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17-007 1 ORDINANCE 17-007 2 3 AN ORDINANCE OF THE CITY- OF BOYNTON BEACH, FLORIDA 4 ESTABLISHING AND IMPOSING A TEMPORARY MORATORIUM 5 ON THE DISPENSING OF MEDICAL CANNABIS; PROVIDING FOR 6 THE MORATORIUM TO EXTEND TO ALL ' 'LICATIONS FOR 7 DEVELOPMENT ORDERS AND DEVELO' ENT PERMITS TO 8 ALLOW AN OPPORTUNITY FOR THE C TO DEVELOP GOALS, 9 OBJECTIVES AND POLICIES OF TH CITY'S COMPREHENSIVE 10 PLAN AND AMENDMENTS TO THE P TY'S LAND DEVELOPMENT 11 REGULATIONS REL` TING.TO TH' DEVELOPMENT OF DESIGN 12 STANDARDS AND INitt TTERS P 'TAINING TO DISPENSING OF 13 MEDICAL CANNABIS; PROVI► NG FOR POSSIBLE EXTENSION 14 OF MORATORIUM; ' OV DING FOR NON-CODIFICATION, 15 CONFLICTS, SEVERABIL AND AN EFFECTIVE DATE. 16 17 WHEREAS, in 2014, the loris. Legislature passed the Compassionate Medical 18 Cannabis Act, which is codifi-d as Section 81.986, Florida Statutes, which legalized the 19 cultivation, processing, a•d dispensing of c:rtain "Low-THC Cannabis" to "qualified 20 patients" as defined by t e Act; and 21 WHEREAS, n 2016, the Florida Legislatu e amended Section 381.986, Florida 22 Statutes, by modi ing the definition of a "qualified •atient" and added multiple new 23 regulations to the tatutory scheme of regulation; and 24 WHE' r AS, in November, 2016, the citizens of orida voted to adopt an 25 amendment ( mendment 2) to the Constitution of the State of Fl. ida which substantially 26 broadens ace;ss to medical cannabis and defines Medical Marijuana Treatment Center as: 27 "Medical Marijuana Treatment Center" (MMTC) means an entity that 28 acquires, cultivates, possesses, processes (including development of related 29 products such as food, tinctures, aerosols, oils, or ointments), transfers, 30 transports, sells, distributes, dispenses, or administers marijuana, products 31 containing marijuana, related supplies, or educational materials to qualifying 32 patients or their caregivers and is registered by the Department. 33 34 and; 35 (00172446.1 306-9001821) 1 I Page 36 WHEREAS, potential adverse impacts on the health, safety, morals and welfare of 37 residents and business from secondary effects associated with the distribution of cannabis 38 exist, which include: offensive odors, trespassing, robberies, theft, fire hazards, increased 39 crime, nuisance problems in and about cannabis dispensing businesses and nearby businesses 40 and places; and 41 WHEREAS, there is a need to balance the interest of the general public and potential 42 medical marijuana users by adopting health, safety and welfare regulations to avoid adverse 43 impacts on the City which may arise from the distribution of cannabis at medical cannabis 44 dispensing facilities to include, but not be limited to, medical marijuana treatment centers; and 45 WHEREAS, an effective regulatory system governing the dispensing of cannabis 46 will address potential adverse impacts to the public health, welfare, morals and safety 47 consistent with Florida law; and 48 WHEREAS, it is the intent of the City Commission of the City of Boynton Beach to 49 develop and enact reasonable restrictions intended to protect the public health, safety, morals 50 and welfare; and 51 WHEREAS, the City Commission of the City of Boynton Beach has determined that 52 it is in the public interest to adopt this Ordinance pursuant to the City's police powers land 53 development regulatory powers and Section 381.986, Florida Statutes, as well as other 54 applicable state laws and provisions of the Constitution of the State of Florida, all to protect 55 the health, safety, morals and welfare of the public; and 56 WHEREAS, the City Commission of the City of Boynton Beach finds the City 57 should put in place a temporary moratorium on dispensing medical cannabis facilities to 58 include, but not be limited to, medical marijuana treatment centers, in order to have adequate 59 time and to devote necessary resources to analyze whether changes to zoning and land {00172446.1 306-9001821) 2 I P a g e 60 development regulations as well as police power regulations should be enacted and in order to 61 ensure compliance with controlling State law such as the forthcoming Florida Department of 62 Health regulations; and 63 WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the City 64 of Boynton Beach as set forth at Article VIII, Section 2, of the Constitution of the State of 65 Florida; Chapter 166,Florida Statutes, and other applicable controlling law. 66 NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF 67 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 68 69 Section 1. LEGISLATIVE AND ADMINISTRATIVE FINDINGS AND INTENT. 70 71 (a). The City of Boynton Beach has complied with all requirements and procedures 72 of Florida law in processing and advertising this Ordinance. 73 (b). The foregoing recitals (whereas clauses) are hereby ratified, affirmed and 74 confirmed as being true and correct and are hereby made a part of this Ordinance. 75 Section 2. DEFINITIONS. 76 (1). The definitions set forth in Section 381.986, Florida Statutes, are applicable to 77 the provisions of this Ordinance. 78 (2). The definitions set forth in Amendment 2 to the Constitution of the State of 79 Florida, as approved by the electors of Florida at the November 8, 2016 General Election, are 80 applicable to the provisions of this Ordinance to include, but not be limited to the definition of 81 "medical marijuana treatment center". 82 Section 3. STUDY AND REVIEW PROCESS. 83 (a). During the temporary moratorium period, the City staff, including the 84 Development Department staff and the Chief of Police, are hereby directed to study 85 controlling State law regarding medical cannabis to include, but not be limited to, those {00172446.1 306-9001821} 3 I .P a g e 86 related to medical marijuana treatment centers, to determine the impact upon the health, 87 safety, morals and welfare of the residents and businesses of the City of Boynton Beach. 88 Additionally, City staff shall monitor the regulations adopted by the Florida Department of 89 Health, as they relate to medical cannabis, to ensure consistency with the code and ordinances 90 of the City and to develop land development and police power regulations to address potential 91 impacts upon the City and its citizens. 92 (b). The essential purpose of such a review and study by the City staff is to develop 93 and propose to the City Commission amendments to the City's codes and ordinances as may 94 be necessary and appropriate to protect the City and its citizens from potential adverse effects 95 and impacts relating to medical cannabis. 96 Section 4. IMPOSITION OF TEMPORARY MORATORIUM. 97 (a). All activity relating to the acceptance, review and action upon development 98 applications of any nature relating to dispensing medical cannabis, to include, but not be 99 limited to, medical marijuana treatment centers, is temporarily suspended in order for the City 100 to have the time and opportunity necessary to complete design and development standards, 101 land use compatibility requirements, approval processes and procedures, and any and all other 102 planning and land use matters and all other activities related to the dispensing of medical 103 cannabis within the City to include, as may be necessary and appropriate, but not to limited to, 104 amendment of the City's Comprehensive Plan and Land Development Regulations as well as 105 the police power codes and ordinances of the City. Until the effective date of an ordinance 106 establishing a new or amended land development regulations or police power codes and 107 ordinances concerning dispensing medical cannabis, under any scenario, or until one hundred 108 and eighty (180) days from the effective date of this Ordinance, whichever date is earlier, no 109 permits shall be issued to allow the dispensing of medical cannabis to include, but not be (00172446.1 306-9001821) Wage 110 limited to, medical marijuana treatment centers. Furthermore, in the event that any application 111 for the dispensing of medical cannabis or related activities to include, but not be limited to, 112 medical marijuana treatment centers filed prior to February 21, 2017, which is the date the 113 City Commission directed preparation of this ordinance and therefore marks the start of 114 zoning in progress, such applications shall be abated, and no new applications for such 115 permits or activities shall be accepted or processed during the moratorium period or until one 116 hundred and eighty (180) days from the effective date of this Ordinance, whichever date is 117 earlier, no permits shall be issued to allow the dispensing of medical cannabis. Furthermore, 118 in the event that any application for the dispensing of medical cannabis or related activities 119 may be pending, such applications shall be abated, and no new applications for such permits 120 or activities shall be accepted or processed during the moratorium period. 121 (b). Based upon the legislative findings, purpose, and intent set forth herein, there 122 is hereby imposed a temporary moratorium on all the dispensing of medical cannabis within 123 the City Limits of the City to include, but not be limited to, actions relating to medical 124 marijuana treatment centers. 125 (c). During the time that the moratorium imposed by this Ordinance is in effect, no 126 applications for development approval or any similar activities will be accepted with regard to 127 the dispensing of medical cannabis to include, but not be limited to, medical marijuana 128 treatment centers, within the City Limits of the City. 129 Section 5. GEOGRAPHIC AREA COVERED. 130 This Ordinance applies to all areas within the City Limits of the City of Boynton 131 Beach. 132 133 Section 6. DEVELOPMENT SUBJECT TO MORATORIUM. (00172446.1 306-9001821) 5 I .P a ge 134 (a). The moratorium imposed by the provisions of the Ordinance includes all land 135 use applications for development approval relating to the dispensing of medical cannabis to 136 include, but not be limited to, medical marijuana treatment centers. 137 (b). If a property owner or owners asserts that a development application proposed 138 by the property owner or owners is not subject to the moratorium imposed by the provisions 139 of the Ordinance, the provisions of the City's Land Development Regulations relating to 140 administrative interpretations shall apply. 141 Section 7. DURATION OF MORATORIUM. 142 (a). The temporary moratorium established by this Ordinance shall take effect 143 immediately upon the effective date of this Ordinance and shall terminate one hundred and 144 eighty (180) days after the said effective date. 145 (b). No applications for development approvals subject to the moratorium will be 146 accepted by the City until the moratorium has expired. 147 (c). The temporary moratorium set forth in this Ordinance shall expire prior to the 148 termination date set forth herein if the City Commission adopts amendments to the City's 149 Land Development Regulations that protect the health, safety, morals and welfare of the 150 residents of the City of Boynton Beach relating to the regulation of the dispensing of medical 151 cannabis to include, but not be limited to, medical marijuanatreatment centers. 152 Section 8. TIME EXTENSION OF MORATORIUM. 153 The City Commission may extend the moratorium set forth in this Ordinance by the 154 adoption of a resolution, but only one (1) time, and only for a period not to exceed one 155 hundred and eighty (180) days upon a legislative finding being made by the City Commission 156 and set forth in the resolution that the regulatory and planning issues giving rise to the need 157 for the moratorium imposed by this Ordinance still exist and that reasonable progress is being {00172446.1 306-9001821) 6 I P a g e 158 made in carrying out a specific and prompt plan of regulatory action, but that additional time 159 is needed to adequately address the land use issues facing the City and police power issues 160 facing the City. 161 Section 9. ADMINISTRATIVE/QUASI-JUDICIAL REVIEW PROCEDURES. 162 (a). The owner or owners of real property or his, her, its or their expressly 163 authorized agent may request a determination of vested rights by paying the application fee 164 therefor and filing a technically complete application with the Development Director or 165 designee. 166 (b). The application form shall, at a minimum, contain the following information: 167 (1). The name and address of the applicant who shall be the owner or all 168 owners of the subject parcel of real property or a person expressly authorized to apply on 169 behalf of the property owner or owners. 170 (2). A legal description, current tax parcel identification number and survey 171 or a sketch of the real property which is the subject of the application. 172 (3). The name and address of each owner or the real property. 173 (4). A site or development plan or plat for the real property. 174 (5). Identification by specific reference to any ordinance, resolution or other 175 action of the City or failure to act by the City, upon which the applicant relied and which the 176 applicant believes supports the applicant's position. 177 (6). A statement of fact which the applicant intends to prove in support of 178 the application that vested rights exist. The application shall fully articulate the legal basis for 179 being allowed to proceed with development relating to the dispensing of medical cannabis 180 notwithstanding the moratorium imposed in this Ordinance. (00172446.1 306-9001821) 7 I P a g e 181 (7). Such other relevant information that the Development Director, or 182 designee, may request or the applicant may desire to have initially considered. 183 (c). The application shall provide a sworn statement to be executed by all owners 184 of the real property or an authorized agent that all information set forth on the application is 185 true and correct. 186 (d). The Development Director or designee, shall screen each application for a 187 vested rights determination to determine whether the application is technically complete. The 188 sufficiency determination shall be made within fourteen (14) calendar days after receipt of an 189 application. If not technically complete, the application shall be promptly returned to the 190 applicant. A technically incomplete application shall be returned to the applicant with written 191 notification of the deficient items not provided as required by this Ordinance and the applicant 192 shall be granted fourteen (14) additional calendar days to complete this application. If a 193 response is not submitted to the Development Director or designee, within the time specified 194 the application shall be deemed abandoned. 195 (e). Upon the Development Director or designee, accepting a technically complete 196 application, for which the application fee has been submitted, the City Commission shall 197 review the application and hold a public hearing and make a final determination within 198 twenty-one (21) calendar days as to whether or not it has been clearly and convincingly 199 demonstrated that the real property subject to the application has vested status. Within seven 200 (7) calendar days after making a final determination of vested rights status, the City 201 Commission shall provide the applicant with written notification of the determination of 202 vested rights status. If the City Commission determines that vested rights exist and that 203 development may proceed, the applicant shall have the right to rely upon such written 204 notification that the real property is vested and the determination that the real property is {00172446.1 306-9001821) 8 I P a g e 205 vested shall be final and not subject to appeal, revocation or modification. Thereupon, permits 206 for the dispensing of medical cannabis cannabis to include, but not be limited to, medical 207 marijuana treatment centers, may be granted notwithstanding the moratorium established in 208 this Ordinance. 209 (f). At the hearing, the applicant shall present all of its, their, his or her evidence in 210 support of the application. The technical rules of evidence in judicial proceedings shall not be 211 applicable, but all testimony given shall be under oath. 212 (g). The City Commission's decision to grant or determine vested rights status 213 shall be final subject, however, to appeal in accordance with State law. 214 (h). Decisions made by the City Commission pursuant to this Ordinance may be 215 appealed by the real property owner or owners to the Circuit Court in and for Palm Beach 216 County, Florida. 217 Section 10. IMPLEMENTING ADMINISTRATIVE ACTIONS. 218 219 (a). The City Manager is hereby authorized and directed to implement the 220 provisions of this Ordinance by the promulgation of rules and the development and usage of 221 forms and processes all as may be deemed necessary or appropriate by the City Manager. 222 (b). The City Manager and City Attorney are also hereby authorized and directed to 223 generally implement the provisions of this Ordinance and to take any and all necessary 224 administrative actions to bring into effect the provisions of this Ordinance in accordance with 225 controlling law as such officers may deem appropriate in their respective roles and functions 226 under the City of Boynton Beach City Charter. 227 Section 11. SAVINGS. 228 The prior actions of the City of Boynton Beach in terms of the matters relating to the 229 regulation of illegal drugs, to include, but not be limited to, marijuana, as well as any and all (00172446.1 306-9001821) 9 I P a g e 230 related matters, are hereby ratified and affirmed. 231 Section 12. CONFLICTS. 232 233 All ordinances or parts thereof in conflict with this Ordinance are hereby repealed to 234 the extent of such conflict. 235 Section 13. SEVERABILITY: 236 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or 237 application hereof, is for any reason held invalid or unconstitutional by any court of 238 competent jurisdiction, such portion or application shall be deemed a separate, distinct, and 239 independent provision and such holding shall not affect the validity of the remaining portions 240 thereof. 241 Section 14. EFFECTIVE DATE. 242 This Ordinance shall take effect immediately upon enactment. 243 PASSED AND ADOPTED this 74` day of Stideee.1eC , 2017. 244 CITY OF BOYNTON BEACH, FLORIDA 245 246 YES NO 247 248 Mayor—Steven B. Grant 249 250 Vice Mayor—Mack McCray 251 252 Commissioner—Justin Katz 253 254 Commissioner—Christina L. Romelus 255 256 Commissioner—Joe Casello 257 258 VOTE 259 ATTEST: 260 261 262 263 Judith A. Pyle, CMC 264 City Clerk (00172446.1 306.9001821) 10 I P a g e