The URL can be used to link to this page

Home My WebLink About11/18/2014ProofP1113LIC HEARING #2 x:01 PM SPF.CIA.L N1EF.TING [LF.GISLA►TIVE� INDIAN COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: Stan Boling, AICP; o 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 amendments (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 It is the opinion of staff and the County Attorney that those code changes (Ordinance No 2014-018) should be repealed since Amendment 2 failed. WAGENDA\201APublic Hearing No 2 - medical marijuana 111814.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: !P6A 6( 1Z R6 H B M:\AGENDA\2014\Public Hearing No 2 - medical marijuana 111814.docx Indian River Co, Approved Date Admin. Legal r Budget 1 ,� Dept. Risk Mgr. 2 2 11/5/2014 2014 Florida Election Watch Water and Land Conservation - Dedicates funds to acquire and restore Florida' conservation and recreation lands to MyElection (/MvElection/?add=900100) Nonpartisan Compare All Counties (/CompareCounties/?Contestld=9Q0100) Compare by County (/CompareByCounty/?Contestld=900100) Yes for Approval 4,223,814 74.93% No for Reiection 1,412.928 25.07% Use of Marijuana for Certain Medical Conditions to MyElection (/MvElection/?add=909200) Nonpartisan Compare All Counties (IC ompare Counties/?Contestld=990200) Compare by County (/CompareByCounty/?Contestld=900200) Yes for Approval 3,357,537 57.58% No for Rejection 2,473,608 42.42% Amendments require 60% to pass F ,1 PROSPECTIVE APPOINTMENT OF CERTAIN JUDICIAL VACANCIES to MyElection (/MvElection/?add=900300) Nonpartisan Compare All Counties (/CompareCounties/?Contestld=900300) Compare by County (/CompareBvCounty/?Contestld=90Q300) Vc14,� Rt -ti. "od 1 Yes for Approval 2,568,991 47.9% No for Rejection 2,794,256 52.1% Amendments require 60% to pass Source: Florida Division of Elections website 3 http://enight.elections.myflorida.com/Constitutional/Amendment.aspx 1/1 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. ''he 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. Center shall mean an res containing marijuana, related supplies, or educational materials to 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. Use Agriculture Agricultural Production Crops Bold Underline: Additions to Ordinance St 'ke m: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014- MedicalMarijuana.doc District IL 'IG z i Ll 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) Bold Underline: Additions to Ordinance Strike through: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014-_ Medical Marijuana.doc 'P .P _I j i P P P P P P P !P ip i P _ P _ P P P _ P P P !P P i P P P P 2 5 ORDINANCE 2014- Non-durable goods I P Auction facilities unenclosed - Flea market - Recycling center (including vegetation debris mulching) A A Auto and home supply stores P - Gasoline service stations j I? S Boat dealers > - Recreational vehicle dealers P - Motorcycle dealers l - Automobile sales (new and/or used) P - Automotive fluid sales and services (other than gasoline) - A Retail Trade Convenience stores F P Medical Marijuana Treatment Center rJ A Amusement and Recreation Enclosed commercial amusements, gyms, dance studios I� - Eating and Drinking Establishments Restaurants P 1 - Take out restaurants r l P - Drive through } Bars and lounges 1 - Bottle clubs Fuel dealers P Adult entertainment facilities S S Marine-Related Commercial Activities Boat sales and rental P - Commercial marina P - Marine repair and services I P Industrial Manufacturing Food and kindred products P Tobacco products P P Fruit and vegetable juice extraction P Bold Underline: Additions to Ordinance Text from Existing Ordinance 3 StFi a through: Deleted F:\Community Development\CurDev\Ordinances\2014\2014- MedicalMarijuana.doc ORDINANCE 2014 - Fruit and vegetable packing houses :A P Textile products P Lumber and wood ! P Furniture and fixtures P Paper manufacturing '.1 P Printing and related support activities P Chemicals 1 P Petroleum products ! P Rubber and plastics P Tires .I'' P Rubber and plastic footwear' P Hose, belts, gaskets and packing 1) P Fabricated rubber products Drugs and pharmaceuticals P Tanning and finishing j P Footwear P P Other leather goods i P Brick and tile P Glass and glass products P Cement and concrete products P Other nonmetallic mineral products P rY metal industries - Tp Fabricated metal products > P Machine shops I? ! P Industrial machinery and equipment -', P Electronic and other electric equipment j 1 P Transportation equipment - P Instruments and related products 1 P Junk and salvage yards S Demolition debris site is Transportation and Utilities Airports/airstrips S Heli orts/heli ads Bold Underline: Additions to Ordinance 4 Strike thEaughi Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\20I4- MedicalMarijuana.doc ORDINANCE 2014- Railroad and bus transportation services p `r Trucking and courier services p Commercial warehousing & storage I? p Moving and storage p Trucking terminals p Self storage l p Outdoor storage p Vehicle storage lot (paved/unpaved)2 P Postal services p p Water transport services p _ Air transport services _ Pipelines p Transportation Services Communications towers (wireless facilities including cell towers) 3 A3 Communications towers non -wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) Less than 80 feet F P 80 feet or taller (see 971.44(4) for special criteria) S S Commercial Up to 70 feet: Camouflaged p p Non -camouflaged P' P 70 feet to 150 feet: Camouflaged A A Monopole (minimum of 2 users) A A Not camouflaged and not monopole A/S A/S Over 150 feet: All tower types (see 971.44(1) for special criteria) is is Freight transport arrangement g P P P Utilities Public and private utilities, heavy S� S Gas services P P Bold Underline: Additions to Ordinance 5 Stripe through:: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014-_ MedicalMarijuana.doc 8 ORDINANCE 2014- , Electric servicesP Water services Sanitary services P Irrigation systems P Residential Uses Accessory housing (watchmen) 'A A 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, s all 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 table. *See 971.44(4) to determine whether the administrative permit or special exception use 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), 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 treatmel WGIC (West Gifford Industri described in Section 911.23; Avenue; medical marijuana treatment 10 feet of a arimary or a secon be be the th Bold Underline: Additions to Ordinance 6 StFike-a.ro^Ugh: Deleted Text from Existing Ordinance 9 F:\Community Development\CurDev\Ordinances\2014\2014-_ Medical Marijuana. doc 4. 6. E:3 U ORDINANCE 2014 - site, a public park site, or another medical center site; t center of a residentia X e located within ith a Public or a residential land use designation, or within 200 feet of Plan road right-of-way (collector or arterial road); No medical marijuana treatment center site shall be operated to provide drive-through service; On-site consumption of marijuana or alcoholic 1 medical mariivana treatment center site is prohibited. Cultivation of mariivana on a medical marijuana t site is prohibited; foram limited to 8 am — 7 pm Monday throu Saturdays and Sundays; operational plans, that demonstrate on the treatment center site. 10. The medical marijuana treatment ooveraten in a manner tnat prevents escaping the treatment center building. To the maximum extent possible, tl on a went center shall be Ind 8 am — Noon on -r site is prohibited. lity plans i cludin will be dis ours ed I be desig' ed and of mariivana from !nt center shall be designed and operated in a manner that inca measures recommended by the Sheriffs Office. Parking shall he provided at the rate applicable to a 13 The medical mariivana 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 competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. Bold Underline: Additions to Ordinance 7 c.- h-: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014- MedicalMarijuana.doc 10 ORDINANCE 2014- 1%sw SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or inconflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. 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 Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "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, 2014 for a second public hearing to be held on the 18th day of November, 2014, at which time it ws 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 Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and C Deputy Clerk Bold Underline: Additions to Ordinance 8 Stfile through: Deleted Text from Existing Ordinance 11 F:\Community Development\CurDev\Ordinances\2014\2014-_ MedicalMarijuana.doc 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 9 c..h. Deleted Text from Existing Ordinance 12 F:\CommunityDevelopment\CurDev\Ordinances\2014\2014- MedicalMarijuana.doc //{ 116 1l y Indian River Press Journal State of Florida County of Indian River Before the undersigned authority appeared C'0f I C he 't who on oath says the he/she is � M cr, --Qr (Nrr at the INDIAN RIVER PRESS JOURNAL, a daily newspaper published at Vero Beach in Indian River County, Florida, that an advertisement, for �C'i ��eez �0.��n�Lo measuring ZCN column inches, was published in the INDIAN RIVER PRESS JOURNAL in the issue(s) of fy��a � Ga -rd --(F ( , � personally known to me ( )who has produced as identification Sworn to and subscribed before me this day of -11 %A.D. - & Notary Public S;�Y �y' • CATHERINE POLICARE MY COMMISSION u FF 028015 EXPIRES: September 25, 2017 ,p� AQP` Bonded Thru Notary Public Underwriters 13 ct r z D S 1 d r g NSA NOTICE IS HEREBY GIVEN that the Board of Cot commissioners of Indian River County, Florida shall hold public hearings at which parties in interest and citizens s have an opportunity to be heard, in the County Commis" Chambers of the County Administration Complex locate 180127 1h 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 spe land uses, by establishing regulations for medical marij treatment centers, subject to various criteria; and by provi for repeal of conflicting provisions; codification; severab and effective 'date. Said ordinance, if adopted, will establish land devel regulations for medical marijuana treatment centers, in but not limited to locational and design criteria, and process. ty on at ific ana cling i ity; rfient A copy of the. proposed ordinance is available to be inspc by the public at the Planning Division office located ir community development division of the County Administr, Complex Building "A", located at 180127' Street, Vero BE Florida. Anyone who may wish to appeal any decision, v may be made at this meeting, will need to ensure that a verb record of the proceedings is made, which includes testir 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 ACCOMMOD, FOR THIS MEETING MUST CONTACT THE COU AMERICANS WITH DISABILITIES ACT COORDINATOR AT 226-1223 AT LEAST 48 HOL ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan, Chairman XV_ a'llg&no vgoua the hich atim M ON Y'S JA) IN JI « Sa3dddSM3N isvoD iansv3ai Sddid:)s (( +/[OZ'7Zaago}ap plJJ (( 'V8