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Home My WebLink About11/18/2014PUBLIC HEARING #2 5:01 PM SPECIAL MEETING [LEGISLATIVE] INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: Stan Boling, AICP; 90 munity Development Director DATE: November 5, 2014 SUBJECT: FINAL HEARING: Consideration of Amendments to Land Development Regulations (LDRs) Chapters 901 (Definitions), 911 (Zoning), and 971 (Specific Land Use Criteria) to Establish Regulations for Medical Marijuana Treatment Centers It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its 5:01 pm special meeting of November 18, 2014. BACKGROUND On November 4, 2014, the Board of County Commissioners (Board) conducted the first of two public hearings to consider a land development regulation (LDR) amendment establishing medical marijuana treatment center regulations in the event that the medical marijuana constitutional amendment (Amendment 2) was passed by the voters. At its November 4, 2014 hearing, the Board considered the proposed LDR amendment and announced its intention to consider adoption at a special 5:01 pm hearing to be held on November 18, 2014. The Board is now to conduct the 5:01 pm special hearing. ANALYSIS A result of the November 4 elections is that Amendment 2 did not pass, since support for the amendment did not reach the necessary 60% threshold for state constitutional amendmelts (see Attachment #1). Consequently, at this time, high THC -level medical marijuana use is not allowed in Florida and adoption of the proposed LDR amendment is not necessary or appropriate. Therefore, the Board should reject the proposed LDR amendment. In a related matter, on October 21, 2014, the Board adopted changes to the County's pain management clinic regulations to establish non-LDR local regulations for medical marijuana treatment centers. It is the opinion of staff and the County Attorney that those code changes (Ordinance No 2014-018) should be repealed since Amendment 2 failed. M:\AGENDA\2014\Public Hearing No 2 - medical marijuana 11 I814.docx 1 1 �•- RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Reject the proposed LDR amendment; and 2. Authorize the County Attorney to initiate the process for repealing Ordinance No 2014-018 Attachments: 1. Amendment 2 Election Results 2. Proposed LDR Amendment APPROVED AGENDA ITEM: FOR: (flui'.k (g a6Ilk Byc.„, Indian River Co, Approved Date Admin. m'0. // 1)) Legal III r Budget 11 6' A Dept. '►' ii/ // i Risk Mgr. M:\AGENDA\2014\Public Hearing No 2 - medical marijuana 11 1814.docx 2 2 11/5/2014 2014 Florida Election Watch Water and Land Conservation - Dedicates funds to acquire and restore Florida' conservation and recreation lands Nonpartisan Yes for Approval No for Rejection Amendments require 60% to pass a 1' to MyElection (/MvElection!?add=900100) Compare All Counties (/CompareCounties/?Contestld=900100) Compare by County (lCompareByCounty/?Contestld=9001001 4,223,814 74.93% 1,412,928 25.07% Use of Marijuana for Certain Medical Conditions to MyElection (/MvElection/?add=9002001 Nonpartisan Yes for Approval No for Rejection Amendments require 60% to pass i?at'i(e41,1 Vt), Compare All Counties (/CompareCounties/?Contestld=940200) Compare by County (/CompareBvCounty/?Contestld=900200) ri 3,357,537 2,473,608 PROSPECTIVE APPOINTMENT OF CERTAIN JUDICIAL VACANCIES Nonpartisan Yes for Approval No for Rejection Amendments require 60% to pass 57.58% 42.42% to MyElection (/MvElection!?add=900300) Compare All Counties (!CompareCounties!?Contestld=900300) Compare by County (/CompareBVCountvl?Contestld=900300) .voci 2,568,991 2,794,256 47.9% 52.1% Source: Florida Division of Elections website http://enight.elections.myflorida.com/Constitutional/Amendment.aspx 1/1 Nor .r. ORDINANCE 2014 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES; BY AMENDING SECTION 901.03, ESTABLISHING THE DEFINITION FOR "MARIJUANA" AND :MEDICAL MARIJUANA TREATMENT CENTER"; BY AMENDING SECTION 911.11(4), INDUSTRIAL USES; BY AMENDING SECTION 971.13, COMMERCIAL USES TO ESTABLISH CRITERIA FOR MEDICAL MARIJUANA TREATMENT CENTERS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03, To Establish Definitions of "Marijuana" and "Medical Marijuana Treatment Center"; as follows: Marijuana shall mean cannabis as defined in Section 893.02(3), Florida Statutes. The term does not include "low -THC cannabis," as defined in Section 381.986, Florida Statutes if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with Florida Law. Medical Marijuana Treatment Center shall mean an entity that acquires, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes or dispenses marijuana, products containing marijuana, related supplies, or educational materials to qualifying paltients or their personal caregivers and is registered by the Department. SECTION #2: Amend LDR Section 911.11(4), Industrial Uses, to add Medical Marijuana Distribution Facilities, as follows: (4) Uses. Uses in the industrial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings. District Use IL Agriculture Agricultural Production Crops Bold Underline: Additions to Ordinance Sty i' a m: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014- MedicalMarijuana.doc IG 1 4 ORDINANCE 2014 - Horticultural and landscape Plants and specialties Mulch products and services Kennels and animal boarding Services Farm labor and management services Landscape services Veterinary services Commercial fisheries Commercial Construction General building contractors Special trade contractors Personal Services Linen supply Carpet and upholstery cleaning Dry cleaning plants Crematoriums Auto Repair, Services and Parking Automobile parking and storage Automobile Repair Body and paint shops General automotive repair Carwashes Miscellaneous Repairs Electrical repair Reupholstery and furniture Welding Heavy machinery Social Services Job training services Wholesale Trade Durable goods (not including demolition debris site, junkyard, recycling center) P Bold Underline: Additions to Ordinance StrtI e-tlhreug#: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20I4\2014-_ MedicalMarijuana.doc 2 5 ORDINANCE 2014 - Non -durable goods Auction facilities, unenclosed Flea market Recycling center (including vegetation debris mulching) Auto and home supply stores Gasoline service stations Boat dealers Recreational vehicle dealers Motorcycle dealers Automobile sales (new and/or used) Automotive fluid sales and services (other than gasoline) Retail Trade Convenience stores Medical Marijuana Treatment Center Amusement and Recreation Enclosed commercial amusements, gyms, dance studios Eating and Drinking Establishments Restaurants Take out restaurants Drive through Bars and lounges Bottle clubs Fuel dealers Adult entertainment facilities Marine -Related Commercial Activities Boat sales and rental Commercial marina Marine repair and services Industrial Manufacturing Food and kindred products Tobacco products Fruit and vegetable juice extraction P r Bold Underline: Additions to Ordinance Strike t rough: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\20I4- MedicalMarijuana.doc 3 6 ORDINANCE 2014 - Fruit and vegetable packing houses Textile products Lumber and wood Furniture and fixtures Paper manufacturing Printing and related support activities Chemicals Petroleum products Rubber and plastics Tires Rubber and plastic footwear Hose, belts, gaskets and packing Fabricated rubber products Drugs and pharmaceuticals Tanning and finishing Footwear Other leather goods Brick and tile Glass and glass products Cement and concrete products Other nonmetallic mineral products Primary metal industries Fabricated metal products Machine shops Industrial machinery and equipment Electronic and other electric equipment Transportation equipment Instruments and related products Junk and salvage yards Demolition debris site Transportation and Utilities Airports/airstrips Heliports/helipads Bold Underline: Additions to Ordinance Strike--Uxeugh: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20I4\20I4- MedicalMarijuana.doc 4 7 ORDINANCE 2014 - Railroad and bus transportation services Trucking and courier services Commercial warehousing & storage Moving and storage Trucking terminals Self storage Outdoor storage Vehicle storage lot (paved/unpaved)2 Postal services Water transport services Air transport services Pipelines Transportation Services Communications towers (wireless facilities including cell towers) Communications towers (non -wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) Less than 80 feet 80 feet or taller (see 971.44(4) for special criteria) Commercial Up to 70 feet: Camouflaged Non -camouflaged 70 feet to 150 feet: Camouflaged Monopole (minimum of 2 users) Not camouflaged and not monopole Over 150 feet: All tower types (see 971.44(1) for special criteria) Freight transport arrangement Utilities Public and private utilities, heavy Gas services Bold Underline: Additions to Ordinance Stripe -through Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20I4\20I4-_ MedicalMarijuana.doc 5 8 ORDINANCE 2014 - Electric services Water services Sanitary services Irrigation systems Residential Uses Accessory housing (watchmen) P= Permitted use A= Administrative permit use S= Special exception use 'The requirements of section 917.06(11) of the accessory uses and structures chapter, shall apply to towers less than seventy (70) feet. 2 Standards for unpaved vehicle storage lots are found in section 954.08(6). 3 For wireless commercial facilities regulations, see section 971.44(5), Section 4 use tabl *See 971.44(4) to determine whether the administrative permit or special exception us process applies. SECTION #3: Amend LDR Section 971.13, Commercial Uses, to Establish Criteria for Medical Marijuana Treatment Centers, as follows: (6) Medical Marijuana Treatment Center (administrative permit). (a) Districts requiring administrative permit use approval (pursuant to the provisions of 971.04): IG. (b) Additional information requirements: 1. Provide a site plan meeting all the requirements of Chapter 914; 2. Provide in written form information required for a pain management clinic under County Code Chapter 315. (c) Criteria for medical marijuana treatment centers: 1. No medical marijuana treatment center shall be located within the WGIC (West Gifford Industrial and Commerce) overlay area as described in Section 911.23; 2. No medical marijuana treatment center shall be located we Avenue; t of 66th 3. No medical marijuana treatment center site shall be located within 1,000 feet of a primary or a secondary school site, a child care facility Bold Underline: Additions to Ordinance Strike-hro^ugh: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014-_ MedicalMarijuana.doc 6 9 4. ORDINANCE 2014 - site, a public park site, or another medical marijuana treatment center site; within No medical marijuana treatment center site shall be located 5. 500 feet of a residential zoning district, a property with a Public or a residential land use designation, or within 200 feet of a Thoroughfare Plan road right-of-way (collector or arterial road); for or No medical marijuana treatment center site shall be designed 6. operated to provide drive-through service; on a center On-site consumption of marijuana or alcoholic beverages 7. medical marijuana treatment center site is prohibited. Cultivation of marijuana on a medical marijuana treatment 8. site is prohibited; shall be Hours of operation for a medical marijuana treatment center 9. limited to 8 am — 7 pm Monday through Friday and 8 am — Noon on Saturdays and Sundays; Loitering on a medical marijuana treatment center site is prohibited. The applicant shall provide treatment center facility plans, including operational plans, that demonstrate how loitering will be discouraged on the treatment center site. 10. The medical marijuana treatment center shall be desig ed and operated in a manner that prevents the odor of marijuana from escaping the treatment center building. 11. To the maximum extent possible, the treatment center shall be designed and operated in a manner that incorporates security measures recommended by the Sheriff's Office. 12. Parking shall be provided at the rate applicable to a medical office. 13. The medical marijuana treatment center shall comply with applicable requirements of County Code Chapter 315. SECTION #4: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of ompetent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be liminated from this Ordinance and the remaining portion of this Ordinance shall be in full force nd effect and be as valid as if such invalid portion thereof had not been incorporated therein. Bold Underline: Additions to Ordinance St- h: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014- MedicalMarijuana.doc 7 10 ORDINANCE 2014 - SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in� conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or onflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of L ws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be ren mbered or relettered to accomplish such, and the word "ordinance" may be changed to " ection", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 24th day of October, 2014, for a public hearing to be held on the 4th day of November, 2014, and on the 3rd day of November, 2 14 for a second public hearing to be held on the 18th day of November, 2014, at which time it w s moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk Bold Underline: Additions to Ordinance Strike -through:: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014-_ MedicalMarijuana.doc 8 11 ORDINANCE 2014 - This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director Bold Underline: Additions to Ordinance Stri h: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014- MedicalMarijuana.doc 9 12 Indian River Press Journal State of Florida County of Indian River Before the undersigned authority appeared orol F- Ardoc9citc- who on oath says the he/she is t� J Oil r1 . c1.;Ur'1 (N(r at the INDIAN RIVER PRESS JOURNAL, a daily newspaper published at Vero Beach in Indian River County, Florida, that an advertisement, for A_\(\d\oo 41,ee_ lAcLinonCs' was published in the INDIAN RIVER PRESS JOURNAL in the issue(s) of ?J C)bea/V O - -- -2,(?-d a`%\ ki measuring Z'c. column inches, signature CP)) title ( , personally known to me ( )who has produced as identification Sworn to and subscribed before me this 3ILL day of Notary Public r16/A.D. :- SAY ,, CATHERINE POLICARE ;�. MY COMMISSION FF 028015 :;` EXPIRES: September 25, 2017 ;,•:,Q; %�6d Ft°r` Bonded Thru Notary Public Underwriters 13 1 ct 1 1 1 e e rl s 11 r g (ISA NOTICE IS HEREBY GIVEN that the Board of Cou ty Commissioners of Indian River County, Florida shall hold t o public hearings at which parties in interest and citizens s all have an opportunity to be heard, in the County Commisson Chambers of the County Administration Complex locate at 1801 27th Street, Vero Beach, Florida on: FIRST HEARING: Tuesday, November 4, 2014 at 9:00 am, and; SECOND HEARING: Tuesday November 18, 2014 at 5:01 pm to consider amendments to its Land Development Regulat (LDRs); providing for amendments to chapter 901, definiti chapter 911, zoning, and chapter 971, regulations for spec land uses, by establishing regulations for medical marij treatment centers, subject to various criteria; and by provi for repeal of conflicting provisions; codification; severabi and effective 'date. ons ns, ific ana ing ity; Said ordinance, if adopted, will establish land develop ent regulations for medical marijuana treatment centers, inclu s ing but not limited to locational and design criteria, and re iew process. A copy of theproposed ordinance is available to be insp:cted by the public at the Planning Division office located i the community development division of the County Administr, tion Complex Building "A", located at 1801 27th Street, Vero B: ach, Florida. Anyone who may wish to appeal any decision, hich may be made at this meeting, will need to ensure that a ver i atim record of the proceedings is made, which includes testi ony and evidence upon which the appeal is based. Please direct planning -related questions to the current development section at 226-1237. ANYONE WHO NEEDS A SPECIAL ACCOMMODA ION FOR THIS MEETING MUST CONTACT THE COUN I Y'S AMERICANS WITH DISABILITIES ACT ( DA) COORDINATOR AT 226-1223 AT LEAST 48 HOU S IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan, Chairman xvatituria vrio a • JI « 52i3dddSM3N 1Sb'OD 32if1S'd32i1 SddIdDS (c +/LOZ'-7ZaagoPOW2piad cc V$ 11-7 ILI