CITY OF WEST PALM BEACH DOWNTOWN ACTION COMMITTEE Meeting Date: May 15, 2018 Code Revision Case No

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1 CITY OF WEST PALM BEACH DOWNTOWN ACTION COMMITTEE Meeting Date: May 15, 2018 Code Revision Case No Regulations for Medical Marijuana Dispensaries I. REQUEST A city-initiated request for a text amendment to the City s Zoning and Land Development Regulations, Section (a), General uses with special requirements allowing Medical Marijuana Dispensaries within the downtown area with certain conditions. Affected properties are located within Commission District No. 3 - Commissioner Paula Ryan. Case Manager: Paul Greilich, Senior Planner Phone: (561) pjgreilich@wpb.org II. RECOMMENDATION APPROVAL Based on the findings that the petition meets all eight (8) Amendment Standards found in Section of the City of West Palm Beach Zoning and Land Development Regulations (ZLDR). (1) Consistency with the Comprehensive Plan (2) Changed Conditions (3) Conformance with the City Development Code (4) Inconsistency with the Existing and Proposed Land Uses (5) Capacity of Public Facilities (6) Adverse Impact on the Natural Environment (7) Adversely Affects Property Values in the Area (8) Orderly and Logical Development Pattern II. BACKGROUND On June 16, 2014, the Compassionate Medical Cannabis Act of 2014 was signed into law, allowing certain patients access to medical marijuana prescribed by qualifying physicians. Florida voters subsequently passed Amendment 2 in November 2016, which expanded the availability of medical marijuana to qualifying patients with other conditions including cancer, epilepsy, glaucoma, AIDS, PTSD, Crohn s Disease, Parkinson s disease, and Multiple Sclerosis. In response to Amendment 2, the State of Florida adopted new regulations regarding medical marijuana in June of 2017 (Senate Bill 8A). As a result, a total of 17 licenses to grow and process medical marijuana will be issued to Medical Marijuana Treatment Centers (MMTCs) (thirteen have been issued to date). An additional four licenses will be issued when the medical marijuana registry reaches 100,000 patients, and for each 100,000 patients registered thereafter.

2 Ultimately, it is estimated that 400,000 patients will be registered by 2022, resulting in a total of 33 State-licensed MMTCs. The State of Florida permits each MMTC to deliver medical marijuana and to open 25 Medical Marijuana Dispensaries statewide, where medical marijuana will be sold at retail to qualified patients. Each MMTC will be allowed to open a maximum of eight dispensaries in the Southeast region of Florida, which includes Monroe, Miami-Dade, Broward, Palm Beach, and Martin Counties, for a potential total of 264 Medical Marijuana Dispensaries by 2022 (approximately 1 per 250,000 residents). Senate Bill 8A gives Florida municipalities two options in regulating Medical Marijuana Dispensaries. Municipalities can choose to either ban them outright within their borders or allow them and not enact regulations or restrict locations which are more restrictive than regulations, or locations for pharmacies, with the exception of a 500 foot separation distance from public or private elementary, middle or secondary school. Additionally, if a Florida municipality decides to allow dispensaries, they may not restrict the number of Medical Marijuana Dispensaries within their boundaries. The City s ZLDRs allow pharmacies to locate in General Commercial (GC), Neighborhood Commercial (NC), Community Service (CS), Northwood Mixed Use (NMUD), Industrial (I) and Industrial Light (IL) zoning districts. Within the Downtown Master Plan, pharmacies are permitted in all districts with the exception of residential subdistricts (Brelsford Park, Northwest Neighborhood and Providencia Park). The 500 foot separation distance would apply to four schools within the DMP: Rosarian Academy, St. Ann Catholic School, Alexander W. Dreyfoos School of the Arts, and UB Kinsey Elementary School of the Arts (ATTACHMENT A). Staff took an initial text amendment permitting Medical Marijuana Dispensaries with extra requirements, including mandatory separation distance between dispensaries and restrictions on certain zoning districts before the City s Planning Board in December of However, in light of the regulations that came out of the 2017 Legislative Session, the City Commission determined a zoning in progress was the most appropriate course of action to take while new rules were being adopted via Senate Bill 8A. After the new regulations were adopted in June 2017, Staff resumed work on the proposed amendment. The topic was then presented at the September 5, 2017 and October 16, 2017 work sessions, and brought before the Planning Board on October 17, 2017, where the Planning Board voted unanimously in favor of allowing dispensaries. However, this amendment did not contain any language applicable to the DMP. The topic was brought up again at the February 5, 2018, and April 16 th, 2018 Mayor Commission work sessions, where Staff was ultimately directed to move forward with an amendment to the City s ZLDRs to allow Medical Marijuana Dispensaries in West Palm Beach. Part of Staff s analysis has examined restricting Medical Marijuana Dispensaries along high visibility corridors such as Clematis Street and Rosemary Street. If Medical Marijuana Dispensaries were to be banned on corridors such as these, pharmacies would also be banned, and consequently is not being included as part of this amendment at this time. The following amendment reflects the directive of the City Commission to allow Medical Marijuana Dispensaries in non-residential subdistricts of the downtown area. A separate amendment is being processed for the rest of the city. Page 2

3 III. ANALYSIS 1. Existing Regulations Medical Marijuana Dispensaries are currently not permitted in any zoning districts within the City of West Palm Beach. In order for Medical Marijuana Dispensaries to be permitted in nonresidential subdistricts within the DMP, it necessitates a Zoning and Land Development Regulations (ZLDR) text amendment. Staff reviewed the types of uses currently permitted in the non-residential subdistricts within the DMP, which allow a variety of uses including pharmacies, medical offices, retail, and commercial. Medical Marijuana Dispensaries would be compatible with other uses in the nonresidential subdistricts within the DMP as well as the general areas in which non-residential subdistricts within the DMP have been designated. 2. Proposed Changes Upon review of State laws and existing local regulations, Staff is recommending that the proposed text amendment allow Medical Marijuana Dispensaries as a use permitted subject to extra requirements in all districts of the DMP, except residential subdistricts (Brelsford Park (BPD-R), Northwest Neighborhood (NWD-R-C1) and Providencia Park (PPD-PO and PPD-R)). The proposed text amendment is provided in ATTACHMENT B. The proposed text amendment that will apply City-wide is provided in ATTCHMENTS D-F. Staff has also reviewed the requested text amendment for consistency with the Future Land Uses where non-residential subdistricts within the DMP may be located. Allowing Medical Marijuana Dispensaries in non-residential subdistricts within the DMP is consistent with the Future Land Uses where non-residential subdistricts within the DMP zoning districts are permitted. Staff has determined that the request complies with all eight (8) of the Amendment Standards found in Section of the City s Zoning and Land Development Regulations as detailed in ATTACHMENT C. Therefore, Staff is recommending approval of the requested amendment. Prepared and Respectfully Submitted by: Paul Greilich, AICP Senior Planner Page 3

4 Page 4 ATTACHMENT A PERMISSIBLE LOCATIONS WITHIN DMP

5 ATTACHMENT B Proposed Text Amendment to Chapter 94. All underlined text is added and all text that is strike-through is deleted. Asterisks, * * * * *, indicates language not amended which has been omitted to save space. Chapter 94 ZONING AND LAND DEVELOPMENT REGULATIONS Sec (a) General uses with special requirements. (8.a) Medical marijuana dispensaries. Medical Marijuana Dispensaries shall be permitted within the urban core planning area, except residential subdistricts, provided the following conditions are met: (8.b) Micro-units 1. Separation distance. A Medical Marijuana Dispensary shall not be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school. Page 5

6 ATTACHMENT C AMENDMENT STANDARDS SECTION In reviewing a proposed rezoning, Section of the City s Zoning and Land Development Regulations requires that the Planning Board shall consider all of the following: 1. Whether the proposed amendment is consistent with all elements of the City of West Beach Comprehensive Plan. The City s Comprehensive Plan provides general guidance for the growth and future development of the City. The proposed amendment will allow for Medical Marijuana Dispensaries in the GC, NC, CS, NMUD, I, and IL zoning districts, and non-residential subdistricts within the DMP which is complementary to the other uses currently permitted within this zoning district and consistent with the Future Land Uses where GC, NC, CS, NMUD I, and IL zoning districts, and non-residential subdistricts within the DMP can be located. Therefore, the amendment is consistent with all elements of the City of West Palm Beach Comprehensive Plan. 2. Whether there exist changed conditions that require an amendment. Changes to State laws including the Compassionate Medical Cannabis Act of 2014 and Senate Bill 8A have allowed Medical Marijuana Dispensaries to locate in Florida. The State has given Florida municipalities the option to either ban Medical Marijuana Dispensaries or allow them and regulate them the same as pharmacies, with the exception of a 500 foot separation distance from public or private elementary, middle or secondary school. The City is initiating a request to permit Medical Marijuana Dispensaries in NC, GC, NMUD, I and IL zoning districts, and non-residential subdistricts within the DMP which is currently prohibited. In order for Medical Marijuana Dispensaries to be added as a permitted use subject to extra requirements, it necessitates a Zoning and Land Development Regulations (ZLDR) text amendment. 3. Whether the proposed amendment is in conformance with all applicable portions of the City Development Code. The proposed amendment is consistent with all applicable portions of the City s Development Code. 4. Whether the extent to which the proposed amendment is inconsistent with existing and proposed land uses. Page 6

7 The proposed amendment will allow for Medical Marijuana Dispensaries as a permitted use subject to extra requirements within GC, NC, CS, NMUD, I and IL zoning districts, and nonresidential subdistricts within the DMP and is consistent with existing and proposed land uses. 5. Whether and the extent to which the proposed amendment would exceed the capacity of public facilities, including but not limited to transport, sewerage, water supply, parks, fire, police, drainage, schools, and emergency medical facilities. The proposed amendment will have a minimal impact on the demands of public facilities, nor will it cause the capacity of facilities to be exceeded. 6. Whether and the extent to which, the proposed amendment would result in significant adverse impacts on the natural environment. The proposed amendment will not result in adverse impacts to the natural environment. 7. Whether and to the extent to which the proposed amendment would adversely affect property values in the area. The GC, NC, CS, NMUD, I and IL zoning districts, and non-residential subdistricts within the DMP allow for a variety of uses, including pharmacies, medical offices, commercial, retail and manufacturing. Medical Marijuana Dispensaries are compatible with the uses currently permitted in GC, NC, CS, NMUD, I and IL zoning districts, and non-residential subdistricts within the DMP. As a result, the proposed amendments will not adversely affect property values in the area. 8. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, and the specific identification of any negative effects on such pattern. Medical Marijuana Dispensaries are complementary to uses already permitted in GC, NC, CS, NMUD, I and IL zoning districts, and non-residential subdistricts within the DMP. The proposed amendment to permit Medical Marijuana Dispensaries in GC, NC, CS, NMUD, I Page 7

8 and IL zoning districts, and non-residential subdistricts within the DMP will not negatively affect orderly and logical development patterns. Page 8

9 ATTACHMENT D Proposed Text Amendments to Chapter 94 All underlined text is added and all text that is strike-through is deleted. Asterisks, * * * * *, indicates language not amended which has been omitted to save space. For purposes of brevity the Table below has been reduced to only callout the use affected by the proposed amendment. Article IX. PERMITTED USES, USES PERMITTED WITH EXTRA REQUIREMENTS, AND SPECIAL USES Sec Permitted Use Table * * * * * TABLE IX-1 PERMITTED USE TABLE * * * * * USES SF3 SF SF MF 14 MF 20 MF 32 OC POR AC NC GC CM CC2 I IL ROS CS U T C O N NMUD 78.1 MEDICAL MARIJUANA DISPENSARY PXR PXR PXR PXR PXR PXR Page 9

10 ATTACHMENT E Proposed Text Amendment to Chapter 94 All underlined text is added and all text that is strike-through is deleted. Asterisks, * * * * *, indicates language not amended which has been omitted to save space. Chapter 94 - ZONING AND LAND DEVELOPMENT REGULATIONS Sec Extra requirements for special uses or permitted uses. (78.1) Medical Marijuana Dispensary a. Additional application requirements. 1. Separation distance. A Medical Marijuana Dispensary shall not be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school. b. Additional standards: None. Page 10

11 ATTACHMENT F Proposed Text Amendment to Chapter 94. All underlined text is added and all text that is strike-through is deleted. Asterisks, * * * * *, indicates language not amended which has been omitted to save space. Chapter 94 ZONING AND LAND DEVELOPMENT REGULATIONS ARTICLE XIX - Definitions. Medical Marijuana Dispensary. A facility, operated by a Medical Marijuana Treatment Center (MMTC) in accordance with the Florida Department of Health as a medical marijuana dispensing facility that dispenses medical marijuana to qualified patients or caregivers. A medical marijuana dispensing facility does not prepare, transfer, cultivate or process any form of marijuana or marijuana product. Page 11

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