HomeMy WebLinkAboutItem J08 J8
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
August 20, 2025
Agenda Item Number: J8
2023-4317
BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin
AGENDA ITEM WORDING: Approval of a Resolution Authorizing the Proposed Location of a
Private Early Elementary Microschool To Be Less Than 500 Feet, Within the Same Shopping Center, of
an Existing Medical Marijuana Treatment Center Dispensing Facility, at 91200 Overseas Highway,
Tavernier, Currently Bearing Parcel Identification Number 00089910-000100.
ITEM BACKGROUND:
A newly proposed private early elementary microschool, Coastal Glades Microschool LLC ("Coastal
Glades Microschool"), has requested BOCC approval to be located less than 500 feet, within the same
shopping center, of an existing medical marijuana treatment center dispensing facility, at 91200
Overseas Highway, Tavernier. The subject microschool, an institutional use, would be located within
Phase II, Units 6-7 of Tavernier Towne Center, situated at 91200 Overseas Highway, already developed
with a commercial multi-use shopping center. There is currently a Trulieve medical marijuana treatment
center dispensing facility already located within the shopping center. The proposed microschool is
approximately 256 feet from the existing medical marijuana treatment center dispensing facility. In
accordance with Monroe County Land Development Code ("LDC") 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 F.S. § 381.986. 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 is within a health care institution, then it is considered an
institutional use. The 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 location is approved 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
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 Fire
Prevention Code." Likewise, in accordance with Florida Statutes § 381.986(11)(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 . . . approves the location through a formal proceeding open to the public at
which the county . . . determines that the location promotes the public health, safety, and general
3282
welfare of the community."
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Request Letter.pdf
Distance.png
Florida Division of Corporations (Sunbiz) - Coastal Glades Microschool LLC.pdf
BOCC Reso.pdf
FINANCIAL IMPACT:
N/A
3283
COASTAL
GLADES
MICROSCHOOL
July 25, 2025
Dear Commissioners,
I am writing to respectfully request an exemption to the 500-foot distance requirement
between a school and a medical marijuana dispensing facility,as outlined in the Monroe
County Land Development Code. Coastal Glades Microschool, a private K-5 program
registered with the Florida Department of Education,would like to operate at 91200
Overseas Highway, Phase II,Unit 6-7 in Tavernier.
The plaza where the space is located is already home to several family-friendly businesses,
including the movie theater and Pinfish—both of which regularly serve children and youth.
Our school would fit naturally into this environment and further contribute to the
community as an innovative,nature-based educational option for families in the Upper
Keys.
Coastal Glades Microschool offers a Montessori-inspired,standards-aligned curriculum with
a strong focus on individualized learning, outdoor education,and academic rigor.We are
also approved through Step Up for Students, providing state scholarship access to families
in our area.
We fully understand the intention behind the 500-foot rule and support efforts to ensure
the safety and well-being of minors. However,considering the nature of the surrounding
businesses,the enclosed layout of the plaza,and the educational need we serve,we kindly
ask for your consideration in granting an exemption for this location.
Thank you for your time and thoughtful review. I am happy to provide further details or
attend any hearings as needed.
Sincerely,
Samantha Simpson
Founder&Director
Coastal Glades Microschool
3284
INS 1 j,
IB
� ..
ID A
r
/ /
�f I
✓�/ � l it ��V�� � /�� l � 11�91i �_ �,
I
I
3285
7/30/25, 11:37 PM Detail by Entity Name
11i)NIH:0019 aai,,,,C01:k1,,01,,r, i iaaiarsu
yy ��
Mo U P
asl aair irwnasiraP aay' a0' / IDiiviisio n of CoirIro¢air aPiieairmQ, / Search IF�a"cord / sa,aair¢aln Ihar IE',inPiitry�Il�aairwna, /
III - iii 111 by Entity 1114aiime
Florida Limited Liability Company
COASTAL GLADES MICROSCHOOL LLC
Filing Information
Document Number L25000158127
FEI/EIN Number NONE
Date Filed 04/02/2025
Effective Date 04/01/2025
State FL
Status ACTIVE
Principal Address
103225 OVERSEAS HIGHWAY
KEY LARGO, FL 33037
Mailing Address
103225 OVERSEAS HIGHWAY
KEY LARGO, FL 33037
Registered Agent Name&Address
SIMPSON, SAMANTHA L
103225 OVERSEAS HIGHWAY
KEY LARGO, FL, FL 33037
Authorized Person(s)Detail
Name&Address
Title AR
SIMPSON, SAMANTHA L
103225 OVERSEAS HIGHWAY
KEY LARGO, FL 33037
Annual pgrts
No Annual Reports Filed
Document Ia
Q41021202 --Ih°''llaairliayaa liirwnlitra ay uaalnullutryr View image in IPIDIf° foirrrmA
htt s://search.sunbiz.or /In ui /Cor orationSearch/Search ResultDetail?in ui a=Enti Name&directionT e=Initial&searchNameOrder=COASTAL... 3286
-
P 9 4 rY P q rYtYP — tY YP —
7/30/25, 11:37 PM Detail by Entity Name
hftps://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=COASTAL... 32.87
-n
{r
3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 RESOLUTION NO. -2025
9
10 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS (`BOCC" OR `BOARD") AUTHORIZING THE PROPOSED
12 LOCATION OF AN EARLY ELEMENTARY MICROSCHOOL TO BE LESS
13 THAN 500 FEET FROM AN EXISTING MEDICAL MARIJUANA TREATMENT
14 CENTER DISPENSING FACILITY, AT 91200 OVERSEAS HIGHWAY,
15 TAVERNIER.'
16
17
18 WHEREAS, on or about July 17t', 2025, the Monroe County Planning and Environmental
19 Resources Department received a request from Samantha Simpson, the Authorized Representative of
20 and on behalf of Coastal Glades Microschool LLC ("Coastal Glades Microschool", "microschool", or
21 the"applicant"),for BOCC approval of a Resolution authorizing the location of a newly proposed private
22 early elementary ("elementary") microschool to be located less than 500 feet from an existing medical
23 marijuana treatment center dispensing facility, both of which are located within the same existing
24 shopping center ("Tavernier Towne Center") on property located at 91200 Overseas Highway,
25 Tavernier, currently bearing Parcel Identification Number 00089910-000100; and
26
27 WHEREAS, the subject elementary microschool, an institutional use, would be located within
28 Phase II, Units 6-7 of Tavernier Towne Center, approximately 256 feet from an existing medical
29 marijuana treatment center dispensing facility; and
30
31 WHEREAS, in accordance with Monroe County Land Development Code § 101-1, "`Medical
32 marijuana treatment center dispensing facility' means a facility that dispenses low-THC cannabis,
33 medical cannabis, and cannabis delivery devices; as provided in F.S. § 381.986. The dispensing facility
34 is considered a commercial retail use, unless the dispensing facility is within a health care institution.
35 When the dispensing facility is within a health care institution, then it is considered an institutional use.
36 The dispensing facility may not be located within 500 feet of the real property that comprises a public
37 or private elementary school,middle school, or secondary school unless the location is approved through
38 a formal BOCC proceeding open to the public at which the county determines that the location promotes
39 the public health, safety, and general welfare of the community. Additionally, all dispensing facilities
40 must comply with the Florida Building Code,the Florida Fire Prevention Code,or any local amendments
41 to the Florida Building Code or the Florida Fire Prevention Code."; and
42
43 WHEREAS,in accordance with Section 381.986(11)(c), Florida Statutes,"A medical marijuana
44 treatment center dispensing facility may not be located within 500 feet of the real property that comprises
45 a public or private elementary school,middle school, or secondary school unless the county . . . approves
46 the location through a formal proceeding open to the public at which the county . . . determines that the
47 location promotes the public health, safety, and general welfare of the community."; and
Parcel ID No. 00089910-000100.
1 of 4
3288
I WHEREAS,pursuant to Sections 125.01(1)(a) and(t), Florida Statutes,the BOCC may "set the
2 time and place of its official meetings" as well as "[a]dopt its own rules of procedure" and adopt
3 "resolutions necessary for the exercise of its powers[.]"; and
4
5 WHEREAS, in conformity with the aforesaid requirements that an elementary school, middle
6 school, or secondary school proposed to be located within 500 feet of a medical marijuana treatment
7 center dispensing facility may only be approved through "a formal BOCC proceeding open to the
8 public", this request by Coastal Glades Microschool was duly scheduled on the Board's regularly
9 scheduled August 20th, 2025, public meeting agenda, and was accordingly considered at the Board's
10 regularly scheduled August 20th, 2025,public meeting; and
11
12 WHEREAS, the placement of this request ("agenda item") from Samantha Simpson in her
13 capacity as the Authorized Representative of Coastal Glades Microschool on the Board's published
14 public meeting agenda for its regularly scheduled August 20th, 2025, BOCC meeting, and the Board's
15 due consideration of said agenda item at the Board's regularly scheduled August 20th, 2025, public
16 meeting, altogether constitutes "a formal BOCC proceeding open to the public" that satisfies the
17 aforesaid requirements that an elementary school, middle school, or secondary school proposed to be
18 located within 500 feet of a medical marijuana treatment center dispensing facility may only be approved
19 through"a formal BOCC proceeding open to the public[.]"; and
20
21 WHEREAS, the BOCC, after considering all documentation submitted, public comment
22 received, and information provided (cumulatively, the "record"), and, based upon this record pertinent
23 to this request, hereby makes the following findings of fact and conclusions of law:
24
25 1. The proposed location of the above-referenced early elementary microschool promotes the public
26 health, safety, and general welfare of the community within the meaning of the above-referenced
27 requirements;
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
30 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
31
32 Section 1. Recitals. The foregoing recitals, findings of fact, and conclusions of law are true and
33 correct and are hereby incorporated as if fully stated herein.
34
35 Section 2. This record supports a determination that the above-referenced early elementary
36 microschool's proposal to be located within 500 feet of the above-referenced medical
37 marijuana treatment center dispensing facility promotes the public health, safety, and
38 general welfare of the community.
39
40 Section 3. This Resolution does not constitute final approval for development including but not
41 limited to approval for a change of use. The Applicant shall obtain all required building
42 permit(s) for any improvement or development requiring such an approval, and shall
43 obtain all other required federal, State, County, and local approvals.
44
45 Section 4. Non-Precedential/ No Precedent/ Not Precedent. Neither this determination nor this
46 Resolution constitute precedent upon which a subsequent interpretation, legal, judicial,
47 or quasi-judicial action, claim, defense, or relief of any kind may be based.
48
2 of 4
3289
I Section 5. To the extent of any internal or external conflicts, inconsistencies, and/or ambiguities,
2 within this Resolution or between this Resolution and the Monroe County Code of
3 Ordinances, Florida Building Code, Monroe County Land Development Code, Monroe
4 County Comprehensive Plan, Letter of Understanding ("LOU"), Letter of Development
5 Rights Determination ("LDRD"), or any other approval or determination of the Monroe
6 County Board of County Commissioners, Monroe County Planning Commission,
7 Monroe County Development Review Committee, Monroe County Planning &
8 Environmental Resources Department, or other department or office of Monroe County,
9 the more restrictive rule, regulation, law,provision, and text shall always apply.
10
11 Section 6. Subject to Section 5. above,the interpretation of this Resolution and all provisions of the
12 Monroe County Comprehensive Plan, Florida Building Code, Monroe County Codes,
13 Florida Statutes, and floodplain management regulations whose interpretation arise out
14 of, relate to, or are interpreted in connection with this Resolution, shall be liberally
15 construed and enforced in favor of Monroe County, and such interpretation shall be
16 entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy,
17 and on appeal.
18
19 Section 7. This Resolution neither ratifies nor approves, nor shall be interpreted as ratifying or
20 approving, any violation or violations of the Monroe County Code of Ordinances,
21 Monroe County Land Development Code, Monroe County Comprehensive Plan,
22 floodplain management regulations, Florida Building Code, Florida Statutes, Florida
23 Administrative Code, or any other law,rule, or regulation,whether Federal or of the State
24 or of Monroe County, and shall not be construed as ratifying or approving of any such
25 violation of law(s), rule(s), or regulation(s).
26
27 Section 8. Approval of this Resolution shall not estop or waive, nor shall be construed as estopping
28 or waiving, Monroe County's right to enforce, seek enforcement of, and require
29 compliance with the Monroe County Codes, Monroe County Comprehensive Plan,
30 floodplain management regulations, Florida Building Code, Florida Statutes, Florida
31 Administrative Code, or any other law, rule, or regulation, whether at law or in equity.
32
33 Section 9. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any
34 provision of this Resolution, or part or any portion thereof, is held to be invalid or
35 unenforceable in or by any administrative hearing officer or court of competent
36 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
37 thereof,shall neither limit nor impair the operation,enforceability, or validity of any other
38 provision of this Resolution, or any remaining part(s) and/or portion(s)thereof. All other
39 provisions of this Resolution, and remaining part(s) and/or portion(s) thereof, shall
40 continue unimpaired in full force and effect.
41
42 Section 10. The Florida Division of Corporations ("Sunbiz") entry for Coastal Glades Microschool
43 LLC, attached hereto as Exhibit 1., is hereby incorporated as if fully set forth herein.
44
45 Section 11. Non-Reliance by Third-Parties. No person, business entity, or non-profit organization
46 may cite or rely upon this determination or Resolution to enforce or attempt to enforce
47 any third-party theories of relief, claims, defenses, entitlements, or benefits.
48
49 Section 12. Effectiveness. This Resolution shall take effect as provided by law.
3 of 4
3290
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
2 at a regular meeting held on the 20'h day of August, 2025.
3
4 Mayor James K. Scholl, District 3
5 Mayor Pro Tem Michelle Lincoln, District 2
6 Commissioner Craig Cates, District 1
7 Commissioner David Rice, District 4
8 Commissioner Holly Merrill Raschein, District 5
9
10 BOARD OF COUNTY COMMISSIONERS
11 OF MONROE COUNTY, FLORIDA
12
13 By:
14 MAYOR JAMES K. SCHOLL
15 MONRO aC A17ORNE
16 � l T FORM
17
18 ............ .. ...... _ ... ......... ,,,...«.,.,....m, ...mmuw
PETER MORRIS
19 ASSISTANT COUNTY ATTORNEY
20 (SEAL) Datw 7/31/25
21
22 ATTEST: KEVIN MADOK, CLERK
23
24
25
26 AS DEPUTY CLERK
27
4 of 4
3291
EXHIBIT 1 .
7/30/25, 11:37 PM Detail by Entity Name
11i)NIH:0019 aai,,,,C01:k1,,01,,r, i iaaiarsu
yy ��
Mo U P
asl aair irwnasiraP aay' a0' / IDiiviisio n of CoirIro¢air aPiieairmQ, / Search IF�a"cord / sa,aair¢aln Ihar IE',inPiitry�Il�aairwna, /
III - iii 111 by Entity 1114aiime
Florida Limited Liability Company
COASTAL GLADES MICROSCHOOL LLC
Filing Information
Document Number L25000158127
FEI/EIN Number NONE
Date Filed 04/02/2025
Effective Date 04/01/2025
State FL
Status ACTIVE
Principal Address
103225 OVERSEAS HIGHWAY
KEY LARGO, FL 33037
Mailing Address
103225 OVERSEAS HIGHWAY
KEY LARGO, FL 33037
Registered Agent Name&Address
SIMPSON, SAMANTHA L
103225 OVERSEAS HIGHWAY
KEY LARGO, FL, FL 33037
Authorized Person(s)Detail
Name&Address
Title AR
SIMPSON, SAMANTHA L
103225 OVERSEAS HIGHWAY
KEY LARGO, FL 33037
Annual pgrts
No Annual Reports Filed
Document Ia
Q41021202 --Ih°''llaairliayaa liirwnlitra ay uaalnullutryr View image in IPIDIf° foirrrmA
htt s://search.sunbiz.or /In ui /Cor orationSearch/Search ResultDetail?in ui a=Enti Name&directionT e=Initial&searchNameOrder=COASTAL... 3293
—
P 9 4 rY P q rYtYP — tY YP —
7/30/25, 11:37 PM Detail by Entity Name
hftps://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=COASTAL... 32.94