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P.H. 2017-44: (PUBLIC HEARING 2ND READING)
AN ORDINANCE AMENDING CHAPTER 155, “ZONING CODE,” OF THE CODE OF ORDINANCES OF THE CITY OF POMPANO BEACH, FLORIDA, BY AMENDING SECTION 155.3703., "ATLANTIC BOULEVARD OVERLAY DISTRICT (AOD)," TO PROHIBIT MEDICAL MARIJUANA ESTABLISHMENTS; BY AMENDING ARTICLE 4, “USE STANDARDS,” BY CREATING PART 7, “MEDICAL MARIJUANA ESTABLISHMENTS,” TO SET FORTH THE PURPOSE AND ESTABLISH USE STANDARDS AND REQUIREMENTS FOR MEDICAL MARIJUANA ESTABLISHMENTS; BY AMENDING SECTION 155.5102., “OFF-STREET PARKING AND LOADING,” TO PROVIDE FOR MEDICAL MARIJUANA ESTABLISHMENTS; BY AMENDING PART 5, "TERMS AND USES DEFINED," BY CREATING DEFINITIONS RELATED TO MEDICAL MARIJUANA ESTABLISHMENTS; BY AMENDING APPENDIX A: "CONSOLIDATED USE TABLE," TO REVISE SAID TABLE TO CONFORM TO AMENDMENTS MADE BY THIS ORDINANCE TO REFLECT AUTHORIZED ZONING DISTRICTS WITHIN THE CITY FOR VARIOUS MEDICAL MARIJUANA USES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
FIRST READING: APRIL 11, 2017
staffcontact
(Staff Contact: Robin Bird)
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Summary Explanation/Background:
The proposed Ordinance are text amendments to the Zoning Code to create standards for Medical Marijuana Establishments. There are two versions of the Ordinance (Option A and Option B) and the differences reflect the P&Z Board's recommendations which are explained further. On June 28, 2016, via Ord. 2016-16, the City Commission adopted a 180 day moratorium on any and all uses related to medical cannabis. On November 8, 2016, via Ord. 2017-06, an extension to the moratorium was adopted. The moratorium is scheduled to lapse on May 8, 2017. During this time, Staff undertook a comprehensive review of existing and proposed state legislation and administrative rules related to medical cannabis (aka medical marijuana), industry information regarding the processing, dispensing, and testing of medical cannabis, and studies related to the safety, security, hours of operation, noise, traffic, parking and odor. This research is the basis of the proposed text amendments, which is the creation of Medical Marijuana Establishment (MME) regulations in the Zoning Code with numerous requirements, including separation standards. The text amendments were first presented at the February 22, 2017 P&Z Board Hearing. The P&Z Board recommended approval of the text amendments with a 4 to 2 vote with a condition that the recommendation to prohibit Medical Marijuana Retail Establishments from locating with the NWCRA boundary be removed. Staff subsequently determined that the text amendments should be slightly modified to require Medical Marijuana Retail Establishments to be located on arterial roadways, in order to ensure the locations would be better suited to accommodate retail level traffic. The text amendments were therefore re-presented at the March 22, 2017 P&Z Board Hearing and with a vote of 3 to 3 the P&Z Board did not render a recommendation. Due to the recommendations rendered by the P&Z Board, there are two Ordinance options for consideration by the City Commission. Option A includes all of Staff's recommended requirements, including the prohibition of Medical Marijuana Retail Establishments in the NW CRA and the requirement for Medical Marijuana Retail Establishments to be located on Arterial Roadways. Option B reflects the P&Z Board's recommendations and therefore does not include the prohibition of the Retail Establishments in the NW CRA nor the requirement for the Retail Establishments to be located on Arterial Roadways. Staff's analysis of potential locations of Medical Marijuana Retail Establishments for both Option A and B is included in the back-up.
NOTE: At the April 11th City Commission meeting, the Commission voted to use the ordinance labeled Option A, with one revision approved by the Commission to correct the typographical error in Section 154.4703.A.3.a.II. The attached Option A reflects the revised version requested by the Commission.
Origin of request for this action: Development Services Department
Fiscal impact and source of funding: N/A