HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-002Temp. Ord. #2521
February 22, 2023
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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
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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
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February 22, 2023
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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
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February 22, 2023
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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
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February 22, 2023
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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
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February 22, 2023
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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.
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February 22, 2023
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(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
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February 22, 2023
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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
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February 22, 2023
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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
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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.
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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, 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
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