Item P3 P.3
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
July 17, 2019
Agenda Item Number: P.3
Agenda Item Summary #5705
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
1:30 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,
2019, 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 Treatment Center 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 regularly scheduled meeting on July 19, 2017, in Marathon, the BOCC adopted interim
development Ordinance 010-2017. At a regularly scheduled meeting on August 15, 2018, in Key
West, the BOCC adopted interim development Ordinance 019-2018 extending the IDO for an
additional 365 days. This ordinance is due to expire on October 27, 2019, 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
Treatment Center Dispensing Facilities. However, the State of Florida continues to develop
regulations from which County regulations would be derived. Florida Statute Section 381.986(11)
provides specific rules about the level of regulation a local government may or may not impose on
Packet Pg. 3133
P.3
Medical Marijuana Treatment Center Dispensing Facilities. An extension to the temporary
moratorium is necessary to review, study, hold public hearings, and prepare and adopt an
amendment or amendments to the Land Development Code and the Comprehensive Plan to regulate
Medical Marijuana Treatment Center Dispensing Facilities. 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.
Following the BOCC adoption of interim development Ordinance 010-2017, Florida Statute Section
381.986 has changed and some terms as previously defined have been updated or are no longer used.
The previously used term "Medical Marijuana Dispensing Facility" is now referred to as "Medical
Marijuana Treatment Center Dispensing Facility/ies." The draft Ordinance has been updated to
reflect the current language in Florida Statute Section 381.986.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on May 21, 2019 in
Marathon to provide for public input. There were no members of the public in attendance.
Development Review Committee and Public Input
At a regular meeting held on May 28, 2019, the Development Review Committee (DRC) considered
the proposed interim development Ordinance and provided for public comment.
Planning Commission and Public Input
The Planning Commission is scheduled to review the proposed interim development ordinance at a
regularly scheduled meeting on June 26, 2019.
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.
At a regularly scheduled meeting on August 15, 2018, in Key West, the BOCC adopted interim
development Ordinance 019-2018 extending the IDO for an additional 365 days.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Packet Pg. 3134
P.3
2019-061 SR BOCC 07172019
Ord. 010-2017_IDO
Ord.019-2018 IDO
2019-061 Exhibit 3 Draft Ord
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:
Cheryl Cioffari Completed 06/24/2019 9:42 AM
Steve Williams Completed 06/24/2019 1:24 PM
Maureen Proffitt Completed 06/24/2019 1:37 PM
Christine Hurley Completed 06/25/2019 10:21 AM
Budget and Finance Completed 06/25/2019 10:31 AM
Maria Slavik Completed 06/25/2019 11:13 AM
Kathy Peters Completed 06/25/2019 11:33 AM
Board of County Commissioners Pending 07/17/2019 9:00 AM
Packet Pg. 3135
0 era
mv
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
To: Monroe County Board of County Commissioners
Through: Cheryl Cioffari, AICP, Acting Senior Director of Planning & Environmental Resources /
Comprehensive Planning Manager 2
a
From: Brad Stein, AICP, Planning and Development Review Manager E
Date: June 20, 2019 E
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 2
a�
COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE AS
2
INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 010-2017, o
EXTENDED 365 DAYS THROUGH ORDINANCE 019-2018 AND FOR AN a
ADDITIONAL 365 DAYS TO DEFER THE ACCEPTANCE AND APPROVAL OF
NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA
TREATMENT CENTER DISPENSING FACILITIES COMMENCING OCTOBER 27,
2019, UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND
DEVELOPMENT CODE AMENDMENT PROCESS IS COMPLETED REGARDING cm
MEDICAL MARIJUANA TREATMENT CENTER 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,
co
WHICHEVER COMES FIRST; PROVIDING FOR SEVERABIL,ITY; PROVIDING to
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-061) cm
Meeting: July 17, 2019
I. REQUEST
The Monroe County Planning & Environmental Resources Department is proposing an extension
to an approved interim development ordinance (IDO), Ordinance 010-2017, previously extended
by Ordinance 019-2018, deferring the acceptance and approval of new applications for the
establishment of Medical Marijuana Treatment Center Dispensing Facilities commencing October
27, 2019. 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.
BOCC SR 07.17.19 Page 1 of 3
File No. 2019-061
Packet Pg. 3136
P.3.a
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 Treatment Center 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 regularly scheduled meeting on July 19, 2017, in Marathon, the BOCC adopted interim
development Ordinance 010-2017. At a regularly scheduled meeting on August 15, 2018, in Key
West, the BOCC adopted interim development Ordinance 019-2018 extending the IDO for an
additional 365 days. This ordinance is due to expire on October 27, 2019, if the relevant 2
Comprehensive Plan and Land Development Code amendments are not adopted and effective before
that date.
E
Staff is working on BOCC directed amendments related to the establishment of Medical Marijuana
Treatment Center Dispensing Facilities. However, the State of Florida continues to develop 2
regulations from which County regulations would be derived. Florida Statute Section 381.986(11)
provides specific rules about the level of regulation a local government may or may not impose on
Medical Marijuana Treatment Center Dispensing Facilities. An extension to the temporary 0
moratorium is necessary to review, study,hold public hearings, and prepare and adopt an amendment I
or amendments to the Land Development Code and the Comprehensive Plan to regulate Medical 2
Marijuana Treatment Center Dispensing Facilities. Therefore, staff is recommending an extension to
the interim development ordinance for 365 days or until an ordinance amending the Comprehensive oo
Plan and Land Development Code to add such County regulations is adopted and becomes effective,
whichever comes first.
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Following the BOCC adoption of interim development Ordinance 010-2017, Florida Statute Section
ca
381.986 has changed and some terms as previously defined have been updated or are no longer used. 0�
co
The previously used term "Medical Marijuana Dispensing Facility" is now referred to as "Medical
Marijuana Treatment Center Dispensing Facility/ies." The draft Ordinance has been updated to 40
reflect the current language in Florida Statute Section 381.986.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on May 21, 2019 in
Marathon to provide for public input. There were no members of the public in attendance.
Development Review Committee and Public Input
At a regular meeting held on May 28, 2019, the Development Review Committee(DRC) considered
the proposed interim development Ordinance and provided for public comment.
Planning Commission and Public Input
The Planning Commission is scheduled to review the proposed interim development ordinance at a
regularly scheduled meeting on June 26, 2019.
BOCC SR 07.17.19 Page 2 of 3
File No. 2019-061
Packet Pg. 3137
P.3.a
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
Treatment Center Dispensing Facilities. However, the State of Florida continues to develop M
regulations from which County regulations would be derived. Therefore, staff is recommending an E
extension to the interim development ordinance for 365 days or until an ordinance amending the g;
Comprehensive Plan and Land Development Code to add such County regulations is adopted and 0
becomes effective, whichever comes first.
E
a
IV. EXHIBITS
0
1. Ordinance 010-2017
2. Ordinance 019-2018 E
3. Draft Ordinance
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BOCC SR 07.17.19 Page 3 of 3
File No. 2019-061
Packet Pg. 3138
PA
Kevin Madok, cPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
August 2, 2017
Department of State
Administrative Code& Register
500 S Bronough Street a
Tallahassee FL 32399-0250
C
To Whom It May Concern, 2
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
a
commencing February 15, 2017, until such time as a Comprehensive Plan and Land o
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 ®i
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 PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 3139
P.3.b
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
cm
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
Packet Pg. 3140
P.3.b
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 2.
a
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) cc
[new definitions and/or other code requirements] is necessary to ensure that any requirements are fully 0
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;
a
0
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
a
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. cm
®i
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. E
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
Packet Pg. 3141
P.3.b
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
BOARD OF COUNTY COMMISSIONERS E
OF MONROE COUNTY, FLORIDA
a
BY .ts�..
ayor George Neugent
f
'KEVIN MADOK, CLERK
DEPUTY CLERK
MONROE COUNTY A ORNEY
AP VED AS TQ M..
-�,;M T. K4ILLIAMS
ASSl�-ii .NT COUNTY ATTORNEY
Data
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2017-055 Page 3 of 3
Packet Pg. 3142
1
2
3 MONROE COUNTY, FLORIDA
4 ORDINANCE NO.019 -2018
5
6 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
7 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE AS a
8 INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 010-2017
9 FOR AN ADDITIONAL 365 DAYS TO DEFER THE ACCEPTANCE AND 2
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 E
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)
co
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 19cn
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
Packet Pg. 3143
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
a®
12
13 WHEREAS, an extension to the temporary moratorium on the acceptance of applications for,the 2
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 E
17 amendments to the Land Development Code and the Comprehensive Plan to address this new and unique
18 use; and
0
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 00
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 a.
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
Packet Pg. 3144
f P.3.c
1 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. a
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 0
14 Comprehensive Plan amendment process as described in Chapter 163,Part II,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). E
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. ®I
00
24 SECTION 6: Vested Rights. cm
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 E
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
Packet Pg. 3145
P.3.c
1 SECTION 7: Applicability. This Ordinance shall be applicable in the unincorporated areas of
2 Monroe County.
3
4 SECTION 8: Severability. If any section, subsection, sentence, clause, phrase, or provision of
5 this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
6 such holding shall not be construed to render the remaining provisions of this ordinance invalid or
7 unconstitutional.
8
9 SECTION 9: Filing of Ordinance and Effective Date. This Ordinance shall take effect upon
10 filing with the Florida Department of State.
11 °
12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
13 regular meeting of the Board held on the15 ttday of August , 2018. 7z
14
15
16 Mayor David Rice,District 4 Yes E
17 Mayor Pro Tern Sylvia J. Murphy, District 5 Yes
18 Danny L. Kolhage,District 1 Yes 3 : r
19 George Neugent, District 2 Yes {, -•n
20 Heather Carruthers, District 3 Yes rn:
21 ;: c .
. :1 t is„ "►22
.
: .. .
23 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS``=--
Z4 .: >: :
24 OF MONROE ,AFL A �.`�
2 .. t
By: 001
Mayor David Rice
CM
% 1L 'ED A 704fd:
J _ o.
ryC���OBT COUNtY .t - tom:�f.f.rz� --,
ASSISTANT L TY ATTORNEY
File 2018-088 Page 4 of 4
Packet Pg. 3146
P.3.c
CKevin Madok, CPA
Clerk of the Circuit Court& Com troller— Monroe Count Florida
Y1
September 4, 2018
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern, ,
a�
Attached is an electronic copy of Ordinance No. 019-2018 extending an Interim
Development Ordinance as initially established on July 19, 2017 through Ordinance 010-2017for an 2
additional 365 days to defer the acceptance and approval of new applications for the establishment 0
of medical marijuana dispensing facilities commencing October 27, 2018,until such time as a
Comprehensive Plan or Land Development Code amendment process is completed regarding E
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; a
providing for amendment to the Land Use District(Zoning)Map;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 August 15, 2018. Should you have any questions, 0
please feel free to contact me at (305) 292-3550.
i
co
oo
Respectfully Submitted, cm
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex-officio to the Monroe County
Board of County Commissioners E
by: Pamela G. Hancock, D.C.
cc: Planning & Environmental
County Administrator
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan
305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 3147
FLORIDA DEPARTMENT E STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 4, 2018
a
a
Honorable Kevin Madok 2
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101 E
Key West, Florida 33040 �
Attention: Pamela Hancock E
a
Dear Mr. Madok
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 2018-019, which was filed in this office on September 4, O
2018. ®i
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Sincerely, cm
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.fl.us Packet Pg. 3148
P.3.d
Exhibit 3
1
2
3 MONROE COUNTY, FLORIDA
4 ORDINANCE NO. -2019
5
6 °
7 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
8 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE AS 2
9 INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 010-2017,
10 EXTENDED 365 DAYS THROUGH ORDINANCE 019-2018 AND FOR AN
11 ADDITIONAL 365 DAYS TO DEFER THE ACCEPTANCE AND APPROVAL OF
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12 NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA
13 TREATMENT CENTERS DISPENSING FACILITIES COMMENCING OCTOBER 27,
14 2019, UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND
15 DEVELOPMENT CODE AMENDMENT PROCESS IS COMPLETED REGARDING
16 MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES AND
17 PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF
18 THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE
19 PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,
20 WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING
21 FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
22 SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-061)
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23
24
25
cm
26 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida Statutes,
27 Monroe County possesses the police powers to enact ordinances in order to protect the health, safety, and E
28 welfare of the County's citizens; and
29
30 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on
31 15th day of February, 2017 in Key West, Florida adopted Resolution No. 47-2017 directing the Monroe
32 County Planning and Environmental Resources Department to process an Ordinance to impose a
33 temporary moratorium upon the acceptance and processing of new applications for the establishment of
34 medical marijuana treatment center dispensing facilities; and
35
36 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting on 19`h
File 2019-061 Page.
Packet Pg. 3149
P.3.d
Exhibit 3
1 day of July, 2017 in Marathon, Florida adopted Ordinance 010-2017 imposing a temporary moratorium
2 upon the acceptance and processing of new applications for the establishment of medical marijuana
3 treatment center dispensing facilities; and
4
5 WHEREAS, at a regularly scheduled meeting on August 15, 2018, in Key West, the BOCC
6 adopted interim development Ordinance 019-2018 extending for an additional 365 days; and
7
8 WHEREAS, the Monroe County Board of County Commissioners determines that it is in the best
9 interest of its residents,businesses and visitors to enact sufficient zoning regulations to ensure their health,
10 safety and welfare; and a
11
12 WHEREAS, medical marijuana treatment center dispensing facilities are a new and unique use 2
13 which is not currently addressed by the County Land Development Code or the Comprehensive Plan; and
14
15 WHEREAS, Florida Statute Section 381.986(11) provides specific rules about .the level of E
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16 regulation a local government may or may not impose on medical marijuana treatment center dispensing
17 facilities; and
18
19 WHEREAS, an extension to the temporary moratorium is necessary to review, study, hold public
20 hearings, and prepare and adopt an amendment or amendments to the Land Development Code and the
21 Comprehensive Plan to regulate medical marijuana treatment center dispensing facilities; and
22
23 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens
24 of Monroe County.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
27 OF MONROE COUNTY:
28
29 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed.
30
31 SECTION 2: Purpose. The Purpose of this ordinance is to preserve the status quo and enable
32 sufficient time for the County to review, study, hold public hearings, prepare and adopt provisions to the
33 Land Development Code and/or Comprehensive Plan, relating to the appropriate locations for medical
34 marijuana treatment center dispensing facilities, if any.
35
36 SECTION 3. Zoning in Progress. Monroe County hereby recognizes that County staff intends
37 to study and prepare regulations that would result in the regulation of medical marijuana treatment center
38 dispensing facilities. These regulations, if adopted, will amend the County Land Development Code
39 and/or the Comprehensive Plan. All affected property and business owners are placed on notice with
40 respect to these pending regulations and the action being taken by the appropriate departments within the
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Packet Pg. 3150
P.3.d
Exhibit 3
1 County.
2
3 SECTION 4: Moratorium.
4 A. For a period of 365 days from the effective date of this Ordinance, the County shall not accept,
5 process or take any action on any application for a development permit, development order or
6 take any other official action which would have the effect of allowing or permitting the
7 development of medical marijuana treatment center dispensing facilities, except as provided
8 in this ordinance. Should the County adopt Amendments to the Land Development Code and
9 Comprehensive Plan prior to the 365 days' time, said application for medical marijuana
10 treatment center dispensing facilities shall be accepted upon the effective date of any such
11 amendments.
12 B. This Ordinance shall not restrict, prohibit or otherwise prevent a property owner from the a
0
13 reasonable use of their land or from developing their land in accordance with the
14 Comprehensive Plan.
15 C. The adoption of this Ordinance is undertaken by the County in good faith and is intended to
16 further the goals of the Monroe County Comprehensive Plan and Chapter 163,Florida Statutes.
17 D. The limited duration of this moratorium has been established to accomplish the appropriate
a
18 study, planning and analysis for future development through the Monroe County
19 Comprehensive Plan amendment process as described in Chapter 163, Part II, Florida Statutes,
20 and the Comprehensive Plan.
21 SECTION 5: Definition. The following definitions apply to the terms used in this Ordinance:
r-
22 A. Pursuant to Section 381.986 (1)(f), Florida Statutes, "Marijuana" means all parts of any plant of
23 the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part
24 of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the
25 plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical
26 marijuana treatment center for medical use by a qualified patient.
27 B. Pursuant Section 381.986(1)(e),Florida Statutes. "Low-THC cannabis"means a plant of the genus
28 Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more cm
29 than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any
30 part of such plant; or any compound, manufacture, salt, derivative,mixture, or preparation of such
31 plant or its seeds or resin that is dispensed from a medical marijuana treatment center.
32 C. Medical Marijuana Treatment Center Dispensing Facility as established under Section 381.986(8),
33 Florida Statutes.
34 SECTION 6: Vested Rights.
35 A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of a
36 property owner to complete development where the property owner demonstrates each of the
37 following:
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Packet Pg. 3151
Exhibit 3
1 1. A government act of development approval was obtained prior to the effective date of
2 this, Ordinance; and
3 2, The property owner has detrimentally relied, in good faith, on the governmental
4 approval by making substantial change in position or incurring extensive obligation
5 and expanses; and
6 3. It would be highly inequitable to deny the property owner the right to complete the
7 development.
8 B. Any property owner claiming to have vested rights must seek a determination from the
9 Planning Official Pursuant to the procedures in the Land Development Code thirty (30) days
10 after the effective date of this Ordinance,
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11 SECTION 7. Applicability. This Ordinance shall be applicable in the unincorporated areas of .2
12 Monroe County,
13 E
14 SECTION 8: SevEEaLj!jjL If any section, subsection, sentence, clause, phrase, or provision of E
15 this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
16 such holding shall not be construed to render the remaining provisions of this ordinance invalid or
0
17 unconstitutional. E
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18 E
19 SECTION 9: Fillip Ordinance and Effective Date. This Ordinance shall take effect upon
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20 filing with the Florida Department of State.
21
22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a 0
23 regular meeting of the Board held on the—day of 2019.
24
25
26 Mayor Sylvia J. Murphy, District 5 X
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27 Mayor Pro Tern, Danny L. Kolhage, District I T_
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28 Michelle Coldiron, District 2
29 Heather Carruthers, District 3
30 David Rice, District 4 C14
31
E
32 Attest: K EVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
33 OF MONROE COUNTY, FLORIDA
34
35 Deputy Clerk By:
36 Mayor Sylvia J. Murphy
37 (SEAL)
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ASS NEY
Mae
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1 Packet Pg. 3152