Maitland leaders place moratorium on dispensaries

Although other municipalities approved bans, the City Council opted for a wait-and-see approach.


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  • | 4:32 p.m. August 31, 2017
  • Winter Park - Maitland Observer
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Medical marijuana dispensaries won’t be coming to Maitland any time soon, after the city approved of a 180-day moratorium on the facilities.

During the Aug. 28 meeting, the Maitland City Council decided unanimously the best way to address the passing of Amendment 2 — a bill signed by Gov. Rick Scott that legalized medical marijuana — is to put a hold on possible dispensaries.

The city had three options to consider: allow dispensaries into the city and regulate them like pharmacies; an outright ban on the facilities; or a moratorium.

Ultimately, the council decided a moratorium was the best option.

“We can see what is going to transpire (because) the legislative session started a little early this year,” said Assistant City Manager Mark Reggentin. “We can get a feel for what is going to happen here in committee meetings and adjust any regulation we want to do — or choose an outright ban based upon those decisions being made.”

The ordinance was introduced during the July 24 council meeting. It was moved forward and sent to the Planning and Zoning Commission — which held a public hearing Aug. 3 and voted unanimously to forward the proposed ordinance to the City Council.

Another reason for opting for a moratorium over a total ban comes from the unknown possibilities of legal challenges that could come from prohibiting the facilities altogether.

“Let me be clear: The moratorium doesn’t stop you from doing a ban,” said City Attorney Clifford Sheppard. “But the critical factor for the moratorium is — what y’all are looking at as opposed to a ban — is whether or not there is a way to adjust your zoning category, because there is a real legitimate chance that this will be challenged — the whole idea of the ban.

“If you want to go with the ban, then cross your fingers that it lasts or survives court challenges,” he said.

Many municipalities around the area — including Winter Park — already have banned dispensaries within their city limits.

Now, the council will wait to decide whether to make another, more permanent decision. 

“It will buy us some time,” said Mayor Dale McDonald. “It is complicated, and we don’t have answers yet.” 

 

INDEPENDENCE

SQUARE PARK

At the end of the night’s agenda, the City Council approved a conceptual plan and budget for a new park that will be located next to City Hall.

However, members offered some suggestions. The biggest complaint was regarding the 20-foot-wide walkways in a few sections of the park, because they take up some of the park’s green space.

Concerns from the City Council will be taken into consideration, although GAI representatives reminded the council that the park was actually as much a venue for entertainment as anything, and with those wide sidewalks, it could host tents for different events.

The park itself also will feature a stage for different special events, a large fountain and plenty of trees for shade.

Construction of the new park will cost about $2.3 million, which will be solely funded by The Parks Trust Fund.

 

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