LTC 581-2018 Medical Cannibis Treatment Centers and Pharmacy Stores - Discussion of The Planning Board} :
OFFICE OF THE CITY MANAGER
NO. LTC# 581-2018 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 31, 2018
suBJECT: Medical Cannabis Treatment Ce ters and Pharmacy Stores-Discussion of The
Planning Board
On September 25, 2017, the City Commission adopted an ordinance amendment, which set forth
specific regulations for medical cannabis treatment centers (dispensaries) and pharmacy stores.
The effective-date-of the ordinance-was 90 days-following adoption,-on December 25,-201-7. "fhe
adopted ordinance contained a provision for the Planning Board to review the Ordinance and its
effectiveness 12 months after adoption.
On October 23, 2018, the Planning Board reviewed the ordinance pertaining to medical cannabis
treatment centers and pharmacy stores. As part of the review of the ordinance, the Planning
Board took testimony from representatives of two separate disepensary operators regarding the
distance separation requirements from schools.
In this regard, the adopted City ordinance has a minimum distance separation requirement of 500
feet between dispensaries and schools. However, there is no method provided in the ordinance
for determining compliance with this distance separation requirement. As such, the City has used
the state mandated distance separation requirement, which is measured from property line to
property line.
Additionally, although permitted under state law, the City ordinance does not contain a process
to waive or vary the minimum distance separation requirement of 500 feet.
In order to address these two issues, the Planning Board recommended that the City
Commission consider the following amendments to the Ordinance:
1. Establish a clear method for compliance with the required 500 foot distance separation
from a public or private school. The Planning Board recommended that a formal method
for determining distance separation be included in a revised ordnance. Additionally, the
Board recommended that the methodology for determining distance separation be the
same as that which currently applies to alcoholic beverage establishments:
For purposes of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the main entrance or exit in
which the use associated with alcohol beverages occurs to the nearest point of the
property used for a public or private school.
LTC -Medical Cannabis Treatment Centers and Pharmacy Stores -Planning Board Discussion
Date: October 24, 2018
Page: 2 of 2
2. Introduce a process, with specific criteria, to allow for a reduction of the minimum distance
separation requirements from schools. The Planning Board recommended that they be
the body to review and approve requests for reductions in this minimum distance
separation requirement.
There are currently six defined areas in the City (as described in the ordinance) where a medical
cannabis treatment center or pharmacy store may potentially be located. However, based upon
the locations of existing public or private schools, some of these areas are fairly restricted, which
is the case for area 3 (the eastern portion of Arthur Godfrey Road zoned CD-3).
The Planning Board recommended that these proposed amendments be referred to the Land
Use and Development Committee (LUDC) for consideration and recommendation.
Attached is a copy of the Planning Board discussion memo.
- ------ - ---
The Administration recommends that the City Commission consider the above noted
reco~dations of the Planning Board and provide appropriate policy direction.
JLM/SMT/TRM/MAB
C: Raul Aguila, City Attorney
Rafael Granado, City Clerk
F:\PLAN\$ALL\CM_RESP\2018\L TC-PB Medical Cannabis Recommendation.ltc.docx
MIAMI BEACH
PLANNING DEPARTMENT
Staff Report & Recommendation
TO:
FROM:
Chairperson and Members
Planning Board
Thomas R. Mooney, AIC~(ljj
Planning Director ' 0
Planning Board
DATE: October 23, 2018
SUBJECT: Discussion: Medical Canabis Treatment Centers and Pharmacy Stores
Regulations-One Year Update
HISTORY
On February 28, 2017, the Planning Board reviewed and transmitted an ordinance pertaining to
the regulation of medical cannabis dispensaries to the City Commission with a favorable
recommendation.
On June 7, 2017, the City Commission approved the ordinance at First Reading.
On June 9, 2017, the Florida Legislature adopted Senate Bill 8A which established criteria for
medical marijuana treatment centers. This action required that modifications be made to the
subject ordinance.
On June 28, 2017, the City Commission extended the medical cannabis moratorium for 60 days
and referred a revised ordinance to the Planning Board, which modified the proposed medical
cannabis land use regulations to comply with State Law. On July 5, 2017, the Land Use and
Development Committee discussed the revised proposal and recommended that the Planning
Board transmit the proposed ordinance to the City Commission with a favorable
recommendation.
On July 25, 2017, the Planning Board reviewed and transmitted the proposed revised
Ordinance to the City Commission with a favorable recommendation. The Planning Board
recommended the following modifications:
1. Remove the requirement for a conditional use permit.
2. Prohibit drive-thrus for pharmacies and medical cannabis treatment centers.
3. Provide that the Planning Board review the Ordinance and its effectiveness 12 months
after adoption.
The City Commission approved the revised Ordinance Amendment on July 26, 2017, and
adopted the Ordinance at the second reading public hearing on September 25, 2017 (see
attached ordinance and Commission memo). The effective date of the Ordinance was 90 days
following adoption, on Decmber 25, 2017.
Planning Board
Discussion: Medical Canabis Treatment Centers and Pharmacy Stores Regulations-One year update
October 23, 2018 Page 2 of 2
SUMMARY/UPDATE
The City Commission included the modifications recommended by the Planning Board,
identified above, in the adopted ordinance. As such, all reference to a conditional use permit
process was removed from the ordinance. The prohibition on drive-thrus was added, as well as
a review by the Planning Board in 12 months. Additionally, the parking requirement was
modified to one (1) parking space per 300 square feet.
Since the adoption of the Ordinance only one BTR has been issued (on 4/20/18) for a medical
cannabis treatment center located at 1523 Alton Road to (SWC Miami Beach Botanicals, LLC,
DBA Surterra Wellness). There is a pending BTR application for 300 Arthur Godfrey Road,
which was applied for on 4/25/18 under the business name Trulieve.
TRM/MAB
F:\PLAN\$PLB\2018\10-23-18\Discussion -Medical Cannabis\Discussion Medical Cannabis and Pharmacies Land Use Regs
Update PB 10-23-17.docx