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INDIAN RIVER COUNTY, FLORIDA <br />MEMORANDUM <br />TO: Jason E. Brown; County Administrator <br />FROM: J -ic <br />Stan Boling, AICD; Community Development Director <br />DATE: October 5, 2016' <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 regular meeting of October 11, 2016. <br />BACKGROUND <br />On September 20, 2016, 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. The impetus for the regulations is the medical marijuana <br />constitutional amendment (Amendment 2) which may be passed by the voters next month. At its <br />September 20, 2016 hearing, the Board considered the proposed LDR amendment and by a 5 - 0 <br />vote set the second, final hearing to consider adoption of the LDR amendment at the October 11, <br />2016 regular meeting (see attachment 1). <br />The Board is now to conduct the final hearing and consider adoption of the proposed ordinance. <br />ANALYSIS <br />At the September 20, 2016 hearing, Board members indicated support for the ordinance and there <br />was a brief discussion regarding the proposed definition of "medical marijuana treatment center" and <br />regulation of marijuana cultivation. After the hearing, staff and the County Attorney revisited the <br />proposed definition of "medical marijuana treatment center" and determined that the definition could <br />be made more clear by specifying which "Department" is referred to with respect to treatment center <br />registration. That department is the Department of Health or its successor agency. Consequently, <br />staff has added the Department of Health reference to the definition of "Medical Marijuana <br />Treatment Center". That change appears on page 1 of the proposed ordinance (see attachment 3). <br />All other aspects of the LDR amendment ordinance remain the same as presented at the September <br />20, 2016 hearing. <br />MA\AGENDA\Current Year\2016\Public Hearing No 2 - medical marijuana 10116 docx 1 14 <br />