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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 Page 1 of 12 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 136383151.2 Temp. Ord. #2507 September 14, 2022 Page 2 of 12 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 136383151.2 Temp. Ord. #2507 September 14, 2022 Page 3 of 12 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 136383151.2 Temp. Ord. #2507 September 14, 2022 Page 4 of 12 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 136383 15 1.2 Temp. Ord. #2507 September 14, 2022 Page 5 of 12 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#. 136383151.2 Temp. Ord. #2507 September 14, 2022 Page 6 of 12 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 136383 15 1.2 Temp. Ord. #2507 September 14, 2022 Page 7 of 12 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 136383151.2 Temp. Ord. #2507 September 14, 2022 Page 8 of 12 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 136383151.2 Temp. Ord. #2507 September 14, 2022 Page 9 of 12 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] 136383151.2 Temp. Ord. #2507 September 14, 2022 Page 10 of 12 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 136383151.2 Temp. Ord. #2507 September 14, 2022 Page 11 of 12 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" 136383 15 1.2 Temp. Ord. #2507 September 14, 2022 Page 12 of 12 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 Page 2 of 2