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.
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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
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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
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regarding medical marijuana treatment center dispensing facilities within the City.
ATTACHMENTS:
None.
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