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PUBLIC HEARING #2 <br />5:01 PM SPECIAL MEETING <br />[LEGISLATIVE] <br />INDIAN RIVER COUNTY, FLORIDA <br />MEMORANDUM <br />TO: Joseph A. Baird; County Administrator <br />FROM: <br />Stan Boling, AICP; 90 munity Development Director <br />DATE: November 5, 2014 <br />SUBJECT: FINAL HEARING: Consideration of Amendments to Land Development <br />Regulations (LDRs) Chapters 901 (Definitions), 911 (Zoning), and 971 (Specific <br />Land Use Criteria) to Establish Regulations for Medical Marijuana Treatment <br />Centers <br />It is requested that the data herein presented be given formal consideration by the Board of County <br />Commissioners at its 5:01 pm special meeting of November 18, 2014. <br />BACKGROUND <br />On November 4, 2014, the Board of County Commissioners (Board) conducted the first of two <br />public hearings to consider a land development regulation (LDR) amendment establishing medical <br />marijuana treatment center regulations in the event that the medical marijuana constitutional <br />amendment (Amendment 2) was passed by the voters. At its November 4, 2014 hearing, the Board <br />considered the proposed LDR amendment and announced its intention to consider adoption at a <br />special 5:01 pm hearing to be held on November 18, 2014. <br />The Board is now to conduct the 5:01 pm special hearing. <br />ANALYSIS <br />A result of the November 4 elections is that Amendment 2 did not pass, since support for the <br />amendment did not reach the necessary 60% threshold for state constitutional amendmelts (see <br />Attachment #1). Consequently, at this time, high THC -level medical marijuana use is not allowed in <br />Florida and adoption of the proposed LDR amendment is not necessary or appropriate. Therefore, <br />the Board should reject the proposed LDR amendment. <br />In a related matter, on October 21, 2014, the Board adopted changes to the County's pain <br />management clinic regulations to establish non-LDR local regulations for medical marijuana <br />treatment centers. It is the opinion of staff and the County Attorney that those code changes <br />(Ordinance No 2014-018) should be repealed since Amendment 2 failed. <br />M:\AGENDA\2014\Public Hearing No 2 - medical marijuana 11 I814.docx 1 <br />1 <br />