HomeMy WebLinkAbout2017-09-373 - Extension of Moratorium Medical MarijuanaMedical Marijuana 18605 N W 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
July 26, 2017 Item Type:
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Resolution Ordinance Other
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Fiscal Impact:
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Yes
No Ordinance Reading:
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1st Reading 2nd Reading
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X Public Hearing:
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Yes No Yes No
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Funding Source:
General Fund Advertising Requirement:
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Contract/P.O. Required:
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Sponsor Name:
Councilman David
Williams Jr.
Department:
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
EXTENDING THE EXISTING MORATORIUM ON THE SUBMISSION, PROCESSING AND
ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF USE, BUSINESS TAX RECEIPTS
AND ALL OTHER APPLICATIONS AND PERMITS FOR THE OPERATION OF MEDICAL
MARIJUANA DISPENSING FACILITIES AND MEDICAL MARIJUANA DISPENSING
ORGANIZATIONS FOR AN ADDITIONAL 180-DAY PERIOD; PROVIDING FOR EXCEPTIONS;
PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR
PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
Background
On January 11, 2017 the City Council of the City of Miami Gardens adopted Ordinance No.
2017-1-365, in response to Amendment 2 of the Florida Constitution, legalizing medical
marijuana. As Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing
Organizations are new and unique uses which are not currently addressed by the City's Land
Medical Marijuana 18605 N W 27th Avenue
Miami Gardens, Florida 33056
Development Regulations or Code of Ordinances, the Ordinance called for a temporary
moratorium on acceptance of applications permitting new Medical Marijuana Dispensing
Facilities or Medical Marijuana Dispensing Organizations for a period of 180-days. This would
have allowed the City time to review and study this unique use, and determine the scope of
measures for implementing any regulations.
Current Situation
On June 9, 2017, the Florida Senate passed Senate Bill 8A and Senate Bill 6A, which allows
local governments to regulate the location of dispensing facilities and provides that a local
government may ban dispensaries within its borders. The proposed legislation also provides
that if a local government permits dispensing facilities, it may not impose limits on the number of
dispensing facilities. On June 23, 2017, the proposed legislation was approved by the
Governor.
Councilman David Williams, Jr., is recommending a 180-day extension of the temporary
moratorium on the acceptance of applications for, the processing of, and the issuance of
development permits, development orders or any other official action of the City of Miami
Gardens permitting or having the effect of permitting new Medical Marijuana Dispensing
Facilities and Medical Marijuana Dispensing Organizations. This will allow the City the
additional time needed to review, study, hold public hearings, and prepare and adopt
amendment(s) to the Land Development Regulations and/or Code of Ordinances which do not
conflict with State law or Department rule at such time as those rules or laws are enacted by the
State legislature per Section 381.986(8)(b), Florida Statutes.
During this 180-day extension period, the City will not take any action on any application for
certificate of use, business tax receipts, development permits, issue any development order, or
take other official action, which would have the effect of allowing, or permitting the development
of Medical Marijuana Dispensing Facilities or Medical Marijuana Dispensing Organizations,
except as provided in this Ordinance.
Proposed Action:
That the City Council approves the proposed Ordinance.
Attachment:
Exhibit “A”- Previous Ordinance No. 2017-1-365