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Resolution 2020-31206 RESOLUTION NO. 2020-31206 A RESOLUTION BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7THS VOTE, PURSUANT TO CITY CODE SECTION 118-162, THE FEES AND COSTS ASSOCIATED WITH THE CITY'S REVIEW OF THE PROPOSED ORDINANCE PERTAINING TO THE RELOCATION OF LEGAL NON- CONFORMING PHARMACY STORES AND MEDICAL CANNABIS TREATMENT CENTERS WITHIN AN EXISTING BUILDING, WHICH ORDINANCE WAS REFERRED TO THE PLANNING BOARD ON FEBRUARY 12, 2020 (PLANNING BOARD FILE NO. 20-0350), AND FINDING THAT THE PROPOSED AMENDMENT IS NECESSARY DUE TO A CHANGE IN STATE LAW. WHEREAS, City Code Section 118-162(c)(2) provides that, "[i]f an application [to amend the land development regulations or comprehensive plan] is filed by, or on behalf of, a private applicant, the applicant shall be required to pay all applicable planning department fees and costs associated with the application. An application shall not be heard by the planning board or city commission unless and until the application is complete and all applicable fees and costs have been paid"; and WHEREAS, pursuant to City Code Section 118-162(c)(3), "[t]he fees and costs associated with an application filed pursuant to this section may be waived by a five-sevenths vote of the city commission, based upon one or more of the following circumstances: (i) The city manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning; (ii) Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or (iii) If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment"; and WHEREAS, on February 12, 2020, pursuant to Agenda Item C4Z, the Mayor and City Commission referred an Ordinance to the Planning Board pertaining to nonconforming pharmacy stores and nonconforming medical cannabis treatment centers; and WHEREAS, the Ordinance amends Chapter 118 of the City Code, entitled "Administration and Review Procedures," by amending Article IX, entitled "Nonconformances," to permit a nonconforming pharmacy store or nonconforming medical cannabis treatment center to relocate within the same building that it is currently located in, provided that the relocated pharmacy store or medical cannabis treatment center is no larger than 2,000 square feet; and WHEREAS, in 2017, the Florida Legislature adopted a number of regulations on medical marijuana treatment centers, including Section 381.986(11)(b)(2), Florida Statutes, which provides 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 licensed under chapter 465"; and WHEREAS, in light of the provisions of Section 381.986(11)(b)(2), Florida Statutes,which significantly limit the City's authority to adopt land development regulations pertaining to pharmacy stores, the City Manager has determined that the proposed amendment is necessary due to a change in State law. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager and waive, by 5/7ths vote, pursuant to City Code Section 118-162, the fees and costs associated with the City's review of the proposed Ordinance pertaining to the relocation of legal non-conforming pharmacy stores and medical cannabis treatment centers within an existing building, which Ordinance was referred to the Planning Board on February 12, 2020 (Planning Board File No. 20-0350), and finding that the proposed amendment is necessary due to a change in State law. PASSED and ADOPTED this 1 p day of Parch 2020. ATTEST: . ... 31,, 1 IkruaDan Gelber Rafael Granado IHCORP4'ORATED; ? Mayor City Clerk -, - T:\Agenda\2020\03 March\Planning\Fee Waiver-PB Referral Pharmacy Ord-RESO.docx APPROVED AS TO FORM & LANGUAGE &FRP E CUTION 6 d9LUW' Date_ City Attorney Resolutions-C7 0 MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: March 18,2020 SUBJECT:A RESOLUTION BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7TH VOTE, PURSUANT TO CITY CODE SECTION 118-162, THE FEES AND COSTS ASSOCIATED WITH THE CITY'S REVIEW OF THE PROPOSED ORDINANCE PERTAINING TO THE RELOCATION OF LEGAL NONCONFORMING PHARMACY STORES AND MEDICAL CANNABIS TREATMENT CENTERS WITHIN AN EXISTING BUILDING, WHICH ORDINANCE WAS REFERRED TO THE PLANNING BOARD ON FEBRUARY 12, 2020 (PLANNING BOARD FILE NO. 20-0350), AND FINDING THAT THE PROPOSED AMENDMENT IS NECESSARY DUE TOA CHANGE INSTATE LAW. RECOMMENDATION The administration recommends that the City Commission adopt the attached Resolution and grant the requested fee waiver. BACKGROUND/HISTORY On February 12, 2020, the City Commission referred an amendment to the LDR's to the Planning Board, pertaining to legal non-conforming pharmacies (item C4Z). The Planning Board is scheduled to consider the proposed ordinance on March 24, 2020. ANALYSIS The subject amendment was referred on behalf of a private applicant or third party. Pursuant to section 118-162(c)of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances: 1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning; 2. Upon written recommendation of the city manager acknowledging a documented financial Page 506 of 1097 hardship of a property owner(s)or developer(s); and/or 3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment. The City Manager has determined that the proposed amendment is necessary due to a change in state law that requires pharmacies to be regulated by local governments in the same manner as medical cannabis dispensaries.As such, the Administration is supportive of the proposed waiver of fees in this instance. CONCLUSION The Administration recommends that the City Commission approve the attached Resolution granting a waiver of the applicable fees in section 118-7 and Appendix A. Applicable Area Not Applicable Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Planning Sponsor Commissioner Mark Samuelian ATTACHMENTS: Description o Form Approved Reso Page 507 of 1097