Item 9A- Ordinance No. 90-18-234CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: (jird. No. 90-18-234 First Reading Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING CHAPTER 24, LAND DEVELOPMENT
REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS;
AMENDING SECTION 24-110, COMMERCIAL LIMITED
DISTRICT (CL); AMENDING SECTION 24-11.1, COMMERCIAL
GENERAL (CG); ADOPTING NEW SECTION 24-169,
PHARMACIES AND MEDICAL. MARIJUANA TREATMENT
CENTER DISPENSING FACILITIES, PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR WAIVER OF SECTION 24-51, NOTICE PROVISIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
SUBMITTED BY: Derek W. Reeves, Planner
DATE: April 27, 2018
BACKGROUND: The voters of the State of Florida approved the use of medical marijuana for
debilitating medical conditions in November of 2016. Since then the City has had a moratorium in
place on medical marijuana related facilities. The Commission and Community Development
Board (CDB) have held multiple workshops on the topic guiding staff's preparation of the
proposed ordinance. Please review the attached staff report to the CDB for more detail.
The proposed ordinance lists medical marijuana treatment center- dispensing facilities as permitted
uses in the Commercial General (CO) zoning district. A new Section 24-169 has been created to
define the regulations placed on inedical marijuana dispensing facilities, including:
(a) A 500 foot buf'f'er between, schools, religious institutions, and other pharmacies and
medical marijuana treatment center dispensing facilities.
(b) The property must have frontage on Atlantic Boulevard or Mayport Road.
(c) Customer entrances must be located at least 100 feet from a residentially zoned property.
The Community Development Board (CDB) held a public heating on this ordinance, at their April
17, 2018 meeting where they voted unanimously to recommend approval to the Commission.
BUDGET: None..
RECOMMENDATION: To hold a public hearing and approve Ordinance No. 90-18-234 oil
'First reading and to set the second reading and public hearing for April 9i" 2018.
ATTACHMENTS. Ord. No. 90-18-234, CDB Staff Reports
REVIEWED BY CITY MANAGER:
Mca;%al M., ij ua.ia Ora;nance
Draft 4/9/2018
ORDINANCE NO. 90-18-234
AN ORDINANCE OF THE CITY OF ATLANTIC TIC; BEACH, AMEN D1IN G
CHAPTER 24, LAND DEVELUPMEIN'1' REuuLAT1u1NS, AmEINDIING
SEunuN 24-17, DEFT Ntnu1NS; Aiv1E1ND11NG SECTlulN 24-1110,
COMMERCIAL L1N111 ED D1STmu i (UL); A1v1E1NI)inu SECTION 24-
111, CuivtmERC1AL GE1NEKAL (uu); ADOPTuNG NEW SECTION 24-
1w), PHAKmAC11ES AND MEDICAL MARIJUANA TREATMENT
uEINTER DISPENSING FACILITIES; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF
SECTION 24-51, NOTICE PROVISIONS; AND PROVIDING VOR AIN
EFFECTIVE DATE.
WHEKr,AS, on November S, 2u16, the voters of Florida and Atlantic Beach appl7uved an
amendment to the rlorida constitution ('-Amendment 2") entitled "U3e of Maeijuaiia for
Debilitating medical Conditions" authori/_;,,g the u3c of cclical macijucxna in the State of
rlorida; and
WHEKEAS, the Florida Legislature, in response to the passage of Amendment 2,
adopted Scnatc Bill S-A, as is codified now as Section 3$1.9$6, rlorida Statutes, which governs
the licensure and application process for the growth, processing, administering and dispensing of
qualifying medical marijuana in the State of rlorida; and
WHEKhAS,_the comprehensive State licensing and regulatory framewoelt d;�ect3 that thr,
criteria for the number and location of, and other permitting retluiten,ent3 that do iiot coidlict
with state law or department rule for dispe«s;,ig facil;t;e3 of medical inaeJLicnc, busincsscs may
be determined by local ordinance; a,�d
WHEREAS, the Stag ha provided local jurisdictions with the option to allow medical
iiiaiJuana trcatment_center dispensing facilities within their jurisdictional boundaries provided
they are regulated no more stringently than pharmacies; and
W HEKIJAS, the laity Commission recognizes the desire of its voters to have access to
medical marijuana to treat debilitating medical conditions; and
wHEREAS, due to the h;:�,tocical p-oh;b4ton of tncu juana, the City of Atlantic Beach
does not curretitly have any laid drvc1opu„cia regulations governing the use of real property for
the purpo3C3 of d;spcnsing medical marijuana, and such use is not currently permissible within
the Cary; aria
WHEKI~;AS, in order to promote effective land use planning, the City has considered the
potential impact of Medical marijuana 1 reatment Center uispensing Facilities upon adjaccia
uses and the surrounding area and the effect ut Med;cal Mai r uaua T,cat,,,ent Center Dispensing
Facilities on the general welfare of the commu,,;tp; and
WHEREAS, the City has cunJucted public meetings regarding Medical Marijuana
Treatment Center Dispensing Facilities betore the Community Development Board and the laity
Commission where residents and interested persons were given an opportunity, to be heard and
the Community Development board, atter notice and public hearing, has considered this
ordinance and has presented its recommendation to the City Commission, and
wHtF_1✓AS, the City has determined that Medical Mafr uaua T,catn,cnt Center
Dispensing Facilities uses are best su;ted to particular fv„;„g categories and have tormulated
land development regulat;o„s that app,opr;atcly gove,n the use ut real property for purposes of
cultivating, prncc55;„g, u, dispensing medical marijuana; and
WHEREAS, it is not the purpose or intent of this ordinance to restrict or deny access to
medical marijuana as permitted by Florida law, but instead to enact reasonable restrictions
intended to protect the public health, satety and welfare; and
wt1EKtAS, the laity, Commission now desires to adopt provisions it, Chapt'cr 24, Laud
Development Regulations, to authorize Medical Mai;juaua TiCat,n'c„t Cc„tcr Dispensing
Facilities in the laity, of Atlantic Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION UN
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLUKIDA:
SECTION 1. Regulation Amended. That Sections 24-1/, 24-11U, and 24-111 of Chapter 24,
Land Development Regulations, of the Code of urdinances of the laity, of Atlantic Beach are
hereby amended as tollows:
a. Section 24-1 /, Definitions, is hereby amended to add „ew defy nt;vu5 n, prvper alphabetical
order, as follows:
Sec. 24-17. -
Mudival Tre"rmenr Censer means a tacility licensed by the Florida Department of
Hcahh that can cultivate process transport or dispense marijuana or marijuana related products
in accordance with Section in 1.9m, Florida Statutes as amended.
Metical AlarUitana Treatment Center Dispensing Facility means a facility l;ce„Scd and
U 1%J1 L11%, 12UI120SC Of dispensing medical mariivana, it, an,0fdant7t, Yyith Scctiu-_����
Phul,mucy ,,,ca„5 a retail sure licensed and regulated under Chapter 465, l lorida Statutes,
vvhcrc pre5cr;pt;un and other medicines and related products are dispensed and sold, but where
the retail sale otother non-medical and miscellaneous Uroducts may also be solei.
b. Section 24-11U, Commercial limited district (CL), is hereby, amended to read as follows:
Sec. z4 -11u. - Commercial limited district (uL).
(b) Perinittea uses. The uses permitted within the CL zoi,;,ig d;,JrirtS hall be a5 follows:
(1) Service establishments such as batbe, ot brauty ;!.hop,), )hoc iCpair, laundry or dry
cleaning pick-up; tailoi5 ot dic55iiiakc;i5,* low inrnsity retail sales of items such as
wrating apparel, toy,); )u,,drics and notions, books and stationery, luggage and
j%w%liy and similar uses* but not sale of lumber, hardware or building materials or
similar products.
(2) Art galleries, libraries, museums and cultural centers.
(3) Medical and dental ottices, but not clinics or hospitals.
(4) Protessional ottices such as accountants, architects; attorneys, rngiiiCCtS,
optometrists and similar uses.
(�) business offices such as real estatr btokri; ui5uiaiiCC agciit3l iiianutacturing agents
and similar uses.
(6) Banks and tuiaiir;al 115titutiou5 without drive-through facilities.
(7) Co,vri,ictiCc; food 5tores without tuel sales, but not supermarkets.
(8) RCStauiants without drive-through tacillties.
(9) Drug stefes and
(1--09)(iovernmentuses, buildings and facilities.
(1-1-10) Child care centers in accordance with section 24-15z.
(-1411) Kesidential use not to exceed the medium density category as establishCd by the
comprehensive plan.
(-1412) Mixed use projects combining the abovr priiii4tcd u5G5 acid tho5c; approvcd as a
use -by -exception putsuant to )ub5CCtioii (C) bclow.
c. SCCtioii 24-111; Cotim,Cicial gc;nc;ral district (CO), is hereby amended to read as follows:
Sec. 24-111. - Commercial general districts (C(i).
(b)Permirrec 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 iiltell5ity
commercial uses intended to serve the daily needs of iCsideiit5 of the 5u7170uIIdillg
neighborhoods. Such uses shall not include iiianufartuiiiig, waeuhou5uig, 5toiagc or high
intensity commercial activit;r,, vi Comiictrial uJCJ of a regional nature, or such uses that
have the potential for iirgativc iiiipact5 to 5UrroU11ding neighborhoods and properties due
to CzCc55ivr tiattic, iioisc, light or extremely late hours of operation or other tactors that
iiiay advci5cly of cct existing commercial uses or any nearby residential uses.
Permitted uses shall also not include adult entertainment establishiiieiit5, ii�dooi 01
outdoor tiring ranges, indoor or outdoor flea maikrtS, vundot5 oi, public lights-ot=way,
amusement or game centers, tattoo ot body aiti5t5; pawn Shops, bingo halls. billiard or
pool halls, gay„C acradCS, gaiiiiiig, video poker establishments. computer game centers, or
ganiG5 playycd on uidi v idual 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.
3
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 pri7mittcd ill the CO
zoning district sha11 include the following subject to the liuiitatimia a,) yet forth Within
following subsection (d). Unless otherwise and ,prcitically pfovidcd for herein, all
business activities, products for bale and pct vice,) must be located within an enclosed
building p,opci7ly liccn,)cd tvL such usc.
(1) Retail outlets for the sale of food and nonprescription drugs, wearing apparel, toys,
books and stationery, luggage, jewelry, art, florists, photographic supplies; spoi-tmg
goods, hobby shops and pet shops (not animal kennel or veterinatian), bal ciyy (but
not wholesale bakery), home furnishings and appEaneea, vft-1cc equipment and
furniture, hardware, lumber and building mateiiak, autn. boat and marine related
_parts, and simila, Lctail u,)c,).
(2) Service establiz!�hiiicia,) Ouch aS barber or beauty shop, shoe repair, restaurants with
iudnni' nr 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 care service, pest control companies, surf board repair in
association with surf shops, but not the production of surfboards, and similar
service uses.
(:i) Banks with or without drive-through facilities, loan companies; inniigage binkc,37
stockbrokers, and similar financial service inztitutimu'.
(4) Lni1d care centers in accordance with z!,eetin,, 24-152.
(J) Business and profnn�innal nff,rcc,5.
(6) Retail plant nuiz!�ciy, leuidScapc and garden supplies. Live plants and nursery stock
uiay be heated outside of the adjacent building licensed for such business, provided
,in nbstruction to walkways, parking and internal driving aisles is created.
(7) Retail sale of beer and wine only for oil -premises consumption.
(S) Un -premises consumption of beer and wine only in conjunction with a full service
restaurant, which is a lood service use where unpackaged ready -to -consul Ile fond i"
prepared onsite and served to the customer while seated at tables oL euumr,7" heated
in a seating area within or immediately adjacent to the building.
(y) automobile service station with inino, autmmntive upal and with accessory car
wash.
(Note: Heavy autouintivc fcpaii ,pit permitted per Ordinance [Number] 90-06-19 /,
adnptcd 12-11-06).
(1 U) Thcarts, but not a multi -screen (exceeding two (2) screens) or regional cineplex.
(11) Hotel, motel, motor lodge, resort rental or tourist court and short-term rentals as
delmed within section 24-1'/.
(12) Institutional and government uses, buildings and facilities.
(1:3) ulturches in accordance with section 24-153.
(14) a single dwelling unit, where such dWelliiig i,) air acccsSory use to the principal use
and located within the )au,c building as the principal use. Such dwelling unit is
intended in be nccupied by the owner or an employee of the principal use.
(15) Thn3c uScs listed as permitted uses and uses -by -exception in the commercial limited
and commercial, professional and oltrce zoning districts.
4
(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 '�'uch
residential development shall not be permitted within the coastal high hac,aid arca.
Policy A.1.11.1(b).
jingle -family residential uses w;th;,, thr CG f-kiii;jig 13ti;cts e,isting as of the
initial effective datr of thr,3r, laud dcvclopitent regulations shall be considered as
vested develkipme�it.
(17) Mined use projects combining the above uses and those approved as a use-by-
e,ception pursuant to subsection (c) below.
(18) Pharmacies and Medical Marijuana Treatment Center oispensing Pacilities subject
to the requirements of Vection 24-169.
SEuDu1N 1. Kegulation Created. shat section 24-169 of Chapter 24, Lasa DCvr'l„p,,,Cnt
Kegulations, of the Lode of ordinances of the City of Atla,,t;r, Brach ;3 hcecby crated to read as
to l lows :
Sec. 24-169. — Phafi„ar,;U3 and MCUical Marijuana Treatment Center Dispensing Pacilities
(a) Phaiii,aC;e3 mZ Medical Marijuana Treaunem Center Dispensing Pacilities shall not be
located within 500 tees of the real roperty comprising, each of the tollowin
(1) Another pharmacy or another Medical Marijuana treatment Uenter LAspensing
Facility, including but not limited to those outside the City limits;
(2) Public and private elementary, middle or secondary schools, includitig but ,gut
limited to those outside the City limits; and
(3)
(b) Pharmacies and medical Maiijuatia Tfratnir,xt Cu acr7 Dispensing Facilities shall be
located on a parcel with fj:otitagr, ut, p;ther Athm-Lic Boulevard or Mayport Koad.
(c) Doors atid r,itfyway, ,f Mid;cal Marijuana Treatment Center Dispensing Facilities and
PhaiiiiaC;e3 typically used by customers for access to a building, not to include doors
;,,rnded to be used solely as delivery doors or emergency exits, shall be located at least
100 feet tiom a residentially zoned property line as demonstrated by a survey provided
upon request by the City.
(d) Medical Marijuana Treatment Center Disg, pensinPacilities shall operate in complial,ce
with Section 3251.9256 Florida Ntatutes as amended, and atiy applicable i'CV'ulat;M,is
promulgated by the Ntate ofy lorida.
ePharmacies shall operate in comp iaJi C with Ctial)M, 465, tqori3a !Statutes, US qUICIldt,
as any applicable reruI tiotis tifyinuigatt.0 bye
SECTION 3. Cuntf;ct. All Urdinances or parts of Urdinances in contlict with the provisions of
th;5 Ordinance are hereby repealed; provided, however, should amendments to Sections 24-17,
24-110 and 24-111 be adopted pursuant to Urdinance 9u-125-233 prior to the adoption of this
Urdinance, those amendments shall be read in pari materia with the amendments adopted by thi3
Urdinance.
ShuTiu1N 4. If a Court of compete,a at any time finds any provision
of this Urdinance to be utilawful, illegal, ui unenforceable, the ottending provision shall be
deemed severable and removed hou, the cmaining provisions of this Ordinance which shall
remain in full force and intact.
SECTION 5. Waiver of Section 24-51 Provisions. The Commission hereby waives the current
povismns of Section 24-51 of the Code of Ordinances for mailed notice and signage i,, the
adoption of this Ordinance.
SECTION 0. httective Date. 1 his ordinance shall take effect upon finial cading and approval.
PASSED by the City Commissioi, m, ft3t reading this day of , 201x.
PASSED by the City Commission on second and tmal reading this day of
-2019.
Attest:
Donna L. Bartle, City Clc k
Approved as to form and correctness:
Brenna M. Durden, City Attorney
59
CITY Or ATLAN l lC BEACH
Ellen Gla33cc,, Mayor
f_
CITY OF ATLANTIC BEACH
d_
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.11
CASE NO. ORDINANCE 94-18-234
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING
SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110,
COMMERCIAL LIMITED DIS'T'RICT (CL); AMENDING SECTION 24-1 l 1,
COMMERCIAL GENERAL (CG); ADOPTING NEW SECTION 24-169,
PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER
DISPENSING FACILITIES; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51,
NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE,
DATE, April b, 2418
STAFF Derek W. Reeves, Planner
STAFF COMMEN'T'S
The voters of the State of Florida approved the use of medical marijuana for debilitating medical
conditions i» November of 2016. Soon after the City passed a moratorium on facilities related to medical
marijuana while the State and in turn the City could establish regulations for Such uses. Fallowing the
States establishment of their rules in the stammer of 2017, the City held its first public meeting on
November 15, 2017. This joint meeting of the City Commission and the Community Development Board
established the ground work for allowing medical marijuana facilities in the Commercial General (CG)
zoning district and that buffers may be required from certain uses such as churches, schools and other
similar facilities.
The Community Development Board further discussed the necessary buffers at their December 19, 2017
meeting. At this meeting;, a recommendation was made for 500 foot buffers from schools, child care
centers, churches, pharmacies and other medical marijuana facilities. Additionally, it was recommended
that medical marijuana facilities must be located on a parcel with frontage on either Atlantic Boulevard or
Mayport Read and that customer entrances must be located at least 100 feet from a residentially zoned
property. It was also clarified that such facilities should be limited to dispensing only and not cultivation
or production.
This recommendation was used to draft code language that was presented at a Town Hall meeting on
,January 27, 2018. The language was generally accepted and staff began to formalize the ordinance.
Another meeting was held March 20, 2018 with the Board to make any final revisions prior to a public
hearing. At this meeting the 500 foot buffer was eliminated from child care centers due to the lack of
quality ini:on-nation on the Ideation of such uses.
The proposed ordinance lists pharmacies and medical marijuana treatment center dispensing facilities as
permitted rises in the CO zoning district. Pharmacies are removed from the list of permitted uses in the
Commercial Limited (CL) zoning district as State requires Medical Marijuana. Treatment Centers to be
treated the sable as pharmacies. Definitions have been added for Medical Marijuana Treatment Center,
Medical Marijuana Treatment Centers Dispensing Facility and pharmacy. Finally, a new Section 24-164
has been created to define the regulations placed on pharmacies and medical marijuana dispensing
facilities. These regulations include:
(a) A 560 foot buffer between, schools, religious institutions, and ether pharmacies and medical
marijuana treatment center dispensing facilities.
(b) The property must have frontage on Atlantic Boulevard or Mayport Road.
(c) Customer entrances must be located at ]cast 100 feet from, a residentially zoned property line.
(d) That medical marijuana treatment center dispensing facilities must comply with applicable State
Statutes.
(e) That pharmacies must comply with applicable State Statutes.
The map below is a visual representation of the 500 foot buffers and the resulting available parcels for
future Medical Marijuana Treatment Center Dispensing Facilities and pharmacies. This is a current
representation as pharmacies, churches, etc. may open or close over time. The solid red parcels where a
dispensing facility or pharmacy could open. Note that some parcels shown do not currently have frontage
on Mayport Road, but they could through property assemblage.
500 Foot Buffer from
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