Alex Dambach, AICP

Planning Supervisor

Peter M. Schwarz, AICP

Director of Community and Economic Development

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

A quasi-judicial 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.

Legislative Update: At the request of the applicant, the August 4, 2021, public hearing was rescheduled to the September 8, 2021, City Commission meeting date and was re-advertised.

Issue Statement: The applicants, Trulieve (tenant) and  the property owner, Moonlite Properties, LLC request Conditional Use to allow an existing 1-story, 3,901 square foot commercial structure located at 301 West Oakland Park Boulevard, be utilized as a medical marijuana dispensing facility.

This item was considered at the Planning and Zoning Board March 8, 2021,  public hearing and was recommended for denial by a 4-0 vote. (Minutes of item from Planning and Zoning Board meeting are attached.)

Pursuant to Oakland Park Code of Ordinances Section 24-233(F)(4), a recommendation of denial by the Planning and Zoning Board shall be final unless the applicant files with the City Manager a request for a hearing before the city commission within 30 days of the rendition of the decision by the board. On March 9, 2021, the applicant filed a timely request with the City Manager for this item to be heard by City Commission at the next City Commission meeting. On March 19, 2021, the applicant requested deferral of the appeal until the April 7, 2021 City Commission meeting, and subsequently on May 10, 2021 submitted a request for a 60-day extension to having the item placed on the City Commission agenda for consideration.

Recommended Action: The City Commission consider this request for Conditional Use for a medical marijuana dispensing facility.

The Neighborhood Participation Meeting was held on June 9, 2020 Per Section 24- 163(E)5)of the Oakland Park Code of Ordinances, an additional Neighborhood Participation meeting was held June 30, 2021.

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

The applicant proposes to convert this building and property, previously used as a restaurant, 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 will be relocated from the front to the side of the building. A 6-foot by 11-foot front vestibule will be removed from the building. The new exterior wall materials will consist of painted stucco, wood panels, and metal panels along with impact-resistant windows. Wall signs are proposed for the front and west facades and an existing pylon sign is proposed to be replaced with a monument sign that meets the requirements of the Land Development Code.  

The site is to be modified to provide additional landscape area to meet minimum requirements. There will be a total of 31 parking spaces provided. Access and egress will 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 daycare 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

Findings:

The Development Review Committee (DRC) reviewed the application and determined that the application will meet the technical requirements oft he 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 considered by the DRC should Conditional Use approval be granted. The applicant provided a statement regarding compliance with each ConditionalUse 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.  Prohibition of any signage imagery that depicts a marijuana leaf or other marijuana imagery.

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 Land Development Code standards and not cover more than 15 percent of any window where located.

7. The use is limited to medical marijuana dispensing facility only. Any subsequent change in State law would not automatically permit non-medical cannabis to be dispensed from this location. Any change must be approved by the City Commission.

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, andno 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.

The City Commission consider this request for Conditional Use for a medical marijuana dispensing facility.