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1116 Medical MarijuanaORDINANCE NO. 1116 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING AMENDMENT 2, "MEDICAL MARIJUANA" ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 4, 2014; IT APPEARING THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there is a measure on the ballot of November 4, 2014, for voter consideration to approve Amendment 2, the so called "medical marijuana" amendment to the State of Florida Constitution; and WHEREAS, should the matter be approved by vote of the electorate, the Florida Legislature may enact certain regulations or restrictions as to the manner and means of the sale and distribution of "medical marijuana;" and WHEREAS, pending such vote, and subsequent action by the Legislature, it is not clear at what point and to what extent local municipal governments can impose local regulations, be it by Zoning and Land Use Regulations; or Special Exception; or imposing an outright ban on such activity; and WHEREAS, local municipal governments have a legitimate and inherent interest in the sale and distribution of substances that impact the quality of life in the City of Okeechobee, and which may cause impairment to its citizens and others, and can enact ordinances to address and regulate such sales; and WHEREAS, the City Council for the City of Okeechobee, believes it is in the best interests of the City and its citizens of Okeechobee to impose a Moratorium on the permitting of business locations to sell or distribute medical marijuana pending outcome of the vote, and clarification of the ability of local municipal government to impose additional or stricter regulations; and NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. THAT the City Council for the City of Okeechobee, Florida, hereby enacts and imposes a Moratorium which has the effect of prohibiting and preventing any Department of the City of Okeechobee from accepting an application for Business Tax Receipt, Occupational License, Land Use orZoning change, Special Exception, Ordinance No. 1116 - Page 1 of 2 Amended at Nov 18, 2014 Final Hearing, to delete Section 3. or in any manner acting upon a request of any person or entity for the establishment of a business location within the City that is for the purpose of selling, distributing, advertising, or in any manner promoting the sale and /or distribution of marijuana for medical, or any other purpose. SECTION 2. THAT this Moratorium shall remain in effect indefinitely, pending further action by the City Council of the City of Okeechobee, which may then impose additional regulations, or Land Use or Zoning restrictions, on the operation of such a business. SECTION 3. 'o'• : i iu. a'•:e i l eU :a ►r.'. AO 4,11 ►•4: 'o•: o no' '(S 01. o 0E6e:: .,: .. .• •1, •t .►: ' .•q: :►,u; •, ►. • >o. o, •,►. .. . ..,►•,.► .� 'o :•a1■41■o:;•':: e• VOW A► uo '4141 'av4e : to SECTION 4. THAT should the measure be approved on November4, 2014, this Moratorium shall automatically expire 180 days from the effective date hereof, unless extended by further action of the City Council of the City of Okeechobee. SECTION 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 6. Should any provision or portion of this Ordinance be declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. SECTION 7. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 21st day of October, 2014. ATT,ST: af\aA.-QOr--' Lane Gamiotea, CMC, City Clerk James. E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 18' day of November, 2014. James E. Kirk, Mayor Lane Gamiotea, C 1 C, City Clerk REVIEWED FOR E AL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1116 - Page 2 of 2 310 OCTOBER 21, 2014 - REGULAR MEETING - PAGE 8 OF 15 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. LDR AMENDMENT PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion on proposed Ordinance No. 1115 continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. X. NEW BUSINESS. A. 1. a) Motion to read by title only, proposed Ordinance No. 1116 and set final public hearing date for November 18, 2014 regarding Amendment 2, Medical Marijuana - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. Council Member Watford moved to amend Ordinance No. 1115 to read as follows: Section 90 -223 (2) Personal services, except pawn shop and dry cleaning on premises; seconded by Council Member O'Connor. VOTE ON MOTION TO AMEND KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION To AMEND CARRIED. Mayor Kirk asked for any further discussion. Council Member Watford inquired to the Special Exception as discussed at the first Hearing, to which Mr. Brisson replied, Yes, Application No. 14- 008 -SE, was approved at the October 16, 2014, Planning Board meeting, with the following stipulations: the approval will not become effective until and when the text amendment to the City's LDR's adding personal services to the list of special exception uses in the CPO Zoning District is approved by the City Council and the square footage of the various uses will be consistent with the parking requirement that results from the City Council's actions on the applicant's requests for approval of off -site parking and the parking reduction. VOTE ON MOTION AS AMENDED KIRK - YEA MAXWELL - NO O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:41 P.M. Council Member O'Connor moved to read by title only, proposed Ordinance No. 1116 and set final public hearing date for November 18, 2014, regarding Amendment 2, Medical Marijuana; seconded by Council Member Williams. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 1 1 1 AGENDA X. NEW BUSINESS CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 1116 by title only. 2. a) Motion to approve first reading of proposed Ordinance No. 1116. b) Discussion. c) Vote on motion. OCTOBER 21, 2014 - REGULAR MEETING - PAGE 9 OF 16 311 COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook read proposed Ordinance No. 1116 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING AMENDMENT 2, "MEDICAL MARIJUANA" ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 4, 2014; IT APPEARING THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Watford moved to approve first reading of proposed Ordinance No. 1116; seconded by Council Member O'Connor, Council Member Watford began the discussion stating there has been much discussion from the Treasure Coast Council of Local Government and the Treasure Coast Regional League of Cities, anticipating the outcome of the November 4, 2014, General Elections, in which Medical Marijuana Amendment 2 is on the ballot. Some cities have already enacted laws for their protection. Attorney Cook emphasized this ordinance is a good precaution until further action can be appropriated. He explained the Planning Board will be considering amendments to the LDR's at the November 20, 2014, meeting. Undersheriff Noel Stephen, of the Okeechobee County Sheriff's Department, who was in attendance, responded to the Council's questions concerning growers and dispensaries, that there are State restrictions and regulations, and the dispensaries are determined according to population. Okeechobee will be allowed four dispensaries. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. NOVEMBER 18, 2014 - REGULAR MEETING - PAGE 6 OF 12 323 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only, proposed Ordinance No. 1116, Amendment 2, Medical Marijuana - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1116 by title only. B. 2. a) Motion to adopt proposed Ordinance No. 1116. b) Public comments and discussion. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ADOPTION AT 6:42 P.M. A motion and second was offered by Council Members Watford and Williams to read by title only, proposed Ordinance No. 1116, Amendment 2, Medical Marijuana. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1116 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING AMENDMENT 2, "MEDICAL MARIJUANA" ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 4, 2014; IT APPEARING THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Williams and Watford, to adopt proposed Ordinance No. 1116. Mayor Kirk asked whether there were any comments from the public. There were none. The Council asked for direction since Constitutional Amendment No. 2 was not approved by the voters during the General Election. Attorney Cook advised Section Three should be deleted, but the remaining content is valid and will need to be in place should the State Legislature, in the 2015 session, adopt legislation to allow marijuana dispensaries, as is being speculated. Council Member Watford moved to amend proposed Ordinance No. 1116, deleting Section Three; seconded by Council Member Williams. 324 AGENDA IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion for proposed Ordinance No. 1116 continued. c) Vote on motion CLOSE PUBLIC HEARING - Mayor. X. NEW BUSINESS. A. Motion to accept the Certificate of the Okeechobee County Canvassing Board for the 2014 Election Canvass Returns - City Clerk (Exhibit 3). NOVEMBER 18, 2014 - REGULAR MEETING - PAGE 7 OF 12 COUNCIL ACTION - DISCUSSION - VOTE KIRK - YEA WATFORD - YEA VOTE ON MOTION TO AMEND MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION To AMEND CARRIED. Mayor Kirk asked whether there were any further questions or comments. There were none. KIRK - YEA WATFORD - YEA VOTE ON MOTION AS AMENDED MAXWELL - YEA WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:50 P.M. O'CONNOR - YEA MOTION CARRIED As AMENDED. Prior to the motion being offered, City Clerk Gamiotea reported on the election procedures as provided in the Code of Ordinances and the Election Services Interlocal Agreement. The Election Canvassing Board comprising of County Judge Jerry Bryant, Board of County Commissioners Chairperson Frank Irby, Okeechobee County Supervisor of Elections Diane Hagan, County Attorney Laura McCall, and Clerk Gamiotea as the City's ex- officio, conducted six meetings that pertained to the General Election. On election day she accompanied Supervisor Hagan to conduct precinct inspections. The voters' registration books closed on October 6, 2014, and as of that date there were 2,747 voters registered within the City, an increase of 84 new voters from the 2012 Election. Voter turn -out was 48.3 percent for the City, slightly higher than the County's at 46.4 percent. The Certificate of the County Canvassing Board for the Non - Partisan 2014 Election Canvass Returns was signed on Friday, November 14, 2014. Everything went smoothly and the Conduct of Election Report was sent to the State Division of Elections reflecting: there were no equipment or software malfunctions; no election definition errors discovered after the logic and accuracy test; no ballot printing nor ballot supply problems; no staffing shortages or procedural violations by employees or precinct workers; no instances where the needs for staffing and equipment were insufficient to meet voters needs. Re- counts were not necessary to perform. The mandatory audit was performed on Monday, November 17. This is done by drawing a precinct number and name of a race from the hat. Precinct Eight and Chief Financial Officer race were chosen. The manual counts performed on this race in this precinct were the exact as the electronic tabulator. 500 AGENDA V. OPEN PUBLIC HEARING - Chairperson. A. Consider LDR Text Amendment Application No. 14- 002 -TA to review, consider, and discuss zoning district(s) for medical marijuana dispensaries (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the City Staff. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications' by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny application. b) Board discussion. c) Vote on motion. QUASI- JUDICIAL ITEM: B. Variance Application No. 14- 001 -V, submitted by Frank Carter, P.E. on behalf of property owner, Simpson Farms, Inc., to decrease the FRONT setback from 20 to ten feet within a Heavy Commercial Zoning District, (Ref. Sec. 90 -285 (2)a.), South 30 feet of Lot 3, and all of Lots 4, 5,10,11 and 12, the South 7.5 feet of the alley adjoining the North boundary of Lots 10,11 and 12, the East 7.5 feet of the alley adjoining the West boundary of the South 30 feet of Lot 3, all of the alley adjoining the West boundary of Lots 4 and 5 and the East boundary of Lot 12; and the West 7.5 feet of the alley adjoining the East boundary of the South 50 feet of Lot 12, all in Block 230, First Addition to Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 6, Public Records of Okeechobee County, Florida, approximately 0.963 acres and located at 608 North Parrott Avenue, (Beef O'Brady's) (Exhibit 2). NOVEMBER 20, 2014 - PLANNING BOARD - PAGE 2 OF 6 ACTION - DISCUSSION - VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:05 P.M. Land Development Regulation (LDR) Text Amendment Application No. 14- 002 -TA was submitted by Attorney Cook to review, consider, and discuss a recommendation to the City Council that will regulate what zoning district(s) medical marijuana dispensaries will be permitted to operate within. Further, what, if any, types of additional regulations should be included. Attorney Cook requested withdrawing this item until such time that the State Legislature adopts legislation to allow marijuana dispensaries. The Florida Right to Medical Marijuana Initiative, Amendment 2, was not approved by the voters during the General Election held on November 4, 2014. The consensus of the Board was to withdraw the item at this time. Variance Application No. 14-001-V, was submitted by Frank Carter, P.E. on behalf of property owner, Simpson Farms, Inc., to decrease the FRONT setback from 20 to ten feet within a Heavy Commercial (CHV) Zoning District, (Ref. Sec. 90 -285 (2)a.), South 30 feet of Lot 3, and all of Lots 4, 5, 10, 11 and 12, the South 7.5 feet of the alley adjoining the North boundary of Lots 10,11 and 12, the East 7.5 feet of the alley adjoining the West boundary of the South 30 feet of Lot 3, all of the alley adjoining the West boundary of Lots 4 and 5 and the East boundary of Lot 12; and the West 7.5 feet of the alley adjoining the East boundary of the South 50 feet of Lot 12, all in Block 230, First Addition to Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 6, Public Records of Okeechobee County, Florida, approximately 0.963 acres and located at 608 North Parrott Avenue, (Beef O'Brady's).