TO: Honorable Mayor & Members of the North Port Commission
FROM: Jonathan R. Lewis, ICMA-CM, City Manager
TITLE: Ordinance No. 2016-33, First Reading, Petition No. TXT-16-164, Amending the Code of the City of North Port and the City of North Port Unified Land Development Code to include regulations related to Low-THC Cannabis and Medical Cannabis Dispensing Facilities.
Recommended Action
Approve and continue Ordinance No. 2016-33, Petition No. TXT-16-164 for second reading on November 22, 2016.
Background Information
Staff received direction from the City Commission to draft amendments to the ULDC to create regulations for dispensing facilities of dispensing organizations of medical cannabis, which are governed under §381.986, F.S. In June 2014, the Compassionate Medical Cannabis Act of 2014 was signed into law, which allowed for the use of low-THC cannabis for use by individuals with epilepsy and other identified medical conditions. Following this, the Florida Department of Health (FLDOH) established detailed rules regarding medical cannabis, which were added to the Florida Administrative Code, effective in May of 2015.
Two months later, FLDOH began accepting applications for dispensing organizations, and five applicants were selected in November 2015. Their acceptance provided for a strict timeline under which the organizations had to meet requirements to post a bond, to be granted cultivation authority, and to begin dispensing. This timeline set the dispensing of medical cannabis to begin in the summer and fall of 2016.
In March 2016, House Bill 307 was signed into law, which expanded the Compassionate Medical Cannabis Act, providing access to full-strength forms of medical cannabis for terminally ill patients as experimental treatment. It is important to note that smoking of the product is prohibited in all cases. House Bill 307 amended §381.986, providing specific regulations for cultivation, processing, and dispensing of medical cannabis, physician authorization, treatment plans, safety, and quality and health standards. These amendments also preempted municipalities from regulating certain aspects of the dispensing organizations, namely cultivating and processing, and limits regulations on dispensing facilities to number, location, and permitting requirements.
In July 2016 the first dispensing organization began to distribute medical cannabis, with two more facilities opening prior to October 1st. Two more dispensing organizations are set to begin dispensing in the next month, and even more facilities from these organizations are following swiftly. For more detailed information on the timeline outlined above, please see p. 2-3 of the accompanying staff report under Section II Background.
Staff sought to create regulations that were balanced, fair and look toward the future without being arbitrary in nature. The approval of these dispensing facilities is proposed to take place through the special exception process, which will amend Chapter 53 of the ULDC. The amendment limits dispensing facilities to Commercial General (CG) and Planned Community Development (PCD) zoning districts, so long as the established use in the PCD zoning district is commercial and there is no residential use on the property. This is then further limited to only allow dispensing facilities in Activity Centers. Staff had safety concerns about the potential placement of these facilities in the pockets of CG zoning that exist throughout residential neighborhoods. By keeping this use in areas with high visibility, as opposed to underutilized areas of the City, safety of all parties is promoted. No more than one dispensing facility will be permitted per Activity Center, and only 2 dispensing facilities will be permitted, one east and one west of Sumter Boulevard. Distance requirements are set forth as 1,500 feet from any school or property owned by the Sarasota County School Board, churches, and existing dispensing facilities. As part of the special exception process, a security plan must be provided for review by the police department to ensure adequate measures are being taken to protect all involved parties.
Amendments are also being requested to Chapter 25 Parking and Loading Regulations and Chapter 61 Definitions. Medical cannabis dispensing facilities are being added to the list of uses in table for Chapter 25-17 Minimum off-street parking requirements, at a rate of 1 space per 250 square feet of floor area. Relevant definitions are being added to Chapter 61-3 Definitions and Word Usage.
For more detailed analysis and explanation of the proposed ordinance, please see p. 4-6 of the accompanying staff report, under Section V. Staff Analysis.
Planning staff has worked very closely with the legal department to ensure that the provisions of this ordinance meet sound legal reasoning. This ordinance has been reviewed by legal as to form and correctness. Staff also worked with the police department to ensure that their concerns have been addressed, and has their support of this ordinance as presented.
The Planning and Zoning Advisory Board (PZAB) heard this item at a regularly scheduled meeting on October 20, 2016. While the board did feel that the proposed ordinance was amenable, concern was raised based on current media coverage that municipalities surrounding the City of North Port are adopting moratoria. Staff is aware of the recent actions of the City’s neighbors, and while a moratorium was discussed internally, it was determined that it was not the appropriate action at this junction. If the City was unprepared with any legislation related to medical cannabis, this may have been an option, however staff has been diligently working on a draft ordinance and has this item prepared to move forward.
Much of the discussion from the PZAB had to do with Amendment 2, which is on the ballot in November, and with the potential expansion to recreational use of the cannabis plant in the future. Amendment 2, if it passes, will expand the use of medical cannabis to those with certain debilitating conditions. Staff reminded the PZAB that many aspects of medical cannabis regulations are preempted by the State of Florida, and that the State will be addressing Amendment 2 in the six months following its potential passage. Once statewide regulations have been established, the City can revisit this topic and make any necessary amendments. The proposed ordinance addresses what is currently allowed by state law and provides accessibility to medical cannabis now for those who need it under the Compassionate Medical Cannabis Act and the Right to Try Act. As the discussion came to a close, the PZAB acknowledged that the proposed ordinance provided proper regulations for what is currently legal by State regulations and voted unanimously to recommend that the City Commission approve this item. The motion for approval was made with conditions, namely, to require a security plan and that the applicant maintain compliance with Florida Statutes and the Florida Administrative Code. Staff feels that the proposed ordinance addresses these conditions, and welcomes any additional amendments that the City Commission may recommend.
Strategic Plan
Financially Responsible City Providing Quality Municipal Services
Financial Impact
Not applicable
Procurement
Not applicable
Attachments:
1. Ordinance No. 2016-33
2. TXT-16-164, Staff Report
Prepared by: Nicole Galehouse
Department Director: Scott Williams