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HomeMy WebLinkAbout2018 03 12 Public Hearing 400 Ordinance 2018-01 Medical MarijuanaCOMMISSION AGENDA ITEM 400 REQUEST: Informational Consent Public Hearings X Regular March 12, 2018 KS BF Regular Meeting City Manager Department The Community Development Department, City Manager, and City Attorney's Office request that the City Commission hold a Public Hearing to consider the Second Reading for adoption of 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. 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. Public Hearings 400 PAGE 1 OF 3 - March 12, 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. 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. First Reading of Ordinance 2018-01 was approved by the City Commission on February 26, 2018. The Planning & Zoning Board is scheduled to review and conduct a public hearing on Ordinance 2018-01 at their March 7, 2018 meeting. FISCAL IMPACT: There is no direct fiscal impact related to the City Commission's adoption of Ordinance Public Hearings 400 PAGE 2 OF 3 - March 12, 2018 2018-01. 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. This ordinance was advertised for Second Reading in the Orlando Sentinel on Sunday, March 4, 2018. RECOMMENDATION: Staff recommends the City Commission approve the Second Reading for adoption of Ordinance 2018-01. ATTACHMENTS: 1. Ordinance 2018-01 (4 pages) 2. Legal Advertisement for Second Reading (1 page) Public Hearings 400 PAGE 3 OF 3 - March 12, 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(l 1)(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 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 I. — 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 facilites 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 toying 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 PROPOSES 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 SECOND READING PUBLIC HEARING WILL BE HELD ON MONDAY, MARCH 12, 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 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 City Commission reserves 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.