R14-102 1
1 RESOLUTION NO. R14 -102
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AUTHORIZING ISSUANCE OF A "NOTICE OF INTENT" TO
s ADDRESS UNKNOWN IMPACT OF PRODUCTION AND
6 DISTRIBUTION OF MEDICAL MARIJUANA; AND PROVIDING AN
; EFFECTIVE DATE.
9 WHEREAS, Ordinance 00 -53 authorizes temporary moratoriums to allow the City staff
1d ; and City consultants to study the need for modifications to City development regulations in
11) response to trends on development or redevelopment in the City; and
1 2 � WHEREAS, the State Legislature adopted Laws of Florida 2014 -157 creating a ststutoryy
11 "compassionate use of low -THC cannibus" law which was effective June 16, 2014 but actua
1 z I implementation does not occur until January 1, 2015; and
1
1 ! WHEREAS, the impact on Florida municipalities is the subject of a wide debate as they
11
1 E 1 Florida Administrative Code Rules for regulating businesses which produce or distribute medica
1 1 marijuana is in the formation process and local City issues regarding zoning, Business Tax
1 , I Receipt and Certificates of Use are under review by City Administrative Staff; and
19 I WHEREAS, the proposed Notice of Intent will operate as a moratorium until such tim
I
2d as staffs study is completed and the City's Land Development Regulations and other regulator
t
2 controls are finalized; and 1
2. 1 WHEREAS, the Commission deems it timely and in the best interest of the City and it
2 residents to undertake review and revision of the zoning regulations, Business Tax Receipts an
24 Certificates of Use as they relate to the location, use and operation of the production o
I
2 • distribution of medical marijuana; and
2 WHEREAS, the Commission has authority to initiate the review process by resolution
2 and issuance of a Notice of Intent; and
2 WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a
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1 formal announcement of zoning in progress and a moratorium on the operation of any business
2 which produces or distributes medical marijuana; and
3 WHEREAS, this Notice of Intent will be in effect from the date of adoption and
4i thereafter for a period of 365 days following the date of adoption unless otherwise extended by
51 the City Commission by subsequent Resolution following public hearing; and
61 WHEREAS, the Commission intends that this Resolution constitute zoning in progress
,
711 and the commencement of a temporary moratorium as a means of abating in all zoning districts
811 during the study period: All new applications to rezone land or amend a master plan to operate a
9 business which produces or distributes medical marijuana; all new conditional use applications
10 for businesses which produce or distribute medical marijuana; and all new applications for
11 building permits, business tax receipts or certificates of use involving businesses which produce
12 or distribute medical marijuana during the 365 day study period herein described; and
13 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and
14 Chapter 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to
15 protect the public health, safety and welfare of its citizens and has the power and authority to
16 enact regulations for valid governmental purposes that are not inconsistent with general or
}
17 special law; and
18 WHEREAS, the public health, safety and welfare is a legitimate public purpose
19 recognized by the courts of Florida.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
21 CITY OF BOYNTON BEACH, FLORIDA, THAT:
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22 Section 1. The City Commission of the City of Boynton Beach, Florida does hereby
23 issue the Notice of Intent attached hereto as Exhibit "A ". j
24 Section 2. That this Resolution shall become effective in all zoning districts city-
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1 wide immediately upon passage.
2 Section 3. The Notice of Intent shall be posted and copies provided as required by
3. Ordinance 00 -053.
4 Section 4. No application for a development activity, permit, or Business Taxt
5. Receipt, that is defined within the scope of the study shall be accepted or processed by the City,1
6 following the date of adoption of this Resolution during the study period.
Section 5. The City Commission requests that the City Administration address in its
study the following issues:
1
9f i There are no specific regulations that have been identified for amendment. The study is
1 d intended to identify regulations that, if amended, would enhance economic development without]
ti j having a detrimental impact on businesses which produce or distribute medical marijuana thall
121 wish to locate and operate in the City.
13! PASSED AND ADOPTED this 7 day of October, 2014.
141
1 CITY OF BOYNTO N BEACH FLORIDA
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21 \ I ayor — Joe Casello
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2: ATTEST:
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31 Commissioner — Michae F'tatri k
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3 �.. MC
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34 (I •o eal)
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1
Pitt-toa
E xh i 6 i -E A
NOTICE OF INTENT TO ADOPT PENDING AMENDMENTS
TO LAND DEVELOPMENT REGULATIONS
Production and distribution of medical marijuana
NOI 2014 -01
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this Notice of Intent is to declare, in anticipation of amendments to the
Comprehensive Plan, the Official Zoning Map and the Land Development Regulations, a study
period to implement initiatives of the City's Economic Development Program that include:
A. The evaluation of the Official zoning Map and Use Regulations for evaluation of existing
zoning provisions, fiscal impact, and locational options for businesses which produce or
distribute medical marijuana.
B. The development and consideration of Comprehensive Plan and Economic Development
Program policies that guide the review and actions involving land use
amendments /rezoning, and other development applications.
C. This Notice of Intent constitutes the commencement of zoning in progress and a
moratorium on the operation of any business which produces or distributes medical
marijuana.
AFFECTED AREA: All zoning districts
GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS (LDR)
A. The addition or deletion of permitted, conditional or prohibited uses all zoning districts;
B. The addition of development standards to ensure compatibility between commercial,
industrial and institutional uses, and residential and mixed uses; and
C. Adoption of application processes or operational policies or review criteria applicable to
the review of development applications intended to maximize contribution to the City's
fiscal or economic growth.
AFFECT ON DEVELOPMENT IF REGULATION ADOPTED
There are no specific regulations that have been identified for amendment. The study is intended
to identify regulations that, if amended, would enhance economic development without having a
detrimental impact on businesses which produce or distribute medical marijuana that wish to
locate and operate in the City.
EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE
THE SUBJECT OF THE STUDY AND MAY BE AMENDED
Land Development Regulations
Chapter 2. Land Development Process, and
Chapter 3. Zoning.
Code of Ordinances
Chapter 13 Licenses and
Chapter 13, Certificates of Use (Ord. 14 -018)
PROJECTED TIME FRAME FOR STUDY
Three Hundred and Sixty Five Days (365) days from the date of approval of this Notice by the
City Commission.
The planning study including formulation of recommendations is estimated to take 12 months. If
additional time is required to complete the study due to the scope or magnitude of the regulatory
changes, a request for extension may be requested by the Development Department. The City
Commission, following public hearing on the request for extension may extend this Notice of
Intent for an additional period of time as specified by the City Commission at the time of
extension.
STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING
REGULATION WOULD AFFECT
Effective on adoption of this Notice, all the following applications shall be abated in all zoning
districts during the study period:
A. All new applications to rezone land or amend a master plan to operate a businesses which
produces or distributes medical marijuana;
B. All new conditional use applications for businesses which produce or distribute medical
marijuana; and
C. All new applications for building permits, business tax receipts or certificates of use
involving businesses which produce or distribute medical marijuana.
This Notice of Intent shall only apply to said complete applications accepted by the City after the
Notice of Intent is executed.
ADDITIONAL NOTICE
1. The Notice of Intent shall be posted in the Development Department and in the notice
case located at the main entrance to City Hall.
2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce.
3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants
who may be potentially affected by the pending study and regulatory changes. This
notice shall be provided to those individuals by mail, facsimile, electronic mail or in
person. Comments including written objections to the Notice of Intent, shall be accepted
by the Development Department Director from recipients of this notice.
SAVINGS PROVISION
Neither the failure by the City Clerk to provide notice as set forth in this section nor the lack of
awareness of any potentially affected applicant shall not invalidate the applicability of this
notice.
PUBLIC HEARING ANNOUNCED:
The City Commission will conduct a public hearing on this Notice of Intent at the October 21,
2014 City Commission meeting. Following public hearing the Commission will take such action
as necessary to approve or disapprove the proposed study regarding the land use, zoning and
other regulations concerning businesses that produce or distribute medical marijuana.
Dated: October 7, 2014
Adopted by Resolution R14- ID& of the City Commission of the City of Boynton Beach, Florida
the 7th day of October, 2014.
BY:
OP" lit- . _ .
O' ice of the City Clerk
G \ •Y 0
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