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HomeMy WebLinkAbout02-16-2017 PZ AgendaarcaSEBAST��1 — Y HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 AGENDA LOCAL PLANNING AGENCY PLANNING AND ZONING THURSDAY, FEBRUARY 16, 2017 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS ANDfOR AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES Regular meeting of February 16, 2017 6. QUASI-JUDICIAL and PUBLIC HEARINGS • Chairman opens hearing, attorney reads ordinance or resolution or title • Commissioners disclose ex -parte communication • Chairman or attorney swears in all who intend to provide testimony • Applicant or applicant's agent makes presentation • Staff presents findings and analysis • Commissioners asks questions of the applicant and staff • Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presenting factual information shall be sworn but anyone merely advocating approval or denial need not be sworn in) • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Quasi -Judicial Public Hearing — Conditional Use Permit — New Model Home — 123 Sandcrest Circle — Maronda Homes B. Public Hearing — Review and Make a Recommendation to City Council Regarding Ordinance 0-17-01 relating to Medical Marijuana Treatment Centers, Amending the Land Development Code, Article XXII Language & Definitions, Article VI Conditional Use Criteria, and Article V Zoning District Regulations UNFINISHED BUSINESS 8. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, however, it can be extended or terminated by a majority vote of members present 9. NEW BUSINESS 10. COMMISSIONERS MATTERS 11. CITY ATTORNEY MATTERS 12. STAFF MATTERS 13. ITEMS FOR NEXT AGENDA 14. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All Planning and Zoning Commission Meetings are Aired Live on Comcast Channel 25, ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THATA VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 2 CITY OF SEBASTIAN LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) MINUTES OF REGULAR MEETING FEBRUARY 2, 2017 1. Call to Order – Chairwoman Kautenburg called the meeting to order at 6:00 pm. 2. Pledge of Allegiance was recited by all. 3. Roll Call Present: Chairwoman Kautenburg Mr. McManus og Vice Chairman Reyes Mr. Qizilbash 0) C Mr. Carter Mr. Hughan (a) C:.2 Mr. Roth Mr. Simmons (a) 'C Mr. Alvarez C -� C Also Present E Mr. Robert Ginsburg, City Attorney tl. E F� Ms. Dorri Bosworth, Planner C ® a Ms. Susan Mann, Recording Consultant i1Y 5 Ms. Dale Simchick, IRC School Board Liaison was not present c 'a 4. Announcements and/or Agenda Modifications — None ® 0 0 a a CON << 5. Approval of minutes A. Regular Meeting of January 19, 2017 Ms. Kautenburg called for additions, deletions or corrections to the January 19, 2017 minutes. Mr. Reyes stated that on page 7, he is shown as seconding the motion to nominate him as Vice Chair and he could not second the motion. Ms. Bosworth responded that it will be verified and corrected. She requested a motion to accept the minutes as corrected. A motion to accept the January 19, 2017 minutes as corrected was made by Mr. Simmons, seconded by Mr. Carter and passed unanimously by voice vote. 6. Quasi -Judicial Public Hearings — None 7. Unfinished Business A. Discussion Continued – Medical Marijuana Treatment Centers — Establishing Definitions, Establishing Conditional Use Criteria and Allowable Zoning Districts. Ms. Bosworth stated that the first step would be to establish the definition of medical marijuana and medical marijuana treatment centers, then determine the zoning districts F cr Q E m _c O LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) PAGE 2 MINUTES OF REGULAR MEETING OF FEBRUARY 2, 2017 in which the centers would be allowed, and finally establish the specific criteria that would apply to each center. With that information staff would be able to draft the ordinance for the Commission's review. She stated that the City Council had voted unanimously to proceed with the Conditional Use as recommended by the Planning Commission. Ms. Bosworth clarified that to be consistent with State Code the title of the facility has been changed from dispensary to Medical Marijuana Treatment Center, but the location would be for dispensing medication only. There would be no on site treatment or cultivation allowed. Mr. Ginsburg directed the Commissioners to the City of Vero Beach's definition by stating that it specifically allows the dispensing of the medication and prohibits the cultivation or processing of marijuana and stated that this best describes what the City wants to regulate. Mr. Carter suggested incorporating "and Treatment Centers" in the definition. Mr. Ginsburg agreed with the addition. Ms. Kautenburg expressed concern that the definition appears to prohibit compounding medication at the dispensary and suggested allowance for that be considered. Ms. Bosworth stated that in the City's definition staff would include "and Treatment Centers" and language to address on-site mixing or measuring of medication. The Commissioners agreed with that approach for the draft ordinance. Regarding the zoning districts, the consensus was definitely to not allow them in any residential district. Ms. Bosworth clarified that there are some Commercial Limited Tracts that are completely surrounded by residential so those may not want to be considered, also. Mr. Carter and Mr. Roth supported imposing the 1,000 ft. requirement between centers as used by Vero Beach. Ms. Kautenburg stated that these treatment centers should be considered the same as would any other medical dispensary without distance requirements and the consideration that those using the facility are very ill people. Mr. Reyes stated that some separation should be required. Ms. Bosworth explained that the separation distance stated in the City's code is 450 ft. for establishments such as bars, tattoo parlors, etc. Ms. Bosworth suggested that possibly limiting the hours of operation may be a better control than establishing distances. She explained that could be a part of the Conditional Use that would come before the Commission as a Public Hearing for each application. In which case, notification letters would be sent to surrounding residences for their input prior to approval. Mr. Reyes stated that in light of the public perception of marijuana, possibly by establishing a required distance between the facilities or from schools, churches, etc. might make the ordinance less disturbing. LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) PAGE 3 MINUTES OF REGULAR MEETING OF FEBRUARY 2, 2017 Ms. Bosworth provided details on the zoning districts that would be impacted and noted that each application will come before the Commission for a Conditional Use Permit and additional stipulations could be applied on a case by case basis. Mr. McManus expressed his support for controlling the hours of operation rather than distance. He stressed the importance of restricting each center to distributing medical marijuana only and no other products. He agreed with establishing a distance between the centers. Ms. Kautenburg stated that she supports allowing the Centers in the 512 Corridor Zoning District in light of the fact that each application would come before the Commission. As a result of the Commissioners' support of allowing a drive-thru, Ms. Bosworth responded that as long as the ordinance did not prohibit them, a drive-thru could be considered on a site by site basis, with criteria regarding traffic flow, turn radius, queuing, etc. being applied. This information would be included as part of the site plan that would come before the Commission for approval. Ms. Bosworth responded to Mr. McManus' concern about the site not being allowed to sell anything other than medical marijuana by stating the site could be designated as single use. She explained that with the single use criteria, even if a residential building were selected it could only be used for distribution of the medicine and not used as a residence too. Ms. Bosworth re -confirmed that the Zoning Districts in which the centers are being considered are: Commercial Riverfront, Commercial Waterfront Residential, Industrial, Commercial General and C512. The criteria agreed upon was 1000 ft. between establishments, single use site, the hours of operation need to be established. Following an in-depth discussion, with varying opinions, regarding hours of operation, 7am until 7pm, on weekdays and weekends was agreed upon. Mr. Ginsburg advised the Commission that based on the input from the Commissioners, a draft ordinance will be prepared, it will come back for review and Public Hearing. At that time there will be the opportunity for input from residents and the Ordinance can be revised before the second Public Hearing and being sent to City Council. Mr. Ginsburg reviewed the Comparison Chart and noted the Commission's direction. 1. Separation: 1,000 ft. from any other dispensary. 2. Loitering: Omit. 3. On premises consumption: Consumption of medical marijuana prohibited on premises. 4. Drive Thru: Do not list in the ordinance, but address on a site by site basis. 5. Hours of Operation: 7am until 7pm, 7 days. & Exemptions: Omit. 7. Cannabis cultivation: Will be prohibited by the definition language. 8. Zoning process: Will be addressed through the Conditional Use Permit. 9. Odor control: Not applicable. 10. Security: Allow owner to decide, do not make mandatory. 11. Parking: Apply the medical use calculation. LOCAL PLANNING AGENCY (PLANNING AND ZONING COMMISSION) PAGE 4 MINUTES OF REGULAR MEETING OF FEBRUARY 2, 2017 Ms. Bosworth recapped that there have been four conditions identified: 1. Hours of business, 2. Distance between each business, 3. Single use site, and 4. No consumption of medical marijuana on site. She also provided details on which zoning districts will be included and the sections or the ordinance that will be modified. Mr. Ginsburg stated that no formal action is necessary at this time. 8. Public Input Ms. Kautenburg called for public input. Mr. Ben Hocker, Sebastian, provided information regarding businesses which historically not allowed on Indian River Drive and the adjustment of the distance requirement between a liquor store and church. He stressed that this is a medical product, not marijuana as people think of it. He stated that from what he has learned the closest dispensary is in Orlando which makes it difficult for people who need the product. He expressed concern about what has actually been approved by the FDA for distribution. 9. New Business — None 10. Commissioners Matters — None 11. City Attorney Matters -- None 12. Staff Matters Ms. Bosworth stated that the Public Hearing on this Ordinance has been advertised for the Commission's next meeting. In addition to the Public Hearing there will be an accessory structure and a model home on the agenda. Ms. Bosworth reported that the Jackson Street Plat will go to City Council next week and the developer is still in the process of providing necessary information for the building permits, but construction should start shortly; Storeright Mini Storage is ready to bring in their permits as well. 13. Items for Next Agenda — Identified under Staff Matters 14. Adjourn Chairwoman Kautenburg called for any further business, hearing none she adjourned the meeting at 7:16 pm. /sm MLf SEBAST'N HOME OF PELICAN ISLAND Community Development Department Conditional Use Permit Application - Staff Report 1. Project Name: 2. Requested Action: 3. Project Location: a. Address: b. Legal: 4. Project Owner: a. Name: b. Address: C. Agent: 5. Project Description: Model Home Maronda Homes SandCrest Model Home Approval of a conditional use permit for a new model home. 123 Sandcrest Circle, Sebastian Lot 44, SandCrest PUD Subdivision Phase 1 Maronda Homes 1686 West Hibiscus Boulevard Melbourne, FL 32901 Mark Richard, Alex Adams a. Narrative of proposed action: Maronda Homes is requesting a model home permit for the single-family residence constructed at 123 Sandcrest Circle. Required parking will be located on the adjacent Lot 43 which includes an existing gravel parking area (for the previously approved Holiday Builders model home), a paved handicapped parking space, and an ADA accessible portable restroom. b. Current Zoning: PUD -R C. Adjacent Properties: Zoning Current Land Use Future Land Use North: PUD -R vacant/parking area MDR East: RM -8 apartments MDR South: PUD -R vacant MDR West: PUD -R stormwater lake MDR d. Site Characteristics: (1) Total Acreage: .11 acres +.I1 acres (2) Current Land Use: house + shared model parking area 6. Required Findings: Conditional Use Criteria: Does Does Not a. Comply Comply a. Be so designed, located, and proposed to be operated so that J J the public health, safety and welfare will be protected. No construction materials orequipment stored at model. b. Not present an unduly adverse effect upon other properties in J J the impacted area in which it is located. The scale, intensity All signs conform to city code; not to exceed 6 sf; max. 6' high and operation of the use shall not generate unreasonable No glare or traffic impediment from house illumination. J noise, traffic, congestion or other potential nuisances or Provide 5 parking spaces, 10' from side property line, 30' from corner. hazards to contiguous residential properties. C. Conform to all applicable provisions of the district in which J the use is to be located. d. Satisfy specific criteria stipulated for the respective J conditional use described in subsection 54-2-6.4(29). Conditional Use Criteria: 8. Additional Considerations: Applicant will need to verify, for the record, that no construction materials or equipment will be stored at the model. The model sign requires a separate building permit, and landscape lighting for the sign is allowable. If approved, flags (with the exception of the American flag), and off -premise signs are prohibited. Maronda Homes and Holiday Builders will be sharing the adjacent parking area for both their required model home parking. Holiday Builders currently owns the lot, and has given written authorization — see attached email — to allow Maronda's customers to park and use the port -o -let. If Holidays Builders ceases their model home use, and sells the parking lot parcel, Maronda Homes will need to submit to the City a new parking plan providing the required 5 spaces necessary to continue their model home use. Does Does Not Comply Comply a. Not to be used as contractors main office. J b. Meets district regulations for lot and yard dimensions. J C. No construction materials orequipment stored at model. d. Business hours of 9:00 a.m. to 6:00 p.m. Limit of two staff. J e. All signs conform to city code; not to exceed 6 sf; max. 6' high f. No glare or traffic impediment from house illumination. J g. Provide 5 parking spaces, 10' from side property line, 30' from corner. 8. Additional Considerations: Applicant will need to verify, for the record, that no construction materials or equipment will be stored at the model. The model sign requires a separate building permit, and landscape lighting for the sign is allowable. If approved, flags (with the exception of the American flag), and off -premise signs are prohibited. Maronda Homes and Holiday Builders will be sharing the adjacent parking area for both their required model home parking. Holiday Builders currently owns the lot, and has given written authorization — see attached email — to allow Maronda's customers to park and use the port -o -let. If Holidays Builders ceases their model home use, and sells the parking lot parcel, Maronda Homes will need to submit to the City a new parking plan providing the required 5 spaces necessary to continue their model home use. 9. Conclusion: The proposed use is consistent with Section 54-2-6.4(29) of the Land Development Code of the City of Sebastian, with conditions listed below. 10. Recommendation: Staff recommends approval of this model home permit for a one-year period conditional on the following: 1. No construction materials or equipment will be stored at the model 2. Obtain a building permit for the model sign 3. Submittal of a new parking plan if, and when, the shared parking lot/parcel is not available for parking. caiv� a -10-1-7 Prepared by Date Dorri Bosworth From: Alex Adams <adamsa@maronda.com> Sent: Tuesday, February 07, 2017 8:28 AM To: Dorri Bosworth Subject: Fwd: Sandcrest Parking Maronda TUP Attachments: doc20170207083954.pdf Hello Dorri, Will the below email suffice for authorization on the parking lot? Also attached is the survey showing the location of our model home sign. Alex Adams Maronda Homes Division Coordinator Office: 321-725-5645 x3708 Cel 1:321-537-4822 From: 'Richard Brown" <RBrown@holidaybuilders.com> To: "Alex Adams" <adamsa@maronda.com> Sent: Tuesday, February 7, 2017 8:02:17 AM Subject: RE: Sandcrest Parking Alex, Sorry for the delay. I have been in and out of town for past few weeks. I need to get with our Comptroller on cert. of insurance for liability but use this email as "Authorization to Use the Sandcrest Parking Lot owned by Holiday Builders." Richard A. Brown Division President - Florida Region `HOLIDAY t•1 BUILDERS` 2293 W. Eau Gallie Blvd., Melbourne, FL 32935 p: 321-610-5914. c: 321-288-8601. f: 888-321- 5082. www.holidaybuilders.com rbrown@holidavbuilders.com The information contained in this email message is intended only for the personal and confidential use of the recipients named. If you are not the intended recipient or an agent responsible for delivering it to the intended recipient, you are notified that you have received this document in error and that any review, dissemination, distribution or duplication of this message is PROHIBITED. If you received this message in error, notify us IMMEDIATELY by email and permanently delete all versions of the original message on your network. WAPlease consider the environment before printing this e-mail. LEG JOB NoI 43 DEAL O RR X VVMVNXWVS.iEP.ETNFIFE CA SEMRWXS . Am NAL +WEIIG NnnVl PAN. OF 1. EGLI N/b AT PC IN F�m6 FVNUC VI `VA k 0.PAWA¢ S.UENAT (tg 8905) N �A . 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ROMDA PSM 6931 OF RGROA D/P' 550/39 1/30/17 001 OdaIM m..t N.15P.ma FL SZBM MAP OF BOUNDARY & TOPOGRAPHIC SURVEY FOR PROJECT NO: I.A. R9UNNEH Pnm. 021)]2B-1BHN m= (azl) ns-Bsm 055-17 DaAxx an LEE $CAE i•= 20' In(aA„utmv-no9m.eom MAROND6 HOMES SEC. 1 CHECJCEP BY, °V'e' 9 AGEN �-�/ NGINEERS TNP.31 5, JEB 058-17 CONSULTING END CA N0� 29254 RNI RNG. 38 E. Permit Application No. z wN City of Sebastian HOME OF PFIFCAN ISIANO Development Order Annlication Applicant If not owner, written authorization notarized from owner is re uired Name: Lot: Block: L f Address: FL Phone Number. (.3�) 7 - ���5 FAX Number: ( ) E -Mail: I CDD.-, LI rP_r . Owner If different from applicant) Name: Address: Phone Number: ( ) FAX Number: ( ) E -Mail: Title of permit or action requested: L)d-e�' PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address: ia'� .5ft00P_&-, - C'r2el� Lot: Block: L f Unit: Subdivision: c pto% ' ISC: _-L Indian River County Parcel #: 31-38'-01 -00005- D000-000r-(�.o Zonin,a Al ssificatio Future Land Use: A4 b9, Existing Use: Proposed User= S 16 &W - T -G o0 FA C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED:I/a/ 1-I FEE PAID: $ LO RECEIVED�Y: Y_ Permit Application No. D. Project Personnel: Agent: Name: Address Phone Number: ( ) FAX Number: ( ) E -Mail: Attorney: Name: Address Phone Number: ( ) FAX Number: ( ) E -Mail: Engineer: Name: Address Phone Number: ( ) FAX Number: ( ) E -Mail: Surveyor: Name: Address Phone Number: ( ) FAX Number: ( ) E -Mail: BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER AM THE LEGAL REPRESENTATIVE O THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OFHIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE THE BEST F"MY' KNOWLEDGE AND BELIEF. SIGNATURE\� J DATE n SWORN TO AND SSLBSr RIBED BEFORE ME BY , vl � aL "� c kvV _per WHO I P4F_RSONALLY KNOWWME OR PROD fl AS IDENTIFICATION, THIS o DAY OF L� 1�i1 , 20 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./EXPIRATION SEAL: Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (Including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, _ THE OWNER(S) / _' THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATfION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE-Z�6'ZMM BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND NLLS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MAD !Y EMPLOYEE, NT, J 6 TRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. ----'� 11 D sl1 SIGNATURE DATE Sworn toan bed before me by 'Iy1.K4 whois ersonally known a or produ d as id e i ' r`" , is� day ofrJ, 20 1—) Notary's Signature Printed Name of Notary 1 r Commission No./Expirations Seal: rMMtl16 • T�<, . O �G arch 16.2 Fdo°•• NEE 681131 : a Permit Application No. .11 T Supplemental Information WhIF 1F MUUN K"NO Conditional Use Permit, Model Home 1. Type of permit : — initial applicationrenewal _ 2. Describe the hours of business: joct , T _ 3. Describe any on -premise signs (size and location). �- Z - re -- © C mDnv,i sr`gtn i� _ 4. is the proposed model home to be illuminated? If so, describe illumination plan. S3in Ox-� (-<Sic�zv� � (i Permit Application No. FT cribe how the propose use will not adversely effect other properties. If not, not:�`Ct GoMMvn1 LM Lr SEAT_" HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastion.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Public Hearing for Proposed Ordinance 0-17-01 Medical Marijuana Treatment Centers - Amending Land Development Code Article V - Zoning District Regulations; Article VI — Conditional Use Criteria; and Article XXII — Language and Definitions DATE: February 10, 2017 The Local Planning Agency (Planning and Zoning Commission) met on February 2, 2017 and discussed Medical marijuana treatment centers, including definitions, allowable zoning districts, and specific conditional use criteria. Proposed Ordinance 0-17-01 is attached for your review. Please note that Section 54-1- 2-7(b), Procedures for adopting, supplementing of amending the land development code, states: (3) Planning and zoning commission review. The planning and zoning commission, regardless of the source of the proposed zone change petition or change to the land development code, shall hold a public hearing. If the official zoning map is proposed for amendment, the public hearing shall be conducted after proper public notice is given as required by Section 54-1-2.8. The planning and zoning commission shall submit a written report and recommendation concerning the proposed change to the official zoning map or to the land development code to the city council for official action. In its deliberations the planning and zoning commission shall consider the following criteria: a. Consistency with plan. Whether the proposal is consistent with the comprehensive plan. The commission shall identify any inconsistencies. b. Conformance with ordinances. Whether the proposal is in conformance with any applicable substantive requirements of the City of Sebastian Code of Ordinances. c. Changed conditions. Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations involved which are relevant to the amendment. d. Land use compatibility. Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved. e. Adequate public facilities. Whether, and the extent to which, the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and similar necessary facilities and services. f. Natural environment. Whether, and the extent to which, the proposal would result in significantly adverse impacts on the natural environment. g. Economic effects. Whether, and the extent to which, the proposal would adversely affect the property values in the area, or the general welfare. h. Orderly development. Whether the proposal would result in an orderly and local development pattern. Any negative effects on such pattern shall be identified. i. Public interest: enabling act. Whether the proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and interest of this ordinance and its enabling legislation. j. Other matters. Other matters which the planning and zoning commission may deem appropriate. Recommendation: Hold a public hearing, and review Ordinance 0-17-01 in light of the above considerations. Staff recommends forwarding to City Council a recommendation to approve Ordinance 0-17-01. D. Bosworth, Planme� ORDINANCE 0-17-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO MEDICAL MARIJUANA TREATMENT CENTERS; AMENDING THE LAND DEVELOPMENT CODE ARTICLE XXII (LANGUAGE AND DEFINITIONS); AMENDING ARTICLE VI (CONDITIONAL USE CRITERIA); AMENDING ARTICLE V (ZONING DISTRICT REGULATIONS); PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on November 8, 2016, voters in Florida adopted an amendment to the Florida Constitution entitled "Use of Marijuana for Debilitating Medical Conditions" (in the City of Sebastian the amendment passed with 71 % of the vote); and WHEREAS, the City Council has determined that it is in the best interests of and would serve to promote and protect the public health, safety, and welfare to regulate the location and operation of medical marijuana treatment centers in the City; and WHEREAS, the City Council has the responsibility and authority pursuant to the City's home rule powers to determine uses that are suited for particular zoning categories and land use categories within the City; and WHEREAS, the City Council has determined that given the potential impact from medical marijuana treatment centers on the surrounding area, said treatment centers should be allowed within specific zoning districts as a conditional use; and WHEREAS, the City Council has determined that it is advisable and in the public interest to consider location, site and operational requirements, and other standards in regard to the location and operation of medical marijuana treatment centers as a conditional use; and WHEREAS, the City Council finds the adoption of this Ordinance is in the public interest by serving to promote and protect the public health, safety, and welfare and otherwise serves a municipal purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That Article XXII, Language and Definitions, of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: Sec. 54-5-22.2. - Definition of terms. Marijuana. Marijuana shall mean cannabis as defined in Section 893.02(3) Florida Statutes. The term shall include "low -THC cannabis," as defined in Section 381 986(1)(b) Florida Statutes. Medical marijuana treatment centers A facility, operated by a person authorized by law and holding all necessary licenses and permits from the State of Florida in accordance with local and state laws, that possesses or dispenses marijuana products containing marijuana related medical marijuana and/or medical supplies or educational materials to qualif nnng patients or their personal caregivers for medical use. This definition excludes any cultivation or processing (including development of related products such as food, tinctures aerosols, oils, or ointments) of marijuana. Section 2. That Article VI, Conditional Use Criteria, of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: Sec. 54-2-6.4. - Specific criteria for approving a conditional use. In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a finding that the proposed conditional use complies with the requirements for the respective conditional use as specified below: (27) .Medical marijuana treatment centers: a. Applicable zoning districts. Medical marijuana treatment centers shall be permitted as a conditional use in the following zoning districts: C-512. CG CR CWR and IN. b. Conditional use criteria. Medical marijuana treatment centers will be allowed provided the following conditions are met: 1. No site shall be located closer than 1.000 feet door-to-door to any other medical marijuana treatment center along the same or intersecting street or highway-- 2. ighway2. The medical marijuana treatment center shall be the only use of the site. Mixed zoning uses on the same property are not allowed. 3. Consumption of medical marijuana and alcohol are prohibited on the entire site where the treatment center is located Appropriate signage shall be required 4. Business activity may be conducted at the treatment center only between the hours of 7:00 a.m. and 7:00 p.m., seven days per week Section 3. That Article V, Zoning District Regulations, of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: Sec. 54-2-5.3.1. - Commercial -512 District (C-512). (c) Conditional uses: Child care services Nursing homes Medical marijuana treatment centers Protective and emergency services, public Utilities, public and private Parks and recreation, public Gasoline sales, retail Veterinary services Commercial retail with > 5,000 sq. ft. Accessory uses to conditional uses See. 54-2-5.3.3. - Commercial General District (CG). (c) Conditional uses: Bars and lounges Commercial retail > 20,000 sq. ft. Business and professional offices with drive-through facilities Farmer's market Funeral homes Pawn shops Nursing homes Medical marijuana treatment centers Child care services Utilities, public and private Parks and recreation, public Protective and emergency services, public Restaurants with drive-through facilities 3 Vehicular service and maintenance Veterinary services Wholesale trades and services Commercial amusements, enclsed Accessory uses to conditional uses Mini -storage Sec. 54-2-5.4. - Commercial Riverfront (CR). (c) Conditional uses: Utilities, public and private Protective and emergency services, public Commercial retail > 10,000 sq. ft. Child care services Churches Plant nurseries Funeral homes Accessory uses to conditional uses Parks and recreation, public Nursing homes Medical marijuana treatment centers Commercial amusements, enclosed Restaurants, with drive-through facilities Farmer's markets Parking lots without buildings on the lot Veterinary services Business and professional offices with drive-through facilities Vehicular service and maintenance Sec. 54-2-5.5. - Commercial Waterfront Residential District (CWR). 4 (c) Conditional uses: Model homes Educational institutions, marine related Commercial retail > 5,000 sq. ft. Business & professional offices, excluding drive-through facilities Medical marijuana treatment centers Utilities, public and private Foster care/group homes with > 6 residents Parks and recreation, public Hotels and motels Parking lots without a building on the lot Protective and emergency services, public Bed and breakfast Wet or dry storage of boats Accessory uses to conditional uses Sec. 54-2-5.6. - Industrial District (IN). (c) Conditional uses: Commercial retail with > 5,000 sq. ft. Hotels and motels Medical marijuana treatment centers Mini -storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets Accessory uses to conditional uses N Section 4. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Andrea Coy Councilmember Ed Dodd Councilmember Jim Hill Councilmember Linda Kinchen The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2017. CITY OF SEBASTIAN, FLORIDA M ATTEST: Jeanette Williams, MMC City Clerk Mayor Bob McPartlan Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg City Attorney Note: Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect.