Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, June 21, 2017 7:00 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 7:00 pm. 2. ROLL CALL: Also present: Ron Paradise, Planning and Development Services and Kathrine Kyp, Planning and Development Services. Present: 6 - Chair Tom Burbank Vice Chair Donald Philpitt Secretary John Harper Member Michael Putkowski Member Dwayne Kennedy Member Ruben Munoz Excused: 1 - Member Stony Sixma 3. APPROVAL OF MINUTES & AGENDA: A. Minutes of May 17, 2017. Member Putkowski noted that for item 7B. there is no person noted who seconded the motion. Ms. Kyp stated she will review the meeting audio and update the minutes. Based on review of the audio from the meeting of May, 17, 2017, Vice-Chairman Philpitt seconded the motion on Item 7B. Chairman Burbank stated on page 4, paragraph 9, the last sentence should read: "take the total points awarded and then divide the applicant's score by that total, which would equal the percentage of allocation." Motion by John Harper, seconded by Michael Putkowski, to approve, as amended, the Minutes of May 17, 2017. The motion carried by the following vote: For: 6 - Chair Burbank, Vice Chair Philpitt, Secretary Harper, Member Putkowski, Member Kennedy and Member Munoz 4. PRESENTATIONS/AWARDS/REPORTS: 5. PUBLIC FORUM: City of Deltona Page 1 Printed on 7/5/2017 Planning and Zoning Board Minutes June 21, 2017 6. OLD BUSINESS: 7. NEW BUSINESS: A. Resolution No. 2017-20, Conditional Use application CU17-002, Medical Marijuana Dispensary, Deltona Plaza, 1200 Deltona Blvd. Suite 2. Mr. Paradise provided the board with background information surrounding the proposal for a medical marijuana dispensary located at 1200 Deltona Blvd., Suite 2 of the Deltona Plaza. He stated in 2014, the City enacted Article 14 of the City's Code to manage medical marijuana dispensary development. He noted that the State has been working on Senate Bill SB 8A (SB8A) which recently passed the House and Senate and is waiting for the Governor to sign it into law. He stated Article 14 requires dispensaries to be located within commercial zones and be approved as a conditional use. The proposed site is zoned C1 (Retail Commercial) and is eligible for conditional use approval. He stated that SB8A gives local municipalities the option to ban medical marijuana dispensaries, but if allowed, dispensaries would be regulated similar to a pharmacy. He noted that there is to be no loitering, vehicle queueing, drive-through service, or alcohol consumption associated with the proposed medical marijuana dispensary. He noted that SB8A and the City's Code requires a 500 feet separation distance from schools. However, the City Code require a 500' seperation between medical marijuana dispensaries. SB8A limits the number of dispensaries allowed, based on a population ratio. City Staff recommends that the Planning and Zoning Board recommend approval based on the following: no loitering, with no loitering signage on three sides of the building, no outdoor seating, shall not be eligible for sidewalk cafe, no drive through, no traffic queueing on City rights of way, no alcohol, hours of operation limited to Monday through Saturday, 7:00 am-7:00 pm, no growing, and comply with state regulations once finalized. Discussion ensued amongst Mr. Paradise and the Board regarding federal regulations, license requirements, regulating alcohol consumption and traffic queueing. Mr. Paradise stated that the regulating authorities would be the City's Code Enforcement and/or Volusia County Sheriff's Department. Chairman Burbank noted that he had ex parte communication on June 12, with a reporter from The Hometown News. He provided the reporter information on the location, time and date of the public hearing. He stated the reporter called him twice on June 13, to inquire about his opinion on the matter and to receive the applicant's contact information. Chairman Burbank directed the reporter to the City's website for the agenda and to City staff for the applicant's contact information. Mr. Paradise stated that he provided the reporter with the applicant's contact information. Discussion occurred regarding SB8A. Member Harper stated that he takes his dog to the veterinarian in the plaza and looked towards the suite of the proposed location for the application. Discussion ensued surrounding the distance requirements from schools. Member City of Deltona Page 2 Printed on 7/5/2017 Planning and Zoning Board Minutes June 21, 2017 Munoz stated there is a beauty school located adjacent to the plaza. Frank Silverman, 3362 Avalon Park Blvd., Orlando, applicant, stated he is the landlord for the plaza. He stated he is excited for this to come to Deltona and knows that members of the audience will be directly benefiting. He noted that he saw a similiar medical marijuana dispensary use as part of a conference in Tampa and such a use within the plaza would enhance the community. Nick Monette, Vice President for Real Estate for Surterra Holdings, the company for the medical marijuana dispensary spoke with Member Munoz regarding SB 8A and the language surrounding the distance requirements from Schools. He noted that it restricts dispensaries within 500 feet of a elementary, middle or secondary school. Mr. Paradise stated that he spoke with the City Attorney and it was the opinion that this was for a more traditional school and will be seeking further clarification with Attorney. Discussion ensued surrounding the plaza being separated into two parcels and the distance from the property line to the academy. Member Putkowski and Mr. Monette discussed the type of products to be sold. Mr. Monette stated per State law, the products are oil tincture, oral spray, nebulizer/vaporizer cartridge and topical cream and noted that they sell low CBD and low THC as well as some products that contain high THC. He noted that SB 8A does allow edibles; however Surterra makes specific products for specific conditions and based on patient preference, either a lozenge or capsule. Discussion occurred regarding the ability to access these products. Mr. Monette noted that anyone can access and enter the store, whether they have a doctor recommendation or not. He noted that per State law the products displayed on the storeroom floor cannot contain any active product in them and currently only contain olive oil and stated that the actual products are maintained in a secured area, similar to a pharmacy. Discussion ensued regarding registered patients and operating hours. Mr. Monette stated that there is a process for patients to have clearance to purchase the product. Discussion surrounding the license ensued. Mr. Silverman noted that Surterra has been granted one of the seven (7) licenses in the state. Member Munoz stated that he understands the process and needs to know how this will impact the community, traffic, and is reviewing the application as one property as that is how it was presented. He noted that he is not able to make a decision. Scott Swarts, 1655 Nantucket St. Deltona, is in support if the product is coming from their (Surterra) laboratory. He noted that he is an epileptic patient and was having 20-40 seizures per day. He stated that he has his cousins from Denver, Colorado send him the CBD, Charlotte's Web, and in the two years of taking it he has not had a seizure since. He noted that low THC cannibis is helping him get off the opioids. Elizabeth Gay, 2369 Otis Ave, Deltona, does not support the medical marijuana dispensary. She stated that she is an alcoholic and drug addict and that she can be manipulative to get what she needs. She noted that she has tried to get clean, and moved here from Massachusetts to Deltona for a fresh start. She stated that she doesn't feel this can be regulated. City of Deltona Page 3 Printed on 7/5/2017 Planning and Zoning Board Minutes June 21, 2017 Pastor Joshua Shapiro, Victory Chapel located at 1200 Deltona Blvd. He stated that he does not support the medical marijuana dispensary. He stated that the facility cannot control the alcohol consumption now and noted that there are empty bottles and has broken apart many fights. He stated that he was a former drug user and became a Pastor 14 years ago and works to protect addicts from drugs. He stated that the opioid addiction population is increasing and if they cannot control the prescription abuse, he asked how you can control this. Louise Smith, 1137 Deltona Blvd., Deltona, is not against the medical marijuana dispensary. She noted that the current traffic is a problem and would like better traffic control. Jose Belen, 3294 Safe Harbor Lane, Lake Mary, is in support of the medical marijuana dispensary. He stated that he is a United States Army combat Veteran. He provided the board on his personal history leading up to this meeting. He noted that during his term with the Army, he was in multiple months of combat. After being honorably discharged he suffers from Post-Traumatic Stress Disorder (PTSD). He noted that the VA Clinic prescribed him opioids and soon it began negatively affecting him causing him to attempt suicide. He noted that Veterans are dying from PTSD daily and believes medical marijuana is better than opioids. He addressed Member Munoz regarding his need to take time for education; he asked for him to educate quicker noting that there is a time clock. Mr. Belen then addressed Ms. Gay and stated that people rely on the medicine for health reasons not as an addiction. Kenny Haven, 4629 Herin Dr., New Smyrna Beach, and goes to the Victory Chapel with family at 1200 Deltona Blvd. He stated he grew up in Deltona and had his family torn apart by prescription pills. He noted the solution is Jesus Christ. He noted that he was suicidal growing up in Deltona and that God has helped him become a functional a part of society. He stated that his church has Sunday school, and will be discussing with his lawyer how he can turn the school into a legitimate school. Carlos Reyes, 524 Ferguson Ave., Deltona, and goes to the Victory Chapel with family at 1200 Deltona Blvd. He noted that in the past he was a drug dealer, spent time in jail, and was suicidal. He stated that the other uses in the plaza are troublesome, such as the bar and the gym. He stated when he sold drugs, he received fake prescriptions to get prescription pills. He spoke on behalf of the community, and stated that he is not against it but asked to put it in another location. Brandon Haven, 934 Roberts Blvd. Deltona, he spoke against the medical marijuana dispensary and goes to the Victory Chapel with his family at 1200 Deltona Blvd. He thanked the board and he spoke about his disabled child who would eat a marijuana edible if presented to him as a candy. Danielle Belen, 3294 Safe Harbor Lane, Lake Mary, she is in support of the medical marijuana dispensary. She stated that she goes to Crunch gym daily and provided the Board with the definition of the word drug. She noted that when discussing using City of Deltona Page 4 Printed on 7/5/2017 Planning and Zoning Board Minutes June 21, 2017 substances to get high to alleviate any psychological issue, is an abuse of a drug. She noted that any drug can be abused. She stated that it is unconstitutional to deny a medication to someone who is suffering, because of another person who abuses it. She stated that people blame marijuana because it is a gateway drug, but states that once their high is gone, their psychological issues are what leads the people to other drugs. She noted that smoking street marijuana is different than medical marijuana, CBD and THC. There is no psychological high and it is simply medicating. She noted pain medicine is being abused and people are dying every day from abuse. Member Munoz stated that he doesn't have anything against the application, He stated that he is concerned about not knowing the regulations and feels that it is not clear. Member Harper stated that the main point to be considered is that this medical marijuana is non-euphoric which means people don't get high. He stated that there could be more people entering the VA Clinic because of opioids than going into the medical marijuana clinic. Member Kennedy thanked the individuals who spoke on the matter. PTSD affects his father. He stated that it is difficult to receive a medical marijuana license. He stated that anyone can pass on a prescription to another person or fill the prescription and pass it on to another person. He noted that the medical marijuana is not for people to get high from but to heal. He stated that a different location is an alternative. Member Putkowski states that this is important and is non-euphoric, low THC and in a noncombustible form. He stated that this is intended to help cancer and seizure patients. He noted that his step father died of opioids and believe he be still alive if he had medical marijuana. He noted that Deltona is moving toward a medical city and this would help people. Vice-Chairman Philpitt stated that the Article 14 is what they need to remember when considering a conditional use application. Chairman Burbank stated that his 89 year old mother is disabled and a drug addict. He stated her doctor wants to wean her off of the fentanyl, valium and pain killers before they kill her. He futher noted the Planning & Zoning Board makes a recommendation to the City Commission and they make the final decision. Motion by Member Munoz to post-pone this application to a future date. Motion failed for lack of a second. Motion by John Harper, seconded by Michael Putkowski, to recommend for approval Resolution No. 2017-20, Conditional Use application CU17-002, Medical Marijuana Dispensary, Deltona Plaza, 1200 Deltona Blvd. Suite 2. The motion carried by the following vote: City of Deltona Page 5 Printed on 7/5/2017 Planning and Zoning Board Minutes June 21, 2017 For: 5 - Chair Burbank, Vice Chair Philpitt, Secretary Harper, Member Putkowski and Member Kennedy Against: 1 - Member Munoz 8. STAFF COMMENTS: Mr. Paradise provided the Board with an update on the CDBG ranking brought previously before them and stated that each eligible applicant will receive no less than $10,000. 9. BOARD/COMMITTEE MEMBERS COMMENTS: Member Munoz requested that when there are Florida Statues cites, it be clarified, printed out and apart of the agenda. 10. ADJOURNMENT: The meeting was adjourned at 8:28 pm. ______________________________ Tom Burbank, Chairperson ATTEST: ______________________________ Kathrine Kyp, Board Secretary City of Deltona Page 6 Printed on 7/5/2017