|REVISED August 22, 2017 - Regular Meeting|
Agenda Item #42
LDCT-17-04/Ordinance 17-47 - Land Development Code Amendment Medical Marijuana Treatment Center Dispensing Facility - Request to Hold Second Public Hearing Prior to 5:00 pm - Legislative - Margaret Tusing, Principal Planner
Contact and/or Presenter Information
Margaret Tusing, Principal Planner, 941-748-4501 ext. 6828
Bobbi Roy, Planning Coordinator, 941-748-4501 ext. 6878
I move to hold the second public hearing to adopt proposed Ordinance 17-47 on September 7, 2017, at 9:00 am or as soon thereafter as same may be heard (in lieu of after 5:00 pm) pursuant to Section 125.66(4)(b)1. Florida Statutes.
(NOTE: THIS MOTION REQUIRES AT LEAST 5 VOTES TO PASS).
Florida Statutes Chapter 125.66(4)(b)1
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:
ban medical marijuana treatment center dispensing facilities within the County or, alternatively,
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 cannot 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 Amendment 17-04/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 minimum separation distance 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 minimum distance measured consistent with Alcoholic Beverage Establishments, which is "as the crow flies." Mr. Rahn was absent.
Staff is requesting the Board of County Commissioners to hold the second public hearing on September 7, 2017, during the regularly scheduled Land Use Meeting.
County Attorney Review
Not Reviewed (No apparent legal issues)
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