Board/Committee Agenda Item

MEETING DATE:  12/8/2015

SUBJECT:  Land Development Regulations Amendment: Application by the City of Alachua Amending Subsection 4.1.2 – Table of Allowed Uses; Amending Subsection 4.3 – Use Specific Standards, by Creating Subsections 4.3.2 (E) (3), 4.3.3 (A) (7), and 4.3.4 (D) (2); Amending Subsection 10.2- Definitions; Amending Subsection 3.7.2 (C) (4); Relating to the Regulating of Marijuana Dispensaries, Medical Marijuana Cultivating Sites, and Medical Marijuana Processing Sites (Legislative Hearing)

PREPARED BY:  Adam Hall, AICP, Planner

RECOMMENDED ACTION:

Staff recommends that the Planning & Zoning Board find that the proposed Text Amendments to the Land Development Regulations are consistent with the City of Alachua Comprehensive Plan and transmit such finding to the City Commission.

Summary

On June 16, 2014, Senate Bill 1030 "Compassionate Medical Cannabis Act of 2014" ("Act") relating to the medical use of low-THC cannabis was adopted as Chapter 2014-157, Laws of Florida (See Attachment A).  The Act required the Florida Department of Health ("DOH") to promulgate rules for the implementation of the Act, which were filed on May 28, 2015 and became effective on June 17, 2015.The Act also requires the DOH to approve five (5) "Dispensing Organizations," one in each of the five established regions in Florida.  On May 27, 2015, Administrative Law Judge W. David Watkins rendered a 65-page Final Order regarding the rule making process, indicating that the proposed rules "do not constitute an invalid exercise of delegated legislative authority". 

  On January 12, 2015 the City Commission adopted Ordinance 15-02, which placed a six (6) month moratorium on medical marijuana dispensing organizations.  Ordinance 15-08 provided an extension of Ordinance 15-02, extending for six (6) months the temporary moratorium on all applications for development approval for dispensing organizations/facilities. On June 22, 2015, the City Commission approved Ordinance 15-08 upon first reading, with a vote of 5-0. On July 13, 2015 the City Commission approved Ordinance 15-08 upon second reading, with a vote of 5-0. The moratorium on dispensing organizations and facilities ends on January 13, 2016.  

As of the July 8, 2015 deadline, the Florida Department of Health received five applications from firms interested in becoming the dispensing organization for our region, which includes Alachua, Baker, Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns, Suwannee, and Union Counties. Based on the information provided in the applications, it does not appear that any firm is proposing to establish a cultivation, processing, or dispensing site within the corporate limits of the City of Alachua at this time. However, after the dispensing organization is designated for our region, that firm may change or add cultivation, processing, or dispensing locations during the next application period. On November 23, 2015, the Florida Department of Health approved Chestnut Hill Tree Farm, LLC as the dispensing organization for the Northeast region of Florida.