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HomeMy WebLinkAboutVI(A3) Ordinance No. 98-32, Relating To Location Of Alcoholic Beverages Agenda 12-01-98 Agenda 11-17-98 VIA 3 "CENTER OF GOOD LIVING-PRIDE OF WEST OR "I A 3 ItMMAAYOR•Sk COMMISSIONER S. SCOTT VANDERGRIFT O� Ocoee ' COMMISSIONERS f CITY OF OCOEE DANNYHOWELL 'ry/, �� SCOTT ANDERSON ., ` ti 150 N.LAKESHORE DRIVESCOTT A.GLASS v p OCOEE,FLORIDA 34761-2258 NANCY J.PARKER :+ (:5_. ?v (407)656-2322 CITY MANAGER yfF'P OP G000`��` ELLIS SHAPIRO STAFF REPORT DATE: November 10, 1998 TO: The Honorable Mayor and City Commissioners FROM: Abra E. Home, AICP, Principal Planner , THROUGH: Russell B. Wagner, AICP, Director of Planning SUBJECT: Ordinance No. 98-32: The Location Requirements or Alcoholic Beverage Sales ISSUE: Should the Honorable Mayor and City Commissioners adopt Ordinance 98-32? s BACKGROUND: Section 38-5 of the Ocoee Code of Ordinances requires that any business that sells alcoholic beverages must open directly on the street and be located at least 1,000 feet from an established school or church. This Ordinance has presented some problems in the past. For example, if a church was established within a shopping center, then the leasing agent could not lease another space within the center to a business that sold alcoholic beverages after the church was opened. Another example relates to schools. One applicant who has submitted a Planned Unit Development was approached by the Orange County School Board for an elementary school site, but they are hesitant to sell to the School Board because this Ordinance could prevent them from selling nearby commercial parcels to Walgreens or to a restaurant that wanted to sell alcoholic beverages. DISCUSSION: After carefully considering the issues, Staff drafted an Ordinance that would facilitate and encourage the location of schools and churches only within Planned Unit Developments and Special Overlay Areas (e.g.: Activity Centers, Interchange Impact Areas, and the Downtown Redevelopment Area). The Ordinance has been drafted so that the City Commission could decide, totally at their discretion, whether or not to exempt an individual project from the location requirements set forth in Section 38-5. There will be no automatic or Staff level exemptions from the requirement that alcoholic beverage sales be located at least 1,000 feet from churches and schools. In order to qualify for such an exemption, a project would have to be reviewed by the City Commission at a public hearing and the City Commission would have to take a vote to exempt a project from the requirements of Section 38-5. Staff Report to the Honorable Mayor and City Commissioners November 10, 1998 Page 2 STAFF RECOMMENDATION: Staff respectfully recommends that the Honorable Mayor and City Commission adopt Ordinance Number 98-32. • Attachments: Section 38-5,Ocoee Code of Ordinances Ordinance 98-32 P:\CALEXANDER ALL DATA\CAPDFILE\Staff Reports\CC SR\SR98056.Doc ORDINANCE NO. 98- 32 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO LOCATIONAL REQUIREMENTS REGARDING THE SALE OF ALCOHOLIC BEVERAGES IN PROXIMITY TO SCHOOLS AND CHURCHES WITHIN PLANNED UNIT DEVELOPMENTS AND SPECIAL OVERLAY AREAS; CREATING SECTION 38-5.1 OF ARTICLE II OF CHAPTER 38 OF THE OCOEE CITY CODE WHICH PROVIDES A PROCEDURE FOR OBTAINING AN EXEMPTION FROM LOCATIONAL REQUIREMENTS OF SECTION 38-5 OF THE OCOEE CITY CODE IN ORDER TO ESTABLISH LIMITED CONDITIONS UNDER WHICH BUSINESSES SELLING ALCOHOLIC BEVERAGES MAY OBTAIN AN EXEMPTION IN ORDER TO ALLOW THEIR LOCATION WITHIN 1,000 FEET OR LESS FROM AN ESTABLISHED CHURCH OR SCHOOL; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 38-5 of the Ocoee City Code prohibits the location of businesses selling alcoholic beverages or intoxicating beverages within 1,000 feet or less from an established church or school; and WHEREAS, the City Commission of the City of Ocoee desires to encourage the location of schools and churches in areas of the City that are in close proximity to and conveniently accessible to the residents of the City; and WHEREAS, the City Commission recognizes that Section 38-5 of the City Code imposes a restriction on the location of schools and churches within Planned Unit Developments and Special Overlay Areas which include businesses selling alcoholic beverages; and WHEREAS, the City Commission desires to facilitate and encourage the location of schools and churches within Planned Unit Developments and Special Overlay Areas by establishing a procedure whereby an exemption from the provisions of Section 38-5 of the City Code may be obtained. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. A new Section 38-5.1 of Article II of Chapter 38 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: SECTION 38-5.1 Exemptions to Locational Requirements. In order to facilitate and encourage the location of schools and churches within Planned Unit Developments and Special Overlay Areas, the City Commission may, following an advertised public hearing, exempt land located within a Planned Unit Development zoning district and/or a Special Overlay Area from the provisions of Section 38-5 of the City Code upon a fmding that the granting of such exemption will facilitate and encourage the location of schools and churches within the Planned Unit Development and/or Special Overlay Area. In granting any such exemption the City Commission may impose such conditions of approval as it deems necessary to protect school children and church members from unwarranted exposure to alcoholic and intoxicating beverages. 2 SECTION 3. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 4. Severability. If any section,subsection,sentence,clause,phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 3 PASSED AND ADOPTED this day of , 1998. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED NOVEMBER 19 , 1998 READ FIRST TIME NOVEMBER 17 , 1998 READ SECOND TIME AND ADOPTED , 1998 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this _ day of , 1998. FOLEY & LARDNER By: City Attorney A:\ordinance.Pud 1 7/14/98 I sac disk#1 I saca:fec 4 K-4 The Orlando Sentinel,Thursday,November 19,1998 SE NOTICE OF PUBUC HEARING CITY OF OCOEE la �w1t cleeVIII of the of the State of Florida.and Section 108.041 Florida Statutes,that the Ocoee,City Commis- sion will hold a public hewing In the locat- ed Commission Lakeshore Der ve,Ocoee, Florida during a regular session to be held on December 1, 1998, at 7:16 In orde to considerselherrftere i es ion tthe following ordinance: . A�JNEFNORDANC O THE CITY OF OCOEE FLORIDA.RELATING TO LO- CATIONAL REQUIREMENTS REGARD- ING THE SALE OF ALCOHOLIC BEV- ERAGES IN PROXIMITY TO SCHOOLS AND CHURCHES WITHIN PLANNED UNIT DEVELOPMENTS AND SPECIAL OVERLAY AREAS' CREATING SEC- EN6O OF AATICLE II OF 3OF THE OCOEE CITY CHAP- TERWHICH PROVIDES A PROCEDURE FOR OBTAINING AN EXEMPTION FROM LOCATIONAL REQUIREMENTS OF SECTION 38-5 OF THE OCOEE CITY CODE IN ORDER TO ESTABLISH UNITED CONDITIONS UNDER WHICH BUSINESSES SELLING ALCOHOLIC BEVERAGES MAY OBTAIN AN EXEMP- TION IN ORDER TO ALLOW THEIR LO- CATION000 FEET OR LESS ESTABLISHEDO CA- TISON;PRO IDIING FOR SEVER PROVIDING FOR�ABIUTYY; PROVIDING AN EFFECTIVE DATE. Interested parties ma at the meeting ant!be wd the proposed action.A copy of pro- posed ordinance be examined at City Hall 150 N�keshore Drive Ocoee,Florida.between the hours of 8:00 a.m. and 5:00 p.m., Monday /1410T4 to appeal inyy dedelon made Any portion who desiresCommis- sion yed at such meeting eon need a record of the proceedings and for such pur- o ti e record of the oprrooccexesding at Iss maverdde, which record Includes the testimony and evidence upon which the appeal is based.Persons with disabilities need- ing assistance to participate In any of these proceedings should contact the Office of the City Clerk,150 N:Lake- shore Drive, Owes Ft. 34781, ( of�the see i g;8 hours In advanceJean Grafton,City Clerk OLS2430364 NOV.19.1998'