Agenda Packet 1-27-18CITY OF ATLANTIC BEACH
TOWN HALL MEETING
10 A.M. TO NOON SATURDAY, JANUARY 27,2018
COMMISSION CHAMBER
AGENDA
Call to Order at 1 0 a.m.
1. Discussion regarding proposed medical marijuana dispensary ordinance
2. Discussion regarding proposed automobile fuel/service station ordinance
3. Discussion on other topics, if time allows
Adjoum
Medical Marijuana Ordinance
Draft 1/22/2018
Sec. 24-17. -Definitions
Medical Marijuana Treatment Center Dispensing Facility shall mean a place where medical
marijuana is dispensed, which is licensed and regulated according to §381.986 of the Florida
Statutes .
Pharmacy shall mean a place where pharmaceuticals are dispensed .
Sec. 24-110.-Commercial limited district (CL).
(b) Permitted uses. The uses permitted within the CL zoning districts shall be as follows:
(1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry
cleaning pick-up, tailors or dressmakers; low intensity retail sales of items such as
wearing apparel, toys, sundries and notions, books and stationery, luggage and jewelry
and similar uses; but not sale of lumber, hardware or building materials or similar
products.
(2) Ali galleries, libraries, museums and cultural centers.
(3) Medical and dental offices, but not clinics or hospitals.
(4) Professional offices such as accountants, architects, attorneys, engineers, optometrists
and similar uses.
(5) Business offices such as real estate broker, insurance agents, manufacturing agents and
similar uses.
(6) Banks and financial institutions without drive-through facilities.
(7) Convenience food stores without fuel sales, but not supermarkets.
(8) Restaurants without drive-through facilities.
_(9) Drug stores and pharmacies.
(+G.2 ) Gove1nment uses, buildings and facilities.
(-!+10 ) Child care centers in accordance with section 24-152.
(l-1-11) Residential use not to exceed the medium density category as established by the
comprehensive plan.
(+J-12 ) Mixed use projects combining the above permitted uses and those approved as a
use-by-exception pursuant to subsection (c) below.
Sec. 24-111. -Commercial general districts (CG).
(b) Permitted uses. It is not possible to list all potential permitted or prohibited general
commercial uses within this section, but typical uses permitted within the CG zoning district
shall include neighborhood serving uses, which shall mean low intensity commercial uses
intended to serve the daily needs of residents of the surrounding neighborhoods. Such uses
shall not include manufacturing, warehousing, storage or high intensity commercial
activities, or commercial uses of a regional nature, or such uses that have the potential for
negative impacts to sunounding neighborhoods and properties due to excessive traffic,
noise, light or extremely late hours of operation or other factors that may adversely affect
existing commercial uses or any nearby residential uses.
Pe1mitted uses shall also not include adult entertainment establishments, indoor or outdoor firing
ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement or game
centers, tattoo or body ariists, pawn shops, bingo halls, billiard or pool halls, game arcades,
gaming, video poker establishments, computer game centers, or games played on individual
machines or computers, including any type of card, token or coin-operated video or simulated
games or similar activities or machines which are played for any type of compensation or
reward.
Where a proposed use is not specifically listed in this section, the permissibility of the use will be
determined based upon its similarity to listed uses and the compatibility and potential for adverse
impacts to existing nearby uses. The uses pe1mitted in the CG zoning district shall include the
following subject to the limitations as set f01ih within following subsection (d). Unless otherwise
and specifically provided for herein, all business activities, products for sale and services must be
located within an enclosed building properly licensed for such use.
(1) Retail outlets for the sale of food and nonprescription drugs, wearing apparel, toys,
books and stationery, luggage, jewelry, art, florists, photographic supplies, sporting
goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not
wholesale bakery), home furnishings and appliances, office equipment and furniture,
hardware, lumber and building materials, auto, boat and marine related pmis, and
similar retail uses.
(2) Service establishments such as barber or beauty shop, shoe repair, restaurants with
indoor or outdoor seating areas but without drive-through facilities, health clubs and
gyms, laundry or dry cleaner, funeral home, printing, radio and television and
electronics repair, lawn cm·e service, pest control companies, surf board repair in
association with surf shops, but not the production of surfboards, and similar service
uses.
(3) Banks with or without drive-through facilities, loan companies, m01igage brokers,
stockbrokers, and similar financial service institutions.
(4) Child care centers in accordance with section 24-152.
(5) Business and professional offices.
(6) Retail plant nursery, landscape and garden supplies. Live plants and nursery stock may
be located outside of the adjacent building licensed for such business, provided no
obstruction to walkways, parking and internal driving aisles is created.
(7) Retail sale of beer and wine only for off-premises consumption.
(8) On-premises consumption of beer and wine only in conjunction with a full service
restaurant, which is a food service use where unpackaged ready-to-consume food is
prepared onsite and served to the customer while seated at tables or counters located in
a seating area within or immediately adjacent to the building.
(9) Automobile service station with minor automotive repair and with accessory car wash.
( Note: Heavy automotive repair not pe1mitted per Ordinance [Number] 90-06-197,
adopted 12-11-06).
(10) Theaters, but not a multi-screen (exceeding two (2) screens) or regional cineplex.
(11) Hotel, motel, motor lodge, res01i rental or tourist comi and short-te1m rentals as defined
within section 24-17.
(12) Institutional and government uses, buildings and facilities.
(13) Churches in accordance with section 24-153.
(14) A single dwelling unit, where such dwelling is an accessory use to the principal use and
located within the same building as the principal use. Such dwelling unit is intended to
be occupied by the owner or an employee of the principal use.
(15) Those uses listed as permitted uses and uses-by-exception in the commercial limited
and commercial, professional and office zoning districts.
(16) Residential use, consistent with the comprehensive plan, which pe1mits residential uses
not exceeding the medium density category when in conjunction with, or adjacent to
commercial development and redevelopment, provided that such residential
development shall not be pe1mitted within the coastal high hazard area. Policy
A.1.11.1(b).
Single-family residential uses within the CG zoning districts existing as of the initial
effective date of these land development regulations shall be considered as vested
development.
(17) Mixed use projects combining the above uses and those approved as a use-by-exception
pursuant to subsection (c) below.
(18) Phannacies and Medical Marijuana Treatment Center Dispensing Facilities subject to
the requirements of Section 24 -169 .
(c) Uses-by-exception. Within the CG zoning district, the following uses may be approved as a
use-by-exception where such proposed uses are found to be consistent with the uses
pe1mitted in the CG zoning districts with respect to intensity of use, traffic impacts and
compatibility with existing commercial uses and any nearby residential uses:
(1) Pet kennel and facilities for the boarding of animals.
(2) Veterinary clinic.
(3) On-premises consumption of alcoholic beverages in accordance with chapter 3 of this
Code.
(4) Restaurants with drive-through service where the site contains lanes dedicated solely to
drive-through business (this shall not be construed to prohibit restaurants with carry-out
service, which are a permitted use).
(5) Limited wholesale operations, not involving industrial products or processes or the
manufacturing of products of any kind.
(6) Contractors, not requiring outside storage, provided that no manufacture, construction,
heavy assembly involving hoists or lifts, or equipment that makes excessive noise or
fumes shall be pe1mitted. Not more than one (1) contractor related vehicle shall be
parked outdoors on a continuous basis.
(7) Produce and fresh markets with outdoor sale and display of garden produce only.
(8) Cabinet shops, woodworking shops and surfboard production.
(9) Hospitals.
(1 0) Sale of new and used automobiles, motorcycles and boats, and automotive leasing
establishments, but not temporary car, truck, boat or motorcycle shows or displays.
(11) Businesses offering live entertainment, not including adult entertainment establishments
as defined by Section 847.001(2), Florida Statutes.
Sec . 24-169.-Phannacies and Medical Marijuana Treatment Center Dispensing Facilities
(a) Pharmacies and Medical Marijuana Treatment Center Dispensing Facilities shall not be
located within 500 feet of each of the following:
(1) Existing pharmacies and Medical Marijuana Treatment Center Dispensing Facilities,
including but not limited to those outside the City limits;
(2) Public and private schools, including but not limited to those outside the City limits;
(3) Religious institutions , including but not limited to those outside the City limits; and
(4) Child Care Centers including but not limited to those outside the City limits.
(b) Pharmacies and Medical Marijuana Treatment Center Dispensing Facilities shall be
located on a parcel with frontage on either Atlantic Boulevard or Maypmi Road.
(c) Pursuant to §381.986 of the Florida Statutes, Medical Marijuana Treatment Center
Dispensing Facilities shall:
(1) Not dispense or sell any other type of cannabis, alcohol, or illicit drug-related
product, including pipes, bongs, or wrapping papers, other than a marijuana delivery
device required for the medical use of marijuana and which is specified in a physician
ce1iification.
(2) Ensure the safety and security of premises where the storing, or dispensing of
marijuana occurs, and to maintain adequate controls against the diversion, theft, and
loss of marijuana or marijuana delivery devices, a medical marijuana treatment center
dispensing facility shall:
a. Maintain a fully operational security alarm system that secures all entry points
and perimeter windows and is equipped with motion detectors: pressure
switches; and duress, panic, and hold -up alarms; and
b. Maintain a video surveillance system that records continuously 24 hours a day
and meets the following criteria:
(I) Cameras are fixed in a place that allows for the clear identification of
persons and activities in controlled areas of the premises. Controlled areas
include grow rooms, processing rooms, storage rooms, disposal rooms or
areas, and point-of-sale rooms.
(II) Cameras are fixed in entrances and exits to the premises, which shall
record from both indoor and outdoor, or ingress and egress, vantage
points.
(Ill) Recorded images must clearlvand accurately display the time and date.
(IV) Retain video surveillance recordings for at least 45 days or longer upon
the request of a law enforcement agency.
(3) Ensure that the medical marijuana treatment center's outdoor premises have sufficient
lighting from dusk until dawn.
(4) Ensure that the indoor premises where dispensing occurs includes a waiting area with
sufficient space and seating to accmmnodate qualified patients and caregivers and at
least one private consultation area that is isolated from the waiting area and area
where dispensing occurs. A medical marijuana treatment center may not display
products or dispense marijuana or marijuana delivery devices in the waiting area .
(5) Not dispense from its premises marijuana or a marijuana delivery device between the
hours of 9 p.m. and 7 a.m., but may perform all other operations and deliver
marijuana to qualified patients 24 hours a day.
(6) Store marijuana in a secured, locked room or a vault.
(7) A medical marijuana treatment center may not engage in advertising that is visible to
members of the public from any street, sidewalk, park, or other public place, except:
a. The dispensing location of a medical marijuana treatment center may have a
sign that is affixed to the outside or hanging in the window of the premises
which identifies the dispensary by the licensee's business name, a depmiment
approved trade name, or a department-approved logo. A medical mm·ijuana
treatment center's trade name and logo may not contain wording or images
commonly associated with marketing targeted toward children or which
promote recreational use of marijuana.
b . A medical marijuana treatment center may engage in Internet advertising and
marketing under the following conditions :
(I) All advertisements must be approved by the depmiment.
(II) An advetiisement may not have any content that specifically targets
individuals under the age of 18, including cartoon characters or similar
Images .
(III) An advetiisement may not be an unsolicited pop-up advetiisement.
(IV) Opt-in marketing must include an easy and permanent opt-out feature .
(8) Each medical marijuana treatment center that dispenses marijuana and marijuana
delivery devices shall make available . to the public on its website:
a . Each marijuana and low-THC product available for purchase, including the
form, strain of marijuana from which it was extracted, cannabidiol content,
tetrahydrocannabinol content , dose unit, total number of doses available, and the
ratio of cannabidiol to tetrahydrocmmabinol for each product.
b . The price for a 30-day, 50-day, and 70-day supply at a standard dose for each
marijuana and low-THC product available for purchase.
c. The price for each marijuana delivery device available for purchase.
d. If applicable, any discount policies and eligibility criteria for such discounts.
Working Draft: Automotive Service Stations
1/24/18
Sec. 24-17. -Definitions.
Car wash shall mean an area of land or a structure with either a machine or hand operated
facilities, used principally for the cleaning, washing, polishipg ot waxing of motor vehicles, but
shall not include any type ofrepair or servicing of motor vehiCles or the dispensing of automotive
fuels. Car washes shall be located at least 100 feet of the lot line of any property that is
residentially zoned and shall be treated as a vehicle use area requiring landscaping in accordance
with Article III, Division 8 of this chapter. -~
Convenience store shall mean an establishment of no more than sev enty-five hundred (7,500)
square feet of conditioned space used for the retail sale of consumable g od ds and may include sit-
down restaurants.
Electric charging station shall mean a parking space or poriion of a property containing a
device used to transmit electricity to tbe,batteries of in~tor vehicles.
Fuel pump shall mean fixed eqlli prnenuhat dispen ses flammable or combustible liquids or
gases used as fuel in motor vehicles, tYJ?icllily':'aesigned as a s!ngle unit capable of dispensing fuel
to two motor vehicles at a time. ·
Gas station shall mean establislunents ~used :f
~
OFthe -retail s al~ of gasoline, diesel, propane,
hydrogen or other fuels intended for use in inotor ve1iie'1~-::-_
Sen·ice station, qpto!1Wtive shallmean mi?lh Qilding, stn1etllfe or land used for the dispensing,
sale or offering for saie ~f re_tail of any automoBile fuel, oils or accessories, and in connection with
>vvhich is performed minot automotive service, btltnot heavy automotive repair.
Sec. 2L:J.,)IO . -Commercfa1 l_imitea district (CL).
(c) Uses-by-exception. Withiil the CL z:oning district, the following uses may be approved as a
use-by-ei ception. - _ ~
(1) Medical'or dental clinics ~
(2) Churches ~ctcommunjty _centers.
(3) Banks and fi t;f~ndal institUtions with drive-tlu·ough facilities.
_(4) Com'Emience fo qd stores with retail sale of gasoline limited to si)c (6) fueling positions.
(~1) Printing shops.
(62) Spas, gyms, health clubs and schools for the fine or performing mis or martial mis.
Sec. 24-111. -Commercial general districts (CG).
(b) Permitted uses. It is not possible to list all potential petmitted or prohibited general
commercial uses within this section, but typical uses petmitted within the CG zoning district
shall include neighborhood serving uses, which shall mean low intensity commercial uses
intended to serve the daily needs of residents of the sunounding neighborhoods. Such uses
shall not include manufacturing, warehousing, storage or high intensity commercial activities,
Page 1
or commercial uses of a regional nature, or such uses that have the potential for negative
impacts to sunounding neighborhoods and properties due to excessive traffic, noise, light or
extremely late hours of operation or other factors that may adversely affect existing
commercial uses or any nearby residential uses.
Permitted uses shall also not include adult entertainment establishments, indoor or outdoor firing
ranges, indoor or outdoor flea markets, vendors on public rights-of-way, amusement or game
centers, tattoo or body miists, pawn shops, bingo halls, billiard or pool halls, game arcades,
gaming, video poker establishments, computer game centers, or games played on individual
machines or computers, including any type of card, token or coin-operated video or simulated
games or similar activities or machines which are played for any type of compensation or reward .
Where a proposed use is not specifically listed in this section, the pe1missibility of the use will be
determined based upon its similarity to listed uses and the compatibility and potential for adverse
impacts to existing nearby uses. The uses pe1mitted in the CG zoning district shall include the
following subject to the limitations as set forth within following subsection (d). Unless otherwise
and specifically provided for herein, all business activities, products for sale and services must be
located within an enclosed building properly licensed for such use.
(1) Retail outlets for the sale offood and drugs, wearing apparel, toys, books and stationery,
luggage, jewelry, mi, florists, photographic supplies, spmiing goods, hobby shops and pet
shops (not animal kennel or veterinarian), bakery (but not wholesale bakery), home
furnishings and ·appliances, office equipment and furniture, hardware, lumber and
building materials, auto, boa.t and marine related pm1s~ and similar retail uses.
(2) Service establishments such as barber or beauty shop, shoe repair, restaurants with indoor
or outdoor seating areas but without drive-through facilities, health clubs and gyms,
laundry or dry cleaner, fuperal home, printing, radio ap.d television and electronics repair,
lawn care sei-vice, pest congol companies, surfboard r~pair in association with surf shops,
but not the production of ~urfboards, and similar service uses.
(3) Banks with or without ariye-through facilities, loan companies, mmigage brokers,
stockbrokers, and similar financial se1-vice institutions.
(4) _Child care centers in accordance with section 24-152.
(5) Business and professional offices.
(6) R~tail plant nursery, landscape and garden supplies. Live plants and nursery stock may
b-e located outside of the adjacent building licensed for such business, provided no
obstfuction to walkways, parking and intemal driving aisles is created.
(7) Retail sale of beer and wine only for off-premises consumption.
(8) On-premises consumption of beer and wine only in conjunction with a full service
restaurant, which is a food se1-vice use where unpackaged ready-to-consume food is
prepared onsite and served to the customer while seated at tables or counters located in a
seating area within or immediately adjacent to the building.
(9) i\.utomobile service station with minor automotive repair and vvith accessory car wash.
Minor automotive service, and car washes.
(Note: Heavy automotive repair not permitted per Ordinance [Number] 90 06 197, adopted
121106).
(1 0) Theaters, but not a multi -screen (exceeding two (2) screens) or regional cineplex.
(11) Hotel, motel, motor lodge, resmi rental or tourist comi and shmi-te1m rentals as defined
within section 24-17.
(12)Institutional and government uses, buildings and facilities.
Page 2
(13) Churches in accordance with section 24-153.
(14) A single dwelling unit, where such dwelling is an accessory use to the principal use and
located within the same building as the principal use. Such dwelling unit is intended to
be occupied by the owner or an employee of the principal use.
(15) Those uses listed as permitted uses and uses-by-exception in the commercial limited and
commercial, professional and office zoning districts.
(16) Residential use, consistent with the comprehensive plan, which permits residential uses
not exceeding the medium density category when in conjunction with, or adjacent to
commercial development and redevelopment, provided that such residential development
shall not be permitted within the coastal high hazard area. Policy A.1.11.1 (b).
Single-family residential uses within the CG zoning districts existing as of the initial
effective date of these land development regulatiQns shall be considered as vested
development.
(17) Mixed use projects combining the above uses and those approved as a use-by-exception
pursuant to subsection (c) below.
(18) Gas stations, subject to the requirements of Section 24-165.
(19) Convenience stores.
(20) Electric charging stations .
(c) Uses-by-exception. Within the CG zoning district, the following uses may be approved
as a use-by-exception where such proposed uses are found to be consistent with the uses
permitted in the CG zoning districts with respect to intensity of use, traffic impacts and
compatibility with existing commercial uses and any nearby residential uses:
(1) Pet kennel and facilities for the boarding of animals.
(2) Veterinary clinic.
(3) On-premises consumption of alcoholic beverages in accordance with chapter 3 of
this Code.
(4) Restaurants with drive-through service where the site contains lanes dedicated
solely to drive-through business (this shall not be construed to prohibit restaurants with
carry-out service, which are a permitted use).
(5) Limited wholesale operations, not involving industrial products or processes or the
manufacturing of products of any kind.
(6) Contractors, not requiring outside storage, provided that no manufacture,
construction, heavy assembly involving hoists or lifts, or equipment that makes
excessive noise or fumes shall be permitted. Not more than one (1) contractor related
vehicle shall be parked outdoors on acontinuous basis.
(7) Produce and fresh markets with outdoor sale and display of garden produce only.
(8) Cabinet shops, woodworking shops and surfboard production.
(9) Hospitals.
(1 0) Sale of new and used automobiles, motorcycles and boats, and automotive leasing
establishments, but not temporary car, truck, boat or motorcycle shows or displays.
(11) Businesses offering live entetiainment, not including adult entetiainment
establishments as defined by Section 847.001(2), Florida Statutes.
Page 3
Sec. 24-165.-Service Gas stations.
The following provisions shall apply to the location, design, construction, operation and
maintenance of service ~stations and the property upon which they are located:
(a) Lot dimensions . A lot containing a service ~station shall be of adequate width and
depth to meet all setback requirements, but in no case shall a corner lot have less than two
(2) street frontages of at least one hundred fifty (150) feet each and an area of at least
twenty-two thousand five hundred (22,500) square feet, and an interior lot shall have a
street frontage of at least one hundred (1 00) feet and a minimum area of fifteen thousand
(15,000) square feet.
(b) Access to site . Vehicular entrances or exits for service gas stations shall:
(1) Not be provided with more than two (2) curb cuts for the first one hundred (1 00) feet
of street frontage or fraction thereof;
(2) Contain an access width along the curb line of the Street of not more than forty ( 40)
feet as measured parallel to the street at its nanowest point, and not be located closer
than one hundred (1 00) feet from a street intersection along any arterial or collector
street and/or closer than fifty (50) feet from a street intersection on a local street or
closer than ten (1 0) feet from adjoining propetiy;
(3) Not have any two (2) driveways or curb cuts any closer than twenty (20) feet at both
the right-of-way line and the curb or edge ofthe pavement along a single street.
(c) Location of{uel pumps and structures. No principal or accessory building, no sign of any
type, and no gasoline pump shall be located within fifteen ten (BlQ) feet of the lot line
of any propetiy that is residentially zoned. Car waslies shall not be considered a principal
or accessory building. No gasoline fuel pump shall be located within twenty (20) feet of
any street right-of-way line and 100 feet of the lot line of any property that is residentially
zoned. _ .
(d) Lighting. All lights and lighting, including lighting related to signage, on a property with
~service ~station shall be so designed and ananged so that no source of light shall be
directly visible fi.·om any r~s id ential zoning district; this provision shall not be construed
. -19 ~prohibit interior lighted signs. Illumination values at a property line abutting a
residentially zoned property shall not be more than 0.2 fc . The illumination values at all
~other property lines shall riot be more than 1.0 fc .
(e) Number o{{uel pumps: The 1naximum number of fuel pumps permitted within a single
development shall be seven (7).
(f) Frontage on commercial arterials. Gas stations shall be located on propetiies with
frontage on Atlantic Boulevard or Maypoti Road.
(g) Enhanced Landscaping. In addition to the requirements of Aliicle III, Division 8 of this
chapter, no less than one (1) tree, located within twenty-five (25) feet of each property
line, for every twenty-five (25) linear feet, or fraction thereof. Trees may be clustered,
but shall be no more than fifty (50) feet apart.
(h) Variances. Applications to vary from the requirements of this section shall follow the
procedures set f01ih in subsections 24-64 .
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