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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-002Temp. Ord. #2521 February 22, 2023 Page 1 of 10 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2023 - OOa— AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA TERMINATING THE ZONING IN PROGRESS ON NEW MEDICAL MARIJUANA DISPENSARY FACILITIES BY 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", BY SPECIFICALLY AMENDING TABLE 10-3.1, ENTITLED "ALLOWED USES" TO PROHIBIT MEDICAL MARIJUANA DISPENSING FACILITIES IN ALL ZONING DISTRICTS BY INSTITUTING A BAN WITHIN THE BOUNDARIES OF THE CITY OF TAMARAC IN ACCORDANCE WITH FLORIDA STATUTES 381.986(11); PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section (1)(f) of the Florida Constitution and Section 125.01, Florida Statutes, grant local municipalities broad home rule authority to adopt ordinances to provide for health, safety, and welfare of the general public; and WHEREAS, the City of Tamarac has adopted a local Code of Ordinances, which serves as the regulatory document outlining the establishment and operation of land uses within the municipality; and WHEREAS, the City has duly established land development regulations contained in the Land Development Code, Chapter 10 of the City of Tamarac Code of Ordinances; and WHEREAS, on June 23, 2017, Governor Rick Scott signed Senate Bill 8-A, substantially amending Section 381.986, Florida Statutes, allowing municipalities to Temp. Ord. #2521 February 22, 2023 Page 2 of 10 either ban Medical Marijuana Dispensaries or regulate them in the same manner as Pharmacies; 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, the City has approved four (4) Medical Marijuana Dispensaries, within a 2-mile area along the City's major corridors; and WHEREAS, the City continues to receive inquiries regarding the development of additional Medical Marijuana Dispensary Facilities and is processing a fifth (5th) application for Special Exception approval of the use; and WHEREAS, if five (5) Medical Marijuana Dispensaries are allowed to be located within its municipal borders, Tamarac would have the 2nd highest number of dispensaries in Broward County despite its smaller population and geographic size when compared to other local municipalities; and WHEREAS, at the January 11, 2023 City Commission meeting, Staff received feedback from the City Commission that the continued expansion of Medical Marijuana Dispensary uses could potentially pose a deleterious effect on other development within the City and that it is believed that Tamarac has reached sufficient capacity for the location of Medical Marijuana uses and directed staff to institute Zoning in Progress on Medical Marijuana Dispensary uses; and WHEREAS, the City has implemented Zoning in Progress for Medical Marijuana uses consistent with the City Manager's Administrative Order which became effective Temp. Ord. #2521 February 22, 2023 Page 3 of 10 on January 12, 2023 and now desires to institute a ban on the establishment of new Medical Marijuana uses within the City in accordance with the authority provided under Section 381.986(11), Florida Statutes by prohibiting the use in every zoning district; and WHEREAS, Staff is recommending that Section 10-3.2, Table 10-3.1 entitled "Allowed Uses" be amended to reflect the prohibition of "Medical Marijuana Dispensary Facility" in every zoning district effectively banning the development of any additional Medical Marijuana Dispensaries within the City of Tamarac; and WHEREAS, Section 381.986(11), Florida Statutes provides that "a county or municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities (MMTC) from being located within the boundaries of that county or municipality"; and WHEREAS, the City Commission, pursuant to the authority provided to the City in Section 381.986(11), Florida Statutes, desires to enact such a ban which will prohibit MMTCs from establishing dispensaries within the municipal limits of the City of Tamarac; 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, the continued and disproportionate distribution of Medical Marijuana uses within the City warrant a response to these changing conditions to prevent further proliferation of the use in a concentrated manner within the City of Tamarac; and WHEREAS, the Director of Community Development recommends approval of the ordinance; and Temp. Ord. #2521 February 22, 2023 Page 4 of 10 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 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 prohibit medical marijuana dispensing facilities in all zoning districts by instituting a ban within the boundaries of the City of Tamarac in accordance with Florida Statutes 381.986(11). 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 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 Temp. Ord. #2521 February 22, 2023 Page 5 of 10 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 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 Temp. Ord. #2521 February 22, 2023 Page 6 of 10 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 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. Temp. Ord. #2521 February 22, 2023 Page 7 of 10 (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 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 Temp. Ord. #2521 February 22, 2023 Page 8 of 10 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 COMMERCIAL i Retail Sales Bulk pool P P li► chemical sales 3.3(D)(6) Equipment sales P P and repair, heavy Farmer's market, P P P P T outdoor Medical SE A A SE A 10- Marijuana 3.3(D)(15) Dispensary Nursery Pawn shop Personal and P P P P P 10- household goods 3.3(D)(12) repair 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 Temp. Ord. #2521 February 22, 2023 Page 9 of 10 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. [INTENTIONALLY LEFT BLANK] Temp. Ord. #2521 February 22, 2023 Page 10 of 10 PASSED, FIRST READING this g day of , 2023. PASSED, SECOND READING this V" day of i5 (6PA '%ZL 2023. AMICELLE J. GOM_EZV MAYOR RECORD OF COMMISSION VOTE: 1ST Reading MAYOR GOMEZ �J DIST 1: V/M BOLTON DIST 2: COMM WRIGHT DIST 3: COMM VILLALOBOS f' DIST 4: COMM. DANIEL ���— RECORD OF COMMISSION VOTE: 2ND Reading MAYOR GOMEZ �} DIST 1: V/M. BOLTON DIST 2: COMM. WRIGHT �� DIST 3: COMM VILLALOBOS DIST 4: COMM. DANIEL — ATTEST: 9 KIMBERLY DILLON, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY: Fi�.W OTTINOT CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk on this Vaday of "2023. 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. 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. Page 1 of 2 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, 202-3 Expiration date: March 12, 2023 Contact: Maxine Calloway, Director Community Development Department Planning and Zoning Division (954)597-3530 thleen Gunn, City Manager City of Tamarac, Florida Page 2 of 2