03-21-22 Special Called Commission Meeting Adopted Minutesr<:.:"
i MINUTES
Special Called Meeting of the City Commission
Monday, March 21, 2022 - 5:15 PM
Commission Chamber
INVOCATION AND PLEDGE TO THE FLAG
CALL TO ORDER
Following the Pledge of Allegiance, Mayor Glasser called the meeting to order and Deputy City Clerk
Ladayija Nichols called the roll.
ATTENDANCE:
Present: Ellen Glasser, Mayor- Seat 1
Bruce Bole, Commissioner- Seat 2
Michael Waters, Commissioner- Seat 3
Candace Kelly, Commissioner- Seat 4
Brittany Norris, Mayor Pro Tem/ Commissioner - Seat 5
Also Present: Shane Corbin, City Manager(CM)
Brenna Durden, City Attorney (CA)
Ladayija Nichols, Deputy City Clerk (DCC)
1. CALL TO ORDER
Mayor Glasser called the meeting to order at 5:15 p. m.
2.PUBLIC HEARING - APPEAL (APP APP22-0001) OF THE COMMUNITY
DEVELOPMENT BOARD'S DENIAL OF VARIANCE APPLICATION (ZVAR21-
0019) FOR 1515 BEACH AVENUE.
A. City Attorney Procedural Reminders
CA Durden provided an overview of the hearing procedures. Mayor Glasser opened the
public hearing on Item 2.
B. Disclosure of Ex Parte Communications, if any
CA Durden asked the Commission to disclose any ex parte communications in regards
to this appeal and state for the record that your decision will be based upon the
information that you hear tonight.
Commissioner Bole - No ex parte communications; confirmed it will be based on the
information here tonight.
Commissioner Kelly - No ex parte communications; confirmed her decision will be
based on information presented this evening.
Commissioner Norris-No ex parte communications; confirmed she will be making her
decision based on what happens here tonight.
Special Called Meeting of the City Commission
March 21,2022
Commissioner Waters - No ex parte communications; confirmed he will base his
decision on what he sees tonight.
Mayor Glasser-No ex parte communications; confirmed she will base her decision on
information presented tonight.
C. Swearing In of all persons who will speak
Deputy City Clerk Nichols administered the Oath to all persons who stood signifying
they will provide testimony.
D. City Staff Overview, Documentation and Presentation/Testimony
CM Corbin called upon Planning and Community Development Director (PCDD)
Amanda Askew to explain the item. PCDD Askew presented a slide show (which is
attached hereto and made part of this Official Record as Attachment A) and explained
the six criteria to use when making their decision and that one or more of the six must
apply to allow the variance and if none apply,the variance would be denied. When asked
whether one of the criteria applies, Ms. Askew explained her opinion that there are none.
Attachment A of 3-21-22 Minutes
E. Applicant's Documentation and Presentation/Testimony
Applicant/Property Owner William Carriere provided an overview of his request and
answered questions from the Commission. When asked if his request meets any of the
six grounds for granting a variance, Mr. Carriere explained why he believes criteria (3)
applies.
Margaret Cornelius provided testimony and answered questions from the Commission.
F. Public Comments
Karen Perrin spoke about run-off and drainage concerns.
G. Closing Comments/Rebuttal
Dr. Carriere provided closing comments.
PCCD Askew responded to questions about the examples of non-conforming structures.
Dr. Carriere clarified the difference between the two comparable properties.
Mayor Glasser closed the public hearing.
H. Commission Deliberation and Action
ACTION: To Deny APP22-0001(ZVAR21-0019)
Motion: Brittany Norris
Second: Michael Waters
Special Called Meeting of the City Commission
March 21,2022
Commissioner Norris spoke in favor of the motion to deny, noting the applicant was unable to
meet any of the grounds for approval of the variance.
Commissioner Waters spoke in favor of the motion to deny and the need to follow the Code.
Commissioner Bole spoke in favor of the motion to deny, noting he could not find any of the
six factors.
Commissioner Kelly spoke in favor of the motion to deny, noting the need to uphold the Code.
Mayor Glasser clarified the need to abide the Code unless a variance is granted. She spoke in
favor of the motion to deny due to not finding a reason needed for granting.
Michael Waters (Seconded By)For
Brittany Norris (Moved By) For
Ellen Glasser For
Bruce Bole For
Candace Kelly For
Motion passed 5 to 0.
3.PUBLIC HEARING - APPEAL (APP APP22-0002) OF THE COMMUNITY
DEVELOPMENT BOARD'S DENIAL OF VARIANCE APPLICATION (ZVAR21-
0020) FOR 763 ATLANTIC BOULEVARD.
A. City Attorney Procedural Reminders
CA Durden stated that the procedures are the same as explained earlier.
Mayor Glasser read the title of the item and opened the public hearing.
B. Disclosure of Ex Parte Communications, if any
CA Durden asked the Commission to disclose any ex parte communications in regards
to this appeal and state for the record that your decision will be based upon the
information that you hear tonight.
Commissioner Bole - No ex parte communications; confirmed he will only look at
evidence presented her tonight.
Commissioner Kelly - No ex parte communications; confirmed and will base her
decision on what is presented tonight.
Commissioner Norris-No ex parte communications;confirmed she will be making her
decision based on what is here tonight.
Commissioner Waters - No ex parte communications; confirmed he will base his
opinion on what is presented tonight.
Mayor Glasser -No ex parte communications; confirmed she will base her decision on
tonight's record.
Special Called Meeting of the City Commission
March 21,2022
C. Swearing In of all persons who will speak
Deputy City Clerk Nichols administered the Oath to all persons who stood signifying
they will provide testimony.
D. City Staff Overview, Documentation and Presentation/Testimony
CM Corbin called on PCDD Amanda Askew to give an overview of this item. She
presented a slide show (which is attached hereto and made part of this Official Record
as Attachment B) and answered questions from the Commission. PCDD Askew and
CA Durden clarified areas in the Medical Marijuana Ordinance that are regulated by
Florida Statutes; however, CA Durden noted that she does not recall for certain whether
the variance criteria in our Code was ever part of a State Statute, but knows they are very
similar to many other cities and counties. Further questions were answered by PCDD
Askew and CA Durden.
Attachment B of 3-21-22 Minutes
E. Applicant's Documentation and Presentation/Testimony
The applicant's attorney, Karl J. Sanders provided an overview of regulations,
requirements,waiver criteria,variances, and the differences between the City's Code and
State Statutes. He presented slides (which are attached hereto and made part of this
Official Record as Exhibits A-C) and the aerials included in the packet as he explained
why he believes they meet criteria (2), (3), and (4).
Elias Hionides, representing applicant, spoke as a witness.
Rich Trenbal, representing applicant, spoke as a witness.
Chris Hionides, applicant and property owner, spoke on his own behalf.
Mr. Sanders answered questions from the Commission about the 500 ft. separation
requirement.
Exhibits A-C
F. Public Comments
The following speakers participated in public comment:
Niko Costas spoke about the convenience this would provide to him and residents of
Atlantic Beach.
Charles Dewitt spoke in favor of having a variance granted.
Sharon Miller's name was called, but did not speak.
Special Called Meeting of the City Commission
March 21,2022
The following filled out forms indicating their support for a variance, but did not wish
to speak:
Maryscott Moore
Macon Johnson
Mallory Turner
Katie J. Caston
G. Closing Comments/Rebuttal
PCDD Askew provided closing remarks.
Mr. Sanders provided closing comments and rebuttal. He referred to and distributed a
copy of AB Code Sec. 24-65 (which is attached hereto and made part of this Official
Record as Exhibit D).
PCCD Askew and Mr. Sanders responded to questions.
Mayor Glasser closed the public hearing.
Exhibit D
H. Commission Deliberation and Action
ACTION: To approve Appeal APP22-0002 (ZVAR22-0020) based on the findings that (3)
Exceptional circumstances preventing the reasonable use of the property as compared to other
properties in the area due to the church being a temporary tenant in an atypical location, and
also (4) Onerous effect of regulations enacted after platting or after development of the
property or after construction of improvements upon the property due to the way we are
currently doing measurements is onerous, possibly atypical and definitely inconsistent with the
rest of our Code.
Motion: Brittany Norris
Second: Bruce Bole
Commissioner Bole stated that he sees factors two and three as relevant and no restrictions
regarding the time of operation.
Commissioner Kelly spoke about the 500 ft. requirement, it being about the use of the property,
and medical marijuana already available within three miles of Atlantic Beach.
Commissioner Waters spoke about the criteria used for granting variances and noted he does
not see any that apply.
Mayor Glasser mentioned not liking the criteria used for this case or that a Walgreens wouldn't
be allowed at that location. She spoke about decisions made in 2018 regarding dispensaries and
expressed the need for the Code to be written better.
Special Called Meeting of the City Commission
March 21,2022
Round Two:
Commissioner Norris spoke in support of her motion and explained why she believes criteria
3 and 4 apply. She gave examples of language that she believes to be inconsistent and CA
Durden explained why she believes they are not.
Commissioner Bole commented that the establishment would be good for the community and
would serve the residents of Atlantic Beach that he represents.
Commissioner Waters explained that he supports medical marijuana clinics but he cannot find
a reason for picking one of the six criteria options.
Mayor Glasser thanked CA Durden weighing in on whether there are inconsistencies in the
Code in regards to the measurement, but noted she disagrees. She also thanked the Community
Development Board for their review.
Mayor Glasser explained the motion and called for a roll call vote.
Ellen Glasser For
Bruce Bole (Seconded By) For
Michael Waters Against
Candace Kelly Against
Brittany Norris (Moved By) For
Motion passed 3 to 2.
4. ADJOURNMENT
There being no further discussion, Mayor Glasser declared the meeting adjourned at 8:07 p.m.
Attest:
Donna L. Bartle, City Clerk 1 en Glasser, Mayor
Date Approved:
JI
i 12
Special Called Meeting of the City Commission
March 21,2022
Attachment A
3-21-22 Minutes
APP22 -OC
1515 Beach Averi' lu
Appeal the Dec. 21, 2021 CDB Decision.
Original variance request was for a variance to
reduce the minimum rear yard setback to attach
an existing detached garage to the principal
structure at 1515 Beach Avenue.
Attachment A
Site Context and Det&3-21-22 Minutes
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Attachment A
Background 3-21-22 Minutes
The property has an existing multi-story house and existing two-
story detached garage.
The two-story detached garage was constructed in the 2000's and
is a legally existing accessory structure that meets the required 5-
foot rear and side yard setback.
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The applicant request to build an addition that will connect
the existing detached garage to the principal structure.
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Per section 24-83(b), "for lots having frontage on the Atlantic Ocean, the
front yard shall be the yard which faces the Atlantic Ocean, and the
required front yard shall be measured from the lot line parallel to or
nearest the ocean". Therefore, the side of the property abutting Beach
Avenue is considered the rear yard. This zoning district requires a 20 foot
rear yard setback for principal structures.
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Attachment A
3-21-22 Minutes
The structure will meet the minimum front yard setback of 20 feet
and side yard setback of 7.5 feet.
Detached Garage
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Attachment A
Need for Variance 3-21-22 Minutes
If the detached garage is attached or connected to the principal
structure the detached garage is now considered part of the
principle structure therefore, it is required to meet setbacks for
the principal structure (required 20 ft rear yard).
The existing detached garage encroaches 5 feet into the 20 foot
rear yard .
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Attachment A
3-21-22 Minutes
Denied the request for a variance from Section
24-106(e) ( 2 ) to reduce the minimum rear yard
setback from 20 feet to 15 feet to connect an
existing detached garage to the principal
structure .
Denied the request finding that the required
factors to support a variance were not meet
due to lack of grounds for approval ."
Attachment A
Process 3-21-22 Minutes
LDR 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 A
3-21-22 Minutes
Applicants Grounds for Appeal
Ground; for appeal pe- Sec 24.65 ( c)(1), ( c)(2)
The strictures at 1517/1E15 Bea.-,h Ave isuIject property are 15 feet from the se ba:k and 30
feet from the pavement
The strictures at 1497 Beach Ave/4€ 15th Street distance from the set back of Beach Ave is 0
feet or 15 feet from the pavement (see pavements attached)
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Additional to garage x F A
apartment was permitted
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in 1961.
10. Front is setback approx. 16
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4. meets 20' setback
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RECAP -CDB Final DecisIon122Mnutes
Denied the request finding that the required
factors to support a variance were not meet
due to lack of grounds for approval ."
Required
Attachment A
Act ' 3-21-22 Minutes
The Commission may consider a motion to approve APP22-0001/ ZVAR21-
0019, request for a variance from Section 24-106 to reduce the minimum
rear yard setback from 20 feet to 15 feet to connect an existing detached
garage to the principal structure at 1515 Beach Avenue 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 property.
Attachment A
Required Action 3-21-22 Minutes
The Commission may consider a motion to deny APP22-
0001/ZVAR21-0019, request for a variance from Section 24-
106 to reduce the minimum rear yard setback to connect an
existing detached garage to the principal structure at 1515
Beach Avenue upon finding this request does not meet any
of the criteria set forth in section 24-65 (c) nor is consistent
with the definition of a variance.
Attachment B
3-21-22 Minutes
APP22 -0002
763 Atlantic Blvd .
Appeal 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 institution
Attachment B
3-21-22 Minutes
Site Context and Det
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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 24-169
24-169 requires a MMTCDF to be located 500 ft. away from
another pharmacy, school and/or religious institution
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Attachment B
3-21-22 Minutes
Backgrourrrir
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.
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Attachment B
3-21-22 Minutes
INti el cite Itnov
763 Atlantic Blvd. is ps, ' 4,, r
immediately o 111
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adjacent to a R
it
property with a I{ ^a ,
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Shared prop. line
religious
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Church Theyshare Y, , to . . ,.
the same property t,s
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1.line therefore, an
application for a 4 s
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t 'variance has been
submitted. Froman n w4#41$
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edge of the building a.
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located at 763 44 ,...,0
Atlantic Blvd to the AI
front door of the
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Beaches Vineyard i 763 Atlantic Blvd. T_;::
Church is 10 ft. fr m edge of big.
approximately 410 m o int door
feet. L _
Attachment B
3-21-22 Minutes
I
Need for a Variance
763 Atlantic Blvd. Beaches Vineyard Church
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Approx. 410 ft from edge of 763 Atlantic Blvd to front door of church
Attachment B
3-21-22 Minutes
Recent History
June 2020 CDB denied same variance request
A 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.
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Attachment B
3-21-22 Minutes
CDB Final Decision
Denied variance based on the lack of grounds
for approval in section 24-65(c) .
Attachment B
3-21-22 Minutes
process
LDR 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 Appea
The 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 Decision
Denied the variance request finding that the
request did not meet the grounds for approval of
a variance as established in Section 24-65(c).
Exceptional topographic conditions of or near the property.
Surrounding conditions or circumstances impacting the property
disparately from nearby properties.
Exceptional circumstances preventing the reasonable use of the
property as compared to other properties in the area.
Onerous effect of regulations enacted after platting or after
development of the property or after construction of improvement
upon the property.
Irregular shape of the property warranting special consideration.
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 Decision
APPROVAL- existence of
one or more of the following
Section 24-64 (c) DENIAL-
Exceptional
ENIAL-
Exceptional topographic conditions of or
The CDB mayconsider aneartheproperty.
Surrounding conditions or circumstances denial upon finding that
impacting the property disparately from
nearby properties. none of the requirements in
Exceptional circumstances preventing 24-65 (c) exist.
the reasonable use of the property as
compared to other properties in the
area.
Onerous effect of regulations enacted
after platting or after development of
the property or after construction of
improvement upon the property.
Irregular shape of the property
warranting special consideration.
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
Required Actior .
The 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 property
Attachment B
3-21-22 Minutes
Required Action
The 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
500 Foot Buffer from
Existing Schools , Pharmacies , and Churches
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igto IIIICommercial General
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Attachment B
3-21-22 Minutes
i Jr!!el
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3-21-22 Minutes
Legend
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Parcels within 500 feet of a School
y. Existing Churches
j . /' %:1 0'4
Parcels within 500 feetof a Church
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Exhibit A-C
ZVAR21-0020 (763 Atlantic Blvd.)
EXHIBIT "A"
COMPANY OVERVIEW — Cansortium, Inc. (dba "FLUENT")
Exhibit A-C
ZVAR21-0020 (763 Atlantic Blvd.)
Company Overview—Cansortium, Inc. (dba "FLUENT")
Cansortium, Inc. is a vertically-integrated cannabis company with licenses and operations in
Florida, Pennsylvania, Michigan and Texas.The Company operates under the FluentTM brand
and is dedicated to being one of the highest quality cannabis companies for the communities it
serves.
The Company currently has 3 cultivation facilities, a processing and packaging facility and 27
Fluent dispensaries in Florida, 2 Fluent dispensaries in Pennsylvania with a third set to open in
Q1 2022, a cultivation and processing facility in Texas offering home delivery(we are one of
only 3 license holders in that state) and a cultivation facility in Michigan.
The Company is headquartered in Miami, Florida and Cansortium Inc.'s common shares trade
on the Canadian Securities Exchange under the symbol "TIUM.U" and on the OTCQX Best
Market under the symbol "CNTMF".
Here is the link to the Office of Medical Marijuana Use website showing the current list of the
22 licensed Medical Marijuana Treatment Centers in the State of Florida:
https://knowthefactsmmj.com/wp-content/uploads/ommu updates/2021/111921-OMMU-
Update.pdf
Hours of Operation for Fluent Medical Marijuana Dispensaries:
Mon—Thurs: 9:00 am—8:00 pm
Fri.—Sat:9:00 am—8:30 pm
Sunday: 9:00 am—7:00 pm
Cansortium, Inc. originally operated as Knox Nursery/Knox Medical, and we were one of the
first 5 recipients of the MMTC licenses issued by the Florida Department of Health (see
attached).
Exhibit A-C
ZVAR21-0020 (763 Atlantic Blvd.)
EXHIBIT "B"
SURVEY/BUILDING LAYOUT/SITE IMPROVEMENTS
Exhibit A-C
MAP SHOWING SURVEY OF
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DocuSign Envelope ID:8202CF05-385A-4EC3-AFD2-B89563AEA577
Exhibit A-C
f
State of Florida
Department of Health
Office of Medical Marijuana Use
Classification: MEDICAL MARIJUANA TREATMENT CENTER
License Number: MMTC-2015 -0003
Issued to: SPIRIT LAKE ROAD
NURSERY, LLC
d/b/a: FLUENT
Address: 82 NE 26TH ST. UNIT 110
MIAMI, FLORIDA 33137
SPIRIT LAKE ROAD NURSERY, LLC d/b/a Fluent is an approved Medical
Marijuana Treatment Center pursuant to section 381.986(8), Florida
Statutes. Fluent is authorized to cultivate, process, transport, and dispense
marijuana for medical use. Fluent remains bound by both section 381 .986,
Florida Statutes, and Department rules and regulations.
14410 *01,4 ,•sI a. 4zri s ' °
f' to. . , t
ifr,1
Effective Date: August 12, 2020
04
E.........
F.i'.. ree :
hs a'
n Offda
4 HEALTH
Ron DeSantis Scott A. Rivkees, MD
Governor State Surgeon General
Exhibit A-C
Mission:
Rick Scott
To protect,promote&improve the health
Governor
of all people In Florida through Integrated 0John H.Armstrong, MD FACSstate,county&community efforts.
HERS' -H State Surgeon General&Secretary
Vision:Tc be Ie Healthiest State In the Nation
November 23w, 2015
Knox Nursery, Inc.
Re: Low-THC Cannabis Dispensing Organization Application
Dear Applicant:
I am pleased to inform you that Knox Nursery, Inc.'s Application to become a Low-THC Cannabis
Dispensing Organization for the Central region has been substantively reviewed, evaluated, and scored
by a panel of evaluators according to the requirements of Section 381.986, Florida Statutes and
Chapter 64-4, of the Florida Administrative Code. As your application received the highest score for
the Central region, your application is granted. Knox Nursery, Inc. is approved as the dispensing
organization for the Central region of Florida.
Knox Nursery, Inc. has 10 business days to post a $5 million performance bond in accordance with
Rule 64-4.002(5)(e), of the Florida Administrative Code. The original bond, payable to the Florida
Department of Health, must be received by the Department no later than 5:00 PM EST on December
9"', 2015. If the performance bond is canceled and Knox Nursery, Inc. fails to file a new bond with the
Department in the required amount on or before the effective date of cancellation, Knox Nursery, Inc.'s
approval shall be revoked.
Knox Nursery, Inc. must notify the Department that it is prepared to be inspected and seek
authorization to begin cultivation, processing, and dispensing. The following deadlines, as outlined in
Rule 64-4.005, of the Florida Administrative Code, apply.
Cultivation
Knox Nursery, Inc. has 75 days from this approval to request Cultivation Authorization. No less than 30
calendar days prior to the initial cultivation of low-THC cannabis Knox Nursery, Inc. shall notify the
Department that it is ready to begin cultivation, is in compliance with Section 381.986, F.S., and
Chapter 64-4, of the Florida Administrative Code, and is seeking Cultivation Authorization. Failure to
meet the deadline to seek Cultivation Authority may result in the revocation of the Department's
approval. Please note, no low-THC cannabis plant source material may be present in any Dispensing
Organization facility prior to Cultivation Authorization.
Florida Department of Health vwvw.FlorldaHealth.gov
Office of Compassionate Use TWITTER:HealthyFLA
4052 Bald Cypress Way, Bin#A-06 FACEBOOK:FLDepattmentotHeelth
Tallahassee,FL 32399-3265 YOUTUBE:fidoh
PHONE:8501245-4444•FAX 8501245-4748 FLICKR:HeaithyFla
PINTEREST:HealthyFla
Kncalibibiktine.
November 23rd, 2015
Processing
No less than 10 calendar days prior to the initial processing of low-THC cannabis, Knox Nursery, Inc.
must notify the Department that it is ready to begin processing, is in compliance with Section 381.986,
F.S., and Chapter 64-4, of the Florida Administrative Code, and is seeking Processing Authorization.
Dispensing
Knox Nursery, Inc. must begin dispensing derivative product within 210 calendar days of being granted
cultivation authorization. No less than 10 calendar days prior to the initial dispensing of derivative
product, Knox Nursery, Inc. must notify the Department that it is ready to begin dispensing, is in
compliance with Section 381.986, F.S., and Chapter 64-4, of the Florida Administrative Code, and is
seeking Dispensing Authorization. Failure to meet the deadline to begin dispensing may result in the
revocation of the Department's approval.
Finally, submission of an application for Dispensing Organization approval constitutes permission for
entry by the Department at any reasonable time, into any Dispensing Organization facility to inspect
any portion of the facility; review the records required pursuant to Section 381.986, F.S., or Chapter
64-4, of the Florida Administrative Code; and identify samples of any low-THC cannabis or Derivative
Product for laboratory analysis, the results of which shall be forwarded to the Department.
Once again, congratulations on receiving approval to become the Low-THC Dispensing Organization
for Central region. Should you have any questions about this approval, please contact the Florida
Department of Health, Office of Compassionate Use.
Sincerely,
0010),
Dr. Celeste Philip
Deputy Secretary for Health
CB/cc
Cc: Office of the General Counsel
Knc141i ,Qnc
November 23rd, 2015
NOTICE OF RIGHTS
This notice is agency action for purposes of section 120.569, Florida Statutes. A party whose
substantial interest is affected by this action may petition for an administrative hearing pursuant to
sections 120.569 and 120.57, Florida Statutes, A petition must be filed in writing and must be received
by the Agency Clerk within twenty-one (21) days from receipt of this notice. The petition may be mailed
to the Agency Clerk, Department of Health, 4052 Bald Cypress Way, BIN #A-02, Tallahassee, FL
32399-1703; hand delivered to the Agency Clerk, Department of Health, 2585 Merchants Row Blvd.,
Prather Building, Suite 110, Tallahassee, FL; or sent by facsimile to (850) 413-8743. Such petition
must be filed in conformance with Florida Administrative Code Rules 28-106.201 or 28-106.301, as
applicable.
Mediation is not available.
Failure to file a petition within 21 days shall constitute a waiver of the right to a hearing on this agency
action.
DocuSign Envelope ID:8202CF05-385A-4EC3-AFD2-B89563AEA577
Exhibit A-C
Mission: Ron DeSantis
To protect,promote&improve the health Governor
of all people in Florida through integrated t
state,county&community efforts. t k r i } Scott A. Rivkees,MD
HEALTHState Surgeon General
Vision:To be the Healthiest State in the Nation
Sent via Electronic Delivery
August 12, 2020
Spirit Lake Road Nursery, LLC
d/b/a Fluent
do Christine Senne
EVP of Operations
christine.senne@getfluent.com
Re: MMTC License Renewal— Spirit Lake Road Nursery, LLC
Dear Ms. Senne,
The Florida Department of Health ("Department") received an application for renewal ("Application"),
from Spirit Lake Road Nursery, LLC d/b/a Fluent ("Fluent") on May 13, 2020. The Department
requested additional information on June 12, 2020. Fluent responded to the Department's request by
providing additional information on July 12, and July 15, 2020.
The Department has determined that Fluent paid the biennial renewal fee and meets the
requirements of both section 381.986(8)(b), Florida Statutes, and Rule 64ER19-8, of the Florida
Administrative Code. Pursuant to section 381.986(8)(b), Florida Statutes, the Medical Marijuana
Treatment Center ("MMTC") license, issued by the Department to Spirit Lake Road Nursery, LLC, d/
b/a Fluent is renewed. The Department has assigned Fluent the MMTC license number
MMTC-2015-0003." A copy of the license is attached to this correspondence.
Fluent is authorized to cultivate, process, transport, and dispense marijuana ordered and entered
into the Medical Marijuana Use Registry, and remains bound by both Section 381.986, Florida
Statutes, and Department rules, and must continue to obtain written approval prior to making any
material changes to the representations it has made to the Department. Nothing herein shall be
construed in any way to prevent the Department from taking appropriate disciplinary action for
violations noted during the renewal process.
Sincerely,
Co Ppo(.a.
Courtney F. Coppola
Chief of Staff& Marijuana Coordinator
Florida Department of Health
Florida Department of Health
Office of Medical Marijuana Use Accredited Health Department
4052 Bald Cypress Way,Bin M-01•Tallahassee,FL 32399 P H A B Public Health Accreditation Board
PHONE:850/245-4657
FloridaHealth.gov
DocuSign Envelope ID:8202CF05-385A-4EC3-AFD2-B89563AEA577
SpiekliiiigitoNeursery, LLC
Page 2 of 2
August 12, 2020
cc: Todd Buchman, Esq., Chief Compliance Officer; Todd.Buchman@getfluent.com
NOTICE OF RIGHTS
This letter is agency action for purposes of section 120.569, Florida Statutes. A party whose substantial
interest is affected by this action may petition for an administrative hearing pursuant to sections
120.569 and 120.57, Florida Statutes. A petition must be filed in writing and must be received by the
Agency Clerk within twenty-one (21) days from receipt of this notice. The petition may be mailed to the
Agency Clerk, Department of Health, 4052 Bald Cypress Way, BIN #A-02, Tallahassee, FL 32399-
1703; hand delivered to the Agency Clerk, Department of Health, 2585 Merchants Row Blvd., Prather
Building, Suite 110, Tallahassee, FL; or sent by facsimile to (850) 413-8743. Such petition must be filed
in conformance with Florida Administrative Code Rules 28-106.201 or 28-106.301, as applicable.
Mediation is not available.
Failure to file a petition within 21 days shall constitute a waiver of the right to a hearing on this agency
action.
Exhibit A-C
ZVAR21-0020 (763 Atlantic Blvd.)
EXHIBIT "C"
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FLUENT
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Sec.24-65.-Variances. Exhibit D
The community development board is authorized to grant relief from the strict application of certain land
development regulations where, due to an exceptional situation, adherence to the land development regulations
results in "exceptional practical difficulties or undue hardship" upon a property owner. Examples of land
development standards for which a variance may be authorized include but are not limited to:
Parking standards
Drive aisle width
Setbacks
Landscaping
Fence height
Impervious surface
However,variances are not authorized to reduce minimum lot area, minimum lot width or lot depth, nor increase
maximum height of buildings as established for the various zoning districts. Further, a variance shall not modify the
permitted uses or any use terms of a property.
In most cases, exceptional practical difficulties or undue hardship results from physical characteristics that make
the property unique or difficult to use.The applicant has the burden of proof.The community development board
must determine that granting the request would not cause substantial detriment to the public good'and would not
be inconsistent with the general intent and purpose of the land development regulations.
A variance may be sought in accordance with this section. Applications for a variance may be obtained from the
community development department.
a) Application.A request for a variance shall be submitted on an application form as provided by the city
and shall contain each of the following:
1) A legal description of the property for which the variance is requested.
2) A reasonable statement describing the reasons and justification for the variance.
3) A survey or lot diagram indicating setbacks; existing and proposed construction, as well as other
significant features existing on the lot.
4) The signature of the owner, or the signature of the owner's authorized agent. Written and
notarized authorization by the owner for the agent to act on the behalf of the property owner shall
be provided with the application.
b) Public hearing. Upon receipt of a complete and proper application,the planning and community
development director shall within a reasonable period of time schedule the application for a public
hearing before the community development board following required public notice as set forth in
section 24-51.At the public hearing, the applicant may appear in person and/or may be represented
by an authorized agent.
1) Applications for a variance shall be considered on a case-by-case basis and shall be approved only
upon findings of fact that the applgatigilitcDsistent with the definition of a variance and
consistent with the provisions of this section.
2) The community development board shall not grant a variance,which would allow a use that is not
a permitted use, or a permitted use-by-exception in the applicable zoning district. In the case of an
application for a use-by-exception that is considered concurrently with an application for a
variance, approval of the variance shall be contingent upon approval of the use-by-exception by
the community development board. In the event, that the use-by-exception is denied by the
community development board, any approved variance shall be rendered null and void.
3) The community development board shall not approve any variance that would allow a use that is
prohibited by the terms of this chapter or by the comprehensive plan.
4) The nonconforming use of adjacent or neighboring lands, structures or buildings shall not be
considered as justification for the approval of a variance.
5) Variances shall not be granted solely for the personal comfort or convenience, for relief from
financial circumstances, or for relief from situations created by the property owner.
c) Grounds for approval of a variance.;The community development board shall find that one(1)or more
of the following factors exist to support an application for a variance:
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
property.
In the event the community development board finds that none of the above exist, then the
community development board shall deny the variance.
d) Approval of a variance.To approve an application for a variance, the community development board
shall find that the request is in accordance with the preceding terms and provisions of this section and
that the granting of the variance will be in harmony with the purpose and intent of this chapter. In
granting a variance, the community development board may prescribe appropriate conditions in
conformance with and to maintain consistency with city Code.Violation of such conditions, when
made a part of the terms under which the variance is granted, shall be deemed a violation of this
chapter, and shall be subject to established code enforcement procedures.
e) Approval of lesser variances. The community development board shall have the authority to approve a
lesser variance than requested if a lesser variance shall be more appropriately in accord with the
terms and provisions of this section and with the purpose and intent of this chapter.
f) Nearby nonconformity. Nonconformir #04Astics of nearby lands, structures or buildings shall
not be grounds for approval of a variance.
g) Waiting period for re-submittal. If an application for a variance is denied by the community
development board, no further action on another application for substantially the same request on
the same property shall be accepted for three hundred sixty-five (365) days from the date of denial.
h) Time period to implement variance. Unless otherwise stipulated by the community development
board, the work to be performed pursuant to a variance shall begin within twelve (12) months from
the date of approval of the variance. The planning and community development director, upon finding
of good cause, may authorize a one-time extension not to exceed an additional twelve(12) months,
beyond which time the variance shall become null and void.
i) Transferability.A variance,which involves the development of land, shall be transferable and shall run
with the title to the property unless otherwise stipulated by the community development board.
Ord. No. 90-10-212, § 2(Exh. A), 3-8-10; Ord. No. 90-19-240, § 3(Exh.A), 7-8-19)