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HomeMy Public PortalAbout1767-Pharmaceutical Sales Special ExceptionORDINANCE NO. 1767 AN ORDINANCE PROVIDING FOR ESTABLISHMENT OF A SPECIAL EXCEPTION FOR PHARMACEUTICAL SALES IN THE COMMERCIAL (C-1) DISTRICT; AMENDING SUBSECTION (F) OF SECTION 102-129 OF ARTICLE VII, CHAPTER 102, LAND USE REGULATIONS; PROVIDING FOR ESTABLISHMENT OF A SPECIAL EXCEPTION FOR PHARMACEUTICAL SALES IN THE COMMERCIAL (C-2) DISTRICT; PROVIDING FOR ESTABLISHMENT OF A SPECIAL EXCEPTION FOR PHARMACEUTICAL SALES IN THE DOWNTOWN MIXED USE (DMU) DISTRICT; AMENDING SUBSECTION (H) OF SECTION 102-129 OF ARTICLE VII, CHAPTER 102, LAND USE REGULATIONS; PROVIDING FOR ESTABLISHMENT OF A SPECIAL EXCEPTION FOR PHARMACEUTICAL SALES IN THE INDUSTRIAL (M-1) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA: SECTION 1 — AUTHORITY. Pursuant to Chapter 163 of the Florida Statutes, the City of Crestview possesses the authority to enact land development regulations necessary and desirable to implement the City's adopted comprehensive plan, including' regulation of the use of land and ensuring safe and convenient onsite traffic flow. SECTION 2 — CREATION OF SPECIAL EXCEPTION FOR PHARMACEUTICAL SALES IN COMMERCIAL (C-1) DISTRICT. Within subsection (f) of Section 102-129 of Article VII, Chapter 102, Land Use Regulations, there is hereby created the following sub -section: (8) Special Exceptions. After review of an application and plans by the Community Development Services director or designee, the following may be approved as special exceptions: a. Stores manufacturing selling, leasing or renting pharmaceutical equipment, supplies and consumables, including prescription and non-prescription medicines and holistic medicine supplies, and Medical Marijuana Treatment Centers licensed by the State of Florida, provided the following requirements are met: 1. Minimum Lot Size Requirements The minimum required lot size is 32,670 square feet. 2. Building Size Requirements. i. Floor Area. The minimum building size is 2,500 square feet floor area. The "floor area" of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The "floor area" of a building shall include basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade level where curb level has not been established, elevator shafts and stairwells at each floor, floor space usedfor mechanical equipment — except equipment, open or enclosed, located on the roof — penthouses, attic space having headroom of seven feet, ten inches or more, interior balconies and mezzanines, and enclosed porches, and floor area devoted to accessory uses. Pane 64of99 However, any space devoted to off-street parking or loading shall not be included in "floor area." ii. Floor Area Ratio. The maximum building size is limited by a floor area ratio of 0.10. The "floor area ratio" of the building on any lot is the floor area of the building on that lot divided by the area of such lot. 3. Minimum Yard Requirements. The minimum required front, side and rear yards shall meet the requirements of the C-1 zoning district. 4. Minimum Off -Street Parking and Loading Requirements; Location. The parking and loading requirements shall be as follows: i. One space for each 150 square feet of floor area, plus one space per employee on the largest staffed shift. When calculation of the number of required parking spaces results in a fractional number, a fraction of less than one-half shall be disregarded and a fraction of one-half or more shall be rounded to the next highest whole number. Employee parking shall be designated by permanent signage. ii. Provisions for off-street loading and member of required berths shall be made in accordance with Article VIII of the Land Use Regulations. On -street loading or unloading is prohibited. Loading areas shall not obstruct pedestrian pathways. iii. Parking spates shall meet the minimum size set forth in Article VIII. iv. All driveways, access aisles and parking spaces shall be surfaced in paver bricks, concrete or asphalt. Wheel stops are required for each parking space. v. Parking and loading spaces are prohibited in landscape buffers, easement areas, and right of way areas. vi. The provision of parking spaces and passenger loading areas for persons who have disabilities is governed by Chapter 553, Florida Statutes. vii. All required parking shall be provided on the same lot or project as the principal use. The location of required parking spaces shall not interfere with normal traffic flow or with the operation of queuing and backup areas. A minimum queuing distance of 25 feet is required between the property line and the first parking space. viii. Off -site parking shall not be used to determine compliance with minimum parking spaces set forth in this section. ix. A minimum of ten percent of the required parking spaces shall be located at the side or rear of each building it is intended to serve. A public pedestrian walk shall connect all parking areas to a facility entrance. Such pedestrian access way shall be a minimum of four feet in width, clearly marked, well lit, and unobstructed. 5. Number of Structures. Only one structure may be located on the parcel. 6. Landscaping and Buffering. Article XXIII of the Land Use Regulations applies to the uses authorized as special exceptions, except that any exemptions set forth in Section 102-572 shall not apply. 7. Site and Development Plan Review. Site and development plan review shall be required. 8. Outdoor Refuse Collection and Storage Areas. No outdoor refuse collection or storage area shall be located in a street yard, and all such areas shall maintain a minimum setback of ten feet from any lot line and shall be enclosed and on a paved or concrete surface. Pane 65 of 99 SECTION 3 — AMENDMENT OF SUBSECTION (F) OF SECTION 102-129 OF ARTICLE VII, CHAPTER 102, LAND USE REGULATIONS. Subsection (f) of Section 102-129 of Article VII, Chapter 102, Land Use Regulations is hereby amended as follows to delete apothecaries and pharmacies as permitted uses in the C-1 district: (t) C-1 (commercial district). Within. any C-1 commercial district, no building, structure, land or water shall be used except for one or more of the following uses: (1) Uses permitted. a. Apotheea. ..hops and phar t,acie:. SECTION 4 — CREATION OF SPECIAL EXCEPTION FOR PHARMACEUTICAL SALES IN DOWNTOWN COMMERCIAL (C-2) DISTRICT. Within subsection (g) of Section 102-129 of Article VII, Chapter 102, Land Use Regulations, there is hereby created the following sub -section: (8) Special Exceptions. After review of an application and plans by the Community Development Services director or designee, the following may be approved as special exceptions: a. Stores manufacturing selling, leasing or renting pharmaceutical equipment supplies and consumables, including prescription and non-prescription medicines and holistic medicine supplies, and Medical Marijuana Treatment Centers licensed by the State of Florida, provided the following requirements are met: 1. Minimum Lot SizeRequirements. The minimum required lot size is 32,670 square feet. 2. Building Size Requirements. i. Floor Area. The minimum building size is 2,500 square feet floor area. The "floor area" of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The "floor area" of a building shall include basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade level where curb level has not been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment — except equipment, open or enclosed, located on the roof — penthouses, attic space having headroom of seven feet, ten inches or more, interior balconies and mezzanines, and enclosed porches, and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in "floor area." ii. Floor Area Ratio. The maximum building size is limited by a floor area ratio of 0.10. The "floor area ratio" of the building on any lot is the floor area of the building on that lot divided by the area of such lot. 3. Minimum Yard Requirements. The minimum required front, side and rear yards shall meet the requirements of the C-2 zoning district. 4. Minimum O f-Street Parking and Loading Requirements; Location. The parking and loading requirements shall be as follows: i. One space for each 150 square feet of floor area, plus one space per employee on the largest staffed shift. When calculation of the number of required parking spaces results in a fractional number, a fraction of less than one-half shall be disregarded and a fraction of one-half or more shall be roundedto the next highest whole number. Employee parking shall be designated by permanent signage. Pane 66 of 99 ii. Provisions for off-street loading and number of required berths shall be made in accordance with Article VIII of the Land Use Regulations. On -street loading or unloading is prohibited. Loading areas shall not obstruct pedestrian pathways. iii. Parking spaces shall meet the minimum size set forth in Article VIII. iv. All driveways, access aisles and parking spaces shall be surfaced in paver bricks, concrete or asphalt. Wheel stops are required for each parking space. v. Parking and loading spaces are prohibited in landscape buffers, easement areas, and right of way areas. vi. The provision of parking spaces and passenger loading areas for persons who have disabilities is governed by Chapter 553, Florida Statutes. vii. All required parking shall be provided on the same lot or project as the principal use. The location of required parking spaces shall not interfere with normal traffic flow or with the operation of queuing and backup areas. A minimum queuing distance of 25 feet is required between the property line and the first parking space. viii. Off -site parking shall not be used to determine compliance with minimum parking spaces set forth in this section. ix. A minimum of ten percent of the required parking spaces shall be located at the side or rear of each building it is intended to serve. A public pedestrian walk shall connect all parking areas to a facility entrance. Such pedestrian access way shall be a minimum of four feet in width, clearly marked, well lit, and unobstructed. 5. Number of Structures. Only one structure may be located on the parcel. 6. Landscaping and Buffering. Article XXIII of the Land Use Regulations applies to the uses authorized as special exceptions, except that any exemptions set forth in Section 102-572 shall not apply. 7. Site and Development Plan Review. Site and development plan review shall be required. 8. Outdoor Refuse Collection and Storage Areas. No outdoor refiise collection or storage area shall be located in a street yard, and all such areas shall maintain a minimum setback of ten feet from any lot line and shall be enclosed and on a paved or concrete surface. SECTION 5 — CREATION OF SPECIAL EXCEPTION FOR PHARMACEUTICAL SALES IN DOWNTOWN MIXED USE (DMU) DISTRICT. Within subsection (h) of Section 102-129 of Article VII, Chapter 102, Land Use Regulations, there is hereby created the following sub -section: (9) Special Exceptions. After review of an application and plans by the Community Development Services director or designee, the following may be approved as special exceptions: a. Stores manufacturing selling, leasing or renting pharmaceutical equipment, supplies and consumables, including prescription and non-prescription medicines and holistic medicine supplies, and Medical Marijuana Treatment Centers licensed by the State of Florida, provided the following requirements are met: 1. Minimum Lot Size Requirements. The minimum required lot size is 32,670 square feet. 2. Building Size Requirements. i. Floor Area. The minimum building size is 2,500 square feet floor area. The "floor area" of a building is the sum of the gross horizontal areas of the several Pane 67 of 99 floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The "floor area" of a building shall include basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade level where curb level has not been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment — except equipment, open or enclosed, located on the roof — penthouses, attic space having headroom of seven feet, ten inches or more, interior balconies and mezzanines, and enclosed porches, and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in "floor area." ii. Floor Area Ratio. The maximum building size is limited by a floor area ratio of 0.10. The "floor area ratio" of the building on any lot is the floor area of the building on that lot divided by the area of such lot. 3. Minimum Yard Requirements. The minimum required front, side and rear yards shall meet the requirements of the DMU zoning district. 4. Minimum Off -Street Parking and Loading Requirements; Location. The parking and loading requirements shall be as follows: i. One space for each 150 square feet of floor area, plus one space per employee on the largest staffed shift. When calculation of the number of required parking spaces results in a fractional number, a fraction of less than one-half shall be disregarded and a fraction of one-half or more shall be rounded to the next highest whole number. Employee parking shall be designated by permanent signage. ii. Provisions for off-street loading and number of required berths shall be made in accordance with Article VIII of the Land Use Regulations. On -street loading or unloading is prohibited. Loading areas shall not obstruct pedestrian pathways. iii. Parking spaces shall meet the minimum size set forth in Article VIII. iv. All driveways, access aisles and parking spaces shall be surfaced in paver bricks, concrete or asphalt. Wheel stops are required for each parking space. v. Parking and loading spaces are prohibited in landscape buffers, easement areas, and right of way areas. vi. The provision of parking spaces and passenger loading areas for persons who have disabilities is governed by Chapter 553, Florida Statutes. vii. All required parking shall be provided on the same lot or project as the principal use. The location of required parking spaces shall not interfere with normal traffic flow or with the operation of queuing and backup areas. A minimum queuing distance of 25 feet is required between the property line and the first parking space. viii. Off -site parking shall not be used to determine compliance with minimum parking spaces set forth in this section. ix. A minimum of ten percent of the required parking spaces shall be located at the side or rear of each building it is intended to serve. A public pedestrian walk shall connect all parking areas to a facility entrance. Such pedestrian access way shall be a minimum of four feet in width, clearly marked, well lit, and unobstructed. 5. Number of Structures. Only one structure may be located on the parcel. 6. Landscaping and B ffering. Article XXIII of the Land Use Regulations applies to the Pane GB of 99 uses authorized as special exceptions except that any exemptions set forth in Section 102-572 shall not apply. 7. Site and Development Plan Review. Site and development plan review shall be required. 8. Outdoor Refuse Collection and Storage Areas. No outdoor refuse collection or storage area shall be located in a street yard, and all such areas shall maintain a minimum setback of ten feet from any lot line and shall be enclosed and on a paved or concrete surface. SECTION 6 - AMENDMENT OF SUBSECTION (H) OF SECTION 102-129 OF ARTICLE VII, CHAPTER 102, LAND USE REGULATIONS. Subsection (h) of Section 102-129 of Article VII, Chapter 102, Land Use Regulations is hereby amended as follows to delete apothecaries and pharmacies as permitted uses in the DMU district: (h) DMU (Downtown mixed used district): Within the DMU district, no building, structure, land o water shall be used except for one or more of the following uses: (1) Uses permitted. a. Apothecary shopsIpharmaeies: SECTION 7 - CREATION OF SPECIAL EXCEPTION FOR PHARMACEUTICAL SALES IN INDUSTRIAL (M-1) DISTRICT. Within subsection (i) of Section 102-129 of Article VII, Chapter 102, Land Use Regulations, subsection 3 is hereby amended as follows: (3) Special Exceptions. After review of an application and plans by the planning director Community Development Services director or designee, and subsequent approval by the planning commission and beard -of -adjustment; the following may be approved as special exceptions: a. Construction and demolition landfills. b. Stores manufacturing selling, leasing or renting pharmaceutical equipment, supplies and consumables, including prescription and non-prescription medicines and holistic medicine supplies, and Medical Marijuana Treatment Centers licensed by the State of Florida, provided the following requirements are met: 1. Minimum Lot Size Requirements. The minimum required lot size is 32,670 square feet. 2. Building Size Requirements. i. Floor Area. The minimum building size is 2,500 square feet floor area. The "floor area" of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The "floor area" of a building shall include basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade level where curb level has not been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment — except equipment, open or enclosed, located on the roof penthouses, attic space having headroom of seven feet, ten inches or more, interior balconies and mezzanines, and enclosed porches, and floor area devoted to accessory uses. I-lowever, any space devoted to off-street parking or loading shall not be included in "floor area." ii. Floor Area Ratio. The maximum building size is limited by a floor area ratio of 0.10. The "floor area ratio" of the building on any lot is the floor area of the Pane 69 of 99 building on that lot divided by the area of such lot. 3. Minimum Yard Requirements. The minimum required front, side and rear yards shall meet the requirements of the M-1 zoning district. 4. Minimum O f-Street Parking and Loading Requirements; Location. The parking and loading requirements shall he as follows: i. One space for each 150 square feet of floor area, plus one space per employee on the largest staffed shift. When calculation of the number of required parking spaces results in a fractional number, a fraction of less than one-half shall be disregarded and a fraction of one-half or more shall be rounded to the next highest whole number. Employee parking shall be designated by permanent signage. ii. Provisions for off-street loading and number of required berths shall be made in accordance with Article VIII of the Land Use Regulations. On -street loading or unloading is prohibited. Loading areas shall not obstruct pedestrian pathways. iii. Parking spaces shall meet the minimum size set forth in Article VIII. iv. All driveways, access aisles and parking spaces shall be surfaced in paver bricks, concrete or asphalt. Wheel stops are required for each parking space. v. Parking and loading spaces are prohibited in landscape buffers, easement areas, and right of way areas. vi. The provision of parking spaces and passenger loading areas for persons who have disabilities is governed by Chapter 553, Florida Statutes. vii. All required' parking shall be provided on the same lot or project as the principal use. The location of required parking spaces shall not interfere with normal traffic flow or with the operation of queuing and backup areas. A minimum queuing distance of 25 feet is required between the property line and the first parking space. viii. Off -site parking shall not be used to determine compliance with minimum parking spaces set forth in this section. ix. A minimum of ten percent of the required parking spaces shall be located at the side or rear of each building it is intended to serve. A public pedestrian walk shall connect all parking areas to a facility entrance. Such pedestrian access way shall be a minimum of four feet in width, clearly marked, well lit, and unobstructed. 5. Number of Structures. Only one structure may be located on the parcel. 6. Landscaping and Buffering. Article XXIII of the Land Use Regulations applies to the uses authorized as special exceptions, except that any exemptions set forth in Section 102-572 shall not apply. 7. Site and Development Plan Review. Site and development plan review shall be required. 8. Outdoor Refuse Collection and Storage Areas. No outdoor refuse collection or storage area shall be located in a street yard, and all such areas shall maintain a minimum setback of ten feet from any lot line and shall be enclosed and on a paved or concrete surface. SECTION 8 — SEVERABILITY If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without Pane 70of99 the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 9 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 10 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 11 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 12 — EFFECTIVE DATE. This ordinance shall take effect on the sixth business day following adoption, unless the Mayor decides to exercise the veto power in writing after adoption. PASSED AND ADOPTED ON SECOND READING BY CIE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE / 31LZ DAY OF LPL.(, , 2020. ATTEST: ELIZABETH M. ROY City Clerk APPROVED BY ME THIS WHITTEN Mayor DAY OF Pane 71 of 99