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
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(2) Area 2 shall include the lots zoned HP located north of the Julia Tuttle Causeway
Interstate 195, as depicted in the map below:
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(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
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(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:
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(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
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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
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City Attorney �+ 1 Date
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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
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