File #: ORD 2023-030    Name: Green Dragon Special Land Use
Type: Ordinance Status: Passed
File created: 9/20/2023 In control: City Commission
On agenda: 11/9/2023 Final action: 11/9/2023
Title: AN ORDINANCE APPROVING THE SPECIAL LAND USE APPLICATION SUBMITTED BY GREEN DRAGON FLORIDA, LLC TO PERMIT A MEDICAL MARIJUANA DISPENSARY GENERALLY LOCATED AT 6706 NORTH STATE ROAD 7/U.S. 441, AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF. (QUASI-JUDICIAL)(SECOND READING)(SECOND PUBLIC HEARING)
Indexes: Marijuana, Ordinance, Planning and Zoning, Public Hearing, Quasi Judicial, Special Land Use Application
Code sections: 13-35 - Special Land Use, Chapter 13 - Land Development Code
Attachments: 1. ORDINANCE 2023-030-Green Dragon Special Land Use, 2. BACKUP-Aerial Photo-Green Dragon Special Land Use, 3. BACKUP-Exhibits-Green Dragon Special Land Use, 4. BACKUP-Community Outreach Summary-Green Dragon Special Land Use, 5. BACKUP-Applicant Presentation-Green Dragon Special Land Use, 6. MINUTES-2023-0913 PZ Mtg

AGENDA ITEM REPORT

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AN ORDINANCE APPROVING THE SPECIAL LAND USE APPLICATION SUBMITTED BY GREEN DRAGON FLORIDA, LLC TO PERMIT A MEDICAL MARIJUANA DISPENSARY GENERALLY LOCATED AT 6706 NORTH STATE ROAD 7/U.S. 441, AS LEGALLY DESCRIBED IN EXHIBIT “A,” ATTACHED HERETO AND MADE A PART HEREOF. (QUASI-JUDICIAL)(SECOND READING)(SECOND PUBLIC HEARING)

 

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BACKGROUND:

 

This item was approved on First Reading at the October 26, 2023, City Commission Meeting. The City Commission added two (2) conditions of approval, which have been added to the ordinance:

1.                     Limit the building signage to the text “Green Dragon;” and

2.                     Require an automated, ADA-accessible door opening system at the customer entrance.

The applicant, Eric Sevell of Green Dragon Florida, LLC, on behalf of the property owner, Coconut Creek CP, LLC, is seeking Special Land Use approval to permit a medical marijuana dispensary to be located at 6706 North State Road 7 (U.S. 441) within the Colonial Plaza, generally located at the northeast corner of Johnson Road and State Road 7 (U.S. 441), in accordance with Section 13-35, “Special Land Use,” of the City of Coconut Creek Land Development Code.

On July 24, 1985, the original Colonial Plaza site plan was approved by the Planning and Zoning Board, which included two (2) structures: 1) a principal structure of 10,500 square feet, and 2) a second free-standing building of 2,676 square feet. A subsequent site plan approval in 1986 amended the original site plan to increase the smaller free-standing building (the subject of this application) to 3,112 square feet, as it currently sits to date. Two (2) additional site plan applications approved an Amoco Gas Station with a 7-11 convenience store and a TD Bank in 1987 and 2009, respectively.

DISCUSSION:

As part of a larger renovation project, the current property owner, Michael Saba, Coconut Creek CP, LLC, has updated the principal building, including façade renovations, painting, and parking lot restoration. A convenience store currently occupies the existing, free-standing building immediately adjacent to the principal building. Should the special land use application receive approval, the property owner proposes to make significant renovations to the existing, aging, free-standing building to accommodate the proposed medical marijuana dispensary.

As part of this Special Land Use application, Green Dragon has committed to complying with all applicable Code and permitting requirements, and additional State-mandated security measures, to ensure store security and safety for adjacent businesses and the community.

Establishment of the special land use, as proposed, will expand upon the existing variety and mix of uses currently located along the State Road 7 corridor.

Per the applicant, the State limits the hours of operation for all medical marijuana dispensaries to 7 a.m. to 9 p.m. However, Green Dragon proposes store hours as follows:

 

• 9 a.m. to 9 p.m. Monday through Saturday; and

• 10 a.m. to 6 p.m. on Sunday.

The contents and information related to security provided in this agenda item report are consistent with public records exemption requirements of Section 119.071(3)(a), Fla. Statutes.

Public Involvement

Per Section 13-35(c) of the City Code of Ordinances, property owners within 500 feet of the subject property were notified by mail of the Special Land Use request and invited to attend the Planning and Zoning Board and City Commission meetings. Fourteen (14) notices were mailed by the City on August 30, 2023, and October 12, 2023, respectively. To date, staff has not received any public inquiries related to the project.

As part of the application review process and in addition to the above Code-required public notices, the applicant was required to perform community outreach in an effort to provide project information to neighboring property owners and neighborhood associations, as well as hear and address concerns and issues raised through this process. The applicant has submitted a Community Outreach Summary for this project, which is included as part of the agenda backup for this application. Key efforts resulting from their outreach included a meeting held at the Coconut Creek Recreation Complex at 4455 Sol Press Boulevard on Wednesday, September 6, 2023, from 5:30 p.m. to 7:00 p.m., which was intended to provide a forum for residents and businesses. 

RECOMMENDATION:

City staff finds the request consistent with Section 13-35, "Special Land Use," of the City of Coconut Creek Land Development Code subject to the outstanding DRC comments, which are included in the Planning & Zoning Board Agenda backup and are available online for your review. 

The Planning and Zoning Board, at its September 13, 2023 meeting, recommended approval of this application subject to the following conditions: 

1.                     Outstanding DRC comments remain effective throughout the development review process.  All outstanding comments will be included in the final ordinance and must be addressed prior to the issuance of a building permit unless otherwise stated therein.

FISCAL IMPACT:  N/A