8.a TO 2507 - An ordinance of the City Commission of the City of Tamarac, Florida 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, lifting zoning in progress on medical marijuana dispensary facilities and pharmacies by specifically amending Table 10-3.1, entitled Allowed Uses to permit medical marijuana dispensaries and pharmacies in the MU-N (Mixed Use Neighborhood) and NC (Neighborhood Commercial) zoning districts, subject to special exception approval; providing for codification; providing for conflicts; providing for severability; and providing for an effective date.

[8.a TO 2507 - An ordinance of the City Commission of the City of Tamarac, Florida 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, lifting zoning in progress on medical marijuana dispensary facilities and pharmacies by specifically amending Table 10-3.1, entitled Allowed Uses to permit medical marijuana dispensaries and pharmacies in the MU-N (Mixed Use Neighborhood) and NC (Neighborhood Commercial) zoning districts, subject to special exception approval; providing for codification; providing for conflicts; providing for severability; and providing for an effective date.]

OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER TEN ARTICLE 3 OF THE CITY OF TAMARAC LAND DEVELOPMENT CODE ENTITLED USE REGULATIONS AMENDING SECTION 10-3.2 ENTITLED TABLE OF ALLOWANCES LIFTING THE ZONING IN PROGRESS ON MEDICAL MARIJUANA DISPENSARY FACILITIES AND FOR SOME PHARMACIES BY SPECIALIZING AMENDING TABLE DASH 3.1 ENTITLED ALLOWED USES TO PERMIT MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES IN A MU-N MIXED USE NEIGHBORHOOD AND NC NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS.

SUBJECT IS SUBJECT TO SPECIAL EXCEPTION APPROVAL, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR [INAUDIBLE] AND PROVIDING FOR AN EFFECTIVE DATE. THAT'S ITEM 8A.

WILL WE DO THE SWEARING IN NOW.

I DIDN'T THINK THIS WAS QUASI JUDICIAL.

OH, EXCUSE ME. THAT'S OKAY.

OKAY. I MISUNDERSTOOD.

SORRY ABOUT THAT. OKAY.

OKAY. WELL, NOW HEAR FROM THE CITY REPRESENTATIVE.

THANK YOU. GOOD MORNING FOR THE RECORD.

ANN JOHNSON, CEO PLANNER IN THE COMMUNITY DEVELOPMENT DEPARTMENT.

AS INDICATED BY THE ITEM'S TITLE, THE ITEM BEING BROUGHT BEFORE YOU TODAY IS A TEXT AMENDMENT TO THE CITY'S LAND DEVELOPMENT CODE REGARDING THE USE OF MEDICAL MARIJUANA DISPENSARY FACILITIES AND ALSO RETAIL PHARMACIES.

BEFORE I DELVE INTO THE DETAILS OF THE ACTUAL TEXT AMENDMENT, I JUST WANTED TO GIVE YOU A LITTLE BIT OF BACKGROUND IN REGARDS TO HOW THE CITY GOT HERE FROM A LEGISLATIVE PERSPECTIVE.

SO IN 2016, WHEN THE BROADER USE OF MEDICAL MARIJUANA WAS APPROVED BY THE VOTERS OF THE STATE OF FLORIDA AT THE TIME, THERE WEREN'T A LOT OF REGULATORY MECHANISMS IN PLACE IN A LOT OF MUNICIPALITIES IN REGARDS TO HOW TO REGULATE THESE USES.

AS A RESULT, AN ADMINISTRATIVE ORDER WAS ISSUED BY THE CITY MANAGER, WHICH WAS RATIFIED IN 2017, AND THEN A

[00:05:03]

SERIES OF ZONING AND PROGRESS WERE INSTITUTED, ALONG WITH EVENTUALLY A TEMPORARY BAN ON THE USE IN 2018.

AND THESE MECHANISMS WERE ALL PUT IN PLACE TO GIVE THE CITY AN OPPORTUNITY TO STUDY THESE USES, HOW THEY IMPACT THE SURROUNDING COMMERCIAL AND RESIDENTIAL BUILT ENVIRONMENT.

AND THEN SUBSEQUENTLY IN 2019, THE CITY FINALLY ADOPTED LEGISLATION THAT WOULD PERMIT MEDICAL MARIJUANA DISPENSARIES AND ALSO PHARMACIES, IN PARTICULAR ZONING DISTRICTS.

SO UNDER THE UMBRELLA OF A MEDICAL MARIJUANA TREATMENT CENTER ARE MEDICAL MARIJUANA DISPENSARIES.

SO LICENSED MEDICAL MARIJUANA TREATMENT CENTERS HAVE THE ABILITY TO CULTIVATE, PROCESS, TRANSPORT AND ALSO DISPENSE MEDICAL MARIJUANA.

A LOT OF THE REGULATIONS ARE PREEMPTED TO THE STATE OF FLORIDA, SO IT LIMITS A LOCAL MUNICIPALITY LIKE TAMARACS ABILITY TO BE ABLE TO DETERMINE HOW MANY CAN ACTUALLY BE LOCATED WITHIN THE CITY, HOW FAR AWAY THEY CAN BE FROM CERTAIN LAND USES.

AND SO SOME OF THE GUIDELINES THAT ARE IN PLACE ARE STRUCTURED IN THAT MANNER BECAUSE THEY ARE PREEMPTED BY THE STATE.

SO ONE OF THOSE MEASURES IS THAT A MEDICAL MARIJUANA TREATMENT FACILITY OR A DISPENSARY CANNOT BE LOCATED WITHIN 500 FEET OF AN ELEMENTARY SCHOOL, A MIDDLE SCHOOL, A SECONDARY SCHOOL, UNLESS IT'S APPROVED BY THAT JURISDICTION IN A MANNER THAT THEY BELIEVE WOULD PROMOTE PUBLIC HEALTH OR SAFETY OR PROTECT THE WELFARE OF THE CITIZENS.

JUST AT THE THE LAST CHECK OF THE DEPARTMENT OF HEALTH'S WEBSITE AS WELL, WE WERE ABLE TO ASCERTAIN THAT THE NEED AND THE DEMAND FOR MEDICAL MARIJUANA HAS GROWN SIGNIFICANTLY.

SO FROM ABOUT 40,000 PATIENTS THAT WERE INITIALLY REGISTERED IN 2016 TO WHAT YOU SEE, THERE ARE ALMOST 740,000 PATIENTS STATEWIDE IN THE STATE OF FLORIDA, AND THEY'RE BEING SERVICED CURRENTLY BY ABOUT 450 MEDICAL MARIJUANA DISPENSARIES STATEWIDE. SO TODAY THERE ARE 17 PHARMACIES THAT HAVE ACTIVE BUSINESS LICENSES IN THE CITY OF TAMARAC, AND OF THOSE THREE ARE MEDICAL MARIJUANA DISPENSARY FACILITIES THAT ARE LICENSED AND REGISTERED WITH THE STATE OF FLORIDA UNDER THE DEPARTMENT OF HEALTH.

THE PHARMACY DESIGNATION DOES INCLUDE THE STANDALONE BUSINESSES AND IT ALSO INCLUDES THOSE THAT ARE ACCESSORY TO MEDICAL FACILITIES AND RETAIL USES, INCLUDING GROCERY STORES, HEALTH CLINICS AND THINGS OF THAT NATURE.

SO AS IT STANDS, OUR CURRENT USE TABLE IN SECTION 10-3.2, THIS IS A SNIPPET OF TABLE 10-3.1.

MEDICAL MARIJUANA DISPENSARY FACILITIES AND PHARMACIES ARE REGULATED IN THE SAME MANNER BECAUSE THAT IS THE REGULATING TOOL THAT WE WERE ISSUED FROM THE STATE OF FLORIDA.

WE CAN'T REGULATE ONE USE MORE STRINGENTLY THAN THE OTHER, SO WE HAVE TO REGULATE THESE USES IN THE SAME MANNER.

SO IN THE CURRENT CITY'S CODE, BOTH OF THESE USES ARE CURRENTLY PERMITTED BY RIGHT IN THE MIXED USE NEIGHBORHOOD AND THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS.

AND THEN THEY ARE PERMITTED AS A INCIDENTAL OR ACCESSORY USE IN THE MIXED USE CORRIDOR OR MIXED USE GENERAL, AND THEN ALSO THE BUSINESS PARK ZONE IN DISTRICTS AS WELL. SO THE TEXT AMENDMENT IS PROPOSING TO REQUIRE A SPECIAL EXCEPTION APPROVAL FOR MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES IN THE MIXED USE NEIGHBORHOOD AND THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT.

SO THAT MEANS THAT THESE USES WOULD NO LONGER BE PERMITTED BY RIGHT.

IT WOULD GIVE THE CITY AN ADDITIONAL OPPORTUNITY TO REVIEW THESE USES.

AND THIS IS STEMMING FROM A RESULT OF THE CURRENT ZONING IN PROGRESS THAT WE HAVE IN PLACE.

SO CURRENTLY THERE IS A ZONING IN PROGRESS IN PLACE BECAUSE THE CITY HAS RECEIVED AN INFLUX OF INQUIRIES AND ALSO AN INFLUX IN THE DESIRE TO TURN OUR EXISTING BANK FACILITIES, OUR EXISTING COMMERCIAL RETAIL FACILITIES INTO MEDICAL MARIJUANA DISPENSARIES. SO THE SPECIAL EXCEPTION WOULD BE A MECHANISM TO ALLOW THE PLANNING BOARD AND ALSO THE CITY COMMISSION AN OPPORTUNITY TO TAKE A LITTLE BIT

[00:10:07]

OF A DEEPER DIVE INTO HOW THESE FACILITIES ARE OPERATING, WHERE ARE THEY GOING TO BE LOCATED TO PREVENT THE CLUSTERING OF THESE FACILITIES WITHIN OUR COMMERCIAL CORRIDORS.

[INAUDIBLE] AS YOU ARE AWARE, A SPECIAL EXCEPTION.

THESE USES ARE ALLOWED IN THEIR RESPECTIVE ZONING INDUSTRY ONLY IF REVIEWED BY THE PLANNING BOARD AND THEN SUBSEQUENTLY APPROVED BY THE CITY COMMISSION.

AND AGAIN, THE PURPOSE OF THE SPECIAL EXEMPTION IS TO PROVIDE FOR THIS INDIVIDUALIZED REVIEW AS WELL.

SO SHOWN ON THE SCREEN BEFORE YOU ARE THE CRITERIA FOR THE SPECIAL EXCEPTION APPROVAL AND AS NOTED IN THE STAFF REPORT PROVIDED TO THE BOARD ARE THE RESPONSES TO THE CRITERIA AS THEY PERTAIN TO THE TEXT AMENDMENT.

STAFF ALSO BELIEVES THAT THIS TEXT AMENDMENT IS CONSISTENT WITH THE COMPREHENSIVE PLAN, MORE PARTICULARLY THE FUTURE LAND USE POLICIES OF THE CITY OF TAMARAC IN REGARDS TO ADMINISTERING AND ADOPTING APPROPRIATE LAND DEVELOPMENT CODE AND REVISIONS AS NEEDED, PROMOTING QUALITY DEVELOPMENT AND ENSURING THAT THESE COMMERCIAL LAND USES ARE LOCATED IN A MANNER THAT IS COMPATIBLE WITH THE EXISTING BUILT ENVIRONMENT AND ALSO ADJACENT LAND USES.

THIS ITEM IS ALSO CONSISTENT WITH TAMARAC STRATEGIC GOAL NUMBER FOUR TAMARAC IS VIBRANT BY ADDRESSING THE REGULATION OF NONRESIDENTIAL LAND USES AND THEIR IMPACT ON THE SURROUNDING COMMUNITY.

AS SUCH, THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FORWARD A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION TO CONSIDER THE LIFTING OF ZONING IN PROGRESS ON MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES, AND ADDITIONALLY AMEND CHAPTER 10 ARTICLE 3, SECTION 10-3.2 ENTITLED TABLE OF ALLOWED USES OF THE CITY'S CODE OF ORDINANCES TO PERMIT MEDICAL MARIJUANA, DISPENSARY FACILITIES AND PHARMACIES IN THE MIXED USE NEIGHBORHOOD AND THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS SUBJECT TO SPECIAL EXCEPTION APPROVAL ON FIRST READING AT ITS EXCUSE ME ON FIRST READING AT ITS AUGUST 24TH, 2022 MEETING AND ON SECOND READING AT ITS SEPTEMBER 14, 2022 MEETING.

AND THAT CONCLUDES STAFF'S PRESENTATION.

I'LL BE HAPPY TO TAKE ANY QUESTIONS AT THIS TIME.

THANK YOU. THANK YOU.

DO WE HAVE ANY QUESTIONS FROM THE BOARD? GOOD MORNING. GOOD MORNING.

YOU MENTIONED IN YOUR REPORT THAT MOST OF THESE FACILITIES ARE REUSING BANKS.

IS THAT A REQUIREMENT FOR THE CITY TO REUSE EXISTING SPACE OR NO? NO, I BELIEVE THE DESIRE TO WANT TO REUSE THE BANK FACILITY IS DUE TO THE EXISTING INFRASTRUCTURE.

SO YOU HAVE THE PARTITION GLASS.

AND IT'S YOU KNOW, IT'S DESIGNED FOR RETAIL.

AND SO TO THAT DEGREE, I BELIEVE THAT IS WHY SOME OF THESE MEDICAL MARIJUANA DISPENSARIES ARE PARTICULARLY INTERESTED IN REDEVELOPING BANK PROPERTY.

OKAY. SO YOUR SPECIAL EXCEPTION IS BASICALLY TWO, AS YOU SAY, TO SPREAD OUT THE USES AND NOT HAVE THEM IN ONE CLUSTER.

HAS THE CITY DONE A RESEARCH TO SEE IF THAT IS DONE, MEANING THEY CAN BE RELOCATED WHEN THEY ARE CLOSE TO A SCHOOL AND STUFF? HOW MANY FACILITIES WOULD BE IN CITY OF FLORIDA LAKE? YES. SO RIGHT NOW WE HAVE THREE THAT ARE EXISTING.

WITH OUR LOOKING AT OUR ZONING MAP AS WELL THE DISTRIBUTION OF THE FACILITIES WE'RE BASING THIS IS MORE OF LIKE A PREEMPTIVE MEASURE, BECAUSE WHAT WE'RE NOTICING IS THAT THE MEDICAL MARIJUANA FACILITIES TEND TO TARGET LOCATIONS THAT ARE LOCATED IN BANK FACILITIES, MAYBE COMMERCIAL RETAIL FACILITIES, AND THOSE ARE TYPICALLY LOCATED ALONG OUR MAJOR ARTERIALS.

SO ALONG COMMERCIAL BOULEVARD, ALONG WEST MCNABB ROAD.

WE JUST RECEIVED WORD THAT ANOTHER BANK FACILITY, THE BANK OF AMERICA ON UNIVERSITY BOULEVARD, HAS NOW BEEN SOLD.

AND SO THIS IS A MEASURE JUST TO ENSURE THAT WE ARE GIVING THE CITY'S BOARDS AN OPPORTUNITY TO TAKE A FURTHER LOOK AT WHERE THESE SITES ARE BEING LOCATED.

THE ONES THAT WE HAVE LOCATED NOW, THEY ARE NOT CLUSTERED, BUT WE ARE RECEIVING AN INFLUX OF INQUIRIES FOR SIMILAR LOCATIONS AND THEY ONLY HAVE TO BE 500 FEET AWAY FROM A SCHOOL PER STATE STATUTE.

THEY DON'T HAVE TO BE A DISTANCE AWAY FROM EACH OTHER.

[00:15:02]

SO WE COULD HAVE A BANK THAT SELLS AND MAYBE ACROSS THE STREET THERE'S ANOTHER BANK AND THEY WOULD BE ALLOWED TO OPERATE IN THAT FACILITY IF IT WAS ZONED PROPERLY.

SO THE SPECIAL EXCEPTION IS MEANT TO KIND OF BE A MECHANISM, SO TO ALLOW US TO TAKE A FURTHER LOOK AT THESE USES.

SO IS THE LOCATION FROM THE SCHOOL THE ONLY REQUIREMENT FOR THESE FACILITIES? THAT IS CORRECT.

SO THE STATE HAS LIMITED MUNICIPALITIES TO A LARGE DEGREE.

SO THE ONLY DISTANCE SEPARATION THAT WE CAN INSTITUTE IS TO 500 FEET AWAY FROM A SCHOOL.

OUR ONLY CHOICE IS TO COMPLETELY BAN THE USE OR TO REGULATE THE USE THE SAME WAY WE WOULD REGULATE LIKE A PHARMACY, LIKE WALGREENS OR CVS OR WAL-MART, WHICH CAN BE LOCATED BASICALLY IN THE APPROPRIATE ZONING DISTRICT.

SO BECAUSE WE'RE TIED TO THOSE REGULATIONS, WE BELIEVE THAT THE SPECIAL EXCEPTION WAS THE MOST EFFECTIVE MECHANISM TO HAVE THE OPPORTUNITY TO TAKE A MORE DETAILED LOOK AT THESE LOCATIONS.

SO CAN THE CITY THEMSELVES DO ADD ADDITIONAL RULES TO THESE, OR WE HAVE TO ADHERE TO WHATEVER WE CANNOT. WE ARE PREEMPTED BY THE STATE.

OKAY. THE DISPENSARIES AND THE RETAIL PHARMACIES ARE THERE TO SEPARATE TWO SEPARATE BUILDINGS OR STRUCTURES PER SAY OR CAN THEY BE JOINED OR? YES, SO THEY CAN ACTUALLY BE TWO SEPARATE.

THEY'RE CONSIDERED TECHNICALLY TWO SEPARATE USES, BUT BECAUSE OF THE WAY THAT THE STATE WROTE THE STATUTE, WHAT WE DO TO ONE, WE HAVE TO DO TO THE OTHER.

SO IF WE SAY THAT PHARMACIES ARE ONLY PERMITTED IN THIS ZONING DISTRICT, WELL THEN MEDICAL MARIJUANA FACILITIES HAVE TO BE PERMITTED IN THAT ZONE IN DISTRICT TOO.

THAT WILL JUST DOUBLE THE STRUCTURES.

AND ARE YOU LOOKING TO GET A CAP ON THE NUMBER OF WE CANNOT PLACE A CAP PER THE STATE OF FLORIDA.

OKAY. THANK YOU.

THANK YOU. DO WE HAVE ANY OTHER QUESTIONS? VIOLA? WILL PHARMACY, FOR EXAMPLE, LIKE A WALGREENS, CVS WILL THEY BE PERMITTED TO DISPENSE THIS ALSO? SO THE ABILITY TO DISPENSE IS LICENSED BY THE STATE.

SO AT THIS POINT, WE DO NOT HAVE A WALGREENS OR CVS OR ANY OTHER RETAIL FACILITY THAT IS LICENSED BY THE STATE.

ALL OF THE MEDICAL MARIJUANA FACILITIES THAT WE HAVE RIGHT NOW IN THE CITY OF TAMARAC, THEY ARE INDEPENDENT PHARMACIES AND THEY ARE LICENSED BY THE STATE OF FLORIDA. SO THEY ALL HAVE TO BE FIRST LICENSED BY THE STATE OF FLORIDA AND THEN THEY HAVE THE ABILITY TO DISPENSE.

BUT AS OF THIS MOMENT, WE DON'T HAVE ANY RETAIL FACILITIES THAT HAVE GONE THROUGH THAT PROCESS TO DO THAT.

WILL TAMARAC, BE ABLE TO LIMIT THE NUMBER OF THESE DISPENSARY IN YOUR CITY OR IT'S JUST WE DON'T HAVE ANY CONTROL OVER THAT HERE? YES, WE'RE LARGELY LIMITED BY THE STATE.

SO WE CAN'T PLACE A LIMIT.

WE CAN'T PLACE A CAP.

AGAIN, THE STATE HAS PREEMPTED US IN MANY WAYS.

AND SO THE ONLY MECHANISM THAT WE FEEL WOULD BE EFFECTIVE RIGHT NOW IN THIS MOST IMMEDIATE TERM, BECAUSE WE'RE RECEIVING THE INFLUX OF INQUIRIES FOR THIS USE WOULD BE THE SPECIAL EXCEPTION.

SO IT WOULD ALLOW THE CITY TO TAKE A LOOK AT THESE USES, TAKE A LOOK AT THE TRAFFIC THAT MIGHT BE GENERATED, TAKE A LOOK AT MAYBE THE SECURITY OF THE FACILITIES AND PLACE SOME CONDITIONS ON THESE FACILITIES IF THEY WERE TO OPEN UP IN TAMARAC.

BUT AS OF NOW, THE STATE STATUTE DOES NOT PERMIT US TO PLACE A CAP ON THE NUMBER OF LOCATIONS.

SO THE CITY IS ALLOWED TO PLACE SOME CONDITIONS ON THESE FACILITIES? YES, THROUGH THE SPECIAL EXCEPTION PROCESS.

BUT THEY ALSO KEEPING WITH THAT, THEY ALSO HAVE TO STAY IN ALIGNMENT WITH STATE STATUTES.

SO IF WE WERE TO RECEIVE AN APPLICATION FOR A SPECIAL EXCEPTION, WE CANNOT STATE THAT YOUR FACILITY HAS TO BE 1000 FEET AWAY FROM THIS USE BECAUSE NOW THAT'S IN CONFLICT WITH THE STATE OF FLORIDA.

SO WE HAVE THE ABILITY TO PLACE SOME CONDITIONS REGARDING MAYBE LIKE THEY MUST HAVE VIDEO SURVEILLANCE OF THE PROPERTY BECAUSE THAT IS KEEPING IN ALIGNMENT WITH HAVING PROPER SECURITY MEASURES AS WITH STATE STATUTE WOULD REQUIRE THEM TO DO AS WELL.

IS THE CITY ALREADY THINKING ABOUT ALL THE CONDITIONS THAT WE CAN HAVE IN CASE WE APPROVE THIS.

AND THIS GOES AHEAD.

DOES THE CITY HAVE PLANS FOR THE CONDITION THAT THEY CAN USE SINCE THEY'RE LIMITED BY THE REGULATIONS OF THE STATE?

[00:20:01]

TO SOME DEGREE, YES.

SO TO SOME DEGREE, WE'LL HAVE TO LOOK AT EACH APPLICATION INDIVIDUALLY.

BUT AS WE DO THAT, WE WILL ALSO HAVE TO KEEP IN MIND THAT WE HAVE TO STAY IN ALIGNMENT WITH WHAT THE STATE WILL ALLOW US TO LIMIT.

THANK YOU. THANK YOU.

ANY QUESTIONS? YEAH, I DO.

SURE. THE APPROACH THAT YOU'RE TAKING, WITH SPECIAL EXCEPTION, IS REALLY IT SOUNDS LIKE IT'S FROM A ZONING POINT OF VIEW ONE OF THE ONLY THINGS YOU CAN DO.

TO DO A CASE BY CASE REVIEW OF EACH OF THESE, RIGHT? I MEAN, THAT'S REALLY YOUR HANDS ARE PRETTY MUCH TIED OTHERWISE.

SO FOR EXAMPLE, YOU COULDN'T, BASED ON WHAT YOU SAID A FEW MINUTES AGO, PUT A DISTANCE REQUIREMENT BETWEEN EACH FACILITY.

YOU'RE NOT ALLOWED TO DO THAT. THAT'S CORRECT.

SO YOU CAN'T BE PUTTING IN RESTRICTIONS PROACTIVELY ON THE USE.

YOU CAN ONLY JUST SAY, WELL, WE'LL JUST TAKE A LOOK AT IT CASE BY CASE.

SO BASED ON THAT, THE CONCERN THAT I'M READING IN HERE IN THE NARRATIVE ABOUT THIS IS ABOUT THE PROLIFERATION AND CLUSTERING OF THESE USES. THE PRACTICAL EFFECT OF DOING THIS IS YOU'RE NOT GOING TO BE ABLE TO PREVENT THAT BECAUSE APPLICANTS WILL COME THROUGH HERE THROUGH THE SPECIAL EXCEPTION.

YOU'RE GOING TO BE LIMITED TO MAYBE HOURS OF OPERATIONS, SURVEILLANCE, THINGS OF THAT NATURE.

IS THAT ACCURATE? TO SOME DEGREE, YES.

SO YOU WON'T BE ABLE TO RECOMMEND DENIAL BASED ON LOCATION AND PROXIMITY TO ANOTHER DISPENSARY, BECAUSE YOU CAN'T DO THAT.

YES, TO SOME DEGREE, THE WAY IT STANDS RIGHT NOW, THEY'RE JUST PERMITTED BY RIGHT.

THEY CAN JUST OBTAIN A BUSINESS LICENSE, GO GET A SAFETY INSPECTION.

SO THIS IS REQUIRING AN EXTRA STEP, WHETHER IT IS A DETERRENT OR NOT.

YOU KNOW, WE CANNOT ANTICIPATE THAT.

BUT WHAT WE CAN DO IS USE A SPECIAL EXCEPTION TO AT LEAST ESTABLISH SOME CONDITIONS THAT ARE IN ALIGNMENT WITH FLORIDA STATE STATUTES.

SO, AGAIN, MAKING SURE THAT THEY HAVE THOSE PROVISIONS IN PLACE WHERE THERE IS SURVEILLANCE.

I KNOW RIGHT NOW THE STATE OF FLORIDA IS ALSO WORKING ON SOME ADDITIONAL LEGISLATION.

IT HAS NOT BEEN PROMULGATED YET THROUGH THE DEPARTMENT OF HEALTH.

BUT IF THOSE ADDITIONAL RULES WILL ALLOW US TO ALSO INSTITUTE ADDITIONAL CONDITIONAL MECHANISMS, THIS WILL HELP US TO TRY TO ENSURE THAT THESE USES ARE NOT CLUSTERING ON THE COMMERCIAL CORRIDORS.

BUT AS PROPOSED, THE CHANGE WON'T PREVENT THAT WON'T PREVENT THE PROLIFERATION OR CLUSTERING BECAUSE YOU CAN'T DO THAT.

THAT WON'T BE AN ALLOWABLE CONDITION ON AN APPLICATION.

SAYING THAT, NO, WE WILL RECOMMEND DENIAL OF THIS BECAUSE YOU'RE WITHIN 500 FEET OF AN EXISTING DISPENSARY, YOU WON'T BE ABLE TO PUT THAT CONDITION IN.

NOT THAT PARTICULAR.

SO NOT THE DISTANCE PORTION.

TO MY POINT IS THAT THE WAY THIS IS PRESENTED IS THAT ONE OF THE CONCERNS IS THE PROLIFERATION AND CLUSTERING OF THE USES, THE SPECIAL EXCEPTION CHANGE HERE WON'T PREVENT THAT FROM HAPPENING AS IT'S CURRENTLY WORDED, BECAUSE YOU WON'T BE ABLE TO PUT THAT CONDITION IN ON THAT.

LARGELY, YES, I SEE WHAT YOU'RE SAYING.

RIGHT. BUT TO SOME DEGREE, AGAIN, THE SPECIAL EXCEPTION PROCESS IS STILL AN ADDITIONAL.

ALL RIGHT. SO STILL AN ADDITIONAL PROCESS, STILL IS ONE ADDITIONAL STEP.

AND IT'S, YOU KNOW. THAT'S PROCEDURAL REALLY THAT'S NOT AND I UNDERSTAND THAT PART OF IT.

JUST A QUICK QUESTION ABOUT THE CODE CHANGE THAT ALLOWS IT AS AN ACCESSORY OR INCIDENTAL IN THREE OF THE ZONING DISTRICTS.

ARE THERE ANY EXAMPLES OF ANY USES THAT HAVE IT AS ACCESSORY OR INCIDENTAL, OR CAN YOU THINK OF ANY THAT WOULD FIT THAT? WELL, AGAIN, THIS DOESN'T JUST SPEAK TO MEDICAL MARIJUANA.

IT HAS TO SPEAK TO PHARMACIES AS WELL.

SO THE WALMART NEIGHBORHOOD MARKET HAS A PHARMACY THAT WOULD BE CONSIDERED ACCESSORY BECAUSE THE MAIN USE IS A GROCERY STORE.

THE ACCESSORY USE IS THE PHARMACY.

SO WE HAVE HEALTH CLINICS ALSO IN THE CITY OF TAMARAC WHO HAPPENED TO ALSO DISPENSE THEIR OWN MEDICATIONS ON SITE.

AND SO THAT MEDICATION, THAT PHARMACY IS CONSIDERED AN ACCESSORY TO THE HEALTH CLINIC USE.

SO THAT'S WHAT THAT PART OF LEGISLATION IS SPEAKING TO.

OH, SO IF WALGREENS ALL OF A SUDDEN WANTED TO DISPENSE MEDICAL MARIJUANA, THAT WOULD BE AN EXAMPLE OF AN INCIDENTAL USE TO GO ALONG WITH ITS PHARMACY.

NO, BECAUSE THE MAIN USE OF WALGREENS IS A PHARMACY.

YOU JUST SAID IT WAS A CONVENIENCE STORE.

I'M SORRY. I THOUGHT YOU JUST SAID IT WAS A.

NO I SAID WALMART. OKAY, SORRY I MISSED MISUNDERSTOOD.

WALMART NEIGHBORHOOD MARKET IS A GROCERY STORE.

OKAY. AND THE PHARMACY IS CONSIDERED AN ACCESSORY USE TO THE GROCERY STORE.

SO IF THEY GOT RID OF THE PHARMACY AND WANTED TO DO MED POT INSTEAD.

THAT WOULD BE INCIDENTAL TO THE WALMART GROCERY STORE.

LET'S SAY THEY GET RID OF THE PHARMACY, BUT THEY WANT TO DISPENSE MEDICAL MED POT, MEDICAL POT.

THAT WOULD BE INCIDENTAL TO THE SUPERMARKET USE.

THAT WOULD BE AN EXAMPLE.

IF WALMART GOT RID OF THEIR PHARMACY? THE PHARMACY, AND INSTEAD BROUGHT MEDICAL DISPENSARY AND MARIJUANA DISPENSARY INSTEAD THAT WOULD BE AN EXAMPLE BECAUSE THEY'RE JUST TRADING IT OUT.

[00:25:07]

THEY'RE JUST TRADING OUT THE MEDICAL PHARMACY FOR MEDICAL MARIJUANA.

THAT WOULD STILL BE INCIDENTAL.

IS THAT AN EXAMPLE? YOU FOLLOW WHAT I'M SAYING? NO, I'M SORRY I DON'T.

OKAY. WALMART, YOU JUST SAID, IS A GROCERY STORE, RIGHT.

CORRECT. THEY HAPPEN TO HAVE A PHARMACY IN THERE, BUT IT'S INCIDENTAL AND IT'S ACCESSORY TO THE GROCERY STORE AND THAT'S OKAY.

THEY CAN DO THAT UNDER THE PROPOSED CHANGE IF THEY GOT RID OF THE MEDICAL PHARMACY AND CHANGED IT OUT INTO A MARIJUANA DISPENSARY JUST SWITCHED IT OUT, THAT WOULD ALSO BE CONSIDERED INCIDENTAL UNDER THE CODE CHANGE.

IT WOULD BE INCIDENTAL, BUT TO A LARGE DEGREE, THEY WOULD STILL HAVE TO GO THROUGH THE STATE PROCESS.

SO THAT IS NOT THE PRACTICE.

SO TO BE REALISTIC, WE DON'T HAVE WAL-MARTS AND WALGREENS APPLYING FOR THESE LICENSES.

WHAT WE HAVE ARE INDEPENDENT MEDICAL MARIJUANA TREATMENT FACILITIES THAT ARE APPLYING FOR THESE LICENSES, AND THEN THE INDEPENDENT DISPENSARIES ARE OPENING UP.

RIGHT. BUT AS THE CODE IS BEING PROPOSED, IT'S CONCEIVABLE THAT YOU COULD HAVE AN INCIDENTAL USE BECAUSE THAT'S WHAT'S ALLOWED.

IT'S CONCEIVABLE, BUT NOT LIKELY.

OKAY, THANKS.

OKAY. ONE LAST QUESTION FOR YOU.

WHAT WOULD BE THE PROCESS IF, FOR EXAMPLE, WE KNOW THAT THEY CAN GO INTO CERTAIN NEIGHBORHOODS, EVEN WITH A SPECIAL EXCEPTION IT'S NOT A DETERRENT, AS YOU SAID. AND YOU GUYS DENIED THEM AFTER YOU DO ALL YOUR RESEARCH AND YOU SAY THIS IS NOT A GOOD LOCATION FOR YOU.

WHAT WOULD BE THE NEXT STEP FOR THE CLIENT, BECAUSE YOU'RE DENYING THEM THE RIGHT TO GO IN SOME WAY THAT THE ZONE TELLS THEM THAT THEY COULD GO.

SO. DOES THAT JUST BRING MORE CASES BEFORE US FOR? THAT WOULD BE A MEASURE THAT WOULD HAVE TO BE LOOKED AT AFTER THE CITY COMMISSION MAKES THEIR FINAL DECISION.

SO IF THE CITY COMMISSION DENIES THE APPLICATION, THERE IS A REMEDY IN THE CITY'S CODE WHERE THAT APPLICANT WOULD HAVE TO GO THROUGH A FORMAL APPEAL, WHICH HAPPENED, I THINK, SIMILAR WITH THE TRAPEZE PROCESS.

WHEN THERE IS A FORMAL APPEAL FILED, THEN THE CITY WOULD HAVE TO ENGAGE THAT PROCESS AT THAT TIME.

BUT THE APPROVAL OF THE SPECIAL EXCEPTION IS BASED ON CERTAIN CRITERIA.

AND AGAIN, WE'D BE LOOKING TO JUST STRENGTHEN THOSE CRITERIA BUT STILL KEEP IN ALIGNMENT WITH WHAT STATE STATUTE REQUIRES. SO AGAIN, ARE WE LARGELY LIMITED BY WHAT WE CAN ACTUALLY DO REALISTICALLY? YES, BECAUSE WE ARE PREEMPTED BY THE STATE.

BUT IS THIS A MEASURE THAT MAY AGAIN JUST GIVE THE CITY SOME TEETH TO BE ABLE TO MAKE SURE THAT THESE FACILITIES ARE ABIDING BY STATE STATUTES AND ALSO ARE UTILIZING LOCATIONS THAT ARE APPROPRIATE PER STATE STATUTE? YOU KNOW, AGAIN, THAT IT JUST GIVES US AN OPPORTUNITY TO DO A BIT OF A FURTHER REVIEW ON THESE APPLICATIONS.

THANK YOU. ANY FURTHER QUESTIONING? MY CONCERN IS THAT WE DON'T SEEM TO HAVE MUCH CONTROL.

AND I FEEL LIKE FROM LISTENING TO WHAT YOU'RE EXPLAINING, SEEMS TO ME AS THOUGH THE FLOODGATES MIGHT BE OPENING.

THERE'S ONE RIGHT AROUND THE CORNER FROM WHERE I LIVE AND THE TRAFFIC IT IS VERY BUSY.

IT'S A LOT OF THERE'S A LOT OF PEOPLE GOING IN THERE.

I AM JUST CONCERNED WHAT THIS WILL DO TO THE CITY, BECAUSE IT SOUNDS LIKE THERE IS NO CONTROL ABOUT HOW MANY.

WELL, THE INCIDENT THAT YOU'RE TALKING ABOUT RIGHT NOW IS EXACTLY WHY WE WANT TO TRY TO UTILIZE THE SPECIAL EXCEPTION MECHANISM, BECAUSE THE FACILITY THAT YOU HAVE THAT IS CLOSE TO YOU RIGHT NOW, THAT WAS JUST PERMITTED BY RIGHT.

SO THE WAY THAT THE CODE IS WRITTEN BY RIGHT NOW, THEY HAD THE ABILITY TO LOCATE A STRUCTURE, APPLY FOR A BUSINESS LICENSE, AND AS LONG AS THEY HAVE THE APPROPRIATE LICENSE FROM THE STATE OF FLORIDA, THEY CAN APPLY FOR THEIR SAFETY PERMIT AND OCCUPY THE STRUCTURE.

WHAT THE SPECIAL EXCEPTION PROCESS IS MEANT TO DO IS TO TAKE AGAIN A MORE DETAILED LOOK AT TRAFFIC PATTERNS.

SO ONE OF OUR CONDITIONS THAT WE HAVE REGULARLY INCLUDED AS PART OF A SPECIAL EXCEPTION IS A TRAFFIC STUDY.

SO NOW ONE OF THE CONDITIONS FOR THIS TYPE OF USE, BECAUSE WE'RE ALSO GOING TO HAVE PHARMACIES DO IT AS WELL, IS THAT NOW WE CAN REQUIRE A SPECIAL I'M

[00:30:03]

SORRY, WE CAN REQUIRE A TRAFFIC STUDY IN ADDITION TO THE SPECIAL EXCEPTION APPLICATION.

SO THEY WOULD BE SUBJECT TO THE SPECIAL EXCEPTION APPLICATION PROCESS.

AND THEN ALSO THEY COULD POSSIBLY BE SUBJECTED TO A TRAFFIC STUDY AS WELL.

SO AGAIN, THE CITY DOES HAVE SOME OPPORTUNITIES TO, YOU KNOW, PLACE CONDITIONS OR TO TRY TO MITIGATE THE IMPACTS OF THESE FACILITIES.

BUT YES, IN REALITY, WE ARE LARGELY LIMITED BY THE STATE OF FLORIDA, BUT THIS MECHANISM WOULD BE A STEP IN THE RIGHT DIRECTION, BECAUSE RIGHT NOW THEY'RE JUST THEY'RE PERMITTED BY RIGHT THE WAY THAT THE CODE IS WRITTEN NOW.

THE ONLY REASON WHY WE'RE NOT ACCEPTING APPLICATIONS RIGHT NOW IS BECAUSE THERE'S A ZONING IN PROGRESS IN PLACE.

BUT THE CITY PER LAW WE'RE ONLY ALLOWED TO KEEP A ZONING IN PROGRESS IN PLACE FOR A CERTAIN AMOUNT OF TIME.

SO EVENTUALLY THE ZONING IN PROGRESS IS GOING TO RUN OUT.

AND SO WE NEED A MECHANISM IN PLACE BEFORE IT RUNS OUT SO THAT WE HAVE AN OPPORTUNITY TO TRY TO EFFECTIVELY REGULATE THE FACILITIES THE BEST THAT WE CAN. OKAY.

THANK YOU. AND WHEN DOES THE ZONING IN PROGRESS ENDS? TYPICALLY, THEY ARE FOR 180 DAY PERIOD.

SO WE ARE IN THE MIDDLE OF ONE RIGHT NOW.

AND I APOLOGIZE I DON'T HAVE THE EXACT DATE COUNT HANDY RIGHT NOW.

I THINK WE ARE ABOUT 30 DAYS OUT PER LAW.

WE ARE ALLOWED EXTENSIONS.

I BELIEVE WE'RE ALLOWED TWO EXTENSIONS.

AND THEN AFTER THAT, WE EITHER HAVE TO BAN THEM COMPLETELY, WHICH FROM PREVIOUS STUDIES WE UNDERSTAND THAT THE CITY DID NOT WANT TO DO, BECAUSE WHEN WE DISTRIBUTED A SURVEY TO TAMARAC'S RESIDENTS, THEY SHOWED SIGNIFICANT SUPPORT OF HAVING THE USE WITHIN THE CITY'S BOUNDARIES. SO THE CITY'S RESIDENTS WANT THIS USE.

BUT AGAIN, AS A MUNICIPALITY, WE ARE TASKED WITH TRYING TO REGULATE SOMETHING THAT WE KNOW THE RESIDENTS WANT, BUT ALSO TRYING TO MAKE SURE THAT WE DON'T IMPACT THE RESIDENTS, YOU KNOW, IN A NEGATIVE WAY.

SO THIS AGAIN, THIS SPECIAL EXCEPTION MECHANISM IS A WAY THAT WE THOUGHT WOULD BE EFFECTIVE BEFORE THE ZONING PROGRESS RUNS OUT TO GIVE US THE ABILITY TO FURTHER EXAMINE THESE TYPES OF APPLICATIONS.

AND I APPRECIATE THE CITY'S EFFORT TO TRY AND GET AHEAD OF THIS.

YEAH.

I HAVE TO SAY THE SAME.

MY QUESTION I CAN HEAR IS, THOUGH, DOES THE RESIDENTS OF THE NEIGHBORHOOD WHERE THEY MIGHT BE APPLYING FOR A PARTICULAR AREA, BECAUSE I WAS NOT AWARE OF THE ONE RIGHT IN MY NEIGHBORHOOD UNTIL I SAW IT.

I DIDN'T KNOW WHAT IT WAS.

AND I WENT IN THERE TO FIND OUT WHAT THE NEW PLACE WAS AND I WAS MET WITH A GUN.

AND BECAUSE THEY HAVE A SECURITY THERE AND THEY EXPLAINED TO ME WHAT IT WAS.

YES. I SAID OK.

SO WILL THE RESIDENTS HAVE ANY INPUT ON THESE LOCATIONS AT ALL? YES. SO WITH AGAIN, WITH REQUIRING A SPECIAL EXCEPTION, IT IS NOW SUBJECTING THESE APPLICATIONS TO THE PUBLIC HEARING PROCESS.

AND THROUGH THE PUBLIC HEARING PROCESS, THE RESIDENTS WILL HAVE AN ABILITY TO COME AND MAKE PUBLIC COMMENT IN REGARDS TO THE LOCATION OF THESE FACILITIES AND THE COMMISSION WOULD HAVE TO TAKE THAT INTO CONSIDERATION BEFORE APPROVING THE APPLICATION.

THANK YOU. LAST QUESTION.

SO I KNOW THERE'S A LOCATION OFF OUR ISLAND, WHERE IS THE OTHER ONE? YOU SAID THERE WERE TWO. YES, WE HAVE.

AND I APOLOGIZE. I HAVE TO BRING BACK UP THE SLIDE TO DO THAT.

ROB, CAN YOU WAKE THE COMPUTER UP? ALL RIGHT. SO WE HAVE.

SEE IF THE POINTER WORKS.

OKAY THE POINTER DOES NOT WORK.

BUT IF.

YEAH, I'M TRYING TO GET THE RED [INAUDIBLE] UP, BUT IF YOU LOOK AT THIS LIST HERE WE HAVE CURALEAF, WHICH IS ABOUT FIVE ROWS DOWN. IT'S AT 6899 NORTH UNIVERSITY DRIVE.

THAT'S A DISPENSARY.

WE HAVE PLANTS OF RUSKIN AT 6580 NORTH UNIVERSITY DRIVE, WHICH IS ALSO A DISPENSARY.

AND THEN WE HAVE TRULIEVE, WHICH IS AT 5900 ROCK ISLAND ROAD, WHICH IS ALSO A DISPENSARY.

SO THOSE ARE THE THREE THAT WE HAVE THAT WE KNOW THAT ARE LICENSED BY THE STATE OF FLORIDA.

[00:35:05]

BUT AGAIN, YOU SEE THEIR ADDRESSES.

AGAIN, THEY'RE ALL LOCATED ON THE MAIN CORRIDORS.

AND SO OUR ABILITY TO SIGNIFICANTLY LIMIT THAT, AGAIN, WE ARE PREEMPTED BY THE STATE.

BUT AGAIN, OUR ZONING IN PROGRESS IS GOING TO EXPIRE.

AND SO WE'RE TRYING TO PUT A MECHANISM IN PLACE SO THAT WE CAN TRY TO EFFECTIVELY REGULATE THESE FACILITIES.

WELL, FOR THE MOST PART, AT LEAST, WE HAVE THREE THAT WE CAN USE AS CASE STUDIES.

CORRECT. WE CAN DO THE OTHERS FOR THE PARKING ANALYSIS, THE TRAFFIC STUDY.

YES. AND STUFF. OKAY.

HAVE WE NOTICED THE INCREASE IN VAGRANCY OR CRIME IN THE AREA SURROUNDING THE CURRENT DISPENSARIES? YOU KNOW, CONSIDERING THE USE.

THAT IS A GREAT QUESTION.

WE HAVE NOT HAD THE OPPORTUNITY TO SPEAK WITH BSO.

BUT AGAIN, AS PART OF THE SPECIAL EXCEPTION, WE CAN DEFINITELY DO THAT.

TAKE A LOOK AND SEE IF THERE'S BEEN AN UPTICK IN REPORTS OF CRIME IN AND AROUND THESE FACILITIES AND ALSO POSSIBLY USE THAT AS A MECHANISM FOR THE CONDITION OF THE SPECIAL EXEMPTION APPROVAL.

DO WE HAVE ANY OTHER QUESTIONS FROM THE BOARD? MR. LEVIN, DO YOU HAVE A QUESTION? NO. OKAY. IT LOOKS LIKE WE DON'T HAVE ANY QUESTIONS FROM THE BOARD GOING FORWARD.

DO WE HAVE ANYONE IN THE PUBLIC THAT WOULD LIKE TO ASK A QUESTION TO AND OR SPEAK? OKAY. AT THIS TIME, I'D LIKE TO ASK FOR A MOTION.

JUST A QUESTION ABOUT THIS.

THIS IS A PUBLIC HEARING.

IS THERE A NEED TO DO ANYTHING ON THE RECORD THAT IT'S A PUBLIC HEARING? A RECORD, IN WHAT MANNER? YOU'RE GOING TO YEAH I DID I ASKED IF THERE WAS ANY QUESTIONS FROM THE PUBLIC WHEN WE FIRST STARTED.

OKAY. YOU CAN ENTERTAIN A MOTION AND VOTE.

I DID AT THE BEGINNING. SO DO WE HAVE A MOTION TO MOVE? MOTION TO APPROVE. PARDON? MOTION TO APPROVE? DO WE HAVE A SECOND? I SECOND.

YES. MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION PASSED.

THANK YOU. ALL RIGHT.

THANK YOU. THE NEXT ITEM IS A QUASI JUDICIAL HEARING.

ITEM NUMBER 9A.

[9.a TBO 56 - Board Order Approving/Denying Variance - Caporella Park, 5200 Prospect Road, Tamarac, Florida 33309. Abbas Zackria, designated agent for the property owner, City of Tamarac (the Applicant) filed an application with the City of Tamarac (City) Department of Community Development seeking approval.]

TBO56 THE BOARD ORDER APPROVING OR DENYING THE VARIANCE OF CAPORELLA PARK 5200 PROSPECT ROAD TAMARAC, FLORIDA 33309 ABBAS ZACKRIA IS THE DESIGNATED AGENT FOR THE PROPERTY OWNER, THE CITY OF TAMARAC IS THE APPLICANT FILED AN APPLICATION WITH THE CITY OF TAMARAC DEPARTMENT OF COMMUNITY DEVELOPMENT SEEKING APPROVAL.

AT THIS TIME, WE'LL HEAR FROM THE CITY ATTORNEY REGARDING THE SWEARING IN.

THANK YOU, MADAM CHAIR.

AS ITEM 9A IS QUASI JUDICIAL IN NATURE WE WILL READ THE FOLLOWING STATEMENTS AND SET FORTH THE FOLLOWING PROCEDURE.

ALL PERSONS TESTIFYING BEFORE THE PLANNING BOARD WILL BE SWORN IN.

THE APPLICANT AND ANY AFFECTED PERSON WILL BE GIVEN AN OPPORTUNITY TO PRESENT EVIDENCE, BRING FORTH WITNESSES, CROSS-EXAMINE WITNESSES, AND REBUT ANY TESTIMONY.

ALL EVIDENCE RELIED UPON REASONABLY PRUDENT REASONS.

PERSONS TO CONDUCT THEIR BUSINESS SHALL BE ADMISSIBLE.

WHETHER SUCH EVIDENCE WOULD BE ADMISSIBLE IN A COURT OF LAW, HOWEVER IMMATERIAL OR UNDULY REPETITIOUS EVIDENCE SHALL BE EXCLUDED.

STATEMENTS OF COUNCIL SHOULD ONLY BE CONSIDERED AS ARGUMENT AND NOT TO BE CONSIDERED AS TESTIMONY.

AND COUNCIL FOR THE PARTIES SHOULD NOT BE SUBJECT TO CROSS-EXAMINATION.

THE BOARD HAS THE AUTHORITY TO REFUSE TO HEAR ANY TESTIMONY WHICH IS IRRELEVANT OR REPETITIVE.