HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-068 Administrative Order Zoning in Progress for New Medical Marijuana FacilitiesTemporary Resolution No. 13805
June 8, 2022
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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
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Temporary Resolution No. 13805
June 8, 2022
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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
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Temporary Resolution No. 13805
June 8, 2022
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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.
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Temporary Resolution No. 13805
June 8, 2022
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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.
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Temporary Resolution No. 13805
June 8, 2022
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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.
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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.
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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
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