P&Z 07/12/2017 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency July 12, 2017 Page 3 The next two items were discussed together. Sixth Item of Business: LPA 17-05: Medical Marijuana. An ordinance to amend Section 2-5.3, Table 2-5.3 "Land Use By District" removing Medical Marijuana Dispensaries and Medical Marijuana Treatment Centers and repealing Section 2-7.34 "Medical Marijuana Dispensaries and Medical Marijuana Treatment Centers". Seventh Item of Business: LPA 17-06 Medical Marijuana Moratorium. An ordinance to establish a temporary moratorium of one hundred and eighty days prohibiting the operation of Medical Marijuana Treatment Center Dispensing Facilities within the City of Casselberry. Ms. Emily Hanna, Chief Planner, reviewed the information provided in her memorandum dated July 12, 2017, and a PowerPoint presentation to the City of Casselberry Planning and Zoning Commission (a copy of the PowerPoint presentation is attached and made a part of the minutes). Ms. Hanna said staff requests that the Planning and Zoning Commission recommend approval of LPA 17-05 and hereby amend Section 2-5.3, Table 2-5.3 "Land Use by District' by removing Medical Marijuana Dispensaries and Medical Marijuana Treatment Centers and repealing Section 2-7.34 "Medical Marijuana Dispensaries and Medical Marijuana Treatment Centers". A discussion ensued regarding the City's pros and cons of banning medical marijuana and the six-month moratorium and ex parte communications regarding this item. Mr. Henson asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. Ms. Rita Magnin, 554 Queens Mirror Circle, Casselberry, Florida came forward. Ms. Magnin said that the residents she spoke with do not want medical marijuana facilities in Casselberry. Ms. Magnin questioned the number of facilities that would be allowed in the City. Mr. Henson explained that the City passed an ordinance to allow medical marijuana facilities in an industrial zoning. He said the State decided that the City could not restrict the facilities to that zoning district. He said the City must treat a medical marijuana facility as a pharmacy and that would allow them in a commercial zoning district. Mr. Henson explained that the City has the option to allow medical marijuana facilities in a commercial zoning or the City bans the facilities. Mr. Henson stated that the City is repealing the previous legislation because it is not valid according to the State and is placing a six-month moratorium to allow time to determine the City's options.