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763 Atlantic Boulevard ZVAR21-0020 Packet (Sanders)VARIANCE APPLICATION City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P)904-247-5800 APPLICANT INFORMATION NAME Karl J. Sanders, Esq. FOR INTERNAL OFFICE USE ONLY FILE# ZVAR21-0020 EMAIL kjsanders@kjslawpa.com ADDRESS 1102 A 1 A N, Suite 203 CITY Ponte Vedra Beach STATE FL ZIP CODE 32082 ------- PROPERTY LOCATION 763 Atlantic Blvd. PHONE # (904) 868-7929 CELL# (561) 386-1216 RE# 177653-0005 ---------------- BLOCK# LOT# LOT/PARCEL SIZE .49 acres ZONING CODE Commercial General (CG) UTILITY PROVIDER ��=�------------ COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION _C_o _m_m_e_rc_ia_l...,(C_M .......... ) _______________ _ PROVISION FROM WHICH VARIANCE IS REQUESTED Sec. 24-169. Pharmacies and medical marijuana treatment dispensing facilities shall not be located within 500 feet of the real property comprising each of the following ... religious institutions Homeowner's Association or Architectural Review Committee approval required for the proposed construction D YES � NO (if yes, this must be submitted with any application for a Building Permit) Statement of facts and site plan related to requested Variance, which demonstrates compliance with Section 24-65 of the Zoning, Subdivision and Land Development Regulations, a copy of which Is attached to this application. Statement and site plan must clearly describe and depict the Variance that is requested. PROVIDE ALL OF THE FOLLOWING INFORMATION ( all information must be provided before an application is scheduled for any public hearing): 1.Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above. 2.If the applicant is not the owner: provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for allpurposes related to this application.3.Survey and legal description of property for which Variance is sought. 4.Required number of copies: One (1) digital copy-additional paper copy is optional.5.Application fee of $300. 0. FORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent Karl J. Sanders SIG PRINT OR TYPE NAME SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME Signed and sworn before me on this c)_ q day of flcvernbe,/{art f S'ar1de,s 19 VARIANCE APPLICATION 08.25.2020 11/29/21 DATE DATE State of Ror1(ja_ County of Sf .::fi>h n5 The following paragraph sets forth reasons for which a Variance may be approved, please check the circumstances that apply to your request and briefly describe in the space provided. 19 VARIANCE APPLICATION 08.25.2020 Grounds for approval of a Variance: A Variance may be granted at the discretion of the Community Development Board, for the following reasons. a. Approval of a Variance. To approve an application for a Variance, the Community Development Board shall find that the request is inaccordance 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. b. 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. c. Nearby Nonconformity. Nonconforming characteristics of nearby Lands, Structures or Buildings shall not be grounds for approval of a Variance. d. 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 365 days from the date of denial. e. 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 six (6) months from the date of approval of the Variance. The Community Development Director, upon finding of good cause, may authorize a one time extension not to exceed an additional six (6) months, beyond which time the Variance shall become null and void. f. 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. 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 or Record warranting a Variance in order to provide for the reasonable use of the property. The former movie theater building located at rear of adjacent property (which property is owned by same principals who own the property where proposed facility is to be located) is currently leased by the Beaches Vineyard Church The former movie theater building located at rear of adjacent property (which property is owned by same principals who own the property where proposed facility is to be located) is currently leased by the Beaches Vineyard Church The former movie theater building located at rear of adjacent property (which property is owned by same principals who own the property where proposed facility is to be located) is currently leased by the Beaches Vineyard Church ADDITIONAL COMMENTS: 19 VARIANCE APPLICATION 08.25.2020 See Supplemental Application Materials and Project Narrative submitted for consideration by Community Development Board at scheduled quasi-judicial hearing on variance application. Doc# 2019253672, OR BK 18990 Page 1982, Number Pages: 4, Recorded 11/04/2019 01:00 PM, RONNIE FUSSELL CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $35.50 DEED DOC ST $8505.00 Prepared by William Nussbaum 4035 Atlantic Blvd. \ Jacksonville FL 32207 \, Space above for recorder's use \ I \ SPECIAL WARRANTY DEED TH~S SPECIAL WARRANTY DEED dated this°"3Q --rt,1 day of October, 2019 given by the Grantor, Handler Far.:iily Partnership I, LLLP,.a Colorado limited liability limited partnership (1053 W. Shepperd Ave., Littleton CO180120), to the Grantee, 412 Boardwalk, Inc., a Florida corporation (Post Office Box 330046, Atlantic Beach FL ,(32233). Witnesseth, that the Grantor, for good and valuable consideration, receipt of which is acknowledged, has granted, bargained and sold to the Grantee and the Grantee's heirs, successors and assigns forever, the real property and improvements located at 763 Atlantic Blvd., Atlantic Beach, DUVAL County, Florida 32233, being rb.ore particularly described as: ·· I I Legal D~scription is on Exhibit A Property Appraiser's parcel identification number 177653-0000 (part) TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or m anywise appertaining. TO HA VE AND TO HOLD, the same in fee simple forever. And Grantor hereby covenants with said Grantee that it is lawfully sei?';ed of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; and that Grantor fully warrants the title to said land and will defend the same against the lawful claims of all persons CLAIMING BY, THROUGH OR UNDER GRANTOR, except for taxes accruing after December 31, 2018. This conveyance is also subject to (i) Reciprocal Easement and Maintenance Agreement recorded at Official Records Book 18928, page 1844, Doc #2019210379; (ii) restrictions, reservations, and easements of record, but this reference to such restrictions, reservations and easements shall not operate to reimpose the same f signature appears on following page] OR BK 18990 PAGE 1983 In witness whereof, the Grantor, in the presence of the witnesses, has signed and sealed these presents on the date .set forth above. (SEAL) Maury J. Handler, General Partner Signed in the presence of these witnesses: itness 2 print nam ~e: /11tr?y f=' ~ Ste~ On this __ day of July, 2 · as general partner of and on behal edged before me by Maury J. Handler, d is personally known to me or produced as identification the following: __ __:__~"""'----___:::,--...:::------------------,-- Notary Public ~ ~µ OR BK 18990 PAGE 1984 EXIDBIT A LEGAL DESCRIPTION A part of the Castro-Y-Ferrer Grant, Section 38, Township 2 South, Range 29 East, in the City of Atlantic Beach, Duval County, Florida, and being more particularly described as follows: Commencing at the intersection of the North right-of-way line of Atlantic Boulevard (State Road No. Al A, a 100 foot right-of-way) with the East line of said Section 38; thence run South 89°13'58" West along said Northerly right-of-way line of Atlantic Blvd, 639.9 feet for the point of beginning; thence continue along said Northerly right-of-way line a distance of 175 feet to its intersection with the Easterly right-of-way line of Royal Palms Drive Extension (a 60 foot right-of-way as now established); thence run North 00°41'22" West along said Easterly right-of-way line a distance of 125 feet; thence run North 89°13'58" East a distance of 175 feet; thence run South 00°41'22" East a distance of 125 feet to the point of beginning. LESS AND EXCEPT that portion as conveyed in O.R. Book 18928, Page 1841 and as more particularly described as follows: Part of the Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval county, Florida and being more particularly described as follows: ., Commence at the' Northerly right-of-way line of Atlantic Boulevard as now established with the Easterly right-of-way line of Royal Palm Drive as now established; Thence North 00°41 '22" West 125.00 feet along said easterly right-of-way line; thence North 89°13'58" East 117.00 feet to the Point of Beginning; thence continue North 89° 13' 58" East a distance of 58 feet; thence South 00°41' 22" East, a distance of 4.50 feet; thence South 89°13'58" West, a distance of 58.00 feet; thence North 00°41 '22" West a distance of 4.50 feet to the Point of Beginning. OR BK 18990 PAGE 1985 CALIFORNIA ALL-PURPOSl;i ACKNOWLEDGMENT CIVIL CODE§ 1189 A notarY public or other officer completing this certificate verifies only the identity of the individual who signed the · document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ____ R_i_v_e_rs_i_d_e_____ ) l .., · ('\~,a Mary E. Steele, Notary Public On O ·JO,-.. 0\ 0 f before me, _______________ _ Date Here Insert Name and Title of the Officer ~!'Aute<.,, ::J-' H ANn L-et2--persona11y appeared --Tf-'!-1-,_.-~-~-,~----~-~-~~-~----------- Name(s) of Signer(s) \ who proved to me on the\ basis of satisfactory evidence to be the persoajs) whose name(sO/are ~bscribed to the within inst~ument and acknowledged to me that~he/they executed the same in ~/her/their authorized capacity.(i€s), and that b~er/their signature{i) on the instrument the person(g), or the entity upon behalf of which the person..(8) acted, executed the instrument. A MARY { STEELE 'c' t COMM. #2181288 z Notary Public • California ~ Riverside County .... Comm. Expires Feb. 22, 2021 Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu??!~ r~ ignature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document!?'~ ~AL U:AR-llA-IU'T11_ Title or Type of Document: · '.:i:):t?' ~. Document Date: Number of Pages: 3 _Signer(s) Other Than Named Above: . -------- Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ 0 Corporate Officer -11tle(s): ______ _ O Partner -D Limited O General Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ 0 Partner -D Limited D General 0 Individual D Attorney in Fact 0 Trustee/"' D Guardian or Conservator AS! Other: 1.£'-e <P 04..o .0... ft1 ~ 'stgner Is Representing: ________ _ 0 Individual D Attorney in Fact □ Trustee D Guardian or Conservator 0 Other: ;:::-----:-:------------Signer Is Representing: ________ _ ~ ~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (i-800-876-6827) Item #5907 ----------·---. ------- OWNER'S AUTHORIZATION FOR AGENT City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 OWNER INFORMATION NAME 412 Boardwalk, Inc. ADDRESS P .0. Box 330046 c1TY Atlantic Beach AGENT INFORMATION STATE FL PHONE# CELL# ZIP CODE 32233 NAME Karl J. Sanders, Esq. (authorized agent for Fluent Servicing, LLC) PHONE # 904-868-7929 ADDRESS 1102 A1A N., Ste. 203 CELL# 561-386-1216 CITY Ponte Vedra Beach STATE FL ZIP CODE 32082 Karl J. Sanders, Esq. is hereby authorized to act on behalf of Fluent Servicing, LLC regarding those lands described within the attached application and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to: 0 BUILDING PERMIT 0 TREE PERMIT 0 SIGN PERMIT □ USE-BY-EXCEPTION 0 ZONING VARIANCE 0 ZONING MAP AMENDMENT 0 COMPREHENSIVE PLAN AMENDMENT 0 PLAT, REPLAT OR LOT DIVISION 0 OTHER LL I FORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent ~~ \l} J4{ J..\ PRINT OR TYPE NAME DATE SIGNATURE OF OWNER #2 PRINT OR TYPE NAME DATE Signed and sworn before me on this 2Lf~ day of t--.JDVC.-0'.\kc . :10..l\ by c\-1r,s H-16-0,d.e-s County of 01/V-4) Identification verified: -----3....1..-C'--'=-..:....L.:::,,.;...;-+--....L..C...'--'-"--'----""~------------,,, Oath Sworn: ~s ,,, .. ,,,,, STEFANI SERNA ,,~y Pt,,, p bl" ~~~ State of' Florida-Notary u 1c ~. •~ Cornmission # GG. 235032 ~~'i 'if";~:~ My Commission Expires ,,,,,B~t,\,1'' July 04, 2022 My Commission expires :U::u ~J nY ,0-0& 11 OWNERS AUTHORIZATION 03.01.2018 OWNER'S AUTHORIZATION FOR AGENT City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 OWNER INFORMATION NAME 412 Boardwalk, Inc. ADDRESS P .0. Box 330046 c1TY Atlantic Beach AGENT INFORMATION NAME Fluent Servicing, LLC ADDREss 82 NE 26th St., Unit #110 CITY Miami STATE FL STATE FL PHONE# CELL# ZIP CODE 32233 PHONE# CELL# ZIP CODE 33137 Fluent Servicing, LLC is hereby authorized to act on behalf of 412 Boardwalk, Inc. the owner(s) of those lands described within the attached application and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to: 0 BUILDING PERMIT 0 TREE PERMIT 0 SIGN PERMIT SIGNATURE OF OWNER #2 0 USE-BY-EXCEPTION ~ ZONING VARIANCE 0 ZONING MAP AMENDMENT PRINT OR TYPE NAME 0 COMPREHENSIVE PLAN AMENDMENT 0 PLAT, REPLAT OR LOT DIVISION 0 OTHER DATE Signed and sworn before me on this ?,y-\1. day of N O\Jt,fvlkef"' . JD2: l by State of ff or I k County of Ov VU,\ Identification verified: _?:c;:~_r5_•"Yl_i;;.....,.llj--i--~6_v1_o_v_A.. ___________ _ Oath Sworn: ~ n No ~~ S:::Z: ,,,..,.,,, STEFANI SERNA . :S ~-w-:;, State of Florida-Neta. ry Public .,/4 ure ~: ~~ Commission # GG 235032 \~ .,~:f My Commission Expires My Commission expires 0 c> N o'f, ~~ ,,,t~\i;_~,,, July 04, 2022 O 11 OWNERS AUTHORIZATION ,!!~"".v~ • . .L~v/O;-iiiii.iiiiiii-i~;;;;;;;;iiii-iiiiiiiiiiiiiii;;;;;;;;;ii;.I BUYER/TENANT'S AUTHORIZATION FOR AGENT City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 BUYER/TENANT INFORMATION NAME Fluent Servicing, LLC ADDRESS 82 NE 26th St., Unit #110 PHONE# CELL# CITY Miami STATE FL ZIP CODE 33137 ------------- AGENT INFORMATION NAME Karl J. Sanders, Esq. PHONE# 904-868-7929 ADDRESS 1102 A 1 A N Suite 203 CELL# 561-386-1216 CITY Ponte Vedra Beach STATE FL ZIP CODE 32082 .....:.....=:;.....__ ---------- Karl J. Sanders, Esq. is hereby authorized to act on behalf of Fluent Servicing, LLC the prospective Buyer/Tenant of those lands described within the attached application and as described in the attached deed or other such proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development Permit or other action pursuant to: 0 BUILDING PERMIT 0 TREE PERMIT 0 USE-BY-EXCEPTION &Zl ZONING VARIANCE 0 COMPREHENSIVE PLAN AMENDMENT 0 PLAT, REPLAT OR LOT DIVISION □ SIGN PERMIT 0 ZONING MAP AMENDMENT 0 OTHER I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Buyer/Tenant or Authorized Agent PRINT OR TYPE NAME 1 ,, J., ,I iJ-, k"""''l t"I SIGNATURE OF TEN AN PRINT OR TYPE NAME Signed and sworn before me on this :Z. ..,Tkday of IV o II,.,.. b 6~ -r-., -< ., ,1 ~ (. ,."" ~'1 2-I) t I by Pc., r, "'"' "' lc.111 • _,.., Identification verified: _____________________ _ Oath Sworn: [B"Yes 0 No Notary Signature DATE I I. L-t . z. I DATE State of _---'-F_I _•_1r-_,._,l.-------'~'---- County of f-'\ l ..,"""" -~4,J c '1· ,2.. 2-,22. My Commission expires ___________ _ LEGAL DESCRIPTION A part of the Castro-Y-Ferrer Grant, Section 38, Township 2 South, Range 29 East, in the City of Atlantic Beach, Duval County, Florida, and being more particularly described as follows: Commencing at the intersection of the North right-of-way line of Atlantic Boulevard (State Road No. Al A, a 100 foot right-of-way) with the East line of said Section 38; thence run South 89° 13'58" West along said Northerly right-of-way line of Atlantic Blvd, 639.9 feet for the point of beginning; thence continue along said Northerly right-of-way line a distance of 175 feet to its intersection with the Easterly right-of-way line of Royal Palms Drive Extension (a 60 foot right-of-way as now established); thence run North 00°41'22" West along said Easterly right-of-way line a distance of 125 feet; thence run North 89°13'58" East a distance of 175 feet; thence run South 00°41'22" East a distance of 125 feet to the point of beginning. LESS AND EXCEPT that portion as conveyed in O.R. Book 18928, Page 1841 and as more particularly described as follows: Part of the Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 East, Duval county, Florida and being more particularly described as follows: ., Commence at the' Northerly right-of-way line of Atlantic Boulevard as now established with the Easterly right-of-way line of Royal Palm Drive as now established; Thence North 00°41'22" West 125.00 feet along said easterly right-of-way line; thence North 89° 13'58" East 117.00 feet to the Point of Beginning; thence continue North 89° 13' 58" East a distance of 58 feet; thence South 00°41' 22" East, a distance of 4.50 feet; thence South 89° 13'58" West, a distance of 58.00 feet; thence North 00°41 '22" West a distance of 4.50 feet to the Point of Beginning. ZVAR21-0020 (763 Atlantic Blvd.) EXHIBIT “B” SURVEY/BUILDING LAYOUT/SITE IMPROVEMENTS UNIT #112' HT. TO CORRUGATED CLEILING10'-4" TO BOTTOM OF METAL JOISTUNIT #39'-0" TO CLG.UNIT #213'-4" TO CLG.SheetN.T.S.SCALE5OF111 / 2019ATLANTIC BEACH, FL. 763 ATLANTIC BLVD. PETRA 2440 Mayport Rd. Ste. 3 Atlantic Beach, Florida 32233BUILDING CODES.ALL COMPLIANCE WITH ALL LOCALBUILDER/CONTRACTOR MUST VERIFYTO PROCEEDING WITH CONSTRUCTION.TO VERIFY ALL DIMENSIONS PRIORPURCHASER/BUILDER OR CONTRACTORIT IS THE RESPONSIBILITY OF THECONSTRUCTED FROM THESE PLANS.FOR ANY BUILDING/ROOM ADDITIONDESIGNER ASSUMES NO LIABILITYBUILDING FOOTPRINT FROM SURVEY ZVAR21-0020 (763 Atlantic Blvd.) EXHIBIT “C” SAMPLE PICS/FLOOR PLAN OF FLUENT RETAIL DISPENSARIES • �000 □ --.&• c=- � O 00 O 00 000 � � c=- FLUENT 9510 Atlantic blvd Jacksonville, FL .. Camera •Motion Detector ■Panic Button c=-Access Card Reader .& Glass Break Detector t Alarm Key Pad Waiting Area Retail Area ZVAR21-0020 (763 Atlantic Blvd.) EXHIBIT “E” COMMUNITY LETTERS OF SUPPORT Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 690 Paradise Lane and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I am familiar with how these facilities are operated and I know they are run very professionally, are highly secure, and will be an asset to the community. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Jeff and Valarie Dawson 690 Paradise Lane Atlantic Beach, FL 32233 DocuSign Envelope ID: 4B7E033A-9BCF-4754-A9C3-F3D2B61C5E89 12/9/2021 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 2028 Paradise Oaks Court and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. If you go to any medical marijuana dispensary, you will see that they are very well designed, have high security, and are very well managed. This will be a great asset to the City. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Nicole Defeo 2028 Paradise Oaks Court Atlantic Beach, FL 32233 DocuSign Envelope ID: 59200C1F-BF4C-4B38-A68E-151006EE5A89 12/9/2021 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 425 Atlantic Blvd and a business owner of the newly renovated Salt Air Inn & Suites I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I am hopeful the City will allow this use and believe this is the right step forward for our town. Across the State, Medical Marijuana facilities are helping individuals with chronic illnesses find relief and if there was any place in which a facility of this kind would work in Atlantic Beach, it is in this location, which is central to all residents and demographics, and is easily accessible for those needing treatment. I also own a Beach Life Rentals in Jacksonville Beach that is 2 doors down from the Trulieve medical marijuana dispensary. I have witnessed the precautions that are taken to ensure businesses operations are handled professionally and the plaza is safe/secure with extra security guards that are hired to patrol and maintain the integrity of the shopping center. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, FULL NAME Charles Curtis DeWitt ADDRESS 425 Atlantic Blvd Atlantic Beach, FL 32233 PHONE NUMBER 904-400-0175 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 63 Beach Avenue. I am also the owner of the property next door to the proposed medical marijuana dispensary at 725 Atlantic Blvd. I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. As the owner of the property next door, I view this as a great improvement for the area. I know the type of business that Fluent Cannabis runs, and it is highly secure, well designed, and well maintained. I believe the addition of Fluent Cannabis will be great for this city and will be a benefit to all citizens. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Farzin Darabi 63 Beach Avenue Atlantic Beach, FL 32233 904-294-6093 DocuSign Envelope ID: 1CA837C0-C4D8-4ABE-B554-17969234362B 12/9/2021 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 340 8th St Atlantic Beach and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I am hopeful the City will allow this use and believe this is the right step forward for our town. Across the State, Medical Marijuana facilities are helping individuals with chronic illnesses find relief. If there was any place in which a facility of this kind would work in Atlantic Beach, it is in this location, which is central to all residents and demographics, and is easily accessible for those needing treatment. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, (sign here) FULL NAME ADDRESS PHONE NUMBER Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 769 Jasmine Street, and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I am hopeful the City will allow this use and believe this is the right step forward for our town. Across the State, Medical Marijuana facilities are helping individuals with chronic illnesses find relief and if there was any place in which a facility of this kind would work in Atlantic Beach, it is in this location, which is central to all residents and demographics, and is easily accessible for those needing treatment. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Richard Ghiotto 769 Jasmine St. Atlantic Beach, FL 32233 904-894-3750 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 1067 Beach Avenue and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. It is a comfort to many who seek alternative treatment for cancer, pain, depression, glaucoma, and a host of other issues. I love this city, and I believe Fluent Cannabis will be an asset to this community. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Madaline Hill 1067 Beach Ave. Atlantic Beach, FL 32233 Dear Atlantic Beach Community Development Board, I am the owner of Natural Life, the business directly next door to the proposed medical marijuana facility. I am writing to voice my support for the dispensary, and hope the board will approve the variance and allow them to open in this location. This corner has been vacant for more than a decade and we are excited to have a neighbor who will bring safety and security to the strip center. I have many friends and family members who are prescribed medical marijuana for their ailments, and it has worked wonders for them. I hope that you can recognize its purpose and utility for this city, and allow them to open. Please vote in favor of the applicant to open their facility in Atlantic Beach. Yours Truly, Thomas Schreiner 763 Atlantic Blvd Unit 2 Atlantic Beach, FL 32233 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 335 2nd Street and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. Medical marijuana dispensaries are much nicer, cleaner, secure, and maintained than any liquor store, or any other business for that matter. This will be a great location to service the Atlantic Beach community. Please vote in favor of the applicant to open their facility at 763 Atlantic Blvd. Sincerely, Ramin Partow 335 2nd Street Atlantic Beach, FL 32233 DocuSign Envelope ID: 3DAE088F-B28B-413C-8DF6-AC19954CE33B 12/9/2021 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 880 Orchid Street, I also own several investment properties in the neighborhood. I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. If you go to any medical marijuana dispensary, you will see that they are very well designed, have high security, and are very well managed. This will be a great asset to the City. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Nathan Ranew 880 Orchid Street Atlantic Beach, FL 32233 DocuSign Envelope ID: 1A24BBDC-57CC-423D-9756-D1422DFBE8D4 12/9/2021 Scotty H. Silver December 10, 2021 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach, at 2233 Seminole Road, Unit #1 and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I am hopeful the City will allow this use and believe this is the right step forward for our town. Medical Marijuana facilities are helping Floridians with their freedoms, while allowing citizens to make personal choices about their medical options. This location is easily accessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Thanks and Best Regards, Scotty Silver 2233 Seminole Road , Unit #1, Atlantic Beach, FL 32233 * Scott56Silver@gmail.com * 443-924-1632 Dear Atlantic Beach Community Development Board, I am the owner of SubCultured Subs in Atlantic Beach and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I am hopeful the City will allow this use and believe this is the right step forward for our town. Across the State, Medical Marijuana facilities are helping individuals with chronic illnesses find relief and if there was any place in which a facility of this kind would work in Atlantic Beach, it is in this location, which is central to all residents and demographics, and is easily accessible for those needing treatment. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, SubCultured Daniel Ballesteros, Owner 10 Donner Rd, Atlantic Beach, FL 32233 305-588-2105 DocuSign Envelope ID: 3A8BF2C8-98A8-4C2C-9433-019C3DFD9DFE 12/10/2021 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at (Insert Address Here) and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I am hopeful the City will allow this use and believe this is the right step forward for our town. Medical Marijuana facilities are helping Floridians with their freedoms, and allowing citizens to make personal choices about their medical options. This location is easily accessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, FULL NAME ADDRESS Xxxxxxxxxx Atlantic Beach, FL 32233 PHONE NUMBER xxx-xxx-xxxx 2233 Seminole Rd. Atlantic Beach, FL 32233 2233 Seminole Rd. Michael B Swindle 904-333-3790 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 2233 Seminole Road, and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I am hopeful the City will allow this use and believe this is the right step forward for our town. Medical Marijuana facilities are helping Floridians with their freedoms, and allowing citizens to make personal choices about their medical options. This location is easily accessible and continues to improve with the presence of viable businesses. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Meghan Timcke Meghan Timcke 2233 Seminole Road #43 Atlantic Beach, FL 32233 508-922-3043 Dear Atlantic Beach Community Development Board, I am a resident of Atlantic Beach at 769 Jasmine Street and I am writing to voice my support for the proposed medical marijuana facility at 763 Atlantic Blvd. I am hopeful the City will allow this use and believe this is the right step forward for our town. Across the State, Medical Marijuana facilities are helping individuals with chronic illnesses find relief and if there was any place in which a facility of this kind would work in Atlantic Beach, it is in this location, which is central to all residents and demographics, and is easily accessible for those needing treatment. Please vote in favor of the applicant to open their facility and improve the quality of life for all residents of Atlantic Beach. Sincerely, Mallory Turner 769 Jasmine St. Atlantic Beach, FL 32233 904-894-3750 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.C CASE NO. 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 LOCATION 763 Atlantic Boulevard APPLICANT Karl J. Sanders, Esq. DATE December 1, 2021 STAFF Amanda Askew, Director of Planning and Community Development STAFF COMMENTS The applicant is Karl J. Sanders, the agent of record for 763 Atlantic Blvd. This property is located on the northeast corner of Atlantic Blvd. and Royal Palms Dr., within the Commercial General (CG) zoning district. The property is a small shopping center and has a restaurant, retail use and vacant space in the building. The retail use sells over the counter cannabis/hemp products and oils. 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 help treat, the most important difference is that THC will cause a person to experience a high while CBD will not. CDB products without THC are legal to see and are treated like retail stores. Several CDB products are for sale in Publix, Walgreens and major retailers. The applicant is requesting a variance to 24-169 to waive the distance requirement between this property and a religious institution (Beaches Vineyard Church) for a medical marijuana treatment center dispensing facility. Medical marijuana treatment centers dispense various products, some of which contain THC. Per section 24-17 of the Land Development Regulations a medical marijuana treatment center dispensing facility “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.” Atlantic Blvd. Royal Palms Page 2 of 4 Medical marijuana treatment centers are a 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. Section 24-169 prohibits these uses within five hundred (500) feet of another pharmacy, schools and religious institutions. This property 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. On June 16, 2020, the community development board reviewed the same variance request to waive the 500 ft separation requirement between churches and medical marijuana facilities. 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.” See page three (3) of attached June 16, 2020 CDB meeting minutes to review previous comments and discussion. Since it has been longer than one (1) year, section 24-65(g) that requires “applications for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial” does NOT apply. ANALYSIS Section 24-65 states that “applications for a variance shall be considered on a case-by-case basis, and shall be approved only upon findings of fact Page 3 of 4 that the application is consistent with the definition of a variance and consistent with the provisions of this section.” According to Section 24-17, Definitions, “[a] variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in Section 24-65 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach.” Section 24-65(c) provides six distinct grounds for the approval of a variance: (1) Exceptional topographic conditions of or near the property. (2) Surrounding conditions or circumstances impacting the property disparately from nearby properties. The applicant stated “the former movie theater building located at the rear of adjacent property (which property is owned by same principals who own the property where proposed facility is to be located) is currently leased by the Beaches Vineyard Church”. (3) Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. The applicant stated “the former movie theater building located at the rear of adjacent property (which property is owned by same principals who own the property where proposed facility is to be located) is currently leased by the Beaches Vineyard Church”. (4) Onerous effect of regulations enacted after platting or after development of the property or after construction of improvements upon the property. The applicant stated “the former movie theater building located at the rear of adjacent property (which property is owned by same principals who own the property where proposed facility is to be located) is currently leased by the Beaches Vineyard Church”. (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. REQUIRED ACTION The Community Development Board may consider a motion to approve ZVAR20-0020, request for a variance to allow a pharmacy and medical marijuana treatment center within five hundred (500) feet of a religious institution upon finding this request is consistent with the definition of a variance, and in accordance with the provisions of Section 24-65, specifically the grounds for approval delineated in Section 24-65(c) and as described below. A variance may be granted, at the discretion of the Community Development Board, for the following reasons: (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 in order to provide for the reasonable use of the property. Page 4 of 4 Or, The Community Development Board may consider a motion to deny ZVAR20-0020, request for a variance to allow a pharmacy and medical marijuana treatment center within five hundred (500) feet of a religious institution upon finding this request is not consistent with the definition of a variance. Request for a variance to allow a medical marijuana treatment center dispensing facility within five hundred (500) feet of a religious institution ZVAR20-0020 763 Atlantic Blvd. Site Context and Details Located on the northeast corner of Atlantic Blvd. and Royal Palms Dr. – located in a small shopping center Zoned Commercial General (CG) 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 MMTCDF are located 500 ft. away from another pharmacy, school and/ore religious institution 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. 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. line 763 Atlantic Blvd. Need for a Variance 763 Atlantic Blvd.Beaches Vineyard Church Approx. 410 ft from edge of 763 Atlantic Blvd to front door of church Need for a Variance 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) the property is eligible to apply for a variance (section 24-65(g) Grounds for Decision APPROVAL-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. PUBLIC NOTICE To whom it may concern, Notice is hereby given to all property owners within 300 feet of the address below, and as shown in the map below, that a Public Hearing regarding the case described in this notice will be held by the Community Development Board (CDB). The public is invited to attend in person. The meeting will be held in Commission Chambers located at 800 Seminole Road. PROJECT Property Location Map Item No: ZVAR21-0020 Address: 763 Atlantic Boulevard Applicant: Karl J. Sanders, Esq. PUBLIC HEARING(S) Body: Community Development Board Date December 21, 2021 Time: 6:00 PM Request: 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. Summary: The applicant is requesting relief from the city’s regulation that requires medical marijuana treatment center dispensing facilities to be more than 500 feet from a religious institution. The proposed location is adjacent the property in which the Beaches Vineyard Church is located. Pursuant to Section 286.0105, Florida Statutes, a person deciding to appeal any decision made by the Commission with respect to any matter considered at the meeting or at any subsequent meeting to which the Commission has continued its deliberations is advised that such person will need to insure that a verbatim record of all proceedings is made, which must include the testimony and evidence upon which the appeal is to be based. All information related to the item(s) above is available for review on the city of Atlantic beach webpage under Public Notices https://www.coab.us/960/Public-Notices. For additional questions please contact Amanda Askew, Director of Planning and Community Development at aaskew@coab.us or 904-247-5841. Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in attendance. In accordance with the Americans with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk’s Office at City Hall or by calling (904) 247-5800 not less than three days prior to the public hearing.