Item Coversheet

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

A
GENDA ITEM NO. 6.

MEETING DATE: 3/8/2021
PREPARED BY: 

Alex Dambach, AICP

Planning Supervisor

 

Peter M. Schwarz, AICP

Director of Community and Economic Development

DEPARTMENT HEAD APPROVAL:  CED for Planning and Zoning Board
SUBJECT:

Case # CD20-25CU – “Trulieve Conditional Use”

A public hearing to consider the application by Moonlite Properties, LLC (Owner) requesting Conditional Use for a medical marijuana treatment center or dispensing facility at 301 West Oakland Park Boulevard.

1.BACKGROUND/HISTORY
    
 

Issue Statement:

Trulieve with the property owner, Moonlite Properties, LLC, requests Conditional Use to allow an existing 1-story, 3,091 square foot commercial structure to be utilized as a medical marijuana dispensing facility.

 

Recommended Action:

The Planning and Zoning Board consider this request for Conditional Use and provide a recommendation to the City Commission.

 

The Neighborhood Participation Meeting was held 6/29/20. Per Section 24-163(E)(5) of the Oakland Park Code of Ordinances, an additional Neighborhood Participation Meeting shall be required prior to placement on the City Commission agenda.

 

Property Description:

The building is located on a 23,698 square foot lot at the northwest corner of West Oakland Park Boulevard and NW 3rd Avenue.

2.CURRENT ACTIVITY
    
 

The applicant, Trulieve, proposes to convert this building and property, previously used as a diner, into a medical marijuana dispensing facility. The applicant proposes to renovate the building with a new façade and floor plan to create a waiting room, dispensary area, secure inventory storage, and auxiliary rooms. The public entrance would be relocated from the front to the side of the building. A 6-foot by 11-foot front vestibule would be removed from the building. The new exterior wall materials would consist of painted stucco, wood panels, and metal panels along with impact-resistant windows. Forty-two square foot wall signs are proposed for the front and west facades. An existing pylon sign is proposed to be replaced with a monument sign that meets the requirements of the City.  The site is to be modified to provide additional landscape area to meet minimum requirements. There would be a total of 31 parking spaces provided. Access and egress would remain through two-way driveways at both streets. Proposed are a 4’ wide landscape buffer in front of the parking area along Oakland Park Blvd and a 7.5’ wide buffer along NW 3rd Avenue. The landscape buffer along both streets is required to be ten feet, and five feet is required along interior property lines. The applicant has requested that the Development Review Committee consider the granting of waivers to the required landscaped buffer areas should Conditional Use approval be granted.

 

The subject property is within the B-1 Community Business Zoning District, and a medical marijuana treatment and dispensing facility is only permitted through Conditional Use with a distance separation requirement of 500 feet from existing schools and day care facilities. Conditional Uses are subject to approval of the City Commission after recommendation by the Planning and Zoning Board. The applicant has provided a survey certifying that there is no school or daycare within 500 feet of this facility. The applicant’s narrative includes specific responses to each Conditional Use criterion. Procedures for Conditional Uses are outlined in Sec. 24- 165, including Review Criteria in Sec. 24-165(C).

 

Zoning District Regulations in the B-1 Zoning District

 

 

Standard

Required

Proposed

Status

Minimum Landscape or Pervious Area

25%

25%

Complies

Front Setback

10'

45.5'

Complies

Side (west)

0'

67.6'

Complies

Side (NW 3rd Avenue)

10'

15.3’

Complies

Rear

15'

63.1’

Complies

Parking Spaces

11 spaces

31 spaces

Complies

 

Findings:

 

The Development Review Committee (DRC) reviewed the application and determined that the application would meet the technical requirements of the Land Development Code, but a waiver from buffering requirements listed in the Landscape and Streetscape Design Standards for existing conditions is requested by the applicant to be provided by the DRC should Conditional Use approval be grantedThe applicant provided a statement regarding compliance with each Conditional Use criterion based on the applicable code sections.

 

Planning staff notes that Section 7-157 of the Code of Ordinances prohibits non-medical cannabis sales or dispensing within the City of Oakland Park. Section 7-157 would prohibit the proposed facility, if Conditional Use for a medical marijuana treatment center or dispensing facility was granted, from selling or dispensing non-medical cannabis should such become legalized in the future.

 

Staff recommends that if Conditional Use were approved, the following conditions should be included:

 

1. The existing pylon sign be removed and replaced with a monument sign, as proposed by the applicant, that meets the current sign requirements of the Land Development Code.

 

2.  Drive-thru facilities shall not be permitted.

 

3.  No signage or logos  that depict a marijuana leaf shall be permitted.

 

4. It shall be prohibited from having doctors on-site examining patients or providing prescriptions.

 

5.  The site plan shall be revised such that the landscaping plan replaces all palms with shade trees.

 

6.  All windows shall be transparent and provide clear view into and out of the public retail and reception areas of the building, and window signage shall comply with City standards and not cover more than 15 percent of any window where located.

 

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.

3.FINANCIAL IMPACT
    
 Not Applicable.
4.RECOMMENDATION
    
 

The Planning and Zoning Board consider this request for Conditional Use and make a recommendation to the City Commission.

ATTACHMENTS:
Description
Application Form
Conditional Use Narrative
Site Plan Package
Survey showing 500 foot radius
Rendering
DRC Report
Location Map
Zoning Map
Future Land Use Map