City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
|TO: Land Use and Sustainability Committee|
|FROM: Alina T. Hudak, City Manager|
|DATE: July 7, 2022|
|TITLE:||DISCUSS CREATING MINIMUM DISTANCE REQUIREMENTS FOR VITAMIN SHOPS UNDER SECTION 142-335 OF THE CITY CODE, AND IN ANY ADDITIONAL SECTION THAT MAY BE APPROPRIATE, TO PROTECT THE INTENDED MAIN USE OF THE RESPECTIVE ZONING DISTRICT|
On March 9, 2022, the City Commission referred the subject discussion item to the Land Use and Sustainability Committee (C4E). The sponsor of the item is Commissioner Alex Fernandez.
On May 13, 2022 the LUSC discussed the proposal and continued the item to the July 7, 2022, meeting with direction to the Administration to bring back a draft Ordinance for review and consideration.
Recently, two stores opened on the 600 block of Lincoln Road that sell cannabidiol (CBD) and tetrahydrocannabinol (THC) products. As noted in the attached referral memo, the item sponsor would like for the Land Use and Sustainability Committee (LUSC) to discuss creating minimum distance requirements for vitamin shops under Section 142-335 of the City Code, and in any additional section that may be appropriate, to protect the intended main use of the respective zoning district.
In 2019, the Florida Legislature established Section 581.217, Florida Statutes which created the State Hemp Program; this Program provides that Hemp is not a controlled substance. The statute defines Hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.” While hemp is associated with cannabis, because the tetrahydrocannabinol (THC) is below 0.3 percent, it does not have the same psychoactive effect typically associated with cannabis.
Since the creation of the State Hemp Program, there has been a significant rise in the number of retail stores selling hemp derived products, including CBD oils and smoking products. The association these products have with marijuana has had a negative impact on many of the City’s neighborhoods. This potentially makes these areas undesirable for other types of businesses and to residents and tourists.
Because Hemp is not a controlled substance, it can only be regulated as dietary supplement or vitamin. Therefore, to address the concerns related to a proliferation of such stores, the attached Ordinance amendment has been be drafted and includes the following provisions:
1. Amend section 114-1 of the Land Development Regulations (LDR’s) to create a definition for “vitamin shop” as follows:
Vitamin shop means any commercial establishment where the primary use is selling one or more of the following products: health supplements, including vitamins, nutritional supplements, dietary supplements, consumable hemp products, or performance enhancers.”
2. Establish Division 12, to be entitled “Vitamin Shops” under Chapter 142, Article V, of the LDR’s entitled “Specialized Use Regulations,” as follows:
a. Create regulations for vitamin shops where they are the primary use.
b. Establish a minimum distance separation requirement of 1,200 feet between vitamin shops.
c. Establish a minimum distance separation requirement of 500 feet between vitamin shops and schools.
d. Create standards for determining distance separation requirements.
e. Create regulations where vitamin shops are an accessory use to another type of commercial establishment. In such a situation, the vitamin shop goods would need to occupy less than 50 percent of the establishment’s floor area. Where the vitamin shop is an accessory use, the establishment would not be subject to the distance separation requirements; however, it would be subject to the following additional requirements:
i. Exterior signage would be prohibited related to the vitamin shop use and related products.
ii. Vitamin shop merchandise must not be visible from public rights-of-way.
3. Amend section 142-335 (b) of the LDR’s, pertaining to prohibited uses in the CD-3 district fronting Lincoln Road between Alton Road and Collins Avenue, to add “vitamin shops” to the list of prohibited uses.
If the subject Ordinance moves forward, a separate amendment to section 102-379 of the City Code will be required, in order to establish a vitamin shop business tax receipt (BTR) category.
|The Administration recommends that the Land Use and Sustainability Committee endorse the subject Ordinance and recommend that the City Commission refer the proposal to the Planning Board.|
|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|| |