HomeMy WebLinkAbout1367-18 Medical Marijuana Treatment Center Dispensing Facilities (Cannabis Dispensing Amended)INSTR# 2018124238 OR BK 9761 PG 1278 Page 1 of 3
07/24/2018 11:36 AM Rcpt: 1976365 Rec: 27.00 DS: 0.00 IT: 0.00
Paula S. O'Ned, Ph.D., Pasco County Clerk & Com_ptroCler
ORDINANCE NO. 1367-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA, AMENDED THE LAND DEVELOPMENT
CODE TO ACCOUNT FOR MEDICAL MARIJUANA TREATMENT
CENTER DISPENSING FACILITIES; ADOPTING FINDINGS OF FACT;
PROVIDING DEFINITIONS AND CREATING SECTION 2.02.08 OF THE
LAND DEVELOPMENT CODE ; PROVIDING FOR, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of
Florida, and section 166.021 (1), Florida Statutes, the City of Zephyrhills, Florida (the "City"), a
municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary to
conduct municipal government, perform municipal functions, and render municipal services, and
may exercise any power for municipal purposes, except as expressly prohibited by law; and
WHEREAS, as provided in section 166.021(3), Florida Statutes, the governing body of
each municipality in the state has the power to enact legislation concerning any subject matter
upon which the state legislature may act, except when expressly prohibited by law; and
WHEREAS, on June 16, 2014, Governor Rick Scott approved CS/CS/SB 1030 creating
the Compassionate Medical Cannabis Act of 2014 (Chapter 2014-157, Laws of Florida; codified
at section 381.986, Florida Statutes; hereinafter referred to as the "Compassionate Use Act"); and
WHEREAS, the Compassionate Use Act legalized the cultivation, production, and
dispensing of a low -THC derivative product of marijuana for "qualified patients"; and
WHEREAS, under the Compassionate Use Act, "qualified patients" are patients suffering
from cancer or a physical medical condition that chronically produces symptoms of seizures or
severe and persistent muscle spasms (e.g., epilepsy or amyotrophic lateral sclerosis ("ALS")); and
WHEREAS, the Compassionate Use Act provides that physicians may only order low -
THC product for qualified patients if he or she finds that "no other satisfactory alternative
treatment option" is available; and
WHEREAS, the Compassionate Use Act is implemented by rule of the Florida
Department of Health (the "department") under Chapter 64-4, Florida Administrative Code (the
"compassionate use rules"); and
WHEREAS, on November 8, 2016, Florida voters approved to amend the Florida
Constitution to legalize the cultivation, production, and dispensing of medical cannabis for a
broader population of eligible patients; and
WHEREAS, Florida laws relating to the cultivation, production, and dispensing of
cannabis products are rapidly changing — raising substantial questions about whether cannabis -
related land uses, as a category of commercial use, may have deleterious and negative secondary
effects on surrounding land uses and communities; and
WHEREAS, the Florida Legislature enacted SB -8A during Special Session A in July 2017
to implement Section 29, Article X in the State of Florida Constitution and to create a unified
regulatory structure for the use of marijuana for medical purposes by persons with debilitating
diseases in the State of Florida; and
WHEREAS, SB -8A pre-empted local governments from regulation regarding cultivation,
processing and delivery of marijuana by medical marijuana treatment centers, except as otherwise
provided in SB -8A
WHEREAS, the City Council of the City of Zephyrhills has determined that it is in the
best interests of and would serve to promote and protect the public health, safety and welfare to
regulate the location of medical marijuana center dispensing facilities; and
Record and Return to:
City Clerk's Office 1
5335 8th Street
Zephyrhills, FL 33542
OR BK 9761 PG 1279 Page 2 & 3
WHEREAS, the City Council of the City of Zephyrhills has conducted duly noticed public
hearings as required by law, at which hearings all parties -in -interest and citizens were afforded
notice and the opportunity to be heard; and
WHEREAS, the City Council of the City of Zephyrhills hereby finds and declares that this
Ordinance is in the best interest of the public health, safety, and welfare, and that it advances a
valid and important public purpose.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Zephyrhills, Florida, as follows:
Section 1. Authority.
This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under the home
rule powers of the City.
Section 2. Legislative Findings of Fact.
The foregoing WHEREAS clauses are hereby adopted as legislative findings of the City
Council of the City of Zephyrhills and are ratified and confirmed as being true and correct and are
hereby made a specific part of this Ordinance upon adoption hereof.
Section 3. Definitions.
For the purposes of this ordinance, the following words, terms, and phrases, including their
respective derivatives, have the following meanings:
a. Medical Marijuana Treatment Center Dispensing Facility means the retail sales
component of a Medical Marijuana Treatment Center that has been licensed by the Florida
Department of Health Office of Medical Marijuana Use pursuant to Section 381.986,
Florida Statutes and is authorized by the State to dispense marijuana, but does not include
the cultivation, processing or distribution facilities of the Medical Marijuana Treatment
Center.
Section 4. Land Development Code Table 2.02.01 Allowable Uses in Zoning Districts.
The zoning districts that permit medical marijuana treatment center dispensing facilities as
permitted uses are outlined in the Land Development Code Table 2.02.01 as amended from time
to time.
Section 5. The City of Zephyrhills Land Development Code, Article II: Zoning Districts
and Allowed Uses is hereby amended to include the follow section:
Sec. 2.02.08 Retail pharmacies and medical marijuana treatment center dispensing
facilities:
a. Medical marijuana dispensing facilities shall be located, at a minimum, 500 feet from
any existing public or private elementary school, middle school, or secondary school.
Measurements shall be made from the nearest property line of the school to the nearest
property line of the medical marijuana dispensing facility. If the medical marijuana
dispensing facility is located in a multi -tenant building, the distance shall be measured
from the nearest property line of the school to the nearest area of the leasehold or other
space actually controlled or occupied by the medical marijuana dispensing facility
Section 6. Repealer.
Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict.
Section 8. Severability.
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OR BK 9761 PG 1 280 Page 3 & 3
It is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if
any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the
remainder of the ordinance shall be construed as not having continued the said section, subsection,
sentence, clause, or provision and shall not be affected by such holding.
Section 9. Inclusion into the Code.
It is the intent of the City Council that the provisions of this Ordinance shall become and
be made a part of the City of Zephyrhills code, and that the sections of this Ordinance may be
renumbered or re -lettered and the word "ordinance" may be changed to "section," "article,"
"regulation," or such other appropriate word or phrase in order to accomplish such intentions.
Section 10. Effective Date.
This Ordinance shall become effective upon passage on the second reading and signing by
the Mayor.
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The fore.Ordinance No. 1367-18 was read and passed on the first reading in an open
,4nd regular meeting -of the City Council of the City of Zephyrhills, Florida, on this 14th day of
May, 2018.
"Attest�2'l
= . torr L. HilliW", City Clerk 5Lance. ith ouncr ent
:The f6'fegoiirig40rdinance No. 1367-18 was passed on the second reading, following a
public hearing, in an open and regular meeting of the City Council of-ll��ity of Zephyrhills,
Flowworthfs,,bt'
to day of June, 2018.
4 k W
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Atl test:;
Lori L. Hillman, City Clerk L!> . Sn ith, Councr.
The foregoing Ordinance No
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1367-18 was approved by me this 1 It" day of June, 2018.
G4eield,o
Approved as to legal form and legal content
A/11
Matthew E. Maggar, , ity Attorney
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