Planning Commission - Regular Meeting

Okay, it's now 6 PM on the 28th of July, 2025, and I call this meeting of the planning commission to order. May I please have a roll call? David Dole, Marggo Moing here, Nicholas Andrews here, Debbie Cole here, Justin Henderson here, Dean Haddock here, Matthew Filer here. Thank you. Thank you. Are there any changes or corrections to the minutes dated 23 June 2025? Noted by any members. If not, may I have a motion to approve the minutes? Motion to approve. Second. All those in favor signify by saying I.

I. I. I. All those opposed signify by saying nay. All right. Motion to approve the minutes from 23 June 2025 is approved. for the staff. Is there any correspondence for any item on the agenda? I have none. Do we have any old business? No old business either.

All right, we'll move on to new business. So for the public, the planning commission meetings are generally quasi judicial in nature. All decisions of the commission will be based on competent substantial evidence including testimony provided in this meeting. Any person who is not an applicant or agent that wishes to speak will need to fill out a speaker card which are located at the side table by the door and turn them into the city clerk. Each member of the public will give be given three minutes to speak on each item. Please refrain from speaking from the audience and applause or cheering will not be allowed. And also please silence your cell phones. All right. Vice chair, can you please read the application by title? Yes.

Staff, can we please have the application for PC 1125? All right. Through the chair, we have planning commission number 1125. It's a conditional use application request for property located at 240 uh 3rd Street South. The request is to allow for a medical marijuana treatment center dispensing facility located in the commercial C1 zoning district pursuit into section 34 617D21 of the Jacksonville Beach Land Development Code. subject property is located in the C1 zoning district. The property is uh located on the southwest corner of the intersection of uh Third Street South and Second Avenue South. Most recently, the property was a retail establishment uh formerly the Salt Life uh property. The applicant is seeking to open a new medical marijuana treatment dispensing facility under the EC1 zoning district uses. A dispensing facility is allowed with conditional use approval. Under state law, it is treated no differently than any other typical commercial pharmacy. The site currently is developed with an existing structure and existing parking with landscaping. The proposed use would not change the parking demand substantially. Um, and the applicant is committed to adding any additional alternative parking options in the new code to address any potential deficiencies. Those would be things like bike racks or golf cart parking, compact parking. Um, and some of that's going to be based on the utilization of the building space. So it's a little bit of a question mark right now. Um although it does notffect reflect the affect the request um it's important to note that uh there have not been any traffic or parking related issues uh previously and they are not anticipated. Um all the activities are well regulated through the state licensing process and all activities are to be contained inside the building as with any other retail use. Surrounding uses include commercial office to the west and

adjacent uh fast food establishment to the south also adjacent the JFRD fire station to the north across second avenue and office uses to the east across third. As it will be as the use will be uh will function as a commercial retail establishment. It is not anticipated that the new use will be more intense than the previous uh retail use. And based on the information provided in the application and staff's analysis, we are recommending approval of PC 1125. Thank you. As a reminder, each member of the public be given three minutes to speak when we open the public hearing. Does any commission member have any exparte communication to disclose? Okay. Would the applicant please come forward and be sworn in to give any presentation? Please raise your right hand and state your name and address.

Uh Richard Johnston, 3528 Ocean Drive South. Do you swear or affirm that the testimony you're about to give in this matter is the truth, the whole truth, and nothing but the truth to help you God? I do. Thank you. All right. And as a reminder to the commission members, um please refrain from interrupting the presentation and hold questions to the end. Sir,

um members of the planning commission, thank you for your time this evening. So, we have uh acquired a medical marijuana uh MMTC license. Uh we're this will be one of the 25 licensed uh operators in the state of Florida. Um I'm a Jack Beach resident. I've been here for close to 30 years. uh we're um utilization of the location, its uh parking, its access, um its visibility. Uh we believe that it's going to be a good location for us and for the community, for our outreach to the community, um continuing education opportunities, um just kind of overall awareness about the industry. Um, again to Christian's earlier point, this was a highly regulated industry. Um, it's uh been a huge hurdle to get to this point. Um, and you know, we won't be open for business till probably um late spring 2026 just based on our preparation cycle and interface with the state. Um we're excited about the opportunity um and would you know avail myself to any questions you may have regarding the application process or entry into the market uh interface with community and so forth?

Thank you. Did any commission members have any questions for the applicant? I have a question. You said it was one of 25 medical marijuana treatment center dispensing facilities in Florida. MMTC licensed licensed operators. The state of Florida publishes an OME website and that lists all of the operators from True Leave to Sunburn to move lists their quantity uh dispensaries around the state. And we we're one of 25 active licenses. Gotcha. one of the 25 operators but not necessarily 25 locations. Correct. I understand. Thank you. Apologize for that.

So, um I just have a question of how uh how you chose this location.

Uh really it it's um it's the very best location at the beaches. Um it's you know for us and being a new company it serves for a lot of different reasons. You know serves as our corporate headquarters. It serves as our flagship store. It serves as a marquee. Um, you know, our at our point and our entry into the marketplace, you know, Florida is still a relatively evolving market. There's been a lot of, you know, stop starts, evolutions, wasted money, wasted opportunities. So, you know, we feel that our, you know, our barrier of entry, our entry into the marketplace is appropriate. We're scaled. We're sized. We're not trying to be all things to all people. You know, we're going to internally focus on, you know, consistency and continuity of operations. Um, you know, client patient relations, community outreach, and go organic. And this facility provides all that and then some. Um, the bones of it are solid. It's a it's a great vibe to the area. Um, some I don't I can't say enough good things about it. I think the the question that we asked ourselves was we can't not have this spot, you know, when we're in comparison to other locations. So, just super excited to call that our home.

All right. Thank you. Are there any other questions? Yeah. Yes, sir. So, you mentioned that this will also be your corporate headquarters and offices and so on so forth. Um, my biggest concern looking at it just, you know, off top it would be parking. You know, that's always a thing. If you how many staff would you have there typically speaking? three people, staff of three. Okay.

Um, corporate headquarters. Yeah. I mean, I office from my house, but we can only have so many meetings at the dining room table. So, there's a, you know, um, as Christian said earlier, it's the uses are are variable in the space. You know, there was formally an office area that represents about, you know, call it 2200 feet of it. And then there's the retail component of it. So, we it it's purpose-built almost ready for us to slide in. the uh improvements are dimminimous. You know, we can use a lot of the structure. But in terms of the officers and the corporate officers, our cultivation facility is in Lake City, Florida. The big amount of our staff will be there. You know, um it when I say corporate office is the place for us to meet, gather flagship.

Okay. Sure, sir. Are there any further questions? Yeah, a couple. Um so is Growhouse the name of the Grow House is the entity um is the um acquiring entity. It's the parent company. The license that we purchased was theatria. Therata theatria and we will be you know as soon as we clear our hurdles at the state and we're pretty far down the line on that we'll be uh DBA Wildflower. Wildflower. Wildflower.

Cool. Um the that building has always struck me uh because of the opaque windows on it and I know in this industry there's a lot of opaque windows in my style business and um but then right down the way a block south of you I think you have a place with open windows. Correct. And I'm curious if you have a preference on which direction you're going.

So like you know there Solid did a great job merchandising the building and and laying it out. They really kind of made it a it was a visual story of what they were as a company. For us, it's almost too much, you know. So, like on the first floor, we can't replicate that. We can't mirror that. So, you know, we have two concerns. One is security. One is visibility, you know, ambient natural light. How do we let it in the space? So, the plan right now is to take down the glass decals on the first floor. Were there actual windows? Um, we'll tint them and then we'll build uh metal louvers over the front and, you know, powder coat them over some sort of one of the complimentary colors of our logo. And

metal louvers, not like uh not like bars. Not like bars, more like fins, you know, decorative fins. A shutter. Oh, like shutter. Yeah, shutter but metal. Um, and that's so we can, you know, anchor it into place and, you know, it's got the reveals from the light standpoint. And, you know, you'll always be able to, you know, look in or look out, but just moderate. Yeah. The the reason I'm saying that is I I kind of prefer the more open view. And so that's my bias. I don't think I can require that in any way or we can vote on it. Um, but I I do think it just brings a completely different

So to to your point, I you know, every time I drive by, I look in the window, right? You're how many people are there? Um, what what does the operation look like? Um, so yeah, it's a, you know, it's a balance. It's a balance of, you know, community interface, um, patient and client privacy and discretion. Um, and so that's what we're really, you know, we have a lot of examples out there that we can study and integrate all the good elements and, you know, try to come up with, you know, best approach. Yeah. I I appreciate that a lot. I think it does it does something for that patient community to be able to, I think, shine some light on it, right? Yeah. Yeah.

Not everybody agrees with that. Not everybody in the community is going to go with it, but I appreciate your consideration about it because aside from your specific business, when I look at that building, I'm like, why is there no light going into this building? Yeah. Yeah. So, um, thanks for the questions. Absolutely. Okay. Are there any further questions? Sorry. Question.

Okay. Sorry, sir. Thank you. Thank you. Um, do any uh Sorry. Uh, it's now time to open the public hearing. So, do we have any speaker cards? No, we don't. All right. Is there anyone in the audience who has not filled out a speaker card that wishes to speak? And if so, please fill out a speaker card before you leave. All right. Hearing none, I will now close the public hearing and bring the item back to the board for discussion. Okay. Is there a motion? Motion to approve. I have a question for Mr. Copel. Can I ask that first?

Is there a second for the motion? I second the motion. Okay, we can. And now is what we uh discussed. Are there any regulations against the amount of dispensaries that can be opened at the beach since there is one that literally two doors down from this location? No, there's nothing um in the state law that has any restrictions on congregation or total number and because they are required to be treated like a pharmacy. It's just a commercial use and we would treat it the same as a Walgreens or CVS. Okay.

Okay. Okay, in that vein, for the commission's consideration, um yes, it needs to be treated like a pharmacy. Um there are two pharmacies bookending the third street um strip from 1 Avenue North to about 16th Avenue South. There's two. Any idea how many uh CBD or cannabis dispensaries we have in that block or that radius? Um I I want to say two, but positive.

Okay, we have six. If I expand that, a couple blocks down beach and a couple blocks up third, it's 10. So this is going to make 11. Um it meets every technical requirement for conditional use. I just don't think that it supports the intents, strategies, and visions of the comprehensive plan. I don't understand the one medical marijuana. I understand it's legal in Florida. I actually voted for it. I don't understand the high intensity of CBD dispensaries at the beach compared to everywhere else in Jacksonville. And I'm a little concerned that if we just say we grant keep granting conditional uses for this, we're going to wind up with an uninterrupted string of marijuana dispensaries at the beach, which I don't understand the I can't make the population work out on this because there's a built-in subset of folks at the beach, military members, who can't use it even with medical clearance, right? That's it's still federally illegal. That's my concern. Again, it meets every technical requirement. I'm concerned about the the vision of the comprehensive plan on this one.

A technical question there for you. Um, are you including in their the non-medical establishments because you mentioned CBD? There are a lot of smoke shops, vape shops that also sell these products. No, I'm not. Oh, these are purely medical. So, a smoke shop I've lost count of those, but I do not count just CBD dispensaries at like a smoke shop right now. Got it. Thank you. Please.

Um, so a big part of our research is understanding our market and um, a lot of places call themselves cannabis dispensaries and they're not. You know, the barrier of entry and the regulation is specific and I can I can tell you it's Sunburn uh on Third Street. Um, it's True Leave over here, which is Moving to the Laundry Mat by Kangaroo. It's Move, it's Sunnyside, it's Fluent on Atlantic. Um, and yeah, that's that's it. That's it for the licensed MMTC's that are out here. So, you know, I I also struggle with, you know, the advertising which we're restricted against, the marketing, the outreach, the um I don't know, the the the loophole of all of the other shocks that are out there um and the messaging that they bring to the market. Um, you know, it's our hope and anticipation that, you know, through both federal legislation and CBD and hemp products as well as local state, you know, that that's should clean itself up. You know, we can't advertise for people to come in and, you know, partake, participate, any of those things. Uh we prescribe to a highly regulated set of operating rules and we're monitored, you know, 247. Our our cameras, our interface, our sales, our inventory control, our testing, our packaging, uh you know, the requirements, they're they're very clear and there is no gray, there is no interpretation. Um and I just don't want to be categorized So, sorry to be clear, I think that you're you're again, you meet every technical requirement, right, of this.

Um, for me, it's so there's two ways to look at this, right? And so, this is for the commission. Um, one, the free market will decide this, right? Those that are not of the, you know, M, I'm sorry, MMTC um, certified and everything will naturally fade away. But there's a there's an enforcement piece that you're not responsible for that I it concerns me, right? and they know the limits on uh medical marijuana use in Florida. Um and if people are only buying it for that, then okay. Um but after buying from you, you lose control of it, frankly, right? Um, and it I I don't have any hard, you know, evidence or anything that this could be lead to something where people are reselling and stuff like that, but it's a concern of mine as we go forward because I don't believe the laws have caught up with the the right the intent really of uh medical marijuana.

I think to your point, I think the merits of what you're selling aren't necessarily for us to really get too deep into. I think more so, you know, you're saying, hey, there's seven mar seven medical marijuana shops between, you know, advertised. So, if we go with the ones that are qualified, we're still

whatever that is. And, you know, going in the vision of the comprehensive plan, you get into that and then you get into all the smoke shops, right? It's the same same kind of same argument there. You get into, you know, a mattress shop on every corner, right? It gets it gets the same. They're selling mattresses, right? It's the same thing. There's seven mattress firms at the beach. It feels, right? So like where you know so from where up here it's a little bit of what's fitting with the plan that we want to see the direction of the city go versus where it's at now whether or not it fits sometimes whether or not it fits exactly to the letter of you know the plan. Understood.

Well um it's probably the most interesting debate we've had up here in a long time. Um uh one thing I do just want to want to call out here is I mean he did mention it's an extremely heavily regulated industry. I would be coming from a similar position as the chair here if we were talking about a conditional use for yet another smoke shop because I actually think that the less regulated um sort of open uh market for a lot of those products is far more delotterious to our community than the medical grade and the medical um licensing and regulatory process that goes into that. because we all know the the smoke shops sell way more than just cigarettes and they sell CBD. They some of them sell various kinds of of cannabis that's not regulated and much easier to leak out there. So when I think of which types of businesses in a similar but not exactly similar because this again is is medical and I think we need to keep looking at it that way versus a smoke shop. But when you're looking at this particular business, this conditional use, it is for medical, it's for patients. It's extremely extremely regulated both for the people who purchase it who are in danger of criminal fines and and incarceration, I would imagine, but then also losing that license, losing that privilege. His business, I know for a fact, um, if anything were to slip there at all, he is most likely criminally liable if something were to slip. $100,000 fines. I mean, that's

So, to be clear, I have no concerns that you're doing everything completely above board and appropriately. I don't This is a uh this is a you know, are we going down a road that is consistent with the comprehensive plan for Jacksonville Beach?

And I would uh you know, I would ask you know uh up here from here I'd ask for your support. you know, you know, these are franchises or they're not franchises, they're, you know, branch offices of larger companies. Some of them are, you know, publicly traded on the Canadian stock exchange and um, you know, we made a decision to, you know, we wanted to bring it to this market and we, you know, we're not opening up a bunch of other stores right now. we're not we're we're going to focus on here and we're going to do the best job that we can and delivery and education to the market. So, you know, with that being said, um it's an industry that's here. It's an industry that's evolving. Um it's a partnership between us and the community. And you know, I recognize that completely. um you know the building owners here he's you know been owned it for 32 years from when it was a bike shop to salt life to this. So a lot of deliberation and contemplation has went into you know this site this location how we're going to operate. So, I made the choice to, yeah, we want to we want to ground zero. We don't want, you know, we want to be across from the fire station for safety. We want to be close to the town center. You know, we want to be completely transparent with our operations and how we interact with the community. And, you know, with that messaging and sharing that with you guys, I mean, we want your support. Um, and would ask for such Thank you.

Thanks. About how many people do you plan on employing at this new facility?

So, at one time, like I said earlier, three, but um depend on the operating hours, I think maybe we might max out with, you know, 10 or 12 rotating schedules. You mentioned uh security or enforcement. You know, we're obligated to keep armed guards there. We're I mean, again, we're surveiled ourselves and by the state 247. um you know um in terms of you know individual patient responsibility you know they're that's between them and their doctor. They're you know their doctor's giving them access and prescriptions and you know we're we're going to we're going to provide fulfillment for those prescriptions.

Um question for Christian. Um it kind of goes back into parking and just this space in general. Has anything anybody talked to the fire department in regards to if they have 10 or 12 staff or they got five people working and they got you know all a sudden that parking lot's full business is good parking lot's full where do people go to park that's not going to mess with the egress and ingress of the fire engines getting in and out of the fire station

and that would be something that we address at the permit stage when they have to do the renovation but currently it has I believe 12 spaces and as a retail establishment that was adequate um under the old code, I'd have to go do a little bit of math, but I mean, at this point, under the new code, they could put in, like I said, a a bike rack or, you know, find some room for a couple of uh golf cart spaces and still be able to meet the extra parking requirements. 12 plus handicap, there's on the road parking, and then we can also add parking if necessary um in the rightway to the left and to the right of the drive um for pulling heat. So yeah, you know, again, that's what makes this site work is that, you know, we we keep on site.

I just be curious even, you know, you guys going forward, Salt Life in the past, if they ever had any issues with with that overflow coming out of that parking lot and, you know, when they're throwing the lights on and coming out hot, are they is it an issue getting out to Third Street? I didn't find any records that we had any complaints on the code enforcement side, but that would probably more the traffic enforcement. So unfortunately, it's a problem you don't know about till it's till it's a problem. Yeah. Do we have any further discussion?

Amen, Mr. Chair. Um, as I'm in David's absence, I guess I'm the oldest person the person the person with the longest tenure on the on the planning commission. Um, and I I do and this is really directed more at the planners. Um, the I certainly take your point about the vision and the comprehensive plan. Um, I do based on my experience have to remind kind of the group that our comprehensive plan used to be awful like didn't really encompass a vision that had anything to do with probably you know what we're talking about now. Um and but it is important I think for the planners to remember that the comprehensive plan which is way better and much easier to you know kind of incorporate into how we do our business and how we view the community it could always be better. So the the comp plan has to continue to be a document that gets updated as the vision for the community changes. And it doesn't have to be, you know, in big ways, but how the how to make it work stuff is an ongoing kind of project. So, I certainly take the point. Um, I also think there's, and this is just my personal opinion, but there's something sort of special about salt life. It's kind of got a little piece of the beach, you know? I don't know. But but all of that is is something that you know doesn't have to do with this particular site so much as it does with the vision for the beach and how that turns into a comprehensive plan that that we can enforce. Um and I I I don't really see that we can you know that there's anything that would would preclude this based on the current comprehensive plan. So, I certainly take that point, but I just don't think that we should um take as a given that that

doesn't mean over time that going forward the comp plan might encompass a different vision and I'll shut up. Thank you. Can I a question to Christian and I saw you come off mute. Do you want to say something real quick before my question? Oh, I was just going to answer a question that came up, but please go ahead.

Um, so the state has basically framed us in how we regulate these. So in essence it is a commercial establishment. In C1 we encourage commercial establishments along arterial arterial right ofways lower intensity commercial uses which as a you know pharmacy is considered lower intense than like a restaurant or something like that. So although the perception is that it might be different, the legal definition is that it is a pharmacy and uh the comprehensive plan in my opinion supports commercialies of long and arterial and C1. I would say if there is a concern, it would be helpful in whatever motion you decide to point to that as it relates to the uh code or the comprehensive plan or something specific. So just coming at just a question on there. So from our standpoint voting wise is it and I if this wasn't a what medical marijuana shop whatever if this was another crystals and there are already seven crystal hamburger places you know from 16th to 16th

and we're adding another crystals in it's a commercial establishment it fits the everything by the letter of the law it would fit but do we want that for the beach to have seven crystal shops whether whether you know whether or not they're crystal shops owned by seven different companies They're all, you know, they're all serving small hamburgers with, you know, grilled onions on them um in a park cardboard box.

I mean, I could see where there would be potentially some other issues related to that many drive-thru facilities adjacent to each other, but um in essence, if we had, you know, every corner of every intersection wanted to be Crystals, there's really nothing that would preclude us from saying no because it is a commercial establishment. It's like um I'm trying to think of a good way to explain it. Uh in essence, if you ignore the product and just look at the use and intensity, then this is in a comparable to anything else that could be there. Because again, the the state has said we must treat it that way. Much like STVRs, we don't have the ability as an im municipality to say we think these are bad. We want them somewhere else. We're going to treat them like a liquor store or something. Now, the state has put in very specific provisions on where it can go, how far from a school, how far from um daycarees and those sort of things, but um nothing, I think, in uh the comp plan or the current land development code is designed to or would get down to the level of specificity to determine what type of drive-through restaurant we want.

Yeah. So I take your point and again sir I think you meet every technical requirement here but the reason we have the planning commission is because if it was just technical requirements it'll go from the planning staff and we'd be done. So this is my concern, right? We are we're collapsing around a a vision of the beach that is in, you know, hamburger places, bars,armacies, uh you know, CBDies. I think we need a little more diversity of businesses. And this is a conditional use. It's not if it was just allowed, it wouldn't be before us. So, it's that's my concern.

I share your concern and also because you say it's it's should be technically considered the same as any other pharmacy. It's not though. Um it's just in the eyes of the public, it's not.

And I know that um the general public at the beach, I don't think wants to have that many dispensaries uh at the beach. And six is a lot. and that this is like two doors down from another one. So, I think that we do need to be mindful about what we're allowing at the beach. And it's no disrespect to you. I appreciate you're trying to operate a a business and you've gone through all the jump through all the hoops and done all the things, but I'm not sure that the beach is is the place to have just everyone on everyone every corner because if they're conditional and they meet the technical requirements, then yeah, you can open them anywhere you want to if it meets those requirements. And I don't think we want that. So I think that we need to have some some sort of regulations in place. I know when I lived in Denver there were regulations that you could not have another one within so many miles of another one like one per block or something more than that. I forget what it was but there were like regulations in place and I think it's something that should be should be discussed at the beach. What I would share with the board is you know there's best better and you know best better and you know very best and uh from here I've had a lot of interaction with the planning department I'm a developer I've done several projects in the area um and I go for very bre you know whether it's residential homes in South Beach um oceanfront at 10th you know project after project in this area. So to all, you know, any concerns that you have, I share those same concerns as a resident of Jacksonville Beach and someone that's trying to identify and find the best solution and elevate the area as a whole. And although your concern may be that it's two doors up the road, that's exactly where I want to be because, you know, ultimately, you know, and the the capital, you know, system and the free market enterprise is, you know, the very best will succeed. And some of these larger

operators, when I talked about, you know, our approach into the market, they're, you know, their operational wos. They're hemorrhaging from overlever um opening too many storefronts and uh you know there's a it's no different than any other industry that you know gets over inflated or overhyped. There's going to be a series of expansion and contraction and so forth. And you know, period matter of fact, you know, um the one, two, three licensed MMTC's that are within, you know, a couple mile radius will not all be there. You know, it's they're not going to be there. One or two won't be there in a year. Um it's our intent to develop and fulfill that place in the market. and the facility and the location are extremely important to our organization. Um, I've shared with you what those reasons and concerns were. Um, you know, you can't win the derby with a nag. Um we're going to try to you know be you know put our best foot forward and you know operate at a very high level and and demonstrate demonstrate proficiency and confidence and you know where I would ask that you you know although your concerns are you know healthy and understood have confidence in the outcome you know because I can stand before you and say that I have a long track record in this area of doing what I say I'm going to do and having successful ventures. Um, I know the land owner does as well.

We have to I believe we have to swear you in if you'd like to speak. Please raise your right hand and state your name and address. Uh, my name is Willard B. Nicholson III. I go by Colin. Uh, my address is 8 San Juan Circle, Pontita Beach, Florida. Do you swear affirm that the testimony you're about to give in this matter is the truth, the whole truth, and nothing but the truth. So be God. Yes.

Thank you. So, I've owned the building for 30 years. I founded the American Bicycle Company, sold it about 20 years ago. Um, I've ran I've operated a business out of it for 10 years. Uh, I the guy sold it to ran a bike store there for another five years. What I can tell you is we had a high volume store there. Uh we also had parking on Third Street. When Third Street was repaved or restriped about five, six years ago, they took out parking on Third Street. Uh I also had I don't if there's another aerial, but um parking to the right of this ingress point. Um well, so it's on the left side of this picture. We had parking underneath that tree. So we could put in two more parking spaces. What I was going to say is that I've got offers from other uh operators. I've got a liquor store that wants it. I've got a retail showroom that wants it. I've got a bar and restaurant that want it. Uh I think that this is the low impact um traffic volume parking uh require for this space. So, I mean, I've got other opportunities that are out there. Uh I've been talking to this group now for three months. Um, I didn't come to this uh lightly, but I'll tell you if you look at what the other I mean, it's a retail corridor. I mean, it's uh this is going to be low parking and low patient demand. I can't I can tell you when I ran the American Bicycle Company, we'd have I mean two 300 ingress eress movements per day on a busy Saturday, busy Sunday. Um, parking is a premium and we could add two more parking spaces to it to lessen the parking load that you need. But if

we go with a liquor store or some other use that's uh used that's approved by in the CCG1 or JC1 zoning code. I mean, you're going to have a higher volume of of demand for the space. So, I just want to say we've looked at other users. We got other interest. Um we chose this group because we know that we have it is a parking challenge lot. Um but we had parking before the uh rebate was done five or so years ago. So that's all I wanted to say. If you have any questions for me, I'll answer them too. Uh did any pictures have any uh questions? Thank you sir.

Um I want to comment on just a couple of other things. I think the point made about the market balancing out the supply and demand I think is valid. Uh first of all, the second thing is of all the places that were mentioned, I don't think any of them are owned locally and managed locally. And this to me should be considered a little bit differently, I think, than a business coming in here, nobody from here, and plopping down a dispensary in our community. I think that we have an entrepreneur here. Industry may not be something that you that that some people on this uh committee or in the community in general might not like but there are also other people in the community for whom this is medicine. And people in this community may not agree with whether it is or not. But when when we're up here arguing over the you know sort of validity or the blight or whether that kind of business fits in with the comprehensive plan there are patients who are considered patients in terms of our medical industry in this state as well. So between that and the fact that this is a local entrepreneur who has been here operating businesses, I just think that we should really take that into consideration because to me, somebody coming from our community, building a business in this community is exactly what we want. Whether it's a business we agree with or not, I would be having the exact same conversation if it was a liquor store coming up here because I feel that we have plenty of liquor stores and alcohol selling establishments. So, I just wanted to say that I'd really like for us to consider that perspective as well.

Thank you. Is there any further discussion? May I have a roll call vote on the motion, please? Margot Moring, yes. Debbie Cole, no. Justin Henderson.

No. Dean Haddock. Yes. Nicholas Andrews. Nope.

The nose have it. Thanks, sir. I appreciate uh all the effort you took in explaining everything to us.

Christian, what? I'm sorry. What's the question? Uh in well I mean the your only appeal option would be through the court system. So you'd have to file in the courts.

If you want to come to the microphone, we can't hear you otherwise. Please raise your right hand and state your name and address. Tyler Hayden, 1540 Penman Road. Do you swear or affirm that the testimony you're about to give in this matter is the truth, the whole truth, and nothing but the truth. So, help you God. Yes. Thank you. Okay. So, what's the question? Okay. So, is there any way that we can reach out to community to speak because I understand you know we're getting different feedback, but just as many people that are for it are also against it. Well, at this point, the application's been denied. So you would either have to have a substantially different application for another use or wait one year before you can reapply at this location.

Okay. But the reason that we got denied isn't because of is because of ideas. Correct. It's not really because of actual law. Like we checked all the boxes. That's something you have to because we don't like marijuana, right? That's not something that we can decide. That's something that would have to be appealed through the court system if you think that they made an error.

Okay. Understand. We don't have internal process all transparency like there's a lot of bad operators. Those ones that y'all named off, they're not producing quality product. They're not there for the patients. Like we're coming in this for Jack Speech. Like we we are from Jack Speech. I saw an issue where there's patients getting horrible product and we stepped into this to say, "Hey, we want to give something good to these patients." Like we want to give a the best quality we can give for a cheap price. We're not coming in sell quality eggs for 60 bucks. We're trying to come in and sell quality aids for 35 bucks. Like we're not just producing to produce to make money. We're producing to have our name is on it. So we're producing the best that we can produce and be the best that we can be. And we're from here. Like this is this community has always been about the local and not the corporate. And y'all have already allowed all corporate in here. It's come in here. It's taken from different businesses money that's not going to pay back. There's been a lot of bad and now we're getting categorized with the bad. And we are from here. I just want to say that

I appreciate your comments. So, I know this is pretty unorthodox, but So, what does this look like going forward? You know, um we're millions and millions of dollars exposed. Okay. Our renewal fee is a million three every two years. That was just funded. We want We're from here. I live here. He lives here.

What is this? You don't want us in Jack Beach? because we're going to have to do the same dance again. So, let's be open and transparent and what is it that you're looking for? Um, so we know because this is this, you know, this is I think this is a a detriment or a knock to our business. you know, we're being procluded from operating in the free market and we're why you know what what would work for you.

It's a conditional use. That's the issue, right? So, um when you have a and Christian, I'll defer to you on that. And thank you for taking the time to have this discussion. So the conditional use I have to we the planning commission have to consider the entirety of the impact on the new use of an existing structure. Right? There is corporate or not there is another CBD dispensary one block down. The point that um the vice chair made about you know do we want an uninterrupted string of burger places or whatever. It's the same kind of issue right. So, um, is there a any place in Jacksonville Beach where a dispensary is not conditional use?

Uh, C2 commercials, pretty much anything along Beach Boulevard. Um, also what I would say is what's to keep us from opening up a companion business and opening up a smoke shop there, which is not a conditional use. I don't we don't want to, you know, that's not the objective. That's not the intent. It cannibalizes our objectives. But yeah, I understand what you're saying. We can't reopen this for consideration, Christian. Is there a path for them to resubmit?

Not reopen. It would be I mean again from our standpoint uh they could resubmit within a year or they could request something that is a substantially different um request. Uh as far as I think and again I'm not an attorney so I don't know 100% but the only thing that occurs to me is that you could choose to reopen the question since you haven't closed the meeting yet but otherwise the only path forward is going to be waiting or finding another location. So I think we had a robust discussion about this. I'm not considering reopening the question right now.

I would ask for your consideration as such and maybe we can find some common ground where you guys would be comfortable from a support standpoint.

May I ask a question? um if we were to include some language that I mean I I I I think I have been hearing sort of um a consistent view that the diversity of uses um and how that fits into the vision of Jacksonville Beach is kind of not um something that's clear in the comprehensive plan. That that's what I think I'm hearing. So if we had language that required the the city to work to have those community meetings to have that discussion to work on that I mean you know we have a decent comp plan now but we we need a better one that kind of reminded the city that they need to keep working on that. Would that I I don't know for my fellow commissioners whether that make a difference and I think that mightist might be an idea. I don't know if right now is that time.

And I guess is it even Christian? Is it something that um could be done? There could be language on conditional use that doesn't tell the applicant to do something but tells the city to do something. Um I you guys can make recommendations for changes to the comp plan development code as a body. You're one of the that's one of your powers. Um, so if you wanted to make that recommendation, I would say it would be kind of a separate thing than tying it specifically to its use. Okay. But, um, but again, like from a purely legal standpoint, our comp plan can't treat these differently than a pharmacy. So, if the intent is to have something specific for these, you're only option out and out ban.

I'm talking about diversity of uses in Jack Speech. the vision of what Jack's speech the mix of uses that is Jack speech um could could we go further into a discussion with that that's what I'm saying I'm not your desire then you can propose it to um in some sort of resolution and we take it to council and see if there's an appetite for that okay I I just I would these are all these are all remedies that are available going forward but for the current um we can't I'm not going to reopen discussion I would ask that we reopen and table it to where we could have a workshop and further discussion. Um I don't see what the harm in doing so would be. Um so Christian, I don't even know. Can we do that where they push it off for and have it work?

I mean, you've you've rendered your decision. Yeah. So, uh I'm honestly not positive how how that would work. I don't I don't know that there's an appeal process for this. Basically, not not through the city. It would be through the court system, but um Okay. There would be extreme circumstances under which you would reconsider something if there was some unknown bit of information that wasn't presented, but I don't I don't think you can simply just undo your decision and then postpone it. I'm with you on that. I I don't think there's a way we can reopen this right now.

We couldn't motion to reopen and table for further discussion rather than killing this. This was a economic impact. I I understand. I do it the but the fact remains it is a conditional use. I understand. But so is a liquor restore a bar and all these other laws. I think the point is that this is a quasi judicial hearing. They have the authority and they've rendered a decision.

Yeah. I just want to say I don't want you to take this personally. I mean appreciate that you're a local guy and you want to have a local business. I and and I don't think you should make any pass any judgments on what we believe and like and don't like as to make this decision. I think I'm looking at it from the perspective of the community and that's where I'm coming from. So I don't want you to take this person, you know, this is just how we feel and looking out for the community and what we want the beach to be. And I appreciate that you're trying to, you know, have something different and better and all that, but that's just how I'm coming from it.

And on the other side, I think we made the wrong decision here. Um, I'm really disappointed. um particularly because you are local and that I think matters a lot compared to a lot of the other businesses that are in here. It's a spirited debate. I also think uh Christian future business um I think there does need to be an appeal process that doesn't require the court system. Quite frankly, that's common in other uh uh planning commissions. That was a decision that was made not that long ago by council to not have that in the code. So, I don't think there's and now I have a reason to feel differently about it. I'm simply saying I don't know that there's a likelihood that that will change.

So, does you know through the court system, Kristen, does that mean that we file suit against the city? I would say you need to speak to an attorney and have them advise you. Okay. Thanks for your time. Thank you. believe we have another um article for consideration. U Mr. Vice Chair, can you please read the application by title? May we please hear the application for PC number 1225?

Through the chair, PC 1225 is a conditional use application for a property located at 1403rd Street North. The request is to allow the continuation of use of a gasoline service station located in the commercial limited C1 zoning district pursuant to section 34617D2 of the Jacksonville Beach Land Development Code. The subject property is located in the commercial limited C1 zoning district. It is located on the sorry is located on the northeast corner of the intersection of Third Street North and 13th Avenue North. The property is currently a commercial gasoline service station with a convenience store as well as a secondary commercial tenant space um which is kind of over here. Um the property will be changing uh to new operators and um although fuel service is a use that is now a transferable conditional use, this property has not had conditional use approval under the new code. um and one that is not on file with any previous operators. Therefore, a new conditional use is required. Uh and if approved, it could be transferable um to the next operator um or property owner unless substantial upgrades were made or any other um use request changes were made. Um but that would come back to you guys if there was a substantial change. Um the property is currently in operation as a gasoline service station and convenience store. It was originally constructed as gasoline station in 1983 uh and has undergone several renovations and additions throughout the years. It has been continuously operated as gasoline service station and convenience store since store since its construction. Uh there have been uh there was one recent code enforcement action but that was against the tenant uh in the rear tenant space not the actual uh business of the gasoline station. Um and that's

all been resolved. That was several years ago. Uh adjacent surrounding uses include uh multif family to the east within the same block uh and immediately adjacent commercial sales to the north within the same block commercial sales to the south across 13th Avenue North and office uses to the west AC across Third Street North. The gas lane service station has existed for many decades and there and has not negatively affected adjacent uses nor has it created a nuisance u based on the application and analysis of the information provided. Staff is recommending approval of PC 1225. Does any commission member have any experte in communication to disclose? All right. Will the applicant please come forward, be sworn in, and give any presentation?

Please raise your right hand and state your name and address. Yep. Jeff Frank uh Dayton or 1690 uh Dayton Beach. Do you swear or affirm that the testimony you are about to give in this matter is the truth, the whole truth, and nothing but the truth. So, help you God. Yes. Thank you. So, this uh we purchased this from Circle K about the end of uh 2003. We weren't aware of this the CUP there. So, we apologize for that, but now we're applying for it now and we're hoping to get approved. So, we just weren't told by Circle when we bought the property that we needed. So,

all right. Thank you. Um, is there anything else or does that do any commission members have any uh questions for the applicant? Yeah. Why Why are we applying for it now? Just we need it for the property to use it there to keep our business running. We weren't aware of it when we bought the property and told Curious. So, you bought it in 2003? Yes. So, in 22 years, this hasn't been an issue and now it's No, no. uh 2023. Sorry, I misspoke. Sorry about that. All right. Yeah. Why do we care now? I apologize. I misspoke. I just have a curious question. What is the What is the station? What's the name of the station?

It's a It's a Exxon Mobile gas station. It was a Circle K. It's a Kangaroo inside sea store and then the gas is uh Exxon Mobile. And yours would be the same. It's been that for the last like since we bought it in 2020 already. So we changed it. We bought it from corporate Circle K. We kept the Kangaroo Circle Kangaroo main for the inside and then we turned it into a XI mobile gas station. Yep. Sir, can I just ask the the cookies and cream sort of entrance? Is that part of the larger um or I think that's I I went by um today and I thought I saw a sign for that. Is that just part of the convenience store that is concentrating on um ice cream?

Are you talking There is units on the side of it. Are you talking about the unit? Is that part of this application? Oh, I should probably know that question. I believe this is just for the gas station for the Exxon Mobile gas station. Uh through the chair. Yeah. So, the um tenant spaces are treated as individual uses. That is an existing uh restaurant use basically with outside seating. I'm not part of not part of this at all. I apologize to all that. Thank you for that. Are there any further questions? Thank you, sir. Thank you, guys. I will now open the public hearing. Do we have any speaker cards?

Nope. All right. Is there anyone in the audience who's not fil I'm not going to read this because there's nobody else in the audience. Um, so I'm now going to close the public hearing. Is there a motion? Motion to approve. Second. Is there any further discussion? May I have a roll call vote? Margot Moring? Yes. Debbie Cole? Yes. Justin Henderson? Yes. Dean Haddock? Yes. Nicholas Andrews? Yes. Thank you. You guys need anything else from me? You guys have a nice Thank you.

So, we have uh no cases for the first meeting in August. So, unless there is uh any business I don't know about um we were uh recommending cancing that meeting and then um we have set aside September 22nd for uh training. So any pending applications will either be before or after that meeting. So it'll strictly be a workshop for you guys. We'll have the city attorney here as well as probably a few other staff members to um go through most of the usual stuff, sunshine, that kind of thing. But also we'll um you know probably have some uh opportunity for back and forth on procedural stuff like motions and reopenings and that kind of stuff that that's really his forte, the city attorney. So, um, don't really have a a specific time limit, but I would say probably an hour, um, depending on how many questions you have, but all right. Thank you. May I have a motion to adjurnn?

Motion to adjurnn. Okay, we are return.