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 3 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:
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Standard
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Required
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Proposed
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Status
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Minimum Landscape or Pervious Area
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25%
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25%
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Complies
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Front Setback
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10'
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45.5'
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Complies
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Side (west)
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0'
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67.6'
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Complies
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Side (NW 3rd Avenue)
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10'
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15.3’
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Complies
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Rear
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15'
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63.1’
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Complies
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Parking Spaces
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11 spaces
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31 spaces
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Complies
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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.
For Conditional Use to the 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;
A medical marijuana treatment center or dispensing facility is a listed conditional use in the B-1, Community Business zoning district.
(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.
The applicant provided the following statement: The City of Oakland Park adopted Ordinance No. 0-2017-015 which allows for dispensaries and establishes appropriate land development and licensing regulations. The City Commission found that the use is desirable and in the best interest of the public health, safety, and welfare subject to compliance with regulations of Florida Statute Section 381.986, the State Department of Health, and the conditional use regulations within the ordinance.
(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.
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.
(4) The application must also meet all of the following criteria, where appropriate:
(a) Conformance with comprehensive plan.
The Comprehensive Plan designates this site for commercial uses.
(b) Harmony with adjacent uses (existing or zoned).
The applicant states that the proposed facility is comparable to a retail use, which is consistent with the character of the existing Oakland Park Boulevard corridor. The Property was previously used as a restaurant. Pursuant to the Service Demand Analysis provided in this application, the proposed use is expected to have less impact on the surrounding area than the prior use of the Property. Retail and other commercial uses similar to the proposed development have existed in harmony with the surrounding neighborhood for many years, and the proposed use will continue this pattern and not introduce any new impacts.
(c) Facility levels of service maintained.
The applicant states that there is to be no new development or increase in building area included in the project. Public facilities and services are already in place for this Property. Please refer to the Service Demand Analysis and Trip Generation Report provided in this application demonstrating the anticipated levels of service for the proposed use.
(d) Use not hazardous to nearby housing, particularly traffic; see (B) above.
The applicant states it will operate the medical marijuana dispensary as a licensed MMTC pursuant to Florida Statute Section 381.986. Florida Statute regulations require onsite security both in design and continuing operations, ensuring that the dispensary use will not be hazardous to the community. Trulieve will operate from 9:00am to 8:00pm from Monday to Friday, 9:00am to 5:00pm on Saturday, and 10:00am to 6:00pm on Sunday. Trulieve is required to ensure the safety and security of the premises with a fully operational security alarm system and video surveillance system. The outside of the premises will include 360-degree security surveillance and maintain sufficient lighting from dusk until dawn. The interior of the building where dispensing occurs will include an area with sufficient space and seating to accommodate qualified patients and caregivers and a private consultation area that is isolated from the waiting area and sales floor. Medical marijuana and authorized delivery devices will be stored in a secured, locked inventory room and will not be displayed nor dispensed in the waiting area. The video surveillance recordings will be kept for fifty-five (55) days. An armed security guard will be on site at all times. As noted in the Trip Generation Report, the proposed use is not expected to significantly alter the existing traffic patterns.
(e) The architectural and site design are compatible with the character of the surrounding area."
The building is proposed to be renovated with new, modern façade based on staff and Development Review Committee recommendations. The new façade updates the current exterior from its design with a mansard roof and adds window area for the showroom.