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HomeMy WebLinkAbout02-02-2017 PZ MinutesCITY 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 Vice Chairman Reyes Mr. Qizilbash Mr. Carter Mr. Hughan (a) Mr. Roth Mr. Simmons (a) Mr. Alvarez Also Present Mr. Robert Ginsburg, City Attorney Ms. Dorri Bosworth, Planner Ms. Susan Mann, Recording Consultant Ms. Dale Simchick, IRC School Board Liaison was not present 4. Announcements and/or Agenda Modifications — None 5. Approval of minutes A. Regular Meeting of January 19, 2017 \� C C C 0;* m d V/ c —E a C co C E a 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 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) MINUTES OF REGULAR MEETING OF FEBRUARY 2, 2017 IJTLCIM 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. 6. 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