18Agenda Item No:18.
City Commission Agenda Item Report
Meeting Date: January 7, 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
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
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-throughsfor 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 fiveto oneto recommend
approval of the proposed ordinance.
RECOMMENDATION:
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Separation Requirement Variance Amendment
January 7, 2020
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It is recommended that the Commission consider the proposed amendment.
Attachments:
Draft Ordinance
Excerpt of Planning Board meeting minutes
Legal ads
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Ordinance No. _____________1
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An Ordinance amending the Land Development Code, Article III, Section 20-3.43
“Special Use Conditions “, Article V, Section 20-5.9 “Variance Approvals”, and 4
Article VII, Section 20-7.51 “Special exception” concerning Medical Marijuana and5
Pharmacy, Drug and Sundry store uses.6
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WHEREAS, the City of South Miami regulates development within its boundaries through 8
its Land Development Code; and9
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WHEREAS, the State of Florida has enacted legislation providing for the growing, 11
processing, and distributing of specific forms of low-THC cannabis to qualified patients and their 12
legal representatives for the treatment of listed medical conditions, which is codified as Section 13
381.986, Florida Statutes; and14
15
WHEREAS, the State has also passed a Constitutional amendment to expand the use of 16
medical marijuana for persons suffering from certain debilitating conditions, see Fla. Const. 17
Article X, Sec. 29; and18
19
WHEREAS, the State of Florida enacted additional legislation in 2017 to clarify 20
regulations related to Medical Marijuana Treatment Centers and to persons such as physicians 21
and caregivers authorized to perform certain tasks related to medical marijuana care. See 22
Section 381.986; and23
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WHEREAS, the 2017 legislation requires that Medical Marijuana Treatment Centers 25
and Pharmacies be treated similarly with regard to restrictions on their location, unless the 26
location restriction was enacted by ordinance prior to the 2017 amendment to Section 381.986; 27
and28
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WHEREAS, the activities allowed by said legislation remain illegal under federal law;30
and31
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WHEREAS, the City Commission has determined that it is in the best interests of the 33
residents and general public for the City to regulate the location of medical marijuana centers; 34
and desires to adopt this Ordinance to accomplish the above objectives and to allow Medical 35
Marijuana Centers in the same Districts as pharmacies; and36
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WHEREAS, the City Commission recognizes that State law requires that Medical 38
Marijuana Center dispensing facilities be regulated as to location in the same manner as 39
pharmacies; and 40
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WHEREAS, the City Commission has the responsibility and authority to determine what 42
uses are best suited to particular zoning categories within the City; and43
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WHEREAS, on December 10, 2019, the Planning Board held a public hearing on the 45
ordinance and voted five to one to recommend approval of the ordinance. 46
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 2
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:3
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Section 1.The foregoing recitals are hereby ratified and incorporated by reference as if 5
fully set forth herein and as the legislative intent of this Ordinance. 6
Section 2. South Miami Land Development Code Article III, “Zoning Regulations”, 7
Section 20—3.4, “Special Use Conditions” is hereby amended to read as follows:8
* * *9
(24) MEDICAL MARIJUANA RETAIL CENTER (MMRC) AND DRUG, 10
PHARMACY OR SUNDRY STORES SELLING PRESCRIPTION DRUGS. The 11
following requirements shall be applicable to all Medical Marijuana Retail Centers 12
(MMRC), and Drug, Pharmacy or Sundry Stores selling prescription drugs 13
(Pharmacies) allowed as a special use:14
All distances shall be measured by drawing a straight line between the closest point of a 15
building housing the MMRC or Pharmacy to the closest property line of the RS zoning 16
district, school, day care facility, or park, or another business with the same use that is 17
controlled by this Section (i.e., the separation between two another MMRCs or two18
Pharmacies). Applicants seeking reductions in the required spacing may seek relief in 19
accordance with the standards in Section 20-5.9 (Variance Approvals).20
(e) Vehicular traffic. The MMRC or Pharmacy shall ensure that there is no queuing of 21
vehicles in the rights-of-way. No MMRC or Pharmacy shall have a drive-through or 22
drive-in service aisle or a walk-up service window for doing business to the outside of 23
the space housing the MMRC or Pharmacy; a variance may be requested for drive-24
through and/or drive-in service for a Pharmacy use in accordance with the standards in 25
Section 20-5.9 (Variance Approvals).26
* * *27
Section 3. South Miami Land Development Code Article V, "Procedures and 28
Applications", Section 20-5.9(D), "Variance Approvals" is hereby amended to read as 29
follows:30
20-5.9 - Variance Aapprovals.31
* * *32
(G) Permitted Variance Requests. Applications for variances shall be restricted to 33
only the following:34
(1) Yard setbacks35
(2) Lot size36
(3) Lot coverage37
(4) Building height38
(5) Fences and walls39
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Page 3 of 4
(6) Impervious coverage1
(7) Off-street parking2
(8) Open space3
(9) Signs4
(10) Landscaping5
(11) Spacing requirements for Medical Marijuana Retail Centers, and 6
requirements for spacing, drive-in/drive-through, and hours of operation for 7
Pharmacies.8
9
* * *10
Section 4. South Miami Land Development Code Article VIII, “Hometown District11
Overlay Ordinance, Section 20-7.51 “Special exception” is hereby amended to read as follows:12
13
20-7.51 - Special exception.14
(A)The city commission may, by special exception, waive strict compliance with the 15
provisions of the Hometown District Overlay Ordinance [this article]. In granting a 16
special exception, the city commission must find by substantial competent evidence 17
that:(1)The proposed development contributes to, promotes and encourages the 18
improvement of the Hometown District and catalyzes other development as envisioned in 19
the Hometown District regulations.20
21
* * *22
(E) 23
24
* * *25
26
(6) Property owners seeking reduction in required spacing under this subsection may 27
seek relief in accordance with the standards in Section 20-5.9 (Variance Approvals).28
Section 5. Correction. Conforming language or technical scrivener-type corrections may 29
be made by the City Attorney for any conforming amendments to be incorporated into the final 30
product for signature.31
Section 6. Codification. The provisions of this ordinance shall become and be made part 32
of the Land Development Code of the City of South Miami as amended.33
Section 7. Ordinances in Conflict. All ordinances or parts of ordinances and all sections 34
and parts of sections of ordinances in direct conflict herewith are herebyrepealed.35
Section 8. Severability. If any section, clause, sentence, or phrase of this ordinance is 36
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 37
shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted38
hereunder.39
Section 9. Effective Date. This ordinance shall become effective upon enactment.40
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PASSED AND ENACTED this _____ day of ____________, 2020.4
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ATTEST:APPROVED:7
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___________________ ___________________10
City Clerk Mayor11
1st Reading –12
2nd Reading –13
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READ AND APPROVED AS TO FORM: COMMISSION VOTE:16
LANGUAGE, LEGALITY AND Mayor Stoddard:17
EXECUTION THEREOF Vice Mayor Harris:18
Commissioner Gil:19
Commissioner Welsh:20
__________________________ Commissioner Liebman:21
CITY ATTORNEY22
23
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