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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-068 Administrative Order Zoning in Progress for New Medical Marijuana FacilitiesTemporary Resolution No. 13805 June 8, 2022 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2022 - Off$ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AFFIRMING AND RATIFYING THE CITY MANAGER'S ADMINISTRATIVE ORDER DATED JUNE 6, 2022, ATTACHED AS EXHIBIT "A" AND INCORPORATED HEREIN, DECLARING ZONING IN PROGRESS AND PROHIBITING THE SUBMISSION, PROCESSING, APPROVAL OR ISSUANCE OF ANY NEW BUSINESS TAX RECEIPTS, DEVELOPMENT ORDERS OR PERMITS FOR THE USE OF LAND FOR NEW MEDICAL MARIJUANA DISPENSARY FACILITIES AND PHARMACIES, IN ACCORDANCE WITH CHAPTER 10, SECTION 10-5.4(U) OF THE LAND DEVELOPMENT CODE OF THE CITY OF TAMARAC, FLORIDA; AUTHORIZING AND DIRECTING THE CITY MANAGER TO UNDERTAKE A STUDY OF THESE USES AND CREATE A LONG TERM STRATEGY TO ENSURE ADEQUATE PLACEMENT AND ACCESS TO SUCH USES IN ACCORDANCE WITH THE APPLICABLE FLORIDA STATUTES; PROVIDING THAT UPON THE ADOPTION OF THIS RESOLUTION AFFIRMING THE ADMINISTRATIVE ORDER, NO NEW MEDICAL MARIJUANA DISPENSARY OR PHARMACY APPLICATION SUBMISSIONS WILL BE ACCEPTED DURING THE TIME PERIOD COVERED BY THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, in September 2019, the City Commission of the City of Tamarac adopted new legislation, allowing Medical Marijuana Dispensaries to operate in the City 1 135 1173 19.1 Temporary Resolution No. 13805 June 8, 2022 Page 2 of 5 of Tamarac consistent with the same regulations governing Pharmacies in accordance with Florida Statutes; and WHEREAS, currently, Medical Marijuana Dispensary Facilities and Pharmacies are permitted by right in at least two (2) zoning districts, and could be operated as an incidental use in at least three (3) other zoning districts; and WHEREAS, to date, the City has approved the change of use of two (2) vacant banks to a Medical Marijuana Dispensary use and has fielded at least five (5) other inquires for the conversion of bank buildings and retail spaces to a Medical Marijuana Dispensary use; and WHEREAS, if not reviewed individually, these inquiries could allow forthe approval and conversion of more than seven (7) Medical Marijuana Dispensary Facilities in a City of less than 12 square miles; and WHEREAS, in order to prevent the proliferation of Medical Marijuana Dispensary Facilities and Pharmacies spreading too far, too fast, it is necessary to study the issue to determine the number and locations appropriate for the City of Tamarac; and WHEREAS, the City of Tamarac Comprehensive Plan, Future Land Use Element, Objective 1, requires the City of Tamarac to administer and adopt appropriate Land Development Code revisions, amending them as needed to respond to changing conditions; and WHEREAS, on June 6, 2022, the City Manager signed an Administrative Order instituting a 180-day moratorium on the submission and acceptance of applications for administrative review, land development permits, and building permits for the use of land for new Medical Marijuana Dispensaries and Pharmacies within the City's municipal 2 135 1173 19.1 Temporary Resolution No. 13805 June 8, 2022 Page 3 of 5 boundaries of the City of Tamarac, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference; and WHEREAS, pursuant to Section 10-5.4(U) of the of the Land Development Code of the City Of Tamarac, the City Manager, subject to the confirmation by the City Commission pursuant to this Resolution, has imposed a prohibition on the submission and acceptance of applications for administrative review, land development permits, and building permits for the use of land for new Medical Marijuana Dispensaries and Pharmacies within the City's municipal boundaries for a period of one hundred and eighty (180) days from the date of the Administrative Order; and WHEREAS, such a prohibition for one hundred and eighty (180) days is the minimum reasonable time based upon the time needed to enable the City's professional staff to study the City of Tamarac Code of Ordinances provisions impacted to ensure compliance with local and state laws; and WHEREAS, the City Commission approves of and affirms the City Manager's Administrative Order, and hereby finds that the ratification of same is in the best interest of the citizens and residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Section 1. The foregoing recitals are true and correct, and incorporated herein by this reference and are hereby adopted as the legislative and administrative findings of the City Commission; and all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. 3 135 1173 19.1 Temporary Resolution No. 13805 June 8, 2022 Page 4 of 5 Section 2. Pursuant to Section 10-5.4(U) of the Land Development code of the City of Tamarac ("Zoning in Progress"), the City Commission affirms and ratifies the City Manager's June 6, 2022, Administrative Order prohibiting the submission and acceptance of applications for administrative review, land development permits, and building permits for the use of land for new Medical Marijuana Dispensaries and Pharmacies within the corporate limits of the City of Tamarac. Section 3. The Zoning in Progress shall cease at the earliest of the expiration of one hundred and eighty (180) days from the issuance of the Administrative Order, upon the effectiveness of an Ordinance addressing the subject matter of the Administrative Order, or upon the adoption of a resolution terminating the Zoning in Progress. Section 4. The City Commission directs the City Manager to undertake a study and further create an application process and placement criteria for the number and locations of dispensaries and pharmacies, and other permitting requirements that are not in conflict with State Law or the Florida Department of Health (DOH) rules. Section 5. The City Commission authorizes and directs the appropriate City Officials to do all things necessary and expedient to effectuate the intent of this Resolution. Section 6. This Resolution shall become effective immediately upon its passage and adoption. THIS PORTION OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 4 135117319.1 Temporary Resolution No. 13805 June 8, 2022 Page 5 of 5 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS 22nd DAY OF JUNE 2022 ATTEST: KIMBERLY IL_LON, CMC ACTING CITY CLERK 1116 " J-41 - MIC ELLE J. GOMEZ MAYOR RECORD OF COMMISSION VOTE MAYOR GOMEZ y6s DIST 1: COMM. BOLTON NO DIST 2: V/M GELINS DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO _�jes APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. ram.- u u This Resolution was filed in the Office of the City Clerk on this day of June 2022. 5 135 1173 19.1 CITY OF TAMARAC, FLORIDA ADMINISTRATIVE ORDER ORDER DECLARING ZONING IN PROGRESS AND PROHIBITING THE SUBMISSION, PROCESSING, APPROVAL OR ISSUANCE OF ANY NEW BUSINESS TAX RECEIPTS, DEVELOPMENT ORDERS OR PERMITS FOR THE USE OF LAND FOR NEW MEDICAL MARIJUANA DISPENSARY FACILITIES AND PHARMACIES IN THE CITY OF TAMARAC. BACKGROUND In 2014, the Florida Legislature approved Senate Bill 1030, providing for the growing, processing, and distributing of specific forms of low-THC (non -euphoric) cannabis to qualified patients for the treatment of listed medical conditions, which is codified as Section 381.986, Florida Statutes ("Senate Bill 1030"). The Florida Department of Health adopted Chapter 64-4 of the Florida Administrative Code to implement Senate Bill 1030. In 2016, the Florida Legislature approved House Bill 307, which amended Senate Bill 1030 and provided for the growing, processing, and distributing of specific forms of medical (euphoric) cannabis to qualified patients for the treatment of listed medical conditions, which became effective on March 25, 2016, and is codified at Sections 381.986 and 499.0295, Florida Statutes ("House Bill 307"). In November 2016, Florida voters voted to approve an amendment to the Florida Constitution to allow for broader medical use of marijuana ("Amendment 2"). Amendment 2 became effective on January 3, 2017. Section 381.986, Florida Statutes remains in effect and the Florida Department of Health ("DOH"), physicians, dispensing organizations, and patients are still bound by it. Following Amendment 2's effective date, the DOH issued promulgated rules which currently governs the implementation of the Amendment. In September 2019, the City Commission of the City of Tamarac adopted new legislation, allowing Medical Marijuana Dispensaries to operate in the City of Tamarac consistent with the same regulations governing Pharmacies in accordance with Florida Statutes. Currently, Medical Marijuana Dispensary Facilities and Pharmacies are permitted by right in at least 2 zoning districts, and could be operated as an incidental use in at least 3 other zoning districts. To date, the City has approved the change of use of two (2) vacant banks to a Medical Marijuana Dispensary use and have fielded at least five (5) other inquires for the conversion of bank buildings and retail spaces to a Medical Marijuana Dispensary use. If not reviewed individually, these inquiries could allow for the approval and conversion of more than seven (7) Medical Marijuana Dispensary Facilities in a City of less than 12 square miles. Page 1 of 2 In order to prevent the proliferation of Medical Marijuana Dispensary Facilities and Pharmacies spreading too far, too fast, it is necessary to study the issue to determine the number and locations appropriate for the City of Tamarac. It is therefore necessary and, in the public's, best interest to study these uses and create a long-term strategy to ensure adequate placement and access to such uses and services are provided. The "zoning in progress" is intended to allow staff sufficient time to study the provision and location of these uses to ensure that there is a balance between the existing residential uses and the projected demand for the location of Medical Marijuana Dispensaries and Pharmacies, and to further create an application process and placement criteria for the number and locations of dispensaries and pharmacies, and other permitting requirements that are not in conflict with State Law or the DOH rules. ORDER Pursuant to Chapter 10, Section 10-5.4(U) of the Code of Ordinances of the City of Tamarac, Florida, the City Manager hereby issues an Administrative Order declaring "Zoning in Progress" on the submission and acceptance of applications for administrative review, land development permits, and building permits for the use of land for new Medical Marijuana Dispensaries and Pharmacies within the City's municipal boundaries. All previously submitted applications pending at the time of the effective date of the Zoning in Progress is hereby exempt. Furthermore, the City Manager declares "Zoning in Progress" for a period of one hundred and eighty (180) days from the date of this Administrative Order to allow Staff to study the provision and location of these uses to ensure that there is a balance between the existing residential uses and the projected demand for the location of dispensaries and pharmacies located within the City of Tamarac; providing that the Administrative Order shall be complied with by all city personnel and shall be effective immediately upon execution, subject to affirmation by resolution of the City Commission, unless reversed, modified or superseded by resolution passed by the City Commission. In accordance with Section 10-5.4(U) of the City of Tamarac Code of Ordinances, this matter shall be placed on the next available City Commission agenda of June 22, 2022, for review and adoption of a Resolution confirming this administrative order. Effective date: June 6, 2022 Expiration date: November 28, 2022 Contact: Maxine Calloway, Director Community Development Department Planning and Zoning Division (954) 597-3530 Approved by: City of Tamarac, Florida Page 2 of 2