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Home My WebLink AboutResolution 279-2025 -n {r 3 4 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 8 RESOLUTION NO. 279 -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 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 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 1 .' • PASSED AND ADOP.TED.'by the Board lof County Commissioners of Monroe County,Florida, • 2. .at:a:re ular,meeting held on the:20 day of August,20 25.. . ; . - 3 4. :Mayor James K. Scholl; District:3 : • ' Yes 5 : : Mayor•Pro.Tern Michelle Lincoln, District 2 Yes: d. : Commissioner Craig Cates, District 1: Yes - .7.... • : .. : •. • Commissioner David Rice, District:4 . Yes - . • :: Commissioner HollyMerrill Raschein, District 5: Yes: 1.0: . .. : - BOARD OF COUNTY COMMISSIONERS : • - • . . . 12iiik.• : : . : : i. :* : • s . : : . H. :. : : ' .: : : . : " : . :: . . .-. : ,:,. • i.. •• .• : V .0 1.•• :.: . : .. •• • ' 1 : . : -13 By. . 14 i •. YOR JAMES K. SCHOLL : ' . 17. : : . - • . • :• ..'. • . • • '. .. - :.• • *-:-."'"'. . .. ••• ' .:. • ".:*•7 ,...-........,':,--,..,7-... : :. • : : :: - •.. : : . . :•.: . . r OARI - 19. ' .::.__,.w�..., ' . • ASSISTANT COUNTY'ArrORNE '• 7/.31/25 / •.p it 20 s(SEAL),,�, •bate. . : : °2?1,jt :._s: ,•`,-----�� " . • • • • • - Sr :.,,,w0j Ci. •1`•�22 A TES,t \K}a�VIN MADOK, CLE•RK: `�.M1_, .1 C C..,1 1�5 ,` ' I i t � �..�Y;ry/� .. .. � .. .. .. .. . • 11.',;:•,•,:-•:• •.,,,',':-P•;lii;:'.'4•,;-„,,� ; Ys:�\''�� r�� y� {pppp �.;,I .. • .. .. • .. .. ' • \ •L 1/v _..Fj � 4 1 ��l..' 'Id A,,. . " iv .... . • • -• • ' •. • . • • . 26.,.,.';a- . EPUTY C•L•ERK RYA• t��'� .4t 4o .4 EXHIBIT 1 . 7/30/25, 11:37 PM Detail by Entity Name I)NIH:iaaia aai,,,,C01:k1,,01,r, i"'iaaiasu yy �� Mo U P asl aair irwnasiraP aay' �aaPa / IDiiviisio n of Coirla¢airaaPii¢airaQ, / Search IF�a"cord / sa,aair¢aln Ihar IE',inPiitr�r 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 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=l nitial&searchNameOrder=COASTAL... 1/2 7/30/25, 11:37 PM Detail by Entity Name hftps://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=COASTAL... 2/2