PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AGENDA ITEM
Memo Date: November 30, 2023
Agenda Date: December 6, 2023
Prepared By: Stacey Hopper - City Planner
Through: Stockton Whitten - City Manager
Requested Action:
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Recommend approval of proposed Ordinance 25-2023, a zoning text amendment amending Appendix A, Zoning, Article XIII, Supplementary District Regulations, of the Zoning Ordinance of the City of Cocoa to add a new Section 33, Kava and Kratom, establishing distancing requirements between establishments selling Kava beverages and/or Kratom products and certain other enumerated land uses; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability, and an effective date.End
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BACKGROUND:
The applicant, City of Cocoa, is requesting the Planning and Zoning Board consider an amendment of the Appendix A, Zoning, Article XIII Supplementary District Regulations, of the Zoning Ordinance of the City of Cocoa to add a new Section 33, Kava and Kratom, and set in place distance requirements between establishments selling Kava beverages and/or Kratom products and schools, religious institutions, public parks and playgrounds.
History: Prior to this ordinance, a noticeable increase of retail outlets selling Kava and Kratom have been applying for businesses licenses within the City of Cocoa usually through smoke shops as a product for off-premise consumption. However, recently Kava and Kratom shops have been requesting Business Tax Receipts for Kava Bars and other outlets where the Kava or Kratom is served in a coffee shop or bar atmosphere for immediate on-premise consumption.
Kava known as (Piper methysticum) (also known as intoxicating pepper) is a shrub native to the South Pacific Islands. Kava is harvested for its rootstock, which contains the pharmacologically active compounds kavalactones. Kava is consumed in several ways. Kava dietary supplements are commonly sold as pills or capsules. Kava is also available as whole root, powdered root, or extracts. Kava supplements are often sold at herbal wellness shops but can also be found at commonplace grocers. Kava is also commonly sold as a beverage by the same name made from dried Kava root powder and brewed into a tea-like drink. Kava beverages are increasingly being sold recreationally for on-site consumption at Kava-beverage-based establishments due to the beverage’s euphoric effects.
According to the United States Drug Enforcement Administration (“DEA”), Kava is increasingly being used for recreational and homeopathic purposes because of the effects produced from consuming the rootstock, such as euphoria, muscle relaxation, sedation, and analgesia. The United States Food and Drug Administration (“FDA”) has not made an official determination about the efficacy of Kava as an analgesic or as a treatment for anxiety. In 2002, the FDA issued an advisory alerting consumers and healthcare providers to the potential risk of liver-related injuries associated with the use of Kava. Several cases of liver damage (hepatitis and cirrhosis) and liver failure have been associated with commercial extract preparations of Kava. Consumption of Kava may produce side effects such as decreased coordination and fatigue. Kava potentiates the effects of alcohol, including the impairments caused by alcohol. Kava is not a controlled substance in the United States. Due to concerns of liver toxicity, Kava is subject to regulatory controls in many countries including Australia, Canada, France, Germany, Japan, Malaysia, Norway, Poland, Singapore, South Africa, Sweden, Switzerland, and the United Kingdom.
Kratom (Mitragyna speciosa) is a tropical tree native to Southeast Asia. According to the DEA, consumption of Kratom leaves produces stimulant effects in low doses, analgesic and euphoric effects at mid-level doses, and depressant effects at high doses. According to the Mayo Clinic, Kratom is a highly addictive substance. Studies have shown that people who consume Kratom for over six months experience withdrawal symptoms similar to those experienced during opioid withdrawal. According to the Mayo Clinic, as with other recreational drugs, it is possible to overdose on Kratom. Symptoms of and treatment for Kratom overdoses mirror those for opioid overdoses. Kratom is the known cause of at least 36 overdose deaths. The FDA has not approved Kratom for any medical use. The DEA has listed Kratom as a Drug of Chemical Concern. Medical literature has shown that not only is Kratom addictive, Kratom use is associated with a clear set of effects and side effects ranging from dry mouth and insomnia to hallucinations, delusion, confusion, and withdrawal symptoms (including symptoms of limb spasticity, hostility, aggression, and emotional instability). Kratom is regulated as a controlled substance in Thailand, Malaysia, and Myanmar, where the plant is a native species. Despite the dangers of Kratom use, Kratom products are promoted as legal psychoactives. There is an increasing prevalence in establishments which sell Kratom, including establishments which sell Kratom for on-site consumption.
Ordinance 25-2023, proposes minimum distances between the locations selling these potentially addictive substances, specifically Kava beverages and any form of Kratom, and gathering places where the youth of the city congregate.
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Project Name: |
Zoning Ordinance Text Amendment - Kava and Kratom, Ordinance 25-2023 |
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Project No.: |
PZ-23-02000013 |
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Meeting Date: |
December 6, 2023 |
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Applicant: |
City of Cocoa |
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Property Owner: |
N/A |
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Project Location: |
Various Zoning Districts |
Future Land Use Designation: Various
Zoning District: Various
Existing Land Use: N/A
Council District: City wide
Legal Ad Date: November 21, 2023
I. Zoning Ordinance Amendment Analysis
In accordance with Section 1(G)(2), Article XXII, Appendix A (Zoning), of the Code of the City of Cocoa, the Planning and Zoning Board shall consider and study the following when an amendment to the zoning code is proposed:
a. The need and justification for the change.
b. The relationship of the proposed amendment to the purposes and objective of the comprehensive planning programs and to the comprehensive plan, with appropriate consideration as to whether the proposed changes will further the purposes of [the] zoning code and other codes, regulations, and actions designed to implement the comprehensive plan.
Need and justification for change
Need: Because of the new and changing cultural acceptance of Kava and Kratom and the lack of current ordinances of the City addressing these substances, in addition to the dearth of federal regulations in place to identify Kava and Kratom as controlled substances, Ordinance 25-2023 is proposed to limit access to these products through distancing the establishments selling or serving them from areas where the youth of the city congregate.
Justification: Due to the potentially harmful health effects of Kava and the lack of significant medical studies on the long-term effects of Kava use, and the harmful effects of Kratom use, including its addictive nature and hallucinogenic side effects, it is in the best interest of the youth of the City of Cocoa to have limited exposure to Kava beverages and Kratom products.
In recognizing the dangers Kratom consumption poses to youth, the Florida Legislature has codified Florida Statutes § 500.92 (2023), the Florida Kratom Consumer Protection Act, which makes it unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, any Kratom product to a person under 21 years of age.
Summary: In summary, the City desires to ensure that the youth of the City of Cocoa are limited in their exposure to Kava and Kratom and do not have easy access to these products, therefore it is recommended that, until the such time as Federal Legislation catches up to the evolving culture surrounding these potentially harmful and addictive drugs, physical distancing as recommended by this Ordinance be put in place to limit youth exposure to these substances.
Following Staff Analysis, the proposed Ordinance, attached as Exhibit A, Ordinance 25-2023 is recommended to the Planning and Zoning Board.
If approved, the proposed Ordinance will not impact establishments selling Kava beverages or any form of Kratom for off or on-premise consumption outside of a 500’ exclusion zone around a school, church, public park or playground as measured from the nearest edge of the property boundaries.
Relationship and consistency with Comprehensive Plan Policies and Objectives
The proposed ordinance will limit the locations where Kava beverage and Kratom sellers within the City of Cocoa may locate. Schools, religious institutions, (churches, mosques, and synagogues), public parks and playgrounds exist with the fabric of existing neighborhoods, therefore limiting access to Kava and Kratom is in line with the following objective of the Comprehensive Plan.
• Objective 1.1.5 Neighborhood Protection - The City shall ensure that additional growth and development will be respectful of established neighborhoods the define much of the City’s character.
STRATEGIC PLAN CONNECTION:
N/A
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
Location restrictions on the sale of alcoholic beverages in relation to the distances to churches, schools and daycares can be found in the City of Cocoa code in the following ordinances: No. 2-79, § 10, 3-6-79; Ord. No. 13-05, § 3, 5-10-05.
RECOMMENDED MOTION:
Recommendation
Staff recommends that the Planning and Zoning Board recommend approval of Ordinance 25-2023 as presented.