HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-052Temp. Reso. No. 12958
May 3, 2017
1st Revision 5/11 /2017
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2017 - S
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
II, 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 NUMBER AND LOCATION 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 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 CULTIVATION, PROCESSING, DISPENSING OR
RETAIL SALE OF CANNABIS WITHIN THE CITY OF TAMARAC FOR A
TOTAL OF THREE HUNDRED AND SIXTY (360) 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
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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
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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 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, 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, expires on June 13, 20171
and
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WHEREAS, the 180 days prohibition and 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 number and location of,
and other permitting requirements for the cultivation, processing and sale of medical
cannabis by dispensing organizations/facilities; and
WHEREAS, the City Manager believes a reasonable time extension of one
hundred and eight (180) days for a total of three hundred and sixty (360) 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 cultivation and processing of medical cannabis by dispensing
organizations/facilities in the City of Tamarac; and
WHEREAS, the City
Commission
approves the City Manager's
request and
hereby finds that the three
hundred and
sixty (360) 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.
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Section 2. The Zoning in Progress is hereby extended from one hundred and
eighty days (June 13, 2017) to three hundred and sixty (360) days with a new expiration
date of December 8, 2017, 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 the placement, number and location of
dispensaries, and other permitting requirements that are not in conflict with State Law or
the Department of Health rules.
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.
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Section 7. This Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OF 1�,/lam/` , 2017.
CITY OF TAMARAC FLORIDA
H RRY RESSLER,
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:
►l "// A V,, 7
SA EL S. GOREN,
CITY ATTORNEY
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.
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
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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 11, 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
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