8THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
VIA: Steven Alexander, City Manager
FROM: Jane K. Tompkins, Planning and Zoning Director
Date: January 17, 2017
SUBJECT:
An Ordinance amending the Land Development Code,'Articie II, "Definitions", Section 20-2.3,
"Definitions", and Article III, "Zoning Regulations", Sections 20-3.3(0) "Permitted Use
Schedule" and 20-3.4(B) "Special Requirements" adding subsection (24) relating to Medical
Marijuana Centers and providing definitions relating to and criteria and regulations for
Medical Marijuana Centers in the City of South Miami.
BACKGROUND:
In June, 2014, the State of Florida legalized the use of a non-euphoric, Low-THC
cannabis/marijuana for limited medical use by Florida residents. This law was modified in early
2016 to allow terminally ill patients access to other forms of medical cannabis. In November
2016, the State voters approved a Constitutional amendment which expanded the authority to
make versions other than non-euphoric, Low-THC cannabis available to persons with a variety
of debilitating medical conditions. The State Department of Health now has six months to draft
regulations to implement the amendment.
Regardless of the State law and Constitution, the Federal Controlled Substances Act still
prohibits the production, distribution and use of marijuana for any purpose. Repeated requests
to reclassify marijuana and allow it for medical purposes have been rejected by the Drug
Enforcement Administration.
At this time, State law grants municipalities the authority to determine lithe criteria for the
number and location ot and other permitting requirements that do not conflict with State law
or Department rule for, dispensing facilities of dispensing organizations ... ". Communities across
Florida have relied on this language to either ban medical marijuana dispensing facilities, or
adopt zoning regulations that guide the facilities to particular zoning districts. Such
communities are also imposing separation requirements from less intense or sensitive land uses
such as residential uses, and performance standards such as security measures.
REQUEST:
Staff requests that the Commission consider the ordinance on first reading.
Ordinance Regarding Medical Marijuana
January 17,2017
Page 2 of 2
ANALYSIS:
As proposed, facilities are grouped into two categories: those that sell or dispense medical
marijuana ("re tail centers") and those that cultivate, process, sell and distribute ("processing
centers"). Both categories would be allowed only in the Transit Oriented Development District
-Light Industrial (TODD-Ll4) or the Residential Office (RO) zoning districts and only after
receiving a Special Use approval from the Commission. The standard requirements for Special
Uses (identified in Section 20-3.4 of the Land Development Code) will apply.
Under the proposed ordinance, the use must also:
• Satisfy the following separation requirements:
o 300 feet from any RS zoning district
o 1000 feet from another such use, whether it is located within the City or in
another jurisdiction
o 250 feet from a child day care facility, county or municipal park, elementary,
middle or secondary school or place of worship
• Operate only between the hours of 7 a.m. and 9 p.m.
• Ensure that there is no queuing of vehicles in the rights-of-way.
• Not provide a drive-through or drive-in service aisle or a walk-up service window.
• Demonstrate that on-site traffic and parking attributable to the use can be
accommodated on-site.
• Ensure that all activities occur indoors and prohibit loitering outside of the building.
• Prohibit on-site consumption of medical marijuana.
Further, as proposed, landlords of medical marijuana uses must take reasonable measures to
prevent illegal activity on the premises and include in the lease language that failure to comply
with City Code is a non-curable breach of the lease and is grounds for termination of the lease.
PLANNING BOARD RECOMMENDATION:
The Planning Board will review the application before the second reading of the Ordinance.
RECOMMENDATION:
It is recommended that the City Commission pass the Ordinance on first reading.
Attachments:
• Draft Ordinance
JKT
C:\Users\mgarcia.CSM1\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\XV4M9TZC\Ord re Medical Marijuana
Staff Report 010917.docx
1 Ordinance No. ------------------
2 An Ordinance amending the Land Development Code, Article II, Section 20-2.3, and
3 Article III, Sections 20-3.3(D) "Permitted Use Schedule" and 20-3.4(B) "Special
4 Requirements" adding subsection (24) relating to Medical Marijuana Centers and
5 providing definitions relating to and criteria and regulations for Medical Marijuana
6 Centers in the City of South Miami
7 WHEREAS, the City of South Miami regulates development within its boundaries through its
8 Land Development Code; and
9 WHEREAS, the State of Florida has enacted legislation providing for the growing, processing,
10 and distributing of specific forms of low-THC cannabis to qualified patients and their legal
11 representatives for the treatment of listed medical conditions, which is codified as Section 381.986,
12 Florida Statutes; and
13 WHEREAS, the State has also passed a Constitutional amendment to expand the use of medical
14 marijuana for persons suffering from certain debilitating conditions; and
15 WHEREAS, the activities allowed by said legislation remain illegal under federal law; and
16 WHEREAS, medical marijuana centers may create significant safety and security concerns and
17 other nuisances that have negative impacts on the general public and surrounding area; and
18 WHEREAS, the legislation provides that a municipality may determine the criteria for the
19 "number and location of, and other permitting requirements that do not conflict with state law or
20 department rule, for dispensing facilities of dispensing organizations located within its municipal
21 boundaries"; and
22 WHEREAS, the City Commission has determined that it is in the best interests of the residents
23 and general public for the City to regulate the location of medical marijuana centers; and desires to adopt
24 this Ordinance to accomplish the above objectives; and
25 WHEREAS, the City Commission has the responsibility and authority to determine what uses
26 are best suited to particular zoning categories within the City; and
27
28
WHEREAS, the Planning Board reviewed and made a recommendation of _____ by a vote
of to ____ _
29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
30 OF THE CITY OF SOUTH MIAMI, FLORIDA:
31 Section 1. South Miami Land Development Code Article II, "Definitions," Section 20-2.3,
32 "Defmitions" is hereby amended to read as follows:
33 20-2-3 Definitions.
34 * * *
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36 Medical Marijuana (also known as medical cannabis). Shall mean all parts of any plant of the genus
37 Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and
38 every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin
39 that is dispensed only from a dispensing organization for medical use by an eligible patient (as dermed by
40 the State of Florida) and as the term "medical cannabis" is defined by Florida Statute.
41 Medical Marijuana Retail Center (MMRC). Shall mean a retail establishment, licensed by the Florida
42 Department of Health as a "dispensing organization," "dispensing organization facility" or similar use,
43 that sells and dispenses medical marijuana, but does not engage in any other activity related to
44 preparation, wholesale storage, distribution, transfer, cultivation, product development, or processing of
45 any form of Marijuana or Marijuana product, and does not allow on-site consumption of Marijuana. A
46 Medical Marijuana Treatment Center shall not be construed to be a Medical Marijuana Retail Center.
47 Medical Marijuana Processing Center (MMPC). Shall mean a facility licensed by the Florida Department
48 of Health to acquire, cultivate, possess, process (including development of related products such as food,
49 tinctures, aerosols,' oils, or ointments),transfer, transport, sell, distribute, dispense, store, or administer
50 Marijuana, products containing Marijuana, related supplies, or educational materials, as authorized by
51 state law. A Medical Marijuana Treatment Center may include retail sales or dispensing of Marijuana. A
52 facility which provides only retail sales or dispensing of Marijuana shall not be classified as a Medical
53 Marijuana Treatment Center under this Chapter. Also may be referred to as a "Medical Marijuana
54 Treatment Facility" or "dispensing organization" or other similar term recognized by state law.
55
56 Section 2. South Miami Land Development Code Article III, "Zoning Regulations", Section 20-
57 3.3(D), "Permitted Use Schedule" is hereby amended to read as follows:
58 PERMITTED USE SCHEDULE
59 P = PERMITTED BY RIGHT
60 S = PERMITTED AS SPECIAL USE
61 COND = SPECIAL USE CONDITIONS (See Section 20-3.4)
62 PARK = PARKING REQUIREMENTS (See Section 20-4.4(B»
63 X = No conditions were adopted
64
ZONING DISTRICT
USE TYPE T T T
0 0 0 T T
L D D D 0 0
R R M D D D D D C P
R R R R R R R M M U M M L D D 0 A
S S S S S T T 1 2 R L M N S G A U U I P P P P N R
1 2 3 4 5 6 9 8 4 0 0 0 R R R H 4 5 4 I R H I R R D K
* * * * *
RETAILAND
WHOLESALE
TRADE
*****
65
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Lumber and
Building Materials
Store S S
Medical Marijuana
Retail Centers S
Medical Marijuana
Processing Center S S
* * * * *
66
67 Section 3. South Miami Land Development Code Article III, "Zoning Regulations", Section 20-
68 3.4(B), "Special Requirements" is hereby amended by creating a new subparagraph (24) "Medical
69 Marijuana Centers" as follows:
70 (24) MEDICAL MARIJUANA CENTERS (MMC). The following requirements shall be applicable to
71 all Medical Marijuana Retail Centers and Medical Marijuana Processing Centers allowed as a special use:
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(a)
(b)
(c)
(x)
(d)
Location requirements. A MMC shall not be located:
i. Within 300 feet of any RS zoning district
ii. Within 1,000 feet of another MMC, whether it is located in the City or in another
jurisdiction; and
Ill. Within 250 feet of a child day care facility, county or municipal park,
elementary, middle or secondary school, or place of worship;
Distances shall be measured by drawing a straight line between the closest point of a
building housing the MMC to the closest property line of the RS zoning district, another
MMC, school, day care facility, park or place of worship.
Hours of operation. MMC shall only be permitted to operate between the hours of 7:00
a.m. and 9:00 p.m.
Vehicular traffic. The MMC shall ensure that there is no queuing of vehicles in the rights-
of-way. No MMC shall have a drive-through or drive-in service aisle or a walk-up
service window for doing business to the outside of the space housing the MMC.
Parking. Any parking demand created by a MMC shall not exceed the parking spaces
located or allocated on site, as required by the City's parking regulations. An applicant
shall be required to demonstrate that on-site traffic and parking attributable to the MMC
will be sufficient to accommodate traffic and parking demands generated by the MMC,
based upon a current traffic and parking study prepared by a certified professional.
Requirement for indoor operation and prohibition on loitering. There shall be no outdoor
seating areas, queues, or customer waiting areas. All activities of the MMC including
sales, display, preparations and storage shall be conducted entirely within an enclosed
building. The MMC shall not direct or encourage any patient or business invitee to stand,
sit, gather, or loiter outside of the building where the MMC operates, including in a
parked car, in any parking areas, sidewalks, rights-of-way, or neighboring properties for
any period of time longer than reasonably required for patients to conduct their official
business. The owner of the building housing the MMC shall post conspicuous signs on all
sides of the building stating that no loitering is allowed on the property.
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(e)
(f)
(g)
Prohibition of on-site consumption of marijuana. No consumption of medical marijuana
shall be allowed on the premises, including in the parking areas, sidewalks, or rights-of-
way.
Landlord responsibilities. (i) Any landlord, leasing agent, or owner of property upon
which a MMC operates, who knows, or in the exercise of reasonable care should know,
that a MMC is operating in violation of City code or applicable Florida law, including the
rules and regulations promulgated by the state department of health, must take all
reasonable measures to prevent, stop, or take reasonable steps to prevent the continued
illegal activity on the leased premises. (ii) Landlords who lease space to a MMC must
expressly incorporate language into the lease or rental agreement stating that failure to
comply with City code is a material non-curable breach of the lease and shall constitute
grounds for termination of the lease and immediate eviction by the landlord
("Termination Clause"). It shall be a violation of this section for a Landlord to fail to
incorporate such a Termination Clause in the Tenant's lease and/or the failure to take
reasonable steps to evict a Tenant when the Tenant is in violation of the City code. The
Landlord shall pay a fine of $500 each day that the Landlord fails to take reasonable steps
to evict the Tenant as required by this section. If the Landlord takes reasonable steps to
evict the Tenant but is unable to evict due to the Landlord's failure to incoi-porate the
Termination Clause, the Landlord shall pay a fme of $500 per day for each day that the
Tenant is in violation of the City Code.
If a Special Use is, in the future, determined by the Director of Planning and Zoning, to
be adversely affecting the health or safety of persons residing or working in the vicinity
of the proposed use, to be detrimental to the public welfare or property or improvements
in the neighborhood, or to be not in compliance with other applicable Code provisions,
the Special use approval may be modified or revoked by the City Commission up on
notification and public hearing.
128 Section 4. Codification. The provisions of this ordinance shall become and be made part of
129 the Land Development Code ofthe City of South Miami as amended.
130 Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance is for
131 any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
132 affect the validity of the remaining portions ofthis ordinance or the Guidelines adopted hereunder.
133 Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
134 and parts of sections of ordinances in direct conflict herewith are hereby repealed.
135 Section 7. Effective Date. This ordinance shall become effective upon enactment.
136
137 PASSED AND ENACTED this __ day of ____ -----', 2017.
138
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139 ATTEST: APPROVED:
140
141
142 CITY CLERK MAYOR
143 1st Reading
144 2nd Reading
145
146 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
147 LANGUAGE, LEGALITY AND Mayor Stoddard:
148 EXECUTION THEREOF Vice Mayor Welsh:
149 Commissioner Edmond:
150 Commissioner Harris:
151 Commissioner Liebman:
152 CITY ATTORNEY
153
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