Okaloosa County BOCC — December 20, 2016 — Public Hearing Request - Adoption of an Ordinance for a Moratorium on — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 20, 2016 TO: Honorable Chairman and Members of the Board FROM: Roland Sims Jr. SUBJECT: Public Hearing Request - Adoption of an Ordinance for a Moratorium on Medical Marijuana Dispensaries DEPARTMENT: County Administrator BCC DISTRICT: ALL STATEMENT OF ISSUE: Pursuant to Article VIII of the Florida Constitution and section 125.66, Florida Statutes, Okaloosa County possesses the police powers to enact ordinances to protect the health, safety and welfare of its citizens. Medical marijuana dispensing facilities are a new and unique use which is not currently addressed by the Land Development Code or Code of Ordinances. Additionally, the voters have recently approved a constitutional amendment that expands use of medical marijuana. It is anticipated that the Legislature or Department of Health will be enacting legislation or regulations to address these issues. A short moratorium will allow the County time to study, review and address issues that may arise under local jurisdiction. BACKGROUND AND ANALYSIS: Pursuant to Article VIII of the Florida Constitution and section 125.66, Florida Statutes, Okaloosa County possesses the police powers to enact ordinances to protect the health, safety and welfare of its citizens. Medical marijuana dispensing facilities are a new and unique use which is not currently addressed by the Land Development Code or Code of Ordinances. Section 381.986 (8) (b), Florida Statues, permits counties to determine by ordinance the criteria for the number, location, and other permitting requirements that do not conflict with State law or department rule for all dispensing facilities of dispensing organizations located within the unincorporated areas in the county. Additionally, the voters have recently approved a constitutional amendment that expands use of medical marijuana. It is anticipated that the Legislature or Department of Health will be enacting legislation or regulations to address these issues. A short moratorium on the acceptance and approval of applications for new medical marijuana dispensing facilities will allow the County to address potential issues related to these uses. A temporary postponement of 180 days on the acceptance of applications for the processing of, and the issuance of development permits, development orders or any other official action by the County permitting or having the effect of permitting new medical marijuana dispensing facilities will allow time to review, study and hold public hearings, and prepare and adopt an amendment or amendments to the Land Development Code to address this new and unique use. Adoption of this ordinance will further the health, safety and welfare of the citizens of the County. Two public hearings will be required for the adoption of the ordinance Further, as there will be a delay before the moratorium ordinance can be adopted, staff recommends that the Board adopt a resolution declaring that there is “zoning in process” which would have the effect of not granting any vested rights to the establishment of a new medical marijuana dispensing facilities by the filing of an application prior to the Board’s consideration of the moratorium ordinance OPTIONS: Approve/Disapprove. RECOMMENDATION: Staff recommends the followings: 1. Authorize the scheduling and advertising of a two public hearings to be held at the Board’s January 3rd and 17th, 2017 meetings for the consideration of an ordinance imposing a moratorium on the acceptance of applications for, the processing of, and the issuance of development permits, development orders or any other official action by the County permitting or having the effect of permitting new medical marijuana dispensing facilities. 2. Adopting a Resolution declaring that there is “zoning in progress”