The applicant proposes to convert the subject building and property, previously used as a restaurant, into a medical marijuana dispensing facility. The subject property is located 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 proposes to renovate the existing 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 south side to the west side of the building. A six (6) foot by eleven (11) foot front vestibule will be removed from the building. The new exterior façade materials will consist of painted stucco, wood panels, and metal panels along with impact-resistant windows. Wall signs are proposed for the south and west façades and the existing pylon sign will be replaced with a monument sign that meets the requirements of the Land Development Code.
The site will be modified to provide additional landscape area to meet minimum requirements. There will be a total of 31 on site parking spaces provided. Access and egress will remain through two-way driveways at both streets. A four (4) foot wide landscape buffer is proposed in front of the parking area along Oakland Park Blvd and a seven and one half (7.5) foot wide buffer is proposed along NW 3rd Avenue. The required landscape buffer along both streets is ten (10) feet, and five (5) feet is required along interior property lines. As such, the applicant requests a waiver from the buffer requirements listed in the Landscape and Streetscape Design Standards for existing conditions that will need to be considered by the DRC following approval.
Findings:
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
|
The applicant provided a statement regarding compliance with each Conditional Use criterion based on the applicable code sections. The Development Review Committee (DRC) reviewed the application and determined that the application meets the technical requirements of the Land Development Code. However, should Conditional Use approval be granted, the applicant requests a waiver from the buffer requirements listed in the Landscape and Streetscape Design Standards for existing conditions that will need to be considered by the DRC following approval.
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).
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 use become legalized in the future.
Staff recommends the following conditions of approval should the Conditional Use be granted:
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. The medical marijuana dispensary shall be prohibited from having on-site doctors providing patient examination or 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.
For Conditional Use to be granted, the following criteria shall be met:
Section 24-165 "(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."