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Agenda 05/09/2017 Item #17CProposed Agenda Changes Board of County Commissioners Meeting May 9, 2017 Move Item 9A to Item 17D: Recommendation to adopt an ordinance amending Ordinance No. 02- 61, as amended, to amend the external boundaries of the Fiddler’s Creek Community Development District #2, pursuant to Chapter 190.046, Florida Statutes, and to waive the optional local public hearing on a petition to amend the external boundaries of Fiddler’s Creek Community Development District #1 filed with the Florida Land and Water Adjudicatory Commission (FLWAC) since the CDD is over 1,000 acres. (Commissioner Taylor’s request) Move Item 17C to Item 9B: Recommendation to adopt an Ordinance that will implement a temporary moratorium on cannabis dispensing businesses, during which time staff will develop and bring forward Land Development Code Amendments regarding the appropriate zoning designation and locational restrictions suitable for such cannabis dispensing businesses. Note by County Attorney: This moratorium period commenced February 14, 2017 (Item 11-A), and will expire February 13, 2018, absent further action by the Board. (Commissioner McDaniel’s request) Time Certain Items: Item 11A to be heard immediately following Item 6A 05/09/2017 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance that will implement a temporary moratorium on cannabis dispensing businesses, during which time staff will develop and bring forward Land Development Code Amendments regarding the appropriate zoning designation and locational restrictions suitable for such cannabis dispensing businesses. Note by County Attorney: This moratorium period commenced February 14, 2017 (Item 11-A), and will expire February 13, 2018, absent further action by the Board. OBJECTIVE: To establish a temporary moratorium on cannabis dispensing businesses, while the Collier County Land Development Code (LDC) is amended to regulate the appropriate location and restrictions upon future locations for dispensing businesses. CONSIDERATIONS: In 2014 the Florida Legislature enacted a law legalizing low-THC medical cannabis in Florida and, with the passage of Amendment 2 on the November 8, 2016, Election ballot to expand the law to legalize medical cannabis for compassionate care and l egalize high-THC formulation (medical Cannabis) in Florida. Based upon that recognition, the Board of County Commissioners (Board) desires to establish a comprehensive set of land use regulations that provides for the appropriate zoning designation and locational restrictions appropriate for such cannabis dispensing businesses. The Board has expressed concerns over the potential adverse impacts on the health, safety, and welfare of residents and business from secondary effects associated with the distribution of cannabis, potentially including, offensive odors, trespassing, theft, fire hazards, increased crime in and about the dispensary, robberies, negative impacts on nearby businesses, nuisance problems, and increased DUI incidents. Additionally, the above potential adverse impacts are accentuated by the current difficulties experienced by cannabis businesses in obtaining banking services necessitating such businesses to operate on a cash basis. To provide for such regulatory framework that addresses the identified concerns, the Board recognizes that a moratorium is necessary until the appropriate regulations are developed, vetted with the Community and the local Planning Commission and adopted through a land development code (LDC) amendment. Additionally, State licensing and regulatory framework directs that the criteria for the number and the location of, and other permitting requirements that do not conflict with state law or department rule for, dispensing facilities of cannabis businesses may be determined by local Ordinance. It should be noted that the Florida Legislature will develop the statutory regulations regarding the Amendment 2 during the spring legislative session, with the regulations anticipated to be signed by the Governor on July 1, 2017. The moratorium is designed to expire on February 13, 2018. At its February 14, 2017, regular meeting (Item 11-A), the Board authorized the County Attorney to advertise the proposed temporary Moratorium Ordinance for future consideration and directe d staff to develop and bring forward Land Development Code amendments regarding the appropriate zoning designation and locational restrictions appropriate for such cannabis dispensing businesses. The matter was first forwarded to the Planning Commission, who heard the matter on April 6th and recommended approval by a unanimous vote. 17.C Packet Pg. 1039 05/09/2017 FISCAL IMPACT: The cost to advertise the proposed Ordinance was $375.21. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK GROWTH MANAGEMENT PLAN IMPACT: The adoption of the Moratorium will not impact the Growth Management Plan. RECOMMENDATION: To adopt the attached Ordinance implementing a moratorium until February 13, 2018, on new applications for development orders for medical marijuana dispensaries. Prepared by: Mike Bosi, AICP, Planning & Zoning Director, Zoning Division, Growth Management Department, and Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. Cannabis Moratorium Ordinance - JAK signed (PDF) 2. County Ordinances - Moratoria (PDF) 3. Legal Ad - Cannabis Moratorium Ordinance (PDF) 17.C Packet Pg. 1040 05/09/2017 COLLIER COUNTY Board of County Commissioners Item Number: 17.C Doc ID: 3091 Item Summary: Recommendation to adopt an Ordinance that will implement a temporary moratorium on cannabis dispensing businesses, during which time staff will develop and bring forward Land Development Code Amendments regarding the appropriate zoning designation and locational restrictions suitable for such cannabis dispensing businesses. Note by County Attorney: This moratorium period commenced February 14, 2017 (Item 11-A), and will expire February 13, 2018, absent further action by the Board. Meeting Date: 05/09/2017 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 04/20/2017 11:32 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 04/20/2017 11:32 AM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/20/2017 4:26 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/21/2017 11:07 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 04/27/2017 1:59 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/30/2017 9:49 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/09/2017 9:00 AM 17.C Packet Pg. 1041 17.C.1 Packet Pg. 1042 Attachment: Cannabis Moratorium Ordinance - JAK signed (3091 : Cannabis Moratoriam Ordinance - Adoption) 17.C.1 Packet Pg. 1043 Attachment: Cannabis Moratorium Ordinance - JAK signed (3091 : Cannabis Moratoriam Ordinance - Adoption) 17.C.1 Packet Pg. 1044 Attachment: Cannabis Moratorium Ordinance - JAK signed (3091 : Cannabis Moratoriam Ordinance - Adoption) 17.C.1 Packet Pg. 1045 Attachment: Cannabis Moratorium Ordinance - JAK signed (3091 : Cannabis Moratoriam Ordinance - Adoption) MEDICAL MARIJUANA COUNTY ORDINANCES/MORATORIA as of 1/26/17 COUNTY Ordinance Moratoria Alachua Yes Baker Yes Bay Yes Broward Yes Calhoun Yes Charlotte Yes Citrus Yes Clay Yes Columbia Yes Desoto Yes Dixie Yes Escambia Yes Flagler Yes Franklin Yes Glades Yes Hamilton Yes Hernando Yes Highlands Yes Hillsborough Yes Indian Rvier Yes Jax/Duval Yes Lake Yes Levy Considering Manatee Yes Marion Yes Miami-Dade Yes Monroe Yes Nassau Yes Orange Yes Osceola Yes Palm Beach Considering Pasco Yes Polk Yes Putnam Yes St. Lucie Yes Sumter Yes Washington Yes 17.C.2 Packet Pg. 1046 Attachment: County Ordinances - Moratoria (3091 : Cannabis Moratoriam Ordinance - Adoption) 17.C.3 Packet Pg. 1047 Attachment: Legal Ad - Cannabis Moratorium Ordinance (3091 : Cannabis Moratoriam Ordinance - Adoption)