Okaloosa County BOCC — January 17, 2017 — Public Hearing - Adoption of an Ordinance for a Moratorium on Medical — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 17, 2017 TO: Honorable Chairman and Members of the Board FROM: Greg Stewart SUBJECT: Public Hearing - Adoption of an Ordinance for a Moratorium on Medical Marijuana Dispensaries DEPARTMENT: County Administrator BCC DISTRICT: ALL STATEMENT OF ISSUE: 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. The County has received and anticipates additional requests relating to the locating of marijuana dispensary facilities in the County. A brief moratorium will allow the County to consider impacts of these facilities and to develop appropriate regulations to address impacts. 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 requirement 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. The County has received some inquiries concerning the locating of medical marijuana dispensary facilities within the County. Additional time is needed for staff to study the impacts of these facilities and to develop appropriate regulations to address these impacts. Further, additional time is necessary to allow the State of Florida to adopt legislation or regulations as a result of the most recently approved constitutional amendment. 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. To prevent applicants from obtaining vested rights while this matter is being considered, the Board, at its December 20, 2016 meeting, adopted a Resolution declaring “Zoning in Progress.” The effect of this Resolution was to make any application submitted by an applicant subject to the provisions adopted by Ordinance. Two public hearings were required for this ordinance and the Planning Commission held the first of these hearings at its January 12, 2017 meeting. OPTIONS: Approve/Disapprove. RECOMMENDATION: Staff recommends the adoption of an ordinance imposing a moratorium 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 which would permit or have the effect of permitting the location of medical marijuana dispensing facilities. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator