HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-127Temp. Reso. No. 13030
October 25, 2017
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2017 - 12J
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING A REASONABLE TIME
EXTENSION OF THE ZONING IN PROGRESS OF ONE HUNDRED AND
EIGHTY (180) DAYS IN ACCORDANCE WITH CHAPTER 24, ARTICLE
ll, DIVISION 6, SECTION 24-91 OF THE CITY OF TAMARAC CODE OF
ORDINANCES; AUTHORIZING AND DIRECTING THE CITY MANAGER
TO UNDERTAKE FURTHER STUDY AND REVIEW OF THE CITY'S
REGULATIONS RELATING TO THE CITING OF MEDICAL MARIJUANA
DISPENSING FACILITIES IN THE CITY OF TAMARAC; PROVIDING
THAT UPON THE ADOPTION OF THIS RESOLUTION EXTENDING THE
ZONING IN PROGRESS AN ADDITIONAL ONE HUNDRED AND
EIGHTY (180) DAYS, NO NEW LICENSES, BUSINESS TAX RECEIPTS,
DEVELOPMENT ORDERS OR PERMITS SHALL BE ISSUED OR
PROCESSED FOR USES THAT INVOLVE THE DISPENSING OR
RETAIL SALE OF CANNABIS WITHIN THE CITY OF TAMARAC FOR A
TOTAL OF FIVE HUNDRED AND FORTY (540) DAYS FROM THE
DATE OF THE ADMINISTRATIVE ORDER, CONSISTENT WITH 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
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
Temp. Reso. No. 13030
October 25, 2017
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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 treatment centers
(MMTC) are preempted to the state; and
WHEREAS, on June 9, 2017, Florida Legislature passed Senate Bill 8-A and
Senate Bill 6A, implementing Article X, Section 29 of the Florida Constitution and setting
standards by which a municipality can regulate Medical Marijuana Dispensing Facilities
which is the retail component of the operation; and
WHEREAS, Senate Bill 8-A authorizes local governments to ban Medical
Marijuana Dispensing Facilities within their boundaries or if a local government does not
ban Dispensing Facilities, it may not place a restriction on the number of Dispensing
Facilities allowed within its jurisdiction, and it may not adopt any regulations or fees for
Dispensing Facilities that are more restrictive than its ordinances regulating pharmacies;
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
WHEREAS, it appears to the City Manager that the existing zoning districts and
regulations is not sufficient in content and doesn't provide the foundation necessary to
regulate the citing, if appropriate, of Medical Marijuana Dispensing Facilities; and; and
n
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October 25, 2017
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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, on January 11, 2017, pursuant to Section 24-91 of the City of
Tamarac Code of Ordinances, the City Commission adopted Resolution R-2017-04,
ratifying and affirming the City Manager's Administrative Order, which placed 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, the "Zoning in Progress" 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's corporate boundaries after one extension, expires
on December 8, 2017; and
WHEREAS, the original 180 days prohibition and the previous time extension
granted for 180 days (total of 360 days) recommended timeline is not considered
sufficient based upon the time needed to enable the City's professional staff and
Consultant to properly study the issues associated with the option of banning or
allowing Medical Marijuana Dispensing Facilities as provided in Senate Bill 8-A; and
n
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October 25, 2017
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WHEREAS, the City Manager believes a reasonable time extension of one
hundred and eight (180) days for a total of five hundred and forty (540) days as allowed
by Section 24-91(e) is an acceptable reasonable time based upon the time needed to
enable the City's professional staff and Consultant to properly study the issues
associated with the dispensingfretail of medical marijuana in the City of Tamarac; and
WHEREAS, the City Commission approves the City Manager's request and
hereby finds that the five hundred and forty (540) day time limitation is reasonable and
serves 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 attached hereto are incorporated herein and made a specific part
of this Resolution.
Section 2. The Zoning in Progress is hereby extended from three hundred and
sixty (360) days (December 8, 2017) to five hundred and forty (540) days with a new
expiration date of June 6, 2018, or 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 3. That the City Commission hereby directs the City Manager to study
and review the issues associated with Medical Marijuana Dispensing Facilities, and
other permitting requirements that are not in conflict with State Law or the Department
of Health rules.
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October 25, 2017
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Section 4. 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 5. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 6. If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or application of this
Resolution.
Section 7. This Resolution shall become effective immediately upon its passage
and adoption.
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October 25, 2017
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS & DAY OF _intticabAk —, 2017.
CITY OF TAMARAC, FLORIDA
H RRY DRESSLER,
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM BOLTON
DIST 2: COMM GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: V/M. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
'/4 " AL 1 1
1 /0
SA UEL 'GOkEN,
CITY ATTORNEY`
I
CITY OF TAMARAC, FLORIDA
ADMINISTRATIVE ORDER
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.
Itistherefore necessary and in the public's best interest to study these uses and create a longterm
strategy to ensure adequate placement and access to such uses and services are provided. The "zoning
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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.
ORDER
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 dater 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
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