Ord No 04-20-2358Ordinance No. 0 4- 2 0- 2 3 5 8
An Ordinance amending the Land Development Code, Article III, Section 20-3.4
"Special Use Conditions ", Article V, Section 20-5.9 "Variance Approvals", and
Article VII, Section 20-7.51 "Special exception" concerning Medical Marijuana and
Pharmacy, Drug and Sundry store uses.
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, see Fla. Const.
Article X, Sec. 29; and
WHEREAS, the State of Florida enacted additional legislation in 2017 to clarify
regulations related to Medical Marijuana Treatment Centers and to persons such as physicians
and caregivers authorized to perform certain tasks related to medical marijuana care. See
Section 381.986; and
WHEREAS, the 2017 legislation requires that Medical Marijuana Treatment Centers
and Pharmacies be treated similarly with regard to restrictions on their location, unless the
location restriction was enacted by ordinance prior to the 2017 amendment to Section 381.986;
and
WHEREAS, the activities allowed by said legislation remain illegal under federal law;
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 to allow Medical
Marijuana Centers in the same Districts as pharmacies; and
WHEREAS, the City Commission recognizes that State law requires that Medical
Marijuana Center dispensing facilities be regulated as to location in the same manner as
pharmacies; 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, on December 10, 2019, the Planning Board held a public hearing on the
ordinance and voted five to one to recommend approval of the ordinance.
Pap-e 1 of 4
Ordinance l-o-.- 04-20-2358
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the legislative intent of this Ordinance.
Section 2. South Miami Land Development Code Article III, "Zoning Regulations",
Section 20-3.4, "Special Use Conditions" is hereby amended to read as follows:
(24) MEDICAL MARIJUANA RETAIL CENTER (MMRC) AND DRUG,
PHARMACY OR SUNDRY STORES SELLING PRESCRIPTION DRUGS. The
following requirements shall be applicable to all Medical Marijuana Retail Centers
(MMRC), and Drug, Pharmacy or Sundry Stores selling prescription drugs
(Pharmacies) allowed as a special use:
All distances shall be measured by drawing a straight line between the closest point of a
building housing the MMRC or Pharmacy to the closest property line of the RS zoning
district, school, day care facility, or park, or another business with the same use that is
controlled by this Section (i.e., the separation between two anther- MMRCs or two
Pharmacies). Applicants seeking reductions in the required spacing may seek relief in
accordance with the standards in Section 20-5.9 (Variance Approvals)
(e) Vehicular traffic. The MMRC or Pharmacy shall ensure that there is no queuing of
vehicles in the rights -of -way. No MMRC or Pharmacy 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 MMRC or Pharmacy; a variance may be requested for drive -
through and/or drive-in service for a Pharmacy use in accordance with the standards in
Section 20-5.9 (Variance Approvals).
Section 3. South Miami Land Development Code Article V, "Procedures and
Applications", Section 20-5.9(D), "Variance Approvals" is hereby amended to read as
follows:
20-5.9 - Variance Aapprovals.
(G) Permitted Variance Requests. Applications for variances shall be restricted to
eel-y the following:
(1)
Yard setbacks
(2)
Lot size
(3)
Lot coverage
(4)
Building height
(5)
Fences and walls
Page 2 of 4
Ordinance'No. 04-20-2358
(6) Impervious coverage
(7) Off-street parking
(8) Open space
(9) Signs
(10) Landscaping
(11) Spacing requirements for Medical Marijuana Retail Centers, and
requirements for spacing, drive-in/drive-through, and hours of operation for
Pharmacies.
Section 4. South Miami Land Development Code Article VIII, "Hometown District
Overlay Ordinance, Section 20-7.51 "Special exception" is hereby amended to read as follows:
20-7.51 - Special exception.
(A)The city commission may, by special exception, waive strict compliance with the
provisions of the Hometown District Overlay Ordinance [this article]. In granting a
special exception, the city commission must find by substantial competent evidence
that:(1)The proposed development contributes to, promotes and encourages the
improvement of the Hometown District and catalyzes other development as envisioned in
the Hometown District regulations.
(6) Property owners seeking reduction in required spacing under this subsection may
seek relief in accordance with the standards in Section 20-5.9 (Variance Approvals).
Section 5. Correction. Conforming language or technical scrivener -type corrections may
be made by the City Attorney for any conforming amendments to be incorporated into the final
product for signature.
Section 6. 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 7. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 8. 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 9. Effective Date. This ordinance shall become effective upon enactment.
Page 3 of 4
Ordinance No:04=2t= 2358
PASSED AND ENACTED this 2151 day of January, 2020.
ATTEST:
u
CIT CLERI
I" Reading — 1 /7/2020
2"d Reading — 1/21/2020
13
APPROVED:
FORM: COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Gil:
Commissioner Welsh:
Commissioner Liebman:
5-0
Yea
Yea
Yea
Yea
Yea
Page 4 of 4
Agenda Item No:5.
City Commission Agenda Item Report
Meeting Date: January 21, 2020
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the Land Development Code, Article III, Section 20-3.4 "Special Use Conditions
Article V, Section 20-5.9 "Variance Approvals", and Article VII, Section 20-7.51 "Special Exception" concerning
Medical Marijuana and Pharmacy, Drug and Sundry store uses. 3/5 (City Manager -Planning Dept.)
Suggested Action:
Attachments:
Cover Memo Separation Requirements Variance.docx
ORD_LDC_amendment_MMRC_Pharmacy variances-1CArev.docx
MDBR ad.pdf
MH ad. pdf
CITY OF SOUTH MIAMI
South Miami OFFICE OF THE CITY MANAGER
THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City Commission
VIA: Steven Alexander, City Manager
FROM: Jane K. Tompkins, AICP, Planning Director
Date: January 7, 2020
An Ordinance amending the Land Development Code, Article III, Section 20-3.4 "Special Use
Conditions ", Article V, Section 20-5.9 "Variance Approvals", and Article VII, Section 20-7.51
"Special Exception" concerning Medical Marijuana and Pharmacy, Drug and Sundry store uses.
BACKGROUND:
The City Commission recently adopted changes to the Land Development Code's (LDC)
regulations for "Drug, Pharmacy or Sundry Stores" and "Medical Marijuana Retail Center"
(MMRC). The "Drug, Pharmacy or Sundry Stores" category was broken down into two categories,
one that includes the sale of prescription drugs and one that does not. Further, "Medical
Marijuana Retail Center" is no longer a separate use, but instead is grouped with drug stores and
pharmacies that sell prescription drugs.
Other changes adopted with the new ordinance include: a revision to the separation
requirements to prohibit MMRC from being located within 500 feet of "a county or municipal
park located within the Commercial Core"; the addition of a provision subjecting pharmacies to
the same separation requirements as MMRC; limits on the hours of operation for both types of
businesses; and limits on drive-in/drive-throughs for pharmacies (medical marijuana stores were
already prohibited from having these facilities).
ANALYSIS:
The proposed ordinance amends the LDC to allow variance applications for the spacing
requirements for MMRC, and for spacing, drive-in/drive-through, and hours of operation
regulations for Pharmacies. These changes could potentially lead to more pharmacies and
medical marijuana retail centers being established in the city.
PLANNING BOARD RECOMMENDATION:
After a public hearing on December 10, 2019, the Planning Board voted five to one to recommend
approval of the proposed ordinance.
RECOMMENDATION:
2
Separation Requirement Variance Amendment
January 7, 2020
Page 2 of 2
It is recommended that the Commission consider the proposed amendment.
Attachments:
• Draft Ordinance
• Excerpt of Planning Board meeting minutes
• Legal ads
XT
C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC099977\@BCL@FC099977.docx
MIAMI DAILY BUSINESS REVIEW
Published Daly except Saturday, Sunday and
Legal Holidays
Miami, Mimi -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Brsmess Review We 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 HEARINGS- CITY OF SOUTH MIAMI - JAN
21,2020
in the XXXX Court,
was published in said newspaper in the issues of
0111012020
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS -HEREBY given that the City Commission of the C.ry of South
Miami, Florida will conduct Public Hearing(s) at Its regular City Commission
meeting scheduled for Tuesday, January 21, 2020, beginning at 7:00 p.m.,
in the City Commission Chambers, 6130 Sunset Drive, to consider the
following items):
An Ordinance relating to the amendment of the City's 2019-2020 fiscal year
budget and increasing the appropriation amount for the General Fund and
allocating such increase to the Non -Departmental, line item 001-2100-519-9924.
Affiant fuller says that the said Miami Daily Business An Ordinance amending Section 15-63,'Mobile vendors' of the City of South
Review is a newspaper published at Miami, in said Miami -Dade Miami Code of Ordinances, to create trial period for a permitting process that
allows a properly owner or lessee in commercial districts to host a food truck
Count'. Florida and That me said newspaper has heretofore
under a restricted set of conditions that minimus competition with existing
been continuously published in said Miami -Dade County. Florida restaurants
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post An Ordinance amending the City of South Miami Code of Ordinances, Chapter 9,
office in Miami in said Miami -Dade County, Florida, for a pen otl Section 9-11 to make it illegal to make or accept a campaign contribution in
of one year next preceding the first publication of the attachedexcess of $250 and providing for retention and production of documents.
enforcement, fines and other regulations.
copy of advertisement; and afham further says that he or she
has neither paid nor promised any person, firm or corporation An Ordinance related to the fee schedule; amending Ordinance 12-18-2301
any discount, rebate, commission or refund for the purpose of to revise the Planning and Zoning Department fees and the Building Permit lees.
securing this advertisement for publication in the saitl
An Ordinance amending the Land Development Code, Auricle III, Section 20-3.4
-Special Use Conditions Article V, Section 20-5.9'Variance Approvals',
and Article VII, Section 20-7.51 -Special Exception' Concerning Medical Marijuana
and Pharmacy, Drug and Sundry store uses.
GUILLERMO GARCIA personally known to me
g
BARBARATHOMA$Commission ti GG 121171Expires November 2.2021EMded TNuTmTFainlnsunnca500-deS7019
An Ordinance amending the City of South Miami lard Development Code, Chapter
20, Article II, Section 20-2.3, Article III, Sections 20-3.3, 20-3.4 and 20�3.6
of the City of South Miami's Land Development Code to add 'Community
Garden' as a new use and to provide for the regulation of such use.
An Ordinance modifying the following sections of the Land Development Gods!
Section 20-2.3 Definitions, Section 20-3.1 Zoning use districts and purposes (A)
and M; Section 2D-3.3 Permitted use schedule; and Section 20-3.5 Dimensional
requirements.
ALL interested patties are invited to attend and will be heard.
For further Information, please contact the City Clerk's Office at: 305-6634"
Nkenga A. Payne, CMC
City Clerk
Pursuant to Florida Statutes 2B6.0105, the City hereby advises the public
that'd 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 of the proceedings, and that for such purpose,
,Headed 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. 1/10 20-71/0000449757M
m"a"y'"wMU20 NEIGHBORS I I z9SE
wlwllxlwncmx
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
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, January 21, 2020, beginning at 7:00 p.m., in the
City Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
An Ordinance relating to the amendment of the City's 2019-2020 fiscal year budget
and increasing the appropriation amount for the General Fund and allocating such
increase to the Non -Departmental, line item 00 1 -2100-519-9924.
An Ordinance amending Section 15-63, "Mobile vendors' of the City of South
Miami Code of Ordinances, a create trial period for a permitting process that
allows a property owner or lessce in commercial districts to host a food truck under
a restricted set of conditions that minimize competition with existing restaurants
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 9,
Section 9-11 to make it illegal to make or accept a campaign contribution in excess
of $250 and providing for retention and production of documents, enforcement,
fines and other regulations.
An Ordinance related to the fee schedule; amending Ordinance 12-18-2301 to revise
the Planning and Zoning Department fees and the Building Permit fees.
An Ordinance amending the land Development Code, Article III, Section 20-3.4
"Special Use Conditions", Article V, Section 20-5.9 "Variance Approvals", and
Article VR, Section 20-7.51 "Special Exception" Concerning Medical Marijuana
and Pharmacy, Drug and Sundry score uses.
An Ordinance amending the City of South Miami Land Development Code, Chapter
20, Article R, Section 20-2.3, Article 111, Sections 20-3.3, 20-3.4 and 20-3.6 of the
City of South Miami's Land Development Code to add "Community Garden" as a
new use and to provide for the regulation of such use.
An Ordinance modifying the following sections of the Land Development Code:
Section 20-2.3 Definitions, Section 20-3.1 Zoning use districts and purposes (A)
and (13); Section 20-3.3 Permitted use schedule; and Section 20-3.5 Dimensional
requirements.
ALL interested parties are invited to attend and will be heard.
For fuller information, please contact the City Clerk's Office at: 305-663-6340.
Nkenga A. Payne, CMC
City Clerk
rurwmt to Florida Slmutes 286.0105, the City hetcby advises the public that if a person decides to opined
any decision made by this Blatant. Agency or Commission with refine. to any ..on considered u its
meeting or hearing, he m she will aced a rowel of the proceedings, and sMl for such purpose, affected
pesm may need to emote that a verbatim recant of the pmcaddings is made which raord includes the
msumoay and evidence upon which the appeal is to be based.
DISCOUNTS
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Sete held pursuant to Miami Deda County. PermltNa
MALL 1625 W 49th St.
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