12THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members ofthe City Commission
VIA: Steven Alexander, City Manager
FROM: Jane K. Tompkins, Planning and Zoning Director
Date: March 7, 2017
SUBJECT:
Agenda Item No.: L ~
An Ordinance amending the Land Development Code, Article II, "Definitions", Section 20-2.3,
"Definitions", and Article III, "Zoning Regulations", Sections 20-3.3{D} "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 "the criteria for the
number and location of, 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.
The City Commission passed the ordinance on first reading on January 17, 2017 with a
recommendation that the Medium-Intensity Office (MO) district be added. The attached draft
ordinance includes that addition as well as the following changes recommended by the
Planning Board:
Ordinance Regarding Medical Marijuana
March 7, 2017
Page 2 of 3
• The separation requirement from a child day care facility, county or municipal park,
elementary, middle or secondary school or place of worship should be 500 feet, not
250 feet.
• Processing centers should only be allowed in the Transit Oriented Development
District -Light Industrial (TODD-Ll4).
• Deleted language from the definitions that referred to medical marijuana treatment
center and treatment facility.
REQUEST:
Staff requests that the Commission consider the ordinance on second reading.
ANALYSIS:
As proposed, facilities are grouped into two categories: those that sell or dispense medical
marijuana ("retail centers") and those that cultivate, process, sell and distribute ("processing
centers"). Both categories would be allowed in the Transit Oriented Development District -
Light Industrial (TODD-Ll4). Retail centers would also be allowed in the Residential Office (RO)
and Medium-Intensity Office (MO) zoning districts. All facilities will require 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 500 feet from a child day care facility, county or municipal park, elementary,
middle or secondary school or place of worship
(Note: The draft presented at first reading had a separation requirement of 250
feet; the Planning Board recommends 500 feet).
• 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 premi~es 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.
JKT
Z:\Commission Items\2017\03-07-2017\Medical Marijuana Text Amendment\Ord re Medical Marijuana Staff Report 030717.docx
Ordinance Regarding Medical Marijuana
March 7, 2017
Page 3 of 3
PLANNING BOARD RECOMMENDATION:
The Planning Board held a public hearing on the ordinance on February 14, 2017 and
unanimously recommended approval with the amendments noted above.
RECOMMENDATION:
It is recommended that the City Commission consider the ordinance on second reading.
Attachments:
• Draft Ordinance
• Draft excerpt of Planning Board meeting minutes
JKT
Z:\Commission Items\2017\03-07-2017\Medical Marijuana Text Amendment\Ord re Medical Marijuana Staff Report 030717.docx
1 Ordinance No. -------------------
2 An Ordinance amending the Land Development Code, Article n, Section 20-2.3, and
3 Article ill, 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 form'S 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 WHEREAS, the Planning Board reviewed and made a recommendation of approval by a vote of
28 six (6) ayes to zero (0) nays.
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 "Definitions" is hereby amended to read as follows:
33 20-2-3 Definitions.
34 * * *
Page 1
35
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 defined by
40 the State of Florida) and as the term "medical cannabis" is defined by Florida Statute.
41 . Medical Marijuana Center (MMC). Shall mean either a Medical Marijuana Retail Center or a Medical
42 Marijuana Processing Center as defined herein.
43 Medical Marijuana Retail Center (MMRC). Shall mean a retail establishment, licensed by the Florida
44 Department of Health as a "dispensing organization," "dispensing organization facility" or similar use,
45 that sells and dispenses medical marijuana, but does not engage in any other activity related to
46 preparation, wholesale storage, distribution, transfer, cultivation, product development, or processing of
47 any form of Medical Marijuana or Medical Marijuana product, and does not allow on-site consumption of
48 Medical Marijuana.
49 Medical Marijuana Processing Center (MMPC). Shall mean a facility licensed by the Florida Department
50 of Health to acquire, cultivate, possess, process (including development of related products such as food,
51 tinctures, aerosols, oils, or ointments),transfer, transport, sell, distribute, dispense, store, or administer
52 Medical Marijuana, products containing Marijuana, related supplies, or educational materials, as
53 authorized by state law. A Medical Marijuana Processing Center may include retail sales or dispensing of
54 Medical Marijuana. A facility which provides only retail sales or dispensing of Medical Marijuana shall
55 not be classified as a Medical Marijuana Processing Center.
56
57 Section 2. South Miami Land Development Code Article III, "Zoning Regulations", Section 20-
58 3.3(D), "Permitted Use Schedule" is hereby amended to read as follows:
59 PERMITTED USE SCHEDULE
60 P = PERMITTED BY RIGHT
61 S = PERMITTED AS SPECIAL USE
62 COND = SPECIAL USE CONDITIONS (See Section 20-3.4)
63 PARK = PARKING REQUIREMENTS (See Section 20-4.4(B»
64 X = No conditions were adopted
65
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
* * * * *
RETAIL AND
Page 2
WHOLESALE
TRADE
*****
Lumber and
Building
Materials Store S S
Medical
Marijuana
Retail Center S S S
Medical
Marijuana
Processing
Center 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 CENTER (MMC). The following requirements shall be applicable to
71 all Medical Marijuana Retail Centers and Medical Marijuana Processing Center allowed as a special use:
72
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(a)
(b)
(c)
(x)
(d)
Location requirements. A MMC shall not be located:
1. Within 300 feet of any RS zoning district;
11. Within 1,000 feet of another MMC, whether it is located in the City or in another
jurisdiction; and
111. Within 500 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 ofthe 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 of7:00
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
Page 3
11
24 9
24 9
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ee)
(f)
(g)
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 ofthe building housing the MMC shall post conspicuous signs on all
sides of the building stating that no loitering is allowed on the property.
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: lfthe Landlord takes reasonable steps to
evict the Tenant but is unable to evict due to the Landlord's failure to incorporate the
Termination Clause, the Landlord shall pay a fine 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
121 be adversely affecting the health or safety of persons residing or working in the vicinity
122 of the proposed use, to be detrimental to the public welfare or property or improvements
123 . in the neighborhood, or to be not in compliance with other applicable Code provisions,
124 the Special use approval may be modified or revoked by the City Commission up on
125 notification and public hearing.
126
127 Section 4. Codification. The provisions of this ordinance shall become and be made part of
128 the Land Development Code of the City of South Miami as amended.
129 Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance is for
130 any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
131 affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder.
132 Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
133 and parts of sections of ordinances in direct conflict herewith are hereby repealed.
134 Section 7. Effective Date. This ordinance shall become effective upon enactment.
135
Page 4
136 PASSED AND ENACTED this __ day of ,2017.
137
138 ATTEST: APPROVED:
139
140
141 CITY CLERK MAYOR
142 1 st Reading
143 2nd Reading
144
145 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
146 LANGUAGE, LEGALITY AND Mayor Stoddard:
147 EXECUTION THEREOF Vice Mayor Welsh:
148 Commissioner Edmond:
149 Commissioner Harris:
150 Commissioner Liebman:
151 CITY ATTORNEY
152
Page 5
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, February 14, 2017
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section BA-5, requires that all lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee oj
$500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or
without compensation to influence any action, decision, eone with the city, including the
city manager, city attorney, department heads, city personnel, or the city commission or members oj
any city board, concerning a matter that could foreseeably be ity commission or a city board. There
are some exceptions and exemptions. The following are be lobbyist: a representative of a
principal at a quasi-judicial hearing, experts who present information at public meetings,
representatives of a neighborhood association of a not-for-profit
community based organization for the purpose of . influence without special
compensation.
Individuals who wish to view or listen
meeting can be found on the city's
I. Call to Order
Action: Mr. Grei
II. Roll Call
City Staff Absent:
City Attorney: Mr. Thomas Pepe
III. Board Elections
rsions of the
(Chairman), Ms. Fischer (Vice-
(Planning Director) and Mr. Marcus Lightfoot (Senior
Ms. Glavey joined the meeting at 7:13 p.m.
Motion: Ms. Kahn motioned to move the Board Elections to the end of the meeting. Mr. Greiner
seconded the motion.
1
Vote: Yes 6, No 0 (None)
Mr. Basu: Yes
Ms. Glavey: Yes
Mr. Greiner: Yes
M,s. Fischer: Yes
Ms. Kahn: Yes
Dr. Philips: Yes
Once all of the items were heard, the Board held discussions on who should be elected chair and
vice-chair of the Planning Board. After deliberation, the following motions were held.
Motion: Dr. Philips moved to elect Subrata Basu as Chair nning Board. The motion was
seconded by Mr. Greiner.
Vote: Yes 6, No 0 (None)
Mr. Basu: Yes
Ms. Glavey: Yes
Mr. Greiner: Yes
Ms. Fischer: Yes
Ms. Kahn: Yes
Dr. Philips: Yes
of the Planning Board.
Motion: Mr. G air of Planning Board. The motion
Mr. Basu: Philips
Ms. Glavey: Glavey
Mr. Greiner: Glavey
Ms. Fischer: Philips
Ms. Kahn: Philips
Dr. Philips: Glavey
. by voice, vote for the vice chair.
Ms. Fischer stated that Ms. Glavey's term had already expired. Mr. Pepe stated that a board
member whose term has expired can continue to serve until either replaced or reappointed.
2
Motion: Mr. Greiner asked for a second vote for Vice Chair
Vote: Glavey 4, Philips 2
Dr. Philips: Glavey
Ms. Kahn: Philips
Ms. Fischer: Philips
Mr. Greiner: Glavey
Ms. Glavey: Glavey
Mr. Basu: Glavey
IV. Administrative Matters
V.
None at this Time
1. PB-17-00S
'" .,"" (~J;; ••• 1·~······
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<,))\), .... ; ....... (.~ ....... ; .••...•.•.•.......••....... ;.... . \':/\\>, .\~ .:~::.'::: ,. ·\:::~~}.:8~1h: ...
Public Hearings
Applicant: City of South Miami~i';', . .;·:;·;'~;;.!;;;e
An Ordinance amending thel:lri~\fB~y~lopment C64~~Articie II, Section 20-2.3, "Definitions"
and Article III, Sections 20:3~~l[)F'i:f;p~r",itted l)~~5)!s.chedule" and 20-3.4(8) "Special
Requirements" adding sUbsectio~~~t'~~)';~I~tr~l;!~ Me(n&~!;!¥Iarijuana Centers and providing
::~;~t~~s~~la.~:iili,I)~I;~fiiB~.:iteria a~h~Jf~\;~UI~;~:;i~~~'~i;~.:~it~(~arijUana Centers in the City of
Ms. Kahn readl'~~~!~lt~m in~~t~~~~\record. \:;i;.;.l!~;,·;;;;··t~;H}
···Wtttb:. . :::.-"": . ..~~~~~j;~~\: ;ililjr~e;~1tl~~t~rrd. ,dJ;'!I~' .' ···.;;40%),··.·;\.. . "');%';>;,'?
+J¥1r~Greiner state(Un~et if tli~t~iS anythirig~'t9'learn from Colorado, it is the issue with people
~~11t~~ .. affiliated goJ(J~;QWSid~6t.;tpt stores and customers buying product and then partaking in
putJfjQ~;!'lQnsumption.H~(;~hen q'li~~tjQned whether 300 ft. from RS residential districts was enou~Wi~~&i;J would suggJ${~nat 250'¥~~t from public buildings is not enough. .
';~~~!;j~'il}11~';:1';i
Mr. Greinera~k¢.Q. if the o-qmber of locations can be limited by state statute, of which Mr. Pepe
stated that the·\~~f~te.statat€;jdoes not limit the number of facilities but does limit the number of
'\~~;;:~;;':;::;':>.: .... :f@::::::\~:.f'·
users per distribut~liii!K?!'tg: Tompkins added that per the state statute, the number of facilities
could be limited by tH~'!City of South Miami. Mr. Greiner added that it might be a good idea to
cap the number of facilities allowed in the City. Mr. Pepe added that by placing distance
requirements in the amendmen~ the City will limit the amount of facilities.
Mr. Greiner questioned why the Medium Intensity (MOj and Residential Office (ROj zoning
districts were included in the districts where medical marijuana would be allowed. Mrs.
Tompkins responded that the item had already been to the City Commission for first reading
and the thought behind those districts was the fact that medical marijuana retail facilities would
be similar to a pharmacy even though there probably would not be any MO or RO districts that
would be currently eligible under the proposed ordinance, it doesn't rule out the opportunity
for someone to file a zoning map amendment.
3
Dr. Philips stated that since the processing center would not have customer traffic, it might be a
better fit for the RO and MO district.
Mr. Basu stated that there was an error pertaining to "Medical Marijuana Processing Center" in
the Permitted Use Schedule. The "s" should be removed from the column labeled "Low Intensity
(LO)" and placed in the column labeled "Residential Office (ROj". Mrs. Tompkins reviewed the
proposed ordinance and found that Mr. Basu was correct.
Mr. Basu asked if the Ordinance would allow more processing centers than retail centers in the
City. He then asked if processing centers should be restri ore than retail centers. Mr. Pepe
stated that processing centers wouldn't have any traffic stomers. Mr. Basu then asked if
the processing center would have issues with noise II, of which Mrs. Tompkins stated
that processing centers typically have these r. Basu then responded that the
processing centers should really be placed in th of the City and the retail center
would make more sense in the RO district. Mr. Basu's logic in that the
processing center should be limited to on special use permit.
Mr. Greiner asked if staff has looked at
conversation with commissi
Dr. Philips n't of these types of places. Mr.
forced upon the city in a lawsuit
dical Marijuana Treatment Center" and then
that there is a reference to the treatment
Processing Center". Mrs. Tompkins responded
edical Marijuana Processing Center" was initially called a
. It was a change that didn't get picked up.
ical Marijuana Treatment Center appears in the definition for
r" as well and should be changed. Dr. Philips stated that the
confused her. She also stated that the "s" in "Medical Marijuana
d.
Mr. Basu asked if there was any rationale behind the selection of the distance requirements.
Mrs. Tompkins stated that staff looked at what other municipalities were using and then started
analyzing the City's map to see where optimal locations would be. He then brought up the
distance requirements for liquor stores, of which Staff stated the requirements. Mr. Basu then
stated that with everything in the surrounding area, it may be difficult to find a location that
meets all ofthe proposed distance requirements.
Ms. Fischer stated that Denver ratified marijuana for recreational use, which is very different
from what is being proposed at this time. She then stated that the proposed amendment sounds
like a pharmacy type situation. She then stated that she doesn't see this as being a big problem
4
for the City. Dr. Philips added that the planning director has the ability to shut down the
business if there are any issues.
Mr. Greiner stated that the distance between the "Medical Marijuana Center" and child day
care facility, county or municipal park, elementary, middle or secondary school, or place of
worship should be increased from 250 feet to 500 feet so that it matches the distance
requirements for liquor stores.
Ms. Glavey asked what the difference was between a treatment center and a processing center.
Mr. Greiner explained that because medical marijuana is a class 1 drug, a doctor cannot directly
prescribe it. The doctor gives a recommendation and the .. nt is evaluated by the treatment
center to see if it is necessary. He then stated that the t ... center is irrelevant and that his
recommendation would be remove the last 2 from the "Medical Marijuana
Processing Center" definition. If the business ha ng, then it is just a processing
center and if there is any retail component the .. a retail center.
Mr. Greiner repeated what the
amendments are as follows:
1.
"processing" and remove
2. Change to definition for'
"retail" and remove the last
3. Medical Marijuana
special use
4. Medical
districts
,.no"".n.-nposed ordinance. These
. "treatment" with
,in TODD U-4 zoning district by
, MO, and TODD U-4 zoning
be in the same building as the retail center. Ms.
processing center is in a location different
Id be allowed in a mixed use building that had residential,
Id be allowed because it wouldn't be in a residential
··e retail center is being treated as a pharmacy but isn't
where a pharmacy is permitted. Mr. Pepe stated that there
for a pharmacy. He then stated that they can't be compared
of a liquor store and pharmacy.
Ms. Glavey asked if . issue could be revisited once the ordinance has been passed. She then
asked if she could see what other municipalities are doing about this, of which Mr. Pepe stated
that a lot of municipalities are enacting moratoriums instead of being proactive on the issue.
Mr. Greiner continued reading the proposed amendments into the record.
5. Increasing the distance requirement between child day care facilities, county or municipal
park, elementary, middle or secondary school, or place of worship and "Medical Marijuana
Centers" to 500 feet so that it is in line with liquor stores.
The Chairperson opened the floor to public comments on P8-17-00S.
5
• None at this Time
The Chairperson closed the floor to public comments on P8-17-00S.
Motion: Mr. Greiner moved to approve PB-17-005 with the following amendments:
1. Change to definition for "Medical Marijuana Processing Center": replace "treatment" with
"processing" and remove last sentence of the definition;
2. Change to definition for "Medical Marijuana Retail "~.~nter": replace "treatment" with
"retail" and remove the last sentence of the definition;f,yyt ,(/]~{;::·j:;;~~r';:,:· ,
3. Medical Marijuana Process Centers will onIY"Q~~~ii~~~d in TODD LI-4 zoning district by
spec ial use perm,·t,·q.i .•• ·.Y;/ <;~·fi.. . .,::; "::'.:':::"'::::;:i:~,
<:.:.,.,:<>::-: .«;~:\;:~
4. Medical Marijuana Retail Centers W,ilt;.~~j~:e allowed in R8'~1;r~R and TODD LI-4 zoning
districts by special use permit; and ';~~~i)j;'\:..'~;ii •. ,
:';;A%\~:~ ::'. ,,< :.·c.···· ,.
5. Increasing the distance
park, elementary, middle 'O·t,·se(~on
Centers" to 500 feet so
VI. PUbli':/New :!\~~t
The Chairpersd61~Rened the.)!lgpr to public comments and any new business.
Public comment~I1'
"~{::r::~5:(::"
No comments from the public.
New Business Section
Mrs. Tompkins stated that the Department is trying to schedule workshops for the LDC/Comp Plan
Rewrite in March. The tentative dates are March 15 and March 22. She then asked if the Board had
a preference. The Board discussed the dates, and it appears that March 22 would be best. Mrs.
Tompkins then stated that she would reach out to Mr. Melow to see about his preference.
The Chairperson closed the floor to public comments and any new business.
6
VII. Approval of the Minutes
1. Planning Board Minutes of January 10, 2017:
Motion: Dr. Philips moved to approve the meeting minutes with conditions. Mr. Greiner
seconded the motion.
Vote: Yes 6, No 0 (None)
Mr. Basu: Yes
Ms. Glavey: Yes
Mr. Greiner: Yes
Ms. Fischer: Yes
Ms. Kahn: Yes
Dr. Philips: Yes
VIII. Future Meeting Date:
7
SUNDAY FEBRUARY 26 2017
M1AMIHERALD.COM NEIGHBORS I 19SE
NORTH MIAMI
Time for residents to weigh in on Chinatown district
BY LANCE DIXON
Idixonr../pmiamilll.'1"a/d.collI
More than a vear after
the plans for a Chinatown
in North Miami were ap-
proved, the city is hosting a
community forum on the
planned district.
The area, planned for a
stretch of Northwest Sev-
enth Avenue from 119th to
135th streets, has gained
marc support since it was
first announced, but some
residents are still asking
the same questions about
the district a year later:
Why Chinatown and why
North Miami?
"We have so many other
things that we need t.o
prioritize. Our water me-
ters need to be updated, we
have cracking sidewalks,"
said Judy Brown, president
of the SWlkist Grove home-
owners association.
Residents will have a
chance to ask those ques-
tions, discuss the master
plan for the district and
learn about the city's next
steps at 5:30 p.m. Wednes-
day at the Joe Celestin
Center, 1525 NW 135th St.
City leaders believe that
the new designation will
encourage development
along Seventh Avenue, an
area that has seen new fast
food restaurants in recent
years but is primarily lined
with strip malls, churches
and small businesses.
North Miami plans to in-
corporate Chinese design
and facade elements.
"If you put a facade with
a dragon's head across
119th Street and just say
it's Chinatown, that's not a
Chinatown," Brown said.
Councilman Alix Des-
ulme spearheaded the idea
and traveled with a
delegation of city leaders
to China last May to partic-
ipate in the graduation
ceremony for Florida In-
ternational University's
hospitality school campus
in Tianjin, China, and to
also meet with urban
planners and other
government officials in
Tianjin, Beijing and Shang-
hai.
"1 have lived here almost
all my life. I have not seen
any development on Sev-
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enth Avenue," pesulme
said at a previous council
meeting.
The plan has evolved to
inclnde the city's commu-
nity redevelopment i'gency
and the Fort Lauderdale
. consulting firm Keith and
Schnurs. In addition to the
Chinatown designation,
the city is considering
more mixed-use devel-
opment along Seventh
Avenue. City leaders also
plan to appoint a steering
committee to aid the dis-
trict's development. It will
include business olvners,
residents, Chinese consul-
tants and real-estate ex-
perts.
Demographics were also
a cause of confusion when
the area was first proposed,
given the small number of
Asian Americans in South
Florida and particularly in
North Miami. According to
2014 U.S. Census esti-
mates, Asians make up 1.6
percent of Miami-Dade's
popUlation and 2.2 percent
of North Miami's pop-
ulation. In the city, 139
people identified them-
selves as having Chinese
ancestry.
City leaders have coun-
tered those numbers by
pointing to the hundreds of
Chinese students that have
courses at FlU's campus in
North Miami, a number
that's bolstered by the
partnership with the cam-
pus in Tianjin.
Still, some residents in
the city's District 4 -a
(I),
primarily black and His-
panic area where China-
town will be located-
think the investment is not
truly for the area's long-
time homeowners.
"They're using the [com-
munity redevelopment
agencYI to really help an-
other community," at·
torney Ron Cordon said.
"That money could be
used to put a police sub-
station there."
The master plan process
could take up to six
months. The plan, once
finalized, would require
city council approval be-
fore being implemented.
Lance DixolI:
305-376-3708, (QlLDixoII_3
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given lhal Ihe Cily COllllllimon 01 lhl' Cil), of Sonlh Miami. Plotld.
will condu{;t Publk Hcaring(s) at it'i regular City Commission meeting scheduled for Tuesday,
March 7. 20J7, beginning OIL 7:00 p.m .• in lhe Cil), Comllli"ion Chmnbcr,. 6130 Snn,ct Drive.
10 C{lOsidcr Ihc following ilcm(s):
A Resolution authorizing the City Manager to cnter into a multi-year agreement with
Munagcmcnl Partners, Inc" for performance hascd audit services H)f each City divisionl
dcp,mmcnl purl,uaJ1l to the City Charier.
A Resolution relating 10 a Special Usc applicalioll tn permit a General Restaurant use at
4000 SW 57 Avenue.
A Resolution relating to a Special U<:-e application to permit a General Rl'stauranl usc at
5R33-58.15 SW 72 Street.
(
All Ordinance amending the Land Development CoLie, Article 11. "Definitions", s('ctiO~l
~O<!.3, ··Definilion~··. and Arl1c1c nT, ''Zoning Regulalions", Seclions 20-1J(D) "Permiucd
Use Schedule" find 20-3.4(B) "Spcdal Requirements" adding SUb')CClioll (24) relating to
Medical Mmijunna Centers and providing definitions relating. In and criteria and regulatlOns
for Medical Marijuana Centers in Ihe City of Sollth 'Miami.
ALL illlt'teslcd partie,.., an:: invited 10 attend and will he hemd.
For !luther iniorlilalioll. please COlllaCllhc Cily Ckrk', Of lice al: 305-663-6340.
Maria M. Menl'ndcL, CMC
CilyClcrk
Pur~u,mlli' FlmiJa ~talutrs 2~t),OI05, Ihr CII}, lJrfl!'hy ,d\'i~{'l' 11;(' J1uhlil: Ih.1l if d Jlrr~i'li (kdJt'S In >lppI'aJ ,Uly lkd~H'lI JllaUt' hy
lhh Ih'HHI. Agl'JlCY {IT C(lmml~,~k:n wilh r~~I'~(;1 to :lJJY mnll~r cl1n,Jdercd III jls m~elillf! ilf h{,-:lfing. h1.' lIT shr will nrrd a IC('0Td
1111h~' pl"l;ccdmg~, ,mil Iii:!! lm m~h i'nrplJ~l!. nl),'(li.'d Jlcr~,'n lllel}' !lCl'd h\ I!Il~JJf(' that:1 \'1.'J'h<ilim HorOld ullhc pr'1I;Ccdil!~S i~
madl' whh;h Tt,~·ftrU hli:llJ(h'~ Ih(' It'Slilllll!lY fllld rviul'l1r.:t' UPI)]) whkh Ihl' flPlw,l! i~ III ht' h,1Sl'U,
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK, Legal Notices of the Miami Daily Business Review
flk/a Miami Review, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI -MAR. 7TH, 2017
in the XXXX Court,
was published in said newspaper in the issues of
02/24/2017
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said
Miami-Dade County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund for the se of securing this advertisement for
publicatio he
(SEAL)
MARIA MESA personally known to me
, eRn OIF SOUTH MBAMU
lt~O'f8ClE @f PtU~LftC IMIEliU'UNG
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearing(s) at its regular City Commission
meeting scheduled for Tuesday, March '7, 2017, beginning at 7:00 p,m., in the
City Commission, Chambers, 6130 Sunset Drive, to consider the following item(s):
A Resolution authorizing the City Manager to enter into a mUlti-year
agreement with Management Partners, Inc" for performance based audit
services for each City division/department pursuant to the City Charter.
A Resolution relating to a Special Use application to permit a General'
Restauraht use at 4000 SW 57 Avenue,
A'Resolution relating to a Special Use application to permit a General
Restauran,t use at 5833-5835 SW 72 Street.
(
An Ordinance amending the Land Development Code, Article II, "Definitions,,)
Section 20-2.3, "Definitions", and Article III, "Zoning Regulations", Sections
20-3.3(D) "Permitted Use Schedule" and 20-3.4(8) "Special Requirements"
adding subsection (24) relating to Medical Mariiuana Centers and providing
definitions 'relating to and criteria and regulations for Medical Mariiuana
Centers in the City oj South Miami. '
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Olfic,e a\:'305-663-6340. \
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286,0105, the City hereby advises the public
that if a person decides to appeal any 'decision made by this 80ard, Agency
or Commission with respect to any matter considered at its meeting or
hearing, he or she will need a record of the proceedings, and that for such
purpose, affected person may need to '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, 2/24 . 17 -73/0000200882M