Medical Marijuana Ordinance

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Presentation transcript:

Medical Marijuana Ordinance Planning and Land Development Regulation Board September 19, 2017 Planning Department

Senate Bill 8-A Clears Hurdles Senate Bill 8-A Passes June 2017 Supercedes previous direction and rules. This issue is likely to be dynamic and fluid, with more changes in the future.

Senate Bill 8-A Regulation of Facilities Facilities cannot be within 500 feet of public or private schools. Enclosed structure. Florida Building Code and Fire Code applies. Hours of operation 7 am to 9 pm. No visible advertising from street. Dusk to dawn lighting. Alarm system and motion detector on unit openings, along with a secure room or vault. Senate Bill 8-A Regulation of Facilities On the ground.

Preemption Language in 8-A The City cannot ban a MMTC growing or processing facility. The City can ban MMTC dispensaries; however, If the City chooses not to ban MMTC dispensaries then the City cannot be more restrictive than it currently regulates pharmacies. Choice SB -8A offers.

Two Types of Pharmacy Sales Retail with Pharmacy Pharmacy (stand alone) Winn Dixie Publix CVS Walgreens Palm Coast Pharmacy Home Care Pharmacy Pinnacle Pharmacy Palm Coast – Town Center Pharmacy @ City Centre Choice SB -8A offers.

COM-1 COM-2 OFC-2 OFC-1 MPDS COM-3 Where does the City of Palm Coast Allow Retail w/ Pharmacies & Pharmacies? COM-1 COM-2 OFC-2 OFC-1 MPDS COM-3 Expands medical condition, and use potential. Many different forms and methods.

Current Retail / Pharmacy Locations 11 in COM-2 2 in Office -1 1 in Office -2 4 in MPDs 5 pharmacies that would be characterized as drug stores. 1 –ofc-1, 2-ofc-2, 1-com-2, mpd.

Dispensary Images in FL

OPTIONS Ban MMTC Dispensary locations. Maintain the status quo & allow w/ current standards. Amend the LDC to define pharmacy as allowed within specific districts in the Zoning table. Extend the Moratorium.

COUNCIL DIRECTION Amend the LDC to define pharmacy as allowed within specific districts in the Zoning table with the intention of excluding this use within Neighborhood Commercial (COM-1).

RATIONALE Much of the City’s COM-1 is located interior to neighborhoods. COM-1 is intended for daily neighborhood needs. Preference for use to be located in larger, more accessible & visible locations. No pharmacies located in COM-1; therefore – no grandfathering issues.

PROPOSED ORDINANCE Defines Pharmacy & defines Medical Marijuana Treatment Center (MMTC). Allows use in COM-2 & COM-3 and OFC- 1 and OFC-2. Use specifically excluded from COM-1. Use allowed in MPDs if pharmacy use is specified.

Current Status Medical Marijuana related activity in City is under a moratorium pending this Ordinance. Scheduled for City Council readings on October 3rd and October 17th.

THANK YOU Questions?