Item O3 r r
C ounty of Monroe 't„ BOARD OF COUNTY COMMISSIONERS
i
Mayor George Neugent, District 2
The Florida Keys - • Mayor Pro Tem David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
February 15, 2017
Agenda Item Number: 0.3
Agenda Item Summary #2630
c
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 - 2584
N/A
AGENDA ITEM WORDING: Consideration of a Resolution declaring zoning in progress and
imposing a moratorium on the acceptance and processing of medical marijuana dispensing facilities.
ITEM BACKGROUND:
Medical marijuana dispensing facilities are a new and unique use which is not currently addressed
by the Land Development Code or Comprehensive Plan. Section 381.986(8)(b), Fla. Stat., permits
counties to "determine by ordinance 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."
The purpose of the proposed resolution is 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 365 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.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Hold a first public hearing on a temporary moratorium on the
acceptance of applications for, the processing of, and the issuance of development permits, site plan
r
approvals or any other official action of Monroe County permitting or having effect of permitting
new medical marijuana dispensing facilities.
DOCUMENTATION:
03 REVISED RESOLUTION moratorium on pot dispensaries 2 13 17
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Steve Williams Completed 01/27/2017 10:27 AM
Bob Shillinger Completed 01/31/2017 1:49 PM
Mayte Santamaria Completed 01/31/2017 6:15 PM
Kathy Peters Completed 01/31/2017 6:28 PM
Board of County Commissioners Pending 02/15/2017 9:00 AM
r
Iit
.,....
MONROE COUNTY, FLORIDA
RESOLUTION NO. -2017
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A
MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF NEW
APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSING .FACILITIES COMMENCING FEBRUARY 15, 2017, UNTIL SUCH
TIME AS A COMPREHENSIVE PLAN AMENDMENT PROCESS IS COMPLETED
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)(b), Fla. Stat., pennits 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.
1
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 365 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
Mayor Pro Tem David Rice, District 4
Danny L Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk By:
Mayor George Neugent
(SEAL)
MONROE COUNTY A ORNEY
APR ED AS TO M:
8 EVEN T WILLIAMS
ASSISTANT OU TY ATTORNEY
Date / 1
2
3
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
February 15, 2017
Agenda Item Number: O.3
Agenda Item Summary #2630
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Steve Williams (305) 289-2584
3:00
AGENDA ITEM WORDING:
Consideration of a Resolution declaring zoning in progress and
imposing a moratorium on the acceptance and processing of medical marijuana dispensing facilities.
ITEM BACKGROUND:
Medical marijuana dispensing facilities are a new and unique use which is not currently addressed
by the Land Development Code or Comprehensive Plan. Section 381.986(8)(b), Fla. Stat., permits
requirements that do not conflict with state law or department rule for all dispensing facilities of
dispensing organizations located within the uninco
The purpose of the proposed resolution is 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, 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.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Hold a first public hearing on a temporary moratorium on the
acceptance of applications for, the processing of, and the issuance of development permits, site plan
approvals or any other official action of Monroe County permitting or having effect of permitting
new medical marijuana dispensing facilities.
4EGOIX4K
3
DOCUMENTATION:
Resolution (medical marijuana dispensing facilities)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Steve Williams Completed 01/27/2017 10:27 AM
Bob Shillinger Completed 01/31/2017 1:49PM
Mayte Santamaria Completed 01/31/2017 6:15 PM
Kathy Peters Completed 01/31/2017 6:28 PM
Board of County Commissioners Pending 02/15/2017 9:00 AM
4EGOIX4K
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