Item Coversheet

Committee Assignments - C4  Z




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Raul J. Aguila, City Attorney 
DATE:February  12, 2020
 



SUBJECT:

REFERRAL TO THE PLANNING BOARD – ORDINANCE AMENDMENT PERTAINING TO THE RELOCATION OF NON-CONFORMING PHARMACIES AND MEDICAL CANNABIS TREATMENT CENTERS WITHIN THE SAME BUILDING.

 


BACKGROUND/HISTORY

Pursuant to the request of Commissioner Mark Samuelian, the attached Ordinance has been placed on the February 12, 2020 City Commission meeting agenda as a referral to the Planning Board.

 

ANALYSIS

The Ordinance amends Chapter 118 of the City Code, entitled "Administration and Review Procedures," by amending Article IX, entitled "Nonconformances," to permit a nonconforming pharmacy store or nonconforming medical cannabis treatment center to relocate within the same building that it is currently located in, provided that the relocated pharmacy store or medical cannabis treatment center is no larger than 2,000 square feet.

 

Pursuant to Section 381.986(11)(b)(2), Florida Statutes, “a . . . municipality may not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies licensed under chapter 465." Accordingly, the proposed amendments must apply to nonconforming medical cannabis treatment centers in a manner that is no more restrictive than the manner in which the amendments apply to nonconforming pharmacy stores.

 

The Ordinance also provides that a nonconforming pharmacy store or medical cannabis treatment center that is relocated pursuant to this Ordinance shall be exempt from the minimum distance separation requirements set forth in City Code Section 142-1502(b)(4) and (5).

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Office of the City Attorney/Planning
Sponsor
Commissioner Mark Samuelian

ATTACHMENTS:
Description
Referral Ordinance