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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 \ \apps3 cdy cbb\ auto \Data\222\ Items \213\ 3145\ 41 58 \Reso- NOIMedical_Marijuana doc 1 1 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: { 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- \\apps3 city cbb\ auto \Data\222 \Items \213 \3145\ 4158 \Reso_- _NOI_Medical_Marijuana doc 2 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 -y M t— Jerrp l a to �y , ay lo 21 ■ . 21 \ I ayor — Joe Casello 2. 23 %L fit 24 Commissie . - - 'avid ► 2 ` .+i� 2 • - ssio — M. .1( W 2: ATTEST: 2' 1(� i 31 Commissioner — Michae F'tatri k 31 ' 3 �.. MC 3 I� • r 34 (I •o eal) \ \a ity cb. uto\Data\2 � ms \213 \3145 \4158 \Reso - _NO1_Medical_Marquana doc 3 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 0 v T0N