HomeMy WebLinkAboutOrdinance No. 04-2018 1 ORDINANCE NO. 04-2018
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 PROVIDING FOR THE LOCATION OF PHARMACIES
6 AND MEDICAL MARIJUANA TREATMENT CENTER
7 DISPENSING FACILITIES WITHIN THE CITY;
8 PROVIDING FOR THE REPEAL OF PRIOR
9 INCONSISTENT ORDINANCES AND RESOLUTIONS,
10 INCORPORATION INTO THE CODE, SEVERABILITY
11 AND AN EFFECTIVE DATE.
12
13 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
14 State Constitution, to exercise any power for municipal purposes, except when expressly
15 prohibited by law; and
16
17 WHEREAS, in 2016, Florida voters approved the Florida Right to Medical Marijuana
18 Initiative ("Amendment 2"), which amended the Florida Constitution to authorize "Medical
19 Marijuana Treatment Centers"; and
20
21 WHEREAS, the Florida Legislature passed SB 8-A, amending Section 381.986,
22 Florida Statutes, in the 2017 Special Session, approved by the Governor on June 23,
23 2017, which implemented Amendment 2 and which further contains specific preemption
24 provisions regarding dispensary facilities of medical marijuana treatment centers; and
25
26 WHEREAS, specifically, SB 8-A provides that a municipality may, by ordinance, ban
'27 medical marijuana treatment center dispensing facilities from being located within the boundaries
28 of that municipality, but that a municipality that does not ban dispensing facilities may not place
29 specific limits either on the number of dispensing facilities that may locate in the municipality and,
30 further,may not enact ordinances for permitting or determining the location of dispensing facilities
31 which are more restrictive than its ordinances permitting or determining the locations for
32 pharmacies licensed under chapter 465, Florida Statutes; and
33
34 WHEREAS, the City Council previously in Ordinance 11-2017 enacted a ban on
35 medical marijuana treatment center dispensing facilities, prohibiting them from locating in the
36 City, with the direction that the City Council may, at some time in the future, reconsider the ban;
37 and
38
39 WHEREAS, the City Council now desires to reconsider the prohibition on
40 medical marijuana treatment center dispensing facilities previously enacted in Ordinance
41 11-2017 to allow for such dispensing facilities in certain locations where pharmacies are
42 permitted in the C-1 and C-2 zoning districts within the A1A Economic Opportunity Overlay
43 District; and
44
45 WHEREAS, the City Council, with the concurrence of the Planning and Zoning Board,
46 has determined that pharmacies and medical marijuana treatment center dispensing facilities are
47 likely to attract customers from beyond the City limits and to generate a significant number
48 of traffic trips, particularly with delivery of the controlled substances to be dispensed being
49 permitted pursuant to Florida Statutes; and
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Ordinance No.04-2018
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1 WHEREAS, because of the trips likely to be generated by such uses, the City
2 Council desires to limit the permissible locations for pharmacies and medical marijuana
3 treatment center dispensing facilities to properties that are adjacent or contiguous to
4 Highway A1A (a.k.a. Astronaut Boulevard and N. Atlantic Avenue south of International
5 Drive), which is better suited to accommodate the traffic that will be generated than other parts
6 of N. Atlantic Avenue generally running northeast from Highway A 1 A to George King
7 Boulevard; and
8
9 WHEREAS, properties along the portion of N. Atlantic Avenue generally running
10 northeast of Highway A 1 A to George King Boulevard, which are mostly residential in nature
11 with wide sidewalks and biking paths and a 25 mph speed limit designed to encourage pedestrian
12 and bicycle transportation, are not well-suited to traffic-intensive uses; and
13
14 WHEREAS, the City Council therefore determines that it is in the best interests of the
15 public health, safety and welfare of the citizens of Cape Canaveral to allow pharmacies and
16 medical marijuana treatment center dispensing facilities within the boundaries of the City,
17 subject to the limitations specifically provided herein.
18
19 NOW, THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
20 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS:
21
22 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
23 this reference as legislative findings and the intent and purpose of the City Council of the City of
24 Cape Canaveral.
25
26 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape
27 Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
28 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
29 of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the
30 asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
31 to adoption of this Ordinance:
32
33
34 Chapter 110—ZONING
35
36 * * *
37 ARTICLE I.— IN GENERAL
38 * * *
39
40 Sec. 110-1. —Definitions.
41
42 * * *
43
44 (begining of underlined text) (begining of italics text) Pharmacy (end of italics text) means an establishment licensed by and in good standing with the State of Florida as
45 a community pharmacy, as defined in Chapter 465, Florida Statutes, that may dispense Schedule
46 II and III controlled substances. (end of underlined text)
47
48 * * *
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Ordinance No.04-2018
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2 ARTICLE IX.—SUPPLEMENTARY DISTRICT REGULATIONS
3
4 * * *
5
6 DIVISION 1.—GENERALLY
7
8 * * *
9
10 Sec. 110-489.- Pain management clinic (begining of strikeout text) and medial marijuana treatment center dispensing
11 facility (end of strikeout text) regulations.
12 (1) Pain management clinics may only be permitted by special exception in the C-1, C-2 and
13 M-1 zoning districts, subject to the general conditions for special exceptions and subject to
14 the following requirements:
15 * * *
16 (r) (begining of italics text) Single special exception application/Single classification of special exception. (end of italics text) Only
17 one special exception may be issued for a location or any single building and only under
18 a single classification for (begining of strikeout text) either (end of strikeout text) a pain management clininc (begining of strikeout text) or medical marijuana treatment
19 center. (end of strikeout text)
20 * * *
21 (2) (begining of strikeout text) Medical marijuana treatment center dispensing facilities shall be prohibited from locating in
22 any district of the city. (end of strikeout text)
23
24 * * *
25
26 ARTICLE X.—AlA ECONOMIC OPPORTUNITY OVERLAY DISTRICT
27
28 * * *
29 DIVISION 1.—GENERALLY
30
31 * * *
32
33 Sec. 110-587. - Applicability.
34 (1) The District is a commercial corridor of approximately one and three-quarter miles,
35 generally centered on both A 1 A (Astronaut Boulevard) and N. Atlantic Avenue and
36 recognized as extending from the entrance to the City of Cape Canaveral on the north to Grant
37 Avenue on the south.
38 (2) The area of the district along A1A is intended to serve as the main gateway into the City of
39 Cape Canaveral. The area of the district along Central Boulevard is intended to serve as the
40 main street to the City of Cape Canaveral's Town Center and as a transition between the land
41 use, circulation, and streetscape along A1A and the Town Center. This District is intended to
42 have the most intensive commercial and residential uses within the City. The EOOD is meant
43 to provide a lively and attractive interface between the proposed Town Center and the adjacent
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1 residential communities, while maintaining a primarily commercial street frontage along
2 A1A,N. Atlantic Avenue and Central Boulevard.
3 (3) The streets will have a retail/commercial service atmosphere with small or large
4 neighborhood stores at street level and apartments or offices on upper stories. The retail
5 composition of the district shall include,but not be limited to,retail stores,personal services,
6 hotels, cultural facilities, hospitals, clinics, pharmacies, (begining of underlined text) medical marijuana treatment center
7 dispensing facilities, (end of underlined text) convenience stores with gas, high-tech manufacturing, entertainment,
8 and eating establishments including rooftop restaurants that serve the EOOD as well as stores,
9 eating establishments, and business services (printing, accounting, etc.) that serve the other
10 businesses and office users in the area. Residential uses shall be permitted within the District;
11 however, shall be limited to upper stories along A1A, N. Atlantic Avenue and Central
12 Boulevard within the District.
13 (4) The main street component of the District is intended to provide a mixed-use,
14 pedestrian-oriented focus for the proposed Town Center, with land uses serving Town
15 Center residents and visitors. This sub-district provides the City of Cape Canaveral with a
16 small-town style walkable center that is convenient, useful, safe and attractive for
17 pedestrians and lively, yet relaxed. Small-scale retail and other commercial uses shall
18 occupy as much of the ground floor frontages along Central Boulevard as the market will
19 bear. Upper stories shall be office or residential along these main streets. This district
20 also shall provide the potential for continuum-of-care developments including
21 opportunities for aging in place and include such uses as independent, assisted living and
22 skilled care facilities.
23 * * *
24 DIVISION 2.—ADMINISTRATION
25
26 * * *
27
28 Sec. 110-609. - Use matrix.
29 The District is intended to serve as both the main gateway area into the City as well as
30 the main street to the City's proposed Town Center. The following land use matrix (Table 1)
31 identifies the uses which are permitted by right (P), permitted by a special exception (SE), or
32 not allowed(NA).
Table 1. Land Use Matrix
Uses (not a complete listing)* C-1 C-2 M-1
Retail P P P 1
Personal Services P P SE 1
Hotels and Motels P P 1 P
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Banks P P SE 1
Waterfront Restaurant P P SE
Assisted Living Facility SE SE 1 NA
Pharmacies/ (beging of underlined text) Medical Marijuana Treatment Center Dispensing
Facilities (end of underlined text) 2 3
P NA
Flex Space(office, showroom, warehouse) 2 SE SE P
Convenience Store w/Gas 2 SE SE P
High-tech/Light Manufacturing 2 SE P P
Warehousing 2 NA SE P
Off-site Cruise Ship Parking Accessory to Hotels and Motels 2 SE SE SE
Commercial Parking Facility (minimum lot size of 5 acres) NA NA SE
Port of Call Facility[Permitted pursuant to a Development P P P
Agreement (DA)] 1 (w/DA) (w/DA) (w/DA)
Attraction and Destination Uses 1 PD PD PD
Mixed-use Development uses (i.e. Town Center) 1 PD PD PD
1
2 1 Added use.
3 2 Use included to clarify intent of code.
4 3 (begining of underlined text) Shall be permitted only on properties adjacent to or contiguous with Highway A1A (a.k.a.
5 Astronaut Boulevard and N. Atlantic Avenue south of International Drive). For purposes
6 herein, a pharmacy shall include any use where a pharmacy is included as an accessory use or
7 department of the principal use. Medical marijuana treatment center dispensing facilities
8 shall not be located within 500 feet of the real property that comprises a public or private
9 elementary, middle or secondary school, or as otherwise provided in Chapter 381,
10 Florida Statutes, as may hereafter be amended. (end of underlined text)
11 *Uses not specifically listed may be approved as a Planned Development (PD).
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2
3 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
4 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
5 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
6
7 Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Cape
8 Canaveral City Code and any section or paragraph, number or letter and any heading may be
9 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
10 like errors may be corrected and additions,alterations and omissions,not affecting the construction
11 or meaning of this Ordinance and the City Code may be freely made.
12
13 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
14 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
15 competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall
16 be deemed a separate, distinct and independent provision, and such holding shall not affect the
17 validity of the remaining portions of this Ordinance.
18
19 Section 6. Effective Date. This Ordinance shall become effective immediately upon
20 adoption by the City Council of the City of Cape Canaveral, Florida.
21
22 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of
23 June 2018
24
25 Seal of Cape Canaveral, Florida Signature
26 Bob Hoog, Mayor
27
28 ATTEST For Against
29
30 Signature Mike Brown Motion
31
32 Mia Goforth, CMC Robert Hoog x
33 City Clerk
34 Wes Morrison x
35 First Advertisement: May 3, 2018
36 First Hearing: May 15, 2018 Rocky Randels x
37 Second Advertisement: June 7, 2018
38 Second Hearing: June 19, 2018 Angela Raymond Second
39
40 Approved as to legal form and sufficiency
41 for the City of Cape Canaveral only by:
42 Signature
43
44 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No.04-2018
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