Attachment B of 3-21-22 MinutesAppeal of the Dec. 21, 2021 CDB Decision.Original variance request was for a variance to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institutionAPP22‐0002763 Atlantic Blvd.Attachment B 3-21-22 Minutes
Site Context and DetailsLocated on the northeast corner of Atlantic Blvd. and Royal Palms Dr. –located in a small shopping centerZoned Commercial General (CG)Attachment B 3-21-22 Minutes
Medical marijuana treatment center dispensing facility (MMTCDF) “means a facility licenses and operated for the purpose of dispensing medical marijuana, in accordance with F.S. 381.986, and all other applicable local and state rules, regulations and statutes.”Permitted land use in CG but subject to Section 24‐16924‐169 requires a MMTCDF to be located 500 ft. away from another pharmacy, school and/or religious institutionAttachment B 3-21-22 Minutes
Background The existing cannabidiol (CBD) oil store does not sell CBD products with tetrahydrocannabinol (THC). CBD and THC are both cannabinoids found in marijuana. Though similar in what they may treat, the most important difference is that THC will cause a person to experience a high while CBD will not. CBD products without THC are legal to sell and sold in retail stores like Publix, Walgreens, and major retailers. Attachment B 3-21-22 Minutes
763 Atlantic Blvd. is immediately adjacent to a property with a religious institution (Beaches Vineyard Church). They share the same property line therefore, an application for a variance has been submitted. From the eastern most edge of the building located at 763 Atlantic Blvd to the front door of the Beaches Vineyard Church is approximately 410 feet.Shared prop. line763 Atlantic Blvd.Need for a VarianceAttachment B 3-21-22 Minutes
763 Atlantic Blvd.Beaches Vineyard ChurchApprox. 410 ft from edge of 763 Atlantic Blvd to front door of churchNeed for a VarianceAttachment B 3-21-22 Minutes
Recent History June 2020 CDB denied same variance requestA motion to deny the request was made and passed at a vote of 5 to 1 (5 for and 1 against) “…because it does not meet the criteria for approval.” Since it has been longer than one (1) year, the property was eligible to apply for the second variance (section 24‐65(g)) in December.Attachment B 3-21-22 Minutes
CDB Final DecisionDenied variance based on the lack of grounds for approval in section 24‐65(c). Attachment B 3-21-22 Minutes
ProcessLDR allows appeal of the final decision of CDB by any adversely affected person(s)Appeals are de novo (start from the beginning). In other words, as if the CDB hearing had not occurred. Per 24‐49(b) the applicant must indicate that the decisions of the CDB being appealed is in conflict with or in violation of Chapter 24. Since this is a de novo proceeding, Commission must review the appeal under the criteria set forth in section 24‐65(c) variances. Attachment B 3-21-22 Minutes
Applicants Grounds for AppealThe Order of the Community Development Board denying ZVAR21‐0020 is in conflict with or violation of the plain and unambiguous language set forth in the City’s Land Development Regulations (Chapter 24, City of Atlantic Beach Ordinance Code) regarding the allowable locations and minimum separation requirements for pharmacies and medical marijuana treatment center dispensing facilities, including the exceptional practical difficulties and undue hardship resulting from a strict application and/or erroneous interpretation of Section 24‐169(a) of the City’s land development regulations, which provides that such facilities “shall not be located within 500 feet of the real property comprising each of the following: (1) another pharmacy or medical marijuana treatment center dispensing facility…; (2) public or private elementary, middle, or secondary schools…; and (3) religious institutions”. Attachment B 3-21-22 Minutes
Medical Marijuana Treatment Center Ord.•Regulate the placement in Commercial Zoning districts along Atlantic Blvd. and Mayport Road •Located 500 feet from other pharmacies, medical marijuana treatment center dispensing facilities, schools, and churches. •Permitted land use in the CG zoning district subject to the requirements of section 24‐169. The city determined that medical marijuana treatment centers and dispensing facilities are best suited to particular zoning categories and formulated regulations that govern the use of real property. Attachment B 3-21-22 Minutes
RECAP ‐CDB Final DecisionDenied the variance request finding that the request did not meet the grounds for approval of a variance as established in Section 24‐65(c). 1.Exceptional topographic conditions of or near the property.2.Surrounding conditions or circumstances impacting the property disparately from nearby properties.3.Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.4.Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property.5.Irregular shape of the property warranting special consideration.6.Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.Attachment B 3-21-22 Minutes
Grounds for DecisionAPPROVAL‐existence of one or more of the following (Section 24‐64 (c)DENIAL‐1.Exceptional topographic conditions of or near the property.2.Surrounding conditions or circumstances impacting the property disparately from nearby properties.3.Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.4.Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property.5.Irregular shape of the property warranting special consideration.6.Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.The CDB may consider a denial upon finding that none of the requirements in 24‐65 (c) exist.Attachment B 3-21-22 Minutes
Required ActionThe Commission may consider a motion to approve APP22‐0002/ ZVAR22‐0020, request for a variance to Section 24‐169 (a)(3) to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution upon finding this request is consistent with the definition of a variance, and pursuant to Section 24‐65(c) in the Land Development Regulations below:(1) Exceptional topographic conditions of or near the property.(2) Surrounding conditions or circumstances impacting the property disparately from nearby properties.(3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.(4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property.(5) Irregular shape of the property warranting special consideration.(6) Substandard size of a lot of record warranting a variance to provide for the reasonable use of the propertyAttachment B 3-21-22 Minutes
Required ActionThe Commission may consider a motion to deny APP22‐0002/ZVAR21‐0020, request for a variance to Section 24‐169 (a)(3) to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution upon finding this request does not meet any of the criteria set forth in section 24‐65(c) or it is not consistent with the definition of a variance.Attachment B 3-21-22 Minutes
Attachment B 3-21-22 Minutes
Attachment B 3-21-22 Minutes
Attachment B 3-21-22 Minutes
Attachment B 3-21-22 Minutes
Attachment B 3-21-22 Minutes