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Ordinance 2019-4247 MEDICAL CANNABIS TREATMENT CENTERS AND PHARMACY STORE AMENDED LAND USE REGULATIONS FOR DISTANCE SEPARATION FROM SCHOOLS LAND USE AND DEVELOPMENT COMMITTEE VERSION ORDINANCE NO. 2019-4247 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE V, ENTITLED, "SPECIALIZED USE REGULATIONS," DIVISION 10, ENTITLED CONTROLLED SUBSTANCES REGULATIONS AND USE," TO: (1) PROVIDE FOR A METHOD OF CALCULATION FOR DISTANCE SEPARATION REQUIREMENTS BETWEEN MEDICAL CANNABIS TREATMENT CENTERS AND PRIVATE OR PUBLIC ELEMENTARY, MIDDLE OR SECONDARY SCHOOLS; AND (2) CREATE A DISTANCE SEPARATION REQUIREMENT BETWEEN MEDICAL CANNABIS TREATMENT CENTERS AND BETWEEN PHARMACIES; AMENDING CHAPTER 130 OF THE CITY CODE, ENTITLED "OFF-STREET PARKING," ARTICLE VI, ENTITLED "PARKING CREDIT SYSTEM," SECTION 130-161, ENTITLED "REGULATIONS," TO CLARIFY PARKING REQUIREMENTS FOR SUCH USES AND PRECLUDE USE OF THE PARKING CREDIT SYSTEM; AMENDING SECTION 142-1502 OF THE CITY CODE ENTITLED "ZONING DISTRICTS ALLOWING MEDICAL CANNABIS TREATMENT CENTERS, PHARMACY STORES, AND RELATED USES, PROHIBITED LOCATIONS, AND NONCONFORMING USES," TO CORRECT THE ZONING DESIGNATION FROM "TC-1" "TC-2" AND "TC-3(c)" TO "TC-1" AND "TC-C" FOR A MAJORITY OF THE BOUNDARY OF AREA 4, DUE TO THE ADOPTION OF THE "NORTH BEACH TOWN CENTER—CENTER CORE" REGULATIONS PURSUANT TO ORDINANCE NO. 2018-4224; AND TO CORRECT A SCRIVENER'S ERROR TO REPLACE HARDING AVENUE WITH BONITA AVENUE, AS THE WESTERN BOUNDARY OF AREA 4; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, on November 8, 2016, Florida voters approved Amendment 2 to the Florida Constitution, entitled "Use of Marijuana for Debilitating Medical Conditions;" and WHEREAS, Amendment 2 allows medical use of marijuana for individuals with debilitating medical conditions as determined by a licensed Florida physician, and allows caregivers to assist patients' medical use of marijuana; and WHEREAS, Amendment 2 requires that the Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers; and WHEREAS, on June 9, 2017, the Florida Legislature adopted Senate Bill 8A, which provided regulations for implementing Amendment 2, and established the definition of Page 1 of 9 medical marijuana treatment center dispensing facilities and parameters for local regulations; and WHEREAS, on June 23, 2017, the Florida Legislature enacted Section 381.986 of the Florida Statutes, which allows a municipality to determine, by ordinance, the criteria for the location of, and other permitting requirements for, medical marijuana treatment center dispensing facilities located within the boundaries of a municipality, provided such requirements do not conflict with State law or department rule; and WHEREAS, Florida law, under Section 381.986(11)(b)(2), requires that a municipality may not enact ordinances for permitting, or for determining the location of, dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies (as licensed under Chapter 465 of the Florida Statutes); and WHEREAS, under Florida law, however, a medical marijuana treatment center dispensing facility is prohibited from being located within 500 feet of a public or private elementary, middle or secondary school, unless the local government expressly waives the distance separation requirement pursuant to a public hearing, determining that such waiver of the distance separation requirements would promote the public health, safety, and general welfare of the community; and WHEREAS, the Mayor and City Commission adopted regulations for medical marijuana treatment center dispensing facilities and pharmacy stores on September 25, 2017, pursuant to Ordinance No. 2017-4133, and now seek to establish and codify the method for calculating the aforementioned distance separation requirements set forth under Florida law (pertaining to the 500 foot distance separation between a school property line and a medical marijuana treatment center dispensing facility); and WHEREAS, the City is legally authorized, pursuant to Section 381.986(11)(b)(2), Florida Statutes, to determine by ordinance, criteria for the location of medical marijuana treatment center dispensing facilities (City utilizes the term "medical cannabis treatment center"), provided there are no specific limits on the number of those businesses to be located within the City; and WHEREAS, a 1200 foot distance separation requirement between individual medical marijuana treatment center dispensing facilities is essential to regulate potentially nuisance causing high impact establishments from proliferating throughout the City; and WHEREAS, the City also finds that it is in the best interest of its residents and visitors to establish a 1200 foot distance separation requirement between medical cannabis treatment center dispensing facilities and between pharmacies; and WHEREAS, this will serve to prevent the clustering or concentration of these businesses, and further accomplish the purpose of disbursing and mitigating the potential deleterious impacts more widely; and WHEREAS, subsequent to the adoption of Ordinance No. 2017-4133, the City created a new zoning district known as the "North Beach Town Center— Center Core", adopted pursuant to Ordinance No. 2018-4224, which changed the designation of much of the Town Center area from the "TC-1" "TC-2" and "TC-3(c)" zoning designations to a new zoning designation of "TC- C", which TC-C designation now encompasses a majority of the boundary of the medical Page 2 of 9 cannabis treatment center and pharmacy district of Area 4, and which designation should be reflected in this Ordinance; and WHEREAS, additionally, the City desires to correct a scrivener's error within the boundary description of Area 4, to replace Harding Avenue with Bonita Avenue as the western boundary. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 142 of the City Code, entitled "Zoning District and Regulations," Article V, entitled "Specialized Use Regulations," entitled, Division 10, "Controlled Substances Regulations and Use," is hereby amended as follows: CHAPTER 142 ZONING DISTRICT AND REGULATIONS ARTICLE V. SPECIALIZED USE REGULATIONS * * * DIVISION 10. CONTROLLED SUBSTANCES REGULATIONS AND USE * * * Sec. 142-1502. Zoning districts allowing medical cannabis treatment centers, pharmacy stores, and related uses, prohibited locations, and nonconforming uses. Any term not specifically defined in these land development regulations shall maintain the meaning provided for in F.S. ch. 381, medical cannabis treatment centers and pharmacy stores shall comply with the following regulations: (a) Permitted areas. Only in accordance with the requirements of this division and the applicable zoning district, medical cannabis treatment centers and pharmacy stores shall be permitted only in the areas listed below: (1) Area 1 shall in include the following subareas: a. Lots zoned CD-2, generally located along Alton Road between 6th Street and 8th Street: lots zoned C-P52 located north of 51h Street between Ocean Court on the east and West Avenue on the west; as depicted in the map below: Page 3 of 9 , =_-— ----- i —1=-_-..7..=I= :7 1=1:1-_-::2_7 ..f/Z.::::.:* ....-- •::: ___� -� % • • •••,A.YAVV.. ..2:I.',•'J".•\,(7'-. :. r. ....;.:,S0 44,,,b,r41,;:t,24.r - '..' ,f;.•.;:Z.:c?::' 2-A .1.g-fmke,....:.;:,, .•.,4t...,;.: ..'..' • ..:. ,...;;,i4..Y/114ii.t.Z'a, eii:Nlve tlgh3't5'h v.d' '!'---,:.# -',. ,-... -•..-.:•A.,-,-go,,,Ava,vek.,.1, n. t414:...:,;•=•=.' ' .. ',..,, ,.:-.' ,:..;:.',:::-.- :::.:;-..,q45.',41t,gyVi`f.n.,,Ki • , I 9.;;:, i'.. 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S4 T t < .* 1 ,�; `3 1 .,; ,,,,,;.,..:..,.a•-..,-,./...,,,,,,,,,..:." t • K' ami INIVE.:?::;sitansirms.,,,.; (2) Area 2 shall include the lots zoned HP located north of the Julia Tuttle Causeway Interstate 195, as depicted in the map below: )' +�y} Sr.+ri*�`u0,_',�.r 1�nVr-i4,,#q�k� Y ti #+t ed`�.�,6.ir 4 d �" 1- k71k(;,-.Ac'w;:' IC ,A.seqp:ok-v-itsk 4 '. tfo ci 50.1:t * 1G1 .o?'�+",ri'' v4 ti,,s., ft-4.4% mpg,— 3• '.,. N�! law o Ps or 1, r ..�jQ Y 1,Tfivo- t , .104d 1' p`'.1116$4.m. 0,44014/41 .: .. f sit, fe`41:0, - . ..- eito!., 4.?.'-,,,:0P,- 17.‘,..-. . ' '''.A ri)" 1‘... ;\ S 4 9,1 a ' n�r�.'W s�r e• N.-7 ',r4., ii'a w ; ,Iii 1, ? .*I x )'tis v ,� t 7{�, ,1 y� IT gra g's t 34 e t ,r �;,' T • t+�iar,n �t���r�1f .\• 610kgg�0 �;`, • , l '1 !°�0,--.0444,0 i! M1 4 t ri !o®��/� �, ., `.Xi/,�-. x uv„�k�':t, ...h. ar.,kr?Sr . .N. ,ar + ..,9 A�- (3) Area 3 shall include zoned CD-3 and fronting 41st Street between Sheridan Avenue and the Indian Creek Waterway, as depicted in the map below: Page 5 of 9 � `� J//6 11131 tE It - - _ 4 4: ,......., ,,, .,„..,,„.. - 1'11 ,----f---. ------C" muter—L-4 L 1,\.,,ii..::?.:.,:.:,:.;:,:!,,:.::::::;:,:.,i: 7, �; be t j/ 1�/ s`GT. � ~....,,,,.,::::.:,::. ��"„ eon u 4:: u 147 11" (4) Area 4 shall include lots zoned TC-1 and TC-C south of 71st Street and lots zoned TC- 2 and TC-3(c), generally located between Collins Avenue on the east, 71st Street on the north, the west lot line of lots fronting Harding Bonita Avenue on the west, and 69th Street on south, as depicted in the map below: TCt TC410 - l C. — -- ' _.mom m osaw '� _� -WC, .;�� , �%%�% ''� �� ��� �'/ � --rte i?}:� Tcatol ��\ ///1:0 (g mom . En / i, . ,,,:',,,,-,,g,,,.!;.;;', ,,,,,,!:.::.:,::,!.,:,;,:',., "' 4:MINIM / r r 1 r ar '%:',;`;:; :".,:',bk:;.• ;.'.1-,;.;1.;.s..„, IIIIIE 1 ,0 ,,,a..i.10,,..,, ,,,:.f;...3.4,:?„,:;,,i,,,,,.,,.. 1 _ , . K ,/,./e. , l :$ I _— , 1N: I..`'._.. . .._.7...• ' 1 "--1-.- -- L •• ? , c (b) Prohibited Location of uses. (1) Medical cannabis treatment centers or pharmacy stores shall be prohibited in all zoning districts and areas not described in subsection (a), above. (2) Medical cannabis treatment centers and pharmacy stores shall be considered prohibited uses on all GU sites. Page 6 of 9 (3) No medical cannabis treatment center or pharmacy store shall be located within 500 feet of a public or private school. The term school shall include, but not be limited to, ,pressheolpr-imaryelementary, middle or secondary school, or secondary school, as provided in F.S. § 1006.06. The minimumdistance separation, requirement shall be determined by measuring a straight line from the entrance and exit of the medical cannabis treatment center to the nearest point of the property line of the school. E No medical cannabis treatment center shall be located within 1200 feet of another medical cannabis treatment center. No pharmacy store shall be located within 1200 feet of another pharmacy. .01 The minimum distance separation requirements set forth in subsections (4) and (5),. shall be determined by measuring a straight line from the entrance and exit of each business. * * Sec. 142-1503. Requirements for medical cannabis treatment centers and pharmacy stores. (a) Reserved. (b) Dispensing of, payment for, and receipt of low-THC, medical cannabis, or pharmaceutical drugs administered by a pharmacy is prohibited anywhere outside of the dispensing facility, including, but not limited to, on sidewalks, in parking areas, drive-thrus, or in the rights-of- way surrounding the dispensing facility; provided, however, this provision shall not be construed to prohibit delivery of low-THC, medical cannabis, or pharmaceutical drugs to an eligible patient, as permitted by state law or.rule. (c) Required parking shall be located on the same parcel or unified development site as the medical cannabis treatment center or pharmacy store, or within 500 feet of the_siteeither in private parking facilities or a public parking facility, not within a residential district, with a lease, unity of title, or covenant-in-lieu of unity of title, or other document of a similar nature. Participation in the fee-in-lieu of parking program and the parking credit program is prohibited. * * * Section 2. Chapter 130 of the City Code, entitled "Off-Street Parking," Article VI, entitled, Parking Credit System," Section 130-161, entitled, "Regulations," is hereby amended as follows: Chapter 130 Off-Street Parking * * * ARTICLE VI. PARKING CREDIT SYSTEM Page 7 of 9 Sec. 130-161. Regulations. Whenever a lawfully permitted building or use is changed in a manner that results in an increase in the number of required parking spaces, the following regulations shall apply. Suchbuilding or use shall receive a parking credit equivalent to the adopted parking requirement for the building or uses in existence at the time of application for a building permit or change of use. The most recent available certificate of use or certificate of occupancy shall be utilized to determine the credit. If a building or use was established prior to the adoption of a parking district that reduces the parking requirement, the parking creditshall be calculated pursuant to: the parking requirementsof parking district no 1. The parking credit shall be calculated at the time of building permit or change of use application and be applied toward the required parking as follows: (1) The parking credit shall only be applied to the area within the existing shell of the building, unless otherwise specifically provided in chapter 118, article IX, of these land development regulations. (2) Parking credits shall not be applicable to buildings or portions of a building that have been demolished, unless otherwise specifically exempted in chapter 118, article IX, of these land development regulations. Parking credits shall not be applicable to medical cannabis treatment centers and pharmacy stores. (3) In order to calculate the parking requirement of a proposed use, the parking credit shall be subtracted from the total parking requirement of the proposed use. The additional required parking shall be provided pursuant to the requirements of section 130-36 or if eligible, the fee in lieu of parking program described in article V of this chapter. (4) Existing required parking spaces, inclusive of spaces for which a complete fee inlieu of required parking was made, for a building or use shall not count towards meeting additional required parking for a proposed use, unless the total number of existing required parking spaces exceeds the total number of required parking spaces of the proposed use. SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are:hereby repealed.. . SECTION 4. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of.the Code of the City of Miami Beach..as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Page 8 of 9. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days following adoption. PASSED AND ADOPTED this /3 day of �'�2h1^l[G(' , 2019. y ATTEST: an Gelber, Mayor Z, t 0 b „ *•,,, BL4 ,• , i , Rafa I E. Granada, i Clerk f?�,:. `• ••............... 7 z First Reading: January 16, 2019 0 4(1.. ,1OOp ORP1EO in) Second Reading: February 13, 2019_ ♦ %.\.\ 1 �r „ (Sponsored by: •mmissioner John Eli abeth AL4°4 (,�: 4.,wCH 1, woo if Verified by: , ,i Thomas R. Mooney, 7 Planning Director T:\AGENDA\2019\02 February\Planning\Medical Cannabis Revisions-ORD- FINAL ADOPTED.docx APPROVED AS TO. FORM & LANGUAGE & FOR EXECUTION 4-491) •� e_ . l gt City Attorney �+ 1 Date A Page 9 of 9 Ordinances - R5 M MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: February 13, 2019 5:01 p.m. Second Reading Public Hearing SUBJECT: MEDICAL CANNABIS TREATMENT. CENTERS AND PHARMACY STORE AMENDED LAND USE REGULATIONS FOR DISTANCE SEPARATION FROM SCHOOLS LAND USE AND DEVELOPMENT COMMITTEE VERSION AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS,"ARTICLE V, ENTITLED, "SPECIALIZED USE REGULATIONS," DIVISION 10, ENTITLED CONTROLLED SUBSTANCES REGULATIONS AND USE," TO: (1) PROVIDE FOR A METHOD OF CALCULATION FOR DISTANCE SEPARATION REQUIREMENTS BETWEEN MEDICAL CANNABIS TREATMENT CENTERS AND PRIVATE OR PUBLIC ELEMENTARY, MIDDLE OR SECONDARY SCHOOLS; AND (2) CREATE A DISTANCE SEPARATION REQUIREMENT BETWEEN MEDICAL CANNABIS TREATMENT CENTERS AND BETWEEN PHARMACIES; AMENDING CHAPTER 130 OF THE CITY CODE, ENTITLED "OFF-STREET PARKING," ARTICLE VI, ENTITLED "PARKING CREDIT SYSTEM," SECTION 130-161, ENTITLED "REGULATIONS," TO CLARIFY PARKING REQUIREMENTS FOR SUCH USES AND PRECLUDE USE OF THE PARKING CREDIT SYSTEM; AMENDING SECTION 142-1502 OF THE CITY CODE ENTITLED "ZONING DISTRICTS ALLOWING MEDICAL CANNABIS TREATMENT CENTERS, PHARMACY STORES, AND RELATED USES, PROHIBITED LOCATIONS,AND NONCONFORMING USES," TO CORRECT THE ZONING DESIGNATION FROM "TC-1" "TC-2" AND "TC-3(C)" TO "TC-1" AND "TC-C" FOR A MAJORITY OF THE BOUNDARY OF AREA 4, DUE TO THE ADOPTION OF THE "NORTH BEACH TOWN CENTER - CENTER CORE" REGULATIONS PURSUANT TO ORDINANCE NO. 2018-4224; AND TO CORRECT A SCRIVENER'S ERROR TO REPLACE HARDING AVENUE WITH BONITA AVENUE, AS THE WESTERN BOUNDARY OF AREA 4; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. Page 515 of 911 ANALYSIS HISTORY On November 14, 2018, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the discussion item to the Land Use and Development Committee (LUDC) (Item C4N). Additionally, the Quality Education Committee (QEC) requested that the Planning Department provide a presentation, in an effort to further understand the approved Ordinance and the Planning Board recommendations. On November 27, 2018, the QEC discussed the item and made recommendations for consideration by the Mayor and City Commission. Specifically, the QEC recommended that the Mayor and Commission consider the following in regards to medical marijuana dispensaries in Miami Beach: 1. Keep the same distance separation between medical marijuana dispensaries as the distance in feet already in place for night clubs and adult entertainment establishments. 2. Keep with State distance minimum requirements of 500 feet property line to property line from schools. 3. Not restrict distance requirement to schools only, but rather where legitimate youth programs are run out of like Jewish Community Center(JCC), Parks and Recreation programs, etc. On November 28, 2018, the LUDC discussed the item, including the recommendations from the QEC, and recommended that the regulations for Medical Cannabis Treatment Centers and Pharmacy Stores be approved with the following additional recommendations: 1. The distance separation requirements be measured from the entrance and exit points, and a separate notice to the affected school be provided. 2. A distance separation requirement between facilities be established and that the City Attorney's office continue to review the feasibility of including this. 3. If a distance waiver is to be considered in the future, the City Commission would be the entity to review any waivers, and waivers would only be potentially allowed provided the facility is not located on ground floor. BACKGROUND On September 25, 2017, the City Commission adopted Ordinance No. 2017-4133, which established 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, 2017. The existing ordinance contains a minimum distance separation requirement of 500 feet between dispensaries and schools, but does not provide a method 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. The adopted Ordinance also contains a provision for the Planning Board to review the Ordinance and its effectiveness 12 months after adoption. On October 23, 2018, the Planning Board Page 516 of 911 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 dispensary operators regarding the distance separationrequirements from schools. In order to address the distance separation 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 ordinance.Additionally, the Board recommended that the methodology for determining distance separation be the same as that which currently applies to alcoholic beverage establishments, which is as follows: 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. 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. PLANNING ANALYSIS Two separate versions of the proposed ordinance, a Planning Board version and a Land Use and Development Committee (LUDC) version, were proposed at First Reading. The following is a summary of each version of the proposed legislation presented at First Reading: LUDC Version: 1. Minor clarification changes and scrivener modifications pertaining to parking credits, the newly established TCC district in North Beach and ordinance terminology. 2. A better defined methodology for distance separation measurement is proposed, which mirrors the distance separation methodology used for alcoholic beverage establishment. Specifically, the minimum distance separation requirement shall be determined by measuring a straight line from the entrance and exit of the medical cannabis treatment center dispensing facilities to the nearest point of the property line of the school. 3. A minimum distance separation of 300 feet between medical cannabis treatment center dispensing facilities is proposed. This minimum distance separation requirement will also apply between pharmacy stores. The methodology for this particular distance separation requirement would be determined by measuring a straight line from the entrance and exit of each business. Planning Board Version: 1. Minor clarification changes and scrivener modifications pertaining to parking credits, the newly established TCC district in North Beach and ordinance terminology. 2. A better defined methodology for distance separation measurement is proposed, which mirrors the distance separation methodology used for alcoholic beverage establishment. Specifically, the Page 517 of 911 minimum distance separation requirement shall be determined by measuring a straight line from the entrance and exit of the medical cannabis treatment center dispensing facilities to the nearest point of the property line of the school. 3. A minimum distance separation of 300 feet between medical cannabis treatment center dispensing facilities is proposed. This minimum distance separation requirement will also apply between pharmacy stores. The methodology for this particular distance separation requirement would be determined by measuring a straight line from the entrance and exit of each business. 4. A waiver provision for the minimum distance separation requirements from schools. The Planning Board further recommended that such waiver be considered after public hearing by the Planning Board, and that the Board make a determination that the location with a reduced distance separation requirement promotes the public health, safety, and general welfare of the community. PLANNING BOARD REVIEW On December 18, 2018, the Planning Board held a public hearing regarding the proposed LDR Amendment and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0). The Planning Board also recommended the aforementioned modification, pertaining to the inclusion of a minimum distance waiver process from schools, be included. SUMMARY/ UPDATE On January 16, 2019, the City Commission discussed both the LUDC and Planning Board versions of the Ordinance and approved the LUDC version at First Reading. The LUDC version of the ordinance (attached) is now the only version before the City Commission and is recommended for adoption. Additionally, the City Commission directed the Administration and the City Attorney's Office to include an exceptions provision to the 300 foot minimum distance separation requirement between dispensaries. In the regard, text has been added to the Ordinance to exempt any applicant from the 300 foot distance separation requirement between medical cannabis and pharmacy uses, provided a valid building permit processing number for a medical cannabis treatment center or pharmacy was obtained on or prior to January 16, 2019. Based upon research of building permit process numbers issued on or before January 16, 2019, the following entities would be eligible for an exemption if included in the ordinance: 1. 1011 5th Street. 2. 1428 Alton Road (Medmen). 3. 300 Arthur Godfrey Road. Note: Currently this entity does not have an issue with distance separation from another dispensary, but is closer than 500 feet to an existing school. The exemption proposed in the ordinance is only applicable to distance separation from another dispensary, and NOT distance separation from a school. For information purposes, the following is a summary of dispensaries that are in approved status, as well as locations that have made inquiries regarding dispensary requirements: Page 518 of 911 Locations with approved and operational Medical Cannabis Dispensaries: • 1523 Alton Road—Surterra Wellness Center. Locations with approved building permits for Medical Cannabis Dispensaries: • 1439 Alton Road Locations that have requested zoning letters pertaining to Medical Cannabis Dispensaries: • 500 Collins Avenue. • 1510 Alton Road. • 7426 Collins Avenue. • 864 Commerce Street. Note: This request was cancelled prior to the letter being prepared and was never issued. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. Legislative Tracking Planning/Office of the City Attorney Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description ❑ Ordinance ❑ Ad Page 519 of 911 8NE NEIGHBORS SUNDAY JANUARY 27 2019 MIAMINERALD.COM MIAM EAC CITY OF MIAMI BEACH PUBLIC HEARING NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS RELATING TO DISTANCE SEPARATION BETWEEN MEDICAL CANNABIS TREATMENT CENTERS AND: 1) SCHOOLS AND 2) PHARMACY STORES FEBRUARY 13, 2019 NOTICE IS HEREBY given that the following Second Reading Public Hearing will be heard by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chamber,Third Floor,City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 13, 2019 at 5:01 p.m.,or as soon thereafter as the matter can be heard: 5:01 a.m.Second Reading Public Hearing MEDICAL CANNABIS TREATMENT CENTERS AND PHARMACY STORE AMENDED LAND USE REGULATIONS FOR DISTANCE SEPARATION FROM SCHOOLS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE V, ENTITLED, "SPECIALIZED USE REGULATIONS," DIVISION 10, ENTITLED CONTROLLED SUBSTANCES REGULATIONS AND USE,"TO: (1) PROVIDE FOR A METHOD OF CALCULATION FOR DISTANCE SEPARATION REQUIREMENTS BETWEEN MEDICAL CANNABIS TREATMENT CENTERS AND PRIVATE OR PUBLIC ELEMENTARY, MIDDLE OR SECONDARY SCHOOLS; AND (2) CREATE A DISTANCE SEPARATION REQUIREMENT BETWEEN MEDICAL CANNABIS TREATMENT CENTERS AND BETWEEN PHARMACIES; AMENDING CHAPTER 130 OF THE CITY CODE, ENTITLED "OFF-STREET PARKING," ARTICLE VI, ENTITLED "PARKING CREDIT SYSTEM," SECTION 130-161, ENTITLED "REGULATIONS," TO CLARIFY PARKING REQUIREMENTS FOR SUCH USES AND PRECLUDE USE OF THE PARKING CREDIT SYSTEM; AMENDING SECTION 142-1502 OF THE CITY CODE ENTITLED "ZONING DISTRICTS ALLOWING MEDICAL CANNABIS TREATMENT CENTERS, PHARMACY STORES, AND RELATED USES, PROHIBITED LOCATIONS, AND NONCONFORMING USES," TO CORRECT THE ZONING DESIGNATION FROM "TC-1" "TC-2" AND "TC-3(C)" TO "TC-1" AND "TC-C" FOR A MAJORITY OF THE BOUNDARY OF AREA 4, DUE TO THE ADOPTION OF THE "NORTH BEACH TOWN CENTER - CENTER CORE" REGULATIONS PURSUANT TO ORDINANCE NO. 2018-4224; AND TO CORRECT A SCRIVENER'S ERROR TO REPLACE HARDING AVENUE WITH BONITA AVENUE, AS THE WESTERN BOUNDARY OF AREA 4; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2.05 of the City Charter, §166.041 F.S. and Section 118-164 of the City's Land Development Code.Inquiries may be directed to the Planning Department at 305.673.7550. INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive, 1"Floor,City Hall,Miami Beach,Florida 33139.A copy of this item is available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1"Floor,City Hall,Miami Beach, Florida 33139.This meeting,or any item herein, may be continued,and under such circumstances,additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format,sign language interpreter(five-day notice required),information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select option 6; TTY users may call via 711 (Florida Relay Service). Rafael E. Granado, City Clerk City of Miami Beach Ad 022319-06 Nage 529 of 911