HomeMy WebLinkAbout2018 03 07 Public Hearings 400 Ordinance 2018-01, First Reading, Prohibition of Medical Marijuana Treatment Center Dispensing Facilities
PLANNING & ZONING BOARD
AGENDA
ITEM 400
Consent
Information
Public Hearing X
Regular
March 7, 2018
Meeting
REQUEST:
The Community Development Department, City Manager, and City Attorney’s Office
requests that the Planning & Zoning Board/Local Planning Agency Board hold a Public Hearing to
consider Ordinance 2018-01, which proposes the prohibition of medical marijuana treatment center
dispensing facilities within the City of Winter Springs.
SYNOPSIS:
At the February 12, 2018 City Commission meeting, the City Commission directed the
City Attorney to prepare an ordinance prohibiting medical marijuana treatment center dispensing
facilities within the City of Winter Springs. The City Commission held a Public Hearing to consider the
First Reading of Ordinance 2018-01 on February 26, 2018.
CONSIDERATIONS:
1. On October 10, 2016, the City Commission adopted Ordinance No. 2016-08 imposing a
temporary moratorium on any and all medical cannabis activities within the jurisdictional limits of the
City of Winter Springs during the moratorium period.
2. On June 12, 2017, the City Commission adopted Ordinance No. 2017-10 extending the
temporary moratorium until April 3, 2018. At that time, the City Commission expressed particular
concern regarding the regulatory uncertainty regarding medical cannabis activities within the State of
Florida due to the fact that the Florida Legislature had not yet enacted any legislation implementing
Amendment 2.
3. Given the City’s temporary moratorium, medical marijuana dispensing facilities are currently
banned within the City of Winter Springs until April 3, 2018.
4. Subsequent to the adoption of Ordinance No. 2017-10, the Florida Legislature held a special
session at which the Legislature enacted SB 8-A (including amendments to Section 381.986, Florida
March 7, 2018
Planning & Zoning Board Agenda, Item 400
23
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Statutes), which are intended to implement Amendment 2. SB 8-A was signed by Governor Scott
on June 23, 2017, and becomes effective immediately.
5. SB 8-A provides that the regulation of cultivation, processing, and delivery of marijuana by
medical marijuana treatment centers is preempted to the state. See 381.986 (11), Florida Statutes.
However, with respect to regulating the location of dispensing facilities of medical marijuana
treatment centers, Section 381.986, Florida Statutes, provides each municipality and county a limited
choice regarding the location of dispensing facilities of medical marijuana treatment centers within
the various local jurisdictions around the state. Specifically, Section 381.986, Florida Statutes
provides that a municipality may, by ordinance, ban medical marijuana treatment center dispensing
facilities from being located within the boundaries of that municipality. This choice only applies to
dispensing facilities and the preemption prohibiting municipal regulations will apply to other aspects
of medical marijuana treatment centers governed by state law.
6. However, a municipality that does not ban dispensing facilities may not place specific limits
on the number of dispensing facilities that may locate in the municipality and, further, may not enact
ordinances for permitting or determining the location of dispensing facilities which are more
restrictive than its ordinances permitting or determining the locations for pharmacies licensed under
chapter 465, Florida Statutes.
7. Therefore, at least with respect to enacting zoning laws regulating the location of dispensing
facilities within the jurisdictional limits of the City of Winter Springs, Section 381.986, Florida
Statutes, appears to provide a “binary choice” for the City Commission to consider: The City
Commission can either: (i) ban medical marijuana treatment center dispensing facilities, or (ii) such
facilities will be treated like pharmacies for purposes of determining permitted locations.
8. Currently, the City of Winter Springs zoning regulations allow traditional pharmacies (drug
and sundry stores) to be located within the C-1, C-2, C-3, Town Center (T-4 and T-5 Transects),
commercial areas in the Tuscawilla PUD, and GID (incidental use) zoning districts. Further, the
wholesale distribution of pharmaceuticals is also permitted in the CC zoning district.
9. At the February 12, 2018 City Commission meeting, the City Commission directed the City
Attorney to prepare an ordinance prohibiting Medical Marijuana Treatment Center Dispensing
Facilities within the City of Winter Springs. Ordinance 2018-01 (attached) amends Chapter 20 of the
City Code to prohibit medical marijuana treatment dispensing facilities from locating within the City.
10. The City Commission conducted a public hearing for the First Reading of Ordinance 2018-01
at their February 26, 2018 meeting. The Second Reading by the City Commission is scheduled for
the March 12, 2018 City Commission meeting.
FISCAL IMPACT:
There is no direct fiscal impact related to the adoption of Ordinance 2018-01.
March 7, 2018
Planning & Zoning Board Agenda, Item 400
33
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:
COMMUNICATION EFFORTS
The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board
members and are available on the City’s Website, LaserFiche, and the City’s Server. The Agenda has
been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff.
Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner’s
Associations on file with the City, all individuals who have requested Agenda information, Department
Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for
the general public. City Staff is always willing to discuss this Agenda Item or any Agenda Item with
any interested individuals.
The notice of public hearing for the proposed Ordinance was advertised in the Orlando Sentinel on
Sunday, February 18, 2018.
STAFF RECOMMENDATION:
Staff recommends the Planning & Zoning Board forward a recommendation of approval to the City
Commission for Ordinance 2018-01.
ATTACHMENTS:
A - Ordinance 2018-01
B - Advertisement - Orlando Sentinel - Sunday, February 18, 2018
ORDINANCE NO. 2018-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 20 OF THE CITY CODE
TO PROHIBIT MEDICAL MARIJUANA TREATMENT
CENTER DISPENSING FACILITIES FROM LOCATING
WITHIN THE CITY; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, on October 10, 2016, the City Commission adopted Ordinance No. 2016-08,
which initially established a temporary moratorium on medical cannabis activities within the
jurisdictional limits of the City during the moratorium period, and said moratorium was further
extended on June 12, 2017 by Ordinance No. 2017-10 until April 3, 2018; and
WHEREAS, subsequent to the adoption of the temporary moratorium, the Florida
Legislature passed SB 8-A, amending section 381.986, Florida Statutes, in the 2017 Special
Session, which was approved by the Governor and became effective immediately on June 23,
2017; and
WHEREAS, SB 8-A implements Article X, Section 29 of the Florida Constitution
(commonly known as "Amendment 2") and further contains specific preemption provisions
regarding dispensary facilities of medical marijuana treatment centers; and
WHEREAS, specifically, SB 8-A provides that a municipality may, by ordinance, ban
medical marijuana treatment center dispensing facilities from being located within the boundaries
of that municipality, but that a municipality that does not ban dispensing facilities may not place
specific limits either on the number of dispensing facilities that may locate in the municipality and,
further, may not enact ordinances for permitting or determining the location of dispensing facilities
which are more restrictive than its ordinances permitting or determining the locations for
pharmacies licensed under chapter 465, Florida Statutes; and
WHEREAS, the City Commission determines that it must update its ordinances relating
to medical marijuana treatment center dispensing facilities to comply with state law; and
WHEREAS, without an ability to regulate the number, location and distance requirements
of medical marijuana treatment center dispensing facilities in a manner different from licensed
City of Winter Springs
Ordinance No. 2018-01
Page 1 of 4
pharmacies, apart from distance from schools, which is set at 500 feet per state law, the City is
unable to promote the public health, safety, and general welfare of its citizens; and
WHEREAS, the City Commission determines that it is in the best interests of the public
health, safety and welfare of the citizens of the City of Winter Springs to ban medical marijuana
treatment center dispensing facilities from being located within the boundaries of the City; and
WHEREAS, the City Commission unanimously directed that the City Attorney prepare
an ordinance to impose a ban on medical marijuana treatment center dispensing facilities in the
City pursuant to Section 381.986(11)(b), Florida Statutes, at its regular City Commission meeting
on February 12, 2018; and
WHEREAS, the City's Land Planning Agency conducted a public hearing and reviewed
the Ordinance at its regular meeting on March 7, 2018, and has recommended approval of the
Ordinance; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,
Chapter 20 is hereby amended as follows (underlined type indicates additions and seetrt type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing
in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
Chapter 20 Zoning
ARTICLE L — IN GENERAL
Sec. 20-1. — Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
City of Winter Springs
Ordinance No. 2018-01
Page 2 of 4
MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY. A facility of a
medical marijuana treatment center, as that term is defined in s. 29, Art. X of the Florida State
Constitution, which dispenses marijuana, products containing marijuana, related supplies or
educational materials to qualifying patients or their personal caregivers, as defined in s. 29, Art. X
of the Florida State Constitution and section 381.986, Florida Statutes, but shall not include
facilities growing, cultivating or processing marijuana or derivative products.
ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS
Division 1. Generally
Sec. 20-425. Medical Marijuana Dispensaries Prohibited.
Medical marijuana treatment center dispensing facilities shall be prohibited from locating
in any district of the City. The City will not accept, process or approve any request or application
for a development order, building permit, or other approval associated with a proposed medical
marijuana treatment center dispensing facility.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately
City of Winter Springs
Ordinance No. 2018-01
Page 3 of 4
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 12th day of March, 2018.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
Legal Ad Published:
First Reading:
Legal Ad Published:
Effective Date:
February 18, 2018
February 26, 2018
March 12, 2018
City of Winter Springs
Ordinance No. 2018-01
Page 4 of 4
CITY OF WINTER
SPRINGS
NOTICE OF PUBLIC
HEARING
FOR ZONING CODE
CHANGE
NOTICE IS HEREBY GIVEN THAT
THE CITY COMMISSION AND
PLANNING & ZONING BOARD/
LOCAL PLANNING AGENCY
PROPOSE TO CONSIDER THE
FOLLOWING ORDINANCE:
ORDINANCE 2018-01
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY, FLORIDA; AMENDING CHAPTER 20
OF THE CITY CODE TO PROHIBIT MEDICAL
MARIJUANA TREATMENT CENTER DISPENSING
FACILITIES FROM LOCATING WITHIN THE
CITY; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE
CODE, SEVERABILITY, AND AN EFFECTIVE DATE.
CITY COMMISSION FIRST READING
PUBLIC HEARING
WILL BE HELD ON
MONDAY, FEBRUARY 26, 2018
AT 5:15 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
PLANNING & ZONING BOARD / LOCAL
PLANNING AGENCY PUBLIC HEARING
WILL BE HELD ON
WEDNESDAY, MARCH 7, 2018
AT 5:30 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinance may be obtained
by interested parties between 8 a.m. and
5 p.m., Monday through Friday, at the
City's Clerk's Office, located at 1126 E.
SR 434, Winter Springs, Florida. For more
information, call (407) 327-1800 #227.
The Local Planning Agency and City Commission
reserve the right to continue or postpone hearings
to a date certain without re -advertising. Any person
who decides to appeal any decision of the City
Commission with respect to any matter considered at
these meetings will need a record of the proceedings
and, for such purposes, may need to ensure that a
verbatim record of the proceedings is made, which
record includes the testimony and evidence upon
which the appeal is based.
SPECIAL ACCOMMODATIONS: Persons with disabilities
needing special accommodations to participate in this
proceeding should contact the Employee Relations
Department Coordinator at (407) 327-1800 x236 no later
than 48 hours prior to the proceeding for assistance.