Item Coversheet

CITY OF OAKLAND PARK, FLORIDA
PLANNING AND ZONING ADVISORY BOARD AGENDA ITEM REPORT

A
GENDA ITEM NO. 5.

MEETING DATE: 7/17/2023
PREPARED BY: Lauren Pruss, AICP
Assistant Director of Community and Economic Development

Peter Schwarz, AICP
Director of Community and Economic Development
DEPARTMENT HEAD APPROVAL:  CED for Planning and Zoning Board
SUBJECT:

Case #CD23-15T “Prohibition of Medical Marijuana Text Amendment”
A public hearing before the Oakland Park Planning and Zoning Board to consider a proposed Ordinance to amend the City’s Land Development Code, Chapter 24, Article III, District Regulations, by specifically amending Section 24-41, entitled “Master Business List” and Section 24-266 entitled “Downtown Development District (OP3D) Use List” to prohibit the use “Medical marijuana treatment center or dispensing facility.”

1.BACKGROUND/HISTORY
    
 Issue Statement: On October 18, 2017, the City Commission adopted an ordinance amending the Master Business List of the City’s Land Development Code to permit medical marijuana treatment center or dispensing facility" as a conditional use in certain zoning districts. The Ordinance as adopted also included a distance separation requirement from schools and daycare facilities, and definitions for "medical cannabis treatment center or dispensing facility."

Since the adoption of the Ordinance in 2017, the City has approved three (3) medical marijuana treatment centers or dispensing facilities and denied the request for conditional use for a fourth location. Further, staff has received several inquiries to open such facilities in Oakland Park, including two such applicants that have held neighborhood participation meetings but have not moved forward with an application submittal.

Recommended Action: Staff recommends the Planning and Zoning Board conduct a public hearing and make a recommendation of approval to the City Commission to amend the text of the Oakland Park Land Development Code to prohibit “Medical marijuana treatment center or dispensing facility” uses in all zoning districts by instituting a ban within the boundaries of the City of Oakland Park.
2.CURRENT ACTIVITY
    
 

During the June 21, 2023, City Commission meeting, a discussion regarding Medical Marijuana Treatment Centers resulted in direction to staff to initiate a text amendment to prohibit the land use throughout the City. Accordingly, staff has prepared the attached Ordinance for consideration by the Commission.

3.FINANCIAL IMPACT
    
 Not Applicable.
4.RECOMMENDATION
    
 Staff recommends the Planning and Zoning Board conduct a public hearing and make a recommendation of approval to the City Commission to prohibit “Medical marijuana treatment center or dispensing facility” uses in all zoning districts by instituting a ban within the boundaries of the City of Oakland Park.
ATTACHMENTS:
Description
Draft Ordinance
Ordinance O-2017-015 adopted 10-18-17