Resolution 047-2017f
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MONROE COUNTY, FLORIDA
RESOLUTION NO.041 -2017
A RESOI..,U "PION OF TIIE BOARD OF COUNTY COMMISSIONERS OF MON:ROE
COUNTY, FLORIDA, DECLARING ZONING IN PROGRESS AND PVIPOSING A
MORATORII.IM ON THE ACCEPTANCE AND PROCESSING OF NEW
APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSING FACILITIES COMMENCING FEBRUARY 1.5, 2017, UNTII, SUCH
TIME AS A COMPREHENSIVE PLAN AMENDMENT PROCESS IS COMPI,ET'ED
REGARDING MEDICAL MARIJUANA DISPENSING FACILITIES AND
PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE
OF AN INTERIM DEVELOPMENT ORDINANCE OR WHEN THE
COMPREHENSIVE PLAN AMENDMENTS BECOME EFFECTIVE; WHICHEVER
COMES FIRST; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the Board of County Commissioners of Monroe County at a regular meeting on
15 "' day of February, 2017 in Key West, Florida; and
WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
Statutes, Monroe County possesses the police powers to enact Resolutions in order to protect the health,
safety, and welfare of the County's citizens; and
WHEREAS, the Monroe County Board of County Commissioners determines that it is in the
best interest of its residents, businesses and visitors to enact sufficient zoning regulations to ensure their
health, safety and welfare; and
WHEREAS, medical marijuana dispensing facilities are a new and unique use which is not
currently addressed by the County Land Development Code or the Comprehensive Plan; and
WHEREAS, Section 381.986(8)(17), Fla. Stat., permits counties to "determine by Resolution the
criteria for the number, location, and other permitting requirements that do not conflict with state law or
department rule for all dispensing facilities of dispensing organizations located within the
unincorporated areas of that county'; and
WHEREAS, a temporary moratorium on the acceptance of applications for, the processing of,
and the issuance of development permits, development orders or any other official action of Monroe
County permitting or having the effect of permitting new medical marijuana dispensing facilities will
allow time to review, study, hold public hearings, and prepare and adopt an amendment or amendments
to the Land Development Code and the Comprehensive Plan to address this new and unique use; and
WHEREAS, adoption of this Resolution will further the health, safety and welfare of the
citizens of Monroe County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Staff of the Planning & Development Resources shall process an interim development ordinance to
preserve the status quo and enable sufficient time for the County to review, study, hold public hearings,
prepare and adopt provisions to the Land Development Code and /or Comprehensive Plan, relating to the
appropriate locations for medical marijuana dispensing facilities, if any. Until such time as an Ordinance
concerning medical marijuana dispensing facilities is considered by the Board of County
Commissioners, and in no event more than 165 days from the date of this Resolution, the County shall
not accept, process or take any action on any application for a development permit, development order or
take any other official action which would have the effect of allowing or permitting= the development of
medical marijuana dispensing facilities or when the comprehensive plan amendments become effective,
whichever comes first.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 15` day of February, 2017.
Mayor George Neugent, District 2 Yes
Mayor Pro Tern David Rice, District 4 Yes
Danny L. Kolhage, District 1 Yes
Heather Carruthers, District 3 Yes
Sylvia J. Murphy, District S Yes
BOARD OF COUNTY COMMISSIONERS
OF MO :ROE COUNTY, FYO)RIDA
By: ) ~
Mayor George Neugent
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MONROE COUNTY A ORNEY
AP R VED AS TO M:
STEVE . N T &ILLams
ASSISTANT COU ATTORNEY
Date ��/3 / ► 7
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