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2019-002-404 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 Added language is underlined. Deleted language is stricken through. 1 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: Added language is underlined. Deleted language is stricken through. 2 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. Added language is underlined. Deleted language is stricken through. 3 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 Added language is underlined. Deleted language is stricken through. 4 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) Added language is underlined. Deleted language is stricken through. 5 Ordinance No. 2019-002-404