Res No 017-20-15457RESOLUTION NO. 017 - 2 0 -1 5 4 5 7
A Resolution relating to a Special Exception application to permit a Medical
Marijuana Retail Center (MMRC) use at 5850 Sunset Drive.
WHEREAS, pursuant to Section 20-7.51 of the Land Development Code (LDC), the
applicant, MMG Sunset, LLC, submitted Application No. PB-20-001 to the Planning Board
requesting a Special Exception approval to operate a Medical Marijuana Retail Center (MMRC)
at 5850 Sunset Drive, within the Special Retail "SR", Hometown District Overlay "HD-OV",
Historic Preservation Overlay "HP-OV" zoning district; and
WHEREAS, MMRC's are permitted as a Special Exception within the Special Retail
"SR", Hometown District Overlay "HD-OV", Historic Preservation Overlay "HP-OV" zoning
district and are subject to meeting the general conditions specified in Land Development Code
(LDC) Section 20-7.51(A) and subject to meeting the additional requirements for MMRCs as set
forth in Section 20-7.51(E) of the LDC; and
WHEREAS, the applicant's MMRC Special Exception meets the Special Exception
requirements set forth in Section 20-7.51(E) of the LDC which are:
E. Drug, Pharmacy or Sundry Stores selling prescription drugs (Pharmacies) and
Medical Marijuana Retail Centers (MMRCs) may be permitted after public hearing
by Special Exception, upon satisfaction of the following criteria:
1. The criteria in section 20-7.51(A),
2. Pharmacies and MMRC shall meet the same distance requirements that are set
forth in 20-3.4 (24) of the LDC, other than for the distances between two of the
same uses, i. e. two Pharmacies or two MMRCs. Pharmacies shall not be located
within 500 feet of another Pharmacy, whether it is located in the City or in another
jurisdiction. MMRCs shall not be located within 500 feet of another MMRC
whether it is located in the City or in another jurisdiction. This distance between
two of the same uses shall be measured from nearest property line to nearest
property line.
3. Hours of operation of Pharmacies and MMRCs shall be limited to any such
requirements in State law. unless the Pharmacy engages in any of the activities of
an MMRC in which case the hours are as set forth in Section 20-3.4(24) of the
LDC.
4. Pharmacies and MMRCs shall operate in accordance with all other applicable State
laws, including Florida Statutes Section 381.986. as may be amended.
5. Any person desiring to commence the operations of a Pharmacy or MMRC (the
"Applicant") may apply to the City's Planning and Zoning Department for a
Page 1 of 3
Resolution No. 017-20-15457
reservation as set forth in Section 20-3.4(24)(k) of the LDC with the exception that
the distance requirement between the same uses shall be 500 feet; and
WHEREAS, the approval of a Special Exception requires a recommendation from the
Planning Board and the approval of the City Commission after a public hearing; and
WHEREAS, at its January 14, 2020 Planning Board meeting, and following a public
hearing, the Board reviewed application PB-20-001 and voted 6 ayes, 0 nays to recommend
approval of the request for a Special Exception to operate a MMRC with conditions; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The recitals set forth in this resolution are true and they are supported by
competent substantial evidence and they are incorporated into this resolution by reference as if
set forth in full herein.
Section 2. Special Exception Application (PB-20-001) submitted by applicant MMG
Sunset, LLC to operate a Medical Marijuana Retail Center (MMRC) at 5850 Sunset Drive,
within the Special Retail "SR", Hometown District Overlay "HD-OV", Historic Preservation
Overlay "HP-OV" zoning district is hereby approved. This approval is subject to the following
terms and conditions as well as all applicable City ordinances, codes, rules and regulations:
1. Pursuant to Section 20-3.24(d) of the LDC, the proposed MMRC shall only be permitted
to operate between the hours of 7:00 a.m. and 9:00 p.m.;
2. Pharmacies and MMRCs shall operate in accordance with all other applicable State laws,
including Florida Statutes Section 381.986, as may be amended;
3. Future changes to the interior floor plan do not require City Commission approval;
4. Special exceptions, if granted, shall be valid if, new construction commences within
eighteen (18) months from the date of final approval and is substantially completed
within two (2) years from the date of issuance of the first building permit. The time for
substantial completion may be extended by the City Commission upon application filed
prior to the expiration of the substantial completion period and upon demonstration of
good cause; and
5. If required by the Code, any and all exterior renovations or modifications for the new
establishment may be subject to approval by the Historic Preservation Board.
Page 2 of 3
Resolution No. 017-20-15457
Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 4" day of February, 2020.
ATTEST: p APPROVED:
CITY IELERK MAYQrR
READ AND APMVED AS TO FORM,
CITY
COMMISSION VOTE:
5-0
Mayor Stoddard:
Yea
Vice Mayor Hams:
Yea
Commissioner Welsh:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 3 of 3
Agenda Item No:3.
City Commission Agenda Item Report
Meeting Date: February 4, 2020
Submitted by: Marcus Lightfoot
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section:
Subject:
A Resolution relating to a Special Exception application to permit a Medical Marijuana Retail Center (MMRC)
use at 5850 Sunset Drive. 4/5 (City Manager -Planning Dept.)
Suggested Action:
Attachments:
5850 Sunset Drive MMRC Special Exception CM Cover Memo jkt ver.docx
5850_Sunset_Drive_Medical_Marijuna Special_Exception_ResolutionCArev.doc
5850 Sunset Drive MMRC Special Exception Documents.pdf
5850 Sunset Drive MMRC Special Exception Survey & Floor Plan.pdf
MDBR Ad.pdf
MH Ad.pdf
CITY OF SOUTH MIAMI
South Miami OFFICE OF THE CITY MANAGER
THE C':TY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the Commission
VIA: Steven Alexander, City Manager
FROM: Jane K. Tompkins, AICP, Planning Director
Date: February 4, 2020
A Resolution relating to a Special Exception application to permit a Medical Marijuana Retail
Center (MMRC) use at 5850 Sunset Drive.
BACKGROUND:
On April 4, 2017, the City Commission adopted Ordinance #06-17-2276, amending the Land
Development Code (LDC) to create the use known as the Medical Marijuana Retail Center
(MMRC) and designate its areas of operation on the City's list of permitted uses. At that time,
MMRCs were only permitted in the following zoning districts: Medium Intensity Office (MO) and
Transit Oriented Development District Light Industrial-4 (TODD LI-4) (recently revised to Transit
Oriented Development District Mixed Use-6 (TODD MU-6)).
With the rise of medical marijuana and changes in state legislation, the City adopted Ordinance
#41-19-2354 on December 3, 2019 to expand the districts where MMRC are allowed as either a
Special Use or a Special Exception and establish conditions of approval.
The applicant is proposing to open a MMRC in the ground floor tenant space of the existing two
(2) story building located at 5850 Sunset Drive. The property has a zoning designation of Specialty
Retail "SR", Hometown District Overlay "HD-OV" zoning district; as such, the applicant must
obtain a Special Exception permit to operate the M MRC under the new ordinance.
REQUEST:
MMG Sunset, LLC, the property owner and applicant, is requesting approval to permit a MMRC
in the ground floor tenant space located at 5850 Sunset Drive.
When reviewing the project, the following items are noted:
• The subject building, also known as the D.J. Red Building, was historically designated on
December 5, 2006 via Ordinance #28-06-1896.
• This is the first M MRC use that has been reviewed by the City.
2
5850 Sunset Drive M MRC Special Exception
February 4, 2020
Page 2 of 6
• The CVS Pharmacy located at 5795 Sunset Drive is the nearest pharmacy and is within 500
feet of the proposed MMRC.
• The Special Exception application was filed by the owner of the property. At this time, the
owner does not have a confirmed tenant for the subject location.
• Previously, the ground floor space was occupied by The Irish Times, a restaurant/drinking
place establishment.
• The subject property is not required to provide any on -site parking because: (1) designated
historic sites are exempt from the minimum parking standards and (2) Ordinance No. 11 -19-
2324 (adopted April 16, 2019) effectively removed all minimum parking requirements for the
HD-OV.
• The attached ground floor plan, sheet A-201, prepared by Mr. Luigi Vitalini of Vitalini Corazzini
Architects details the proposed floor plan for the future MMRC. It is important to note that
because the building is a historically designated building, any exterior renovations must first
be approved by the City's Historic Preservation Board prior to the issuance of any building
permits for such work.
ANALYSIS:
Pursuant to the Procedures for Special Exception (LDC Section 20-7.52), a special exception may
be granted only after a minimum of two (2) public hearings. The first public hearing shall be
before the Planning Board, which provides to the City Commission an advisory recommendation
regarding approval, approval with conditions, or disapproval. The second public hearing shall be
held before the City Commission.
SPECIAL EXCEPTION REGULATIONS
Section 20-7.51(A) of the LDC provides that a special exception may be approved when seven (7)
general conditions are satisfied:
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.
Staff Response: The addition of the MMRC in the Hometown will promote and encourage
the improvement of the Hometown District by contributing to the economic stability of
the District as a whole. As patrons come to the Hometown to shop at the MMRC, they may
also shop at other businesses. As businesses see the activity generated by the addition of
this store, future businesses may open in the vicinity, spurring further development and
encouraging growth within the District.
3
1KT/mwl
CAUsers\EASYPD-1 \AppData\Local\Temp\BCL Technologles\easyPU 8\@BCL®880C3E7E\®BCL@880C3E7E.docx
5850 Sunset Drive MMRC Special Exception
February 4, 2020
Page 3 of 6
2. The proposed development is compatible with the land uses and development
intensities prescribed by all applicable city regulations.
Staff Response: The purpose of the Specialty Retail district is to maintain the basic specialty
retail character of the Sunset Drive commercial area by encouraging comparison retail uses
at the pedestrian -oriented grade level and office and residential uses on the upper floors of
all buildings (Section 20-3.1(13)(14)). As a retail use, the MMRC will be compatible with the
basic concept of the District as well as complement the existing uses in the area.
3. The proposed development must possess integrity of design compatible with
the design criteria established for the Hometown District and with the overall
image of the city.
Staff Response: Occupying an historically designated building in the Hometown, the
proposed MMRC will already be compatible with the design criteria established for the
Hometown District. At this time there has been no discussion of any exterior renovations.
If the applicant wishes to perform any exterior renovations to the building, the City's
Historic Preservation Board will have to approve the plans prior to the issuance of any
building permits for the project.
4. The proposed development shall be designed in a manner that provides for
effective management of traffic (vehicular and pedestrian), parking, lighting,
noise and waste generated by the development, and management of the
impacts of the development on public facilities and services.
Staff Response: Adjacent to the subject building is an existing surface parking lot that is
also owned by the applicant. Because of that, and the close proximity to the public garage
and the Metro -Rail, there will be an effective management of traffic and parking for the
use. Because of the change of use from a restaurant/drinking place to a retail store, the
management of noise and waste generation will be greatly reduced as well. Last, because
of the change of use, the impact on public facilities and services should be reduced.
5. The proposed development does not expand the permitted uses within the
Hometown District, except as herein provided.
Staff Response: The development of a MMRC does not expand the permitted uses within
the Hometown District.
6. The proposed development will not have an unfavorable effect on the
economy of the City of South Miami.
4
1KT/mwl
C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPU 8\@BCL@880C3E7E\®BCL@880C3E7E.docx
5850 Sunset Drive MMRC Special Exception
February 4, 2020
Page 4 of 6
Staff Response: By developing the proposed business into the Hometown District, an influx
of new patrons will be introduced to the City. With the introduction of new patrons to the
area, it is possible that they will add to the economy of the City of South Miami
7. The proposed development, when considered cumulatively with other
development, both present and future, within the Hometown District, will not
create excessive overcrowding or concentration of people or population.
Staff Response: Due to the nature of the proposed business, traffic entering the City will
likely increase, which is typical for a new retail store but given the relatively small size of the
space, the increase in new patrons coming into the Hometown is not likely to create
excessive overcrowding.
Additionally, as part of the amendments adopted in Ordinance #41-19-2354, MMRCs must satisfy
Section 20-7.51(E):
Drug, Pharmacy or Sundry Stores selling prescription drugs (Pharmacies) and
Medical Marijuana Retail Centers (MMRCs) may be permitted after public hearing
by Special Exception, upon satisfaction of the following criteria:
1. The criteria in section 20-7.51(A),
Staff Response: Please refer to the above responses.
2. Pharmacies and MMRC shall meet the same distance requirements that are set
forth in 20-3.4 (24). other than for the distances between two of the same uses,
L e. two Pharmacies or two M MRCs. Pharmacies shall not be located within 500
feet of another Pharmacy, whether it is located in the City or in another
jurisdiction. MMRCs shall not be located within 500 feet of another MMRC
whether it is located in the City or in another jurisdiction. This distance between
two of the same uses shall be measured from nearest property line to nearest
property line.
Staff Response: Pursuant to the location requirements found in Section 20-3.4(24)(a) of the
LDC, a MMRC shall not be located:
L Within 300 feet of any RS zoning district;
ii. Within 1,000 feet of another MMRC, whether it is located in the City or in
another jurisdiction; or
iii. Within 500 feet of a child day care facility, an elementary, middle or secondary
school or within 500 feet of a county or municipal park located within the
Commercial Core,
5
!KT/mwl
CAUsers\EASYPD-1 \AppData\Local\Temp\BCL Technologles\easyPDF 8\@BCL®880C3E7E\@BCL®880C3E7E.docx
5850 Sunset Drive MMRC Special Exception
February 4, 2020
Page 5 of 6
The proposed MMRC is the first of its type within City limits, as such, there is no other MMRC
that is within 1000 feet of it inside the City; staff found no MMRC within 1,000 feet outside
of the city either. The proposed MMRC is more than 300 feet from the nearest RS zoning
district and is more than 500 feet from any child day care facility, elementary, middle or
secondary school. Last, the proposed MMRC is more than 500 feet from any county or
municipal park located within the Commercial Core.
There is an existing CVS Pharmacy that is within 500 feet of the proposed MMRC, but the
distance requirement listed above can only be applied between same uses, i.e. a pharmacy
must be at least 500 feet from another pharmacy and a MMRC must be at least 500 feet
from another MMRC.
3. Hours of operation of Pharmacies and MMRCs shall be limited to any such
requirements in State law, unless the Pharmacy engages in any of the activities
of an MMRC in which case the hours are as set forth in Section 20-3.4(24),
Staff Response: Pursuant to Section 20-3.24(d) of the LDC, the proposed MMRC shall will
only be permitted to operate between the hours of 7:00 a.m. and 9:00 p.m.
4. Pharmacies and MMRCs shall operate in accordance with all other applicable
State laws, including Florida Statutes Section 381.986, as may be amended.
Staff Response: The proposed MMRC will be required to operate in accordance with all other
applicable State laws, including Florida Statute Section 381.986, as may be amended.
5. Any person desiring to commence the operations of a Pharmacy or MMRC (the
"Applicant") may apply to the City's Planning and Zoning Department for a
reservation as set forth in Section 20-3.4(24)(k) with the exception that the
distance requirement between the same uses shall be 500 feet.
Staff Response: In December 2019, the applicant submitted a letter of reservation to the
City of South Miami, requesting to place a reservation on the subject property for the use of
a future MMRC.
PLANNING BOARD RECOMMENDATION:
The application was reviewed by the Planning Board at its January 14, 2020 meeting. After a
public hearing on the application, the Board voted unanimously to recommend approval.
C.1
1KT/mwl
CAUsers\EASYPD-1 \AppData\Local\Temp\BCL Tech nologles\easyPDF 8\®BCL®880C3E7E\@BCL@880C3E7E.docx
5850 Sunset Drive MMRC Special Exception
February 4, 2020
Page 6 of 6
RECOMMENDATION:
Staff recommends that the City Commission approve the Special Exception Permit application
subject to the following terms and conditions as well as all applicable City ordinances, codes,
rules and regulations:
1. Pursuant to Section 20-3.24(d) of the LDC, the proposed MMRC shall only be permitted
to operate between the hours of 7:00 a.m. and 9:00 p.m.;
2. The MMRC shall operate in accordance with all other applicable State laws, including
Florida Statutes Section 381.986, as may be amended;
3. Future changes to the interior floor plan do not require City Commission approval;
4. The special exceptions shall be valid if, new construction commences within eighteen (18)
months from the date of final approval and is substantially completed within two (2) years
from the date of issuance of the first building permit. The time for substantial completion
may be extended by the City Commission upon application filed prior to the expiration of
the substantial completion period and upon demonstration of good cause; and
5. If required by the Code, any and all exterior renovations or modifications for the new
establishment may be subject to approval by the Historic Preservation Board.
ATTACHMENTS:
• Application, Dated December 10, 2019
• Warranty Deed
• MMG Sunset, LLC Sunbiz Information
• Letter of Intent, Dated December 10, 2019
• M MRC Reservation Letter, dated December 4, 2019
• Mailing Label Certification w/Location Map, dated December 4, 2019
• Affidavit Attesting to Providing Mailed Public Hearing Notice, dated December 23, 2019
• Neighborhood Awareness Package, dated December 19, 2019 including:
• Letter of Intent, dated December 10, 2019
• Warranty Deed
• City Notice of Public Hearing
• Ordinance #41-19-2354
• Legal Ad
• ALTA/NSPS Land Title Survey
• 5850 Sunset Medical Cannabis Dispensary Ground Floor Plan, sheet A-201
VA-
1KT/mwl
CAUsersIEASYPD-11AppDatallocal\Temp1BCLTechnologiesleasyPU 81@BCL@880C3E7E1@BCL@880C3E7E.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
RESOLUTION NO.
A Resolution relating to a Special Exception application to permit a Medical
Marijuana Retail Center (MMRC) use at 5850 Sunset Drive.
WHEREAS, pursuant to Section 20-7.51 of the Land Development Code (LDC), the
applicant, MMG Sunset, LLC, submitted Application No. PB-20-001 to the Planning Board
requesting a Special Exception approval to operate a Medical Marijuana Retail Center (MMRC)
at 5850 Sunset Drive, within the Special Retail "SR", Hometown District Overlay "HD-OV",
Historic Preservation Overlay "HP-OV" zoning district; and
WHEREAS, 11i MRC's are permitted as a Special Exception within the Special Retail
"SR", Hometown District Overlay "HD-OV", Historic Preservation Overlay "HP-OV" zoning
district and are subject to meeting the general conditions specified in Land Development Code
(LDC) Section 20-7.51(A) and subject to meeting the additional requirements for MMRCs as set
forth in Section 20-7.51(E) of the LDC; and
WHEREAS, the applicant's MMRC Special Exception meets the Special Exception
requirements set forth in Section 20-7.51(E) of the LDC which are:
E. Drug, Pharmacy or Sundry Stores selling prescription drugs (Pharmacies) and
Medical Marijuana Retail Centers (MMRCs) may be permitted after public hearing
' by Special Exception, upon satisfaction of the following criteria:
1. The criteria in section 20-7.51(A),
2. Pharmacies and MMRC shall meet the same distance requirements that are set
forth in 20-3.4 (24) of the LDC, other than for the distances between two of the
same uses, i. e. two Pharmacies or two MMRCs. Pharmacies shall not be located
within 500 feet of another Pharmacy, whether it is located in the City or in another
jurisdiction. MMRCs shall not be located within 500 feet of another MMRC
whether it is located in the City or in another jurisdiction. This distance between
two of the same uses shall be measured from nearest property line to nearest
property line.
3. Hours of operation of Pharmacies and MMRCs shall be limited to any such
requirements in State law. unless the Pharmacy engages in any of the activities of
an MMRC in which case the hours are as set forth in Section 20-3.4(24) of the
LDC.
4. Pharmacies and MMRCs shall operate in accordance with all other applicable State
laws, including Florida Statutes Section 381.986. as may be amended.
5. Any person desiring to commence the operations of a Pharmacy or MMRC (the
"Applicant") may apply to the City's Planning and Zoning Department for a
Page 1 of 3
I reservation as set forth in Section 20-3.4(24)(k) of the LDC with the exception that
2 the distance requirement between the same uses shall be 500 feet; and
3
4 WHEREAS, the approval of a Special Exception requires a recommendation from the
5 Planning Board and the approval of the City Commission after a public hearing; and
6
7 WHEREAS, at its January 14, 2020 Planning Board meeting, and following a public
8 hearing, the Board reviewed application PB-20-001 and voted 6 ayes, 0 nays to recommend
9 approval of the request for a Special Exception to operate a MMRC with conditions; and
10
11 WHEREAS, the City Commission desires to accept the recommendation of the Planning
12 Board.
13
14 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
15 COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
16
17 Section 1. The recitals set forth in this resolution are true and they are supported by
18 competent substantial evidence and they are incorporated into this resolution by reference as if
19 set forth in full herein.
20
21 Section 2. Special Exception Application (PB-20-001) submitted by applicant MMG
22 Sunset, LLC to operate a Medical Marijuana Retail Center (MMRC) at 5850 Sunset Drive,
23 within the Special Retail "SR", Hometown District Overlay "HD-OV", Historic Preservation
24 Overlay "HP-OV" zoning district is hereby approved. This approval is subject to the following
25 terms and conditions as well as all applicable City ordinances, codes, rules and regulations:
26
27 1. Pursuant to Section 20-3.24(d) of the LDC, the proposed MMRC shall only be permitted
28 to operate between the hours of 7:00 a.m. and 9:00 p.m.;
29
30 2. Pharmacies and MMRCs shall operate in accordance with all other applicable State laws,
31 including Florida Statutes Section 381.986, as may be amended;
32
33 3. Future changes to the interior floor plan do not require City Commission approval;
34
35 4. Special exceptions, if granted, shall be valid if, new construction commences within
36 eighteen (18) months from the date of final approval and is substantially completed
37 within two (2) years from the date of issuance of the first building permit. The time for
38 substantial completion may be extended by the City Commission upon application filed
39 prior to the expiration of the substantial completion period and upon demonstration of
40 good cause; and
41
42 5. If required by the Code, any and all exterior renovations or modifications for the new
43 establishment may be subject to approval by the Historic Preservation Board.
44
0
Page 2 of 3
I Section 3. Corrections. Conforming language or technical scrivener -type corrections
2 may be made by the City Attorney for any conforming amendments to be incorporated into the
3 final resolution for signature.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of , 2020.
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND EXECUTION
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Welsh:
Commissioner Liebman:
Commissioner Gil:
10
Page 3 of 3
City of South Miami
Planning & Zoning Department
SoutheMkAiami City Hall, 6130 Sunset Drive, South Miami, Florida 33143
THE CITY OF PLEASANT LIVING Telephone: (305) 663-6326; Fax: (305) 6664591
Application for Public Hearing or Administrative Review
Address of Subject Property,
54550 1. u
Lot(s) Block
PB �.
Subdivision
Meets & Bounds: tz
Ap licant:
Phone: � � _
_ --1 5 U
PD
Ce(o
Representative:
Organization:
Address:
6 �_�LAcOC) 00
Phone: _ „
. _ ZT Z,
Property Owner � �
MaKdress:
Signature:
il(' g
i�i3b�
Phone: _
�C� � 7 508
chitecUEngineer.
Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
�G Owner Owner's Representative _Contract to purchase _Option to purchase Tenant/Lessee
1PPLICATION IS HEREBY MADE FOR THE FOLLOWING:
'LEASE CHECK THE APPROPRIATE ITEM:
—Text Amendment to LDC
)4Speclal Exception
_ Zoning Map Amendment
_ Waiver of Plat
_ PUD Approval
_ Unity of Title
_ PUD Major Change
—Abandonment of ROW
—Variance
_ Administrative Review
_ Special Use
_ Other (Please Specify)
explain application and cite specific Code sections:
Subsection: Page #: Amended Date:
SUBMITTED MATERIALS
PLEASE CHECK ALL THAT APPLY'
Letter of intent
_ Cost Recovery Affidavit
_ Justifications for change
_ Unity of Title
_ Statement of hardship
_ Proof of ownership or letter from owner
_ Power of attorney
_ Contract to purchase
_ Current survey (1 original sealed and
signedfl reduced copy @ 11" x 17")
2 copies of Site Plan and Floor Plans
24 x 36', 7 reduced copy @ 11" x 17"
_ Affidavit -Receipts attesting to mail
notices sent
_ Mailing labels (3 sets) and map
_ Required Fee(s)
ndersigned has read this completed applicationand represents that the information and all submitted materials are true and
c o the best of the applicant's knowledge and belief.
i
App ' nt':re4gWa
azure and title Print Name Date
Upon recpl'tc�s�ions and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable tsotfs. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE N Y:
Date Filed 1 Z 14 Date of PB Hearing I'A UU Date of Commission 11
Petition Requir d N a Petibon Acce zed N1A
Method of Payment C.(RrU-
Phis Umiuncnt Prcµarcd By and Return to
ANGELO P . DEHOS , ESQ
12601 SST 70TH AVENUE
PIVECREST, FL 33156
Parcel ID Number: 09-4036-022-0120
CFN 20190641450 BOOK 31645 PAGE 896
DATE:1001 i2019 08.34 36 AA4
DEED DOC 23,400 00
SURTAX 17 550 00
HARVEY RUVIN, CLERK OF COURT, MIA•DADE CTY
WarrantyDeed
Thus Indenture, Made this J,() day o _-f�,�/r;�,, -, 2019 A.D., Between
ANDROULARIS KORRES, mc. , a corporation existing under the laws of the
State of Florida
of the County of MIAMI •-DADE, state of FLOR.IDA, grantor, and
MM SUNSET LLC, a Florida limited liability company
whose address is: 9171SOUTH DIXIE HIGHWAY, PrNECREST, FL 33156
of the Cnumy of Miami -Dade, state of Florida, grantee.
Witnesseth that the GRAN OR, for and ifn�lcco'�n�sidertitaion co(*OiQc sum of (��
w..---�.—�.—a.-------- E DOLLARS l$10)—.r—.�.------------------- i 1.1,ARS.
aM other good and tialuabte consideration to G11-A v'TOR in hand paid h%% 6RAN'IT.1, the mcript wherrof is hcrcb�- ackno%%lodged, has
gnmied, bargained and sold to the said GRAN. "WE and GRAN I1:11.'S heirs, successors and assigns forvvcr, the 11611nwing dc+crihcd Itu►J,
situme, lying and Ming in the County, of MIAMI —DADE Stnte of Florida to wit.
Lot 16, Less the North 30 feet thereof for road purposes, W.A. Le►RKIN'S SUBDIVISION, according
to 4he Plot thereof recorded in Plat Book 3, rage 198, of the Public Records of Miami -Dade County,
Florida.
Subject to:
1. Taxes for the year 2019 and subsequent years.
2. Zoning and governmental ordinances.
3. Conditions, limitations, restrictions, and easements of record, but this provision shall not operate to
reimpose same.
and the grantor does hereby fully warrant the title to said land, and will defend the sitme against lawful
claims of all persons whomsoever.
12
IWt-(d37
CFN, 20190641450 BOOK 31645 PAGE 897
In Wkness Whereof, the gn, mop has hcrcuntu set iti hand and kit the day and yrui first abovc whiten
Signed, sealed and delivered in our presence:
ANDRAULAKIS pCORRES , INC.
' BY; _,�f a. i :�,z'�:��> >_. (Seal)
MAY EN , PRESIDENT
Witness R0 Addn ss 6335 SW 116 STRE FT. PINECRES71 FLORIDA 33156
J_
Printed Main
witness
(Corporate S"l)
STATE OF FLORIDA
COUNTY OF P iI-DADE
1'hc foregoing instrumcnt was acknowicdgcd before me this .a (: clay cif.;., •�jle-'») :l-. ;k 1 `t by
b"y ANDERSEN , PRESIDENT of ANDROULAKI S KORRE S , 1-Nc . , a Florida
Corporation, on behalf of the corporation
who is personal y known to me or who has produced her Florida dri. $_' 8 licemse as identification.
Pr3.1a Sm� .jjUl
Notary Public
My CoinmLmvian Expires: l
ANGELO p OEMOS
MY COIAMISSION 9 GG O94917
• .�/i 1 EXRtE_S: Ai,g�u.�nji.1l. 2021
•NMM'" ��tr�
13
14-R-1437
Detail by Entity Name
Page 2 of 3
14
hLtp:Hsearch.sunbiz.org/lnquiiy/CorporationSearcli/SearchResu]tDetail?inquirytype=Entit... 12/ 18/2019
Jerry B. Proctor, P.A.
December 10, 2019
Ms. Jane K. Tompkins, AICP
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re. Zoning Application — MMG Sunset LLC
Property: 5850 Sunset Drive (Lot 16,
W.A. Larkins, Plat Book 3, Page 198)
Folio No.: 09-4036-022-0120
Dear Ms. Tompkins:
Please accept this application for "Special Exception" approval pursuant to
Section 20-7.12 of the City's Land Development Code.
MMG Sunset LLC, owner of the property at 5850 Sunset Drive (the "Subject
Property") by virtue of the attached warranty deed recorded on October 11, 2019,
requests "Special Exception" approval to place a Medical Marijuana Retail Center
(MMRC) in the commercial building on the Subject Property.
The Subject Property. The Subject Property is zoned HD-OV (Hometown District
Overlay) and is designated for Mixed -Use Commercial -Residential on the Future Land
Use Plan Map of the City.
The Subject Property is 10,875 square feet in size and is surrounded on all sides
by commercial development. The most recent use of a majority of the floor area was for
restaurant use.
The Proposed Use. MMRCs were initially into the City's Land Development Code
in 2016, and those regulations were amended by the City Commission on December 3,
2019 pursuant to amendments to State law promulgated in 2017. In accordance with
State and City law, MMRCs are now permitted in the Hometown District, subject to
"Special Exception" review and subject to the following conditions and limitations:
1. MMRCs may have operating hours of 7 AM to 9 PM; they may not open
earlier or stay open later than these prescribed hours, unless these
limitations are modified by State law.
2. MMRCs may not be located within 500 feet from another MMRC.
This proposed MMRC complies with these conditions and limitations.
15
"Special Exception". The proposed MMRC complies with the following
requirements:
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. The
creation of an active retail space at the Subject Property encourages
Downtown activity and growth in accordance with Future Land Use
Objective 2.1.
2. The proposed development is compatible with the land uses and
development intensities prescribed by all applicable city regulations.
There are no variances requested.
3. The proposed development possesses integrity of design compatible
with the design criteria established for the Hometown District and with
the overall image of the City.
4. The proposed development is designed in a manner that provides for
effective management of traffic (vehicular and pedestrian), parking,
lighting, noise and waste generated by the development, and
management of the impacts of the development on public facilities and
services.The use does not have a peak period or "rush" hour that
would strain public resources.
5. The proposed development does not expand the permitted uses within
the Hometown District.
6. The proposed development will not have an unfavorable effect on the
economy of the City of South Miami.
7. The proposed development, when considered cumulatively with other
development, both present and future, within the Hometown District,
will not create excessive overcrowding or concentration of people or
population.
Thank you for your consideration of this application.
Sincerely,
�,�
Jerry . Proctor, P.A.
Jerry B. Proctor
President
cc: Marcos Puente
16
Jerry B. Proctor, P.A.
December 4, 2019
Ms. Jane K. Tompkins, AICP
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: MMRC Reservation
Property: 5850 Sunset Drive (Lot 16, Plat Book 3, Page
198)
Dear Ms. Tompkins:
Pursuant to: Section 20-3.4 of the Land Development Code, as revised by the City
Commission on December 3, 2019, please accept this letter requesting a reservation to place a
Medical Marijuana dispensary at the location noted above.
Thank you.
cc: Marcos Puente
Sincerely,
'1'
Jerry. Proctor, , P.A.
Jerry B. Proctor
President
9130 S L?:1PI T AM) 131.�I�., �I li'l'1�: 1700. MIAN11, I :, 33150
3057179.2924 J "RUi : I'(ilt'i;?1'lt(X `I ()IWA.(()NI
17
- rdr miami I public hearing notification services
cer ified fish of property owners within a specific radius + radus maps + mailing labels + mallouts + notice of public hearing site posting
rdrmiami.com I diana@rdrmiami.com 1 305.498.1614
December 4, 2019
City of South Miami
Planning & Zoning
6130 Sunset Drive
South Miami, FL 33143
Re: Properly owners within 500 feet of:
SUBJECT: 5850 Sunset Drive, South Miami, FL 33143
FOLIO NUMBER: 09-4036-022-0120
LEGAL DESCRIPTION: W A LARKINS PB 3-198 LOT 16
This is to certify that the attached ownership list, map and mailing labels are a complete and
accurate representation of the real estate property and property owners within 500 feet radius of
the external boundaries of the subject property listed above, including the subject property. This
reflects the most current records on file in the Miami -Dade County Property Appraisers' Office.
Sincerely,
Diana B. Rio
Total number of property owners without repetition: 64
Abutting, or contiguous, property owners including those across the street are listed in
BLUE
ip
Rio Development Resources, LLC ('RDRy has used its best efforts in collecting the information published in this report and the
findings contained in the report are based solely and exclusively on information provided by you and information gathered from
public records and that local government By acceptance of this report, you agree to hold RDR harmless and indemnify RDR from
any and all losses, damages, liabilities and expenses which can he claimed against RDR caused by or related to this report
- rdr miami I public hearing notification services
certified fists of property owners within a specific radius + radius maps + mailing labels + ma7outs + notice of public hearing site posting
rdrmiami.com I diana@rdrmiami.com i 305.498.1614
500' RADIUS MAP N
j /�-----
--� /yd� swatsr.sr
-SW72NDSr-
SW 21ND 5T y SW7"ST
SW.73RD ST
-
_
I --- S1J14TH ST
__ VY74TH ST
I
SUBJECT: 5850 Sunset Drive, South Miami, FL 33143
FOLIO NUMBER: 09-4036-022-0120
LEGAL DESCRIPTION: W A LARKINS PB 3-198 LOT 16
Abutting or contiguous property owners, including those across the street
19
AFFIDAVIT ATTESTING TO PROVIDING MAILED PUBLIC HEARING NOTICE
STATE OF Florida
COUNTY OF Miami -Dade
Jerry B. Proctor, Esq. Jerry B. Proctor, P.A.
Authorized Representative Name(s)
That I am the: authorized representative of the following described property:
Folio Number(s) (List All): 09-4036-022-0120
That on the 23rd day of December , 2019, 1 sent by first class service mail,
to each person on the list of names and addresses within 500 feet of the subject
properties and by certified mail to the adjacent property owners, a true copy of
the Notice required by the Code of the City of South Miami (see attached).
That attached are the following:
X Copy of mailed notice and list of surrounding property owners and address
to whom the notice was mailed to.
X Copies of certified mail receipts
Signed:
rry B roctor, Esq
The foregoing document was acknowledged before me the 43 day of December, 2019
byJULL PQ - , wh pis personally known to me or who has produced
as identification.
Seal: NOTARY PUBLIC
EVEL" I FINK
MY CQMM1SSM # GG27M62
EXPIRES December 19, 2022
20
Jerry B. Proctor, P.A.
December 19, 2019
To Whom It May Concern:
Re: 5850 Sunset Drive — 09-4036-022-0120
MNIG Sunset LLC has filed a zoning hearing application to the City of South Miami
regarding the property listed above. The attached letter of intent provides additional
information.
I may be reached at (305)779-2924 if you have questions. Prior to the City Commission
hearing regarding this application, the City of South Miami will provide additional notice.
Sincerely,
Jerry B. Proctor, P.A.
Jerry B. Proctor
President
21
9130 S. DADLLAND BLVD., SUITE 1700, IvIIAMI, FL 33156
305.779.2924 TPROCTORCPROCTORPA.00N1
Jerry B. Proctor, P.A.
December 10, 2019
Ms. Jane K. Tompkins, AICP
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: Zoning Application — MMG Sunset LLC
Property: 5850 Sunset Drive (Lot 16,
W.A. Larkins, Plat Book 3, Page 198)
Folio No.: 09-4036-022-0120
Dear Ms. Tompkins:
Please accept this application for "Special Exception" approval pursuant to
Section 20-7.12 of the City's Land Development Code.
MMG Sunset LLC, owner of the property at 5850 Sunset Drive (the "Subject
Property") by virtue of the attached warranty deed recorded on October 11, 2019,
requests "Special Exception" approval to place a Medical Marijuana Retail Center
VMRC) in the commercial building on the Subject Property.
The Subiect Property. The Subject Property is zoned HD-OV (Hometown District
Overlay) and is designated for Mixed -Use Commercial -Residential on the Future Land
Use Plan Map of the City.
The Subject Property is 10,875 square feet in size and is surrounded on all sides
by commercial development. The most recent use of a majority of the floor area was for
restaurant use.
The Proposed Use. MMRCs were initially into the City's Land Development Code
in 2016, and those regulations were amended by the City Commission on December 3,
2019 pursuant to amendments to State law promulgated in 2017. In accordance with
State and City law, MMRCs are now permitted in the Hometown District, subject to
`Special Exception" review and subject to the following conditions and limitations:
1. MMRCs may have operating hours of 7 AM to 9 PM; they may not open
earlier or stay open later than these prescribed hours, unless these
limitations are modified by State law.
2. MMRCs may not be located within 500 feet from another MMRC.
This proposed MMRC complies with these conditions and limitations.
22
9130 S. DADEI AND BLVD., SUITE 1700, MIAM1, FL 33156
305.779.2924 JPROCrORQPROCTORPA.COM
cc:
"Special Exception". The proposed MMRC complies with the following
requirements:
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. The
creation of an active retail space at the Subject Property encourages
Downtown activity and growth in accordance with Future Land Use
Objective 2.1.
2. The proposed development is compatible with the land uses and
development intensities prescribed by all applicable city regulations.
There are no variances requested.
3. The proposed development possesses integrity of design compatible
with the design criteria established for the Hometown District and with
the overall image of the City.
4. The proposed development is designed in a manner that provides for
effective management of traffic (vehicular and pedestrian), parking,
lighting, noise and waste generated by the development, and
management of the impacts of the development on public facilities and
services.The use does not have a peak period or "rush" hour that
wodld strain public resources.
5. The proposed development does not expand the permitted uses within
the Hometown District.
6. The proposed development will not have an unfavorable effect on the
economy of the City of South Miami.
7. The proposed development, when considered cumulatively with other
development, both present and future, within the Hometown District,
will not create excessive overcrowding or concentration of people or
population.
Thank you for your consideration of this application.
Marcos Puente
Sincerely,
Jerry B. Proctor, P.A.
Jerry B. Proctor
President
23
Tills Mcumcrt Vtcpxcci 13y 2nt3 Rd= tug
ANMO P r DEWS , ESQ
12401 SV 70TH AVMM
PnMCREST, PL 23166
Warranty Deed
CPhi- 2019064 9 450 GOO[( 31645 PAGE 696
DATE:10 11=19 08' 4_36 AA4
DEED DOC 23.400.OD
SURTAX 17.550.OD
HARVEY RUVrN, CLERK OF COURT. M1A•DADE Cr
TM bfttu `lt, Wde this ' 0 ft o&Soj' */ �,qn 2 0 $ S A.D., BetWe=
A S FEt MMS t M . , a oorpozaf.3.on existing undev the laws cg the
Sfiat* if FU. z
of she C-ounty o1'—DAIS, Sim of F.TrOMN gmtor, tutu
3 SUNSET LLC! a ?]. i Iim:Lted, liabillty ccmcpany
wh= addms is: 9I7ISDDTH Dj=8 HIGHWAYt p.L T f FL 33166
of t�: Ottutrcy afm3—D.zd+E:, �`tr� �f �1�3�i�C3, �T�I�teE.
Wiftreadh that the GRA3 I -OR, for and in ctmsidm ion of'the sum of
+..�►..r art�r�w^:.4.-. i7.s.r IYM ..+.rr �. a�w���.
TEPT DDLLMS m--..,_......_�, �_�.._«.:� ..»..,,. .__�-_ DOLLARS,
2ni :ether good Md vWd2M consi&-melon to CM. -W it in hmd pd by MANTE , the teccipt wheimf is hccc6y WI-nowleded, has
bmplaW iwd find to the said GRAIN T.' and GRi1KII.-T.S hft it-Mmm and assigns f=ver, the fnitAw[q dcseri c� lam,
situ= tying and $Gifts in the cbuw of AMI—DAM State ofFlorida to Quit:
Lot IS, Less the North30 feet therea'ifor roars purposes, WA_ LARXINIS SUMMSION, according
to the Flat thereof recorded to Plat Boot: 3. Page 198, of the Public Records of Ml anit-Dade County,
Flayfd%
Saimt to:
1. Faxes for the year 2019 and subsequent yem.
2. Zoning and govemment.-al ordinances.
3. Conditim, 11mitatiorts, remictions, and eascmeuts of mcord, but this provision small not operate to
reimpose same,
anci fe grantor does hereby fi ly -warrant the litic to saki land, vutd %fill defend the same against lawful
cia rms ofall perscnns whomsoever.
24
CFN. �G19054 1450 BOOK 31645 PAGE 897
in Witum Whereof; the rn- n;ur hs* hcrrunto sit it hand and not the day and .}ear CirST akcw xvrit!0.
SIVAt sWed and d leered lin amIr Presence:
AMMMAKIS KQRRFS , INC-
By:
?:"7
`: _ mot_ (Seel)
d ;�1,ryfi�. i? ��? •'., ,£ .,$ , PSG'
P0-Ad*cw. i�4'�'RF ' ..l�tnECRES�'. FL{DRifl . i
(Corporate Sean
WIs
l•- ZA IV , #- w
L �•
COU Y OF NZ =—DAM
Tile tg bstr.�t� �acknoAviedged terore me this 3 J day of • 7'i'��� .ar' Act by
g MMMSH v 8RE3IDENT° 4f ANDROMAM RQ S, INC . a '1.arida
Ca ation,, = behalf of the corporation
►ft Is personally known to me as who }gas prt dmd, iur Florida dri s_ 1iaease 2s identification.
Notary Public
My Coarufission Expires:
ANGELO A DEWS
#�YLS5tON�i3t;7
25
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
Planning and Zoning Department
6130 Sunset Drive; South Mianii, Florida 33143
Phone: (305) 663-6326; Fax #: (305) 668-7335
On Tuesday, January 14, 2020 at 7:00 P.M., the City of South Miami's Planning Board
will conduct public hearings in the City Commission Chambers at the above address on the
following items:
1. PB-20-001
Applicant: MMG Sunset, LLC
A Resolution relating to a Special Exception application to permit a Medical
Marijuana Retail Center (MMRC) use at 5850 Sunset Drive.
(( L
1 5575
ff :_.42,
SW 72ND ST (SUNSET DR)
--- ---0, -
tj
Ul
-. -
SW 73RD ST
off- -
All interested parties are urged to attend. Any interested person has the right to appear before the Planning Board for the
presentation, adjustment or determination of an issue, request or controversy within the jurisdiction of the Board.
Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing.
The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best
interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning
Department by calling 305-663-6326 or writing to the address indicated above.
You are hereby advised that ifany person desires to appeal any decision made with respect to an)- matter considered at this
meeting or hearing, such person will need a record of the proceedings. and for such purpose 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 (r.S. 286.0105). Refer to hearing number when making any inquiry.
W
Ordinance No. 41--19 - 2 3 5 4
An Ordinance amending the Land Development Code, Article II, Section 20-2.3
"Definitions", Article III, Section 20-3.3(D) "Permitted Use Schedule" and Section
20-3.4 "Special Use Conditions", Article VII, Section 20-7.12(A) "Permitted and
Special Uses and Parking Requirements" and 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 October 8, 2019, the Planning Board held a public hearing on the
27
Nee 1 of 9
Ordinance No. 41-19-2354
ordinance and made a recommendation of approval by a vote of four (4) ayes to two (2) nays.
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:
Medical maryuana (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) and as the term "medical cannabis" is defined by Florida Statute. The
term "cannabis" does not include hemp as defined in s. 581.217, or as amended, or
industrial hemp as defined in s. 1004.4473, or as amended, and it does not include a
drug product described in s. 893.03(5)(d), or as amended.
Medical marijuana center (MMC). Shall mean either a medical marijuana retail
center or a medical marijuana processing center as defined herein.
Medical maryuana 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.
> > oils,
eintments)s ssell,distfibute, dispense,store,
supplies, or. administer- medioal
or- edueadenal >
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:
PERMITTED USE SCHEDULE
28
Pam 2 of 9
Ordinance No. 41-19-2354
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(B))
X - NO CONDITIONS WERE ADOPTED
ZONING DISTRICT
T
T
T
T
T
O
O
C
P
USE TYPE
R
L
M
N
S
G
M
U
D
D
D
D
D
D
D
D
p
p
p
0
A
O
O
O
R
R
R
A
D
D
H
I
R
S
N
R
H
M
M
IV
D
K
U
U
U
�
R
141
5
6
RETAIL AND WHOLESALE TRADE
*
Dru&44mFmaoy or Sundry Store Not
I
S JSJpJpJpJpJpJpJ
P
16
11
selling prescription drugs
Drug. Pharmacy or Sundry Stores selling
24
9
prescription dgs and Medical Marijuana
ru
S
S
S
S
S
S
S
S
S
S
Retail Center
S
24
9
* * *
Section 3. 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
M( M[RC) Medieal Marijuana_ and Drug, Pharmacy or Sundry
Stores selling prescription drugs (Pharmacies) allowed as a special user 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
M
Page 3 of 9
Ordinance No. 41-19-2354
zoning district, school, day care facility, park, or another business with the same use
that is controlled by this Subsection fi. e. another MMRC or Pharmacy).
(a) Location requirements. A MMRC shall not be located:
i. Within 300 feet of any RS zoning district;
I Within 1,000 feet of another MMRC, whether it is located in the City or in
another jurisdiction; and or
iii. Within 500 feet of a child day care facility, an elementary, middle or secondary
school or within 500 feet of a county or municipal park located within the
Commercial Core, .
Distanees shall be measufed by drawing a straight line between the eleses! point of
(b) Location requirements. A Pharmacy shall not be located:
i. Within 300 feet of anv RS zoning district;
ii. - Within 1,000 feet of another Pharmacy, whether it is located in the City or in
another jurisdiction: or
iii. Within 500 feet of a child day care facility, an elementary, middle or secondary
school or within 500 feet of a county or municipal park located within the
Commercial Core,
Md) Hours of operation. MMC and Pharmacies shall only be permitted to operate
between the hours of 7:00 a.m. and 9:00 p.m.
(eUe Vehicular traffic. The MMC or Pharmacy shall ensure that there is no queuing
of vehicles in the rights -of -way. No MMC 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 MMC or Pharmacy.
LParking. Any parking demand created by a MMC or Pharmacy 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 tFaffle
vehicle circulation and parking attributable to the MMC or Pharmacy will be
sufficient to accommodate traffic and parking demands generated by the MMC or
Pharmacy, based upon a current traffic and parking study prepared by a certified
professional.
(e)(gZRequirement for indoor operation and prohibition on loitering. All MMCs and
Pharmacies are prohibited from having or allowing The-e shall bsmoo-outdoor
seating areas, outdoor queues, or outdoor customer waiting areas. All activities of
the MMC or Pharmacy including sales, display, preparations and storage shall be
30
Page 4 of 9
ordinance No. 41-19-2354
conducted entirely within an enclosed building. The MMC and Pharmacy shall not
direct or encourage any patient or business invitee to stand, sit, gather, or loiter
outside of the building where the MMC or Pharmacy 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 or Pharmacy shall
post conspicuous signs on all sides of the building stating that no loitering is
allowed on the property.
(f) hMProhibition of on -site consumption of marijuana. No consumption of medical
marijuana shall be allowed on the premises of any MMC or Pharmacy that engages
in any of the activities of an MMC, including in the parking areas, sidewalks, or
rights -of -way.
(g)Q Landlord responsibilities. (i) Any landlord, leasing agent, or owner of property
upon which a MMC or Pharmacy that engages in any of the activities of an MMC
operates, who knows, or in the exercise of reasonable care should know, that such a
businessMW is operating in violation of City Code or applicable 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
such a MMC or Pharmacy must expressly incorporate language into the lease or
rental agreement stating that failure to comply with City Code is a material non -
curable breach of the lease and shall constitute grounds for termination of the lease
and immediate eviction by the landlord ("termination clause"). It shall be a violation
of this Section for a landlord to fail to incorporate such a termination clause in the
tenant's lease and/or the failure to take reasonable steps to evict a tenant when the
tenant is in violation of the City Code. The landlord shall pay a fine of $500 each day
that the landlord fails to take reasonable steps to evict the tenant as required by this
Section. If the landlord takes reasonable steps to evict the tenant but is unable to evict
due to the landlord's failure to 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.
{1})alf a special use is, in the future, determined by the Director of Planning and Zoning,
to be adversely affecting the health or safety of persons residing or working in the
vicinity of the proposed use, to be detrimental to the public welfare or property or
improvements in the neighborhood, or to be not in compliance with other applicable
Code provisions, the special use approval may be modified or revoked by the City
Commission upon notification and public hearing.
(k) Any person desiring to commence the operations of a Pharmacy or MMRC (the
"Applicant") may apply to the City's Planning and Zoning Department for a
reservation ("Reservation"). The Planning and Zoning Department shall issue the
Reservation if the proposed use meets the spacing requirements of this Section. If
any other person applies for a Reservation, such Reservation shall be limited to a
location that is more than 1000 feet from a proposed use for which a Reservation
has been issued. A Reservation shall expire if a building_ permit is not issued
within 120 days from the date that the Reservation was issued, unless the
Applicant demonstrates to the Planning and Zoning Department that the Applicant
31
Page 5 of 9
Ordinance No. 41-19-2354
has been diligently engaged in the process of applying for a building_ permit and
the Planning and Zoning Department extends the expiration date. However, in no
event shall the Reservation be extended beyond 365 days from the date of
issuance unless the City Commission extends the Reservation for good cause. In
the event that the Applicant is denied an extension of time or a building,permit, or
denied any relief needed to obtain a building permit, and if the Applicant fails to
take a timely appeal from such denial, the Reservation shall immediately expire
on the date that the time for appeal expires. The Applicant shall have the right to
appeal the denial of an extension of time. Such an appeal must be taken within
the same time, in the same manner and to the same appellate body as an appeal
from a decision of the Environmental Review and Preservation Board.
Section 4-. South Miami Land Development Code Article VII, "Hometown District
Overlay Ordinance", Section 20-7.12 "Permitted and special uses, Special Exceptions, and
parking requirements" is hereby amended to read as follows:
20-7.12 - Permitted and special uses and parking requirements.
The uses below are applicable to both new and existing buildings in the Hometown
District:. Unless marked with an asterisk, all uses are permitted by right.
USE TYPE: Unadjusted Parking Requirements:
I parking space required per:
A. Storefront Uses
Drinking Place 100 SF
Druirp P1-- —imsyeF Sundry Store Not selling prescription drugs 300 SF
Pharmacies and Medical Mariivana Retail Centers*** 200 SF
* Uses marked with an asterisk require a special use permit with city commission approval
pursuant to 20-3.3(D) and 20-3.4(B).
efmitted of right in speeial prze appfaved &Fm (see Regulating Plan)-.
** plus 1 additional parking space required for every 10 units.
*** Uses require a special exception permit anoroved by the Citv Commission nursuant to
20-7.51.
In addition to the uses above, monumental civic building uses are encouraged in the
Hometown District and in particular for certain strategically located sites. Civic building
uses shall include, for example: City, county, state, or federal buildings, including library,
post office, meeting hall, administrative offices, performance place, police substation, and
32
Page 6 of 9
ordinance No. 41-19-2354
similar uses.
(D)--Planned Unit Developments shall not be permitted in the Hometown District.
Section 5. South Miami Land Development Code Article VII, "Hometown District
Overlay" is hereby amended by revising Section 20-7.51 (Special Exception) 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 Ceity Qpommission 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.
(2) The proposed development is compatible with the land uses and
development intensities prescribed by all applicable city regulations.
(3) The proposed development must possess integrity of design compatible
with the design criteria established for the Hometown District and with the
overall image of the City.
(4) The proposed development shall be designed in a manner that provides for
effective management of traffic (vehicular and pedestrian), parking,
lighting, noise and waste generated by the development, and management
of the impacts of the development on public facilities and services.
(5) The proposed development does not expand the permitted uses within the
Hometown District, except as herein provided.
(6) The proposed development will not have an unfavorable effect on the
economy of the City of South Miami.
(7) The proposed development. when considered cumulatively with other
development, both present and future, within the Hometown District, will
not create excessive overcrowding or concentration of people or
population.
(B) The Ceity Ceommission, in granting any special exception, may prescribe any
reasonable conditions, restrictions, and limitations it deems necessary or
desirable, in order to preserve and promote the intent of the Hometown District
Overlay Ordinance.
(C) Special exceptions, if granted, shall be valid only for the specific design shown
in the plans and exhibits submitted as part of the special exception application,
as provided in Section 20-7.52 of this Code. All deviations from the
requirements of the Hometown District Overlay Ordinance incorporated within
33
Page 7 of 9
Ordinance No. 41-19-2354
and reflected on the site plan and exhibits shall be considered a part of the
application. Approval of the site plan and exhibits by the Ceity Ceommission
shall constitute approval of the nonuse deviations identified on the site plan and
exhibits unless the Ceity Ceommission approves a motion to the contrary. No
further individual or separate application for deviations approved by the Ceity
Ceommission shall be required. If the applicant wishes to make material
changes to the design subsequent to receiving a special exception, the applicant
must apply for a new special exception following the procedure set forth herein.
(D) Special exceptions, if granted, shall be valid if, new construction commences
within eighteen (18) months from the date of final approval and is substantially
completed within two (2) years from the date of issuance of the first building
permit. The time for substantial completion may be extended by the Caity
Ceommission upon application filed prior to the expiration of the substantial
completion period and upon demonstration of good cause.
(E) Drug, Pharmacy or Sunda Stores selling prescription drugs (Pharmacies) and
Medical Marijuana Retail Centers (MMRCs) mid be permitted after public
hearing by Special Exception, upon satisfaction of the following criteria:
(1) The criteria in section 20-7.51(A).
(2) Pharmacies and MMRC shall meet the same distance requirements that are
set forth in 20-3.4 (24), other than for the distances between two of the same
uses, i. e. two Pharmacies or two MMRCs. Pharmacies shall not be located
within 500 feet of another Pharmacy, whether it is located in the City or in
another jurisdiction. MMRCs shall not be located within 500 feet of
another MMRC whether it is located in the City or in another jurisdiction.
This distance between two of the same uses shall be measured from nearest
property line to nearest,prol2erty line.
(3) Hours of operation of Pharmacies and MMRCs shall be limited to any such
requirements in State law. unless the Pharmacy engages in any of the
activities of an MMRC in which case the hours are as set forth in Section 20-
3.4(24).
(4) Pharmacies and MMRCs shall operate in accordance with all other
applicable State laws. including Florida Statutes Section 381.986. as may
be amended.
(5) Any person desiring to commence the operations of a Pharmacy or MMRC
(the "Applicant") may apply to the City's Planning and Zoning Department
for a reservation as set forth in Section 20-3.4(24)(k) with the exception that
the distance requirement between the same uses shall be 500 feet.
Section 6. 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.
34
Pam 8 of 9
Ordinance No. 41-19-2354
Section 7. 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 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. 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 10. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 3rd day of December , 2019.
ATTEST:
kw, -.4- aA z
City Ocrk
I" Reading —
2" d Reading —
APPROVED:
/-Mw/J4J--
Mayor
READ AND ROVED AS ' O FORil�1.: COMMISSION VOTE: 5—D
LAN E ALITY D Mayor Stoddard: Yea:
Ear 'C0 TH EREO • /') Vice Mayor 1-1arri s : Yea
f / Commissioner Gil: Yea
' r 4Commissioner Welsh: Yea
'� Commissioner Liebman: yea
�IJT t' J�;'YTORNE
35
Paac 9 of
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF IAMI-DADS:
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
Business Review f/k/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 - PLANNING AND ZONING
DEPARTMENT - JAN. 14, 2020
in the XXXX Court,
was published in said newspaper in the issues of
01 /03/2020
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 purpose of
securing this advertisement for publication in the said
GUILLERMO GARCIA personalty known to me
••;�•,�s BWBARATNOMAS
•:, Commission # GG 121171
Expires November 2, 2021
.v d,, g�;tided Ttvuifoy Fain tmurance &0p-3gC,7019
of s°UTH
• �xcoaroaaro •
1927
LDRtp
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
Planning and Zoning Department
6130 Sunset Ddve; South Miaml, Flcrtda 33143
Phone: (305)'663.632il; Fax 0: M 668-7335
On Tuesday, January 14, 2020 at 7;00 P.M.,Ahs City of South'M'ramrs
Planning Board will conduct public hearings in the ' City Comi
Chambers at the above address on the follawtrtg items::
1. PS-20-001
Applicant MMG Sunset, LLC ,
A Resolution relating to a special Exception application to,perrrtlt a
Medical Marijuana Retail Ceister (MARRC}'use 4iWW SunsetDi te.
2. PB-20-002
Applicant: City of South Miami =
An Ordlnance,amending the �f of South Mlimilund DeveloRnlent
Code, Chapter 20, Aiticlel p, Sectiatt 2Q-2,3, dcticfa'tf1; Sediwis 203.3,
20..4 and 2Q-&6 -of the G%oftrtlt 11Riacrti'sil8cii! OovetQpmectt
Code to add •Conununity tiatderi° as a now im lid tu,pr+avidslar
the regulation of such use.
All tnterested parties are urged to7attencL ,Any Interested pairscntt�;the
right to appear before't ie Plartfdng Baard'.for the pr±ese itatIl nj igdj ,
or detetmirtatImt of an Issue, request ar. cxznirave�y' V tln 4tie-jui�diciicrt
of tf 1e Board. owections or a# approval may be maft in person
at the heaft or filed in writing prior .to or at'ths hs�ig,
Board reserves the right to reaorrunesrdAD'the City Carirtmissicr'♦ what
the board considers In the, best interest.'for the; er>Ba iiiYolved; [me led
pies Ong Information , are aslaed to 661tla�Department `the Plartniri9 artd 7.onin9
above.by calling 36- cr:whfirtg, to -the address it>di:tes!
You are hereby advised that if any person Aesires=tb. any .dsr�siort
. „
made with respect to any matter c dnsidered�at this meetlq dr hearing,
such person will treed a record of the "
� and for sudt purpose
MY treed to ensure that a verbatim record of the proceedings ;ls: made,
which record includes the testimony and evidence upon which the appeal
Is to be based (F,S. 286.01M. Refer to hearing number when making arty
inquiry.
1/3 20-12/0000447SUM
36
waaiaaac3,r�rwaurartne.•�,.a,.�msurcnr :rzt.o�sun.c�sw�am.�aYg s a,y,ye,, a:u���. - - - - -�
vastyara.urx»rrr sarnlo':eaaysuras;+c++. arr.awm.c"iv,%V n+Ybuo 0. �� , 1Sr:rc S)ost 3tiCt5;ed.G.u's:�:s v3iN[il i0eL1[!:1',lV 3:rILM1l/7w7U.Y7nQ:
artnr7�aawslcuvoss�a+r»ws+intaair Atourz,:a.aanrx ,.
m,aasraomu vss .onmmsaw iaouras:! it loco Nossan«n> »orxusaw+sr+ x �TT�`JI�:LC$A?If1S
�s�vansarwcou,oraa, `` :ryauw,waceo+ oxaw.o ocr�:tattx�3 K t�
a vc2tamrf+toWSY amrYresow,wsyrkaascvc�rc :s 8 wan Kl/Q717Mtt.CilLWlxbYle=aAaty . tCl� L' }:lr?5 A'te LS_V i � 1. J �7 j T T
Woo.saaa,ew,cu4%=a-us f xs 3:s' ral.rr.na a�a �J , d V .1.
say. V vs-. VCQ:07d ^*'I.U=S
S9.62
NldAC,
— r�
w 11HLS O`mNn —
�a11L'Ra1 etQy 1.. =
�
s a
� R
1
sL
ma me i
• mu �
{j
�x
�--
e Al—
A
r
St
co
I
•.f J
ti
tou
`QA
�-- MCC �\
�Q
M1
--a
O
►— m
I
ci:
g 0 2�
12
LU
•n��
�x
F
} co
J
w co
oV
Z
z=
C
A
>
r zg
z
n
u
G
I- Du
Z
t�IJ
A L
ti
a
d
� NI+� L
e�i Q "
.�'•�F i
i n Sr •
kYy
�ti 2 a
z Z
„ ¢E
7RC.
�DLtLrr�
0.4
Z LL
«3�UUKC�
i4 44 a4 •C
LO N Q
r. LL N � Q
E'•
GQ iSd Y
t���Ll��.siiiiiiiiiiiiiiiiiiii'i'iiiiiiii
z
y
0
CO)
o U
� J
OD
V)
4P
MIAMI DAILY BUSINESS REVIEW
Pd*shed Daly e=W Satu f►, Sunday and
Miami, Miami -Dade Courty, Florida
STATE OF FLORIDA
COUNTY OF MIAI"ADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who an oath says that he or she Is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review fArla Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Miami -Dade County, Florlde; that the
attached copy of advertisement, being a Legal Advertisement
of Naffm in Hut mmwzL — _ ••-- -- --- - - - - — --
CITY OF SOUTH MIAMI - PUBLIC HEARINGS - FEB. 4, 2020
In the XXXX Court,
was published In said newspaper In the Issues of
01/24/2020
AtAant further says that the said Miami Daily Business
Review is a newspaper published at Miami, In said Mlaml-Dade
County, Florida and that the said newspaper has hereto€ore
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 atfrant further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, comn*alon or refund for the purpose of
securing this advertisement for publication In the said
newspaper.
S. subscribed before ma this
24 JANU , A.D. 2020
( FAL)
GUILLERMO GARCIA personally known to me
�,`.on& BA M ATHOMAS
_:�. ,, C>}m�dssiat # GG 12l171
Dplin �Z2021
13errded TMlitq Psis asttraaor I�0-�y6t9
SSE AT°i'P►CIiED
39
(t)
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, February 4, 2020, beginning at 7:00 Puri
in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
An Ordinance Adopting a Small -Scale Amendment to the Future land Use Map of the City of South Miami's
Comprehensive Plan, amending the designation of an approximately 2,60-acre property generally located
northwest of the intersection of SW 72nd Street and SW 67th Avenue, and as legally described herein, from
Religious to Duplex Residential.
An Ordinance amending the Official Zoning Map, amending the designation of an approximately 2.60- acre
property generally located northwest of the intersection of SW 72nd Street and SW 67th Avenue, as legally
described herein, from W Religious to'RT-9° Two-Family7Fownhouse Residential.
_AReaP)uti0➢_rgppmYinJ7_aryarianee a�prr,raa,to.reduca]hesoquired width ofa private roadwaylduva aialeen
an approximately 2.60-acre property generally located northwest of the intersection of SW 72nd Street and
SW 67th Avenue and as legally described here in.
The items above pertain to a portion of the property highlighted an the map below.
8 s Z
6 i F 4a h
riff 691N TER �• -' 1
t �
111 1111 RN
rw
r�
w>arr th
RT-6
WIN T`S r Ih
LO
M
w
PR
M
A Resolution of the Mayor and City Commissioners of the City of South Miami appointing Shwareh Karnali as City
Manager and approving her contract.
A Resolution relating to a Special Exception application to permit a Medical Marijuana Retail Center (MMRC) use
at 5850 Sunset Drive.
An Ordinance amending the City of South Miami Land 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'Com-
munity 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 (B); 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 further information, please contact the City Clerk's Office at: 305-663-6340.
Nkenga A. Payne, 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 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.
1/24 20-122/0000452586M
40
245E I NEIGHBORS �um�0
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, February 4, 2020, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
An Ordinance Adopting a Small -Scale Amendment to the Future Land Use Map of the City of South Miami's Comprehensive Plan, amending the designation
of an approximately 2.60-acre property generally located northwest of the intersection of SW 720d Street and SW 671" Avenue, and as legally described
herein, from Religious to Duplex Residential.
An Ordinance amending the Official Zoning Map, amending the designation of an approximately 2.60-acre property generally located northwest of the
intersection of SW 720d Street and SW 671h Avenue, as legally described herein, from "R" Religious to "RT-9" Two-Family/Townhouse Residential.
A Resolution approving a variance application to reduce the required width of a private roadway/drive aisle on an approximately 2.60-acre property generally
located northwest of the intersection of SW 7200 Street and SW 6711 Avenue and as legally described herein.
The items above pertain to a portion of the property highlighted on the map below.
Project Area
S:Y ODTN Tkk
P�
IIN p
ttK er 11: ? t w W oil" I i Off'
tN
Cos
t W 70T01 lt,
flla
RT-6 too
A Tn
�! SY/ ltST iN
17 � fR
i 8 fi LO
RS-2
,", 11« PR
A Resolution of the Mayor and City Commissioners of the City of South Miami appointing Sharareh Karnali as City Manager and approving her contract.
A Resolution relating to a Special Exception application to permit a Medical Marijuana Retail Center (MMRC) use at 5850 Sunset Drive.
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article 11, 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 Code: Section 20-2.3 Definitions, Section 20-3.1 Zoning use districts and
purposes (A) and (B); 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 further information, please contact the City Clerk's Office at: 305-663-6340.
Nkenga A. Payne, 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 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.
41