Item #20 Second Reading of Ordinance and Public Hearing Amending Chapter 180, Section 5-8 of the City Code Related to Prohibition of Medical Marijuana Treatment Center Dispensary Facilities within the City of Ocoee oco °e
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AGENDA ITEM COVER SHEET
Meeting Date: November 7, 2017
Item # �Q
Reviewed By:
Contact Name: Mike Rumer, City Planner Department Director:
Contact Number: 407-905-3157 City Manager:
Subject: Second Reading of an Ordinance Amending Chapter 180, Section 5-8 of the City
Land Development Code Related to Prohibition Of Medical Marijuana Treatment Center
Dispensaries in the City of Ocoee
Background Summary:
First Reading was held on October 17, 2017.
In November of 2016, the voters of the State of Florida adopted an amendment to the State Constitution to
allow the broadened use of cannabis to treat medical conditions. In response to this constitutional
amendment, on January 3, 2017, the City adopted an ordinance implementing a temporary moratorium until
December 31, 2017. In June of 2017, the Florida Legislature adopted Senate Bill 8-A in a Special Session
which established a regulatory process for medical cannabis dispensaries.
Issue:
Should the Honorable Mayor and City Commission approve an ordinance prohibiting Medical Marijuana
Treatment Center Dispensaries in the City of Ocoee?
Discussion:
After the November 2016 Constitutional Amendment and before the Special Session that passed Senate
Bill 8-A, many jurisdictions passed a model ordinance allowing a limited number of facilities based on
population. The ordinance provided for regulations such as signage, location to schools, and other
opportunities to properly locate a facility if so desired. Upon passing Senate Bill 8-A, the Legislature
removed any ability to provide regulations on facilities.
Senate Bill 8-A, which establishes a regulatory process for medical marijuana dispensaries, provides local
governments two options for regulating uses. The City's two alternatives are as follows:
1. The City may ban medical marijuana treatment dispensaries outright by ordinance.
2. The City may allow medical marijuana treatment dispensaries, however, location criteria must follow
those for pharmacies as defined by Chapter 465 F.S. and no limit may be placed on the number of
dispensaries allowed within the City.
Recommendation:
Staff recommends the Honorable Mayor and City Commission approve an ordinance amending the City of
Ocoee Land Development Code Chapter 180, Section 5-8, prohibiting medical marijuana treatment center
dispensing facilities.
Attachments:
Ordinance
Financial Impact:
None
Type of Item:
® Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading 0 Consent Agenda
® Ordinance Second Reading pq Public Hearing
❑ Resolution 0 Regular Agenda
® Commission Approval
O Discussion&Direction
[ ] Original Document/Contract Attached for Execution by City Clerk
0 Original Document/Contract Held by Department for Execution
Reviewed by City Attorney ❑ N/A
Reviewed by Finance Dept. ❑ N/A
Reviewed by ( ) ❑ N/A
ORDINANCE NO. 2017-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
AMENDING THE CITY OF OCOEE LAND DEVELOPMENT
CODE, CHAPTER 180 OF THE CITY CODE; AMENDING
SUBSECTION B OF SECTION 5-8, USE REGULATIONS,
PROHIBITING MEDICAL MARIJUANA TREATMENT CENTER
DISPENSING FACILITIES WITHIN THE BOUNDARIES OF THE
CITY AS AUTHORIZED BY SECTION 381.986, FLORIDA
STATUTES (2017); PROVIDING FOR CODIFICATION;
PROVIDING FOR MORATORIUM CONTINGENCY; PROVIDING
FOR CONFLICT; REPEALING ORDINANCE 2017-004,
MORATORIUM ON MEDICAL CANNABIS ACTIVITIES;
PROVIDING FOR SEVERABILITY; 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 recent changes in state law regarding cultivation, processing,
distribution and sale of marijuana, the passage of a Florida Constitutional amendment
relating to the use of medical marijuana, and the absence of any land development
regulations in City Code relating to medical marijuana treatment centers or facilities, on
January 3, 2017, the City Commission adopted Ordinance 2017-004 providing for a
temporary moratorium on the acceptance, processing, and consideration of all applications
relating to Medical Cannabis Activities, including applications for medical marijuana
treatment centers; and
WHEREAS, in 2017 Special Session A, the Florida Legislature passed and the
Governor approved Senate Bill 8A, now Chapter 2017-252, Laws of Florida, relating to
medical marijuana; and
WHEREAS, Chapter 2017-252, Laws of Florida, is codified in part at Section
381.986, Florida Statutes, and authorizes a local governmental entity to either ban
medical marijuana treatment center dispensing facilities within its jurisdiction or allow
medical marijuana treatment centers within its jurisdiction subject to the regulations
provided in Chapter 2017-252, Laws of Florida; and
WHEREAS, Section 381.986(11), Florida Statutes, specifically provides that if a
local governmental entity chooses not to ban dispensing facilities it may not place
specific limits on the number of medical marijuana dispensing facilities that may locate
within its jurisdiction and any permitting or location of medical marijuana dispensing
facilities may be no more restrictive than that which the City uses in permitting or
determining the locations for pharmacies; and
WHEREAS, the City staff has evaluated the options under the 2017 legislation
relating to medical marijuana treatment centers and other authority and has presented to
the City Commission its findings and recommendations; and
WHEREAS, upon consideration of its options, the City Commission finds that it
would be in the public interest to exercise the option to ban medical marijuana treatment
center dispensing facilities at this time in the City of Ocoee; 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, Chapters 163 and 166, Florida Statutes, and Section 381.986, Florida
Statutes.
Section 3. Amendment of City Code. Subsection B of Section 5-8, Article V,
Chapter 180 of the City of Ocoee Land Development Code, is amended to read as
follows, with underline showing additions:
Article V — Land Use and Density Regulations (Zoning)
Section 5-8. — Use Regulations.
B. Prohibited Uses.
Without limiting the generality of the foregoing provision, the following uses are
specifically prohibited in all districts:
(1) Any use that involves the manufacture, handling, sale, distribution or storage of any
highly combustible or explosive materials in violation of the City's fire prevention code.
2
(2) Stockyards, slaughterhouses, rendering plants.
(3) Use of a travel trailer as a temporary or permanent residence.
(4) Use of a motor vehicle parked on a lot as a structure in which, out of which, or from
which any goods are sold or stored, any services are performed, or other business
conducted without special permission of the City Commission.
(5) Reserved.
(6) Adult Entertainment Establishments except as permitted by these regulations.
(7) Telecommunications service facilities except as permitted by Section 5-19.
Medical marijuana treatment center dispensing facilities, as described in section
381.986(8), Florida Statutes.
(All other provisions of section 5-8, City of Ocoee Land Development Code, remain
unchanged by this amendment.)
Section 4. Codification. This Ordinance shall be incorporated into the City of
Ocoee Land Development Code. Any section, paragraph number, letter and/or any
heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical and similar or like errors may be corrected, and additions,
alterations, and omissions not affecting the construction or meaning of this Ordinance or
the City Code may be freely made.
Section 5. Moratorium Contingency. In the event Section 381.986, Florida
Statutes, is amended or interpreted by a court of competent jurisdiction in such a
manner as to eliminate or prevent the City's ability to ban or prohibit medical marijuana
treatment center dispensing facilities within the City limits, as provided in this
Ordinance, upon the effective date of such action, the City Commission declares an
automatic, temporary one-year moratorium on the processing and consideration of all
applications to the City, including applications for development orders, development
permits, and building permits, relating to any and all medical marijuana treatment center
dispensing facilities within the City limits, in order to allow the City to evaluate changes
in the applicable law, the City's ability to regulate such uses and activities, and to
potentially enact local legislation regarding the same. Such one-year moratorium may
be terminated early through resolution or ordinance of the City Commission.
3
Section 6. Conflict; Repealing Ordinance 2017-004. All Ordinances or parts
of Ordinances and Resolutions, or parts of Resolutions in conflict herewith are hereby
made ineffective to the extent of such conflict as of the effective date of this Ordinance.
Ordinance 2017-004, relating to moratorium on medical cannabis activities, is hereby
repealed as of the effective date of this Ordinance.
Section 7. 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 8. 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 , 2017
READ FIRST TIME , 2017
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
4
CITY OF OCOEE
COPY OF NOTICE OF PUBLIC HEARING
FOR AN AMENDMENT TO THE
CITY CODE OF ORDINANCES
Date Put PROHIBITING MEDICAL
MARIJUANA TREATMENT
A6 I Orlando Sentinel Friday,October 27,2017 CENTER DISPENSING
FACILITIES
Advo NOTICE IS HEREBY given that the City of Ocoee City
Commission will consider a proposed Amendment to the
City Code of Ordinances pertaining to Prohibiting Medical
Marijuana Treatment Center Dispensing Facilities.
The OCOEE CITY COMMISSION will hold a public hearing
on the proposed amendment on TUESDAY, NOVEMBER
7, 2017, AT 6:15 PM or as soon thereafter as practical.
The public hearing will be held in the City Hall Commission
- Chambers located at 150 North Lakeshore Drive,Ocoee.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
AMENDING THE CITY OF OCOEE LAND DEVELOPMENT
CODE, CHAPTER 180 OF THE CITY CODE; AMENDING
SUBSECTION B OF SECTION 5-8, USE REGULATIONS,
PROHIBITING MEDICAL MARIJUANA TREATMENT
CENTER DISPENSING FACILITIES WITHIN THE
- BOUNDARIES OF THE CITY AS AUTHORIZED BY SECTION
381.986, FLORIDA STATUTES (2017); PROVIDING
FOR CODIFICATION; PROVIDING FOR MORATORIUM
CONTINGENCY; PROVIDING FOR CONFLICT; REPEALING
ORDINANCE NO.2017-004,MORATORIUM ON MEDICAL
CANNABIS ACTIVITIES;PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
Interested parties may appear at the public hearing and
be heard with respect to the proposed action above.
The complete case file may be inspected at the Ocoee
Development Services Department/Planning Division
located at 150 North Lakeshore Drive, Ocoee, Florida
between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday,except legal holidays.The City Commission
may continue these public hearings to other dates and
times,as it deems necessary.Any interested party shall be
advised of the dates,times,and places of any continuation
of these or continued public hearings shall be announced
during the hearing and no further notices regarding these
matters will be published.You are advised that any person
who desires to appeal any decision made at the public
hearings will need a record of the proceedings and for
this purpose may need to ensure that a verbatim record
of the proceedings is made which includes the testimony
and evidence upon which the appeal is based. Persons
with disabilities needing assistance to participate in any
of these proceedings should contact the City Clerk's Office
48 hours in advance of the meeting at 407-905-3105.
Melanie Sibbitt, Publish Date:
City Clerk October 27,2017