AGENDA
TOWN OF MANGONIA PARK
LOCAL PLANNING AGENCY
JULY 18, 2017
5:45 PM
WILLIAM H. ALBURY, III SARITA C. JOHNSON
MAYOR ___ VICE MAYOR ___
SONJA M. KELLY
COUNCILWOMAN ___
CLARENCE R. MCCONNELL EDWARD E. SMITH
COUNCILMAN___ COUNCILMAN ___
PUBLIC IN ATTENDANCE ___
1. ROLL CALL
2. PUBLIC HEARING TO CONSIDER AND MAKE RECOMMENDATIONS TO THE TOWN COUNCIL THE TOWN CODE OF ORDINANCES AT APPENDIX A. ZONING., SECTION 5. DEFINITIONS. TO REVISE THE DEFINITIONS FOR THE TERMS “MARIJUANA” AND “MEDICAL MARIJUANA RETAIL CENTER” AND REMOVE THE DEFINITION FOR THE TERM “MEDICAL MARIJUANA RETAIL/TREATMENT CENTER PREMISES”; FURTHER AMENDING APPENDIX A. ZONING. AT SECTION 9. DISTRICTS. TO REVISE THE DISTRICT USE REGULATIONS BY REMOVING MEDICAL MARIJUANA RETAIL CENTER AND MEDICAL MARIJUANA TREATMENT CENTER FROM THE SPECIAL EXCEPTION USES IN THE INDUSTRIAL DISTRICT, ADDING MEDICAL MARIJUANA TREATMENT CENTER AS A PERMITTED USE IN THE INDUSTRIAL DISTRICT, AND ADDING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY AS A PROHIBITED USE IN ALL DISTRICTS; FURTHER AMENDING SECTION 12. INDUSTRIAL DISTRICT. AT SUBSECTION 8 TO REVISE THE REGULATIONS FOR THE LOCATION OF MEDICAL MARIJUANA TREATMENT CENTERS IN THE TOWN.
3. ADJOURNMENT
NOTE: Any person who decides to appeal any decision of the Town Council with respect to any matter considered at this meeting will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and upon which the appeal is to be based. The Town of Mangonia Park does not provide this service.
IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS DISABILITIES ACT (ADA), THIS DOCUMENT CAN BE MADE AVAILABLE IN AN ALTERNATE FORMAT (LARGE PRINT) UPON REQUEST AND SPECIAL ADVANCE NOTICE. FOR HEARING ASSISTANCE: IF ANY PERSON WISHES TO USE A HEARING DEVICE, PLEASE CONTACT THE TOWN CLERK PRIOR TO ANY MEETING IN THE TOWN HALL.
ORDINANCE NO. 2017-04
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MANGONIA PARK, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT APPENDIX A. ZONING., SECTION 5. DEFINITIONS. TO REVISE THE DEFINITIONS FOR THE TERMS “MARIJUANA” AND “MEDICAL MARIJUANA RETAIL CENTER” AND REMOVE THE DEFINITION FOR THE TERM “MEDICAL MARIJUANA RETAIL/TREATMENT CENTER PREMISES”; FURTHER AMENDING APPENDIX A. ZONING. AT SECTION 9. DISTRICTS. TO REVISE THE DISTRICT USE REGULATIONS BY REMOVING MEDICAL MARIJUANA RETAIL CENTER AND MEDICAL MARIJUANA TREATMENT CENTER FROM THE SPECIAL EXCEPTION USES IN THE INDUSTRIAL DISTRICT, ADDING MEDICAL MARIJUANA TREATMENT CENTER AS A PERMITTED USE IN THE INDUSTRIAL DISTRICT, AND ADDING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY AS A PROHIBITED USE IN ALL DISTRICTS; FURTHER AMENDING SECTION 12. INDUSTRIAL DISTRICT. AT SUBSECTION 8 TO REVISE THE REGULATIONS FOR THE LOCATION OF MEDICAL MARIJUANA TREATMENT CENTERS IN THE TOWN; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF APPENDIX A. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Town of Mangonia Park adopted Ordinance 2017-01 in June 2017 adding regulations for Medical Marijuana Retail Centers and Medical Marijuana Treatment Centers to the Town Zoning Code; and
WHEREAS, the 2017 Florida Legislature approved Senate Bill 8A during special session which was signed into law on June 23, 2017 as Chapter 2017-232, Laws of Florida, providing unified regulations for Medical Marijuana Retail Centers and Medical Marijuana Treatment Centers; and
WHEREAS, Senate Bill 8A expressly preempts to the state regulation of the cultivation, processing and delivery of marijuana by Medical Marijuana Treatment Centers, except that municipalities can: 1) limit the location of Medical Marijuana Treatment Center cultivating or processing facilities within 500 feet of schools, and 2) require Medical Marijuana Treatment Center facilities to comply with state building and fire codes; and
WHEREAS, Senate Bill 8A allows municipalities to ban, by ordinance, Medical Marijuana Treatment Center Dispensing Facilities from being located within the boundaries of the municipality; and
WHEREAS, the Town Council of the Town of Mangonia Park has determined that it is in the best interests of the health, safety and welfare of its residents to revise previously adopted regulations to enact regulations permitted by state law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MANGONIA PARK, FLORIDA, THAT:
Section 1: Appendix A. Zoning. of the Code of Ordinances of the Town of Mangonia Park is hereby amended at Section 5. Definitions. to revise the definitions for the terms “Marijuana” and “Medical Marijuana Retail Center” and remove the definition for the term “Medical Marijuana Retail/Treatment Center Premises”; providing that the new and revised definitions at Section 5 shall hereafter read as follows:
Sec. 5. Definitions.
Marijuana. All parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salte, derivative, mixture, or preparation of the plant or seed or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient that is dispensed only from a dispensing organization for medical use by an eligible patient as defined in s. 499.0295, F.S. Marijuana includes any strain of cannabis or Marijuana, in any form, that is authorized by state law to be dispensed or sold in the State of Florida. Also referred to as "Medical Marijuana."
Medical Marijuana Retail Treatment Center Dispensing Facility. A retail establishment, licensed by the Florida Department of Health as a "medical marijuana treatment facility," "medical marijuana treatment center," "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses Marijuana, products containing Marijuana, or related supplies, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of Marijuana or Marijuana product, and does not allow on-site consumption of Marijuana. A Medical Marijuana Treatment Center shall not be construed to be a Medical Marijuana Retail Treatment Center Dispensing Facility. Medical Marijuana Retail Treatment Centers Dispensing Facilities are not permitted anywhere within the boundaries of the Town special exception uses confined to the Industrial district.
Medical Marijuana Retail/Treatment Center Premises. Medical Marijuana Retail/Treatment Center Premises shall, for Medical Marijuana Retail Centers and Medical Marijuana Treatment Centers, include the building or bay that is utilized by the center, and all parking areas, sidewalks and alleys within 100 feet of the property on which the center is located.
[All other definitions in this section shall remain in full force and effect as previously adopted]
Section 2: Appendix A. Zoning. of the Code of Ordinances of the Town of Mangonia Park is hereby amended at Section 9. Districts. at the Schedule of District Regulations. by eliminating the special exception uses of “Medical Marijuana Retail Center” and “Medical Marijuana Treatment Center” in the Industrial Zoning District (I), adding “Medical Marijuana Treatment Center” as a permitted use in the Industrial Zoning District (I), and banning outright “Medical Marijuana Treatment Center Dispensing Facility” by adding this use as a prohibited use in the Residential Estate (R-E), Low Density Single-Family Residential (R-1), High Density Multiple-Family Residential (R-2), Administrative and Professional (A-P), Commercial Recreation (CR), Commercial Limited (CL), Shopping Center (SC), Industrial (I), Planned Commerce Center (PCC), and Bioscience Overlay (BOL) Districts; providing that Section 9. Districts. Schedule of District Regulations. shall hereafter read as follows:
SCHEDULE OF DISTRICT REGULATIONS—Cont’d. /Purpose of District / Permitted Uses / Accessory Uses / Special Exceptions / Prohibited Uses /
"R-E"—Residential District
The purpose of this district is to provide for residential development of spacious character together with publicly operated recreational facilities, governmental uses and accessory uses as may be necessary or are normally compatible with residential surroundings. This district is located throughout the town to protect existing development of high character from those districts and uses which would be incompatible to low density residential development. / 1. Single Family Dwellings.
2. Group Homes, not to be closer than 1,000 feet from each other.
3. Foster Homes, not to be closer than 1,000 feet from each other.
4. Family day care homes. / 1. Private garages, swimming pools, cabanas, and any other uses customarily incidential to permitted uses. / 1. Public or private noncommercial recreation areas.
2. Government buildings.
3. Mobile homes and manufactured homes. / 1. Any use not specifically permitted.
2. Medical Marijuana Treatment Center Dispensing Facility.
"R-1"—Low Density Single Family Residential District
It is the intent of this district to permanently provide lands within the town for single family residential uses of the low population densities, consisting of no more than one dwelling unit per any platted lot. / 1. Single Family Dwellings
2. Group Homes, not to be closer than 1,000 feet from each other.
3. Foster Homes, not to be closer than 1,000 feet from each other.
4. Family day care homes. / 1. Same as above. / 1. Churches.
2. Public or private non-commercial recreation areas.
3. Government buildings.
4. Mobile homes and manufactured homes.
5. Child care/tutorial facilities associated with churches.
6. Large family child care homes, not to be closer than 1,000 feet from each other / 1. Same as above.
2. Medical Marijuana Treatment Center Dispensing Facility.
"R-2"—High Density, Multiple Family Residential District
The intent of this district is to provide for residential development up to highest population densities permitted within the town.
The provisions of this district are intended to provide for sites in logical locations after consideration of such factors as the following: the capacity and character of adjoining streets; the nature of surrounding uses; the proximity of employment or shopping; or where a substantial amount of primarily vacant land exists or where smaller individual parcels of land can be feasibly assembled to form a single, larger parcel suitable for multiple family developments. / 1. Duplexes.
2. Multiple Family Dwellings, not to exceed 4 units per building.
3. Family day care homes. / 1. Any accessory use customarily incidental to a permitted use. / 1. Public or private non-commercial recreation areas. / 1. Any use not specifically permitted.
2. Medical Marijuana Treatment Center Dispensing Facility.
"A-P"—Administrative and Professional District
/ 1. Offices of surgeons, physicians, dentists and medical clinics.
2. Offices of architects, engineers, artists.
3. Offices of executives, administrative, legal, writing, clerical, stenographic, accounting, insurance, real estate, mortgage loan service and similar enterprises. / 1. An accessory use customarily incidental to a permitted use. / 1. Pharmacy or apothecary shop, or an optical company, provided such accessory use is within the building to which it is accessory.
2. Public park.
3. Bioscience uses including: scientific research; scientific technology development and support; laboratories; clinical research centers.; and commercial, office or retail uses relative to bioscience. / 1. Any use not specifically permitted.
2. Medical Marijuana Treatment Center Dispensing Facility.
"CR"— Commercial Recreation / 1. Privately owned arena/auditorium for sports and entertainment including, but not limited to, sporting events, entertainment, public and private events, conferences, conventions, seminars, circuses, theatrical productions, concerts, symphonies, recitals, festivals, films, movies, exhibitions, ceremonies, graduations, held within the arena/auditorium building.*
2. Offices.
3. Restaurants, bars, and nightclubs; if completely enclosed within the arena/auditorium building.
4. Retail shops; if completely enclosed within the arena/auditorium building.
5. Tri-Rail station.
* Owner/operator must provide traffic direction/assistance for all events; all events held outside shall require a special event permit; See Sec. 14-27. / 1. Any accessory use customarily incidental to and subordinate to a permitted use, completely enclosed within the arena/auditorium building is considered a permitted use.
2. Requests for accessory uses located outside the arena/auditorium building supporting an event to be held inside shall be submitted to Town Administration for review and approval. Such review shall be conducted to ensure that the proposal will not be detrimental to neighboring properties. (i.e., that there is no excessive noise, lighting, fireworks, noxious odors or other such adverse condition created.) / 1. Additional Recreation uses, such as a tennis complex.
2. Hotels.
3. Restaurants, bars and nightclubs not enclosed within the arena/auditorium building.
4. Retail shops not enclosed within arena/auditorium building. / 1. Any use not specifically permitted, is expressly prohibited.
2. Medical Marijuana Treatment Center Dispensing Facility.
"CL"— Commercial Limited
The purpose of this district is to provide for a limited range of commercial uses intended and designed to serve local needs of the town, and to establish and preserve areas for those limited commercial facilities which are especially useful in close proximity to residential areas while minimizing the undesirable impact of such uses upon the community in general. / 1. Business and professional services.
2. Personal services.
3. Convenience grocery stores.
4. Retail stores and shops (not more than 2,000 square feet) unless otherwise prohibited or regulated by general law or by ordinance.
5. Restaurants.
6. Motels.
7. Laundromats and self-service dry cleaning establishments. / 1. Any accessory use customarily incidental to a permitted use. / 1. Taverns.
2. Movie theaters.
3. Churches.
4. Automobile service stations.
5. Child care facilities.
6. Used car agencies.
7. Commercial sales in tents.
8. Public park.
9. Retail stores and shops in excess of 2,000 square feet.
10. Bioscience uses including: scientific research; scientific technology development and support; laboratories; clinical research centers.; and commercial, office or retail uses relative to bioscience. / 1. Any use not specifically permitted.
2. Outside storage and/or sale of any goods or services.
3. Junkyards.
4. Kennels or commercial breeding facilities.
5. Parking of any commercial vehicle which is designed to contain gasoline, LP gas or any other combustible material is prohibited except for loading or unloading the contents of the truck.
6. Medical Marijuana Treatment Center Dispensing Facility.
"SC"— Shopping Center / 1. Business services.
2. Professional services.
3. Personal services.
4. Retail sales and service.
5. Restaurant, laundromats and self-service dry-cleaning establishments