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09-05-2017 LPA City Manager City Commission Eric M. SoToha, ICMA-CM ]Enid Weisman,Mayor Howard Weinberg,Viee Mayor City Clerk Denise Landman Commissioner Eiiisa Lo HorvathMMC Dr.Linda Marks,Commissioner Gladys Mezrahi,Commissioner City Attorney Mare Narotsky,Commissioner Weiss Serota Helfman Robert Shelley,Commissioner �e � p�s� Cole&Bierman LOCAL PLANNING AGENCY MEETING AGENDA SEPTEMBER 5, 2017 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: June 14, 2017 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY CREATING SECTION 31-151 "USES PROHIBITED IN ALL ZONING DISTRICTS", OF ARTICLE VII "USE REGULATIONS" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS", REGULATING PROHIBITED USES GENERALLY AND SPECIFICALLY PROHIBITING MEDICAL MARIJUANA DISPENSARIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk,City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. The City of MINUTES Aventura LOCAL PLANNING AGENCY Government Center 19200 W.Country Club Drive MEETING Aventura, Florida 33180 JUNE 14, 2017 AT 6 PM 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:05 p.m. The roll was called, with the following present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Commissioner Denise Landman was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Nathaniel Manor. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the May 2, 2017 meeting minutes was offered by Commissioner Narotsky, seconded by Commissioner Shelley, and unanimously passed by roll call vote. 4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: Mr. Wolpin noted that the staff report and any comments provided for the item would be included in the record by reference, for the same item on the regular Commission Meeting Agenda. Mr. Wolpin reviewed the quasi-judicial procedures and read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 2.0 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony. A motion to recommend adoption of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval. Mayor Weisman opened the public hearing. The following members of the public provided comments: Ivy Ginsberg (3610 Yacht Club Drive).1 ' Ms. Ginsberg's testimony will be included in the record by reference for item 8B on the Regular Commission Meeting Agenda. City of Aventura Local Planning Agency Meeting Minutes June 14, 2017 There being no additional comments, Mayor Weisman closed the public hearing. The motion to recommend adoption of the Ordinance was unanimously passed, by roll call vote. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, a motion to adjourn was offered by Vice Mayor Weinberg, seconded by Commissioner Narotsky and unanimously passed; thereby, adjourning the meeting at 6:17 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on September 5, 2017. Pa!ac 2 01.2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission401. FROM: Eric M. Soroka, ICMA-CM, .ger DATE: July 25, 2017 SUBJECT: Ordinance Amending Land De • • •ment Regulations to Prohibit Medical Marijuana Dispensaries Local Planning Agency Meeting Agenda Item .4 1st Reading September 5, 2017 City Commission Meeting Agenda Item 2nd Reading October 3, 2017 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance amending Chapter 31 of the City's Land Development Regulations to prohibit medical marijuana dispensaries in the City. BACKGROUND At the June Workshop Meeting, in light of recent changes in State law, the City Commission directed the City Attorney to draft an Ordinance prohibiting medical marijuana dispensaries in the City. Attached is the Ordinance which complies with the newly adopted State law. If you have any questions, please feel free to contact me. EMS/act Attachment CC01707-17 ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY CREATING SECTION 31-151 "USES PROHIBITED IN ALL ZONING DISTRICTS", OF ARTICLE VII "USE REGULATIONS" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS", REGULATING PROHIBITED USES GENERALLY AND SPECIFICALLY PROHIBITING MEDICAL MARIJUANA DISPENSARIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission recognizes that changes to the adopted Code of Ordinances are periodically necessary in order to ensure that the City's regulations are current and consistent with the City's planning and regulatory needs and changes in State law; and WHEREAS, the City Commission desires to clarify the interpretation and identification of prohibited uses within the City; and WHEREAS, according to the Controlled Substances Act, Marijuana has a high potential for abuse and has no currently accepted medical use in treatment in the United States; and WHEREAS, notwithstanding Federal law, the 2014 Florida Legislature approved Senate Bill 1030 providing for the growing, processing, and distributing of specific forms of low-THC (non-euphoric) Cannabis to qualified patients and their caregivers for the treatment of listed medical conditions, which became effective on June 16, 2014 as Chapter 2014-157, Laws of Florida, and is codified at Section 381.986, Florida Statutes ("Senate Bill 1030"); and WHEREAS, in Gonzales v. Raich, the U.S. Supreme Court held in 2005 that the Federal Government has the authority under the Commerce Clause to prohibit marijuana for all purposes pursuant to the Controlled Substances Act, and that the Supremacy Clause of the U.S. Constitution "unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail." Gonzales v. Raich, 545 U.S. 1, 29; and WHEREAS, the 2014 Florida Legislature approved Senate Bill 1030 providing for the growing, processing, and distributing of specific forms of low-THC (non-euphoric) cannabis to qualified patients and their caregivers for the treatment of listed medical conditions, which became effective on June 16, 2014 as Chapter 2014-157, Laws of Florida, and is codified at Section 381.986, Florida Statutes; and City of Aventura Ordinance No.2017- WHEREAS, Section 381.986, Florida Statutes, authorizes and defines "Medical Marijuana Treatment Centers" to encompass the entire supply chain (cultivation, processing, storage, distribution, etc.), not just retail sales to qualified patients; and WHEREAS, the Florida Department of Health adopted a rule to implement Senate Bill 1030, which became effective June 17, 2015; and WHEREAS, on November 8, 2016, voters approved Constitutional Amendment 2 ("Amendment 2") which expanded the use of Medical Marijuana for individuals with debilitating conditions that was originally provided under Senate Bill 1030; and WHEREAS, the 2017 Florida Legislature passed Senate Bill 8A ("SB 8A") to enact Amendment 2 and Governor Rick Scott signed SB 8A into law on June 23, 2017; and WHEREAS, SB 8A permits the use of additional alternative forms of marijuana (marijuana in all its forms including low-THC cannabis, together referred to as "marijuana") and alternative dispensing methods; and WHEREAS, SB 8A grants authority to municipalities to ban medical marijuana treatment center dispensing facilities from being located within its boundaries; and WHEREAS, significant safety and security issues exist for any establishment involved in the dispensing of marijuana, because they maintain large drug inventories and are forced to deal in cash because their activities have not yet been sanctioned by federal law; and WHEREAS, such businesses are inherently attractive targets for criminals, and it is therefore essential that the City prevent such uses to protect and advance the public health, safety and welfare; and WHEREAS, enabling the establishment of such businesses would require extensive municipal resources in order to effectively address the potential rise in criminal activity; and WHEREAS, the City Commission has determined that it is in the best interests of the citizenry and general public to prohibit medical marijuana treatment center dispensing facilities to ensure the safety of the employees, neighbors, customers and area residents; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission, in its capacity as the Local Planning Agency, has reviewed the proposed amendments to the City Code pursuant to the required public hearing and has recommended approval of this Ordinance; and Page 2 of 5 City of Aventura Ordinance No.2017- WHEREAS, the City Commission has previously invoked zoning in progress concerning this Ordinance as authorized by the Section 31-77(h)(3) of the City's Land Development Regulations; and WHEREAS, the City Commission has reviewed the proposed amendments, and finds that it is in the best interests of the public to amend the City Code as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT1: Section 1. Recitals Adopted. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. Section 31-151, "Uses Prohibited in All Zoning Districts" of Article VII "Use Regulations" of Chapter 31, "Land Development Regulations" is hereby created to read as follows: ARTICLE VII. - USE REGULATIONS Sec. 31-151. — Uses Prohibited in All Zoning Districts (a) Prohibited uses generally. Within any particular zoning district, any use which is not specifically identified as a permitted, conditional use, or accessory use shall be prohibited. (b) Specifically prohibited uses. Additional, specifically identified prohibited uses are identified in the individual zoning districts. (c) Dispensing of marijuana products. In accordance with Section 381.986, Florida Statutes, the dispensing of marijuana in any form, by any person or business, is prohibited in all zoning districts. Further, all uses, products, or acts prohibited under any state or federal law are prohibited throughout the City. ' Underlined provisions constitute proposed additions to existing City Code text;5[444en4veugh provisions indicate proposed deletions from existing City Code text. Page 3 of 5 City of Aventura Ordinance No. 2017- Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be re- numbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Howard Weinberg Mayor Enid Weisman Page 4 of 5 City of Aventura Ordinance No.2017- PASSED on first reading on this 5th day of September, 2017. PASSED AND ADOPTED on second reading on this 3'd day of October, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2017. Page 5 of 5