ALTON ROAD HISTORIC OVERLAY SETBACK AND PHARMACY REQUIREMENTS – GOVERNMENTAL AND INSTITUTIONAL USE MODIFICATIONS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7, "ZONING DISTRICTS AND REGULATIONS," ARTICLE 2, "DISTRICT REGULATIONS, "DIVISION 11, "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 7.2.11.8, "ALTON ROAD - HISTORIC DISTRICT BUFFER OVERLAY (CD-2)," BY AMENDING SECTION 7.2.11.8(C), "DEVELOPMENT REGULATIONS (ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY CD-2)" TO EXEMPT GOVERNMENTAL AND INSTITUTIONAL USES SOUTH OF 7TH STREET FROM CERTAIN SETBACK REQUIREMENTS; AND BY AMENDING ARTICLE 5, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5, "SPECIALIZED USE REGULATIONS," SECTION 7.5.5.8, "CONTROLLED SUBSTANCES REGULATIONS AND USE," TO PROVIDE REGULATIONS FOR ACCESSORY PHARMACY USES ON PROPERTIES ZONED "CIVIC GOVERNMENT USE" (GU) CONTAINING SOLELY GOVERNMENTAL AND/OR INSTITUTIONAL USES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

At the request of the developer of the Alton Gateway project, the attached amendment to the Land Development Regulations of the City Code (LDRs) has been proposed, to accommodate the construction of a new community health center and library facility on the east side of Alton Road, at the southeast corner of 7th Street (663 Alton Road). The following is a summary of the proposed amendments:

Sec. 7.2.11.8: ALTON ROAD - HISTORIC DISTRICT BUFFER OVERLAY (CD-2)
1. Currently there is a minimum setback requirement of five (5) feet along the front and street sides of properties located in the overlay. The proposal would remove the front and side street setback regulations of this section for properties located south of 7th Street that contain solely governmental and/or institutional uses, and do not exceed a maximum building height of 30 feet.

Sec. 7.5.5.8: CONTROLLED SUBSTANCES REGULATIONS AND USE
1. Currently, medical cannabis treatment centers and pharmacy stores are prohibited uses on all GU sites. The proposal would create an exception and allow medical cannabis treatment centers or pharmacies to be operated as accessory uses to a healthcare clinic or similar use on properties zoned GU, provided the building contains solely governmental and/or institutional uses and is located south of 7th Street.

2. Currently medical cannabis treatment centers and pharmacies have a minimum distance separation of 1,200 feet from the same use. The proposal would allow medical cannabis treatment centers and pharmacies to forgo this minimum distance separation requirement, provided they are operated as accessory uses to a healthcare clinic or similar uses on properties containing solely governmental and/or institutional uses and located south of 7th Street.

3. Currently, a glass barrier is required to be installed around the area holding prescription pharmaceuticals or medical cannabis, to separate and secure these areas from the general public. The proposal would remove the requirement for a glass barrier wall for medical cannabis treatment centers or pharmacies that are operated as accessory uses to health care clinics or similar uses on properties containing solely governmental and/or institutional uses, provided the security plan demonstrates that adequate measures will be in place to exclude the general public from these storage areas.

The Administration is supportive of the proposed amendments as they are limited in scope and necessary to accommodate the needs of the proposed new location for the community health center. In particular, the setback relief would allow for a lower-scale building which minimizes potential impacts on the adjacent community.

PLANNING BOARD REVIEW
On May 23, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0).

UPDATE
The subject ordinance was approved at First Reading on June 28, 2023, with no changes. On July 26, 2023 the item was continued to a date certain of September 13, 2023, due to the length of the agenda. On September 13, 2023, the item was continued to the September 27, 2023 City Commission meeting, with no discussion, at the request of the sponsor.

On September 27, 2023, the item was continued to the January 31, 2024 City Commission meeting, with no discussion.

BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and published on the City's website on January 11, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.

LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsor as it relates to the subject ordinance amendment:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? Yes

2. If so, specify name of lobbyist(s) and principal(s): Bercow and Radell Law Firm.