Item O14 0.14
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�p.° Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: 0.14
Agenda Item Summary #6406
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider an ordinance by Monroe County
Board of County Commissioners (BOCC) adopting amendments to the Monroe County Land
Development Code to amend Section 101-1 to create a definition for medical marijuana treatment
center dispensing facility and specifically note that a medical marijuana treatment center dispensing
facility is a commercial retail or an institutional use; providing for severability; providing for repeal
of conflicting provisions; providing for transmittal to the State Land Planning Agency and the
Secretary of State; providing for amendment to and incorporation in the Monroe County Land
Development Code;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. A text amendment is proposed to Section 101-1 of the Land Development Code to create a
definition for medical marijuana treatment center dispensing facility and specifically note that a
medical marijuana treatment center dispensing facility is a commercial retail or an institutional use;
incorporating the BOCC direction provided on June 19, 2019 and within interim development
ordinances (IDOs) adopted via Ordinance 010-2017, Ordinance 019-2018, and Ordinance 025-2019.
The State of Florida has continued to develop and modify statute sections from which County
regulations would be derived for Medical Marijuana Treatment Center Dispensing Facilities.
Section 381.986(11), F.S., provides specific standards about the level of regulation a local
government may or may not impose on Medical Marijuana Treatment Center Dispensing Facilities,
as shown below:
381.986 Medical use of marijuana.—
(]]) PREEMPTION. Regulation of cultivation, processing, and delivery of maryuana by
medical maryuana treatment centers is preempted to the state except as provided in this subsection.
(a) A medical maryuana treatment center cultivating or processing facility may not be located
within 500 feet of the real property that comprises a public or private elementary school, middle
school, or secondary school.
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0.14
(b)1. A county or municipality may, by ordinance, ban medical marijuana treatment center
dispensing facilities from being located within the boundaries of that county or municipality. A
county or municipality that does not ban dispensing facilities under this subparagraph may not
place specific limits, by ordinance, on the number of dispensing facilities that may locate within
that county or municipality.
2. A municipality may determine by ordinance the criteria for the location of, and other
permitting requirements that do not conflict with state law or department rule for, medical
maryuana treatment center dispensing facilities located within the boundaries of that municipality.
A county may determine by ordinance the criteria for the location of, and other permitting
requirements that do not conflict with state law or department rule for, all such dispensing facilities
located within the unincorporated areas of that county. Except as provided in paragraph (c), a
county or municipality may not enact ordinances for permitting or for determining the location
of dispensing_facilities which are more restrictive than its ordinances permitting or determining
the locations for pharmacies licensed under chapter 465. A municipality or county may not charge
a medical maryuana treatment center a license or permit fee in an amount greater than the fee
charged by such municipality or county to pharmacies. A dispensing facility location approved by a
municipality or county pursuant to former s. 381.986(8)(b), Florida Statutes 2016, is not subject to
the location requirements of this subsection.
(c) A medical marijuana treatment center dispensing facility may not be located within 500 feet
of the real property that comprises a public or private elementary school, middle school, or
secondary school unless the county or municipality approves the location through a formal
proceeding open to the public at which the county or municipality determines that the location
promotes the public health,safety,and general welfare of the community.
(d) This subsection does not prohibit any local jurisdiction from ensuring medical maryuana
treatment center facilities comply with the Florida Building Code, the Florida Fire Prevention
Code, or any local amendments to the Florida Building Code or the Florida Fire Prevention Code.
The proposed amendment is consistent with Section 381.986(11), F.S., and allows medical
marijuana treatment center dispensing facilities within the same zoning districts that allow
pharmacies.
PREVIOUS RELEVANT BOCC ACTION:
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 interim development ordinance for an additional
365 days.
At a regularly scheduled meeting on July 17, 2019, in Marathon, the BOCC adopted interim
development Ordinance 025-2019 extending the interim development ordinance for an additional
365 days and directed staff to amend the Land Development Code to allow medical marijuana
treatment center dispensing facilities within the same zoning districts that allow pharmacies.
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0.14
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends approval.
DOCUMENTATION:
BOCC Ordinance_medical marijuana
BOCC SR_medical marijuana
Ex. 1 Ord. 010-2017 IDO
Ex. 2 Ord. 019-2018 IDO
Ex. 3 Ord 025-2019 IDO
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: n/a
Additional Details:
n/a
REVIEWED BY:
Bradley Stein Completed 12/19/2019 9:43 AM
Emily Schemper Completed 12/30/2019 10:09 AM
Assistant County Administrator Christine Hurley Completed
12/31/2019 11:16 AM
Steve Williams Completed 01/06/2020 10:56 AM
Budget and Finance Completed 01/06/2020 3:13 PM
Maria Slavik Completed 01/06/2020 3:14 PM
Kathy Peters Completed 01/06/2020 4:49 PM
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0.14
Board of County Commissioners Pending O1/22/2020 9:00 AM
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0.14.a
3 tee ,•"..
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. XXX -2020
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY
13 LAND DEVELOPMENT CODE TO AMEND SECTION 101-1 TO CREATE A
14 DEFINITION FOR MEDICAL MARIJUANA TREATMENT CENTER
15 DISPENSING FACILITY AND SPECIFICALLY NOTE THAT A MEDICAL
16 MARIJUANA TREATMENT CENTER DISPENSING FACILITY IS A
17 COMMERCIAL RETAIL OR AN INSTITUTIONAL USE; PROVIDING FOR a
18 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
19 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
20 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
21 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
22 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.
23 (FILE 2019-133)
24
25
26 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
27 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the health,
28 safety, and welfare of the County's citizens; and 2
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
E
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 19th
0
37 day of July, 2017 in Marathon, Florida adopted Ordinance 010-2017 imposing a temporary moratorium
38 upon the acceptance and processing of new applications for the establishment of medical marijuana 0
39 treatment center dispensing facilities; and 00
40
41 WHEREAS, at a regularly scheduled meeting on August 15, 2018, in Key West, the BOCC
42 adopted interim development Ordinance 019-2018 extending for an additional 365 days; and
43
44 WHEREAS, at a regularly scheduled meeting on July 17, 2019, in Marathon, the BOCC adopted
45 an extension to interim development Ordinance 019-2018 for an additional 365 days and directed staff to
46 amend the Land Development Code to allow medical marijuana treatment center dispensing facilities
47 within the same zoning districts that allow pharmacies; and
48
49
Ordinance No.XXX-2020 Page 1 of 4
File 2019-133
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0.14.a
I WHEREAS, pharmacies as described in state statute would be permitted within unincorporated
2 Monroe County Land Development Code under the commercial retail use (for a community pharmacy,
3 special pharmacy, intereet pharmacy or institutional pharmacy not located in a hospital) or as an
4 institutional use (for an institutional pharmacy located in a hospital); and
5
6 WHEREAS, the Monroe County Board of County Commissioners determines that it is in the best
7 interest of its residents, businesses and visitors to enact sufficient zoning regulations to ensure their health,
8 safety and welfare; and
9
10 WHEREAS, Section 381.986(11), Florida Statute, provides specific rules about the level of
11 regulation a local government may or may not impose on medical marijuana treatment center dispensing 0
12 facilities; and
13
14 WHEREAS, on October 29, 2019, the Monroe County Development Review Committee (DRC)
15 reviewed the proposed amendment; and
16
17 WHEREAS, at a regularly scheduled meeting held on November 19, 2019 the Monroe County e
18 Planning Commission held a public hearing for the purpose of considering the proposed amendment and
19 provided for public comment; and
20
21 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 50-19
22 recommending approval for the proposed amendment, including the recommendation that the definition of
23 dispensing facilities include the wording from Section 318.986(8)(a)l., F.S., of low-THC cannabis,
24 medical cannabis, and cannabis delivery devices; and .2
25 >
as
26 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
27 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the r-
28 citizens of the Florida Keys and to strengthen our local government capability to manage land use and 2
29 development; and
30
31 WHEREAS, at a regularly scheduled meeting held on the January 22, 2020, the Monroe County g
32 Board of County Commissioners held a public hearing, considered the staff report, and provided for
33 public comment and public participation in accordance with the requirements of state law and the Ei
34 procedures adopted for public participation in the planning process; and
35
36 WHEREAS, based upon the documentation submitted and information provided in the
37 accompanying staff report, the Monroe County Board of County Commissioners makes the following
38 Conclusions of Law:
0
39
40 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
41 Monroe County Year 2030 Comprehensive Plan; and
42 2. The proposed amendment is consistent with the Principles for Guiding Development for
43 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
44 3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statute; and
45 4. The proposed amendment is necessary due to new issues and the need for additional
46 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
47 Code.
48
Ordinance No.XXX-2020 Page 2 of 4
File 2019-133
Packet Pg. 2849
0.14.a
1
2
3 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
4 OF MONROE COUNTY, FLORIDA:
5
6 Section 1. The Monroe County Land Development Code is hereby amended as follows:
7
Proposed Amendment deletions are ; additions are shown in underlined).
8
9 Section 101-1 0
10
U)
11 Medical marijuana treatment center dispensingfacility means a facility that dispenses low-THC
12 cannabis, medical cannabis, and cannabis delivery devices, as provided in Section 381.986, F.S.
13 The dispensing facility is considered a commercial retail use, unless the dispensing facility is
14 within a within a health care institution. When the dispensing facility is within a health care r_
15 institution, then it is considered an institutional use. The dispensing facility acility may not be located 2
16 within 500 feet of the real property that comprises a public or private elementary school, middle
17 school, or secondary school unless the location is approved through a formal BOCC proceeding
18 open to the public at which the county determines that the location promotes the public health, 2
19 safety, and general welfare of the community. Additionally, all dispensing facilities must comply
20 with the Florida Building Code, the Florida Fire Prevention Code, or any local amendments to the
21 Florida Building Code or the Florida Fire Prevention Code.
22
T
23 >
24 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
25 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall
26 not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
27 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the
28 controversy in which such judgment or decree shall be rendered. E
29
30 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this
31 ordinance are hereby repealed to the extent of said conflict.
32
33 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning S
34 Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
35 t3
36 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida 0
37 but shall not become effective pursuant to Section 9 until a final order is issued according to F.S. 00
38 380.05(6) by the Florida State Land Planning Agency or Administration Commission approving the
39 ordinance, and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
40 Chapter 120.
41
42 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
43 included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to
44 amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of
45 the Code.
46
Ordinance No.XXX-2020 Page 3 of 4
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0.14.a
I Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
2 above.
3
4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
5 at a regular meeting held on the 22nd day of January 2020.
6
7 Mayor Heather Carruthers
8 Mayor Pro Tem Michelle Coldiron
9 Commissioner Craig Cates 0_
10 Commissioner David Rice
11 Commissioner Sylvia Murphy
12 U)
13
14 BOARD OF COUNTY COMMISSIONERS
15 OF MONROE COUNTY, FLORIDA
16
17 BY a
18 MAYOR HEATHER CARRUTHERS
19
20 (SEAL)
21
22 ATTEST: KEVIN MADOK, CLERK
23
24 DEPUTY CLERK
as
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a
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Ordinance No.XXX-2020 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, Senior Director of Planning &Environmental Resources o
From: Brad Stein, AICP, Planning and Development Review Manager
Mayte Santamaria, Senior Planning Policy Advisor
Date: December 18, 2019
Subject: An ordinance by Monroe County Board of County Commissioners (BOCC) adopting `r
amendments to the Monroe County Land Development Code to amend Section 101-1 to 2
create a definition for medical marijuana treatment center dispensing facility and
specifically note that a medical marijuana treatment center dispensing facility is a
commercial retail or an institutional use. (File 2019 — 133)
Meeting: January 22, 2020
.2
I. REQUEST
The Monroe County Planning & Environmental Resources Department is proposing an amendment to
Section 101-1 of the Land Development Code to create a definition for medical marijuana treatment e
center dispensing facility and specifically note that a medical marijuana treatment center dispensing
facility is a commercial retail or an institutional use; incorporating the BOCC direction provided on @
June 19, 2019 and within interim development ordinances (IDOs) adopted via Ordinance 010-2017,
Ordinance 019-2018, and Ordinance 025-2019. E
E
i
II. BACKGROUND INFORMATION
The Monroe County Year 2030 Comprehensive Plan, which became effective on June 20, 2016, and co
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. E
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
BOCC SR 12.18.19 Page 1 of 13
File 2019-133
Packet Pg. 2852
0.14.b
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 interim development ordinance 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.
At a regularly scheduled meeting on July 17, 2019, in Marathon, the BOCC adopted interim
development Ordinance 025-2019 extending the interim development ordinance for an additional 365
days and directed staff to amend the Land Development Code to allow medical marijuana treatment 2
center dispensing facilities within the same zoning districts that allow pharmacies. 0
U)
While staff has been working on amendments related to the establishment of Medical Marijuana
Treatment Center Dispensing Facilities; the State of Florida has continued to develop and modify
statute sections from which County regulations would be derived. Section 381.986(11), F.S., provides
specific standards about the level of regulation a local government may or may not impose on Medical r_
Marijuana Treatment Center Dispensing Facilities, as shown below.
381.986 Medical use of marijuana.—
(11) PREEMPTION. Regulation of cultivation, processing, and delivery of maryuana by medical
maryuana treatment centers is preempted to the state except as provided in this subsection.
(a) A medical mariYuana treatment center cultivating or processing facility may not be located
within 500 feet of the real property that comprises a public or private elementary school, middle
school, or secondary school. 0
(b)1. A county or municipality may, by ordinance, ban medical marijuana treatment center
dispensing facilities from being located within the boundaries of that county or municipality. A
county or municipality that does not ban dispensing_facilities under this subparagraph may not
place specific limits, by ordinance, on the number of dispensing facilities that may locate within
that county or municipality. e
2. A municipality may determine by ordinance the criteria for the location of, and other permitting
requirements that do not conflict with state law or department rule for, medical maryuana treatment E
center dispensing facilities located within the boundaries of that municipality. A county may determine ca
by ordinance the criteria for the location of, and other permitting requirements that do not conflict
with state law or department rule for, all such dispensing facilities located within the unincorporated
areas of that county. Except as provided in paragraph (c), a county or municipality may not enact
ordinances for permitting or for determining the location of dispensing facilities which are more
restrictive than its ordinances permitting or determining the locations for pharmacies licensed 0
under chapter 465. A municipality or county may not charge a medical maryuana treatment center a
license or permit fee in an amount greater than the fee charged by such municipality or county to
pharmacies. A dispensing facility location approved by a municipality or county pursuant to former s. E
381.986(8)(b), Florida Statutes 2016, is not subject to the location requirements of this subsection.
(c) A medical marijuana treatment center dispensing facility may not be located within 500 feet of
the real property that comprises a public or private elementary school, middle school, or secondary
school unless the county or municipality approves the location through a_formal proceeding open to
the public at which the county or municipality determines that the location promotes the public
health,safety, and general welfare of the community.
BOCC SR 12.18.19 Page 2 of 13
File 2019-133
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0.14.b
(d) This subsection does not prohibit any local jurisdiction from ensuring medical maryuana
treatment center facilities comply with the Florida Building Code, the Florida Fire Prevention Code,
or any local amendments to the Florida Building Code or the Florida Fire Prevention Code.
465.003 Definitions.As used in this chapter, the term:
(11)(a) `Pharmacy" includes a community pharmacy, an institutional pharmacy, a nuclear
pharmacy, a special pharmacy, and an Internet pharmacy.
1. The term "community pharmacy" includes every location where medicinal drugs are
compounded, dispensed, stored, or sold or where prescriptions are filled or dispensed on an
outpatient basis.
2. The term "institutional pharmacy"includes every location in a hospital, clinic, nursing home,
dispensary, sanitarium, extended care facility, or other facility, hereinafter referred to as "health c
care institutions,"where medicinal drugs are compounded, dispensed, stored, or sold. 0
3. The term "nuclear pharmacy"includes every location where radioactive drugs and chemicals
within the classification of medicinal drugs are compounded, dispensed, stored, or sold. The term g,
"nuclear pharmacy" does not include hospitals licensed under chapter 395 or the nuclear
medicine facilities of such hospitals.
4. The term "special pharmacy" includes every location where medicinal drugs are
compounded, dispensed, stored, or sold if such locations are not otherwise defined in this °r
subsection.
5. The term `Internet pharmacy" includes locations not otherwise licensed or issued a permit
under this chapter, within or outside this state, which use the Internet to communicate with or
obtain information from consumers in this state and use such communication or information to fill
or refill prescriptions or to dispense, distribute, or otherwise engage in the practice of pharmacy
in this state. Any act described in this definition constitutes thepractice ofpharmacy as defined in
subsection (13).
a�
Pharmacies as described in state statute would be permitted within unincorporated Monroe County a�
under the commercial retail use (for a community pharmacy, special pharmacy, internet pharmacy or
institutional pharmacy not located in a hospital) or as an institutional use (for an institutional
pharmacy located in a hospital).
E
Commercial retail and institutional uses are already identified within the Land Development Code
zoning districts and the ability to develop the uses in each district varies from as-of-right, minor
conditional use permit and major conditional use permit. The table below depicts where the Ei
commercial retail and institutional uses are listed in the Land Development Code and where medical
marijuana treatment center dispensing facilities could be permitted.
0
At a regularly scheduled meeting on July 17, 2019, in Marathon, the BOCC directed staff to amend
the Land Development Code to allow medical marijuana treatment center dispensing facilities within
the same zoning districts that allow pharmacies. E
c�
BOCC SR 12.18.19 Page 3 of 13
File 2019-133
Packet Pg. 2854
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Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on August 22, 2019
in Marathon to provide for public input. There was no public in attendance.
Development Review Committee and Public Input
The Development Review Committee considered the proposed amendment at a regular meeting on
October 29, 2019 and received public input.
Planning Commission and Public Input
The Planning Commission considered the proposed amendment at a regular meeting on November 19,
2019, provided for public input and recommended approval with the direction that the definition of 0
dispensing facilities include the wording from Section 318.986(8)(a)l., F.S., of low-THC cannabis, 0
medical cannabis, and cannabis delivery devices.
�s
Previous BOCC Action
At regular meetings, the BOCC adopted interim development ordinances as described above.
a
a
III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
The proposed text is shown as follows: additions are in underlined, deletions are stl4 ke t4,,u-0
a�
Section 101-1
Medical marijuana treatment center dispensing facility means a facility that dispenses low-THC
cannabis, medical cannabis, and cannabis delivery devices, as provided in Section 381.986, F.S. The
dispensing facility is considered a commercial retail use, unless the dispensing facility is within a
within a health care institution. When the dispensing_ facility acility is within a health care institution, then it r-
is considered an institutional use. The dispensing facility may not be located within 500 feet of the real 2
property that comprises a public or private elementary school, middle school, or secondary school
unless the location is aproved through a formal BOCC proceeding open to the public at which the
county determines that the location promotes the public health, safety, and general welfare of the g
community. Additionally, all dispensing facilities must comply with the Florida Building Code, the
Florida Fire Prevention Code, or any local amendments to the Florida Building Code or the Florida Ei
Fire Prevention Code.
�s
�s
IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
158(d)(7)(b):
1. Changed projections (e.g., regarding public service needs) from those on which the text or
boundary was based;
N/A
2. Changed assumptions (e.g., regarding demographic trends);
N/A
BOCC SR 12.18.19 Page 8 of 13
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0.14.b
3. Data errors, including errors in mapping, vegetative types and natural features described in volume
1 of the plan;
N/A
4. New issues;
The proposed amendment addresses newly established statutory provisions and BOCC direction.
In 2014, a constitutional amendment was proposed to address the medical use of marijuana and
medical marijuana treatment centers. The amendment did not pass. 0
U)
In 2016, a constitutional amendment was proposed to address the medical use of marijuana and
medical marijuana treatment centers. The amendment was approved.
On June 9, 2017, the Florida Legislature passed Senate Bill 8A (SB 8A), the Medical Use of
Mariivana Act. The Governor signed SB 8A into law on June 23, 2017.
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.
The Board of County Commissioners adopted interim development Ordinance 010-2017 on July .2
19, 2017, deferring the approval of new private applications for the establishment of medical `5
marijuana dispensing facilities commencing February 15, 2017.
The Board of County Commissioners adopted interim development Ordinance 019-2018 on August 2
15, 2018, deferring the approval of new private applications for the establishment of medical
marijuana dispensing facilities extending the IDO for an additional 365 days. E
At a regularly scheduled meeting on July 17, 2019, in Marathon, the BOCC adopted an extension 0
to the interim development Ordinance 019-2018 for an additional 365 days and directed staff to Ei
amend the Land Development Code to allow medical marijuana treatment center dispensing (n
facilities within the same zoning districts that allow pharmacies.
0
5. Recognition of a need for additional detail or comprehensiveness; or
The proposed amendment provides the definition needed to allow medical marijuana treatment
center dispensing facilities within the same zoning districts that allow pharmacies.
6. Data updates;
N/A
In no event shall an amendment be approved which will result in an adverse community change
to the planning area in which the proposed development is located or to any area in accordance
BOCC SR 12.18.19 Page 9 of 13
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with a livable communikeys master plan pursuant to findings of the board of county
commissioners.
The proposed text amendment is not anticipated to result in an adverse community change.
V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
County 2030 Comprehensive Plan. Specifically,it furthers: 0
U)
Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
safety of County residents and visitors, and protect valuable natural resources.
Objective 101.4: Monroe County shall regulate nonresidential development to maintain a balance r_
of land uses to serve the needs of the future population of Monroe County. 2
Glossary: Commercial Retail Use means an occupation or service providing primarily for the sale
of consumer goods,products, merchandise or services.
Glossary: Institutional Use means a use that serves the religious, educational, cultural, scientific,
research, social service, or health needs of the community, including, but not limited to, educational
and scientific research facilities that serve the region and day care and preschool facilities.
a�
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes.
a
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with
the principles for guiding development and any amendments to the principles, the principles shall
be construed as a whole and no specific provision shall be construed or applied in isolation from 2
the other provisions.
(a) Strengthening local government capabilities for managing land use and development so that local government is E
able to achieve these objectives without continuing the area of critical state concern designation.
(b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, wetlands, �3
fish and wildlife,and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for co
example,hardwood hammocks and pinelands),dune ridges and beaches,wildlife,and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development. E
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. E
(f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, and ensuring that
development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public
investments,including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection,treatment,and disposal facilities;
3. Solid waste treatment,collection,and disposal facilities;
BOCC SR 12.18.19 Page 10 of 13
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4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks,wildlife refuges,and marine sanctuaries;
7. State parks,recreation facilities,aquatic preserves,and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities,as appropriate.
(i) Protecting and improving water quality by providing for the construction,operation,maintenance,and replacement
of stormwater management facilities; central sewage collection; treatment and disposal facilities; and the
installation and proper operation and maintenance of onsite sewage treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater 0
management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable, and by
directing growth to areas served by central wastewater treatment facilities through permit allocation systems. 0
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
as
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. U)
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade
disaster and for a postdisaster reconstruction plan.
(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.
a
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with M
the Principles for Guiding Development as a whole and is not inconsistent with any Principle.
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
Specifically, the amendment furthers:
163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve and 2
enhance present advantages; encourage the most appropriate use of land, water, and resources,
consistent with the public interest; overcome present handicaps; and deal effectively with future W
problems that may result from the use and development of land within their jurisdictions.
Through the process of comprehensive planning, it is intended that units of local government
can preserve, promote, protect, and improve the public health, safety, comfort, good order,
appearance, convenience, law enforcement and fire prevention, and general welfare; facilitate E
the adequate and efficient provision of transportation, water, sewerage, schools, parks @
recreational facilities, housing, and other requirements and services; and conserve, develop, 0
utilize, and protect natural resources within their jurisdictions. Ei
163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and U
strategies for the orderly and balanced future economic, social, physical, environmental, and 0
fiscal development of the area that reflects community commitments to implement the plan and
its elements. These principles and strategies shall guide future decisions in a consistent manner a
and shall contain programs and activities to ensure comprehensive plans are implemented. The
sections of the comprehensive plan containing the principles and strategies, generally provided 2
as goals, objectives, and policies, shall describe how the local government's programs,
activities, and land development regulations will be initiated, modified, or continued to
implement the comprehensive plan in a consistent manner. It is not the intent of this part to
require the inclusion of implementing regulations in the comprehensive plan but rather to
require identification of those programs, activities, and land development regulations that will
be part of the strategy for implementing the comprehensive plan and the principles that describe
BOCC SR 12.18.19 Page 11 of 13
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0.14.b
how the programs, activities, and land development regulations will be carried out. The plan
shall establish meaningful and predictable standards for the use and development of land and
provide meaningful guidelines for the content of more detailed land development and use
regulations.
163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been
adopted in conformity with this act, all development undertaken by, and all actions taken in
regard to development orders by, governmental agencies in regard to land covered by such
plan or element shall be consistent with such plan or element as adopted.
(b) All land development regulations enacted or amended shall be consistent with the adopted
comprehensive plan, or element or portion thereof, and any land development regulations 0
existing at the time of adoption which are not consistent with the adopted comprehensive plan, 0
or element or portion thereof, shall be amended so as to be consistent. If a local government
allows an existing land development regulation which is inconsistent with the most recently
adopted comprehensive plan, or element or portion thereof, to remain in effect, the local
government shall adopt a schedule for bringing the land development regulation into
conformity with the provisions of the most recently adopted comprehensive plan, or element or
portion thereof. During the interim period when the provisions of the most recently adopted
comprehensive plan, or element or portion thereof, and the land development regulations are
inconsistent, the provisions of the most recently adopted comprehensive plan, or element or
portion thereof, shall govern any action taken in regard to an application for a development
order.
163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory .2
authority. It is the intent of this act that adopted comprehensive plans or elements thereof `5
shall be implemented, in part, by the adoption and enforcement of appropriate local regulations
on the development of lands and waters within an area. It is the intent of this act that the
adoption and enforcement by a governing body of regulations for the development of land or 2
the adoption and enforcement by a governing body of a land development code for an area shall
be based on, be related to, and be a means of implementation for an adopted comprehensive
plan as required by this act. 2
VI. PROCESS i
Land Development Code Amendments may be proposed by the Board of County Commissioners,
the Planning Commission, the Director of Planning,private application, or the owner or other person 0
having a contractual interest in property to be affected by a proposed amendment. The Director of
Planning shall review and process applications as they are received and pass them onto the
Development Review Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
adoption of the proposed amendment, and considers the staff report, staff recommendation, Planning
BOCC SR 12.18.19 Page 12 of 13
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0.14.b
Commission recommendation and the testimony given at the public hearing. The BOCC may adopt
the proposed amendment based on one or more of the factors established in LDC Section 102-
158(d)(7).
VIL STAFF RECOMMENDATION
Staff recommends approval of the proposed amendment.
VIII.EXHIBITS
0
1. Ordinance 010-2017
2. Ordinance 019-2018
3. Ordinance 025-2019
4. Draft Ordinance
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BOCC SR 12.18.19 Page 13 of 13
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0.14.c
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 U'
PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE �s
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. 2
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 E
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. 2865
0.14.c
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
0
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 U
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
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. `14
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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0.14.c
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 e
Commissioner Sylvia Murphy Yes U
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
a
.. BY
ayor George Neugent
AST ' IKEVIN MADOK, CLERK �.
DEPUTY CLERK
MONROE COUNTY IJORNEY
M:•AP
-�;�V L N T. WVVI LLIAMS
ASSIS ii NT COUNTY TTORNEY
Data
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2017-055 Page 3 of 3
Packet Pg. 2867
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
8 INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 010-2017
9 FOR AN ADDITIONAL 365 DAYS TO DEFER THE ACCEPTANCE AND U'
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 a
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 00
20 SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2018-088) cv
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 E
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. 2868
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
0
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 is
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 a
18 use; and
19
2
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 00
24 OF MONROE COUNTY: N
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,
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0.14.d
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.
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 II,Florida Statutes, is
15 and the Comprehensive Plan.
16 SECTION 5: Definition. The following definitions apply to the terms used in this Ordinance: a
a
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 2
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
00
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.
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Packet Pg. 2870
0.14.d
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.
14
15
16 Mayor David Rice,District 4 Yes
17 Mayor Pro Tern Sylvia J. Murphy, District 5 Yes
18 Danny L. Kolhage,District 1 Yes or
19 George Neugent, District 2 Yes -•n
20 Heather Carruthers, District 3 Yes
21
: .. .
22 :-
23 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS``=
---t 24 OF MONROE ,AFL A �.`� 00
2
By: .
Mayor David Rice
A
• /�J / '
MONROE COUI$Ty ATTORNEY
% AffflgVED A 704fd:
C���OBT COUNtY _
O;U �xssr��1 �p
ASSISTANT C TY ATTORNEY
File 2018-088 Page 4 of 4
Packet Pg. 2871
C00
Kevin 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,
0
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
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 or 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 amendment to the Land Use District(Zoning)Map;providing for an effective date.
0
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
00
regular meeting, held in formal session, on August 15, 2018. Should you have any questions,
please feel free to contact me at (305) 292-3550. N
Respectfully Submitted,
0
Kevin Madok, CPA, Clerk of N
the Circuit Court & Comptroller & W
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. 2872
FLORIDA DEPARTMENT E STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 4, 2018
0
0
U)
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
2
Dear Mr. Madok
O
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
00
electronic copy of Monroe County Ordinance No. 2018-019, which was filed in this office on September 4,
2018. N
Sincerely,
O
cv
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. 2873
0.14.e
W�f
Kevin Madok, cpA
�.
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
July 24, 2019
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. 025-2019 extending an Interim
Development Ordinance as initially established on July 19, 2017 through Ordinance 010-2017,
extended 365 days through Ordinance 019-2018 and for an additional 365 days to defer the
acceptance and approval of new applications for the establishment of medical marijuana
treatment centers dispensing facilities commencing October 27, 2019, until such time as a
Comprehensive Plan and Land Development Code amendment process is completed regarding
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, 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 2019-061}.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting,held in formal session, on July 17, 2019. Should you have any questions, please
LO
feel free to contact me at (305) 292-3550.
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: Planning& Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PKIROTH 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 305-8
Packet Pg. 2874
Exhibit 3
1
2
3 MONROE COUNTY, FLORIDA
4 ORDINANCE NO.025-2019
5
6
7 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
8 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE AS U)
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
12 NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA 2
13 TREATMENT CENTERS DISPENSING FACILITIES COMMENCING OCTOBER 27,
14 2019, UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND
1s 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, v
20 WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING LO
21 FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
22 SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-061)
23
24
25
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
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 191h
File 2019-061 Page
Packet Pg. 2875
0.14.e
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
11 c
12 WHEREAS, medical marijuana treatment center dispensing facilities are a new and unique use U)
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
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. LO
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 0
27 OF MONROE COUNTY:
28
29 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed.
30
e
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
File 2019-061 Page 2 of 4
Packet Pg. 2876
0.14.e
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
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
18 study, planning and analysis for future development through the Monroe County 2
19 Comprehensive Plan amendment process as described in Chapter 163,Part H,Florida Statutes,
20 and the Comprehensive Plan.
21 SECTION 5: Definition. The following definitions apply to the terms used in this Ordinance:
22 A. Pursuant to Section 381.986 (1)(f), Florida Statutes, "Marijuana" means all parts of any plant of LO
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 0
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."Law-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
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:
File 2019-061 Page 3 of 4
Packet Pg. 2877
0.14.e
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.
0
11 SECTION 7: Applicability. This Ordinance shall be applicable in the unincorporated areas of
12 Monroe County.
13
14 SECTION 8: Severability. If any section, subsection, sentence, clause, phrase, or provision of
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
17 unconstitutional.
18 2
19 SECTION 9. Filinp.of Ordinance and Effective Date. This Ordinance shall take effect upon
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
23 regular meeting of the Board held on the 17th day of ___July_ 2019.
LO
24
25
26 Mayor Sylvia J. Murphy, District 5 YesfAM
_ a
27 Mayor Pro Tem Danny L. Kolhage, District 1 Yes
28 Michelle Coldiron, District 2 Yes q v
29 Heather Carruthers, District 3 Yes ! ro -
�h 4- O
30 David Rice, District 4 Yes =- -
31 rn
32 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS* `•
33 OF MONRO O , FLORIDA o
34
35 Deputy Clerk By:
36 M or via J. Murph
37
ss MON COUX WORMY
A
s' ASSISTANY,-OM Y ATTOMW
a
[f31€8
File 2019-061 Page 4 of
Packet Pg. 2878
0.14.e
KEYVWEST
The Florida Keys Only Daily Newspaper,Est. 1676
PO Box 9900,Key.West FL 33041
P.(305)292-7777 exf.219 F.(M)295-8025
legafs@keysnews.com
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Tiicket: 301032., ;
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE jlegal.text]
8 f a(undersigned a ority personally appeared M
1 who an oath says that he or she is
of the Key West Citizen,a daily
newspaper publishedV Key W ,in Monroe County, Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of.
Sunday,June 30,2019
- ca
Affiant further says that the Key West Citizen is a newspaper published in Key 0
West,in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in-Key West,in said
Monroe County, Florida,for a period of 1 year next preceding the first publication cv
of the attached copy of advertisement;and affiant further says that he or she has LO
neither paid nor promised any person,firm or corporation any discount,rebate,
commission or refund for the purpose of securing this advertisement for publica-
tion in t id spape.
(Signature ofAffiant)
A d su sc' d before me this 30th day of June 2019
1411.
{ of ublic atu )
(Notary P blic Printed Name) (Notary Seal)
My commission expires l'.tC51_ _
Personally Known_2L Produced Identification
Suetynn Stam e
Type of identification Produced � •� y.
MISSION#GG232802
% �„y���' EXPIRES:June 27,2022
offBanded Thni Aaron Notary
Packet Pg. 2879
0.14.e
rMONROE COUNTY 130�4F�+D�OF
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NOTICE OF PUBLIC ` EATING AND,
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rairiir,i. ron.rsF' i,old a tdiiDl{o at tns Nhratr�e''Gowrm+ e t C. 279Rowrd !�h
IYfsratlson Ma�eo.C°a"gti Florida to:rovtaw aria reosiw pubNa:coniriienl for tt»taTbwvkiQ:ilema `'
Plietic Namit,i0&'Ago P111(a'a.so« dwis.ft.r as'm"be twangs �
AMENDING
MONROE COUNTY LAND'DEVELOPMENT CODE SECTION 139-1, AFFORDABLE AND EMPLOYEE
HO USING;"ADMINISTRATION, To SPECIFY THAT WHEN CALCULATING DENSITY, AFFORDABLE
HOL OO PENSITY EL
8HAU BE EXCLUDED FROM CALCULATIONS OF CUMULATIVE HOMA40 �
DENSITY ON A PARCEL(OPERATINGASA DENSITY BONUS.FOR THE DEVELOPMENT OF AFFORDABLE/
EMPLOYEE HOUSING ON PROPERTIES WITH A HOTEL/MOTEU;AS PROPOSED BY LONGSTOCK
PROVIDING FOR SEYERASILRV; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
A�101f10M1G FOR TRANSMITTAL TQ lHE STAIE-LAND PLANNING AGENCY AND THE SECRETARY OF
STAiTE;�PROV oD FOR INCLUSKIN KTHE:KAONROlc CWNTIf CODE;PROVIDING FOR AA EFFEOTIVE
pIIUE>(FRS 2017-076)
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AMENDING
F TIE LO
MONROE COIM[[Y.TIER.OVEALAY MAP'MW_W'I TO'TIEF4')N, FOR PROPERI`f
IQCATED AT MIL E MARKER6;LEZiALLY DESC6D AS`8L'OCK 3 E OT15;KEY hIAVEN ESTATES,SD(F1 i
ADDITION, PACC"KEY F�ILAAT BOOK 5,PAGE 18, RACCOON KEY,MONROE COUNTY,FLORIDA,
HAVING REAL'ESTATE NO.06190870.000000,AS PROPOSED BY ROBiRTU
IFW LOPEZ-AND MARGO REV
FRklB;:PAOVIDI�+�'FOR SEVERABIE ,-PRpVIDING FOR-REPEAE OF CONFLJGTiNG-PROVOONS,
i PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE;PROVIDING FOR)AMENDMENT TO THE 11ER OVERLAY DISTRICT MAP;PROVIDING FOR AN
EFFECTIVE DATE.(FILE 2018-238)See Mep 1 below.
. AMENDINGTHE'MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER Ill. FOR PROPERTY 4)
LOCATED AT MILE MARKER 5,LEGALLY DESCRIBED AS BLOCK 3,LOT 16,KEY HAVEN ESTATES,SIXTH
ADDITION,RACCOON KEY'PLAT BOOK S. PAGE 18, RACCOON KEY,MONROE COUNTY FLORIDA,
3 -HAVMK+REAL ESTATE NO.0013MW400000,AS PROPOSED BY ROBERTO LOPEZ AND MARGO RE4
TRIUST; PROVIDING FOR SEVEWIUTY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
I PRI]I/IDING FOR TRANSMITTAL-.TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE;PROVIDING FOR AMENDMENT TO THE JIER OVERLAY DISTRICT MAP;PROVIDING FOR AN
4 EFFECTIVE DATE.(FILE 2018-238)'See Map 2 below:
i Map.1 Map 2
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Packet Pg. 2880
AN'INTERIf�+I DEVELOPMENT ORDINANCE AS INR1ALl.Y ESTABLISHED ON.ra.1LY 19,.2017,zZFIROUGH 0.14.e
ORDNr/INCE 010-T2Q'�7 ANb DRENDEb 365 GAYS THROUGH ORDINANCE 018-20f8, FOR AN
ADDITIOIYAl,366�OV1Y5 TO DEFER THE ACCEPTANCE AND APPROVAL OF NEW'APPWCATlONS FOR
THE ESTABLISHMENT OF fiAEDK:A1: MARIJUANA TAEATMITIT' CENTERS DISPENSING FACILITIES_
COMMENCING OCT'OBER 27, 2018, UNTIL SUCH TIME AS_A COMPREIiENSIVE PLAN AND LAND
DEVELOPMENT CODE AMENDMENT PROCESS IS COMPLETED REGARDING MEDICAL MARIJUANA
TRtcATMENTCI NTERSdISPEN5INGFAClLiIIES.ANDPRONDINGFOREXPiRATIONWR}ii.N985DAYSOF
THEI:FFECfiVE DATEOF THIS iNTERiM'DEVEI OPMENTORDINANCE OA WiiEN 7HE COMPREHENWNE
PLAN AND LAND.DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,WHICHEUEA'COMES
FiFt57;PROVIDINGFOASEVERABELfiY;PROVIDI��JJGFORTRANSMITTALTbTHI STA7ELANDPLANNING,
AGENCYANO THE SECRETARYOF STATF f;dVIDlNG FOR AN EFFECTNE DATE (FILE2019.06l)
EXTENDING
i AN f nTAM DEVELOPMENT ORDINANCE-AS INITIALLY SHED ON JULY 79,2017.THROUGH
,..
�_.ORDM+u„WCE 012.20'37 M1D E)RENU£D:TtIROUGH OFibiFIfINC 6�`$-2018 FOR�IIN ADDITIONAL 366
D'I@ISTOE>EFERTFIAPPFtONIU O�NENIAPPL1CAfIIONSORRECEIVEDAPPLICATIONSTHAT HAVE NOT
BEEN FULI Y APPR04ED FOA COMPREHENSiVEE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS,
DEVELOPMENT AGREEMENTS QNCLiJDING 38t] DEVELOPMENT AGREEMENTS), AND MINOR AND
MAJOR CONDITlOtttML USE PERMITS(EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE
HOUSING DWELLING UNITS),WITH PROPbSED OCCUPANCY BY'THREE UNRELATED PEOPLE'OR
'iliV(1�1NREi NTED,PEOPCEATiD ANY"CFiILUREt+IPELAjEDTD EITHER OFTHEM'OFA DWE LR40
AND APPLICATIONS UTILIZING ZHETEFIM LOCIC-OIJT"COMMENCING OCTOeER 2T,
.BOCGGAN REVIEW AND POSSJSLY/JiIEND:TjiE COMPREHENSIVE PLAN!A}ID LAND�APMENT
i CODE REGARDING THE DEFINITIONS OF TOMIELIJNG UNIT HOUSEHOLD;FAMILY AND THE lM1D�K lED
TERM 'LOCK-OUT'OF A DWELLING UNiI;PROVIDING FOR EXPIRATION WITHIN 385 DiA1S OF
lEFF�BCTNE DATE OF THIS INTERIM SOP ENT ORDINANCE OR WHEN THE
ANDE.AND DEVELOPMENT CODE�A NENDIi�N1S 9EC0ME.EFFEC►11►1."WFiEC.FiE11ER C0�168:
FIRST;PA(3111DING FOR SEVERABUM,O&O NG FOR THAT IISIVIfITAL TO THE STATE LAND'PLMMrING
AGENCY AND TdE SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE.(File 2019-MI)
EXTENDING U)
AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19,2017 THROLM �
ORDINANCE 011-2017,AW b(TENDED THROUGH ORDINANCE 02�2018,FOR AN ADDITIONAL M
DAYS TO DEFER TKF�APPROVAI.aF NEW.PAMATE APPLICATIONS OR RECEIVED APPLICATIONS THAT
HAVE�BEEN FU APPROVED UTILIZING MONROECOUNTY SECTION.139 2(AFFORDABLE
FIOUS INCENTW PROGRAM)TO;TRANSFER.ROGO EXEM FROM;JyIOe. ILIE'HOMES TO
ANOTHER LOCATI,QN, OR,SECTK>f1}98 22{B)'TO tRANSFER ol<F=siTE MARKET;RATE UNi15 TO
ANOT]JER;LOCAATION,COMMENCING OCT0603 0 2018, UNTIL,THE i/sND,OOELOPM ENT:CQDE
IS AMENDED TO UAI T THE ,11ANSFER Oki w EXEFrIPTiONS�FRO'k AOBILE IPMES TO ONLY TIER
III DQ91f�t�ATED PLATTED�LQTB wffkN,THE 1MPIi0NED SUBDlGISION(IS},LAND WE DISTRICT OR
THE„1J IB�J1 RESIDE MAL MOB "QME()F!R LAND(OSE D13TI CT AND WITHIN THE SAME ROOD.
PliV�sfSLIBAJiF4A FOR.TI#E DEVEELOPMENT OF SINGLE FAtiA1LY DETACHED DWELLING UNITS
I AD THEt' 3 PROPERTY SHALL NOT BE A WORKING WgTERFRONi;"IXCEPT TO ALLOW NEW
APPLK:A OR iECEV!D APPL![ATIONS THAT HAVE NOT FULLY BEEN APPROVED, PURSUANT. 2
FiECEIVEIi
PD FtI SOLLIT ON 205.2018, TO L1T1L1ZE MONROE COUNTY CODE SECTION 130-2 (AFFORDABLE.
I HOUSINQ MICENTNE PfIOGfaAM)OR 5EET10N 198-22(� (TRI111SFER OF ROGO�EXEMPT'IONS)TO,
TRANSFET MARKET RATE ROGD EXEMPTIONS r0 TlER 111 PLATTED LOTS WITHIN THE IMPROVED i
SUBDtV151bN p$)OR URBAN RESIDENTIAL MOBILE-HOME(URMJ LAND USE DIS11iICTAND WITHIN THE '
SAME DEI•ACHEDDWELLING
UNITS'PROADED THE RECEIVER SITE IS NOT A WORKING WATERFROK,AS RECOMMENDED BY
THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE BOCC;PROVIDING FOR EXPIRATION,
WITHIN 365 DAYS OF THE EFFECTIVE DATE OFTHIS INTERIM DEVELOPMENT ORDINANCE OR WHEN04
THE LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE WHK3HEVER COMES FIRST;
LO
?ROVIDING FOR SEVERABILITY;PROVIDING FOR TRANSMITTAL.TO THE STATE LAND PLANNING cy
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE(FILE 2019-M
Copkin of Via above are available at the Mwwm County Pl wkQ D"UrieM aft"In Marslhw and Key. a
'Lego during normal buelneae hours end online nh -flxm nt to Secdon 286 0105 Florda Statutes,If a parson deddas to appeal any decision of the Board of
County Cmrdn s Jorrers,with respect to any matter considered at the meet orheadng,he or she wNl need
a record of the procee*nm and that for such purpose,he orshe may need to insure a verbgtkn record of
the proceedings Is made,whkh record k)duabs the testimony&evidence upon which the appeal is to be
based.
AM AS8i8T,11YCar syorr an a peraorr wlfh a♦dlssabNl/ty�who e�seydht`sypa�cfif ao/oornrno/da.E.lyon�ayln order
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l�/�i, frNatl�l�'r �M4 a�heft or raim ll�)a✓�f1,co lhM1 Mrs�f Ga�/rl�far days prior tb TIN
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Packet Pg. 2881
0.14.e
t
FLORIDA DEPARTMENT 0 STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
July 24, 2019
0
0
U)
Honorable Kevin Madok G
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
replacement electronic copy of Monroe County Ordinance No. 025-2019, which was filed in this office on
July 24, 2019. N
LO
cv
Sincerely,
Ernest L. Reddick E
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. 2882