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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 2
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: June 21, 2021
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| | | | | | | | | TITLE: | DISCUSS A PROPOSAL BY CARE RESOURCE TO ALLOW A NON-PROFIT PHARMACY WITHIN AN EXISTING OFFICE BUILDING |
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| | | | | | | | HISTORY:
| HISTORY
On April 21, 2021, at the request of Commissioner Michael Gongora, the City Commission referred a discussion item to the Land Use and Sustainability Committee (LUSC) pertaining to a proposal by Care Resource for a non-profit pharmacy within an existing office building (C4M). On May 26, 2021 the LUSC discussed the proposal and continued the item to the June 21, 2021 meeting with direction for the City Administration and City Attorney to work with Care Resource to prepare a draft ordinance.
BACKGROUND
Under Chapter 142, Article 5, Division 10 of LDR’s, pertaining to “Controlled Substances Regulations and Use”, pharmacies and medical cannabis dispensaries are limited to certain, defined areas of the City. The regulations set forth in the City LDR’s were adopted in response to State law regulating medical cannabis dispensaries.
Specifically, 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, City regulations governing medical cannabis treatment centers cannot be more restrictive than the regulations pertaining to pharmacy stores. |
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| | | | | | | | ANALYSIS:
| PLANNING ANALYSIS
Care Resource is a non-profit health agency that provides a number of health services for the entire Miami Beach community. Care Resource is seeking to add an in-house pharmacy for its patients within its current location at 1680 Michigan Avenue. However, this location is not within an area of the City that permits pharmacy uses.
Attached is a resolution adopted by the Flamingo Park Neighborhood Association (FPNA) supporting a legislative change to allow Care Resource to have an in-house pharmacy. Care Resource has indicated that it is seeking additional support from adjacent business and neighborhood associations.
In order for Care Resource to accommodate an in-house pharmacy at its current location, Chapter 142, Article 5, Division 10 of LDR’s, pertaining to “Controlled Substances Regulations and Use”, would need to be amended to create a new district for both pharmacies and medical cannabis dispensaries. Care Resource, and their representatives, have committed to drafting such legislation, and providing the narrowest area of applicability under State Law. Generally, this would likely be an area bounded by 17th Street to the north, Lincoln Lane North to the south, Michigan Avenue on the east and Lenox Avenue on the west.
At the time of the writing of this report, the City Attorney’s office has reviewed a draft Ordinance prepared by CARE Resource. Some additional modifications are still needed to be consistent with State law. The Administration and the City Attorney will update the LUSC on the progress of the draft Ordinance at the meeting.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the LUSC discuss the item. If a draft Ordinance is completed and reviewed by the LUSC, it is further recommended that the Ordinance be transmitted to the City Commission for referral to the Planning Board. |
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| | | | | | | | Applicable Area
| | South Beach |
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| | | | | | | | | 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 | |
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