City Commission Agenda Cover Memorandum

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City Commission Agenda Cover Memorandum Originating Department: Planning & Zoning (PZ) Meeting Type: Regular Agenda Date: 10/10/2017 Advertised: Required?

1 City Commission Agenda Cover Memorandum Originating Department: Planning & Zoning (PZ) Meeting Type: Regular Agenda Date: 10/10/2017 Advertised: Required?: Yes No ACM#: Subject: Public Hearing and First Reading of Ordinance No establishing a moratorium on the acceptance of applications and the issuance of permits for Cannabis Dispensing Facilities and Medical Marijuana Treatment Centers. Ordinance/Resolution: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, DECLARING A MORATORIUM AS TO THE FILING OF APPLICATIONS FOR CANNABIS DISPENSING FACILITIES AND MEDICAL MARIJUANA TREATMENT CENTERS WITHIN THE CITY OF WEST PALM BEACH AND DECLARING A ZONING IN PROGRESS TO COMPLETE DEVELOPMENT OF ZONING AND LAND DEVELOPMENT REGULATIONS FOR THE PLACEMENT OF CANNABIS DISPENSING FACILITIES AND MEDICAL MARIJUANA TREATMENT CENTERS; MAKING LEGISLATIVE FINDINGS OF FACT; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING A SUNSET CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Staff Recommended Motion: Approve Ordinance No Background: On June 16, 2014, the Compassionate Medical Cannabis Act of 2014 was signed into law, allowing certain patients access to medical marijuana prescribed by qualifying physicians. Under Section , Florida Statutes, two types of medical marijuana can now be obtained by qualifying patients: a low-thc (tetrahydrocannabinol) cannabis for patients with chronic seizures or muscle spasms, and a full-thc cannabis for terminally ill patients. Florida voters passed Amendment 2 on November 8, 2016, which expanded the availability of medical marijuana to qualifying patients with other conditions including cancer, epilepsy, glaucoma, AIDS, PTSD, Amyotrophic Lateral Sclerosis, Crohn s Disease, Parkinson s disease, and Multiple Sclerosis. Florida Senate Bill 8-A was subsequently passed and became effective on June 23, 2017, making certain amendments to the Compassionate Use Act. Planning Staff is currently drafting zoning regulations with specific requirements for cannabis dispensing facilities and medical marijuana treatment centers.

2 AGENDA COVER MEMORANDUM Page 2 C.M. # Date: Ordinance No will formally establish the moratorium and zoning in process until 11:59 p.m. on April 1, 2018, unless sooner repealed. The moratorium would be in effect City-wide. Fiscal Note Current Year: Annualized: Budgeted: Unbudgeted: Funding Source: Comment: Electronic Attachments: Click here for assistance with naming convention. Is this ACM related to a Grant? Yes No Is this ACM related to Housing? Yes No Originating Department - Approved by: Richard Greene on 10/04/ /04/2017 City Attorney's Department 10/05/2017 Asst. City Administrator Return to Agenda

3 ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, DECLARING A MORATORIUM AS TO THE FILING OF APPLICATIONS FOR CANNABIS DISPENSING FACILITIES AND MEDICAL MARIJUANA TREATMENT CENTERS WITHIN THE CITY OF WEST PALM BEACH AND DECLARING A ZONING IN PROGRESS TO COMPLETE DEVELOPMENT OF ZONING AND LAND DEVELOPMENT REGULATIONS FOR THE PLACEMENT OF CANNABIS DISPENSING FACILITIES AND MEDICAL MARIJUANA TREATMENT CENTERS; MAKING LEGISLATIVE FINDINGS OF FACT; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING A SUNSET CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. * * * * * * * * * * * * WHEREAS, on June 16, 2014, Florida s Compassionate Medical Cannabis Act of 2014 (Chapter , Laws of 32 Florida; codified at section , Florida Statutes; hereinafter referred to as the 33 Compassionate Use Act ) became law; and WHEREAS, the Compassionate Use Act legalized the cultivation, production, 36 and dispensing of a low-thc derivative product of marijuana for qualified patients ; and WHEREAS, the Compassionate Use Act is implemented by rule of the Florida 54 Department of Health under Chapter 64-4, Florida Administrative Code; and WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of Florida, and section (1), Florida Statutes, the City of West Palm Beach, Florida, is a municipal corporation which enjoys all governmental, corporate, and proprietary powers necessary to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the State regulations requires that applicants wishing to operate cannabis dispensing facilities or medical marijuana treatment centers demonstrate the ability to obtain zoning approval (Rule (2)(c)3, Florida Administrative Code); and WHEREAS, this requirement that applicants demonstrate ability to obtain zoning approval will require a determination of how a dispensing organization s dispensing facility is categorized for purposes of the city s Permitted Use Table within the City s Zoning and Land Development Regulations (Chapter 94, Code of Ordinances); and WHEREAS, Planning Staff is currently drafting zoning regulations with specific requirements for cannabis dispensing facilities and medical marijuana treatment centers; and WHEREAS, Florida Senate Bill 8-A became effective on June 23, 2017, making certain amendments to the Compassionate Use Act; and

4 ORDINANCE NO WHEREAS, by Ordinance No , the City Commission authorized a temporary moratorium on the acceptance of applications for cannabis dispensing facilities and marijuana treatment facilities; and WHEREAS, the purpose of this Ordinance is to extend the temporary moratorium on the opening of cannabis dispensing facilities and marijuana treatment facilities within the City; and WHEREAS, the extension of the moratorium is necessary in order to receive additional direction from the City Commission and to evaluate and create the regulations and additional standards for such facilities within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, that: SECTION 1: that: Legislative Findings of Fact: The City Commission finds and declares SECTION 2: SECTION 3: SECTION 4: SECTION 5: (1) All statements set forth in the recitals of this Ordinance are true and correct. (2) The enactment of this Ordinance is for a proper municipal purpose, allows for the adoption of regulations that continue to ensure orderly land use and development within the City, and protects the health, safety and welfare of the public. (3) There continues to exist a need to recognize a moratorium and Zoning in Progress as to applications for cannabis dispensing facilities and marijuana treatment facilities. Intent and Purpose. It is the intent and purpose of this Ordinance to protect the health, safety and general welfare of the residents and businesses of the City through analysis and implementation of regulations and standards for the location of cannabis dispensing facilities and marijuana treatment facilities within the City. Boundaries. This Ordinance shall be applicable to all properties located within the municipal corporate boundaries of the City of West Palm Beach. Zoning in Progress and Temporary Moratorium Declared. The City Commission hereby imposes a zoning in progress and temporary moratorium upon the acceptance of applications for the location of cannabis dispensing facilities and marijuana treatment facilities until April 1, 2018, in order to facilitate the development and adoption of regulations and standards for the location of cannabis dispensing facilities and marijuana treatment facilities within the City. During the moratorium, it is unlawful and a violation of this Ordinance for any person, firm, or corporation to open or cause to be opened any cannabis dispensary or low-thc cannabis dispensary or marijuana treatment facility within the City. Suspension of Conflicting Ordinances. During the effective period of this Ordinance, all other ordinances and resolutions of the City of West Palm Beach or 2

5 SECTION 6: SECTION 6: ORDINANCE NO portions thereof in conflict with this Ordinance are declared to be suspended to the extent of such conflict. Expiration and Sunset. This Ordinance shall stand repealed as of the earliest of the date that newly proposed land use regulations governing cannabis dispensing facilities and marijuana treatment facilities are adopted by the City Commission, or as of 11:59 p.m. on April 1, 2018, unless sooner repealed. Nothing in this Ordinance shall prevent the re-adoption or extension of the moratorium and zoning in progress declared by this Ordinance by Resolution of the City Commission. This Ordinance shall take effect immediately upon passage at Second Reading. 3

ORDINANCE NO

ORDINANCE NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORLANDO, FLORIDA, RELATING