File #: ORD 2018-004    Name: CH 13 Medical Marijuana Permitted Uses
Type: Ordinance Status: Passed
File created: 12/19/2017 In control: City Commission
On agenda: 1/25/2018 Final action: 1/25/2018
Title: AN ORDINANCE AMENDING CHAPTER 13, "LAND DEVELOPMENT CODE," ARTICLE III, "ZONING REGULATIONS," DIVISION 8, "MASTER BUSINESS LIST," SECTIONS 13-621, "MASTER BUSINESS LIST - B-2, B-3, AND B-4," 13-623, "MASTER BUSINESS LIST - O-2, O-3," AND 13-625, "MASTER BUSINESS LIST - MSOA," TO PROVIDE FOR "MEDICAL MARIJUANA DISPENSARY" USES AS A SPECIAL LAND USE AMONG THE USES LISTED. (SECOND PUBLIC HEARING)
Indexes: Chapter 13, Land Development Code, MARIJUANA, Master Business List, Ordinance
Code sections: Section 13-623 - Master Business List-O-2, O-3, Section 13-625 - Master Business List-MSOA, Secton 13-621 - Master Business List-B-2, B-3, B-4
Attachments: 1. ORDINANCE 2018-004-Medical Marijuana Permitted Uses, 2. MINUTES-2017-1213 PZ Mtg
AGENDA ITEM REPORT
TITLE:
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AN ORDINANCE AMENDING CHAPTER 13, "LAND DEVELOPMENT CODE," ARTICLE III, "ZONING REGULATIONS," DIVISION 8, "MASTER BUSINESS LIST," SECTIONS 13-621, "MASTER BUSINESS LIST - B-2, B-3, AND B-4," 13-623, "MASTER BUSINESS LIST - O-2, O-3," AND 13-625, "MASTER BUSINESS LIST - MSOA," TO PROVIDE FOR "MEDICAL MARIJUANA DISPENSARY" USES AS A SPECIAL LAND USE AMONG THE USES LISTED. (SECOND PUBLIC HEARING)

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BACKGROUND:
This item was approved on First Reading at the January 11, 2018, City Commission Meeting.
In November of 2016, voters in the State of Florida approved an amendment to the Florida Constitution, titled "Use of Marijuana for Debilitating Medical Conditions," commonly referred to as Amendment 2. As approved, this amendment further legalizes the use of marijuana for medical purposes throughout the State for those individuals with specified "debilitating" conditions. The amendment also authorized the cultivation, processing, distribution, and sale of marijuana and related activities by licensed "Medical Marijuana Treatment Centers." In an effort to be proactive in the City's approach to addressing this issue, the City Commission approved comprehensive regulations for all Medical Marijuana Treatment Centers on April 13, 2017.
DISCUSSION:
Since the approval of these regulations, state legislation was passed that provided that Medical Marijuana Dispensaries must be treated the same as pharmacies. This new legislations has made it necessary to prepare amendments to Sections 13-621, 13-623, 13-625 "Master Business List" of the City's Code of Ordinances so that our regulations are consistent with the state's regulations. This Ordinance addresses the necessary amendments within the "Master Business List" to specifically reference and distinguish the use, "Medical Marijuana Dispensary," as a special land use, in the Commercial and Office Zoning Districts, as well as the Medical Services Overlay Area (MSOA).
RECOMMENDATION:
The ...

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