HomeMy WebLinkAbout2017 05 03 Public Hearings 400 Ordinance 2017-10 - Extension of Moratorium relating to Medical MarijuanaPLANNING AND ZONING
BOARD AGENDA ITEM
ITEM 400
May 3, 2017
Meeting
Consent
Information
Public Hearing
X
Regular
REQUEST: The Office of the City Attorney and Staff request that the Land Planning Agency review
and provide a recommendation to the City Commission regarding a proposed ordinance to extend for
an additional 270 days the moratorium prohibiting any and all medical cannabis activities in 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 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 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.
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. Since the moratorium was adopted, the City Attorney's office and City staff have been
evaluating the current state of the law and several relevant bills pending in the Legislature to
implement Amendment 2, as well as various regulatory ordinances adopted by other cities around
the State.
May 3, 2017
Planning & Zoning Board Agenda, Item 400
Page 2 of 3
3. There are currently six bills pending in the Legislature, two of which have progressed through
multiple committees. These bills, one in the House (HB 13 97) and one in the Senate (SB 406), are
quite different at this point in time. In addition, the Department of Health has drafted proposed
regulations to implement Amendment 2. All of these take differing approaches to implement
Amendment 2.
4. In addition, it is 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. The City Attorney's Office prepared a proposed ordinance to locate and regulate medical
marijuana dispensaries (Medical Marijuana Treatment Centers) within the City of Winter Springs,
which was considered by the City Commission at its April 24, 2017 meeting. The City
Commission was to give initial feedback on such an ordinance prior to the Land Planning Agency
considering it for a recommendation. However, given the continued uncertainty regarding the
outcome of this legislative session, Department of Health rulemaking, 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.
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
City of Winter Springs Comprehensive Plan
Compassionate Use Act, s. 386.986, F. S.
Amendment 2
May 3, 2017
Planning & Zoning Board Agenda, Item 400
Page 3 of 3
FISCAL IMPACT:
There is no direct fiscal impact related to the Land Planning Agency's consideration of this Agenda
Item.
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. The display advertisement (containing the proposed ordinance title and public
hearing dates) was advertised in the Orlando Sentinel on April 30, 2017.
STAFF RECOMMENDATION:
Staff recommends that the Local Planning Agency/Planning & Zoning Board forward a
recommendation of approval to the City Commission for the proposed Ordinance No. 2017 -10.
ATTACHMENTS:
A. Proposed Ordinance No. 2017 -10 (Extending the Temporary Moratorium on Medical Cannabis
Activities for an Additional 270 Days)
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
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.
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 1 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