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HomeMy WebLinkAbout17-002ORDINANCE NO. 17 -002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A POSTPONEMENT ON THE ACCEPTANCE AND PROCESSING OF NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSING FACILITIES FOR A PERIOD OF 365 DAYS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the. health, safety, land welfare of the County's citizens; and WHEREAS, the St. Lucie County Board of County Commissioners determines that it is in the best interest of its residents, businesses and visitors to enact sufficient zoning regulations to ensure their health, safety and welfare; and WHEREAS, medical marijuana dispensing facilities are a new and unique use which is not currently addressed by the County Land Development Code or Code of Ordinances; and WHEREAS, Section 381.986(8)(b), Fla. Stat., permits counties to "determine by ordinance the criteria for the number, location, and other permitting requirements that do,not conflict with state law or department rule for all dispensing facilities of dispensing organizations located within the unincorporated areas of that county"; and WHEREAS, a temporary postponement on the acceptance of applications for, the processing of, and the issuance of development permits, development orders or any other , official action of St. Lucie County permitting or having the effect of permitting new medical marijuana dispensing facilities will allow time to review, study, hold public hearings, and prepare and adopt an amendment or amendments to the Land Development Code and Code of Ordinances to address this new and unique use; and WHEREAS, the ordinance was heard by the Local Planning Agency on January 19, 2017. WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens of St. Lucie County. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. RECITALS ADOPTED. Each of the recitals set forth above is hereby adopted and confirmed. Section 2. TEMPORARY POSTPONEMENT OF CERTAIN COUNTY ACTIONS; APPLICABILITY. A. The time period for the postponement shall be until July 3, 2017, or until an austPli E. SMITH, CLERK OF THE CIRCUIT COURT 1 SAINT LUCIE COUNTY FILE # 4286656 03/14/2017 04:28:35 PM OR BOOK 3972 PAGE 2500 - 2503 Doc Type: ORDN RECORDING: $35.50 i amendment to the Land Development Code is approved or denied, whichever occurs first. The postponement may be reasonably extended, if necessary, for up to an additional ninety (90) day period by Resolution of the Board. No application for any permit or development order for a medical marijuana dispensing facility shall be accepted, nor shall any permit or development order be approved for a medical marijuana dispensing facility. Notwithstanding the above, in the event the Board approves an amendment to the Land Development Code, the postponement shall remain in effect until such time as the amendment becomes effective. B. This ordinance shall not restrict, prohibit or otherwise prevent a property owner from the reasonable use of their land or from developing their land in accordance with the St. Lucie County Comprehensive Plan. C. The adoption of this ordinance is undertaken by the County in good faith and is intended to further the goals of the St. Lucie County Comprehensive Plan and Chapter 163, Florida Statutes, and is not intended to discriminate against those landowners which may be subject to this ordinance. D. The limited duration of this postponement has been established in order to accomplish appropriate planning for future development through the St. Lucie County Comprehensive Plan amendment process as described in Chapter 163, Part II, Florida Statutes, and the Comprehensive Plan. Section 3. TERM OF THIS ORDINANCE. The County shall move forward expeditiously with the development, adoption, and implementation of the Regulations concerning medical marijuana dispensing facilities. This Ordinance shall remain in effect only for so long as is reasonably necessary for the Board to adopt such Regulations and for those Regulations to take effect. Accordingly, the term of this Ordinance shall expire, and this Ordinance shall have no further force or effect, after the date when the Regulations take effect, or July 3, 2017 unless extended by Resolution of the Board for an additional ninety (90) day period, whichever occurs first. Section 4. WAIVERS. Notwithstanding the provisions in Section 2 above, an applicant for the development of property within the unincorporated County may apply to the Board for a waiver of the requirements in Section 2, above, so that the applicant's application may be reviewed without delay. In such cases, the Board shall consider the request for a waiver at a public meeting, which shall be held within 45 days after the County receives the applicant's request. At the public meeting, the applicant shall have the burden of demonstrating to the Board's satisfaction that: (a) granting the applicant's request for a waiver will not detrimentally affect the preparation and implementation of the Regulations; (b) the proposed project will be compatible with surrounding land uses; and (c) the proposed project will not adversely affect the public health, safety or welfare. If the applicant carries its burden of proof, the Board may grant a waiver and thus allow the applicant's application to be submitted, reviewed and processed concurrently with the Regulations. However, a development order shall not be issued for such application until the necessary comprehensive plan amendments are in effect and the application is found to be consistent with adopted land development regulations. 2 Section 5. VESTED RIGHTS. A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following: 1. A government act of development approval was obtained prior to the effective date of this Ordinance; and 2. The property owner has detrimentally relied, in good faith, on the governmental approval by making a substantial change in position or incurring extensive obligations and expenses; and 3. It would be highly inequitable to deny the property owner the right to complete the development. B. Any property owner claiming to have vested rights under this Section 5 must file an application with the Board for a vested rights determination within 30 days afterthe effective date of this Ordinance. The application shall be accompanied by a fee of $1,500.00 and shall contain a sworn statement as to the facts upon which the vested rights are asserted, together with any documentary evidence supporting the claim. The Board shall hold a public hearing on the application and, based upon the evidence submitted, shall make a determination as to whether or not the property owner has established vested rights. To the extent that a property owner demonstrates vested rights, the prohibitions established in Section 2 of this Ordinance shall not apply. Section 6. APPEALS. Any appeal from a final decision by the Board under Section 4 or Section 5 of this Ordinance shall be pursued by filing a Petition for Certiorari in the Circuit Court of the 19th Judicial Circuit, in and for St. Lucie County, in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-judicial rulings of local government agencies. Section 7. EXHAUSTION OF ADMINISTRATIVE REMEDIES. A property owner claiming that this Ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 8. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. 3 Section 9. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Section 10. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. Section 11. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. Section 12. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. Section 13. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Chris Dzadovsky, Chairman AYE Commissioner Tod Mowery, Vice Chairman AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 7th day of March, 2017. ATTEST: 4 BOARD OF COUNTY COMMISSIONERS ST. LUCIE CO T BY: Chairm n APPROVE"S TO FORM AND CORRECTNESS» /1 .dill l f BY: my RICK SCOTT KEN DETZNER Governor Secretary of State March 14, 2017 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Melissa Upton Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 17-002, which was filed in this office on March 14, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us