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