HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-016 Amending Table 10-3.1 "Allowed Uses" to permit Medical Marijuana in the MU-N & NC Zoning DistrictsTemp. Ord. #2507
September 14, 2022
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2022 - 0/65,
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 10, ARTICLE 3, OF
THE CITY OF TAMARAC LAND DEVELOPMENT CODE,
ENTITLED "USE REGULATIONS", AMENDING SECTION 10-3.2,
ENTITLED "TABLE OF ALLOWED USES", LIFTING ZONING IN
PROGRESS ON MEDICAL MARIJUANA DISPENSARY
FACILITIES AND PHARMACIES BY SPECIFICALLY AMENDING
TABLE 10-3.1, ENTITLED "ALLOWED USES" TO PERMIT
MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES IN
THE MU-N (MIXED USE NEIGHBORHOOD) AND NC
(NEIGHBORHOOD COMMERCIAL) ZONING DISTRICTS,
SUBJECT TO SPECIAL EXCEPTION APPROVAL; PROVIDING
FOR CODIFICATION; 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
("City") 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 November 2016, Florida voters voted to approve an amendment
to the Florida Constitution to allow for broader medical use of marijuana ("Amendment
2") which became effective on January 3, 2017; and
WHEREAS, on June 23, 2017, Governor Rick Scott signed Senate Bill 8-A,
substantially amending Section 381.986, Florida Statutes, allowing municipalities to
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either ban Medical Marijuana Dispensaries or regulate them in the same manner as
Pharmacies; and
WHEREAS, after the amendment of Senate Bill 8-A, the City implemented a
series of measures including instituting an extended zoning in progress period, and a
temporary ban to allow Staff an opportunity to determine how best to regulate Medical
Marijuana Dispensaries and Pharmacies given the new legislation; and
WHEREAS, in September 2019, the City Commission of the City of Tamarac
adopted new legislation, amending the "Allowed Uses" table in Section 10-3.2 allowing
Medical Marijuana Dispensaries to operate in the City of Tamarac consistent with the
same regulations governing pharmacies in accordance with Florida Statutes; and
WHEREAS, more recently the City has received an influx of Medical Marijuana
Dispensary use inquiries which have resulted in the reuse of at least two (2) drive -
through bank facilities to accommodate the operation of Medical Marijuana
Dispensaries and proposed the redevelopment of at least five (5) more commercial
structures for the same; and
WHEREAS, as a result, on June 6, 2022, pursuant to Chapter 10, Section 10-
5.4(U) of the Code of Ordinances of the City of Tamarac, Florida, the City Manager
issued 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; and
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WHEREAS, the Zoning in Progress was enacted for a period of one hundred and
eighty (180) days from the date of the Order to allow Staff time to study the provision
and location of these uses to ensure adequate placement and access to such uses
throughout the City and the prevent the clustering of the uses in one geographic area;
and
WHEREAS, to date, there are seventeen (17) actively licensed pharmacies in the
City of Tamarac of which three (3) are known as Medical Marijuana Dispensary
Facilities; and
WHEREAS, if not reviewed individually, the existing provisions for these uses
could allow for the approval and conversion of several commercial facilities into Medical
Marijuana Dispensaries clustered along the City's main corridors; and
WHEREAS, upon review of the City's Official Zoning Map and "Allowed Uses"
table in the Land Development Code, Staff determined that the best mechanism by
which to effectively regulate the operation and placement of Medical Marijuana
Dispensary Facilities and Pharmacy uses in the City would be through the individualized
review of the Special Exception process; and
WHEREAS, per Section, 10-5.4(G) the purpose of a Special Exception is to
provide for individualized review of certain uses that —due to their nature, relationship to
the Comprehensive Plan, and potential adverse impacts on surrounding areas —
require special consideration of their location, design, and methods of operation, as well
as the imposition of conditions to mitigate concerns, before they can be deemed
appropriate in a zoning district and compatible with their surroundings; and
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WHEREAS, Medical Marijuana Dispensary Facilities and Pharmacies meet the
aforementioned criteria as it is imperative to determine their potential impact on the
surrounding environment and the public at large prior to their placement and operation;
and
WHEREAS, the City's adopted Comprehensive Plan, Future Land Use Element,
Objective 1 requires the City to administer and adopt appropriate land development
code revisions, amending them as needed to respond to changing conditions; and
WHEREAS, Staff is recommending that the current Zoning in Progress be lifted,
and Section 10-3.2, Table 10-3.1 entitled "Allowed Uses" be amended to reflect
"Pharmacy" and "Medical Marijuana Dispensary Facility" uses in the MU-N (Mixed Use
Neighborhood) and NC (Neighborhood Commercial) zoning districts subject to Special
Exception (SE) approval and allow the uses to remain as an Incidental or Accessory (A)
use in the MU-C (Mixed Use Commercial), MU-G (Mixed Use General) and BP
(Business Park) zoning districts; and
WHEREAS, the Director of Community Development recommends approval of
the ordinance; and
WHEREAS, this item also supports the City's Strategic Plan, Goal #4 "Tamarac
is Vibrant" by addressing the regulation of nonresidential uses and their impact on the
surrounding community; and
WHEREAS, the Planning Board, at their August 3, 2022 meeting voted 4-1 to
forward a favorable recommendation to the City Commission to consider the lifting of
Zoning in Progress on "Medical Marijuana Dispensaries" and "Pharmacies" and amend
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Chapter 10, Article 3, Section 10-3.2, entitled "Table of Allowed Uses" of the City's Code
of Ordinances to permit Medical Marijuana Dispensary Facilities and Pharmacies in the
MU-N (Mixed Use Neighborhood) and NC (Neighborhood Commercial) Zoning Districts
subject to Special Exception approval, on First Reading at its August 24, 2022 meeting
and on Second Reading at its September 14, 2022 meeting; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the business owners, residents, and visitors of the City of Tamarac to
amend Chapter 10, Article 3, Section 10-3.2, entitled "Table of Allowed Uses" of the
City's Code of Ordinances to permit Medical Marijuana Dispensary Facilities and
Pharmacies in the MU-N (Mixed Use Neighborhood) and NC (Neighborhood
Commercial) Zoning Districts subject to Special Exception approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:'
Section 1: The foregoing recitals are true and correct and hereby adopted as
the legislative and administrative findings of the City Commission; all exhibits attached
hereto are incorporated herein and made a specific part of this Ordinance.
Section 2: Chapter 10, Article 3, Section 10-3.2 entitled "Table of Allowed
Uses", of the City of Tamarac Land Development Code, specifically Table 10-3.1, is
hereby amended as follows:
10-3.2 - Table of Allowed Uses
1/ Additions to existing text are shown by underline, changes to existing text on
second reading are shown by double underline, and deletions are shown as
strikethroug#.
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Table 10-3.1: Allowed Uses, lists the uses allowed within all
base zoning districts. Each listed use is defined in Article
10-6, Rules of Interpretation and Definitions.
(A) Table Abbreviations
(1) Permitted Uses "P" in a cell in Table 10-3.1:
Allowed Uses, indicates that the use is allowed by right.
Permitted uses are subject to all other applicable
regulations of this Code, including the use -specific
standards in §10-3.3, Use -Specific Standards , the
dimensional standards in Article 2: Zoning District, and the
requirements of Article 4: Development and Design
Standards. Permitted uses may be approved pursuant to
the applicable procedures under Article 5: Administration.
(2) Special Exception Uses "SE" in a cell in
Table 10-3.1: Allowed Uses, indicates that the use is
allowed in the respective zoning district only if reviewed and
approved in accordance with the procedures of §10-
5.4(G), Special Exception . Special exception uses are
subject to all other applicable regulations of this Code,
including the use -specific standards in §10-3.3, Use -
Specific Standards, the dimensional standards in Article
2 Zoning Districts, and the requirements of Article
4: Development and Design Standards.
(3) Prohibited Uses. A blank cell in Table 10-3.1:
Allowed Uses, indicates that the land use is prohibited in
that zoning district.
(4) Accessory Uses "A" in a cell in Table 10-3.1:
Allowed Uses, indicates that the land use is allowed in that
zoning district only if it is incidental and subordinate to a
permitted primary use of the land in that district (i.e., a P or
SE use that has been approved for the site), and subject to
compliance with the applicable standards in §10-
3.4, Accessory Uses and Structures.
(5) Temporary Uses "T" in a cell in Table 10-3.1:
Allowed Uses, indicates that the use is permitted in that
zoning district for a temporary amount of time and only after
approval of a Temporary Use Permit (§10-5.4(K)) and
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subject to compliance with the applicable standards in §10-
3.5, Temporary Uses and Structures.
(B) Use Categorization. In Table 10-3.1: Allowed Uses,
land uses and activities are classified into general "use
categories" and specific "use types" based on common
functional, product, or physical characteristics such as the
type and amount of activity, the type of customers or
residents, how goods or services are sold or delivered, and
site conditions. This classification provides a systematic
basis for assigning present and future land uses into
appropriate zoning districts. This classification does not list
every use or activity that may appropriately exist within the
categories. Certain uses may be listed in one category
when they may reasonably have been listed in one or more
other categories. The use categories are intended merely
as an indexing tool and are not regulatory.
(C) Use -Specific Standards. Regardless of whether a
use is allowed by right or as a special exception, additional
standards may be applicable to the use. Use -specific
standards are noted through a cross-reference in the last
column of the table. Cross-references refer to §10-3.3, Use -
Specific Standards . These standards apply in all districts
unless otherwise specified.
(D) Use for Other Purposes Prohibited. Approval of a
use listed in Table 10-3.1: Allowed Uses, and compliance
with the applicable use -specific standards for that use
authorizes that use only. Development or use of a property
for any other use not specifically allowed in Table 10-3.1:
Allowed Uses, and approved under the appropriate process
is prohibited.
(E) Classification of New and Unlisted Uses. When
application is made for a use category or use type that is
not specifically listed in Table 10-3.1, the following
procedure shall be followed:
(1) The Director shall provide an interpretation as
to the use category and/or use type into which such use
should be placed. In making such interpretation, the
Director shall consider its potential impacts, including but
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not limited to: the nature of the use and whether it involves
dwelling activity; sales; processing; type of product, storage
and amount, and nature thereof; enclosed or open storage;
anticipated employment; transportation requirements; the
amount of noise, odor, fumes, dust, toxic material, and
vibration likely to be generated; and the general
requirements for public utilities such as water and sanitary
sewer. When considering an unlisted use in any zoning
district as part of an interpretation, the Director shall also
determine whether additional use -specific standards are
necessary in addition to the standards in this Code.
(2) Any such interpretation shall be made
available to the public and shall be binding on future
decisions of the City until the Director makes a different
interpretation, or this Development Code is amended to
treat the use differently.
(3) On interpreting an unlisted use as allowed in a
zoning district, and finding that the use is likely to be
common or would lead to confusion if it remains unlisted,
the Director may initiate an application for a text
amendment to this Code in accordance with §10-5.4(D) ,
Amendment to Text of Development Code, to list the use in
Table 10-3.1: Allowed Uses, as a permitted use or special
exception use, as appropriate. Until final action is taken on
the amendment application, the interpretation of the
Director shall be binding.
(F) Multiple Principal Uses
(1) A development may include a single principal
use with one or more accessory uses that are customarily
incidental and subordinate to the principal use (e.g., home
occupation as accessory to a dwelling, or administrative
offices as accessory to a school or manufacturing use).
(2) A development may also include multiple
principal uses, none of which is necessarily customarily
incidental or subordinate to another principal use (e.g., a
place of worship combined with a school, a gas station
combined with a convenience store, restaurant, or
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automotive repair use, or a flex building housing retail,
industrial service, and warehousing tenants).
(3) A development with multiple principal uses
shall include only those principal uses designated in the
use tables as allowed in the applicable zoning district, and
each principal use shall be subject to any use -specific
standards applicable to the use.
(G) Licenses and Permits Required. All uses required
by the State of Florida or the federal government to have an
approval, license, or permit to operate issued by the State
or by another public, quasi -public, or regulatory agency are
required by the City of Tamarac to obtain and maintain
such approval, license, or permit at all times.
(H)Table of Allowed Uses
Table 10-3.1
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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NMI 1;
1111
Retail Sales
Bulk pool
P
P
10-3.3(D)(6)
chemical sales
Equipment sales
P
P
and repair, heavy
Farmer's market,
P
P
P
P
T
outdoor
Medical
P
A
A
P
A
10-
Marijuana
SE
SE
3.3(D)(15)
Dispensary
Nursery
Pawn shop
Personal and
P
P
P
P
P
i0
household goods
3.3(D)(12)
repair
Pharmacy
P
A
A
P
A
SE
SE
Print shop
P
P
P
P
Retail sales,
P
P
P
P
P
P
A
A
10-
generai: < 10,000
3.3(D)(15)
sq. ft.
Retail sales,
P
P
P
P
10-
general: >_10,000
3.3(D)(15)
sq. ft.
Thrift,
A
SE
A
consignment,
and used
merchandise
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Section 3: All Ordinances or parts of Ordinances, Resolutions, or parts thereof
in conflict herewith, be and the same are hereby repealed to the extent of such conflict.
Section 4: It is the intention of the City Commission of the City of Tamarac,
Florida that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this
Ordinance may be renumbered, re -lettered and the word "Ordinance" may be changed
to "Section," "Article" or such other word or phrase in order to accomplish such intention.
Section 5: Should any section, provision, paragraph, sentence, clause of word
of this Ordinance or portion hereof be held or declared by any court of competent
jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered
as eliminated and shall not affect the validity of the remaining portions or applications of
this Ordinance.
Section 6: This Ordinance shall become effective upon adoption.
"The remainder of this page has been left blank intentionally"
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PASSED, FIRST READING this a4 day of Aucfy S�
2022.
PASSED, SECOND READING this �LfTk day of�'�"��
2022.
J ,
MIC ELLE J. GOM
MAYOR
RECORD OF COMMISSION VOTE: 1 ST Reading
MAYOR GOMEZ
DIST 1: COMM BOLTON�Io
DIST 2: VM GELIN
DIST 3: COMM VILLALOBOS
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ y�S
DIST 1: COMM. BOLTON
DIST 2: VM GELIN Y
DIST 3: COMM VILLALOBOS tjo
DIST 4: COMM. PLACKO � e-S
ATTEST:
KIMEERI t DiLLON, CMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THE CITN� OF TAMARAC ONLY:
JOH JR.
CI ATITORNEY
This Ordinance was filed in the Office of the City Clerk on this day of 2022.
136383 151.2
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,
Cathleen Gunn, City Manager
City of Tamarac, Florida
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