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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-004Temp. Reso. No. 12897 December 28, 2016 Page 1 of 5 CITY OF TAMARAC, FLORIDA .�I RESOLUTION NO. R2017 - / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, CONFIRMING AND RATIFYING THE CITY MANAGER'S ADMINISTRATIVE ORDER DATED DECEMBER 13, 2016, ATTACHED HERETO AS EXHIBIT 1" AND INCORPORATED HEREIN, DECLARING ZONING IN PROGRESS AND PROHIBITING THE SUBMISSION, PROCESSING, APPROVAL OR ISSUANCE OF ANY NEW LICENSES, BUSINESS TAX RECEIPTS, DEVELOPMENT ORDERS OR PERMITS FOR ANY USE THAT INVOLVES THE CULTIVATION, PROCESSING, DISPENSING OR RETAIL SALE OF CANNABIS WITHIN THE CITY OF TAMARAC, IN ACCORDANCE WITH CHAPTER 24, ARTICLE II, DIVISION 6, SECTION 24-91 OF THE CITY OF TAMARAC CODE OF ORDINANCES; AUTHORIZING AND DIRECTING THE CITY MANAGER TO UNDERTAKE STUDY AND REVIEW OF THE CITY'S REGULATIONS RELATING TO THE NUMBER AND LOCATIONS OF USES THAT INVOLVE THE CULTIVATION, PROCESSING, DISPENSING OR RETAIL SALE OF CANNABIS IN THE CITY OF TAMARAC ; PROVIDING THAT UPON THE ADOPTION OF THIS RESOLUTION CONFIRMING THE ADMINISTRATIVE ORDER, NO PERMITS SHALL BE ISSUED FOR ANY USE THAT INVOLVES THE CULTIVATION, PROCESSING, DISPENSING OR RETAIL SALE OF CANNABIS DURING THE TIME PERIOD COVERED BY THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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 certain medical conditions codified as Section 381.986, Florida Statutes ("Senate Bill 1030"); and WHEREAS, 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 certain medical conditions codified at Sections 391.986 and 499.0295, Florida Statutes ("House Bill 307"); and Temp. Reso. No. 12897 December 28, 2016 Page 2 of 5 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"), and WHEREAS, the approval of Amendment 2 to the Florida Constitution provides for an effective date of January 3, 2017; and WHEREAS, Section 381.986(8) F.S. provides that all matters regarding the regulation of the cultivation and processing of medical cannabis by dispensing organizations/facilities are preempted to the state; and WHEREAS, the state's Department of Health (DOH) has been directed to promulgate rules to implement Amendment 2 within six (6) months, and to implement such regulations within nine (9) months; and WHEREAS, the state's Department of Health regulations have not been established for the cultivation and processing of medical cannabis by dispensing organizations/facilities; and WHEREAS, the City's ability to regulate marijuana dispensaries is limited by Department of Health regulations; and WHEREAS, Section 381.986(8) F.S. provides that a municipality may determine by ordinance the criteria for the number and location of, and other permitting requirements that do not conflict with state law or DOH rules for, dispensing facilities located within its municipal boundaries, and WHEREAS, the City Manager and the City's professional staff continuously monitors and reviews the City's Comprehensive Plan and Land Development Regulations to ensure appropriate development in the City, and from time to time recognizes the need to study and amend aspects of the same; and Temp. Reso. No. 12897 December 28, 2016 Page 3 of 5 WHEREAS, it appears to the City Manager that the existing zoning districts and regulations is not sufficient in content and may be detrimental to the public interest if not studied and improved; and WHEREAS, on December 13, 2016, the City Manager signed an Administrative Order instituting "Zoning in Progress" in order to study the City's ability to regulate cannabis dispensaries within the City, a copy of which is attached hereto as Exhibit 1", and incorporated herein by reference; and WHEREAS, pursuant to Section 24-91 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, processing, approval or issuance of any new licenses, business tax receipts, development orders or permits for any use that involves the cultivation, processing, dispensing or retail sale of cannabis within the City of Tamarac's corporate boundaries for a period of one hundred and eighty (180) days from the date of the Administrative Order; and WHEREAS, such a prohibition for one hundred and eighty (180) days is the minimum reasonable time based upon the time needed to enable the City's professional staff to properly study the issues associated with the placement, number and locations of dispensaries, and other permitting requirements that are not in conflict with State Law or the Department of Health rules; ; and WHEREAS, the City Commission approves of and confirms 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. Temp. Reso. No. 12897 December 28, 2016 Page 4 of 5 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 24-91 of the City of Tamarac Code of Ordinances, ("Zoning in Progress"), the City Commission confirms and ratifies the City Manager's December 13, 2016, Administrative Order prohibiting the submission, processing, approval or issuance of any new licenses, business tax receipts, development orders or permits for any use that involves the cultivation, processing, dispensing or retail sale of cannabis within the corporate limits of the City of Tamarac. Section 3. The Zoning in Progress shall cease at the earliest of the expiration of one hundred and eighty (180) 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. Section 4. That the City Commission hereby directs the City Manager to study and review regulations governing uses that involve the cultivation, processing, dispensing or retail sale of cannabis within the City of Tamarac. Section 5. The City Commission hereby authorizes and directs the appropriate City Officials to do all things necessary and expedient to effectuate the intent of this Resolution. Section 6. and adoption. Temp. Reso. No. 12897 December 28, 2016 Page 5 of 5 This Resolution shall become effective immediately upon its passage PASSED AND ADOPTED B FLORIDA THIS l/ ATTEST: DAY OF Qi PATRICIA TEUFEL, C C CITY CLERK Y THE CITY COMMISSION d-n"4z ` 2017. I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: SAMUEL S. GOREN, CITY ATTORNEY 1 OF THE CITY OF TAMARAC, CITY OF TAM RAC FLORIDA HAR Y DRESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM GOMEZ DIST 3: COMM. FISHMAN DIST 4: VM. PLACKO CITY OF TAMARAC, FLORIDA ORDER DECLARING ZONING IN PROGRESS AND PROHIBITING THE SUBMISSION, PROCESSING, APPROVAL OR ISSUANCE OF ANY NEW LICENSES, BUSINESS TAX RECEIPTS, DEVELOPMENT ORDERS OR PERMITS FOR ANY USE THAT INVOLVES THE CULTIVATION, PROCESSING, DISPENSING OR RETAIL SALE OF CANNABIS 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 391.986 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 will become 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 is directed to promulgate rules to implement Amendment 2 within six (6) months, and to implement such regulations within nine (9) months. The City's 2007 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. The existing City of Tamarac Code of Ordinances ("Code") lack clear direction on uses that involve the cultivation, processing, dispensing or retail sale of cannabis, and how an application for these uses are formally processed, relative to the placement, location, parking, signage and a myriad of similar issues that are not defined or listed in the City's Code. 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 Page 1 of 2 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 MMTCs, and to further create an application process and placement criteria for the number and locations of dispensaries, and other permitting requirements that are not in conflict with State Law or the DOH rules, once they are implemented. Pursuant to Chapter 24, Article II, Division 6, Section 24-91 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, processing, approval or issuance of any new licenses, business tax receipts, development orders or permits for any use that involves the cultivation, processing, dispensing or retail sale of cannabis, within the City's municipal boundaries. 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 develop an application, approval, and revocation process and associated development standards for the placement of MMTCs 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 24-91(c) of the City of Tamarac Code of Ordinances, this matter shall be placed on the next available City Commission agenda of January 11, 2017, for review and adoption of a Resolution confirming this administrative order. Effective date: December 13, 2016 Expiration date: June 13, 2017 Contact: Frank Zickar, Assistant Director Community Development Department Planning and Zoning Division (954) 597-3530 Approved Michael Cernech, City Manager City of Tamarac, Florida Page 2 of 2