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HomeMy WebLinkAbout2017 06 12 Public Hearings 400 Ordinance 2017-10, Second Reading, Medical Marijuana Moratorium ExtensionCOMMISSION AGENDA ITEM 400 Informational Consent Public Hearings X Regular June 12, 2017 KS Regular Meeting City Manager Department REQUEST: The Community Development Department — Planning Division, City Manager, and City Attorney's Office request that the City Commission hold a Public Hearing to consider for second reading and final adoption, an ordinance to extend for an additional 270 days the existing temporary moratorium on medical cannabis activities within the City of Winter Springs. SYNOPSIS: On October 10, 2016, the City Commission adopted a temporary moratorium prohibiting any and all medical cannabis activities within the jurisdictional limits of the City of Winter Springs during the moratorium period. In conjunction with the moratorium, the City Commission directed City staff to develop proposed land development regulations and other recommendations regarding such cannabis related activities. After evaluating the issues presented by the moratorium, the City Attorney's office and City staff conducted an evaluation of many of the unique issues faced by municipalities regarding the potential impacts of medical cannabis activities on communities. The current temporary moratorium ordinance is set to expire on July 7, 2017. The City Commission at its April 24, 2017 meeting provided initial feedback regarding its preferences for medical marijuana activities in the City of Winter Springs and requested that an ordinance be prepared for the Land Planning Agency's consideration extending the current temporary moratorium for an additional 270 days given the uncertainty in the law regarding medical marijuana and dispensing facilities. The Land Planning Agency recommended approval of the moratorium extension Ordinance at its May 3, 2017 meeting. The City Commission passed this Ordinance on first reading and held a public hearing at its May 8, 2017 meeting. The City Commission is required to hold a second reading and public hearing prior to adoption of this Ordinance. Public Hearings 400 PAGE 1 OF 3 - June 12, 2017 CONSIDERATIONS: 1. On October 10, 2016, the City Commission adopted a temporary moratorium on Medical Cannabis Activities, as defined in Ordinance 2016 -08, which will expire on July 7, 2017. 2. After the moratorium was adopted, the City Attorney's office and City staff evaluated the current state of the law and several relevant bills that were pending in the Legislature to implement Amendment 2, as well as various regulatory ordinances adopted by other cities around the State. 3. None of the six bills that were pending in the Legislature to implement Amendment 2 were passed during the legislative session. Some members of the Legislature have publicly supported a special session on medical marijuana, though one has not yet been called or convened. The Department of Health's rulemaking process must be complete by July 3, 2017. 4. It remains uncertain what approach the new federal administration, specifically the Department of Justice, will take with respect to enforcing federal law regarding medical (and recreational) marijuana. Possession, sale and distribution of marijuana remains unlawful under federal law because marijuana is still classified as a Schedule I drug under the Controlled Substances Act, which by definition has no currently accepted medical use. 5. Given the continued uncertainty regarding the Department of Health's rulemaking, the Legislature, and the federal administration's approach, the City Commission requested that an additional 270 -day extension of the existing moratorium regarding medical marijuana be presented to the Land Planning Agency for review and recommendation. The Land Planning Agency recommended approval at its May 3, 2017 meeting. 6. The proposed moratorium ordinance would extend the existing temporary moratorium for an additional 270 days to April 3, 2018. All "medical cannabis activities" during the extended moratorium period, including the growing, cultivation, processing, manufacture, dispensing, distribution, and sale of medical cannabis, low -THC cannabis, and derivative products, would remain prohibited. Staff is directed to study and propose regulations prior to the April 3, 2018 moratorium expiration. 7. Amendment 2 directs that the Department of Health begin registering Medical Marijuana Treatment Centers and issuing qualifying patient and caregiver identification cards by October 3, 2017. This moratorium would allow additional time for the city staff to monitor the activities of the Legislature, Department of Health, and federal government. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS: Home Rule Powers Winter Springs Code of Ordinances Public Hearings 400 PAGE 2 OF 3 - June 12, 2017 City of Winter Springs Comprehensive Plan Compassionate Use Act, s. 386.986, F.S. Amendment 2 FISCAL IMPACT: There is no direct fiscal impact related to the City Commission's consideration of this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. The display advertisement for first reading (containing the proposed ordinance title and public hearing date) was published in the Orlando Sentinel on April 30, 2017. The display advertisement for second reading was published in the Orlando Sentinel on May 28, 2017. RECOMMENDATION: Staff recommends that the City Commission consider adoption of Ordinance No. 2017 -10 on Second and Final Reading. ATTACHMENTS: A - Ordinance 2017 -10 (Moratorium Extension Ordinance) and Copy of Legal Ad (Second Reading) Public Hearings 400 PAGE 3 OF 3 - June 12, 2017 Attachment A ORDINANCE NO. 2017 -10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; EXTENDING FOR AN ADDITIONAL 270 DAYS THE TEMPORARY MORATORIUM WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF WINTER SPRINGS ADOPTED IN ORDINANCE 2016 -08 PROHIBITING ANY AND ALL MEDICAL CANNABIS ACTIVITIES DURING THE MORATORIUM PERIOD INCLUDING THE GROWING, CULTIVATION, PROCESSING, MANUFACTURE, DISPENSING, DISTRIBUTION, AND SALE OF MEDICAL CANNABIS, LOW -THC CANNABIS, DERIVATIVE PRODUCTS, AND RELATED ACTIVITIES; DIRECTING STAFF TO DEVELOP PROPOSED LAND DEVELOPMENT REGULATIONS AND OTHER RECOMMENDATIONS REGARDING SUCH CANNABIS RELATED ACTIVITIES PRIOR TO THE EXPIRATION OF THE EXTENDED MORATORIUM PERIOD; PROVIDING FOR PENALTIES, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, NON- CODIFICATION, 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, the City adopted a temporary moratorium on "medical cannabis activities" on October 20, 2016 through Ordinance No. 2016 -08; and WHEREAS, "medical cannabis activities" includes, without limitation, the growing, cultivation, processing, manufacture, dispensing, distribution, storage, and wholesale and retail sale of Medical Cannabis, Low -THC Cannabis, and Derivative Products, and other related activities; and WHEREAS, on November 8, 2016, Florida voters approved the Florida Right to Medical Marijuana Initiative ( "Amendment 2 "), which amended the Florida Constitution to authorize "Medical Marijuana Treatment Centers "; and WHEREAS, the Florida Legislature is currently considering multiple bills and the Department of Health has issued proposed rulemaking to implement Amendment 2; and City of Winter Springs Ordinance No. 2017 -10 Page I of 3 WHEREAS, treatment of medical cannabis by the federal government remains uncertain given the new federal administration; and WHEREAS, given the current uncertainty regarding the laws applicable to medical cannabis activities, 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. Extension of Temporary Moratorium. The temporary moratorium adopted in Ordinance No. 2016 -08 imposed upon Medical Cannabis Activities, which shall expire on July 7, 2017, shall be extended for an additional 270 -day period, unless sooner terminated by an ordinance of the Winter Springs City Commission. The extension period shall commence immediately upon the expiration of Ordinance No. 2016 -08 on July 7, 2017. Section 3. Recommendations for Land Development Regulations. City Staff, at the City Manager's direction and in consultation with the City Attorney, is hereby directed to study Medical Cannabis Activities and their impact on the health, safety, and welfare of residents and businesses located within the City, and to develop and recommend, as deemed advisable by the City Manager, land development regulations for Medical Cannabis Activities in the City, and any other relevant regulations and recommendations, with such recommendations and proposed regulations being delivered to the Winter Springs City Commission with a reasonable time before the expiration of the extended moratorium period. Section 4. Penalties. Violations of this Ordinance are punishable as provided by Section 1 -15 of the City Code of Winter Springs, Florida or other applicable Code provisions. Section 5. 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 6. Non - Codification. This Ordinance shall not be incorporated into the Winter Springs City Code. Section 7. 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 City of Winter Springs Ordinance No. 2017 -10 Page 2 of 3 be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 12th day of June, 2017. 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 First Legal Ad Published: First Reading: Second Legal Ad Published: Effective Date: April 30, 2017 May 8, 2017 June 12, 2017 City of Winter Springs Ordinance No. 2017 -10 Page 3 of 3 J2 I Orlando Sentinel Sunday, May 28, 2017 SE A B C D E WHAT'S HAPPENING (beginner), 1- 1:30(advanced) a.m. Mondays and share ideas and build Continued from Page JI Thursdays, Lake Mary Senior Wednesdays, 10:15 -11:15 a.m. crochet community. Center, 9TI Wallace Court, tuesdays, 9 -10 a.m. 5:30 -7:45 p.m. Tuesdays insurance discounts. 407 - 257 -5522. Lake Mary, $1,407-585-1466. Bingo:1 p.m. Fridays, Thursdays, Lake Mary Senior Center, 911 Wallace Court, through May 30, northwest branch ofthe Seminole Registration required.9 a.m. -noon Aug. 1041, Sept. Leo Miller Senlor Softball: Open to ages 60 or Sanford Senior Center, 401 E. Seminole Blvd., Sanford,.50 Lake Mary, $243, 407 - 5851466. County Public Library, 580 14-15, Oct.12 -13, Nov. 9 -10, older. 9:30 a.m. Mondays and per card, 407- 688 -5129. Sweating with Helen; A Greenway Blvd., Lake Mary, free, 321- 482 -3786. Holy Cross Lutheran Church, Wednesdays, Seminole Strengthtrainingand low impact class with high Beginner gourds group: 780 N. Sun Drive, Lake Mary, $15forAARPmembem,$20 County Softball Complex, 2200 North St., Altamonte toning: Exercises to music while Increasing strength, intensity, working all parts of Learn to make jewelry, lamps, for nonmembers, Springs, $3,407-600-3564. endurance, flexibility, energy, the body. Participants work at their own pace either carve and weave. Reservations required. 1-3 407 - 929 -7704. Driver safety program: Tal Chi: Exercise the mind and body through a series of and balance. For ages 55 or older. 11:45 a.m.12:45 P.M. standing or sitting while listening to music. Forages p.m. the fi rst Saturday of the The AARP Driver Safety gentle, flowing postures that Mondays, Wednesdays and 55 or older. 71:30 a.m.12:30 month through November at a private residence, 1581 Program's Smart Driver create a kind of synchronized Fridays, Lake Mary Senior P.M. Tuesdays, ays, t—proTeRc .m_._ Powell St. Lake ROad,Casselbeny, $3, 55 or oldec12:301p.m. ages 55 or oldec10:3011:30 _ with their currentpro ect,- n- ame.wood, - - earn ,game. - BLOOD DONORS NEEDED DONORS NEEDED FOR PROGRAM RESEARCH Sanofi PasteurVaxDesign Corporation, one of central Florida's leading biotechnology research companies, is looking for volunteers to take part in an investigational study to aid in the development of an artificial immune system to test vaccine formulations. As a participant in this research study, you would be asked to donate whole blood or apheresis units.Your participation could involve up to 8 donations per year.Whole blood donations typically take I hour; apheresis sessions can last approximately 3 -4 hours. In appreciation for your time, you will receive compensation of $50 per whole blood donation and $200 per apheresis donation. Participation is on a voluntary basis and you can withdraw at any time. For more information or to volunteer for this study, please visit www.vaxdesign.com /donors If you have any questions after visiting the website, please direct them to 407 - 243 -5600 or vaxdesign .donors @sanoffpasteurcom. CITY OF WINTER SPRINGS NOTICE OF PUBLIC HEARING FOR ZONING CODE CHANGE NOTICE IS HEREBY GIVEN THAT THE PLANNING & ZONING BOARD /LOCAL PLANNING AGENCY AND CITY COMMISSION PROPOSE TO CONSIDER THE FOLLOWING ORDINANCE: ORDINANCE 2017 -10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; EXTENDING FOR AN ADDITIONAL 270 DAYS THE TEMPORARY MORATORIUM WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF WINTER SPINGS ADOPTED IN ORDINANCE 2016 -08 PROHIBITING ANY AND ALL MEDICAL CANNABIS ACTIVITIES DURING THE MORATORIUM PERIOD INCLUDING THE GROWING, CULTIVATION, PROCESSING, MANUFACTURE, DISPENSING, DISTRIBUTION, AND SALE OF MEDICAL CANNABIS, LOW -THC CANNABIS, DERIVATIVE PRODUCTS, AND RELATED ACTIVITIES; DIRECTING STAFF TO DEVELOP PROPOSED LAND DEVELOPMENT REGULATIONS AND OTHER RECOMMENDATIONS REGARDING SUCH CANNABIS RELATED ACTIVITIES PRIOR TO THE EXPIRATION OF THE EXTENDED MORATORIUM PERIOD; PROVIDING FOR PENALTIES, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, NON - CODIFICATION, AND AN EFFECTIVE DATE. PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY PUBLIC HEARING CITY COMMISSION SECOND READING PUBLIC HEARING WILL BE HELD ON MONDAY, JUNE 12, 2017 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 Said ordinance may be inspected by the public at the City Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida, prior to the public hearings. Interested members of the public may appear at the public hearings and be heard with respect to the proposed ordinances. 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. This study has been reviewed by, and received ethics clearance SPECIAL ACCOMMODATIONS: Persons with disabilities ® `%�][(�`y]�j through Chesapeake Research Review, Inc- (CRW), a Maryland needing special accommodations to participate in this V/ corporation, Columbia Gateway Drive, Columbia MD 21046. proceeding should contact 0 the Employee Relations Department Coordinator at (407) 327-1800 x236 no later than 48 hours prior to the proceeding for assistance. NONCE NOTICE h'b� I, "ma, of Seminal, County, Florida, Intends to hold a P bllc haaNng to consider the elwc_0 of an ordinance ,silo. AN ORDINANCE AMENDING CHAPTER 110, "FIRE AND RESCUE IMPACT FEES", OF THE LAND DEVELOPMENT CODE OF SEMINOLE COUNTY; PROVIDING FOR RENAMING TO FIRE DEPARTMENT OF FORMER PUBLIC SAFETY DEPARTMENT AND RELATED PERSONNEL; PROVIDING FOR CODIFICATION IN THE LAND DEVELOPMENT CODE OF SEMINOLE COUNTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AND EFFECTIVE DATE. at 1:3 P.- or as soon thereafter an JIble, f Its for "' flog une 13, 20417, at the Seminole Count, Boa 0 :Boll N%u ,,01 Comtmiss onerls ChemlRWnord'oncetlry Florida. ', 1 pe1ed dY the oabiic at the_oMke of ine Clerk of Me Boa,tl of Count, Commissioners. el► _ Notice is hereby.9 n that the Seminole C-al, Board at C-In, fours (411 Pu11, (BCC) lids not— E std Firsts St—, I Sanford. Florltla, a,vdlwee of these neurl vs Is to nsloet CountlnenL ­,l Planning Planninng SADenc,/ Planning V ualic Input e achml HPn, ,a Otle BCC-t nanN hh of the bur 1) All Florida Recovery Small Scale Razane - C­ ­r o Small Scale Land to InEUefrlal and f Rezoned from C -Y (Retell Commerclall 10 Ca (General Commercial and Wholesale) -fo, 0.77 O e�located on the w t Ide of lond Rntl, a0a 9ro9ximaf{Iy 700 feet 0061 h(SMVeCOmM, �APPlicant) Dlp�tici P,alecfM nWet) (Mott DoWdeon, AN ORDINANCE FURTHER AMENDING THE SEMINOLE COUNTY OMPREtEnlXlE ntda Ea Rezone PDCOnM1- DRezone prom PD (Planned evelopmenn to PD (Plan — the wlutnweet -nor of Me lnte dsxe 1- of Sixth Street tl K¢n0etiv Paint, Count,l RoaadY and MZZOIT�U chrls dsld 2 Hon _N DaAnPrnicf M n- N ORDINANCE AMENDING. PURSUANT TO THE LAND SEMINOLE COUNTY, THEE ZONING CLASSIFICATIONS ASSIGNED TO CERTAIN PROPERTY LOCATED IN SEMINOLE COUNTY; REZONING CERTAIN PROPERTY CURRENTLY ASSIGNED THE RD (PLANNED DEVELOPMENT) ZONING (PLANNED DEVELOPMENT) ZONING CLASSIFICATION; PROVIDING FOR LEGISLATIVE FINDINGS; - PROVIpING _ FOR BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA SEWF— —I, QTY OF AUat"ONTE SPRINGS, FLORIDA NOTICE OF PU IUC HEARING TO CONSIDER ADOPTION OF PROPOSED ORDINANCE TO OTICE WHOM HEREBY GIVEN by the cur of A,.—.,. Savings. Florltla, that the CIN Cammlzzl.a will hootl Abllc hearing at the City Hall f ltamonte SP-9 , US Newburyaorf on the 6th dew teereuke11dsYPOUIb e� to consider in, adoption of O,dinonoe ::; l:,lao,.eell',reOF e. rue mr.. Tournaments held weekly. 641 P.M. Thursdays, Wirz Park, 806 Mark David Blvd., Casselberry, free, 407 -388 -0636. Central Florida Chapter of the American Hibiscus Society: Discussion about insects, winterizing, and hybridizing arejust some of the topics covered. 2 -4 P.M. the second Sunday of the month, South Seminole Farm & Nursery, 2010 E. Lake Drive, Casselberry, free, 407 -877 -3495. or low income families in Central Elands., p.m. the Isecond Monday the month, Round Lake Park, 891 E. Broadway, Oviedo, free, Support Group GrlefShare: A Christian -based recovery support group for those grieving the loss of a loved one. 6:30 p.m. Wednesdays and p.m. Fridays, St. Luke's Lutheran Church, 2021 W. State Road 426, Oviedo, free, 407 - 365 -3408. Overeaters Anonymous: Topics vary. 7:30 -8:30 p.m. Mondays, Grace Presbyterian Church,7111 Tuskawilla Road, Winter Springs, free, 407- 365 -3681. T.O.P.S. (Take Off Pounds Sensibly): 6 -7:30 p.m. Wednesdays, Ascension Lutheran Church, 351 Ascension Drive, Casselberry, $32 annually, 407 - 927 -3466. Families Anonymous: A 12 -step support group for family members of someone with a drug, alcohol or behavioral problem. 7 p.m. Mondays, St. Stephen Lutheran Church, 2140 W. State Road 434, Longwood, free, 407 - 869 -0491. Alzheimer's disease: A group for those caring for a loved one with Alzheimer's disease. Sponsored by the Alzheimer's& Dementia Resource Center. 10 a.m. the second Thursday of the month, Community United Methodist Church, 4921 S. U.S. Highwayl7 -92, Casselberry, free. - 407 -843 -1910. Alzheimer's disease: A group for those caring for a loved one with Alzheimer's disease. Sponsored by the Alzheimer's & Dementia Resource Center. 6:30 p.m. the first Tuesday of the month, Atria Park of Lake Forest, 5433 W. State Road 46, Sanford, free, 407 -843 -1910. Mental health: The National Alliance on Mental Illness Greater Orlando will have support group for those living with mental illness. Trained facilitators will lead the meetings. 5:30 -7 p.m. the first and third Wednesday of the month, Hacienda apartment complex, 225 S. Wayman St., Longwood, free, 407- 253 -1900. Please turn to Page J4 i-.egallNobices GUIDELINES SEC ON GARY EFFECTS IVEASSOCIAITED MEWITH THE MISUSE OF FERTILIZERS; REQUIRING MMERCIAL TRAINING ND INSTITUTIONAL FERTILIZER APPLICATORS; ESTABLISHING TRAINING AND LICENSING REQUIREMENTS; PROVIDING FOR ENFORCEMENT AND PENALTIES; SEQUENTIALLY RENUMBERING ALL REMAINING SECTIONS PROV ID INGIFOR CODIF CODIFICATION THE ONTE SPRINGS CODE OF ORDINANCES; PROVIDING FOR ANVEFFECTIVE' DATE. PROVIDING If ding, the dCit, Com Im uldn h III scoetlale sties readns td ewmal ine aEOutian of the ordinance. A Ein -.,df in-eledreadlti,, of the and be heard wltnr Pec to fee o .—. o,dl,,n,, The nearing, h rtlin_ mo be c nflnuee from time to Ime u til final action If Is lake Ctti�tles fa oadeul d- Uecdlslon on I- ortllnoncao, the Person will need the droceadincs. whlhdrlm ­.rd of L_