r 8 . 0 1 . 0 0 " H o m e O c c u p a t i o n s " o f t h e L D C ) 4.1.a Packet Pg. 12 At t a c h m e n t : H o m e O f f i c e O r d i n a n c e ( 2 4 2 0 : O r d i n a n c e - A m e n d i n g C h a p t e r 8 . 0 1 . 0 0 " H o m e O c c u p a t i o n s " o f t h e L D C ) ITEM NO. (ID # 2441) DATE: 01/15/2015 AGENDA REQUEST * BACKGROUND: The proposed regulations address the location, development standards and operations of facilities for cultivating and dispensing of medical marijuana. The draft ordinance is in response to the Compassionate Medical Cannabis Act of 2014. The Act does not legalize any non-medical/recreational use, possession, or production of marijuana. It would only apply to Florida law and would not authorize violations of federal law. [Note: The Federal Controlled Substances Act prohibits the production, distribution and use of marijuana for medical and recreational purposes; however, a 2009 Deputy U.S. Attorney's General's memorandum providing policy guidance to selected U.S. Attorneys, provides that individuals who use, acquire, and supply medical marijuana in accordance with state law will not be prosecuted by the federal government.] A copy of the report is attached. The Act does allow the use of low-THC marijuana for individuals with a debilitating medical condition as defined in the Act and as determined by a licensed Florida physician. Personal caregivers would be allowed to assist patients in the medical use of marijuana. The Florida Department of Health has until January 1, 2015 to issue implementing regulations as detailed in the amendment, including the registration and regulation of centers that produce and distribute marijuana for medical purposes and the issuance of identification cards to patients and caregivers. TO: St. Lucie County Planning & Zoning Commission PRESENTED BY: Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Ordinance - Affecting the use of land in St. Lucie County Florida, relating to medical marijuana dispensaries by amending the St. Lucie County Land Development Code; amending Section 2.00.00 (Definitions); amending Section 3.01.03.T (Industrial Light) and Section 3.01.03S (Commercial General) to add medical marijuana dispensaries as a conditional use; amending Section 7.10.00 (Supplemental Standards); providing for conflicting provisions, severability, and applicability; providing for filing with Department of State; providing for adoption and codification and an effective date. 4.2 Packet Pg. 13 Updated: 11/10/2014 10:32 AM by Sarah Smith A Page 2 Some of the concerns raised regarding potential secondary impacts on local communities should the amendment pass include: · No location requirements are identified that would prohibit the Dispensing Organization from being located next to schools, public parks, residential neighborhoods, or other sensitive uses. · Nothing restricts or prevents children or the general public from frequenting the Dispensing Organization to obtain and use marijuana. In addition to the above concerns, other potential local impacts include: · The Dispensing Organization may be targets for increased criminal activity because of valuable inventory and large amounts of cash. · Marijuana may be diverted for unintended purposes creating further drug related problems for a community including marijuana-impaired driving fatalities. · The Dispensing Organization have the potential to create a blighting influence on neighboring properties if not properly regulated. · The Dispensing Organization may increase traffic and noise and loitering in the immediate vicinity. Staff Approach In response to the above mentioned concerns, the staff has prepared two (2) alternative draft ordinances that, among other listed requirements, strictly limits medical marijuana cultivation and dispensaries in the County by: · Allowing only the dispensing of medical marijuana at “medical marijuana dispensaries.” · Allowing “medical marijuana dispensaries’ only within the Industrial Light District or alternatively in commercial general and only as a conditional use for either zone. · Requiring physical separation of medical marijuana dispensaries from schools, child day care centers, public parks and other medical marijuana dispensaries. · Establishing site design standards to address security and other concerns. · Placing limits on the size of the medical marijuana dispensaries, the business hours to primarily day-time hours. 4.2 Packet Pg. 14 Updated: 11/10/2014 10:32 AM by Sarah Smith A Page 3 · Prohibiting the on-site consumption of both alcoholic beverages and marijuana at the medical marijuana dispensaries. · Limiting access to the medical marijuana dispensaries to qualifying patients over the age of 18, personal caregivers, employees of the business, or other qualified individuals including authorized city and state officials. The draft ordinances would also apply to low-THC medical marijuana permitted by Section 381.986 Florida Statute. PREVIOUS ACTION: The Board of County Commissioners granted permission to advertise the proposed "Medical Marijuana Dispensaries" ordinance for a public hearing before the Local Planning Agency and Zoning Commission and two (2) public hearings before the Board of County Commissioners at the October 7, 2014 Board Meeting. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Planning and Zoning Board approve one alternative of the draft ordinance for transmittal to the Board of County Commissioners for favorable action. COMMISSION ACTION: Coordination/Signatures 4.2 Packet Pg. 15 1 S:\ATTY\Ordinances\2014\Medical Marijuana Ordinance – Draft – Alt. A *Alternative A* - ORDINANCE NO. 14-XXX AN ORDINANCE AFFECTING THE USE OF LAND IN ST. LUCIE COUNTY FLORIDA, RELATING TO MEDICAL MARIJUANA DISPENSARIES BY AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE; AMENDING SECTION 2.00.00 (DEFINITIONS); AMENDING SECTION 3.01.03.T (INDUSTRIAL LIGHT) TO ADD MEDICAL MARIJUANA DISPENSARIES AS A CONDITIONAL USE; AMENDING SECTION 7.10.00 (SUPPLEMENTAL STANDARDS); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (“Board”) has determined that is in the best interests of the citizenry and general public to regulate the location of medical marijuana dispensaries; and WHEREAS, the Board has the responsibility and authority to determine which zoning categories and which land use categories are the best suited for specific purposes, such as the establishment of medical marijuana dispensaries; and WHEREAS, the Board has determined that, given the potential impact on the surrounding area, medical marijuana dispensaries should be allowed within specific zoning district(s), as a conditional use with supplemental standards; and WHEREAS, the Board has determined that it is advisable and in the public interest to consider certain distance and other siting standards and conditions with regard to the location and operation of medical marijuana dispensaries; and WHEREAS, Section 381.986 Florida Statues authorizes low-THC cannabis for certain medical conditions, effective January 1, 2015; and WHEREAS, this ordinance is enacted in the interest of the public health, peace, safety, and general welfare of the citizens and inhabitants of St. Lucie County, Florida, pursuant to Article VIII, Section 1 (g), Florida Constitution and Section 125.01, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: The St. Lucie County Land Development Code is hereby amended by adding the words shown in underlined type: 4.2.a Packet Pg. 16 At t a c h m e n t : M e d i c a l M a r i j u a n a O r d i n a n c e - D r a f t - A l t . A ( 2 4 4 1 : O r d i n a n c e - M e d i c a l M a r i j u a n a D i s p e n s a r i e s ) 2 S:\ATTY\Ordinances\2014\Medical Marijuana Ordinance – Draft – Alt. A PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ARE AS FOLLOWS: CHAPTER II DEFINITIONS 2.00.00. DEFINITIONS Medical Marijuana Dispensing Organization: An organization approved by the Florida Department of Health to cultivate, process, and dispense cannabis. CHAPTER III ZONING DISTRICTS 3.01.03. ZONING DISTRICTS A. – S. NO CHANGE T. IL Industrial Light 1. – 6. NO CHANGE 7. Conditional Uses a – f NO CHANGE g. medical marijuana dispensaries l – n NO CHANGE 8. NO CHANGE U. –HH. NO CHANGE CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00. General Provisions. 7.10.00. Supplemental Standards. 7.10.31 Medical Marijuana Dispensaries A. Medical Marijuana Dispensaries shall be allowed as Permitted Conditional Use in the IL zoning district. Non-medical marijuana sales shall be a prohibited use in all zoning districts of the County. Medical Marijuana sales shall be prohibited use in industrial heavy (IH) zone. Medical Marijuana dispensaries shall be defined as any business which has been approved by the State of Florida to cultivate, process, and dispense medical marijuana pursuant to state law. All such cultivation, processing and dispensing shall occur wholly within the structure upon which such medical marijuana facility is located. When considering an application for a medical marijuana dispensary, the Planning and Zoning Board and the Board of County Commissioners shall consider the criteria below. The Board may impose additional conditions and safe guards as deemed necessary. 4.2.a Packet Pg. 17 At t a c h m e n t : M e d i c a l M a r i j u a n a O r d i n a n c e - D r a f t - A l t . A ( 2 4 4 1 : O r d i n a n c e - M e d i c a l M a r i j u a n a D i s p e n s a r i e s ) 3 S:\ATTY\Ordinances\2014\Medical Marijuana Ordinance – Draft – Alt. A (a) Criteria to be considered concerning an application for a medical marijuana dispensary; (i) Controlled substance. The on-site sale, provision, or dispensing of medical marijuana is prohibited except as specifically authorized by applicable federal or state law; (ii) Adequate facilities. Medical marijuana dispensaries shall provide adequate seating for its patients and business invitees. The medical marijuana dispensary shall not direct or encourage any patient or business invitee to stand, sit (including in a parked vehicle), or gather or loiter outside of the building where the dispensary is located and operates, including, but not limited to, sidewalks, parking areas, right-of-ways, or neighboring properties for any period of time longer than that is reasonably required to arrive and depart. The medical marijuana dispensary shall post conspicuous “No Loitering” signs on all sides of that portion of a building occupied by the medical marijuana dispensary. (iii) No drive through service. No medical marijuana dispensary shall have a drive through or drive in service aisle. All dispensing, payment for and receipt of products shall occur from inside the structure. (iv) Queuing or stacking of motor vehicles. The medical marijuana dispensary shall ensure that there is no queuing or stacking of motor vehicles in any right-of-way. (v) Outside display. There shall be no outside display of any products, wares or merchandise. (vi) No vending machine service. No stand-alone; independently operated vending machine producing marijuana, cannabis, cannabis-based products or cannabis plants shall be permitted. (vii) Alcoholic beverages. There shall be no sale, service or consumption of alcoholic beverages on the premises or in any parking area, sidewalk, or right-of-way. (viii) Separation distance. A medical marijuana dispensary shall not be located within five hundred (500) feet of any pharmacy, school (as defined in section 1002.01 or 1003.01, Florida Statutes), medical office, daycare center, daycare home, adult living facility or similar type of facility, playground, religious institution, public park, and shall not be located within one thousand six hundred (1,600) of another medical marijuana dispensary. All distance requirements shall be measured by drawing a straight line from the nearest property line of the premises upon which a medical marijuana dispensary is located to the nearest property line of the preexisting protected use. 4.2.a Packet Pg. 18 At t a c h m e n t : M e d i c a l M a r i j u a n a O r d i n a n c e - D r a f t - A l t . A ( 2 4 4 1 : O r d i n a n c e - M e d i c a l M a r i j u a n a D i s p e n s a r i e s ) 4 S:\ATTY\Ordinances\2014\Medical Marijuana Ordinance – Draft – Alt. A (ix) Hours of operation. Medical marijuana dispensaries shall only operate between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 8:00 a.m. through 12:00 p.m. on Saturday. Medical marijuana dispensaries shall not operate on Sunday. (x) Other Activities. Other than the cultivation, processing and dispensing of medical marijuana permitted herein no medical marijuana dispensary shall sell, market, dispense, provide, exchange, or otherwise vend any other services; product; or drug paraphernalia as defined by federal or state law. (xi) Compliance with other laws. In addition to the laws and ordinances of St. Lucie County all medical marijuana dispensaries shall comply with all applicable federal and state laws. (b) Cultivation. The term Cultivation shall mean the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof. (i) Outside cultivation of medical marijuana is prohibited. Cultivation shall only be within an enclosed structure upon which such medical marijuana facility is located. Indoor cultivation is limited to fifty (50) square feet of the medical marijuana facility. Cultivation may not occur in a structure which is not attached to the building upon which the medical marijuana facility is located. (ii) Indoor grow lights in any structure shall not exceed an aggregate of one thousand two hundred watts and shall comply with all applicable building code regulations. Gas products (including, without limitation, CO2, butane, propane, and natural gas), or generators shall not be used within any detached structure used for the cultivation of medical marijuana. (iii) Cultivation shall not take place in any area of the medical marijuana facility which is accessible by the general public. Such areas of cultivation must be restricted to authorized personnel, eighteen years of age or older, of the medical marijuana facility. Such area of cultivation shall be secured and locked at all times when not occupied by authorized personnel of the medical marijuana facility. (iv) Such area of cultivation must have a ventilation system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with all applicable building code regulations, including obtaining all required permits and approvals. The ventilation system must be approved by a Florida Licensed Engineer and a Florida Licensed Heating and Ventilation Contractor at the applicant’s expense, and installed prior to commencing cultivation within the fully-enclosed and secure structure. PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 4.2.a Packet Pg. 19 At t a c h m e n t : M e d i c a l M a r i j u a n a O r d i n a n c e - D r a f t - A l t . A ( 2 4 4 1 : O r d i n a n c e - M e d i c a l M a r i j u a n a D i s p e n s a r i e s ) 5 S:\ATTY\Ordinances\2014\Medical Marijuana Ordinance – Draft – Alt. A PART C. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. CODIFICATION. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word “Ordinance” shall be changed to “Section” or other appropriate word. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This Ordinance shall take effect upon filing of a certified copy of this Ordinance with the Department of State. PART I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair XXX Vice Chair XXX Commissioner XXX Commissioner XXX Commissioner XXX PASSED AND DULY ADOPTED this _____ day of ______________, 2014. 4.2.a Packet Pg. 20 At t a c h m e n t : M e d i c a l M a r i j u a n a O r d i n a n c e - D r a f t - A l t . A ( 2 4 4 1 : O r d i n a n c e - M e d i c a l M a r i j u a n a D i s p e n s a r i e s ) 6 S:\ATTY\Ordinances\2014\Medical Marijuana Ordinance – Draft – Alt. A BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA ______________________________ BY: ____________________________ Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: ____________________________ County Attorney 4.2.a Packet Pg. 21 At t a c h m e n t : M e d i c a l M a r i j u a n a O r d i n a n c e - D r a f t - A l t . A ( 2 4 4 1 : O r d i n a n c e - M e d i c a l M a r i j u a n a D i s p e n s a r i e s ) 1 S:\ATTY\Ordinances\2014\Medical Marijuana Ordinance – Draft – Alt. B *Alternative B*-ORDINANCE NO. 14-XXX AN ORDINANCE AFFECTING THE USE OF LAND IN ST. LUCIE COUNTY FLORIDA, RELATING TO MEDICAL MARIJUANA DISPENSARIES BY AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE; AMENDING SECTION 2.00.00 (DEFINITIONS); AMENDING SECTION 3.01.03.T (INDUSTRIAL LIGHT) AND SECTION 3.01.035 (COMMERCIAL GENERAL) TO ADD MEDICAL MARIJUANA DISPENSARIES AS A CONDITIONAL USE; AMENDING SECTION 7.10.00 (SUPPLEMENTAL STANDARDS); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (“Board”) has determined that is in the best interests of the citizenry and general public to regulate the location of medical marijuana dispensaries in the event the amendment passes; and WHEREAS, the Board has the responsibility and authority to determine which zoning categories and which land use categories are the best suited for specific purposes, such as the establishment of medical marijuana dispensaries; and WHEREAS, the Board has determined that, given the potential impact on the surrounding area, medical marijuana dispensaries should be allowed within specific zoning district(s), as a conditional use with supplemental standards; and WHEREAS, the Board has determined that it is advisable and in the public interest to consider certain distance and other siting standards and conditions with regard to the location and operation of medical marijuana dispensaries; and WHEREAS, Section 381.986 Florida Statues authorizes low-THC cannabis for certain medical conditions, effective January 1, 2015; and WHEREAS, this ordinance is enacted in the interest of the public health, peace, safety, and general welfare of the citizens and inhabitants of St. Lucie County, Florida, pursuant to Article VIII, Section 1 (g), Florida Constitution and Section 125.01, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: The St. Lucie County Land Development Code is hereby amended by adding the words shown in underlined type: 4.2.b Packet Pg. 22 At t a c h m e n t : M e d i c a l M a r i j u a n a O r d i n a n c e - D r a f t - A l t . B ( 2 4 4 1 : O r d i n a n c e - M e d i c a l M a r i j u a n a D i s p e n s a r i e s ) 2 S:\ATTY\Ordinances\2014\Medical Marijuana Ordinance – Draft – Alt. B PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ARE AS FOLLOWS: CHAPTER II DEFINITIONS 2.00.00. DEFINITIONS Cannabis. Any plant or part of a plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. Medical Marijuana Dispensing Organization: An organization approved by the Florida Department of Health to cultivate, process, and dispense cannabis. Cannabis Farm. Any property used in whole or in part for the growing or cultivation of Cannabis plants, as allowed under state law. CHAPTER III ZONING DISTRICTS 3.01.03. ZONING DISTRICTS A.– R. NO CHANGE S. CG commercial General 1. – 6. NO CHANGE 7. Conditional Uses a - m NO CHANGE n medical marijuana dispensaries T. IL Industrial Light 1. – 6. NO CHANGE 7. Conditional Uses a – f NO CHANGE g medical marijuana dispensaries h cannabis farms l – n NO CHANGE 8. NO CHANGE U. –HH. NO CHANGE CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00. General Provisions. 4.2.b Packet Pg. 23 At t a c h m e n t : M e d i c a l M a r i j u a n a O r d i n a n c e - D r a f t - A l t . B ( 2 4 4 1 : O r d i n a n c e - M e d i c a l M a r i j u a n a D i s p e n s a r i e s ) 3 S:\ATTY\Ordinances\2014\Medical Marijuana Ordinance – Draft – Alt. B 7.10.00. Supplemental Standards. 7.10.31 Medical Marijuana Dispensaries and Cannabis Farms A. Medical Marijuana Dispensaries shall be allowed as Permitted Conditional Use in the CG and the IL zoning district. Medical Marijuana sales shall be prohibited use in industrial heavy (IH) zone. Medical Marijuana dispensaries shall be defined as any business which has been approved by the State of Florida to process, and dispense medical marijuana pursuant to state law. All such processing and dispensing shall occur wholly within the structure upon which such medical marijuana facility is located. When considering an application for a medical marijuana dispensary, the Planning and Zoning Board and the Board of County Commissioners shall consider the criteria below. The Board may impose additional conditions and safe guards as deemed necessary. (a) Criteria to be considered concerning an application for a medical marijuana dispensary; (i) Controlled substance. The on-site sale, provision, or dispensing of medical marijuana is prohibited except as specifically authorized by applicable federal or state law; (ii) Adequate facilities. Medical marijuana dispensaries shall provide adequate seating for its patients and business invitees. The medical marijuana dispensary shall not direct or encourage any patient or business invitee to stand, sit (including in a parked vehicle), or gather or loiter outside of the building where the dispensary is located and operates, including, but not limited to, sidewalks, parking areas, right-of-ways, or neighboring properties for any period of time longer than that is reasonably required to arrive and depart. The medical marijuana dispensary shall post conspicuous “No Loitering” signs on all sides of that portion of a building occupied by the medical marijuana dispensary. (iii) No drive through service. No medical marijuana dispensary shall have a drive through or drive in service aisle. All dispensing, payment for and receipt of products shall occur from inside the structure. (iv) Queuing or stacking of motor vehicles. The medical marijuana dispensary shall ensure that there is no queuing or stacking of motor vehicles in any right-of-way. (v) Outside display. There shall be no outside display of any products, wares or merchandise. (vi) No vending machine service. No stand-alone; independently operated vending machine producing marijuana, cannabis, cannabis-based products or cannabis plants shall be permitted. 4.2.b Packet Pg. 24 At t a c h m e n t : M e d i c a l M a r i j u a n a O r d i n a n c e - D r a f t - A l t . B ( 2 4 4 1 : O r d i n a n c e - M e d i c a l M a r i j u a n a D i s p e n s a r i e s ) 4 S:\ATTY\Ordinances\2014\Medical Marijuana Ordinance – Draft – Alt. B (vii) Alcoholic beverages. There shall be no sale, service or consumption of alcoholic beverages on the premises or in any parking area, sidewalk, or right-of-way. (viii) Separation distance. A medical marijuana dispensary shall not be located within five hundred (500) feet of any pharmacy, school (as defined in section 1002.01 or 1003.01, Florida Statutes), medical office, daycare center, daycare home, adult living facility or similar type of facility, playground, religious institution, public park, and shall not be located within one thousand six hundred (1,600) of another medical marijuana dispensary. All distance requirements shall be measured by drawing a straight line from the nearest property line of the premises upon which a medical marijuana dispensary is located to the nearest property line of the preexisting protected use. (ix) Hours of operation. Medical marijuana dispensaries shall only operate between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 8:00 a.m. through 12:00 p.m. on Saturday. Medical marijuana dispensaries shall not operate on Sunday. (x) Other Activities. Other than the cultivation, processing and dispensing of medical marijuana permitted herein no medical marijuana dispensary shall sell, market, dispense, provide, exchange, or otherwise vend any other services; product; or drug paraphernalia as defined by federal or state law. (xi) Compliance with other laws. In addition to the laws and ordinances of St. Lucie County all medical marijuana dispensaries shall comply with all applicable federal and state laws. B. Cannabis farms shall be allowed as a permitted conditional use in the IL Zoning. Non-medical marijuana sales shall be prohibited in all zoning districts of the County. All such cultivation shall occur wholly within the structure upon which such medical marijuana facility is located. When considering an application for a cannabis farm, the planning and zoning board and the Board of County Commissioners shall consider the criteria below. The Board may impose additional conditions and safeguard as deemed necessary. (a) Criteria to be considered concerning an application for a cannabis farm; (i) Controlled substance. The on-site sale, provision, or dispensing of medical marijuana is prohibited except as specifically authorized by applicable federal or state law; (ii) Outside display. There shall be no outside display of any products, wares or merchandise. (iii) Separation distance. A cannabis farm shall not be located within five hundred (500) feet of any pharmacy, school (as defined in section 1002.01 or 1003.01, Florida Statutes), medical office, daycare center, daycare home, adult living facility or similar type of 4.2.b Packet Pg. 25 At t a c h m e n t : M e d i c a l M a r i j u a n a O r d i n a n c e - D r a f t - A l t . B ( 2 4 4 1 : O r d i n a n c e - M e d i c a l M a r i j u a n a D i s p e n s a r i e s ) 5 S:\ATTY\Ordinances\2014\Medical Marijuana Ordinance – Draft – Alt. B facility, playground, religious institution, public park, and shall not be located within one thousand six hundred (1,600) of a medical marijuana dispensary or another cannabis farm. All distance requirements shall be measured by drawing a straight line from the nearest property line of the premises upon which a cannabis farm is located to the nearest property line of the preexisting protected use. (iv) Other activities. Other than the cultivation and processing of medical marijuana permitted herein no cannabis farm shall sell, market, dispense, provide, exchange, or otherwise vend any other services; product; or drug paraphernalia as defined by federal or state law. (v) Compliance with other laws. In addition to the laws and ordinances of St. Lucie County all cannabis farms shall comply with all applicable federal and state laws. (b) Cultivation. The term Cultivation shall mean the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof. (i) Outside cultivation of medical marijuana is prohibited. Cultivation shall only be within an enclosed structure on a cannabis farm. Indoor cultivation is limited to fifty (50) square feet of the medical marijuana facility. (ii) Indoor grow lights in any structure shall not exceed an aggregate of one thousand two hundred watts and shall comply with all applicable building code regulations. Gas products (including, without limitation, CO2, butane, propane, and natural gas), or generators shall not be used within any detached structure used for the cultivation of medical marijuana. (iii) Cultivation shall not take place in any area of the cannabis farm which is accessible by the general public. Such areas of cultivation must be restricted to authorized personnel, eighteen years of age or older, of the cannabis farm. Such area of cultivation shall be secured and locked at all times when not occupied by authorized personnel of the cannabis farm. (iv) Such area of cultivation must have a ventilation system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with all applicable building code regulations, including obtaining all required permits and approvals. The ventilation system must be approved by a Florida Licensed Engineer and a Florida Licensed Heating and Ventilation Contractor at the applicant’s expense, and installed prior to commencing cultivation within the fully-enclosed and secure structure. PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 4.2.b Packet Pg. 26 At t a c h m e n t : M e d i c a l M a r i j u a n a O r d i n a n c e - D r a f t - A l t . B ( 2 4 4 1 : O r d i n a n c e - M e d i c a l M a r i j u a n a D i s p e n s a r i e s ) 6 S:\ATTY\Ordinances\2014\Medical Marijuana Ordinance – Draft – Alt. B PART C. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. CODIFICATION. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word “Ordinance” shall be changed to “Section” or other appropriate word. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This Ordinance shall take effect upon filing of a certified copy of this Ordinance with the Department of State. PART I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair XXX Vice Chair XXX Commissioner XXX Commissioner XXX Commissioner XXX PASSED AND DULY ADOPTED this _____ day of ______________, 2014. 4.2.b Packet Pg. 27 At t a c h m e n t : M e d i c a l M a r i j u a n a O r d i n a n c e - D r a f t - A l t . B ( 2 4 4 1 : O r d i n a n c e - M e d i c a l M a r i j u a n a D i s p e n s a r i e s ) 7 S:\ATTY\Ordinances\2014\Medical Marijuana Ordinance – Draft – Alt. B BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA ______________________________ BY: ____________________________ Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: ____________________________ County Attorney 4.2.b Packet Pg. 28 At t a c h m e n t : M e d i c a l M a r i j u a n a O r d i n a n c e - D r a f t - A l t . B ( 2 4 4 1 : O r d i n a n c e - M e d i c a l M a r i j u a n a D i s p e n s a r i e s ) Packet Pg. 29 Co m m u n i c a t i o n : A l e t t e r f r o m t h e S t . L u c i e C o u n t y C h a m b e r o f C o m m e r c e F o u n d a t i o n , I n c . r e g a r d i n g t h e p r o p o s e d c h a n g e s t o C h a p t e r s 4 a n d SCH 15-02 SCHEDULED P&Z MEETING DATES (Dates maybe subject to change especially due to Holidays) AD DEADLINE (10 DAY)AGENDAS MUST BE EMAILED TO P&Z MEMBERS 2 WEEKS BEFORE THE MEETING Thursday, January 15, 2015 Monday, January 05, 2015 Friday, January 02, 2015 Thursday, February 19, 2015 Monday, February 09, 2015 Friday, February 06, 2015 Thursday, March 19, 2015 Monday, March 09, 2015 Friday, March 06, 2015 Thursday, April 16, 2015 Monday, April 06, 2015 Friday, April 03, 2015 Thursday, May 21, 2015 Monday, May 11, 2015 Friday, May 08, 2015 Thursday, June 18, 2015 Monday, June 08, 2015 Friday, June 05, 2015 Thursday, July 16, 2015 Monday, September 07, 2015 Friday, July 03, 2015 Thursday, August 20, 2015 Monday, September 07, 2015 Friday, September 04, 2015 Thursday, September 17, 2015 Monday, September 07, 2015 Friday, September 04, 2015 Thursday, October 15, 2015 Monday, October 05, 2015 Friday, October 02, 2015 Thursday, November 19, 2015 Monday, November 09, 2015 Friday, November 06, 2015 Thursday, December 17, 2015 Monday, December 07, 2015 Friday, December 04, 2015 . P&Z MEETINGS ARE SCHEDULED TO BE HELD AT 6:00PM ON THE 3 rd THURSDAY OF EVERY MONTH BE SURE TO WATCH FOR CANCELLATIONS AND CHANGING DATES AND/OR TIMES SEPTEMBER - BUDGET HEARING (MEETING DATE SUBJECT TO CHANGE TO 9/10 OR 9/24) Packet Pg. 30 Co m m u n i c a t i o n : A p p r o v a l o f t h e 2 0 1 5 P l a n n i n g & Z o n i n g C o m m i s s i o n m e e t i n g s c h e d u l e . ( O T H E R B U S I N E S S )