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  Growth Management Report     9. 9.    
BCC Regular Meeting Public Hearing  
Meeting Date: 01/05/2017  
Issue:    5:51 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the LDC Chapter 3, Zoning Regulations and Chapter 6, Definitions
From: Horace Jones
Department: Development Services  

RECOMMENDATION:
5:51 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending the LDC Chapter 3, Zoning Regulations and Chapter 6, Definitions

That the Board of County Commissioners (BCC) adopt an Ordinance amending the Land Development Code (LDC) Chapter 3, Zoning Regulations, Article 1, General Provisions, adding Section 3-1.4(J) "Compassionate Use of Low-THC Cannabis" as an Allowed Use; amending Article 2, Mainland Districts, and Article 4 Perdido Key Districts, adding "Low-THC Marijuana Dispensing Facilities" as a permitted use in specified districts; and amending Chapter 6, Definitions, to define necessary terms related to Low-THC Marijuana Dispensing Facilities.

This is the second of two required public hearings.
BACKGROUND:
Section 381.986, Florida Statutes (2016), and Florida Administrative Code Chapter 64-4 authorize a limited number of dispensing organizations throughout the State of Florida to cultivate, process, and dispense low-tetrahydrocannabinol (low-THC) cannabis and medical cannabis for use by qualified patients suffering from cancer, terminal conditions, and certain chronic conditions. The dispensing organizations must be approved by the Florida Department of Health, and once approved, are subject to state regulation and oversight. The Escambia Board of County Commissioners directed staff to amend the Land Development Code to identify specific zoning districts within Escambia County to allow marijuana dispensing facilities as a permitted use and also to include related terms and definitions.
 
BUDGETARY IMPACT:
No budgetary impact is anticipated by the adoption of this Ordinance.
LEGAL CONSIDERATIONS/SIGN-OFF:
The attached Ordinance has been reviewed and approved for legal sufficiency by Meredith D. Crawford, Assistant County Attorney. Any recommended legal comments are attached herein.
PERSONNEL:
No additional personnel are required for implementation of this Ordinance.
POLICY/REQUIREMENT FOR BOARD ACTION:
The proposed Ordinance is consistent with the Board’s goal “to increase citizen involvement in, access to, and approval of, County government activities.”
IMPLEMENTATION/COORDINATION:
This Ordinance, amending the LDC, will be filed with the Department of State following adoption by the board.

Implementation of this Ordinance will consist of an amendment to the LDC and distribution of a copy of the adopted Ordinance to interested citizens and staff.

The proposed Ordinance was prepared by the Development Services Department, in cooperation with  the County Attorney’s Office and all interested citizens. The Development Services Department will ensure proper advertisement.

Attachments
Voting Data for Amendment 2
Draft Ordinance
Clean Ordinance

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