Loading...
HomeMy WebLinkAbout2017 07 10 Regular 501 Medical Marijuana Dispensing Facilities COMMISSION AGENDA Informational Consent ITEM 501 public Hearings g Regular X July 10, 2017 KS BF Regular Meeting City Manager Department REQUEST: The Community Development Department — Planning Division, City Manager, and City Attorney's Office request that the City Commission provide direction on medical marijuana dispensing facilities in light of the passage of SB 8-A by the Florida Legislature in Special Session, approved by the Governor and effective on June 23, 2017. SYNOPSIS: On June 12, 2017, the City Commission extended a temporary moratorium prohibiting any and all medical cannabis activities within the jurisdictional limits of the City of Winter Springs during the moratorium period, currently scheduled to expire on April 3, 2018. 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. However, given the recent enactment of amendments to section 381.986, Florida Statutes, the Community Development Department — Planning Division, City Manager, and City Attorney's Office are requesting direction from the City Commission. Specifically, SB 8-A contains preemption provisions regarding dispensing facilities of medical marijuana treatment centers, providing that a municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that municipality. 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. Regular 501 PAGE 1 OF 4-July 10,2017 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 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. With respect to regulating the location of dispensing facilities of medical marijuana treatment centers, Section 381.986, Florida Statutes, substantially changes the manner in which municipalities can regulate the location of dispensing facilities of medical marijuana treatment centers. Specifically, Section 381.986, Florida Statutes now contains a preemption provision regarding dispensing facilities of medical marijuana treatment centers, providing that a municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that municipality. 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), and GID (incidental use) zoning districts. Further, the wholesale distribution of pharmaceuticals is also permitted in the CC zoning district. 9. Given the aforementioned "binary choice," the Community Development Department — Planning Division, City Manager, and City Attorney's Office believes direction is warranted from the City Commission at this time in light of the passage of SB 8- A. Specifically, the City Commission should provide direction on whether to impose a ban Regular 501 PAGE 2 OF 4-July 10,2017 on medical marijuana dispensing facilities within the City of Winter Springs. 10. If the City Commission desires to consider imposing a ban, the City Staff and City Attorney's Office will prepare the necessary ordinance and present the same to the City's Land Planning Commission/P&Z Board for consideration and a public hearing in the near future. The Ordinance and LPA/P&Z recommendation will then be presented to the City Commission for first reading and public hearing at a future regular City Commission meeting before the moratorium period expires. 11. If the City Commission does not desire to impose a ban, additional analysis and study of the potential impact of SB 8-A will be conducted by City Staff and the City Attorney's Office during the moratorium period. Notwithstanding, when the moratorium expires on April 3, 2018, medical marijuana dispensing facilities will be permitted in the C- 1, C-2, C-3, Town Center (T-4 and T-5 Transects), and GID (incidental use) zoning districts if a ban is not enacted by the City Commission prior to the moratorium expiration pursuant to Section 381.986, Florida Statutes. APPLICABLE LAW, PUBLIC POLICY,AND EVENTS: Home Rule Powers Winter Springs Code of Ordinances 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. RECOMMENDATION: Staff recommends that the City Commission provide initial feedback and direction Regular 501 PAGE 3 OF 4-July 10,2017 regarding medical marijuana treatment center dispensing facilities within the City. ATTACHMENTS: None. Regular 501 PAGE 4 OF 4-July 10,2017