Item R5C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
August 15, 2018
Agenda Item Number: R.5
Agenda Item Summary #4546
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance by the
Monroe County Board of County Commissioners extending an interim development ordinance for
an additional 365 days regarding medical marijuana dispensing facilities commencing October 27,
2018, until such time as a Comprehensive Plan and Land Development Code amendment process is
completed and providing for expiration within 365 days of the effective date 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:
The Monroe County Year 2030 Comprehensive Plan, which became effective on June 20, 2016, and
the County's updated Land Development Code which became effective on February 3, 2017, 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, 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.
At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development
Ordinance 010 -2017. This ordinance is due to expire on October 27, 2018, if the relevant
Comprehensive Plan and Land Development Code amendments are not adopted and effective before
that date.
Staff is working on BOCC directed amendments related to the establishment of medical marijuana
dispensing facilities. However, the State of Florida continues to develop regulations from which
County regulations would be derived. Therefore, staff is recommending an extension to the interim
development ordinance for 365 days or until an ordinance amending the Comprehensive Plan and
Land Development Code to add such County regulations is adopted and becomes effective,
whichever comes first.
Development Review Committee and Public Input
At a regular meeting held on June 26, 2018, the Development Review Committee (DRC) considered
the proposed interim development Ordinance and provided for public comment.
Planning Commission
At a regular meeting held on July 25, 2018, the Monroe County Planning Commission reviewed the
proposed interim development Ordinance and recommended approval through Resolution P19 -18.
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.
At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development
Ordinance 010 -2017 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:
STAMPED Ordinance (8 7 18)
2018- 088_Staff Report
Ex. l_Ord.010 -2017
Ex.2 Reso.P19 -18
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:
REVIEWED BY:
Emily Schemper Completed
Steve Williams Completed
Budget and Finance Completed
Maria Slavik Completed
Assistant County Administrator Christine Hurley
07/27/2018 3:11 PM
Kathy Peters Completed
Board of County Commissioners Pending
07/27/2018 12:45 AM
07/27/2018 9:37 AM
07/27/2018 9:58 AM
07/27/2018 12:03 PM
Completed
07/27/2018 4:25 PM
08/15/2018 9:00 AM
1
2
3 MONROE COUNTY, FLORIDA
4 ORDINANCE NO. -2018
5
6 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
7 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE AS
8 INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 010 -2017
9 FOR AN ADDITIONAL 365 DAYS TO DEFER THE ACCEPTANCE AND
10 APPROVAL OF NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL
11 MARIJUANA DISPENSING FACILITIES COMMENCING OCTOBER 27, 2018,
12 UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND DEVELOPMENT
13 CODE AMENDMENT PROCESS IS COMPLETED REGARDING MEDICAL
14 MARIJUANA DISPENSING FACILITIES AND PROVIDING FOR EXPIRATION
15 WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT
16 ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND
17 DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER
18 COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR
19 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
20 SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2018 -088)
21
22 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes,
23 Monroe County possesses the police powers to enact ordinances in order to protect the health, safety, and
24 welfare of the County's citizens; and
25
26 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on
27 15th day of February, 2017 in Key West, Florida adopted Resolution No. 47 -2017 directing the Monroe
28 County Planning and Environmental Resources Department to process an Ordinance to impose a
29 temporary moratorium upon the acceptance and processing of new applications for the establishment of
30 medical marijuana dispensing facilities; and
31
32 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 19
33 day of July, 2017 in Marathon, Florida adopted Ordinance 010 -2017 imposing a temporary moratorium
34 upon the acceptance and processing of new applications for the establishment of medical marijuana
35 dispensing facilities; and
File 2018 -088 Page 1 of 4
I WHEREAS, the Monroe County Board of County Commissioners determines that it is in the best
2 interest of its residents, businesses and visitors to enact sufficient zoning regulations to ensure their health,
3 safety and welfare; and
4
5 WHEREAS, medical marijuana dispensing facilities are a new and unique use which is not
6 currently addressed by the County Land Development Code or the Comprehensive Plan; and
7
8 WHEREAS, Section 381.986(8)(b), Fla. Stat., permits counties to "determine by ordinance the
9 criteria for the number, location, and other permitting requirements that do not conflict with state law or
10 department rule for all dispensing facilities of dispensing organizations located within the unincorporated
11 areas of that county "; and
12
13 WHEREAS, an extension to the temporary moratorium on the acceptance of applications for, the
14 processing of, and the issuance of development permits, development orders or any other official action
15 of Monroe County permitting or having the effect of permitting new medical marijuana dispensing
16 facilities will allow time to review, study, hold public hearings, and prepare and adopt an amendment or
17 amendments to the Land Development Code and the Comprehensive Plan to address this new and unique
18 use; and
19
20 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens
21 of Monroe County.
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
24 OF MONROE COUNTY:
25
26 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed.
27
28 SECTION 2: Purpose. The Purpose of this ordinance is to preserve the status quo and enable
29 sufficient time for the County to review, study, hold public hearings, prepare and adopt provisions to the
30 Land Development Code and /or Comprehensive Plan, relating to the appropriate locations for medical
31 marijuana dispensing facilities, if any.
32
33 SECTION 3. Zoning in Progress. Monroe County hereby recognizes that County staff intends
34 to study and prepare regulations that would result in the regulation of medical marijuana dispensing
35 facilities. These regulations, if adopted, will amend the County Land Development Code and /or the
36 Comprehensive Plan. All affected property and business owners are placed on notice with respect to these
37 pending regulations and the action being taken by the appropriate departments within the County.
38
39 SECTION 4: Moratorium.
40 A. For a period of 365 days from the effective date of this Ordinance, the County shall not accept,
File 2018 -088 Page 2 of 4
I process or take any action on any application for a development permit, development order or
2 take any other official action which would have the effect of allowing or permitting the
3 development of medical marijuana dispensing facilities, except as provided in this ordinance.
4 Should the County adopt Amendments to the Land Development Code and Comprehensive
5 Plan prior to the 365 days' time, said application for medical marijuana dispensing facilities
6 shall be accepted upon the effective date of any such amendments.
7 B. This Ordinance shall not restrict, prohibit or otherwise prevent a property owner from the
8 reasonable use of their land or from developing their land in accordance with the
9 Comprehensive Plan.
10 C. The adoption of this Ordinance is undertaken by the County in good faith and is intended to
11 further the goals of the Monroe County Comprehensive Plan and Chapter 163, Florida Statutes.
12 D. The limited duration of this moratorium has been established to accomplish the appropriate
13 study, planning and analysis for future development through the Monroe County
14 Comprehensive Plan amendment process as described in Chapter 163, Part 11, Florida Statutes,
15 and the Comprehensive Plan.
16 SECTION 5: Definition. The following definitions apply to the terms used in this Ordinance:
17 A. "Marijuana" has the meaning given cannabis in section 893.02 (3), Florida Statutes (2014),
18 and in addition, "low -THC cannabis" as defined in section 381.986 (1)(b), Florida Statutes
19 (2014).
20 B. "Medical Marijuana Dispensing Facility" means any establishment where low -THC, medical
21 cannabis Marijuana is permitted to be dispensed by an approved dispensing organization
22 pursuant to section 381.986, Florida Statutes and Florida Department of Health Rules or such
23 subsequently enacted rules and at Medical Marijuana Treatment Centers.
24 SECTION 6: Vested Rights.
25 A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of a
26 property owner to complete development where the property owner demonstrates each of the
27 following:
28 1. A government act of development approval was obtained prior to the effective date of
29 this Ordinance; and
30 2. The property owner has detrimentally relied, in good faith, on the governmental
31 approval by making substantial change in position or incurring extensive obligation
32 and expanses; and
33 3. It would be highly inequitable to deny the property owner the right to complete the
34 development.
35 B. Any property owner claiming to have vested rights must seek a determination from the
36 Planning Official pursuant to the procedures in the Land Development Code thirty (30) days
37 after the effective date of this Ordinance.
File 2018 -088 Page 3 of 4
SECTION 7: Al212licabil ty. This Ordinance shall be applicable in the unincorporated areas of
Monroe County.
SECTION : Severability. If any section, subsection, sentence, clause, phrase, or provision of
this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such holding shall not be construed to render the remaining provisions of this ordinance invalid or
unconstitutional.
SECTION : Filing of Ordinance and Effective Date, This Ordinance shall tape effect upon
filing with the Florida Department of State.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the — day of , 2018.
Mayor David Rice, District 4
Mayor Pro Tern Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
George Neugent, District 2
Heather Carruthers, District 3
Attest: KEVIN MADOK, CLERK. BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
(SEAL)
Mayer David Rice
File 2018 -088 page 4 of 4
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning & Environmental
Resources
From: Cheryl Cioffari, AICP, Comprehensive Planning Manager
Date: July 24, 2018
Subject: An ordinance by the Monroe County Board of County Commissioners extending an interim
development ordinance as initially established on July 19, 2017 through Ordinance 010-
2017 for an additional 365 days to defer the acceptance and approval of new applications
for the establishment of medical marijuana dispensing facilities commencing October 27,
2018, 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. (FILE 42018-
050)
Meeting: August 15, 2018
L REQUEST
The Monroe County Planning & Environmental Resources is proposing an extension to an
approved interim development ordinance (IDO), Ordinance 010 -2017, deferring the acceptance
and approval of new applications for the establishment of medical marijuana dispensing facilities
commencing October 27, 2018. Providing for expiration within 365 days of the effective date of
the extension to the IDO or when the Comprehensive Plan and Land Development Code
amendments become effective, whichever comes first.
II. BACKGROUND INFORMATION
The Monroe County Year 2030 Comprehensive Plan, which became effective on June 20, 2016,
and the County's updated Land Development Code which became effective on February 3, 2017,
do not address medical marijuana dispensing facilities or uses.
File No. 2018 -088 Page 1 of 2
The Monroe County Board of County Commissioners adopted Resolution 047 -2017, at a regular
meeting on February 15, 2017, in Key West, 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.
At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development
Ordinance 010 -2017. This ordinance is due to expire on October 27, 2018, if the relevant
Comprehensive Plan and Land Development Code amendments are not adopted and effective
before that date.
Staff is working on BOCC directed amendments related to the establishment of medical marijuana
dispensing facilities. However, the State of Florida continues to develop regulations from which
County regulations would be derived. Therefore, staff is recommending an extension to the interim
development ordinance for 365 days or until an ordinance amending the Comprehensive Plan and
Land Development Code to add such County regulations is adopted and becomes effective,
whichever comes first.
Development Review Committee and Public Input
At a regular meeting held on June 26, 2018, the Development Review Committee (DRC)
considered the proposed interim development Ordinance and provided for public comment.
Planning Commission
At a regular meeting held on July 25, 2018, the Monroe County Planning Commission reviewed
the proposed interim development Ordinance and recommended approval through Resolution P19-
18.
III. STAFF RECOMMENDATION
Staff recommends approval of the extension to the IDO.
The IDO 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.
Staff is working on BOCC directed amendments related to the establishment of medical marijuana
dispensing facilities. However, the State of Florida continues to develop regulations from which
County regulations would be derived. Therefore, staff is recommending an extension to the interim
development ordinance for 365 days or until an ordinance amending the Comprehensive Plan and
Land Development Code to add such County regulations is adopted and becomes effective,
whichever comes first.
IV. EXHIBITS
1. Ordinance 010 -2017
2. Planning Commission Resolution P19 -18
File No. 2018 -088 Page 2 of 2
P
MONROE COUNTY, FLORIDA
ORDINANCE 010 -2017
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.
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 of new private applications for the
establishment of medical marijuana dispensing facilities commencing February 15, 2017; 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, 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
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 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 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 MONROE 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
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 19th day of July , 2017.
Mayor George Neugent
Yes
Mayor Pro Tem David Rice
Yes
Commissioner Danny L. Kolhage
Yes
Commissioner Heather Carruthers
Yes
Commissioner Sylvia Murphy
Yes
s
MADOK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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ayor George Neugent
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MONROE COUNTY A ORNEY
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2017 -055 Page 3 of 3
DEPUTY CLERK
Kevin Madok, cPA
C
r Clerk of the Circuit Court & Comptroller — Monroe County, Florida
August 2, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 010 -2017 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 the 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on July 19, 2017. Should you have any questions, please
feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Growth Management
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 - 6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- Packet Pg. 2095
JIM S�
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FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT
Governor
August 3, 2017
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Mr. Madok:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 010 -2017, which was filed in this office on August 3,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.ft.us Pacl
Final Order No. DEO -17 -143
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 010 -2017 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on July 19, 2017, and rendered to
the Department on August 8, 2017.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") by
deferring the processing of applications for marijuana dispensing facilities until the Monroe
County Comprehensive Plan and Land Development Code have been amended to address these
facilities, but no more than 365 days from the date of the Ordinance.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. Sections 380.05(6), and
380.0552(9), Florida Statutes.
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In re: A LAND DEVELOPMENT REGULATION
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ADOPTED BY MONROE COUNTY, FLORIDA,
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ORDINANCE NO. 010 -2017
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FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 010-2017
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The Department of Economic Opportunity ( "Department ") hereby issues
its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 010 -2017 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on July 19, 2017, and rendered to
the Department on August 8, 2017.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") by
deferring the processing of applications for marijuana dispensing facilities until the Monroe
County Comprehensive Plan and Land Development Code have been amended to address these
facilities, but no more than 365 days from the date of the Ordinance.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. Sections 380.05(6), and
380.0552(9), Florida Statutes.
Final Order No. DEO -17 -143
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically, Objective 101.5, as required by section 163.3177(1), Florida Statutes.
7. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
Sections 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development
for the Florida Keys Area of Critical State Concern are set forth in section 380.0552(7), Florida
Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 010 -2017 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED
This Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
2
Final Order No. DEO -17 -143
DONE AND ORDERED in Tallahassee, Florida.
� '4 I)e " ( �t-
J es D. Stansbury, Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28- 106.104(2), 28- 106.201(2), AND 28- 106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
FAX 850 -921 -3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF THE
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
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Final Order No. DEO -17 -143
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
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following persons by the methods indicated this ' day of Srptember- 2017.
A nc Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By Certified U.S. Mail
The Honorable George Neugent
Mayor, Monroe County
PO Box 1980
Key West, Florida 33041
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
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WHEREAS, the Staff is working on BOCC directed amendments related to the
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establishment of medical marijuana dispensing facilities; and
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WHEREAS, the State of Florida continues to develop regulations from which County
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regulations would be derived; and
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WHEREAS, an extension to the interim development ordinance for 365 days or until an
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ordinance amending the Comprehensive Plan and Land Development Code to add such County
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regulations is adopted and becomes effective, whichever comes first, is necessary; and
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WHEREAS, on June 26, 2018, the Monroe County Development Review Committee
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(DRC) reviewed the proposed amendment; and
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WHEREAS, the Monroe County Planning Commission held a public hearing on the 25
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day of July, 2018, for review and recommendation on the proposed amendment; and
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WHEREAS, the Planning Commission was presented with the following documents and
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other information relevant to the request, which by reference is hereby incorporated as part of the
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record of said hearing:
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1. Staff report prepared by Cheryl Cioffari, Principal Planner, dated July 11, 2018;
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2. Sworn testimony of Monroe County Planning & Environmental Resources
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Department staff; and
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3. Advice and counsel of Steve Williams, Assistant County Attorney, and Thomas
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Wright, Planning Commission Counsel; an
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WHEREAS, based upon the information and documentation submitted, the Planning
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Commission makes the following Findings of Fact and Conclusions of Law:
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1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
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Monroe County Year 2030 Comprehensive Plan; and
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2. The proposed amendment is consistent with the Principles for Guiding Development
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for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
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3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
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and
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4. The proposed amendment is necessary due to new issues, as required by Section 102-
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158 of the Monroe County Code.
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38 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
39 MONROE COUNTY, FLORIDA, the Monroe County Planning Commission recommends
40 approval of the proposed extension to the interim development ordinance for 365 days or until an
41 ordinance amending the Comprehensive Plan and Land Development Code to add such County
42 regulations is adopted and becomes effective, whichever comes first.
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Resolution #P O 18 Page 2 of 3
File #2018 -088
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PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a regular meeting held on the 25 day of July, 2018.
Denise Werling, Chair
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William Wiatt, Commissioner
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Beth Ramsey- Vickrey, Commissioner
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Teri Johnston, Commissioner
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Ron Miller, Commissioner
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Monroe County Planning Commission Attorney
A pp, As o Form
Date: FILED WnW THE
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AGENCYCLERK
Resolution #P IA- 18 Page 3 of 3
File #2018 -088