Item #20 First Reading of Ordinance for a Temporary Moratorium on Development Relating to Medical Cannabis Activities OCOPP
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AGENDA ITEM COVER SHEET
Meeting Date: December 6, 2016
Item # 177a
Reviewed By:
Contact Name: Michael Rumer, City Plan Department Director: i„,,L._-
Contact Number: (407) 905-3100 x1018 City Manager: i1 ''
Subject: Temporary Moratorium on processing applications for medical cannabis activities
Background Summary:
In the 2014 legislative session, the Florida Legislature passed CS/CS for Senate Bill 1030 allowing for
the compassionate use of low-THC and medical cannabis by qualifying patients. This bill, now codified
in section 381.986, Florida Statues, allows for the establishment of approved dispensing organizations
around the state. At the general election on November 8, 2016, Florida voters approved a
Constitutional Amendment to allow the use of marijuana for debilitating medical conditions.
Implementation of the Constitutional Amendment will increase the opportunities for the establishment
of dispensing organizations around the state.
Dispensing organizations are a new and unprecedented land use in the state of Florida. For this
reason, City staff has determined that the City's existing land development regulations must be
amended to address this type of use. For example, regulations relating to zoning location must be
created. In order to develop such regulations, City staff recommends a one year moratorium be
established on the processing and consideration of applications for any City approval, including but
not limited to development orders, development permits, and building permits, relating to
establishment of medical cannabis activities, as this term is defined in the ordinance.
Issue:
Should the Honorable Mayor and City Commissioners approve an ordinance establishing a temporary
moratorium on the processing and consideration of any and all applications to the City relating to medical
cannabis activities, including applications for development orders, development permits, and building
permits, until December 31, 2017?
Recommendations:
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve an
ordinance establishing a temporary moratorium on the processing and consideration of any and all
applications to the City relating to medical cannabis activities, including applications for development
orders, development permits, and building permits, until December 31, 2017.
Attachments:
Ordinance
Financial Impact:
N/A
Type of Item: (please math with an 51
Public Hearing For Clerk's Dept. Use:
X Ordinance First Reading (12/6/16) Consent Agenda
Ordinance Second Reading Public Hearing
Resolution X Regular Agenda
Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Dana Crosby-Collier N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
ORDINANCE 2017-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
IMPLEMENTING A TEMPORARY MORATORIUM UNTIL
DECEMBER 31, 2017, ON THE PROCESSING AND
CONSIDERATION OF ALL APPLICATIONS TO THE CITY,
INCLUDING BUT NOT LIMITED TO APPLICATIONS FOR
DEVELOPMENT ORDERS, DEVELOPMENT PERMITS, AND
BUILDING PERMITS, WHERE THE APPLICATION RELATES TO
MEDICAL CANNABIS ACTIVITIES AS MORE SPECIFICALLY
DEFINED IN THIS ORDINANCE; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and
chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule
authority, police power, land development and zoning authority, and governmental and
proprietary powers necessary to conduct municipal government and perform municipal
functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as
expressly prohibited by law; and
WHEREAS, due to changes in state law and the passage of a Florida
Constitutional amendment relating to the use of medical cannabis, as defined in state law,
the City finds that there is a need to evaluate those land use and zoning categories that
are best suited for Medical Cannabis Activities and to develop accompanying regulations
relating to this use; and
WHEREAS, the City staff is in the process of evaluating and developing use and
compatibility standards for Medical Cannabis Activities and intends to present to the City
Commission a proposed ordinance or ordinances amending the City's Comprehensive
Plan and/or land development code for the purpose of establishing permitted uses,
conditional uses, prohibited uses, supplemental standards, design standards, and other
development regulations governing this use; and
WHEREAS, the City wishes to place the public and all parties on notice that it is
considering such amendments and is hereby creating a temporary moratorium on the
acceptance, processing, and consideration of all applications to the City, including
applications for development orders, development permits, and building permits, where
those applications relate to Medical Cannabis Activities; and
WHEREAS, pursuant to the pending legislation doctrine set forth in Smith v. City of
Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), the City hereby declares and implements
the pending ordinance doctrine concerning the zoning and land development regulations
relating to Medical Cannabis Activities; and
WHEREAS, the City Commission in good faith determines that this Ordinance is in
the best interest of the City and its residents and promotes the health, safety, and welfare
of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as
true and correct and incorporated herein by this reference.
Section 2. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State
of Florida and Chapter 166, Florida Statutes.
Section 3. Definitions. For the purposes of this Ordinance, the following
terms have the following meanings:
(a) "Derivative Product" means any form of cannabis suitable for administration to
or consumption or use by a qualified patient, eligible patient, qualifying patient, or any
other similarly situation individual.
(b) 'Development order" and "development permit" shall have the same meaning
as these terms are defined at Section 163.3164, Florida Statutes.
(b) "Medical Cannabis Activities" means the growing, cultivation, processing, and
wholesale and retail sale of medical cannabis, low THC cannabis, and Derivative
Products, or any subset of such activities, or any related activities.
All other terms shall have the same meaning as defined in section 381.986,
Florida Statutes, or the 2014 Constitutional Amendment creating a new Article X,
Section 29, Florida Constitution.
Section 4. Moratorium. Unless otherwise specifically provided for in this
Ordinance, the City hereby places a temporary moratorium (suspension) on the
processing and consideration of all applications to the City, including applications for
development orders, development permits, and building permits, for those applications
that relate to any and all Medical Cannabis Activities. The moratorium shall be from the
effective date of this Ordinance until December 31, 2017, unless this Ordinance is
terminated earlier or extended by an Ordinance or Resolution duly adopted by the City
Commission.
Section 5. Conflict. All Ordinances or parts of Ordinances, Resolutions, or
parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such
conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions hereto.
Section 7. Non-codification. It is the intention of the City Commission that
the provisions of this Ordinance shall not be codified.
Section 6. Effective Date. This Ordinance shall become effective immediately
upon passage and adoption.
PASSED AND ADOPTED this day of , 2017.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk
Rusty Johnson, Mayor
(SEAL)
ADVERTISED , 2016
READ FIRST TIME , 2016
READ SECOND TIME AND ADOPTED
, 2017
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
This day of , 2017.
SHUFFIELD, LOWMAN &WILSON, P.A.
By:
City Attorney