Alex Dambach, AICP

Planning Supervisor

Peter Schwarz, AICP

Assistant Director

Engineering and Community Development

Jennifer Frastai, Director

Engineering and Community Development

The existing site includes a building previously used as a restaurant with ten (10) parking spaces plus one (1) handicapped parking spaces. The applicant proposes to renovate the existing 1,479 sq. ft. building and relocate the handicapped parking space to the front of the building closest to the entrance and provide additional landscaping.

Project Details:

Exterior Improvements:

Building Features:

• There would be a stone wall tile on two-thirds of the façade accented with matte black aluminum architectural bands and smooth-faced stucco on the upper third of the wall and canopy (overhang). 

Signage:

• The facility would include signage utilizing the existing freestanding pylon sign located at the northwest corner of the property adjacent to Commercial Boulevard and wall-mounted signage on the front façade.

Height:

• The building would remain single-story with a 369 sq. ft. mezzanine storage area above.  The building would be 25 feet tall.

Landscaping:

• The landscaping would be increased from the existing 10% of the total site area to 17%.  A waiver has been requested of the Development Review Committee (DRC) for the facility to not be required to have a 5-foot wide landscaped buffer along the site’s western property line.  This waiver will be considered by the DRC if conditional use approval is granted. 

Alternate Screening:

• The property abuts a residential district separated by an alley in the rear and is required to provide an unpierced masonry wall at least eight (8) feet in height. Pursuant to the Landscape and Streetscape Design Standards, the applicant is requesting an alternate screening method because the installation of a wall would create a safety concern due to the one-way drive aisle with all vehicles exiting through the alley in the rear. Placing a solid masonry wall along the rear of the property would prevent the proper sight triangles needed for vehicles to safely exit the site and hinder visual surveillance of the property and access to utility infrastructure. The alternative screening would be a condition of approval. 

Parking and Circulation:

• There would be 8 parking spaces and 1 handicapped space.  Access (ingress and egress) would remain in the existing locations.

Distance Separation:

• Pursuant to Section 24-41(D)(14) the listed use shall not be permitted unless the closest projection of the building or outdoor sales area from public or private elementary, middle, or secondary schools, and child daycare to the closest projection of measures a minimum of five hundred (500) feet.
• Applicant has provided a certified distance separation survey verifying it meets the distance requirements.
• Staff has reviewed current valid Business Tax Receipts to confirm.

B-1 Zoning Requirements:

Adjacent Land Uses:

Analysis:

The Development Review Committee (DRC) reviewed the application it has been determined by the City’s that the application would meet the technical requirements of the Land Development Code for site plan approval if Conditional Use Approval is granted and if the DRC waiver is granted for the 5-food wide buffer areas.  The applicant provided a statement regarding each Conditional Use criteria in the applicable code sections information below.

Applicable Code Sections:

§24-165 Conditional Use Criteria:

(A)Procedure. Conditional uses shall be subject to approval of the city commission after recommendation by the planning and zoning board, and no conditional use shall be approved until after a public hearing by the city commission, at which time all interested parties shall have an opportunity to be heard.

(B) Site plan. A site plan in accordance with section 24-164 above shall be submitted. In addition, if not required for article XIII, traffic generation data shall be included.

(C) Review criteria. The Commission shall not approve a conditional use, unless and until it finds that:

(1) The proposed use is essential to the proper functioning of a utility system or is specifically listed as a permitted conditional use in the district in which it is to be located;

(2) The use is deemed desirable for the public convenience or welfare, and the use is in harmony with the purpose and intent of this chapter and will not be detrimental or injurious to the surrounding area.

(3) When granting approval for conditional use, the board may attach conditions and safeguards, in addition to those prescribed in the district regulations, as they determine are necessary for the protection of the surrounding area and to preserve the spirit and intent of the ordinance.

(4) The application must also meet all of the following criteria, where appropriate:

(a) Conformance with comprehensive plan.

(b) Harmony with adjacent uses (existing or zoned).

(c) Facility levels of service maintained.

(d) Use not hazardous to nearby housing, particularly traffic; see (B) above.

(e) The architectural and site design are compatible with the character of the surrounding area.

In accordance with §24-165(C)(3) if the City Commission decides to grant approval to this application, it can attach conditions. Staff recommends the following conditions only if approval were to be granted:

• Comply with all CPTED Requirements provided in this project’s review.
• Comply with all site plan requirements of the Development Review Committee.
• Adhere to all State of Florida Statutes and regulations related to the operation of a medical marijuana dispensing facility.
• Provide for alternative landscaped screening in lieu of the solid masonry wall to ensure proper site triangles.   

The Planning and Zoning Board consider  the request for conditional use approval for a medical marijuana dispensing facility to be located at 1544 E Commercial Boulevard and provide a recommendation to the City Commission.