AGENDA PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA October 2, 2014

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1 AGENDA PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA October 2, 2014 The following is the agenda of a regular meeting of the Planning and Zoning Board of the City of Deerfield Beach, a municipal corporation of Florida, to be held on Thursday, October 2, 2014, at 7:00 p.m. in the City Hall Commission Chambers, 150 NE 2 nd Avenue, Deerfield Beach, Florida A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE C. APPROVAL OF MINUTES September 4, 2014 C. OLD BUSINESS D. NEW BUSINESS 1.) PUBLIC HEARING - PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amendment to the Deerfield Beach Land Development Code relating to medical marijuana treatment centers. 2.) PUBLIC HEARING PROPOSED CITY CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amendment to the Deerfield Beach City Code revising Article VII, Chapter 18 of the Code of Ordinances to include rules and regulations governing the grant of conditional use approval and special conditions for the certificate of use for medical marijuana treatment centers. E. CHAIRMAN S REPORT F. MEMBERS REPORT(S) G. ADJOURNMENT Any person wishing to appeal any decision made by the Planning and Zoning Board with respect to any of the above, will need a record of the proceedings and for such purpose, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The above notice is required by State law (FS ) Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence at the hearing of a certified court reporter. A full transcript of the proceedings will be needed in order to appeal any decision of the Board. All interested parties may present testimony relevant to the applications and participate in the proceeding. Further information may be obtained from the Planning Office during business hours in City Hall. If anyone requires auxiliary aids for communication, please call (954) Amanda Martinez Director of Planning & Development Services Publish: Sun Sentinel September 19, 2014

2 PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA September 4, 2014 MINUTES OF A MEETING A regular meeting of the Planning and Zoning Board of the City of Deerfield Beach, a municipal corporation of Florida, was called to order on the above date at 7:00 p.m. in the City Commission Chambers by Todd Drosky, Chairman. Roll Call showed: CALL TO ORDER AND ROLL CALL Present: Todd Drosky, Chairman John Hillman, Vice Chairman Brian Bennett Ray Lavoie Clayton Thomas Henry Gould, Alternate James Leavitt, Alternate Thomas Plaut, Alternate Also Present: Amanda Martinez, Director of Planning and Development Services Marcia Stevens, Chief Planner, Long Range Planning Jeffrey Siniawsky, Assistant City Attorney Vernadette Fuller, Minutes Secretary Absent: Kathy Maggi, Alternate WELCOME - NEW MEMBERS Chairman Drosky welcomed Mr. Henry Gould and Mr. James Leavitt new alternate board members and advised that they are allowed to participate in the discussion; however, they cannot vote on an item unless they are seated on the dais. SEATING OF ALTERNATE NONE PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF PREVIOUS BOARD MEETING Motion was made by, Vice Chairman Hillman and second by Mr. Lavoie to approve the August 7, 2014 minutes as submitted. The motion CARRIED unanimously.

3 PLANNING AND ZONING BOARD September 4, 2014 OLD BUSINESS NONE NEW BUSINESS PUBLIC HEARING APPLICATION 01-B REVSION 4 Applicant: AW HOLDINGS DEERFIELD, INC., represented by Andrew Waldman Proposal: Site plan modification to construct a 15,181 square-foot office building and a 78 space3 parking structure as part of an existing 32,048 square-foot office complex and to construct a 4,490 square-foot McDonald s restaurant with a drive-thru and outdoor seating area. Location: A acre parcel described as a portion of Parcel 1, MEADOWLANDS COMMERCIAL PLAT, more particularly described in the file, located at 1205 S. MilitaryTrail. Marcia Stevens, Chief Planner, Long Range Planning summarized the application and advised that 4 property owners were notified, 0 letters were returned undeliverable and 0 letters of approval or objection were received. Planning & Zoning BACKGROUND: On March 5, 2002, the City Commission granted site plan approval to construct an office complex totaling 32,048 square feet on a portion of a parcel that left approximately 42,000 square-feet vacant for future development. Site plan application 01-B1-160 Revision 4 is a request to construct a new 15,181 square-foot office building as part of the existing office complex, and to construct a McDonald s restaurant with a drive-thru on the vacant portion of the property fronting Military Trail. To service both buildings, the applicant is proposing to construct a one-story parking structure over a portion of the existing office complex parking area. Since both buildings will share access, parking and the dimensional requirements of the site plan, such as landscape area and floor area ratio, staff will review the proposed modification as a revision to the entire commercial parcel. COMMENTS AND REQUIREMENTS Per Section (n) 50% of the commercial parking spaces must meet standard size (10 x 20 ) requirements. A variance was granted from this section with the construction of the three office buildings for 141 spaces. However the 81 new spaces must meet Code. Therefore, 41 spaces must be standard (10 x 20 ) in size. The application is providing seven spaces that meet this requirement. Revise plans to meet Code. 2. Per Section 98-88(j)(5)(5), lighting spillover onto adjacent properties shall not exceed 1 footcandle horizontally. The photometric plan must bring the footcandles out beyond the property line to demonstrate compliance with the Code for the 2

4 PLANNING AND ZONING BOARD MINUTES September 4, 2014 McDonald s property and for the parking structure. Provide a photometric plan for the ground floor parking structure to show it will meet Code. 3. The minimum two-way drive aisle is 23 feet. The application is showing the parking structure ramp drive aisle of 22 feet. Revise the floor plan to meet Code. 4. Per Section 98-80(b), a 5 foot perimeter landscape buffer is required along the side property lines. The Northeast property line at the office complex does not have the required 5 foot landscape buffer and the overhang of the cars on the McDonald s property cannot be included in the required buffer. Provide a 5 foot landscape buffer to meet Code. 5. There are listed discrepancies in the site plan tables between the Planning Department s calculation for parking and the applicant s calculations. For consistency, revise tables as directed by Planning. 6. The Community Appearance Board conditionally approved this application on August 20, 2014 with the stipulation that the application come back to the board before going to City Commission with a revised and complete landscape plan for approval. PLANNING CONSIDERATIONS: 1. Compliance with the Comprehensive Plan - Per Section 98-9, no permit or approval for development of land shall be approved which does not comply with the goals, objectives and policies (GOPs) of the Deerfield Beach Comprehensive Plan. The Future Land Use (FLU) Map designation for this parcel is Commercial. The proposed office and restaurant use are permitted uses in the future land use category of Commercial, and support the intent of the category. The parcel is located within a larger commercial district, generally defined as an area south of Southwest 10 Street and west of Military Trail. The application is in compliance with the Deerfield Beach Comprehensive Plan. 2. Finding of compatibility of a proposed development with adjacent and neighboring (500 feet) uses and zoning - Per Section (15), there must be a finding of compatibility as defined in the Land Development Regulations, between the adjacent and neighboring uses (500 feet) and the proposed development. By definition, compatibility is to be measured based on the following compatibility characteristics of the proposed development in relationship to the immediate surrounding area: (a) Permitted uses, structures and activities allowed within the zoning category: The property is zoned B-1, business community. The proposed office building will be the fourth building in an existing office complex, while the McDonald s will front Military Trail. They are located adjacent to a major strip shopping center to the west, a gas station to the east and a two-story office building the northeast. An interior driveway provides an east-west connection from the parcel to nearby banks, restaurants, and another shopping center containing a neighborhood Walmart grocery store. All proposed uses including the accessory drive-thru and outdoor seating area are permitted in the B-1 zoning district. (b) Building location, dimensions, height and floor area; The maximum height for a structure in the B-1 zoning district is 45 feet. With a building height of approximately 36 feet for the office building and 16 feet for the McDonald s, the proposed building heights meet Code requirements. The B-1 zoning district allows for a maximum FAR of 50% or 78,667 square feet. The August 28, 2014 Page 4 of 6 Application 01-B1-160 Revision 4 proposed total floor area on the parcel (including the three existing office building) is approximately 56,515 square feet which equates to a 36 percent FAR. (c) Location and extent of parking, access drives and service areas; The new office building and McDonald s will not change the existing entrances from Military Trail and the adjoining access driveways serving adjacent commercial use. With the construction of the new 78-space parking structure over the existing lot, parking is adequate to support the two new buildings. (d) Traffic generation, hours of operation, noise levels and 3

5 PLANNING AND ZONING BOARD September 4, 2014 outdoor lighting; Traffic impacts are assessed by the County for any additional traffic trips placed on the regional transportation network. The Meadowland Commercial Plat is restricted to 209,900 square feet of commercial use. The construction of this application would leave approximately 22,156 square feet of commercial use available on the plat for future expansion. It is not expected that noise levels or hours of operation for the office building or McDonald s will exceed those of the adjacent shopping center, gas station or other adjacent fast food restaurants. (e) Alteration of light and air; The revise tables as directed by Planning. 6. The Community Appearance Board conditionally approved this application on August 20, 2014 with the stipulation that the application come back to the board before going to City Commission with a revised and complete landscape plan for approval. PLANNING CONSIDERATIONS: 1. Compliance with the Comprehensive Plan - Per Section 98-9, no permit or approval for development of land shall be approved which does not comply with the goals, objectives and policies (GOPs) of the Deerfield Beach Comprehensive Plan. The Future Land Use (FLU) Map designation for this parcel is Commercial. The proposed office and restaurant use are permitted uses in the future land use category of Commercial, and support the intent of the category. The parcel is located within a larger commercial district, generally defined as an area south of Southwest 10 Street and west of Military Trail. The application is in compliance with the Deerfield Beach Comprehensive Plan. 2. Finding of compatibility of a proposed development with adjacent and neighboring (500 feet) uses and zoning - Per Section (15), there must be a finding of compatibility as defined in the Land Development Regulations, between the adjacent and neighboring uses (500 feet) and the proposed development. By definition, compatibility is to be measured based on the following compatibility characteristics of the proposed development in relationship to the immediate surrounding area: (a) Permitted uses, structures and activities allowed within the zoning category: The property is zoned B-1, business community. The proposed office building will be the fourth building in an existing office complex, while the McDonald s will front Military Trail. They are located adjacent to a major strip shopping center to the west, a gas station to the east and a two-story office building the northeast. An interior driveway provides an east-west connection from the parcel to nearby banks, restaurants, and another shopping center containing a neighborhood Walmart grocery store. All proposed uses including the accessory drive-thru and outdoor seating area are permitted in the B-1 zoning district. (b) Building location, dimensions, height and floor area; The maximum height for a structure in the B-1 zoning district is 45 feet. With a building height of approximately 36 feet for the office building and 16 feet for the McDonald s, the proposed building heights meet Code requirements. The B-1 zoning district allows for a maximum FAR of 50% or 78,667 square feet. The August 28, 2014 Page 4 of 6 Application 01-B1-160 Revision 4 proposed total floor area on the parcel (including the three existing office building) is approximately 56,515 square feet which equates to a 36 percent FAR. (c) Location and extent of parking, access drives and service areas; The new office building and McDonald s will not change the existing entrances from Military Trail and the adjoining access driveways serving adjacent commercial use. With the 4

6 PLANNING AND ZONING BOARD MINUTES September 4, 2014 construction of the new 78-space parking structure over the existing lot, parking is adequate to support the two new buildings. (d) Traffic generation, hours of operation, noise levels and outdoor lighting; Traffic impacts are assessed by the County for any additional traffic trips placed on the regional transportation network. The Meadowland Commercial Plat is restricted to 209,900 square feet of commercial use. The construction of this application would leave approximately 22,156 square feet of commercial use available on the plat for future expansion. It is not expected that noise levels or hours of operation for the office building or McDonald s will exceed those of the adjacent shopping center, gas station or other adjacent fast food restaurants. (e) Alteration of light and air; The maximum height of the three story office buildings is 36-feet; which is under the maximum 45-foot building height allowed in the B-1 zoning district. The buildings have been designed to be connected by covered patios and walkways allowing air to flow freely between them. Existing light and air flow patterns to adjacent properties will not be diminished with the construction of the proposed buildings. (f) Setbacks and buffers Fences, walls, landscaping and open space treatment. To be compatible, design treatments must reflect consideration of adjoining and surrounding development and land use. When completed, the Commons office complex and McDonald s restaurant will provide an additional 8,588 squarefeet of landscape area above the amount required by Code. The project meets all building setback requirements; however the McDonald s parking lot encroaches into its required landscape buffer. A revised landscape plan for the relocation and mitigation of the existing trees being removed by the construction of the new office building must also be provided. There are no adjacent residential use issues that might require additional screening. (g) Conditions, uses or activities which pose a significant risk to the safety or security to those under 18 years of age using schools, churches, parks, playgrounds or other facilities which cater to those under 18 years of age; As office and restaurant use, the application is not proposing any uses or activities that would pose a significant risk to the safety or security of persons less than 18 years of age. (h) Outside activities associated with the proposed use which could interfere with the peace and/or tranquility of residences or propose a significant risk to the safety or security of children in public or private schools, day care facilities, churches, parks, playgrounds and other places that cater to children under the age of 18 or places which regularly provide facilities for such children to gather; and The McDonald s restaurant is proposing a small 200 square-foot outside dining area with less than 12 seats. Otherwise all business activities will be performed within the buildings. (i) Conditions, uses, or activities which could pose a significant risk to the safety or security of single family residences within 500 feet of the lot the upon which the use will occur. There are no single family homes located within 500-feet of this application. SUMMARY: Staff s review of application 01-B1-160 has found that the proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the Comprehensive Plan, and that the proposed uses are permitted per the Land Development Code. City Landscape Architect The landscape plan is approved with the following conditions: 1. Submit landscape plan and 5

7 PLANNING AND ZONING BOARD September 4, 2014 mitigation plans with calculation showing the parking structure. This is required for a landscape review of the total site. 2. Per Section (j) (4) twenty-one (21) trees relative to the height of the building are required, three (3) on the plan satisfy this code. Trees are to be a minimum of 14 feet tall and palms 12 feet of grey wood. Submit the plan and plant list showing trees meet this code requirement. Note existing trees may count toward this requirement. 3. Existing trees removed from the site must be mitigated per Section (h). Section (h) (2) outlines the tree replacement calculation. Per this section an additional 50% of canopy is to be replaced. Note, trees over and above the required trees may be counted toward meeting mitigation. 4. Per Section 98-81(2)(b) mitigation, once determined, may be achieved in two ways; (1) the applicant may plant additional trees on the site to satisfy this requirement or (2) for trees which cannot be mitigated on site, the applicant will have to pay into the Beautification Trust Fund. Communicate with the City Landscape Architect once the mitigation option is decided. 5. Per Section (b)(2) perimeter landscape buffers along common property lines is to be 5 feet. Add to the buffer on the NW corner abutting the property line to satisfy this requirement. 6. Per Section (d) (1) & (2) show the sight triangles on the plan. Environmental Services This site plan was reviewed and approved by Charles DaBrusco, Director of Environmental Services/City Engineer with the following comments: engineering permitting process, include any water and sewer lines to be proposed. August 28, 2014 Page 6 of 6 Application 01-B1-160 Revision 4 Prior to the issuance of a building permit, the developer/contractor must apply for and receive an Engineering Permit. During the engineering permit process, further engineering review will be made and comments provided as required. Responsible developer/contractor must contact Engineering Department at for issuance guidelines. Recycling & Solid Waste This site plan has been reviewed by the Recycling and Solid Waste Management Department and was found to be unacceptable as it relates to collection services and location of Recycling/Solid Waste receptacles. There are two trash enclosures located on the site plan, however, no specifications have been provided. If you have any questions, please contact the Recycling and Solid Waste Management Department at Fire/Rescue The site plan has been DENIED by Fire/Rescue based on the following comments: 1. Show fire department access 20 feet wide and 50-foot turning radius throughout complex. 2. A fire department access road shall extend to within 50 feet of at least one exterior door that can be 6

8 PLANNING AND ZONING BOARD MINUTES September 4, 2014 opened from the outside. 3. Dead end fire department access roads in excess of 150 feet in length shall be provided with approved provisions for fire apparatus. 4. Show location of all fire hydrants. 5. Show location of the FDC, Backflow for fire sprinkler system for the 3 story building. A complete set of permitted plans must be submitted for review and approval prior to all construction. All permitted plans must comply with Broward County Local Amendments to the Florida Fire Prevention Code, NFPA 1-Fire Code, Florida Edition 2010, NFPA 101-Life Safety Code, Florida Edition Chairman Drosky asked for clarification on the location of the dumpster. Ms. Stevens replied that one of them is located by Mc Donald s in the middle and the existing one is near the office building. Andrew Waldman, 1255 S. Military Trail, Suite 200, representing the applicant requested that the application be approved based on them meeting the requirements outlined by staff. He further explained that a meeting was held today with the Fire Marshall and they agreed to satisfy their concerns 100 % and to engage the services of a fire prevention engineer. He added that the Fire Marshall was concerned with how the applicant was going to facilitate all of the construction and he was not aware that the parking structure and the buildings will be sprinkled because it is not on the plans. He said that the buildings are already sprinkled and this changes the number of options relative to what they can do. Logistically, staff is concerned about how it is constructed that they may be able to service and protect the existing building in the rear. Additionally, he said that the fire marshal was also not aware that immediately to the west of the plan there is a parking lot that is not included on the site plan. He commented that this would allow the fire department access to the 50-foot side of the building providing the 150-dead end portion by the property where the raised parking structure will be located. Vice Chairman Hillman asked if this application is for site plan approval only and not zoning. Ms. Stevens replied that is correct. Assistant City Attorney Sinaiwsky asked if the applicant accepts the recommendations from all the city departments. Mr. Waldman replied yes. Chairman Drosky acknowledged that there are two drive-thru lanes for Mc Donald s that will help with traffic and asked if the applicant has concerns that traffic will back up towards Military Trail and not away from it. Mr. Waldman replied no and there is an existing turn lane on Military Trail and traffic will also 7

9 PLANNING AND ZONING BOARD September 4, 2014 enter from the north side of the property that wraps around. He said that there is adequate stacking and the dual drive-thru kiosk will help to move the cars quickly. He acknowledged that 4 representatives from Mc Donald s are in the audience and are willing to answer any of the Board member s questions. Chairman Drosky invited the public to speak for or against the application. No one came forward. Motion was made by Mr. Lavoie and second by Vice Chairman Hillman to close the public hearing. The motion CARRIED unanimously. Motion was made by Mr. Lavoie and second by Mr. Thomas to approve Application 01-B Revision 4 including all of the staff s comments. The motion CARRIED unanimously. PUBLIC HEARING PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amendment to various sections of the Deerfield Beach Land Development Code Adding brewpub and craft/artisan production as permitted uses. Amanda Martinez, Director of Planning and Development Services summarized the application and advised that more square footage will be allowed in the industrial and outdoor storage in the industrial zoning district and 10,000 square feet in the commercial zoning district. She added that the outdoor parking on the beach was updated because it is more restrictive than the outdoor seating on the beach anywhere else. She said that because there is a lot of walking on the beach and they don t need the parking on site. SUMMARY BACKGROUND/EXPLANATION This is an ordinance to add brewpubs and craft/artisan production as a permitted use in the land development code. Brewpubs are restaurants that also produce beer or wine on site, in limited amounts and craft artisan production includes uses such as microbreweries, coffee roasting, glass blowing and candle making. Brewpubs are being added in the B-1, B-2, PID and TOD zoning districts, where restaurants are permitted. There are additional regulations placed on brewpubs within each district. Craft/artisan production is being added as a permitted use in the B-2, B-3, PID, I, and TOD zoning districts with regulations that will ensure compatibility within each zoning district. This ordinance also includes updates to the definition of restaurant and outdoor seating regulations. The conditional use requirement for more than 12 outdoor seats has been removed and the restrictions on outdoor seating in the beach area have been removed. REQUESTED ACTION: Recommendation to the City Commission on the proposed Land Development Code amendment. Chairman Drosky acknowledged that the City of Pompano Beach has been in the news regarding promoting the craft industry and asked if this is in competition with what they have. 8

10 PLANNING AND ZONING BOARD MINUTES September 4, 2014 Ms. Martinez replied that other cities have been doing it and Deerfield Beach s ordinance is more extensive than Pompano Beach. Marcia Stevens, Chief Planner, Long Range Planning, advised that some of the other cities language is limited to micro/brewery. Chairman Drosky invited the public to speak for or against the application. No one came forward. Motion was made by Mr. Thomas and second by Mr. Lavoie to close the public hearing. The motion CARRIED unanimously. Motion was made by Vice Chairman Hillman and second by Mr. Lavoie to approve the Land Development Code Amendment. The motion CARRIED unanimously. REPORTS STAFF'S REPORT October Meeting - Ms. Martinez reported that there is one land development code amendment and possibly two site plans for next month's meeting. CHAIRMAN'S REPORT NONE MEMBER'S REPORTS NONE ADJOURNMENT There being no further business, motion was made by, Vice Chairman Hillman and second by, Mr. Lavoie to adjourn. The motion CARRIED unanimously. The meeting was adjourned at 7:25 p.m. 9

11 PLANNING AND ZONING BOARD September 4, 2014 Todd Drosky, Chairman Planning and Zoning Board 10

12 DEERFIELD BEACH Agenda Item #1 PLANNING & ZONING BOARD Thursday, October 2, 2014 PROPOSED LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: Amendment to the Deerfield Beach Land Development Code relating to medical marijuana treatment centers. SUMMARY BACKGROUND/EXPLANATION On November 4, 2014, the electors of the State of Florida will be voting on a referendum providing for an amendment to the Florida Constitution which will have the effect of legalizing the dispensing of marijuana for medicinal purposes. Safety and security issues exist with respect to businesses or persons cultivating, processing, or distributing marijuana because this will likely be in the context of the maintenance of large drug inventories which are not presently permitted by federal law and may involve dealing in cash. Such businesses may develop if the proposed amendment is adopted and will likely become attractive targets for criminals thus making regulation crucial to the public health, safety and welfare. Staff has reviewed various ordinances and legislative findings regarding the impacts of marijuana dispensaries/medical marijuana treatment centers to the surrounding areas; this ordinance is intended to protect the public health, safety and welfare by the limiting the negative secondary effects that are likely to result from the dispensing of marijuana, and to provide for appropriate zoning for facilities which may lawfully dispense marijuana for medical purposes. REQUESTED ACTION: Recommendation to the City Commission on the proposed Land Development Code amendment. ATTACHMENT: The proposed ordinance amending the Land Development Code.

13 ORDINANCE NO XXX AN ORDINANCE OF THE CITY OF DEERFIELD BEACH, AMENDING THE LAND DEVELOPMENT CODE RELATING TO MEDICAL MARIJUANA TREATMENT CENTERS; AMENDING SECTION 98-3 THE LIST OF DEFINITIONS TO PROVIDE A DEFINITION OF MARIJUANA, MEDICAL MARIJUANA TREATMENT CENTERS, QUALIFYING PATIENT AND SMOKE SHOP; AMENDING SECTION (b) AND (c), ADDING SMOKE SHOP AS A PERMITTED USE AND AMENDING THE LIST OF CONDITIONAL USES IN THE B-3 ZONING DISTRICT TO INCLUDE MEDICAL MARIJUANA TREATMENT CENTERS, PROVIDING FOR SPECIFIC STANDARDS, REGULATIONS FOR MEDICAL MARIJUANA TREATMENT CENTERS; CREATING A NEW SECTION PROHIBITING MEDICAL MARIJUANA TREATMENT CENTERS IN ALL ZONING DISTRICTS WITHIN THE CITY OTHER THAN THE B-3 ZONING DISTRICT AND PROHIBITING THE CULTIVATION OF MARIJUANA ANYWHERE IN THE CITY; AMENDING SCHEDULE B, OFF-STREET PARKING REQUIREMENTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS: WHEREAS, on November 4, 2014, the electors of the State of Florida will be voting on a referendum providing for an amendment to the Florida Constitution which will have the effect of legalizing the dispensing of marijuana; and WHEREAS, safety and security issues exist with respect to businesses or persons cultivating, processing, or distributing marijuana because this will likely be in the context of the maintenance of large drug inventories which are not presently permitted by federal law and may involve dealing in cash; and WHEREAS, such businesses as may develop if the proposed amendment is adopted will become attractive targets for criminals thus making effective regulation crucial to the public health, safety and welfare; and WHEREAS, the City Commission has reviewed various ordinances and legislative findings regarding the impacts of marijuana dispensaries/medical marijuana treatment centers to the surrounding area; and WHEREAS, City of Napa California noted, in adopting its ordinance regulated the dispensing of marijuana for medical purposes that several California cities and counties experienced adverse public safety impacts associated with unregulated medical marijuana dispensaries or an overconcentration of medical marijuana dispensaries within a single jurisdiction, including increased crime; and 1

14 WHEREAS, the California police Chief s Association compilation of police reports and statistical research noted by the City of Napa supported the legislative intent by that City that the regulation of medical marijuana treatment centers was necessary to avoid the adverse secondary effects attendant to such facilities: and WHEREAS, the City Commission of the City of Deerfield Beach has determined that it is necessary to adopt regulations in order to protect the public health safety and welfare and to limit the negative secondary effects that are likely to result from the dispensing of marijuana, and to provide for appropriate zoning for facilities which may lawfully dispense marijuana for medical purposes; and WHEREAS, it has also been determined that if this ordinance is approved by the City of Deerfield Beach City Commission, this ordinance would not take effect or be enacted until after the State of Florida does in fact legalize the sale of marijuana, whether for medical or recreational uses, and WHEREAS, the City Commission has the responsibility and authority to determine what uses are best suited to particular zoning categories as well as land use categories within the City and the appropriate safeguards to protect the public health safety and welfare; SECTION 1. The above Whereas clauses reflect the intent of the City Commission in adopting this ordinance. It is further the intent of the City Commission that this ordinance provide for zoning regulations which further the health and welfare of the citizens of the City of Deerfield Beach and permit facilities which dispense marijuana under circumstances which account for any potential negative secondary effects of such business, which provide for compatibility of uses and proper development standards. It is further the intent of the City Commission that this ordinance shall become effective only upon action by the State of Florida which legalizes the dispensing of marijuana for medical purposes. Nothing in this ordinance shall be deemed to authorize the growth, dispensing or use of marijuana for any purpose unless specifically provided for under state law. This ordinance is adopted solely for the purpose of regulating the dispensing of marijuana for medical purposes, should, and to the extent, said dispensing of marijuana for medical purposes becomes legal in the State of Florida; until the official date the use of and sale of marijuana and marijuana products for medical purposes is legal under Florida law and all actions required of the State of Florida in developing rules and regulations for such sale, transfer, and use of marijuana for medical purposes are adopted and in force, the use, sale, or dispensing of marijuana shall not be legal in the City of Deerfield Beach. SECTION 2. Section 98-3 Definitions of the Land Development Code is amended as follows: Sec Definitions..... Marijuana shall have the meaning given cannabis in Section (3), Florida Statutes (2013). 2

15 .... Medical Marijuana Treatment Center means an entity, facility or pharmacy that acquires, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments) sells, dispenses, processes orders for, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered with the State of Florida Department of Health or its successor agency..... Qualifying patient means a person who has been diagnosed with a debilitating medical condition, who has a physician certification and a valid qualifying patient identification card as provided by Florida law and is authorized under Florida law to legally use marijuana..... Smoke Shop means a retail outlet specializing in smoking or vaporization paraphernalia used for the consumption of tobacco, marijuana, legal highs, legal party powders, New Age herbs, or for any vaporization use product, as well as counterculture art, magazines, music, clothing and home décor. Products offered include, but not limited to assorted pipes, pipe screens, bongs (also referred to as water pipes), cigarette clips, vaporizers, rolling papers, rolling machines, scales, incense, and custom cigarette lighters..... SECTION 3. Section (b) and (c) B-3 general business of the Land Development Code is amended as follows: (b) Permitted uses. The followings uses shall be permitted principle uses in the B-3 zoning district: (1) Building materials supply/distribution to the trade - (includes, but not limited to, hardware, lumber, millwork, plumbing); (2) Printing; (3) Trade shops: metal work, woodworking, plumbing, roofing, electrical, and associated building trades; (4) Store, retail (in accordance with land use plan limitations); (5) Essential services; (6) Lawn service; (7) Commercial bakery; (8) Exterminator; (9) Medical or dental lab; (10) Offices, business and professional; (11) Warehouses; mini-warehouses; (12) Wholesale trade; (13) Boat repair; (14) Plant nursery; 3

16 (15) Automotive services; (16) Marina; (17) Commercial kitchen; (18) School, vocational; (19) Building cleaning and maintenance services; (20) Sports performance training facility; (21) Indoor recreation, provided: a. The location, design, and operation of an indoor recreation shall not adversely affect the continued use, enjoyment, and development of adjacent properties. In considering this requirement, particular attention shall be focused on noise, pollution, and traffic; b. The use is in accordance with the land use plan limitations; c. Alcoholic beverage sales may not be permitted as an accessory use. (22) Craft/artisan production (in accordance with land use plan limitations) provided: a. There is a non production area dedicated for uses such as retail, eating, drinking, tasting that is at least 10 %, but no more than 30% of the total floor area; b. The facility must front a street or have a well-marked and visible entrance; c. All production, processing and distribution activities are to be conducted within an enclosed building; d. Access and loading bays shall not face any street, excluding alleys; e. Silos are permitted as accessory structures and must obtain site plan approval; the maximum height shall be as allowed in the dimensional requirements of the zoning district. f. Live music or entertainment shall only be allowed as an accessory use. All noise generated by live music or entertainment activities shall be fully contained within the building. Sec (23) Smoke shop provided: a. No smoke shop shall be located within 500 feet of any other smoke shop or within 250 feet of a medical marijuana treatment center; and b. A smoke shop may not be located within the same building containing a medical marijuana treatment center or another smoke shop, and c. All separation measurements set forth above shall be made by taking a straight airline route from the nearest points on the property lines between the two uses being measured. (c) Conditional uses. Upon application and after a favorable determination by the Special Master or the board of adjustment or the city commission (where the conditional use is part of the site plan application) that all conditions and provisions of a conditional use have been met, the uses listed below may be permitted as conditional uses in this district. In addition to any provisions listed herein, all proposed conditional uses shall comply with the requirements of this Code, be heard and decided by the board of adjustment Special Master (or city commission where applicable) as set forth herein and be consistent with the goals, objectives and policies of the city's comprehensive plan. 4

17 (1) Automobile repair garage provided the requirements of this Code are complied with. No vehicle may be stored in the public right-of-way while such vehicle is in the custody of the automobile repair garage. No vehicle may be stored in the required parking spaces for the business except temporarily while a customer is picking up or dropping off the vehicle. No vehicle may be stored in any required landscaped area. For the purpose of this section, the term "vehicle" shall mean any vehicle regardless of type, including, but not limited to cars, trucks, motorcycles, scooters, boats, trailers, allterrain, and recreational vehicles. An automotive body shop shall contain within said shop, a spray paint booth constructed in compliance with the National Fire Code; (2) Fabricating, assembly and processing operations which produce no noise, smoke or other pollutants noticeable at the property line of the subject site; (3) Outside storage provided: a. The outside storage is subordinate to the principal use located on the same property; and b. The outside storage area does not abut a residential district; and c. The storage area is in a rear or side yard and screened according to the requirements of this Code; and d. The height of the material stored does not exceed the height of the screening. (4) Boat yard/boat basis; (5) Auto rental agency; (6) Check cashing store; (7) Astrologist, palmist, psychic, and related services; (8) Halfway house; provided the parcel upon which it is located is at least 1,000 feet from the nearest RS-5, RS-7, RM-10, or RM-15 zoning district and no halfway house is located within a radius of 1,000 feet of an existing halfway house. (9) Pain management clinics are subject to the requirements set forth in Section of this Land Development Code. (10) Medical Marijuana Treatment Center subject to meeting the following criteria and continuing compliance with the following conditions: a. No medical marijuana treatment center shall be located within 1,000 feet of any school (public or private as defined in Sections or Florida Statutes), house of worship, licensed day care center, medical clinic or specialty hospital treating persons for substance abuse; or located 250 feet from any residentially zoned property, alcoholic beverage establishment, nightclub, smoke shop, or private club; and 5

18 b. No medical marijuana treatment center shall be located within 1,000 feet of another medical marijuana treatment center or pain management clinic. A medical marijuana treatment center may not also operate as a pain management clinic at the same location or within 1,000 feet, and may not operate as a doctor s office or medical clinic or other facility where medications may be prescribed within 500 feet of such a facility; and c. The medical marijuana treatment center shall be located within a fully enclosed building, provide an acceptable security and operational plan, and a floor plan, (drawn to scale), demonstrating that there is sufficient seating for its patients and business invitees as a requirement of the center s conditional use application. The applicant shall demonstrate that it has incorporated into its floor plan and operational plan reasonable measures to successfully control the center s patient activities which might result in disturbances, vandalism, crowd control inside and outside the building, and traffic control problems. The plans shall at a minimum include security cameras, a silent alarm system that notifies law enforcement, or a private security agency that a crime is taking place, and other necessary measures to provide security for the operation of the medical marijuana treatment center. The security plan shall be submitted as part of the conditional use application. It must be approved by the Broward Sheriff s office as adequate to secure the contents of the facility and assist in assuring that activities in the facility can be monitored and promptly reported to law enforcement in the event there is a violation of the law; and d. No onsite sale, or provision of medical marijuana or other controlled substance shall be permitted except to the extent permitted by state law and any marijuana or controlled substance permitted by state law shall not be consumed on the premises of the medical marijuana treatment center. This restriction shall be controlled by the medical marijuana treatment center; and e. There shall be no drive-thru service or mail or delivery service to qualified patients homes or businesses. All selling, dispensing, payment and activities related to patient services shall occur within an fully enclosed building on the parcel; and f. No medical marijuana treatment center shall sell, market, dispense, provide, or exchange any drug paraphernalia, as defined by state or federal law and shall neither serve nor allow the consumption of alcoholic beverages or contain a smoke shop either as a principal or accessory use; and g. No on site cultivation or processing of marijuana is permissible on the premises of the medical marijuana treatment center or any place else in the City of Deerfield Beach; and 6

19 h. There shall be no on-site storage of marijuana except as reasonably necessary to conduct the business of the medical marijuana treatment center; and i. A medical marijuana treatment facility already in existence shall not be rendered in violation of this section by the subsequent location of a facility listed in subsections a or b within the distance prohibitions; provided that discontinuance of the medical marijuana treatment facility use for 90 days shall cause it to be in violation should it then reopen for business; and j. No living marijuana plants are permitted on the site of the medical marijuana treatment center; and k. All separation measurements set forth above shall be made by taking a straight line route measurement from the nearest point on the property line that contains a medical marijuana treatment center to the nearest point on the property line of the other use to which the measurement is to be applied; and l. Where a medical marijuana treatment center is first located and then a pain management clinic, or medical clinic or specialty hospital which treats persons for substance abuse, or alcoholic beverage establishment or nightclub or private club, or smoke shop which wishes to begin operations at a distance prohibited in subsections a. and b. above shall not be permitted and is specifically prohibited; and m. The above conditions shall not be deemed authority or permission to use, possess, or distribute marijuana in an manner not permitted by state or federal law. n. If approved, the medical marijuana treatment center shall comply with the requirements set forth in Section of the Land Development Code and the conditional use approval shall not be effective to permit the use until the requirements of Section are satisfied and the medical marijuana treatment center license is issued. o. Any applicant granted conditional use approval for a medical marijuana treatment center, in addition to having the continuing obligation to comply with the above requirements, shall as a precondition to obtaining a certificate of use to open and operate the medical marijuana treatment center shall also comply with the requirements of Article VII, Chapter 18 of the City Code. These requirements shall be continuous obligations throughout the operation of the medical marijuana treatment center. 7

20 SECTION 4. A new Section of the Land Development Code is hereby established as follows: Sec Medical Marijuana and Medical Marijuana Treatment Centers. (a) General Regulations. (1) Medical marijuana treatment centers shall be unlawful in all zoning districts located within the City (whether the zoning district is a City zoning district or County zoning district) except for the City B-3 zoning district as set forth in Section (c) as a conditional use. (2) No dispensing, sale, administration, or transfer of marijuana shall be permitted except within a medical marijuana treatment center operating in compliance with Section (c) within the B-3 zoning district and applicable Florida law. (3) The growing or cultivation of marijuana shall be prohibited throughout the City and shall not be permitted in any zoning district located in the City. (4) Nothing contained in this code shall be construed to grant permission or authority for any party to use, sell, possess, or distribute marijuana except to the extent specifically permitted by state law, nor shall this section require or authorize the violation of federal law. SECTION 5. SCHEDULE B. Off-STREET PARKING REQUIREMENTS of the Land Development Code is amended as follows: SCHEDULE B. OFF-STREET PARKING REQUIREMENTS (1) Airports, heliports, railroad passenger stations and bus terminals One space per four seating accommodation for waiting passengers, plus one space per each employee on shift of greatest employment. (2) Animal hospitals One parking space for each 300 square feet of floor area. (3) Asphalt and concrete batching plants One space per 500 square feet of gross floor area, plus 1 space per each vehicle parked overnight on the premises. (4) Athletic field 20 parking spaces for every diamond or field. (5) Automobile dealerships and sales, boat sales, mobile home sales, truck and trailer sales, machinery sales, and commercial nurseries Five spaces per 1,000 square feet of gross floor area of office/showrooms, plus one space per 2,000 square feet of outdoor vehicular display, plus parking as required for service and repair uses on site. (6) Automotive services, automotive repair One parking space for each 150 square feet gross floor area. (7) Bar/Alcoholic Beverage Establishment One space for each 50 square feet of customer service area, plus one space for each 400 square feet or fraction thereof, of other area, and one space for each two lineal feet of bar. (8) Beauty or barber shop One parking space for each 200 square feet of gross floor area. 8

21 (9) Boarding kennel One parking space for each 600 square feet of gross floor area. (10) Bowling alley Four spaces for each alley. (11) Brewpub One space for each 50 square feet of indoor/outdoor customer service area plus one space for each 500 square feet, or fraction thereof remaining gross building area. (12) Churches, temples or places of worship One space for each four seating spaces in the main auditorium or chapel area. (13) College and university Five-tenths space per student and one space per each staff member and employee, plus one space for each four seats in auditorium and other places of assembly or facility available to the public. (14) Community pools for residential complexes over 100 units and/or clubhouse If there is no primary structure, a minimum of seven spaces shall be provided. Otherwise, provide one space per 200 square feet of floor area. (15) Convenience store One space for each 150 feet of gross floor area. (16) Country, golf or tennis club Three spaces per golf hole and/or 2 spaces per sports court plus 1 space for each four seats in an accessory restaurant or bar use. (17) Craft artisan production One space per each 50 square feet of indoor/outdoor customer service area, plus one space for each 1,000 square feet, or fraction thereof remaining gross building area. (18) Cultural and/or civic centers, places of assembly - One space per 250 square feet of gross floor area. (19) Dwellings, multifamily, efficiency 1.5 spaces per each efficiency and one bedroom dwelling unit; two spaces per each two bedroom dwelling unit; and one-half space for each additional bedroom after two bedrooms. (20) Dwellings, single and two family Two parking spaces for each unit. (21) Funeral homes Four spaces per 1,000 square feet of floor area with a minimum of 25 spaces. (22) Gas station- One space for each 200 square feet of gross floor area of retail space and one space for each 150 square feet of customer service area for any accessory restaurant. (23) General business, commercial One parking space per 300 square feet of nonstorage floor area. (24) Golf course Four spaces per hole. (25) Heavy equipment rental One space per every 400 square feet of floor area, plus one space per 2,000 square feet of outside display or storage area. (26) Hospitals, sanitariums, and convalescent homes One space for each patient bed and one space for each 250 square feet of floor area. (27) Hospital, Specialty - One space for each two patient beds and one space for each 400 square feet of remaining floor area. (28) Hotels, motels and motor inns - One parking space per room plus 50 percent of the required parking attendant to any accessory use. (29) Indoor recreation, excluding bowling alleys and shooting ranges One space for each 150 square feet of gross space or one space for each four seats of facilities available for patron use, whichever is applicable to the facility. (30) Kindergarten, day nursery, pre-school or adult day care center One space per each employee or assistant plus one space for each ten adults or children licensed to be enrolled (with a minimum of five such additional spaces). (31) Libraries, museums, art galleries One space for each four seats or each 200 square feet 9