HomeMy WebLinkAbout2019-002-404 Extending Existing Moratorium On The Submission, Processing and Issuance for the Operation of Medical Marjuana Dispensing Facilities ORDINANCE NO. 2019-002-404
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.
WHEREAS, 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, which legalized medical marijuana, as approved by Florida voters on
November 8, 2016, and
WHEREAS, 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 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 one hundred and eighty (180) days, and
WHEREAS, on July 26, 2017, the City adopted Ordinance No. 2017-09-373,
extending this moratorium for an additional one hundred and eighty (180) day period, and
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Ordinance No. 2019-002-404
WHEREAS, on October 11, 2017, Staff held a workshop where initial findings were
presented, and
WHEREAS, subsequent to the workshop, two (2) additional one hundred and
eighty (180) day extensions of the temporary moratorium were granted on January 24,
2018, and July 25, 2018, respectively, to allow staff to continue studying this evolving
issue, and
WHEREAS, the current moratorium expires on January 21, 2019, and
WHEREAS, staff is recommending that the temporary moratorium be extended for
an additional one hundred and eighty (180) day period to allow staff additional time
needed to 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, as those
rules or laws are enacted by the State legislature per Section 381.986(8)(b), Florida
Statutes, and
WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and
Chapter 166 of the Florida Statutes, the City of Miami Gardens is authorized and required
to protect the public health, safety and welfare of its citizens and has the power and
authority to enact regulations for valid governmental purposes that are not inconsistent
with general or special law, and
WHEREAS, the moratorium was extended for another one hundred eighty (180)
day period on July 8, 2019, to allow the City to continue to study this issue, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
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Ordinance No. 2019-002-404
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby made
a specific part of this Ordinance.
Section 2. EXTENSION OF MORATORIUM: The moratorium approved in
accordance with Ordinance No. 2017-1-365 on the submission, processing and issuance
of development permits, certificates of use, business tax receipts and all other
applications and permits for the operations of medical marijuana dispensing facilities and
medical marijuana dispensing organizations for a one hundred and eighty (180) period
shall be extended for one hundred and eighty (180) additional days. During this one
hundred and eighty (180) day 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. In the event
the State preempts local regulations, then State law will take precedence.
Section 3: ZONING IN PROGRESS: The City Council hereby declares zoning
in progress as it relates to the processing of any applications and permits relating to Medical
Marijuana Dispensing Facilities and Medical Marijuana Dispensing Organizations. All
affected property and business owners are placed on notice with respect to these pending
regulations and the actions being taken by the City.
Section 4. CONFLICT: All ordinances or Code provisions in conflict herewith
are hereby repealed.
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Ordinance No. 2019-002-404
Section 5. SEVERABILITY: If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 9th DAY OF JANUARY, 2019.
PASSED ON SECOND READING ON THE 23RD DAY OF JANUARY, 2019.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE 23RD DAY OF JANUARY, 2019.
OLIVER GILBERT, III, MAYOR
ATTEST:
MARIO BATAILLE,CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
SPONSORED BY: CAMERON D. BENSON. CITY MANAGER
Moved by: Councilman Williams
Second by: Councilwoman Odom
VOTE: 6-0
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Ordinance No. 2019-002-404
Mayor Oliver Gilbert, III (Yes) (No) (absent)
Vice Mayor Rodney Harris X (Yes) (No)
Councilman Erhabor Ighodaro, Ph.D. X (Yes) (No)
Councilman Reggie Leon X (Yes) (No)
Councilwoman Lillie Q. Odom X (Yes) (No)
Councilman David Williams Jr X (Yes) (No)
Councilwoman Katrina Wilson X (Yes) (No)
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Ordinance No. 2019-002-404