www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers First Floor 9:00 am - September 7, 2017
September 7, 2017 - Land Use Meeting
Agenda Item #9


Subject
LDCT-17-04/Ordinance 17-47 - Land Development Code Text Amendment / Medcial Marijuana Treatment Center Dispensing Facility - Legislative - Margaret Tusing, Principal Planner

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Presenter:

   Margaret Tusing, Principal Planner, 941-748-4501 ext. 6828

Contact:

   Bobbi Roy, Planning Coordinator, 941-748-4501 ext. 6878



Action Requested

RECOMMENDED MOTION:

Based upon the staff report, evidence presented, comments made at the Public Hearing, the action of the Planning Commission, and finding the request to be CONSISTENT with the Manatee County Comprehensive Plan and in accordance with Section 341 of the Land Development Code, I move to ADOPT Ordinance 17-47, amending the Manatee County Land Development Code, as recommended by the Planning Commission.



Enabling/Regulating Authority

Section 381.986, Florida Statutes (2017)

Amendment 2, "Use of Marijuana for Debilitating Medical Conditions" passed by the Florida voters on November 8, 2016

Section 125.01, Florida Statutes



Background Discussion

• The Board adopted Ordinance No. 16-49 on December 13, 2016, to enact a temporary moratorium on the establishment and operation of medical marijuana dispensary organizations and medical marijuana treatment centers within the unincorporated areas of Manatee County for period of 180 days.  
• On June 6, 2017, the Board adopted Ordinance No.17-31, to extend the temporary moratorium previously enacted by Ordinance No. 16-49, for a period of 90 days expiring on September 16, 2017.
•  Florida Senate Bill 8-A (2017), enrolled version dated June 9, 2017, regarding medical marijuana essentially pre-empts the “regulation” of cultivating, processing and delivery of marijuana by medical marijuana treatment centers to the State of Florida.  
• Land use regulations are a form of governmental “regulation,” thus the enactment of zoning regulations applicable to facilities engaged in cultivation, processing or delivery of medical  marijuana has been pre-empted to the State and the County may not regulate these activities either by zoning regulations or otherwise.
• Florida Senate Bill 8-A codified within Section 381.986, Florida Statutes (2017) allows local governments to regulate medical marijuana dispensing facilities. The County has the following two options either to:
(1) ban medical marijuana treatment  center dispensing facilities within the County or, alternatively,
(2) allow medical marijuana treatment center dispensing facilities  within the County by an ordinance containing permitting requirements not in conflict with state law or the implementing rules of the Florida Department of Health.
• If the County selects the second option above, and opts to regulate the medical marijuana treatment center dispensing facilities, then the County man not enact ordinances which are more restrictive than the  ordinances of the County permitting or determining permissible locations for pharmacies (as defined and licensed under Chapter 475, Florida Statues).
• Proposed LDCT Amendment17-04/Ordinance 17-47 has been prepared to reflect the second option above.
• It is a policy decision of the Board of County Commissioners as to which option will promote the public welfare and serve a valid public purpose.
• Due to the current temporary moratorium expiring on September 16, 2017, the second option is being presented to the Planning Commission for review and a recommendation to the Board in a timely manner.
• On August 10, 2017, by a vote of 4 – 1, the Planning Commission recommended approval. Their recommendation was for the distance separation required to be measured form the real property line of medical treatment center dispensing facility to the real property line of the public or private elementary, middle, or high school facility. Mr. DeLesline voted nay stating he would like the distance separation measured consistent with bars. Mr. Rahn was absent.
• Staff recommends approval.
• On August 22, 2017 the Board of County Commissioners held the first of two required public hearings. No action was necessary at that public hearing. The second public hearing is September 7, 2017.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by emails to Matter 2017-0371 on July 20 & 26, and August 24, 2017.

Reviewing Attorney
Schenk

Instructions to Board Records
Please forward a copy of the executed document to bobbi.roy@mymanatee.org.

Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Staff Report - LDC Medical Marijuana - Ordinance 17-47 for 9-7-2017 BCC.pdf
Attachment:  1 - Newspaper Advertising for 9-7-2017 BCC.pdf
Attachment:  2 - Ordinance - LDCT-17-04 - Ord 17-47 9-7-2017 BCC.pdf
Attachment:  3 - Florida Statutes 381.986 Medical use of marijuana.pdf
Attachment:  4 - School Report - No Comments.pdf