Title
ORDINANCE NO. 25o-02-107: AN ORDINANCE OF THE CITY OF COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA, AMENDING THE CITY’S LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE III, ENTITLED “ZONING DISTRICTS,” SECTION 5.30A ENTITLED “PHARMACY” BY MODIFYING STANDARDS; AMENDING SECTION 5.50, ENTITLED “MEDICAL MARIJUANA HEALTH CARE ESTABLISHMENT” AND RENAMING IT “MEDICAL MARIJUANA ESTABLISHMENTS” AND ESTABLISHING STANDARDS FOR MEDICAL MARIJUANA DISPENSING CENTERS; AMENDING SCHEDULE A, ENTITLED “LAND USE CLASSIFICATIONS” BY CLARIFYING DEFINITIONS FOR MEDICAL MARIJUANA ESTABLISHMENTS AND DISPENSING CENTERS; AMENDING SCHEDULE B, ENTITLED “ALLOWABLE USES,” SCHEDULE B-2, ENTITLED “USES IN NON-RESIDENTIAL DISTRICTS” TO PROVIDE ZONING DISTRICT REGULATIONS FOR MEDICAL MARIJUANA DISPENSING CENTERS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Body
Request Action:
Seeking consideration for the review of an amendment to the Land Development Regulations to allow medical marijuana dispensaries within the Commercial, General (CG) and Commercial, Community (CC) zoning districts, as well as additional standards.
Need:
Action is needed to approve or deny the proposed text amendment.
Summary Explanation/ Background:
The Petitioner, Yoram Izhaki, Manager of Lauderhill Mall Investment, LLC, has filed an application seeking to change the city's Land Development Regulations (LDR's). The proposal seeks to add "medical marijuana dispensaries" to the list of permitted uses within certain zoning districts (CG & CC). The Florida Statutes allows cities to elect whether or not to allow medical marijuana dispensaries, but if a municipality does allow it they can't treat it differently from a pharmacy. If approved by the City Commission, the proposal makes minor changes to pharmacies.
Staff has prepared a report that outlines the city's requirements, state requirements, and staff analysis. The LDR was presented to the Planning & Zoning Board at the January 28, 2025 Meeting, and the Board recommended approval to the City Commission (4-1). The Planning and Zoning Department has reviewed the information submitted by the Applicant and prepared revisions to the LDR, which the Applicant has agreed to. As such, Staff recommends the City Commission approve the amendment to the Land Development Regulations.
Finally, a requirement that no medical marijuana dispensing facility shall be located within a five-hundred (500) foot radius of a public or private elementary school, middle school, or secondary school, except under the process set forth in state law, was added to the ordinance.
Cost Summary/ Fiscal Impact:
The Planning & Zoning Department finds that the implementation of this resolution will not require a budget allocation or expenditure of city funds and concludes it does not have any direct fiscal impact on the city’s budget.
Attachments:
Attachment A - Application
Attachment B - Development Review Report (DRR)
Attachment C - Narrative
Budget Code Number(s): __________________________________
Procurement Information: [check all that apply]
[ ] RFP/Bid [ ] Emergency Purchase [ ] SBE
[ ] Proposal/Quote [ ] State Grant Funds [ ] Local Preference
[ ] Piggyback Contract [ ] Federal Grant Funds
[ ] Sole Source [ ] Matching Required