Item O4M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
July 19, 2017
Agenda Item Number: 0.4
Agenda Item Summary #3140
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500
3:00 PM
AGENDA ITEM WORDING: An ordinance by the Monroe County Board of County
Commissioners to defer the acceptance and approval of new applications for the establishment of
medical marijuana dispensing facilities commencing February 15, 2017, until such time as a
Comprehensive Plan and Land Development Code amendment process is completed regarding
medical marijuana dispensing facilities and providing for expiration within 365 days of the effective
date of this interim development ordinance or when the comprehensive plan and land development
code amendments become effective, whichever comes first; providing for severability; providing for
transmittal to the State Land Planning Agency and the Secretary of State; providing for an effective
date.
ITEM BACKGROUND:
On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan
and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive
Plan.
Ordinance 005 -2016 was the adoption ordinance for the Monroe County Year 2030 Comprehensive
Plan. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 4,
2016. On May 6, 2016, DEO determined the comprehensive plan amendment transmittal was
complete and issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The
Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the Notice of
Intent on the DEO Website on June 20, 2016.
Ordinance 006 -2016 was the adoption ordinance for the Monroe County Land Development Code.
This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24,
2016. On July 26, 2016, DEO published Final Order DEO -16 -130 in the Florida Administrative
Register approving the Monroe County Land Development Code (Ordinance 006 - 2016). The Final
Order would have become effective 21 days after publication in the Florida Administrative Register
unless a petition was timely filed. The Land Development Code would have become effective on
August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the
DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130-
165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement
agreement and allowing the Monroe County Land Development Code to become effective. The
County's updated land development code became effective on February 3, 2017.
The Comprehensive Plan and Land Development Code do not address medical marijuana dispensing
facilities or uses.
The Monroe County Board of County Commissioners adopted Resolution 047 -2017, at a regular
meeting on February 15, 2017 in Key West, Florida, directed staff to process an ordinance to impose
a temporary moratorium deferring the approval of new private applications for the establishment of
medical marijuana dispensing facilities commencing February 15, 2017.
PREVIOUS RELEVANT BOCC ACTION:
The Board of County Commissioners adopted Resolution 047 -2017, on February 15, 2017, directing
staff to process an ordinance to impose a temporary moratorium deferring the approval of new
private applications for the establishment of medical marijuana dispensing facilities commencing
February 15, 2017.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Med Mari- IDO - ORDINANCE
Med Mari-IDO _staff report
Medical Marijuana IDO - BOCC item from 2 -15 -17
Resolution 047-2017 MARIJUANA
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:
REVIEWED BY:
Mayte Santamaria
Completed
06/26/2017 1:48 PM
Christine Hurley
Completed
06/26/2017 4:54 PM
Steve Williams
Completed
06/27/2017 8:43 AM
Jaclyn Carnago
Completed
06/27/2017 10:11 AM
Budget and Finance
Skipped
06/26/2017 1:44 PM
Maria Slavik
Skipped
06/26/2017 1:44 PM
Mayte Santamaria
Completed
06/27/2017 10:38 AM
Kathy Peters
Completed
06/28/2017 12:14 PM
Board of County Commissioners
Pending
07/19/2017 9:00 AM
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ORDINANCE -2017
WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 047-
2017, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to process an
ordinance to impose a temporary moratorium deferring the approval • new private applications for the
establishment of medical marijuana dispensing facilities commencing February 15, 2017; and
WHEREAS, pursuant to Article 8 • the Florida Constitution and Section •
Statutes, Monroe County possesses the police powers to enact Resolutions in order to protect the
health, safety, and welfare • 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 • the County Land Development Code ♦ the Comprehensive Plan; and
WHEREAS, Amendment 2 to the Florida Constitution, and the expanded qualifying medical
conditions, became effective on January 3, 2017; and
WHEREAS, Amendment 2 requires the Florida Department of Health to: issue regulations for
implementation of the amendment within 6 months (July 3, 2017); and
2017-055 Page 1 of 3
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WHEREAS, Florida Department of Health rulemaking is ongoing and several statutory
amendments are under review in the current Legislative Session; and
WHEREAS, Section 381.986(8)(b), F.S., 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" and
WHEREAS. a temporary moratorium on the acceptance and approval 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 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 an ordinance addressing the interim time period between the current
adopted comprehensive plan and land development code and the adoption of any new amendment(s)
[new definitions and/or other code requirements] is necessary to ensure that any requirements are fully
evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County,
including the provision of public participation in the planning process;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF M1 E COUNTY:
Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource Department
shall defer the approval of new applications for the establishment of medical marijuana dispensing
facilities commencing February 15, 2017. Providing for expiration within 365 days of the effective
date of an interim development ordinance or when the Comprehensive Plan and Land Development
Code amendments become effective, whichever comes first.
Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless
dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the
adoption of Comprehensive Plan and Land Development Code amendments. In no event, however,
shall the moratorium imposed by this Ordinance extend beyond 365 days from the effective date of this
ordinance.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that
this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
2017-055 Page 2 of 3
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Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "land
development regulation" as State law defines that term. This ordinance shall be filed in the Office of
the Secretary of State of Florida, but shall not become effective until a notice is issued by the State
Land Planning Agency or Administration Commission finding the amendment in compliance, and if
challenged until such challenge is resolved pursuant to Chapter 120, F.S.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of _, 2017.
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
M I .
Mayor George Neugent
(SEAL)
DEPUTY CLERK
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2017-055 Page 3 of 3
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
From: Mayte Santamaria, Senior Director of Planning & Environmental Resources
Date: June 26, 2017
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TO DEFER THE ACCEPTANCE AND APPROVAL OF NEW
APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSING FACILITIES COMMENCING FEBRUARY 15, 2017, UNTIL SUCH
TIME AS A COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
AMENDMENT PROCESS IS COMPLETED REGARDING MEDICAL
MARIJUANA DISPENSING FACILITIES AND PROVIDING FOR EXPIRATION
WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS INTERIM
DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND
LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,
WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE.
Meeting: July 19, 2017
L REQUEST
The Monroe County Planning & Environmental Resources is proposing an interim development
ordinance (IDO) to defer the deferring the acceptance and approval of new applications for the
establishment of medical marijuana dispensing facilities commencing February 15, 2017.
Providing for expiration within 365 days of the effective date of an interim development
ordinance or when the Comprehensive Plan and Land Development Code amendments become
effective, whichever comes first.
IL BACKGROUND INFORMATION
On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan
and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive
Plan.
Ordinance 005 -2016 was the adoption ordinance for the Monroe County Year 2030
Comprehensive Plan. This ordinance was transmitted to the Department of Economic Opportunity
(DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment
1 of 2
File #2017 -055
transmittal was complete and issued a notice of intent to find the amendment "in compliance" on
June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the
posting of the Notice of Intent on the DEO Website on June 20, 2016.
Ordinance 006 -2016 was the adoption ordinance for the Monroe County Land Development Code.
This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24,
2016. On July 26, 2016, DEO published Final Order DEO -16 -130 in the Florida Administrative
Register approving the Monroe County Land Development Code (Ordinance 006 - 2016). The Final
Order would have become effective 21 days after publication in the Florida Administrative
Register unless a petition was timely filed. The Land Development Code would have become
effective on August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO,
challenging the DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance
amending Section 130 -165 to resolve the Petition challenging the DEO issued Final Order,
satisfying a stipulated settlement agreement and allowing the Monroe County Land Development
Code to become effective. The County's updated land development code became effective on
February 3, 2017.
The Comprehensive Plan and Land Development Code do not address medical marijuana
dispensing facilities or uses.
The Monroe County Board of County Commissioners adopted Resolution 047 -2017, at a regular
meeting on February 15, 2017 in Key West, Florida, directed staff to process an ordinance to
impose a temporary moratorium deferring the approval of new private applications for the
establishment of medical marijuana dispensing facilities commencing February 15, 2017
On April 26, 2017, the subject file was reviewed by the Development Review Committee.
On May 31, 2017, the subject file was reviewed by the Planning Commission.
III. STAFF RECOMMENDATION
Staff recommends approval of the proposed interim development ordinance.
The interim development ordinance provides a period of time between the current adopted
comprehensive plan and land development code and the adoption of any new amendment(s) [new
definitions and /or other code requirements] to ensure that the amendments are fully evaluated to
ensure public health, safety, and welfare of the citizens of unincorporated Monroe County,
including the provision of public participation in the planning process.
IV. EXHIBITS
1. BOCC Agenda item
2of2
File #2017 -055
M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
y
I
Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
February 15, 2017
Agenda Item Number: 0.3
Agenda Item Summary #2630
BULK ITEM: No DEPARTMENT: 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
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, 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.
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:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Steve Williams
Bob Shillinger
Mayte Santamaria
Kathy Peters
Board of County Commissioners
Completed
01/27/2017 10:27 AM
Completed
01/31/2017 1:49 PM
Completed
01/31/2017 6:15 PM
Completed
01/31/2017 6:28 PM
Pending
02/15/2017 9:00 AM
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MONROE COUNTY, FLORIDA
RESOLUTION NO. -2017
WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on
5 , h day of February, 2017 in Key West, Florida; and
WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
Statutes, Nlonroe County possesses the police powers to enact Resolutions in order to protect t1le health,
safety, and welfare of the County's citizens; and
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
PASSED AND ADOPTED by the Board of County Conunissioners of Morane County,
Florida, at a regular meeting of the Board held on the 15` day of" February, 2017.
Mayor George Neugent, District 2
Mayor Pro Tern 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
(SEAL)
By:
Mayor George Neugent
MONROE COUNTY AT;rORNEY
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L71AMS
ASSI Y ATTORNEY
Date
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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 COU� , F�ID�
By: � ~
Mayor George Neugent
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MONROE COUNTY A ORNEY
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STEVE
ASSISTANT N 1 Y ATTORNEY
Date ��/3 / ► 7