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Ordinance 2020-4352 Non-Conforming Pharmacies and Medical Cannabis Treatment Centers — Nonconformance Exceptions ORDINANCE NO., 2020-4352 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING THE CODE • OF THE CITY OF MIAMI BEACH, BY AMENDING SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 118, ENTITLED "ADMINISTRATION • AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX, ENTITLED "NONCONFORMANCES," AT SECTION 118-393, ENTITLED "NONCONFORMING USE OF BUILDINGS," TO PERMIT A NONCONFORMING PHARMACY STORE OR NONCONFORMING MEDICAL CANNABIS TREATMENT CENTER TO RELOCATE WITHIN THE SAME BUILDING, PROVIDED THAT THE RELOCATED PHARMACY STORE OR MEDICAL CANNABIS TREATMENT CENTER IS NO LARGER THAN 2,000 SQUARE FEET, AND TO PROVIDE THAT A NONCONFORMING PHARMACY STORE OR MEDICAL CANNABIS TREATMENT CENTER THAT IS RELOCATED PURSUANT TO THIS SECTION SHALL BE EXEMPT FROM THE MINIMUM DISTANCE SEPARATION REQUIREMENTS SET FORTH IN SECTION 142-1502(b)(4) and (5); AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, Chapter 118 of the City Code, at Article IX, regulates nonconforming uses and nonconforming structures; and WHEREAS, as a general rule, the expansion or reestablishment of a nonconforming use is prohibited; however, existing pharmacies or medical cannabis treatment centers may, from time to time, need to expand or relocate within the same building; and WHEREAS, consistent with this general principle, the Mayor and City Commission now desire to provide the ability to relocate a nonconforming pharmacy store or nonconforming medical cannabis treatment center to another location within the same building, provided that the relocated pharmacy store or medical cannabis treatment center is no larger than 2,000 square feet in size; and WHEREAS, pursuant to Section 381.986(11)(b)(2), Florida Statutes, "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, the amendment set forth below is necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Subpart B of the City Code, entitled "Land Development Regulations," Chapter 118, entitled "Administration and Review Procedures," Article IX, entitled "Nonconformances," is hereby amended as follows: CHAPTER 118 ADMINISTRATION AND REVIEW PROCEDURES * ARTICLE IX. NONCONFORMANCES * * * Sec. 118-393. Nonconforming use of buildings. (a) Except as otherwise provided in these land development regulations, the lawful use of a building existing at the effective date of these land development regulations may be continued, although such use does not conform to the provisions hereof. Whenever a nonconforming use has been changed to a conforming use, the former nonconforming use shall not be permitted at a later date. A nonconforming use shall not be permitted to change to any use other than one permitted in the zoning district in which the use is located. (b) A nonconforming use of a building shall not be permitted to extend throughout other parts of that building. (c) For specific regulations for nonconforming uses related to medical cannabis treatment centers and pharmacy stores, see section 142-1502(d). Notwithstanding the provisions of this article, and notwithstanding the provisions of section 142-1502, a nonconforming pharmacy store or medical cannabis treatment center may be relocated within the same building, provided that the relocated pharmacy store or medical cannabis treatment center does not exceed 2,000 square feet in size. Such relocated pharmacy store or medical cannabis treatment center shall be exempt from the minimum distance separation requirements of section 142-1502(b)(4) or(5), respectively, of these land development regulations. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. • If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this °�9 day of JNfr , 2020. ..-/,---->\.,0009—if ..---5" , 2—"Z /1 if • ,..----..i. .`� * Dan Gelber, Mayor ATTEST: �. •INCORP'ORATED 4- r' Tit '"�TcH 26-, �'',Rafael E. cranaCfy Clerk APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION t."S)--- egi.(--- Z# — (6 — City Attorney �, 1V_ Date First Reading: June 24, 2020 �v Second Reading: July 29, 2020 (1 1 Verified By: r/ Thomas R. Mooney, Al. P / Planning Director Ordinances -R5 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 29, 2020 5:02 p.m. Second Reading Public Hearing SUBJECT:NON-CONFORMING PHARMACIES AND MEDICAL CANNABIS TREATMENT CENTERS - NONCONFORMANCE EXCEPTIONS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 118, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX, ENTITLED "NONCONFORMANCES," AT SECTION 118-393, ENTITLED "NONCONFORMING USE OF BUILDINGS," TO PERMIT A NONCONFORMING PHARMACY STORE OR NONCONFORMING MEDICAL CANNABIS TREATMENT CENTER TO RELOCATE WITHIN THE SAME BUILDING, PROVIDED THAT THE RELOCATED PHARMACY STORE OR MEDICAL CANNABIS TREATMENT CENTER IS NO LARGER THAN 2,000 SQUARE FEET, AND TO PROVIDE THAT A NONCONFORMING PHARMACY STORE OR MEDICAL CANNABIS TREATMENT CENTER THAT IS RELOCATED PURSUANT TO THIS SECTION SHALL BE EXEMPT FROM THE MINIMUM DISTANCE SEPARATION REQUIREMENTS SET FORTH IN SECTION 142-1502(B)(4) AND (5); AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION The administration recommends that the City Commission adopt the subject ordinance. BACKGROUND/HISTORY On February 12, 2020, at the request of Commissioner Mark Samuelian, the City Commission referred the item to the Planning Board (Item C4-Z). ANALYSIS PLANNING ANALYSIS The proposed Ordinance would amend Chapter 118 of the City Code, entitled "Administration and Review Procedures," by amending Article IX, entitled "Nonconformances." Specifically,the legislation would allow for an existing legal nonconforming pharmacy store, or legal nonconforming medical cannabis treatment center, to relocate within the same building that it is Page 679 of 2461 currently located in, provided that the relocated pharmacy store or medical cannabis treatment center is no larger than 2,000 square feet. Pursuant to Section 381.986(11)(b)(2), Florida Statutes, "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." Accordingly, the proposed amendments must apply to nonconforming medical cannabis treatment centers in a manner that is no more restrictive than the way the amendments apply to nonconforming pharmacy stores. The Ordinance also provides that a nonconforming pharmacy store or medical cannabis treatment center that is relocated pursuant to this Ordinance shall be exempt from the minimum distance separation requirements set forth in City Code Section 142-1502(b)(4) and (5). This section requires to a 1,200 foot separation from other medical cannabis treatment centers and pharmacy stores, respectively. Since the proposed ordinance does not lead to the creation of additional pharmacies or medical cannabis treatment centers outside of the permitted districts, staff has no objections to the proposed ordinance. PLANNING BOARD REVIEW The March 24, 2020 and April 21, 2020 Planning Board meetings were cancelled. On May 19, 2020, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0 with no changes. UPDATE. The subject ordinance was approved at first reading on June 24, 2020,with no changes. CONCLUSION The administration recommends that the City Commission adopt the subject ordinance. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Trackinu Planning Sponsor Vice-Mayor Mark Samuelian ATTACHMENTS: Description Page 680 of 2461 o Ordinance , ❑ Ad Page 681 of 2461 28NE I I NEIGHBORS I SUNDAY ANY 122020 MIAMIHERALD.COM BEACH 'BEACH CITY OF MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ORDINANCE AMENDING NON-CONFORMING PHARMACIES. ORDINANCE AMENDING THE RM-2 HOTEL ACCESSORY AND MEDICAL CANNABIS TREATMENT CENTERS- USES-BALLROOM AND MEETING ROOM STRUCTURES NONCONFORMANCE EXCEPTIONS JULY 29,2020 VIRTUAL CITY COMMISSION MEETING JULY 29,2020-VIRTUAL COMMISSION MEETING The July 29, 2020 City of Miami Beach Commission Meeting will be held es a Virtual Meeting with the Mayor, Commissioner,. and City staff participating through video The July 29,2020 City of Miami Beech Commission Meeting we be held as a Withal Meeting with conferencing.The Virtual City Commission Meeting will be broadcast live on Miami Beach TV the Mayor,Commissioners.and City stall participating through video conferencing.The Virtual City (MBiV),viewable on the City's website at Mbaa:/lwww.miamlbeach8.oavlaovemmenl//mbty/ Commission Meeting will be broadcast live on Miami Bosch TV(MBTV).viewable on the City's website as well as on Atlantic Broadband Cable channel 660.AT&T lYvereo channel 99,Hotwire at Otem://www.mlamlbeadM.agv/covemmenl/mbty/ as wall as on ABenue Broadband Cable channel Communications channel 395,and ROKU device on PEG.TV channel,and on social media at 860.AT&T U-verse channel 99.Notwire Communication channel 395,and ROKU device on PEG TV IssabsietLgemiotheategmaNtage.To participate or provide comments,the public may Join the channel,and on social media at fgcebook.com/cltwfinlamlbeach.To participate or provide comments. Virtual City Commission meeting at J11Eoe://ua02wob.zoom.u5/I/8522481188$or via telephone the public may Join the virtual meeting at heer//ueo web zocm.usli/86 24811868 or via telephone at 1.312.826.6799(U.S.)or 888.475.4499(Toll Free).The Webinar ID la:852248118880.Members of the at 1.312.626.6799(U.S.)or 888.475.4499(Toll Free).The Webinar ID le:852248116680, public wanting to speak on an Item during the Virtue'City Commission Meeting,must click the'raise Members of the public wanting to speak on an Item during the Ylrtuai City Commission hand'loon if using the Zoom app or press'9 on the telephone to raise their hand. Meeting,must click the'raise hand'Icon If using the Zoom app or press'9 on the telephone to raise their hand. NOTICE IS HEREBY GIVEN that the following public hearing will be heard by the Mayor and City NOTICE IS HEREBY GIVEN that the following public hearing will be heard by the Mayor end Commissioners of the City of Miami Beach,Florida,on July 29,2020 at 5:02 p.m.,or as soon thereafter as the matter can be heard: City Commissioners of the City of Miami Beach,Florida,on July 29,2020 at 5:01 p.m.,or as soon thereafter as the matter can be heard: 192 am.Second Reeding Public Hearing 5:01 a.m-1J{aeond Reeding Public Hearin NON-CONFORMING PHARMACIES AND MEDICAL CANNABIS TREATMENT CENTERS/ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI NONCONFORMANCE EXCEPTIONS BEACH,FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI BEACH.FLORIDA,BY AN ORDINANCE OF THE MAYOR AND CiTY COMMISSION OF THE CiTY OF MIAMI BEACH,FLORIDA, AMENDING CHAPTER 130 ENTTTLED 'OFF-STREET PARKING,'ARTICLE ll,'DISTRICTS; AMENDING THE CODE OF THE CRY OF MIAMI BEACH,BY AMENDING SUBPART B,ENTITLED REQUIREMENTS, SECTION 130-32. 'OFF-STREET PARKING REQUIREMENTS FOR 'LAND DEVELOPMENT REGULATIONS;BY AMENDING CHAPTER 118,ENTITLED'ADMINISTRATION PARKING DISTRICT NO.1,'TO AMEND THE OFF-STREET PARKING REQUIREMENTS FOR AND REVIEW PROCEDURES,' BY AMENDING ARTICLE IX ENTITLED 'NONCONFORMANCES,' BALLROOMS AND MEETING ROOMS FOR BUILDINGS ASSOCIATED WiTH HOTELS;AND AT SECTION 118-393. ENTITLED 'NONCONFORMING USE OF BUILDINGS; TO PERMIT A AMENDING CHAPTER 142 ENTITLED'ZONING DISTRICTS AND REGULATIONS;ARTICLE II, NONCONFORMING PHARMACY STORE OR NONCONFORMING MEDICAL CANNABIS TREATMENT ENTITLED'DISTRICT REGULA11ONS. DIVISIONS,3,'RESIDENTIAL MULTIFAMILY DISTRICTS,' CENTER TO RELOCATE WiTHIN THE SAME BUILDING, PROVIDED THAT THE RELOCATED SUBDIVISION IV, 'RM-2 RESIDENTIAL MULTIFAMILY. MEDIUM INTENSITY; SECTION PHARMACY STORE OR MEDICAL CANNABIS TREATMENT CENTER IS NO LARGER THAN 2,000 142-213, 'CONDITIONAL USES,'TO AMEND THE ALLOWABLE CONDITIONAL USES IN SQUARE FEET AND TO PROVIDE THAT A NONCONFORMING PHARMACY STORE OR MEDICAL THE RM-2 ZONING DISTRICT;PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION CANNABIS TREATMENT CENTER THAT IS RELOCATED PURSUANT TO THIS SECTION SHALL BE EXEMPT FROM THE MINIMUM DISTANCE SEPARATION REQUIREMENTS SET FORTH IN SECTION AND AN EFFECTIVE DATE.This Ordinance/a being heard pursuant to Section 2.05 of the City 142-1502(BK4)AND(5);AND PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND Charter.Section 118.164 of Ha City's Land Development Code,and§188.041 F.S.Inquiries may AN EFFECTIVE DATE.This Ordinance Is being heard pursuant to Section 118-184 of the City's Land be directed to the Planning Department at 305.873.7550. Development Code.inquiries may be directed to the Awning Department at 305.673.7550. INTERESTED PARTIES are Invited to take part In this meeting or be represented by an agent. INTERESTED PARTIES are invited to take part In this meeting or be represented by an agent.The The public may submit written comments by sending an email to:CltvC lerkeernlamibeach8 gglt public may submit written comments by sending an email to:Cltvelerk®mismlbeach8.nav by 5:00 by 5;00 p.m.the day before the Virtual City Commission Meeting.Please Identify the Agenda p.m.the day before the Virtual City Commission Meeting.Please Identify the Agenda Item Number In Item Number In the email subject line.Emalle received will be forwarded to the Mayor end the email subject Ilne.Emits received will be forwarded to the Meyer end Commissioners and will be Commissioners and will be Included as a part of the meeting record. Included as a part of the meeting record. Copts of Agenda Items ere available for public Inspection at h1me://www.mlamibeachfl.gov/ Copies of Agenda Items are available for public Inspection at httes://www.mlamibeachs.00v/citrhaiW g()v-hall/ciMtleAJecenda-archive-main'osae-2/.This meeting,or any Item therein,may be eltv.clerk/mendeerceNe-melo-oeoe-2/ This meeting,or any item therein,may be continued,end continued,and under such circumstances,additional legal notice need not be provided. under such clroumetancos,additional legal notice need not be provided. Pursuant to Section 288.0105,Fla Stat,the City hereby advises the public that H a person Pursuant to Section 2880105,Fla Stet,the City hereby advises the public that 6 a person decides decides to appeal any decision made by the City Commission with respect to any matter to appeal any decision made by the City Commissbon with respect to any matter considered at Its considered at its meeting or Its hearing,such person must ensure that a verbatim record of meeting or Its hearing,such person must ensure that a verbatim record of the proceedings is made, the proceedings le made,which record Includes the testimony and evidence upon which the which record Includes the testimony and evidence upon which the appeal Is to be based.Thin notice appeal Is to be based.This notice does not constitute consent by the City for the Introduction does not contrarily consent by the City for the Introduction or admission of otherwise inedmisnlbis or or admission of otherwise inadmissible or Irrelevant evidence,nor does It authorize challenges Irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. or appeals not otherwise allowed by law. To request this materiel In sitemeta format,sign language interpreter(8w-day notice required). To request this material In alternate format,sign language interpreter(five-day notice required), Information on ecceaa for persons with disablltlas,and/or any accommodation to review arty document Information on access for persona with disabilities.and/or any accommodation to review any or participate In any Cltyeponeored proceedings,call 306.604.2489 and select 1 for English re 2 for document or participate In any City-sponsored proceedings,call 305.804.2489 and select Spanish,then option 8;TTY users may call via 711(Florida Relay Service), 1 for Engllah or 2 for Spanish,then option 6;TTY users may call via 711 (Florida Relay Service). Rafael E.Grenade,City Clerk Rafael E.Grenade,City Cleric City of Miami Beech City of Miami Beach Ad 07292020.15 Ad 07292020 15 Page 685 of 2461