Item Coversheet

Ordinances - R5  M




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:February  13, 2019
 

5:01 p.m. Second Reading Public Hearing

SUBJECT:

MEDICAL CANNABIS TREATMENT CENTERS AND PHARMACY STORE AMENDED LAND USE REGULATIONS FOR DISTANCE SEPARATION FROM SCHOOLS

LAND USE AND DEVELOPMENT COMMITTEE VERSION

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE V, ENTITLED, "SPECIALIZED USE REGULATIONS," DIVISION 10, ENTITLED CONTROLLED SUBSTANCES REGULATIONS AND USE," TO: (1) PROVIDE FOR A METHOD OF CALCULATION FOR DISTANCE SEPARATION REQUIREMENTS BETWEEN MEDICAL CANNABIS TREATMENT CENTERS AND PRIVATE OR PUBLIC ELEMENTARY, MIDDLE OR SECONDARY SCHOOLS; AND (2) CREATE A DISTANCE SEPARATION REQUIREMENT BETWEEN MEDICAL CANNABIS TREATMENT CENTERS AND BETWEEN PHARMACIES; AMENDING CHAPTER 130 OF THE CITY CODE, ENTITLED "OFF-STREET PARKING," ARTICLE VI, ENTITLED "PARKING CREDIT SYSTEM," SECTION 130-161, ENTITLED "REGULATIONS," TO CLARIFY PARKING REQUIREMENTS FOR SUCH USES AND PRECLUDE USE OF THE PARKING CREDIT SYSTEM; AMENDING SECTION 142-1502 OF THE CITY CODE ENTITLED "ZONING DISTRICTS ALLOWING MEDICAL CANNABIS TREATMENT CENTERS, PHARMACY STORES, AND RELATED USES, PROHIBITED LOCATIONS, AND NONCONFORMING USES," TO CORRECT THE ZONING DESIGNATION FROM "TC-1" "TC-2" AND "TC-3(C)" TO "TC-1" AND "TC-C" FOR A MAJORITY OF THE BOUNDARY OF AREA 4, DUE TO THE ADOPTION OF THE "NORTH BEACH TOWN CENTER - CENTER CORE" REGULATIONS PURSUANT TO ORDINANCE NO. 2018-4224; AND TO CORRECT A SCRIVENER'S ERROR TO REPLACE HARDING AVENUE WITH BONITA AVENUE, AS THE WESTERN BOUNDARY OF AREA 4; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.

RECOMMENDATION

The Administration recommends that the City Commission adopt the subject Ordinance.

ANALYSIS

HISTORY

On November 14, 2018, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the discussion item to the Land Use and Development Committee (LUDC) (Item C4N).  Additionally, the Quality Education Committee (QEC) requested that the Planning Department provide a presentation, in an effort to further understand the approved Ordinance and the Planning Board recommendations.

 

On November 27, 2018, the QEC discussed the item and made recommendations for consideration by the Mayor and City Commission.  Specifically, the QEC recommended that the Mayor and Commission consider the following in regards to medical marijuana dispensaries in Miami Beach:

 

1.     Keep the same distance separation between medical marijuana dispensaries as the distance in feet already in place for night clubs and adult entertainment establishments.

 

2.     Keep with State distance minimum requirements of 500 feet property line to property line from schools.

 

3.     Not restrict distance requirement to schools only, but rather where legitimate youth programs are run out of like Jewish Community Center (JCC), Parks and Recreation programs, etc.

 

On November 28, 2018, the LUDC discussed the item, including the recommendations from the QEC, and recommended that the regulations for Medical Cannabis Treatment Centers and Pharmacy Stores be approved with the following additional recommendations:

 

1.     The distance separation requirements be measured from the entrance and exit points, and a separate notice to the affected school be provided.

 

2.     A distance separation requirement between facilities be established and that the City Attorney’s office continue to review the feasibility of including this.

 

3.     If a distance waiver is to be considered in the future, the City Commission would be the entity to review any waivers, and waivers would only be potentially allowed provided the facility is not located on ground floor.

 

BACKGROUND

On September 25, 2017, the City Commission adopted Ordinance No. 2017-4133, which established specific regulations for medical cannabis treatment centers (dispensaries) and pharmacy stores.  The effective date of the Ordinance was 90 days following adoption, on December 25, 2017.

 

The existing ordinance contains a minimum distance separation requirement of 500 feet between dispensaries and schools, but does not provide a method for determining compliance with this distance separation requirement. As such, the City has used the State mandated distance separation requirement, which is measured from property line to property line.  Additionally, although permitted under state law, the City ordinance does not contain a process to waive or vary the minimum distance separation requirement of 500 feet.

 

The adopted Ordinance also contains a provision for the Planning Board to review the Ordinance and its effectiveness 12 months after adoption.  On October 23, 2018, the Planning Board reviewed the ordinance pertaining to medical cannabis treatment centers and pharmacy stores. As part of the review of the ordinance, the Planning Board took testimony from representatives of two separate dispensary operators regarding the distance separation requirements from schools.  In order to address the distance separation issues, the Planning Board recommended that the City Commission consider the following amendments to the ordinance:

 

1.     Establish a clear method for compliance with the required 500 foot distance separation from a public or private school. The Planning Board recommended that a formal method for determining distance separation be included in a revised ordinance. Additionally, the Board recommended that the methodology for determining distance separation be the same as that which currently applies to alcoholic beverage establishments, which is as follows:

 

For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the main entrance or exit in which the use associated with alcohol beverages occurs to the nearest point of the property used for a public or private school.

 

2.     Introduce a process, with specific criteria, to allow for a reduction of the minimum distance separation requirements from schools. The Planning Board recommended that they be the body to review and approve requests for reductions in this minimum distance separation requirement. 

 

PLANNING ANALYSIS

Two separate versions of the proposed ordinance, a Planning Board version and a Land Use and Development Committee (LUDC) version, were proposed at First Reading. The following is a summary of each version of the proposed legislation presented at First Reading:

 

LUDC Version:

 

1.     Minor clarification changes and scrivener modifications pertaining to parking credits, the newly established TCC district in North Beach and ordinance terminology.

 

2.     A better defined methodology for distance separation measurement is proposed, which mirrors the distance separation methodology used for alcoholic beverage establishment. Specifically, the minimum distance separation requirement shall be determined by measuring a straight line from the entrance and exit of the medical cannabis treatment center dispensing facilities to the nearest point of the property line of the school.

 

3.     A minimum distance separation of 300 feet between medical cannabis treatment center dispensing facilities is proposed. This minimum distance separation requirement will also apply between pharmacy stores.  The methodology for this particular distance separation requirement would be determined by measuring a straight line from the entrance and exit of each business.

 

Planning Board Version:

 

1.     Minor clarification changes and scrivener modifications pertaining to parking credits, the newly established TCC district in North Beach and ordinance terminology.

 

2.     A better defined methodology for distance separation measurement is proposed, which mirrors the distance separation methodology used for alcoholic beverage establishment. Specifically, the minimum distance separation requirement shall be determined by measuring a straight line from the entrance and exit of the medical cannabis treatment center dispensing facilities to the nearest point of the property line of the school.

 

3.     A minimum distance separation of 300 feet between medical cannabis treatment center dispensing facilities is proposed. This minimum distance separation requirement will also apply between pharmacy stores.  The methodology for this particular distance separation requirement would be determined by measuring a straight line from the entrance and exit of each business.

 

4.     A waiver provision for the minimum distance separation requirements from schools. The Planning Board further recommended that such waiver be considered after public hearing by the Planning Board, and that the Board make a determination that the location with a reduced distance separation requirement promotes the public health, safety, and general welfare of the community.

 

PLANNING BOARD REVIEW

On December 18, 2018, the Planning Board held a public hearing regarding the proposed LDR Amendment and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0).  The Planning Board also recommended the aforementioned modification, pertaining to the inclusion of a minimum distance waiver process from schools, be included.

 

SUMMARY/ UPDATE
On January 16, 2019, the City Commission discussed both the LUDC and Planning Board versions of the Ordinance and approved the LUDC version at First Reading. The LUDC version of the ordinance (attached) is now the only version before the City Commission and is recommended for adoption.

Additionally, the City Commission directed the Administration and the City Attorney’s Office to include an exceptions provision to the 300 foot minimum distance separation requirement between dispensaries. In the regard, text has been added to the Ordinance to exempt any applicant from the 300 foot distance separation requirement between medical cannabis and pharmacy uses, provided a valid building permit processing number for a medical cannabis treatment center or pharmacy was obtained on or prior to January 16, 2019.

 

Based upon research of building permit process numbers issued on or before January 16, 2019, the following entities would be eligible for an exemption if included in the ordinance:

1. 1011 5th Street.

2. 1428 Alton Road (Medmen).

3. 300 Arthur Godfrey Road. Note: Currently this entity does not have an issue with distance separation from another dispensary, but is closer than 500 feet to an existing school. The exemption proposed in the ordinance is only applicable to distance separation from another dispensary, and NOT distance separation from a school.

For information purposes, the following is a summary of dispensaries that are in approved status, as well as locations that have made inquiries regarding dispensary requirements:

Locations with approved and operational Medical Cannabis Dispensaries:

• 1523 Alton Road – Surterra Wellness Center.

Locations with approved building permits for Medical Cannabis Dispensaries:

• 1439 Alton Road

Locations that have requested zoning letters pertaining to Medical Cannabis Dispensaries:
• 500 Collins Avenue.
• 1510 Alton Road.
• 7426 Collins Avenue.
• 864 Commerce Street. Note: This request was cancelled prior to the letter being prepared and was never issued.

CONCLUSION

The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning/Office of the City Attorney
Sponsor
Commissioner John Elizabeth Aleman

ATTACHMENTS:
Description
Ordinance
Ad