| | | | | | | |  | Committee Assignments - C4 N
COMMISSION MEMORANDUM |
| | | |
| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | July 28, 2021 | | | |
| | SUBJECT: | REFERRAL TO THE PLANNING BOARD - NEW OVERLAY - MEDICAL CANNABIS TREATMENT CENTERS AND PHARMACY STORES. |
| | | |
| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission refer the attached draft Ordinance to the Planning Board. |
| | | |
| | | | | | | | BACKGROUND/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 to the City Administration and City Attorney to work with Care Resource to prepare a draft Ordinance.
On June 21, 2021 the LUSC reviewed a draft Ordinance prepared by representatives for Care Resource and recommended that the City Commission refer the proposal to the Planning Board. Additionally, the LUSC recommended that minor modifications pertaining to distance separation requirements for like uses be included in the draft Ordinance for referral to the Planning Board. |
| | | |
| | | | | | | | ANALYSIS
| BACKGROUND
Under Chapter 142, Article 5, Division 10 of the Land Development Regulations (LDR’s) of the City Code, pertaining to “Controlled Substances Regulations and Use”, pharmacies and medical cannabis treatment centers 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.
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.
In order for Care Resource to accommodate an in-house pharmacy at its current location, the attached Ordinance has been drafted, which amends Chapter 142, Article 5, Division 10 of LDR’s, pertaining to “Controlled Substances Regulations and Use”, to create a new district for both pharmacies and medical cannabis dispensaries. Specifically, a new sub-area (Area 5) for medical cannabis and pharmacy uses, is proposed and includes lots zoned CD-3 south of 17th Street, generally located between Michigan Avenue on the east, 17th Street on the north, Lenox Avenue on the west, and the north lot line of City parking lot number P25. Within this new sub-area, the following would apply:
• Only medical cannabis treatment centers or pharmacy stores that are accessory to a medical office, clinic, or health center, shall be permitted in Area 5. The hours of operation of the pharmacy store or medical cannabis treatment center shall match the hours of the principal medical office, clinic, or health center, but in no event shall an accessory pharmacy store or medical cannabis treatment center operate past 7:00 PM. As used in the subsection, the term “medical office, clinic, or health center” requires a minimum of two (2) full-time physicians or physician extenders (physician’s assistants or nurse practitioners), and a minimum of five (5) patient examination rooms.
• The building in which the medical cannabis treatment center or pharmacy store is located shall be an existing office building that is a minimum of 25,000 square feet in size on of the effective date of this ordinance.
• A medical cannabis treatment center or pharmacy store shall not be located on the ground floor.
• The area dedicated for use as a pharmacy store or medical cannabis treatment center shall not exceed 1000 square feet. For the purpose of calculating the area of the accessory pharmacy store or medical cannabis treatment center, only the portion of the building that is being used as a pharmacy store or medical cannabis treatment center shall be considered, and the portion of the building that serves as the principal medical office, clinic, or health center shall not be considered in the maximum area calculation.
• Accessory pharmacy stores and medical cannabis treatment centers in Area 5 are exempt from the wall separation requirement of Section 142-1503(e).
• Pharmacy stores in Area 5 are prohibited from distributing cannabis or cannabis products.
• Exterior signage is prohibited for pharmacy stores located in Area 5.
• No pharmacy store in Area 5 shall be located within 600 feet of another pharmacy store and no medical cannabis treatment center in Area 5 shall be located within 600 feet of another medical cannabis treatment center.
• There shall be no variances from the requirements of this section.
In general, the Administration has no objections to the proposed Ordinance amendment, as it is very limited in scope. However, although the proposed Ordinance is limited in applicability, it is important to point out that a medical cannabis treatment center would be eligible to be located within the proposed new boundaries (Area 5) and would not be required to be a stand-alone use.
|
| | | |
| | | | | | | | SUPPORTING SURVEY DATA
| | Resident Quality of Life |
| | | |
| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission refer the attached draft Ordinance to the Planning Board. |
| | | |
| | | | | | | | Applicable Area
| | South Beach |
| | | |
| | | | | | | | | 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
Planning |
| | | |
| | | | | | | | Sponsor
Commissioner Michael Gongora |
| | | |
|