HomeMy WebLinkAboutP&Z Minutes 7-5-2017 PLANNING& ZONING BOARD
MEETING MINUTES
July 5, 2017
A Meeting of the Planning&Zoning Board was held on July 5,2017,at the Cape Canaveral Public
Library, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson John Price called the meeting to
order at 6:00 p.m. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
Harry Pearson Acting Chairperson
Ron Friedman
Dr. John Fredrickson
Albert Franks, Jr.
MEMBERS ABSENT
John Price Chairperson
Lamar Russell Vice Chairperson
OTHERS PRESENT
Anthony Garganese City Attorney
David Dickey Community Development Director
Patsy Huffman Board Secretary
PUBLIC PARTICIPATION:
None
NEW BUSINESS:
1. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Ordinance No. 11-2017, prohibiting Medical Marijuana Treatment Center
Dispensing Facilities from locating within the City; adopting other conforming amendments
to the City Code to effectuate the prohibition of Medical Marijuana Treatment Center
Dispensing Facilities within the City; providing for the repeal of prior inconsistent
ordinances and resolutions; incorporation into the City Code; severability; and an effective
date - City of Cape Canaveral—Applicant.
Mr. Price and Mr. Russell are absent from the meeting. A vote was recommended for an Acting
Chairperson. Mr. Franks recommended Mr. Pearson Chair the meeting. All members were in
agreement.
Mr. Dickey presented Staff 's report and stated the City Attorney is available to address any
specific questions. He gave background information regarding Ordinance 09-2014 and indicated
the City was being proactive regarding operational and locational criteria related to medical
marijuana treatment centers in anticipation of the November 4, 2014, referendum on The Florida
Planning &Zoning Board
Meeting Minutes
July 5, 2017
Medical Marijuana Initiative. Amendment 2 took effect on January 3, 2017 and required laws be
in place. Staff referenced five (5) points from the legislation and showed the areas on a zoning
map where these facilities could potentially be located. Staff indicated that this new legislation
limited the City to either have a total prohibition of the facilities or regulate them like a pharmacy.
Mr. Pearson asked Staff to give a quick summary of the proposed ordinance. Staff referenced
Section 110-1; Section 110-334; Section 110-343; Section 110-354 which showed medical
marijuana treatment centers have been stricken from the C-1, C-2 & M-1 districts as well as,
Section 110-489 which will allow medical marijuana treatment centers stricken from the Code in
general and stressed page 9 of 10 of the Ordinance; regarding (2) Medical marijuana treatment
center dispensing facilities shall be prohibited from locating in any district of the City.
Motion by Mr. Pearson, seconded by Mr. Friedman to recommend approval to City Council with
the revision of Ordinance No. 11-2017, page 7 to read as follows:
(p) Landlord responsibilities.
(i) Any landlord, leasing agent, or owner of property upon which a pain management
clinic or •--:• • •. •••• • •• - • - - operates, who knows, or in the exercise
of reasonable care should know,that a pain management clinic
treatment center is operating in violation of city code or applicable Florida law,
including the rules and regulations promulgated by the state department of health,
must prevent, stop, or take reasonable steps to prevent the continued illegal activity
on the leased premises.
(ii) Landlords who lease space to a pain management clinic medical marijuana
treatment center must expressly incorporate language into the lease or rental
agreement stating that failure to comply with city code is a material non-curable
breach of the lease and shall constitute grounds for termination of the lease and
immediate eviction by the landlord.
Vote on the motion carried unanimously.
City Attorney Garganese requested for the record that no one was in attendance at the meeting
other than Board Members and Staff.
REPORTS AND OPEN DISCUSSION:
None.
ADJOURNMENT:
Motion by Mr. Friedman, seconded by Mr. Pearson to adjourn the meeting at 6:31 p.m. Vote on
the motion carried unanimously.
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Planning&Zoning Board
Meeting Minutes
July 5, 2017
Approved on this b day of , 2017.
ad
H. P ars!n, Acting Chai '+erson
Analb8
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Patsy Huffman,Board Secreta
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