HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-010Temporary Resolution No. 13890
January 25, 2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2023 - 010
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AFFIRMING AND RATIFYING THE CITY
MANAGER'S ADMINISTRATIVE ORDER DATED JANUARY 12, 2023,
ATTACHED HERETO 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, IN ACCORDANCE WITH CHAPTER 10,
SECTION 10-5.4(U) OF THE CITY OF TAMARAC CODE OF
ORDINANCES; AUTHORIZING AND DIRECTING THE CITY MANAGER
TO UNDERTAKE A STUDY OF THE USE, ASSESS THE EXISTING
APPLICATION PROCESS AND PLACEMENT WHERE APPROPRIATE
AND CONSIDER OTHER OPTIONS AVAILABLE FOR MUNICIPALITIES
UNDER FLORIDA STATUTES CHAPTER 381.986 ; PROVIDING THAT
UPON THE ADOPTION OF THIS RESOLUTION AFFIRMING THE
ADMINISTRATIVE ORDER, NO NEW MEDICAL MARIJUANA
DISPENSARY APPLICATIONS WILL BE ACCEPTED DURING THE TIME
PERIOD COVERED BY THIS RESOLUTION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, 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, and
WHEREAS, currently, Medical Marijuana Dispensary Facilities and Pharmacies
are permitted as special exception in two (2) zoning districts, and could be operated as
an incidental use in three (3) other zoning districts; and
WHEREAS, to date, the City has four (4) Marijuana Dispensaries in operation, which
includes the most recent one (1) that was approved by the City Commission by special exception
on December 14, 2022. In addition, the Community Development Department has a pending
Application for Special Exception consideration that has been noticed and will be heard by the
Temporary Resolution No. 13890
January 25, 2023
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Planning Board on February 1, 2023 and the City Commission on February 22, 2023. If this
application is approved by the City Commission, the City will have five (5) Medical Marijuana
Dispensaries within an area of 2 miles; and
WHEREAS, in order to prevent the clustering and proliferation of Medical
Marijuana Dispensary Facilities citywide, 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 January 12, 2023 the City Manager signed an Administrative Order
instituting a 60-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 within the City's municipal 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 City of Tamarac Code of
Ordinances, 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 within the City's municipal
boundaries for a period of sixty (60) days from the date of the Administrative Order; and
WHEREAS, such a prohibition for sixty (60) days is the minimum reasonable time
needed to enable the City's professional staff to study the City of Tamarac Code of
Temporary Resolution No. 13890
January 25, 2023
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Ordinances provisions impacted and develop a proposal to amend the Code in a way that
may preclude permits and approvals of the use in certain locations in the City; 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 "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution; all exhibits referenced and attached hereto are incorporated herein and made
a specific part of this resolution.
Section 2. That pursuant to Section 10-5.4(U) of the City of Tamarac Code of
Ordinances, ("Zoning in Progress"), the City Commission affirms and ratifies the City
Manager's January 12, 2023, 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 within the
corporate limits of the City of Tamarac.
Section 3. The Zoning in Progress shall cease at the earliest of the expiration
of sixty (60) 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.
Temporary Resolution No. 13890
January 25, 2023
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Section 4. That the City Commission hereby directs the City Manager to
undertake a study of the issue and develop a proposal to amend the Code in a way that
may preclude permits and approvals of the use in certain locations in the City.
Section 5. The City Commission hereby authorizes and directs the appropriate
City Officials to do whatever is necessary and expedient to effectuate the intent of this
Resolution.
Section 6. This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this aS't-` day of January 2023.
ATTEST:
KIMBERL DILLON, CMC
CITY CLERK
MICH LLE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE
MAYOR GOMEZ:
yes
DIST 1:
V/M BOLTON
DIST 2:
COMM. WRIGHT
DIST 3:
COMM. VILLALOBOS
DIST 4:
COMM. DANIEL
y
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIA E CITY OF TAMARAC ONLY.
HA NS TIN &T
CITY ATTORNEY
CITY OF TAMARAC, FLORIDA
ADMINISTRATIVE ORDER
ORDER DECLARING ZONING IN PROGRESS AND INSTITUTING A SIXTY (60) DAY
MORATORIUM ON 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 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 as special exception in two (2) zoning districts and could be
operated as an incidental use in three (3) other zoning districts. To date, the City has four (4) Marijuana
Dispensaries in operation, which includes the most recent one (1) that was approved by the City
Commission by special exception on December 14, 2022. In addition, the Community Development
Department has a pending Application for Special Exception consideration that has been noticed and will
be heard by the Planning Board on February 1, 2023 and the City Commission on February 22, 2023. If
this application is approved by the City Commission, the City will have five (5) Medical Marijuana
Dispensaries within an area of 2 miles.
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In order to prevent the clustering and proliferation of Medical Marijuana Dispensary Facilities citywide,
it is necessary to study the issue and develop a proposal to amend the Code in a way that may preclude
permits and approvals of the use in certain locations in the City. Any authorization or approval of
Medical Marijuana Dispensary use before the proposed amendment is decided may be detrimental to
the public interest.
It is therefore necessary and, in the public's, best interest to study this use and create a long-term
strategy that ensures adequate placement and access to such use and service is provided. The "zoning in
progress" is intended to allow staff sufficient time to study the provision and location of this use to
ensure that there is a balance between the existing residential uses and the projected demand for the
location of Medical Marijuana Dispensaries, and to further assess the existing application process and
placement criteria if appropriate as well as consider other options available for municipalities under
Florida Statutes Chapter 381.986 .
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 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 sixty (60) days from the date of this Administrative Order to allow Staff to study the provision and
location of this use to ensure that there is a balance between the existing residential uses and the
projected demand for the location of dispensaries 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 January 25, 2023 for review and adoption of a
Resolution confirming this administrative order.
Effective date: January 12, 2023
Expiration date: March 12, 2023
Contact: Maxine Calloway, Director
Community Development Department
Planning and Zoning Division
(954) 597-3530
athleen Gunn, City Manager
City of Tamarac, Florida
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