Broward County Commission Regular Meeting


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AI-25109 34.       
Meeting Date: 09/26/2017  
Director's Name: Henry A. Sniezek
Department: Environmental Protection Division: Planning & Development Management

Information
Requested Action
MOTION TO DISCUSS regulations for the location of Medical Marijuana facilities in the Broward Municipal Services District.

ACTION:  (T-11:56 AM)  Following discussion, the Board approved, as amended, directing staff to draft an Ordinance designating Medical Marijuana facilities in the Broward Municipal Services District in similar locations to that of pharmacies. (Refer to minutes for full discussion.) (See the Yellow-Sheeted Additional Material, dated Tuesday, September 26, 2017, submitted at the request of Environmental Protection and Growth Management.)   
 
VOTE: 7-0.  Commissioner LaMarca was not present during the vote.  Commissioner Ryan was not present. 
Why Action is Necessary
All discussion between Board Members on items that may come before the Board for a vote must be done at a publicly noticed, open meeting.
What Action Accomplishes
Initiates discussion to provide direction to staff regarding actions the Board may choose to take regarding regulating the location of Medical Marijuana facilities in the BMSD, in light of restrictions included in recently adopted Senate Bill 8-A.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
During the 2017 Special Session, the Florida Legislature passed SB 8-A relating to the medical use of marijuana. The Bill defines two types of medical marijuana facilities: (1) Cultivating and processing facilities, and (2) Dispensing facilities. The State has preempted local governments from regulating the location of cultivating and processing facilities. 
 
With regard to dispensing facilities pursuant to SB 8-A, the Board may ban them from being located within the BMSD altogether or may regulate their location in a manner that is not more restrictive than the criteria currently applied to a pharmacy.  

Chapter 39 of the Broward County Code permits pharmacy use in Commercial Business Zoning Districts.  Properties in the unincorporated area with this zoning designation are located in Central County (Exhibit 1), Broadview Park (Exhibit 2), and Hillsboro Pines (Exhibit 3). SB 8-A further provides that medical marijuana facilities cannot be located within 500 feet of public or private schools.  Exhibits 1, 2 and 3 identify multiple parcels that meet the criteria for medical marijuana dispensing facilities within the BMSD (locations where pharmacy use is currently permitted that are more than 500 feet from a school).  

At recent meetings, the Central County Community Advisory Board has expressed opposition to permitting medical marijuana facilities on existing commercial corridors, including NW 27 Ave., NW 31 Ave, Broward Blvd., and Sunrise Blvd., where commercial land abuts single-family homes.
Source of Additional Information
Jo Sesodia, AICP, Director, Planning and Development Management, (954) 357-8695

Fiscal Impact
Fiscal Impact/Cost Summary:
No fiscal impact.
Attachments
Exhibit 1 - Potential Locations for Marijuana Facilities in Central County
Exhibit 2 - Potential Locations for Marijuana Facilities in Broadview Park
Exhibit 3 - Potential Locations for Marijuana Facilities in Hillsoboro Pines
Additional Material - Information


    

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