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Ord No 06-17-2276Ordinance No. 06-17-2276 An Ordinance amending the Land Development Code, Article II, Section 20-2.3, and Article III, 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 defmitions relating to and criteria and regulations for Medical Marijuana Centers in the City of South Miami WHEREAS, the City of South Miami regulates development within its boundaries through its Land Development Code; and WHEREAS, the State of Florida has enacted legislation providing for the growing, processing, and distributing of specific forms of low-THC cannabis to qualified patients and their legal' representatives for the treatment of listed medical conditions, which is codified as Section 381.986, Florida Statutes; and WHEREAS, the State has also passed a Constitutional amendment to expand the use of medical marijuana for persons suffering from certain debilitating conditions; and WHEREAS, the activities allowed by said legislation remain illegal uilder federal law; and WHEREAS, medical marijuana centers may create significant safety and security concerns and other nuisances that have negative impacts on the general public and surrounding area; and WHEREAS, the legislation provides that a municipality may 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 located within its municipal boundaries"; and WHEREAS, the City Commission has determined that it is in the best interests of the residents and general public for the City to regulate the location of medical marijuana centers; and desires to adopt this Ordinance to accomplish the above objectives; and WHEREAS, the City Commission has the responsibility and authority to determine what uses are best suited to particular zoning categories within the City; and WHEREAS, the Planning Board reviewed and made a recommendation of approval by a vote of six (6) ayes to zero (0) nays. Page 1 Ord. No. 06-17-2276 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. South Miami Land Development Code Article II, "Definitions," Section 20-2.3, "Definitions" is hereby amended to read as follows: 20-2-3 Definitions. * * * Medical Marijuana (also known as medical cannabis). Shall mean all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient (as defined by the State of Florida) and as the term "medical cannabis" is defined by Florida Statute. Medical Marijuana Center (MMC). Shall mean either a Medical Marijuana Retail Center or a Medical Marijuana Processing Center as defined herein. Medical Marijuana Retail Center (MMRC). Shall mean a retail establishment, licensed by the Florida Department of Health as a "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses medical marijuana, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, product development, or processing of any form of Medical Marijuana or Medical Marijuana product. and does not allow on-site consumption of Medical Marijuana. Medical Marijuana Processing Center (MMPC). Shall mean a facility licensed by the Florida Department of Health to acquire, cultivate, possess, process (including development of related products such as food, tinctures, aerosols, oils, or ointments).transfer, transport, sell, distribute, dispense, store, or administer Medical Marijuana, products containing Marijuana, related supplies, or educational materials, as authorized by state law. A Medical Marijuana Processing Center may include retail sales or dispensing of Medical Marijuana. A facility which provides only retail sales or dispensing of Medical Marijuana shall not be classified as a Medical Marijuana Processing Center. Section 2. South Miami Land Development Code Article III, "Zoning Regulations", Section 20-3.3(D), "Permitted Use Schedule" is hereby amended to read as follows: Page 2 Ord. No. 06-17-2276 USE TYPE R R S S 1 2 ***** RETAIL AND WHOLESALE TRADE ***** Lumber and Building Materials Store Medical Marijuana Retail Center Medical Marijuana Processing Center * * * * * PERMITTED USE SCHEDULE P = PERMITTED BY RIGHT S = PERMITTED AS SPECIAL USE COND = SPECIAL USE CONDITIONS (See Section 20-3.4) PARK = PARKING REQUIREMENTS (See Section 20-4.4(8» X = No conditions were adopted ZONING DISTRICT T T T 0 0 0 T L D D D 0 R R M D D D D R R R R R M M U M M L D S S S T T 1 2 R L M N S G A U U I P 3 4 5 6 9 8 4 0 0 0 R R R H 4 5 4 I S S S S S T 0 D D P P R H I R Section 3. South Miami Land Development Code Article III, "Zoning Regulations", Section 20- 3.4(B), "Special Requirements" is hereby amended by creating a new subparagraph (24) "Medical Marijuana Centers" as follows: (24) MEDICAL MARIJUANA CENTER (MMe). The following requirements shall be applicable to all Medical Marijuana Retail Centers and Medical Marijuana Processing Center allowed as a special use: (a) Location requirements. A MMC shall not be located: l. 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 iii. Within 500 feet of a child day care facility, county or municipal park, or elementary, middle or secondary school: Page 3 C P 0 A P N R R D K 11 24 9 Ord. No. 06-17-2276 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, or park. (b) Hours of operation. MMC shall only be permitted to operate between the hours of 7:00 a.m. and 9:00 p.m. (c) 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. (x) 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. (d) 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. (e) 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. CO Landlord responsibilities. (0 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 fme 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 incorporate 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. (g) 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 Page 4 Ord. No. 06-17-2276 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. Section 4. Codification. The provisions of this ordinance shall become and be made part of the Land Development Code of the City of South Miami as amended. Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. Section 6. Ordinances in ConOict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 7. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 4th day of April, 2017. ~ c~~ 1 st Reading -1117117 2nd Reading -4/41 COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Edmond: Yea Commissioner Harris: Yea Commissioner Liebman: Yea PageS THE OTY 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 Agenda Item No.: ~ Date: April 4, 2017 SUBJECT: 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 lithe 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 April 4, 2017 Page 2 of 3 • The sepa.ration 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. During a hearing on March 7, 2017, the Commission deleted references to cultivation and the separation requirement from places of worship. On March 21, 2017, the ordinance was further revised to remove the possibility of locating facilities in the RO zoning district. 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-lI4). 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, or elementary, middle or secondary school • 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 ofthe 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. JKT C:\Users\mlightfoot.CSMl \AppData\Local\Microsoft\ Windows\ Temporary Internet Files\Content.Outlook\GYY4HODT\Ord re Medical Marijuana Staff Report 040417.docx Ordinance Regarding Medical Marijuana April 4, 2017 Page 30f3 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 C:\Users\mlightfoot.CSM1\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\GYY4HODT\Ord re Medical Marijuana Staff Report 040417.doce Menendez. Maria M. From: Sent: To: Cc: Subject: Attachments: Pepe, Thomas F. Wednesday, March 29, 2017 11 :58 AM Menendez, Maria M. Garcia, Maria; Steven J. Alexander; Payne, Nkenga; Shari Kamali; Liebman, Josh RE: 04.04.17 DRAFT AGENDA Ordinance re Medical Marijuana rev for 2nd reading 040417 JL Proposed Amendment.docx Attached is the .proposed amendment to the Marijuana Ordinance. This proposed amendment is being sponsored by Commissioner Liebman. This is not the main item on the agenda. This document should be with the backup to the ordinance that was deferred at the last commission meeting. The purpose of this "backup" is to provide the other Commission members advanced notice of the changes that are being proposed by Commissioner Liebman. Thank you. Very truly yours, Thomas F. Pepe City Attorney, Board Certified by the Fla. Bar in City, County and Local Government Law. City of South Miami 1450 Madruga A venue, Ste 202, Coral Gables, Florida 33146 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: toepe@Southmiamifl.gov ATTENTION: This e-mail may contains PRJVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: AU e- mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. PROPOSED AMENDMENT BY: COMMISSIONER LIEBMAN CITY COMMISSION MEETING: 04-04-17 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 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. Page 1 1 * * 2 * PROPOSED AMENDMENT BY: COMMISSIONER LIEBMAN CITY COMMISSION MEETING: 04-04-17 3 Medical Marijuana (also known as medical cannabis). Shall mean all parts of any plant of the genus 4 Cannabis. whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and 5 every compound. manufacture. salt. derivative. mixture. or preparation of such plant or its seeds or resin 6 that is dispensed only from a dispensing organization for medical use by an eligible patient (as defined by 7 the State of Florida) and as the term "medical cannabis" is defmed by Florida Statute~&~lu.g(}~tl0n! 8 1181,lf6J 9 Medical Marijuana Center &MC), Shall mean either a Medical Marijuana Retail Center or a Medical 10 Marijuana Processing Center as defined herein. 11 Medical Marijuana Retail Center (MMRC). Shall mean a retail establishment. licensed by the Florida 12 Deparbnent of Health as a "dispensing organization." "dispensing organization facility" or similar use. 13 that sells and dispenses medical marijuana. but does not engage in any other activity related to 14 preparation. wholesale storage. distribution. transfer. cultivation. product development. or processing of 15 any form of Medical Marijuana or Medical Marijuana product. and does not allow on-site consumption of 16 Medical Marijuana. 17 Medical Marijuana Processing Center (MMPC). Shall mean a facility licensed by the Florida Deparbnent 18 . of Health to acquire. cultivate. possess. process (including development of related products such as food. 19 tinctures, aerosols. oils. or ointments).transfer. transport. sell. distribute. dispense. store. or administer 20 Medical Marijuana. products containing Marijuana, related supplies. or educational materials. as 21 authorized by state law. A Medical Marijuana Processing Center may include retail sales or dispensing of 22 Medical Marijuana. A facility which provides only retail sales or dispensing of Medical Marijuana shall 23 not be classified as a Medical Marijuana Processing Center. 24 25 *** 30 31 32 Section 2. South Miami Land Development Code Article 1lI, "Zoning Regulations", Section 20- 33 3.3(0), "Permitted Use Schedule" is hereby amended to read as follows: 34 PERMITTED USE SCHEDULE Page 2 PROPOSED AMENDMENT BY: COMMISSIONER LIEBMAN CITY COMMISSION MEETING: 04-04-17 1 2 3 4 5 6 USE TYPE ***** RETAIL AND WHOLESALE TRADE ***** Lumber and Building Materials Store Medical Marijyana Retail Center Medical Marijuana Processing Center ***** 7 R R S S 1 2 P = PERMITTED BY RIGHT S = PERMITI'ED AS SPECIAL USE COND = SPECIAL USE CONDmONS (See Section 20-3.4) PARK = PARKING REQUIREMENTS (See Section 20-4.4(B» X = No conditions were adopted ZONING DISTRICT T T T 0 0 0 L D D D R R M D D D R R R R R M M U M M L S S S T T 1 2 R L M N S G A U U I 3 4 5 6 9 8 4 0 0 0 R R R H 4 5 4 S S S S S T T 0 0 D D D D P P P I R H I 8 Section 3. South Miami Land Development Code Article ill, "Zoning Regulations", Section 20- 9 3.4(B), "Special Requirements" is hereby amended by creating a new subparagraph (24) "Medical 10 Marijuana Centers" as follows: 11 (24) MEDICAL MARIJUANA CENTER (MMC). The following requirements shall be applicable to 12 all Medical Marijuana Retail Centers and Medical Marijuana Processing Center allowed as a special use: 13 14 15 16 17 18 19 20 21 R Page 3 C P 0 A P N R R D K 11 24 9 1 2 3 4 5 6 7 8 9 10 11 12 (B) Additional Reguirements PROPOSED AMENDMENT BY: COMMISSIONER LIEBMAN CITY COMMISSION MEETING: 04-04-17 13 ~~I~~,e~~~fe.diis~~hjiilil}9.~eI;itaitie:d~oii;th.e,~Q~g effloi8!I •. llI aeeoraanee:~ith .S~tiem3~~t9~ 14 lIttftmiWltheialllistrn1ent;ofahy MMCJ 15 ~t.11h'e£a'!mt.1lf~itf~m~t~e8te!:(:)f~sei:f01r:alMMe'"slimllfcisc1~se;~lcietaj.1iliiei0W4i~~I;~ 16 hiadg_1i0iit1r8i~@;,andillh.e,'~wti.jl;:o£the;l!1t~~itf cliifilment_.th~B:etaWJp,lrl!WeSSing 17 Qenttr,QJ\VilfeJ{Ii}\ .andLshal[ he'llmt@teEi ,aD'Wrlil~ca~';1Jle'Jtimtiei€.i.l\01lew~l'e;f.theJi)Us_s i~*,Jreeeint 18 !f'erlilihii~ • .,allaft!,i~e:1iliIat,1ihetteE1s\,aclmt:tge,of,ow,fiet.~Si)~i 19 tg). _]raW.titGat!li.'shalJpg0MiCtft1;jt0)th:e;}j)tteetlilrl~e£.l?:,~gJ"tiL~.gJjetcd:naki~~~~;;{S: 20 f"<IDbt~]lete):w'i.lm«e:P[0~atiplt(,);v.aW fitoDfut1iie,iElori.J[lcm~entiief::lii:~t&~i~Wi1l1tt0\&~ti0Di 21 3g!"/~8{)~,:P11~da :Sfatutes.'prier . .tat1le·,iss\l8nGe.:ef,a,eelti!fi~te;:(i)fUsit~f0f!t1le;lf;;llSh1es&"2.'[(£~tnd 22 aPiltowL0'~,a:_@i~;~0ke&b¥,tbeili11DrlruiD •• efii:o{llea1th:,the,C0unmtls,.cenm0ate ,of 23 Us.eJlS1m1Ujlbti:tm0ked~auto1natj:calyan:cd;sh;ni1lotbe,SubjeoMo,the:pia:v.isi(!)nS,_of;(r}Jielow,: 24 (~ 1'b.~igiea:ti(l)nfOita:eef.ti£i0ate·:(!)fuse~Sl1ti] hleltide,an affidav1t~bM.:the,MMC~ow:A~g;~iJ~ttesting 25 tQ,the;faetittlat!alt0~;jand.miarmg~' have;bem'oge:l1l>ifutedatidhave',sueellSs1Ully; Ms~,a' 26 1~~MltSii~g,~:tli:SiaMiHiseetii0;i:435CM.;FloridiSt3~t~, ·~1~,tl1e:0ii~ 27 iY:eat;l!id(;)'rt0':~1mlietit:i:0itfor;;a.,e~eate,:o£:Usej.an:d\ thatame&ea:Lditoot(l)f w.b.e, is,a:physi~ 28 liCetiSedp,wSU8iiUr0iCrumter.4:$!8'01': 459~.FlotiidaS1:aitutes.Il18s'~enempf~:¥eclto:suin~msdh~ 29 actiYitiesJ1Jif.;ttlielMMCJ 30 (el AMMC shal1pUhe:gooedcerlifioate afusiIna oollSpicUQUs loeationat of.neartheentFance 31 to the faci1i!Xso thatit maybe easily reacfat ani tiiiie. ' 32 (f) Thitamne~tls1udbfutenisiial\lertUiedsf)~ial puWasesw-vey to'the City w.iththeappI~cati0l:t.jSaid 33 ~j,:~shajliei.aitdj~ial!egJitetted1aidsur\je¥otinthesia.ieQf~Fl(>1d~ittdiGa.tiiitb:e. 34 llisWle:eliili:tinear:1eetI9:et.ween,the,pr0p:os'eiii\(fMC an.dany(l)theirMMC. RiSZiiBing,<lls:triet., ehild 35 tii~iJte&~~i(;juitrYoimWii(;ii>a1 patI 'Cf>Felementarv..nrldd1.e'.oi sooCf>ndmWsehQol.J 36 (g) Location requirements. ~MK{c,andaliifaci1itfes',thereo(Shafiiie100atedma~tan~afQne 37 bUildinLkWith:asi!1&tie:busmess!QCcupmli,. and tbatj,oovi.des its: ownpal1Iciltg onsite. A MMC 38 shall not be located: 39 i. Within 300 feet of any RS zoning district; 40 ii. Within 1,000 feet of another MMC (Unless it has. common ownership and is: lOcated 41 ~t@ti]hi:sami}btlildUlg) whether it is located in the City or in another jurisdiction; 42 and Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 PROPOSED AMENDMENT BY: COMMISSIONER LIEBMAN CllY COMMISSION MEETING: 04-04-17 iii. Within 500 feet of a child day care facility. county or municipal park. or elementary, middle or secondary school: 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, or park. (h) Hours of OPeration. MMC shall only be permitted to operate between the hours of7:00 a.m. and 9:00p.m. (i) 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. G) 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. , , 20 (1) Requirement for indoor operation and prohibition on loitering. There shall be no outdoor seating 21 areas. queues. I customer waiting areas ~_QW'.~Ji§l. All activities of the MMC 22 including sales. display, prwarations and storage shall be conducted entirely within an enclosed 23 buildin g~'~";;l(: ,"1lIli@)1@il1ri',aj\!iliiWl.~~~:": .' " ,'-'e'" . 24 The MMC shall not direct or encourage any patient or business invitee to stand sit. gather. or 25 loiter outside of the building where the MMC operates. including in a parked car. in any parking 26 areas. sidewalks. rights-of-way, or neighboring properties for any period of time longer than 27 reasonably required for patients to conduct their official business. The owner of the building 28 housing the MMC shall post conspicuous signs on all sides of the building stating that no 29 loitering is allowed on the property. 30 ~!ilfrohibition of on-site consumption of marijuana. No consumption of medical marijuana shall be 31 allowed on the premises. including in the parking areas. sidewalks. or rights-of-wavi)iiMeIl 32 1.~¥~il._~~l\'8l1DI;ill1Q~jb'E)r~".~0];_-.fi!lI",_"1.~eJill 33 *~~:irIS~0~~~,~;/,,;j'~~~,~~lU,",'i', ;'I~-~"': I,','" !";·rN~.·:itiJjJ 34 ~.1~i1Jb_.§.~~~'lw81_eM_~h!8JS\:aJ 35 t-~iIl~"~~d~fGWSt:ifS"Sfsfat:i~m'il_~Cf~'1IAIg.1 36 l~~,\\ "",=-=il,,~IK~ HI·"'1k.lil1I , ..... """;!l1;tl"lil<4i'lh-m.~"'li\;f' (~. ~vJ!JY~i..ltil!J.i:ll.J!1.l!!!11Y1.1.tl~n.et!lLWl.(0JW~J;Zl 37 tlfi}A~Lf~I-4lf0~,'86e"M\YLl~S¥§.*ii~~iittiiiijjtiB1J 38 ~e~w..ita",stB __ pM_1I11Mi!iI)'t!i~ililitd'e1i6lBl_~~&t!I1rersd1iG1t~"".'I.liSS,']2am.~:i 39 _Al!Y~1amdJa:,1y4t~~'e~~'!U~'1llaJt'i1t~~1{0.~0*'tw.e-BW.,r(\)Jnr'I(~4~1 40 h01iJ1fSi,etr~h(ti&J~€!1,1!lteet's:1ll!re:;f~11'0~m.;erltetd8!: PageS 1 2 3 4 S 6 7 8 9 10 11 12 13 14 lS 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 3S 36 37 38 39 40 41 PROPOSED AMENDMENT BY: COMMISSIONER LIEBMAN CITY COMMISSION MEETING: 04-04-17 a~--c8iietas:are:-fioc~,,:fatevery mgress.anleSress -pomtottheMMC,mciU'~!!~~t~an.d ~wg,.kdhig:l!Jal$ .king lots'8Iidanyotb.ers~ti\(~areasittthe'in:terlb'E~:hh'e,sil.e,i hidludin:!l'Mati1~,,"safes.Ji~.~'lp~. ~Iiert}~ymon:e~~cl.on·shal1e.~Qur,aIlri.g;~ tiii~_tm.tmi~.<mbd~·:Qflh~f.,s~ijeiTs:0£.~:W: __ iiiliii~iId iii1lilf.L0Id~Jan:~ta_~~m..eli)11t1t@1i1ed!;lMs1:0f~~es~C:C.tmm~1fedl"Si:itel~ iiVlJ!,bB;, iii.~S.itIi10~~St01!a;&vm'0.~,~:Q~ai1t-itQ(!jms'.m';:8tes:siJ~~1r1J.,cfitiIt~sde. iii,1jij b., ~l.s ...... _--;; ... =iMif,~~~ .-:-:;:;:~ -, --.. ·~_ ... ><l! .. ·;::"""Jli'.Q'IJii-.-'"' ''', --,);is!. ·':",.i!l1 -.'kJlr.ci.'t-~lft~ii p, . __ »u~lzillll':-.v.eJi1lu:w.u_e),'tell[0l1am.Es!:m'lllSt.:~: 1'''~,:diJJr'~~'01..ilGig~J:l\Y.e,;\lftiO-1ll:~1 {2'~i JEU1ll!tfin:!i%,~~~._amied~;seemtYiMSOD11et:fit:0ttJ)'ar,.s~~1ly:itm(liceme-Qi~lPxlb"_ ~eht,:~'jgt!cu!ltufe,mdtaens1:tilIet.Serviees~WhQ' shall bt;·presenttwen:tt.;IQlm~;{2'4tlGUtsI aA!iMfs-eY.~M.daWl;aweek.. iitcludingJialidays;l t~~; _:etetteina;~~i't\QJl_Jblaa Dii1mnmtt:0ls~{6}:feei1n:,ileigJit,.mcltimng.1tlf;khig;.g8te'~)~ it-__ s.t((.t~,tff.~~M:;t;ddl m::_Altr~J~;~1~Ulfe':0f_iat1.t:nti1~w~ua~0t!"(~~~mitjiij, Wl!i.i81A--;jfdhr~ ~~_\f.'0fwJH0wtt):~~.l!;uS~ess,thahlleets_~·fa~~wing:s~~:i (;~ :£ ';~[ .... ,:6l..;.: .... t ..... A .......... , --..... 4; ,;fi;..,.!-.. h~1.i.~":ii ........ ~.i;.i;;... ·m'in'itml~· :d_aD.a 4i~'-i.i,;:;.,.:a.~1:!t!!Ws':I' 8~:_.;ft~!!!!U!.loG'1GJ~.QJ.':.~tiB"J!Dar.I!Ia;Iem:'UJ!lII,iucrVlJee:lIW:I!u.~J1QY~~BGlj., I. II r: I ,t.IiB!Ii-~woo· _WlI'_W;,~m~~ ~-~jij ~) _\Whfi9~':i.Cfiii&tli1~iV;ioTel.i:iit1E~6t§tW~\i_~~~;~~~_~id ~~tid __ •. fitmmlCi)~tsia;theJJuilit;n:g·.aml[m •.. ~]ine:,G:fjsirg1ltt·atiidl ~.·)_k&ta:~~~._c.e·ad,:~t0f:.e::~ii~ht~~ijeilWl~sm~·; (0) S1~ge>f0tJ$«C:isW.:be,m;la~n~ew'i1ihtliIe,:CitY':s si'po~ee~ (P) 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 reguired 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 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. (q) If a Special Use is. in the future. determined by t~e 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 Page 6 1 2 3 4 5 6 7 8 9 10 11 PROPOSED AMENDMENT BY: COMMISSIONER LIEBMAN CITY COMMISSION MEETING: 04-04-17 12 Section 4. Codification. The provisions of this ordinance shall become and be made part of 13 the Land Development Code of the City of South Miami as amended. 14 Section S. Severability. If any section, clause, sentence, or phrase of this ordinance is for 15 any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not 16 affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. 17 Section 6. Ordinances in ConDict. All ordinances or parts of ordinances and all sections 18 . and parts of sections of ordinances in direct conflict herewith are hereby repealed. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 7. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this __ day of _____ ,' 2017. ATTEST: CITY CLERK lsi Reading 2Rd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: Commissioner Liebman: Page 7 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, February 14, 2017 CITY COMMISSION CHAMBERS 07:00 P.M. The C;ty of south Miami Code of Ordinances, Section BA-S, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activ;r;es and in most cases pay an annual fee of $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, with the city, 'including ,the city manager, city attorney, department heads, city personnel, or the city commission or members of 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-tor-profit community based organization for the purpose of influence without special compensation. Individuals who wish to view or ~I'!i:inr'c: of the I. Call to Order Action: Mr. II. Roll Call (Chairman), Ms. Fischer (Vice- . Director) and Mr. Marcus Lightfoot {Senior City Attorney: Mr. Thomas Pepe III. Board Elections 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 Ms. 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 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 Vote: Glavey 3, Philips Mr. Basu: Philips Ms. G/avey: G/avey Mr. Greiner: Glavey Ms. Fischer: Philips Ms. Kahn: Philips Dr. Philips: Glavey by voice, vote for the vice chair. ning Board. The motion was of the Planning Board. ir of Planning Board. The motion 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. j I I i I , I l i I ! .1 I 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 Ms. Emily Glavey was elected Vice-Chairwoman of the Planni IV. Administrative Matters None at this Time V. Public Hearings 1. PB-17-00S Applicant: City of South An Ordinance amending the and Article III, Sections Requirements" adding SUI:JseCtIIDr definitions relati ...... II ... ln", Centers and providing Centers iii the City of from Colorado, it is the issue with people stores and customers buying product and then partaking in whether 300 ft. from RS residential districts was of locations can be limited by state statute, of which Mr. Pepe not limit the number of facilities but does limit the number of Tompkins added that per the state statute, the number of facilities could be limited by 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 amendment, the City will limit the amount of facilities. Mr. Greiner questioned why the Medium Intensity (MO) and Residential Office (RO) 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 I i r I I i I I I I I I I I I i i ! 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 (LOj" and placed in the column labeled "Residential Office (ROj". Mrs. Tompkins reviewed the proposed ordinance and found that Mr. Basu was corr-ect. 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 than retail centers. Mr. Pepe stated that processing centers wouldn't have any traffic rs. Mr. Basu then asked if the· processing center would have issues with noise that processing centers typically have these processing centers should really be placed in would make more sense in the RO district. . processing center should be limited to Mr. Greiner asked if staff has looked at· of these types of places. Mr. forced upon the city in a lawsuit I Marijuana Treatment Center" and then that there is a reference to the treatment Processing Center". Mrs. Tompkins responded Marijuana Processing Center" was initially called a It was a change that didn't get picked up . . Marijuana Treatment Center appears in the definition for as well and should be changed. Dr. Philips stated th~t the confused her. She also stated that the "s" in "Medical Marijuana Mr. Basu asked if there was any rationale behind the selection of the distance requirements. Mrs. Tompkins stated that staff looked at what other muriicipalities 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 of the 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 j l. i t i I I i I I r I I I I i ! 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 t is evaluated by the treatment center to see if it is necessary. He then stated that the center is irrelevant and that his recommendation would be remove the last 2 from the "Medical Marijuana Processing Center" definition. If the business g, then it is just a processing center and if there is any retail component 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 Process special use 4. Medical ~'treatment/l with with in TODD U-4 zoning district by , MO, and TO~~ U-4 zoning 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, be allowed because it wouldn't be in a residential retail center is being treated as a pharmacy but isn't where a pharmacy is permitted. Mr. Pepe stated that there nts 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 thild day care facilities, county or municipal park, elementary, middle or secondary school, or place of worship and "Medical Marijuana Centers" to SOD feet so that it is in line with liquor stores. The Chairperson opened the floor to public comments on PB-17-00S. 5 VI. • None at this Time The Chairperson closed the floor to public comments on PB-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" and remove the last sentence of the ... -~;-;~;- 3. Medical Marijuana Process Centers will on special use permit; 4. Medical Marijuana Retail Centers districts by special u~e permit; and 5. Increasing t.he distance. park, elementary, middle Centers" to 500 feet so r": replace "treatment" with in TODD LI-4 zoning district by and TODD LI-4 zoning or municipal I Marijuana to public comments and any new business. No comments from the public. New Busiriess 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: A) March 14,2017 at 7:00 P.M. IX. Adjournment 7 i r MIAMI DAILY BUSINESS REVIEW i>ubi:shea Daily except Salu'day. Sunaay and Legal Holidays Mia'ni, Miami-Dade County. Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned aulhorHy personally appeared IIf.ARIA MESA. who or. oath says that he or she is the LEGAL CLERK. Legal Notices of the Mla'lli Daity Business Review f/kla Miami Review. a daily (excepl Salurday, Sunday and Legal Holidays) newspaper. published at Miami in Miami-Dade County. Florida; that the attached copy of advertisement. being a legal AdverliS8r.1ent of Nctice in the matter 01 NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI· IVIAR. 2~. 20~7 In the XXXX Court. was published in said newspaper in the issues 01 03/10/2017 Affiant further says that the saiO Miami Daily Business ReVIew IS a newspaper published al Miami. in said Mia:n;"Dade County. Flonda ar.d that the satd newspaper has hereto lore been continuously publisheo in said Miami -Dade County, Flo~lda eaCh day (except Salurday, Sunday and Legal Holidays) and /las been entered as second class ma,i malier at Ihe post office" in M,am, in saie M,a::oi-Dade Co~r.ty, Flonda, for a period of one year next preceding the ks: publi::af'on of t'le a:tached copy of aOvert'lssmen:, and affia:lt lurthe' says tha: he or she has neither paid nor promised apy perso~. firm or corporation a'ly ciscount, rebate. commission f securi"9 this ad verliselnenl for 10 . ~\\\\\\Im''''f',1. CITY OF ·SOUTH MIAMI 'NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission 01 the City of South Miami, Florida will oonduct P-ublic Hearing(s) at its regular City Commission meeting s..~eduled lor T~esday .. March 21, 2017, ·beginni.~9 al.7:oo p.m., in the City Commission Chambers, 6130 Sunset Drive, \0 considei the follOWing item{s): A Resqlution authorizing the City Manager to enter Into a multi-year contract with EAC Consulting, Inc., Marlin Engineering, Inc., SRS Engineering; Inc., and Stantec for. general engineering services on an as· needed basis. ( /lsi OrdinanCe amending the land Developmsnt Code, Article II, "Defiriitlons~" Section 20-2_3, "PefinHlons", ar,:i .Article RI, ~oning Reguliltions", Sections 20-3.3(0) "Permitted Use Schedule" and 211-3.4(8) "Special Requirements" . adding subsection (24) relating to Medical fI(1arijuana Centers and providing definitions relating to and criteria and regulatIons for Medical Marijuana C~ters in the' City of South Miami. . .' . " . An Ordinance amending Section 20-2_3 of the City of South Miami land Development Code, creating a definition for '~eauty/Barber Shop. or Beauty Spa" uses; an!l amending Section 20-3.3(0) and Section 20-7.12 .concerning permitted uses of Beauty Shops, Barber Sh9PS and Beauty Spas ~d parking re~uirements. . An Ordinance amending Chapter 2, Articte I, Section 2-2.1 .o! the Code of Ordinances to add subsection (P) and 'for the purpose of providing a prricedure for approving the South Miami Community Redevelopment Agency bUdget . ALL'interested parties are inwed to attend and will.be heard. For further information, please coritact the City Clerk's Office at: 305-663-6340. MariaM. Menendez, CMC. City.Clerk 'l\'\'\ 0.. 'H\OMAS 111.1. -# v· •• o...... ~ PurSUant to Florida Statutes 286.0105, the City hereby advises the public ---J.~~--~--Il-..c..<LGe.....4,!~:,,-~c--*'--o-;.·i!~&:ISSf~W 4;0. ~. that il a person decides to appeal any decision made by this Board, Agency (SEAL) 0° Cl~",,,~er 2,"~~'.. ~: or Gqmmission with respect to a~ matter cons/dered ants meetlng or MARIA MESA personaily known 10 r.1e ::::~ ~ ~ '& ~ * ::' hearing, he or she wiB need a record of the prOCeedings, and that for such :: * : .... cit ~' :: purpose, affected perspn may need to ensure that a verbatim record of the :s ~ ':. DF~ 034747 : ~:. proceedings is made' which record inciudes t~e testimony and evidence ~~... r :"!i:i upon which the appeal is to be based. . " .' ~~o.o oo',~~ 3/10 17-85fOOOO205560M ~cr}-o. G. co ... ~ ~/. :-<VI' ••••••• 0 co 0' .£f' ~~/~ aLIC S1p..\~ \ ...... ~ ~II" IIillI&I\\\\\\ I I i I I i I r I ~ I I I 6A LOCIIl Ii-StIIte DfArllS I JOlIN W. WII5Il.8 1!IRQ4t·UIUJO:r ilW'l1II\llUCI Helped start organizations to fight lung disorder The 'Town Council o! Ite fIIW'\" SDurwec RancIw •• """"tt'auublic_~.7GO~an l1t&Ir....,. *'~ 2a. 1017 It tIKI Sar.51IaI1 f\a11cIws Coa.naI __ .. ,_e __ ._ AenI;hu. FL 3:t330. 1h ........ It apen Co IhcJ Pbb1t ftfl4IwlllIol:CIfId;IclGdt" DCCOI/IbI'IIDO.-ahlbb proVlS·.,., 01 """ ... '""" WAlWiRQF PLA! ·COftIi ...... arWPe:01 PIal I\ppI.caI,.IID. WP.1S·1B D ............... !IftftI8Ir 'fSMlDClCl& .. IwDIDlI~7.JIII'dSB5IC'fllDnd 0» ......... _ .. ...-............ locacadQtttloftOfNnlccr._oIS!\IIIItIfJR.Md SW13lP""-.......... _:p'*" CaM .... .b.Int .. 1fI"t A caw of .... IIfODbSrJ ~ I:IIIV De ""'_ bt 1M INIDk CIAO ~n oI$1a1ntatol RanchOs ":'-.n *'1 ... .,. roadlar builftlD .... ,. CIIml....,.. of a:I1 in:amslad ,...., utIaIltIr-. s. mJItG:~ nt:IV DO aubJ':'iQId ~ YJdUn,g ar.dfot Plllt*d tl ft8tlOft f.' 1M -&>IDI.'lD .... V PEllSO~ !IYIR!; 10 APP£A.. ANY OECISIOk I:ADE BY THE' BOARD ACENCV OR COUNC~ "IT" !l£SPEel TO """ MM'.R 10 BE CDNSIDE"eo AT 7'HESE MEETINGS Oq _GS. _, PEASOOrWU NEED A ilECOII:l OF THE PtlOCEiOINGS. ~ i'i Wb.L BE lUi!!. AEBPONsgIyTy iO ENSIIA£ l~T A VERBATlV. _ DI' "!HI! _Dl>IGS 15 _. AlClUODlG AlL lESTIMOIW AND EVIDENCE UPQt.I _AIfi APP£Al""'YBE_I)(~.s .... .DtIlS~ "ICNII. call i85I) 434-oaGa tw anr qalBltcnllGpldf!'!D .,bortlftla,1. tN • .,.,. bet ace ... " ...,. * 01 11'1010 Board. .r.C»'.DtCo-oIfttIIMe;tIb ..... ,.,ti$Sf8by_p .. lI .. AI.2 .... 1DcSo.'I 'hi" all DO plUSlftI a .pNlar tNpto .. Ie Ihl: &nJ ·nco ...... pal_ GaD aIIeftd_ mooling at :heabnelo:r:-onll'CllIe 1.,&IIoMmfol"'. r6tc:.II&OltI IIki"lpJau.WJIJWIlDfttIOAOIbyt_pror. com-flUlti::tfCft. two ar ..,. -.n!MIrI 01 W11 ... town CcIIInbI:8It. ae .. "lI. ~. or Council fJfID all • 1IIanbcr .. v·ft'I,boatdRIII .... :hIamPI'f19a."Id IIIIf .. dIr r:1ftO'. GJWN !ftIDII 0'\.-nCb fDoIucreaIM ~ "'" fatat ~ !abft tit ft .. c-sa1UH, 9cwti ~1JItMJ.o:COttt'.cfL .. _wt''''''_ ..... O_Ae\ o! 1!IG. alloGftO'" ~ .. ctiaCJDd ana wIlD neoct SOIdII~"'1Q~".InHalsplO1:UdICG b~"bI_Ul .... ~conIlC"lhefOWf" r,1 ... (lS4,43+Gt08.1I01abC __ b __ fIop,..,.. ... ptIICO ...... 1I "'" 1rId~.l'IOa .. inaar 'PlIOcI'I _ ... _ .... taCOl_ jV-TOD~ 1Iua ... C.M .... _' ___ CIoIt 1f11.T __ CtWMil .. ct4ll.n:I.~ ... """sl7.GDPMOI\ *,m23, roI7afCl.~" Allld!ca ~ HdlhUlt:d III "1400 GriItn 11-. ..,..... ~ FL:UM t.1 .. 1icteI ... .,. .............. s-... ,...,.. AN ORDIWM:E. OF TJtE nMN M lOdlHPIEa, AANCftn FI.ORIIiA. ~ AI uPDAlE 1D 111£ n"'Y£o\A WAlER SVPR.Y F4CU.m£S PlAN I'WIFP1 All) AQOnIflB All twll:MUlllIG Avtlli*Ellt 10 rH£ GCMLI. CDJtCiNCB NUl POllCO or Tta: CNi'lfAL lUPADVEMiNt& rutmn OP lKE IOWN OC' 8OUTIftIrU' IWIttIES COMPJIElIIiNIW& ~ AlIIltOlUl;WQ tRANSlIITTM. OF TfI& weep WDC' AtID CONIIfIEIfE."UUVE PlAN of;\WtDMfNr '0 Rl\JEWPm AUNCEa: NIOVIDCNG FDA CCPUCT; PRDVIDIIIO FOR ~"BILRY:Atdt. PROVIOllfG roAAN~£C'IIII[.DA.iL I"DIIfC"'AArlltlllld"ft8l11St~IO.2DUI) W.o ........ WIII ......... e. ............ ".eon __ In accatdlftCe ... ,Ik til. D~ ... Fbridl Law. Til. PfOh_~COCICCI ... lInfIlIiIItnII hlh3tacflllho ~""""'Mah"'''''''l~ 1I...,.,.IO!1'ltP'\4'lOri-:' .. ~.·.., ... ~Mtd~1Itt f...tIl:.II .. Ton1:ct&~ ...... ..,. .. r ........... *""If .., ... buW'.G. __ "" 1H4J .~ .... Ia-o:. ~',.~--=ff .. atY .. ...,.;JlQ. .... "Ibin= .... ~·..,r.su"InJCtIo:tIf' ... L~Ci..."W .... ~:(I ... 'kIJ; IdhNolN:a6-,. St<I~D "'"II II[ItW)N Dfi~£ to "lIIJIUIl AJIf b~ UAOf 9'1' lH£ eCd1l, A8'!IR:'V ;:A c:alIJIClJ. WI11t AUPfC11G Am W.~liR TO fE CUIIi&Ii.1fFED 161 tHtI£ foIa:rmCU, DR .!IAFiiU3S nlAl POISON WIU. -.;EFD '" RfCGffD GJ' THE PHCc.KfJl\GS. 4UC If VAL IE. ItBs 8flUDaiBLItl Ie fNIWRE lK\i A VIfIIAnM RV...QiUJ 0;: 1JC[ PAOC~ue IS IMQE. Y4C!.IJQIHG AU. A'1'Afltrt AIf".) 1"W!tu::rIJPlUlWlat'.t( IJIN A' .... Al.",AY BE INIEC (r.~ lIbGtGS). PitiJIIU' ~1JIl (8)oII.oHJOO.) lei'" cuellinlll..,........., .... fIII1' I**"", Thlltcw.r:ntc~~ON .,lPcrll: 1:.nI.A~,.CoI c.ww: "*"! .... \'II!""'JIt ~ 1dI ....... Itt,..., .1I:N6 ~\~.:I ................... \ .. "'IepIoo .... IMt .. ., o..-U:Cdtt."4M r:JoII.!UlIIIo~ .. 1't,,"I .... o ....... W8l4'I.,*~I:IIl.:~~"'J.:..-"'I::1I1 t."IfHI"o'I.f"".-bUffG""'IG"~ ...... 1H11Ift.1ft1~. cJ 11.,01"" iGIorooI ew.,.,. •. a .... ~.C'l CcM/Id. ~ atrlNll ........... r/."IofIIIICiII1llf ...... _.Il~corCmar .1IW ..... dIlal'~...aIl"~~~IIoCtIII .. _ "' ... II! .... ~:..GcimI"hor .... "I'I.At"'Cf.t.'~ . h fIIU'.';nncl' WIt1\ IfICI """'ira." "'" """' . .:1 .. M 01 I9DD .utll-w. .... -I:dtr .. " ....... ·tIloftl ..... .... III'ft(CtaI~ II: ~'rici __ r .. Coreq.~ f.lald'l " "':aJ ctba.., rAourf CID'\IMt ilia fe..,. 0"", IH4,424«!Da. n: bill 1I:an .... tJ.rIiM. ........ "'.' Ie MICh JIOC .... "" P CA~,JII .. M .. t.q1ltuttQ. .. ~ ...... 1:IIICflGOl ilSU7;11V·':'0U). Jtwut "'''"L I\NtIOIIIIf. ... AJ .. ~_,·, tOM! Cfofl' MIAMI H..,.dColra: 105..,17« •• 1''''. f»iOlfIllllf(".Gh. DCF lawyers 110t in contempt, judge finds A ........ ja4p ........ ' lIIalatab.· r.hUc! M'Uow . 1~...,mWlft not hi eop.. klDptDf mud aliI"', pw ..... l!INI\INtIlIia· tOlllDticn1ft1tca;at.t,whu __1ft the.1Qat botn.u,. , .... , .............. ' hftJf1t-~Ii.SD'BIIfto inaanl"llc:e .... Mmtt. Chcu!l JI&dp ~ S:tmfll4fo-Jait:si~ who bnd, Ibc c:iraa.t" cti".d'''",~b.:W a bnJing eJdin On ... 'ft. 10 de&frQlbw ",helbt, flat bepm'IDCu •• rChildlL"CfII: F ......... Chlldr .... 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".' •.• , ...... ~ ~i,'I1!"bf ... a.· .... ·.: .... 1 •• ...:1.1'" I-.n ""11. ... ::"," •• 1',:&', )I~,..)!,.· .. :.! •• ,.,.,· C"':I f".UJ h-... ,,· ..... ,,~· ... : .. ,.I .. brl ••• _ ... , .. • .... ,.. .. • i' ..... ,... .. -... _ ... ·,.. •• • .... .s..·, ....... ~tt .... r ...... "co .... , ................... , •• _ ... If ................ :· ...... io .... ~Io ...... I ..... · ... ••• .... ·.I •• !,.' N.: .......... 4""L~·,.· .. ~r ...... ·.'_· .. ...-:··.1 •. • .................... ' ..... "'.~ •. ~, ••••. • ~."" .......... :~ ..... -. ...... _.~., ...... ~._l;. .... ·! :, . !HinllliHrrnlil CIll!iIIlDI . __ .. __ . -.-----------_. ---_ ... _------- i I f I i i j r- 1 I I I I I I i I I I I t I I I I I I I I SUNDAY MARCH U 1011 MfAMIHERALD£OII TAKE YOUR SAVINGS FROM ORDINARY", ~1.. . TO EXTRAORDINARY! OPEN YOUR CD ACCOUNT TODAY! STOP BY YOUR LOCAL BRANCH OR VISIT POPULARCOMMUNI1YBANK.COM/CD-SAVINGS. NEIGHBORS ) FROM PAGE 24SE Miami Collegiwn Mu-elder abuse prevention BRIEFS sicum is a chamber choir of coordinator Alina Becker at up to 30 singers. beckera@alli:mceforaging. For further infomlation. org. contact Laura Calzolari at (if applicable). Icalzolari916@gmail.com HOMESTEAD: MILITARY or 305-401-5987. APPRECIAnON DAY MIAMl-DADE: MIAMI Downtown Homestead COLLEGIUM CONCERTS WEST DADE: ELDER will celebrate our serv- Miami Collegium Mu-ABUSE PRESENT AnON icemen and women during sicwn presents three per-The Alliance for Aging Military Appreciation Day, formances of "Ein deuloch-will be host a free public 3 \(I 8 p.rn. Saturday, April es Requiem" (A Gemlan educational outreach pre-29, at Losner Park 104 Requiem) by Johannes senlation about financial North Krome Ave. Brahms in April throughout exploitation and elder The event aims to better Miami-Dade County. ahuse at 5:30 p.m. Mon-unify civilian.~ with all The choral Olusic will be day. April 24. at the West branches of our military. performed Friday, April 7, Dade Regional Library, inlrodudng residents to at St. Stephen Episcopal 9445 Coral Way, Miami. the people wbo put their Church. 2750 McFarlane The alliance is a non-lives on the line. Rd., Coconut Grove: Sat. profit organization that There will be a flvover of urday, ApriJ 8, at Riviera provide~ comprehensive military aircraft, a K-9 Presbyterian Church, 5275 information and access to demonsrration b\' the Sunset Dr .• South Miami; quality services for older Homestead Poliee Depart- and Friday. April 28. at St. adults. caregivers and ment, games and activities Patrick Catholic Church. families in Miami-Dade inside a children's area, 3716 Garden Ave .• Miami and Monroe Counties. For food uucks and other ven- Beach. more Infomlation, contact dotS. Call 305-224-4570 All performances are email Vanessa A. Tercero for more information. free and begin at 7:30 p.m. at vterc002@fiu.edu, or CITY OF SOUTH MIAMI COURTESY NOTICE NOn(:F.1S tlRRfo;Il\' &i\'CD rhalillt! Cil)' Cnmmi""11n of .lk· Cjl~· ,.r Scswb ~'hltmi. Fktrid;1 u.ill cnndll~'1 Puhli(' Heanngj~J al II .. rl"r1dar Cil~ C'umnliOl!llinn ~Ullr ...:-hcdnlecllor Tllt·o;(b~. April -I. 201 7, he~lDrun}! :u 7 (j(i p.IIl .. _ in h· ('11)" CUiIlIII"~iun Ch.unm!'C, fal3h Sun!.C1 Dri~c, III c:mlsi,itr the jedlf""ing il\'IIII~J ( A H:t'~,JUUlln rt'lalJDg I" II SP.."::iid liM' ilpphrallOIl h, f'(rmillllC' l"\pan\il'p ur au Animal Ho:-pn.dJ \'el~rinaritln au 6.:l'J4-t,31J" S. Oi!Cir Highway. An UnliJmnrc-aDk!IWiIlP Itw Lund 1.h.'\'\'I(~lml!lIl ClKfl~ • .\r1irlr VlI, "H(lftlChlwn ])iMriCI O\"Crla~' Ontinan~·('''. St'Clil1lb 20-1.2 aUll ).). 7.~ Uth! Ankle: VIIl ··Tr.uNI-Oril'nlc~1 Ilc:-vcit1J)llWI1Illt<ariC'I", SI."l:lilln 21H.l iilml ~a..~J rdwmp: h1lht· Jdinilhm lei ··~I.",.·· ;.mI RnlXlmum huilomlt hl'ighl An Or,lillctOre: aUlh.lTi,jll& lht' ("h~' Miln:tgcr II' cxc,'ule iI TIurd .. \mrndm"nt te. thl! lril",c ape.'men! \\oilh \Iiaml-Dad&" COllilly h~r 1I11' u,,' nllhr Cil)" 111 Sumh Miami bmhbnr loc .. It'~1 al "121 SW Neth :1:~:iniltk.C alncndinl! d~' LlDd l.k",·h')1Dl\!nt Cude, :\nidr 11. "l>l'tiniuIJD"-. S .. rliuD ':!U-2.:;. ) "DchniJiun,,", Jllttl Ankll! JII. "Zuning Rr.gulil1klR"", S«linlll' 2O-3.3tDt ''Pumi1lt'd U!oC SrheLiuk" 'Ind 21~J "'\R'''S~lal Rl!IIU1fl'rllCnl\ ~ .KkhllJ! ",p~.:liCln ,2;". rrl:ning. In Mc:,Jk31 Mariju,lt\iI eCnlt'l'o and pnwKfing .ktimuun .. r~lall11g lit .md l'nl~ri;t atul regul:t1iL>lI"-: rCir ~Ih::tlk~d MarijuanOi. C('~r .. ih 111e t"i1}'ul S,.ulh Miami. AlL IDh.'Tt:sia.1 r:anic .. aJ\' in\;I",1 II' tilleD" ;lnd ",;11 ~ .. h.:anl Fur lUrlbel mf'lfJthlliulI. rk":'ast l'unlil1'llI~ Coli)' Clt.d· .. Ollkt" al: lU~-6(l~-h~1I Mari~ ~1 M~fk~rofln_ (~IC: Cil) Ckrk f'ur<mmJ til FJurid;1 SlalUI~C :!it".flIU!'. lhr ('""II), hl!rch~ ;vh·j",·" IIII.' ItuNn rh.11 il :t PC"I," dl..'t·j(l:1. lu app..·al ;iII} lll'l iO;:lun marlt' hy Ihi .. Bttard. "\Z;t1I\'Y ,Ir C,Jmnu:o:: .. iun \\ nh n. ... ,..l'\ •• lit any mallt" l'UMI;!!..'f!..'" ;11 ih ,",,'clin,: uf hcilring, hc .,r ... h\' \\111 nc~'d a rl'i:urd c.f ,he rn't:~·cdm~ .. , and lh.u Illf "ul.:h PIiI"Jl"o,c. :llh',:I~lI ~b'llJ 11liI~ l1i:'clllll ~1I:>\lJr Ilml il \'1.'rttalil11 n'l'llfd (.J thl.' pn'~'~'l'IIIIIi:" 1\0 made "'hidl n·,·II,d IIlClu,L.':o.. Ihe h.''l1imun~ ilnd e\i,""n,·", 11J'1un whl!:h Ihe ,IJlI'('ill i .. In"" hit"~'11 MIAMI DAILY BUSINESS REVIEW Published Dail)' excepl Salurdal' Sunda), and Legal Holidays Miami. Miaml·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 Ihe LEGAL CLERK. Legal Nolices of the Miami Daity 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 Advertisemenl of Nollce in the matler of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI· APR 4.2017 In Ihe XXXX Court. was published in said newspaper in the issues of 03/24/2017 Affiant further says thai the said Miami Daily Business Review is a newspaper published at MiamI. in said Miami-Dade County. Flonda and that the said newspaper has herelofore been continuously published rn said Miami -Dade County. Flonda each day (except Salurday. Sunda)' and Legal Holidays) and has been entered as second class mall matter at Ihe posl office in Miami In said Miami-Dade County Florida. for a period of . . . one year next preceding the fllst publrcatron of the attached copy of advertisement; and affiant further says thai he or she has neither paid nor promised any person. firm or corporatron any discount. rebate. commiSSion or refund for the purpose of securing this advertisement for publrcatro (SEAL) MARIA MESA personally known to me Cftn @F SOUTH IIWDAIMlH iNl@TDCIE @IF PIIJllf§LDC HEAflleiNI@ 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, April 4, 2017, beginning at 7:00 p.m., in the City Commission Chanibers, 6130 Sunset Drive, to consider the following itemls): A Resolution relating to a Special Use appfication to permit the expansion of an Animal Hospital! Veterinarian at 6394-6396 S. Dixie Highway. An Ordinance amending the Land Development Code, Article VII, 'Hometown District Overlay Ordinance', Sections 20-7.2 and 20-7.5 and Article VIII, "Transit-Oriented Development District', Section 20-8.2 and 20-8.3 relating to the definition of 'Story' and maximum building height. An Ordinance authorizing the City Manager to execute a Third Amendment to the lease agreement with Miami-Dade County for the use of the City of South Miami building located at 6121 SW 68th Street. ( An ordinan. ce amending the Land Development Code, Article II, 'Definitions,.) Section 20-2.3, 'Definitions', and Article III, 'Zoning Regulations", Sections 20-3.3(0) "Pemnitted Use Schedule" and 20-3.4(8) 'Special Requirements' adding subsection (24) relating to Medical Marijuana Centel'l! and providing definitions relating to and criteria and regulations for Medical Marijuana Centers in the City of South Miami. ALL interested parties are invited to attend and will be heard. For further inlonnation, please contact the City Clerk's Office at: 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 Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record Cif the proce(ldings, and that for such purpose, affected person may need to ensure that a verbatim record 01 the proceedings is' made which record includes the testimony and evidence upon which the appeal is to be based. 3/24 17 -115/0oo0209727M