M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Rafael G. Casals, Town Manager
Date: September 27, 2017
Re: Zoning In Progress
REQUEST
title
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, DECLARING ZONING IN PROGRESS FOR PREPARATION OF AMENDMENTS TO THE TOWN OF CUTLER BAY LAND DEVELOPMENT REGULATIONS TO REGULATE OR TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES; PROVIDING FOR CONFLICTS, AND FURTHER PROVIDING FOR AN EFFECTIVE DATE.
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BACKGROUND AND ANALYSIS
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. 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. Senate Bill 8A was signed by the Governor on June 23, 2017.
The Town Land Development Regulations do not currently permit medical marijuana dispensaries. The Mayor and Town Council desire to amend the Town Land Development Regulations to regulate them similarly to pharmacies or to expressly prohibit medical marijuana dispensaries consistent with Florida Law. The Mayor and Town Council wish to amend the Land Development Regulations and pending the adoption of the amended regulations, the Town 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 Town's Code of Ordinances, thereby deferring the acceptance, processing and approval of all applications identified above for a period of 180 days, or until the Town Council adopts on second reading, the amendments under review and such amendments beco...
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