HomeMy Public PortalAbout2018-41 Declaring Zoning in Progress regarding Regulate Medical Marijuana FacilitiesRESOLUTION NO. 2OI8.4I
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, DECLARING
ZONING IN PROGRESS FOR PREPARATION OF
AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS TO PROHIBIT OR REGULATE
MEDICAL MARIJUANA FACILITIES; PROVIDING FOR
TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, Marijuana (Cannabis) is a Schedule I drug under the federal Controlled
Substances Act,2l U.S.C. $811; and
WHEREAS, notwithstanding federal law, the 2014 Florida Legislature approved Senate
Bill 1030 providing forthe growing, processing, and distributing of specific forms of low-THC
(non-euphoric) Cannabis to qualified patients and their caregivers for the treatment of listed
medical conditions, which became effective on June 16, 2014 as Chapter 2014-157, Laws of
Florida, and is codified at Section 381.986, Florida Statutes ("Senate Bill 1030"); and
WHEREAS, in November 2016 the Florida voters approved a ballot initiative amending
the Florida Constitution to allow for broader sale and use of marijuana for medical purposes
within the State of Florida; and
WHEREAS, to implement the Constitutional provisions for medical marijuana the state
legislature adopted Senate Bill 8A during its 2017 Special Session which provides a framework
for local government regulation of medical marijuana dispensaries, allowing a local government
to either ban medical marijuana dispensaries or to regulate them similar to pharmacies; and
WHEREAS, Senate Bill 8A was signed by the Governor on June 23,2017; and
WHEREAS, the Village Council desires to evaluate the options permitted by statute, to
either prohibit medical marijuana dispensaries or to regulate them similar to pharmacies and to
undertake revisions to its Village Code consistent with Florida Law; and
\ryHEREAS, the Village is concerned that the acceptance, processing and approval of
applications for the location of Medical Marijuana uses would be premature and result in
development inconsistent with the Village's development goals, regulatory framework and state
law; and
\üHEREAS, pending the adoption of the amended regulations, the Village desires to
invoke the zoning in progress or pending ordinance doctrine as referenced in Smith v. City of
Clearwater, 383 So.2d 681 (Fla. 2nd DCA 1980), with respect to the Village's Code of
Ordinances, thereby defening the acceptance, processing and approval of all applications and
permits identified above for Medical Marijuana uses for a period of 180 days, or until the Village
Council adopts on second reading, the amendments under review and such amendments become
effective, whichever occurs earlier, except as provided in this Resolution; and
WHEREAS' the Village Council finds that this Resolution is necessary for the
preservation of the environment, public health, safety and welfare of the Village's residents and
visitors.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1.. Recitals Adopted. That each of the recitals stated above is hereby
adopted and confirmed.
Section 2. The Village Council adopts this Resolution and invokes the zoning in
progress or pending ordinance doctrine with respect to the Village's Code of Ordinances, thereby
deferring the acceptance, processing and approval of all applications not filed as of the effective
date of this Resolution for the location of Medical Marijuana Dispensaries.
Section 3. This defenal shall last for 180 days, or until the Village Council adopts on
second reading the amendments under review and such amendments become effective,
whichever occurs earlier, except as provided below.
Section 4.Applicants claiming infringement with vested or constitutional rights, or
other justification, may request relief from this Resolution through written request to and
decision by the Village Manager, where the Village Manager may grant relief only upon findings
based on competent substantial evidence that such infringement will in fact occur, or has in fact
occurred, or other justification suggesting relief therefrom, and the public health, safety and
welfare are not adversely impacted by allowing such applications to be accepted and processed.
Such request shall be an administrative remedy and condition precedent to all judicial relief
sought arising from this Resolution. Appeals from decisions of the Village Manager shall be
processed pursuant to Section 30-70.- Appeal of an Administrative Decision, of the Village
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Code. The Village shall retain complete administrative, quasi-judicial or legislative discretion in
whether to approve or deny any application so filed.
Section 5. The appropriate Village offrcials are authorized to take any necessary
action to effectuate the intent of this Resolution.
Section 6. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED and ADOPTED this 25rh day of June, 2018.
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MAYRA A Y
CMC
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
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VILLAGE ATTORNEY
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