HomeMy WebLinkAboutVI(A) Living Waters Church - Special Exception Case No. 1-3SE-2002 ter of GoodAgenda 10-07-2003
Mayor � eCex* � , �1� Commissioners
Item VI A
S. Scott Vandergrift �. -;41/1€ i,�°�. Danny Howell, District 1
ErCO -
Scott Anderson, District 2
City Manager ,� �_ . Rusty Johnson, District 3
Jim Gleason Nancy J. Parker, District 4
STAFF REPORT
DATE: September 25, 2003
TO: Honorable Mayor and City Commissioners
FROM: Thomas Grimms, AICP, Senior Pla
THROUGH: Russ Wagner, AICP, Community Develo ment Director
SUBJECT: Special Exception
Living Waters Church
Case Number 1-3SE-2002
ISSUE:
Should the Mayor and Commissioners approve a Special Exception to permit a church in a C-2
"Community Commercial District"?
BACKGROUND:
The subject property is located approximately 100 feet east of the intersection of Kissimmee
Ave. and McKey Street on the south side of McKey Street (see attached location map). The
parcel, 100' X 200' or 0.46 acres, has a building with several commercial spaces.
The property adjacent to the east has a commercial structure and a residence behind it. To the
west is a vacant parcel, where the Living Waters Church parks its bus. The property adjacent
on the south side is the Ocoee Oaks United Methodist Church. The property on the north side
of McKee Street has a commercial building. The general area is a mixture of older homes,
older commercial establishments, and vacant lots where there were residential structures.
There is no existing commercial establishment in the immediate area that sells alcoholic
beverages.
The applicant has submitted the special exception application as required by the Ocoee Land
Development Code, Section 4-8 A. (1). The special exception request is to permit a church to
be built within the C-2 "Community Commercial District". The applicant is proposing to operate
a church in an existing four-unit commercial building on a parcel 100' X 200' or 0.46 acres. The
one—story building currently has three occupants: The west unit is vacant, Living Waters Church
occupies the 2nd unit to the west, Gosselin Realty occupies the 2nd unit to the east and Joan
Crawford School of Performing Arts occupies the east unit. The completely asphalt paved
parking lot has 17 angled parking spaces with one handicap space at the front of the building.
City of Ocoee• 150 N Lakeshore Drive•Ocoee.
Florida 34761
phone: (407)905-3100•fax:(407)656-8504• www.ci.ocoee.t7.us
September 25,2003
City Commission Meeting of October 7,2003
Page 2 of 5
Parking is generally inadequate for this location, and patrons typically have to park on the street.
There is an existing 12-foot high two-pole sign with a 4' X 6' planter base. There is a 4-foot
sidewalk along the front of the building The building has water service but there is no sewer
service along McKey Street. Sewage is handled by septic systems. This building is located in
the C-2"Community Commercial District".
At the January 7, 2003 meeting of the Development Review Committee, the original Staff
recommendation was to recommend approval of the Special Exception for the conduct of
church services, with the condition of the special exception, that the Living Waters Church agree
to an exemption for the surrounding properties from the 1000-foot no alcohol sales requirement.
But, a memo received from the City Attorney indicated that the City could not impose that
requirement as part of the Special Exception because of the way the ordinance was written.
The applicant voluntarily withdrew his application from the Planning & Zoning Commission
meeting in February 11, 2003, to allow time for the special study committee (the Alcoholic
Beverages Ordinance Revision Committee) to study and make its recommendation to the City
Commission for action.
DISCUSSION:
The property is situated along a moderately traveled road, McKee Street. The general area is a
mixture of older homes, and older commercial establishments, and vacant lots where there were
residential structures. According to the Ocoee Transportation Master Plan, McKee Street is not
slated for any road widening or other improvements, although it should be noted that the
intersection of Bluford Ave. and McKee Street is slated for safety & operational improvements
as well as the intersection of McKee Street and Kissimmee Ave. The proposed church is
generally compatible with the surrounding character and properties in the area. However, this
property is in the Ocoee Downtown Redevelopment District. Restaurants as part of those land
uses encouraged in a developed downtown area, should be allowed to serve alcoholic
beverages, to be able to attract clientele.
The Applicant's request for Special Exception was scheduled to be reviewed by the Planning &
Zoning Commission on February 12, 2003 and then by the City Commission, but the Applicant
requested that the Special Exception application be continued indefinitely until the issue of the
restriction of the sale and serving of alcoholic beverages within 1,000 feet of any church and
school was resolved by the City Commission. The City Commission was appointing a special
study committee (the Alcoholic Beverages Ordinance Revision Committee) around that time to
make a recommendation on any change to this restriction. The committee made its
recommendation and the City Commission scheduled a first reading of Ordinance 2003-33 on
August 5th and a second reading and adoption on September 16, 2003. [See attachments for
City Attorney's summary of changes to Chapter 38 City Code relating to alcoholic beverages
that would result from adoption of Ordinance 2003-33. Also attached, is a copy of Ordinance
2003-33, adopted September 16, 2003.]
The Mayor and City Commissioners, when reviewing the Special Exception, should use the
guidelines in Section 4-8 of the City's Land Development Code which state:
a) The proposed uses and structures would not violate the land uses, densities, or
other directives of the adopted Comprehensive Plan or of this Code.
September 25,2003
City Commission Meeting of October 7,2003
Page3of5
The proposed use does present any violation.
b) The proposed uses and structures would be compatible with the uses, structures
and activities on adjacent and nearby lands.
The proposed use would not be totally compatible, due to the issue of sales and
consumption of alcoholic beverages within 1,000 feet (within the downtown area)
of the location of the proposed church operation.
c) The proposed uses and structures would not violate the health, safety, welfare,
and/or convenience of those residing, working or owning land in the vicinity of the
proposed use or structure, specifically with respect to: smoke and particulate
matter, odor, vibration, noise, glare and heat.
The use would not generate any noticeable smoke and particulate matter, odor,
vibration, noise, glare and heat since the use would be primarily and indoor
function. Machines, strong chemicals, strong lights and heat generating
equipment are not normally involved in church convocations and ceremonies.
d) The use or structure would not exceed the applicable density or bulk regulations
except as specifically authorized, nor shall the use or structure result in
overcrowding of land or buildings;
The use would not exceed the density or bulk regulations and the use of the
church will be for office space and church services on Sunday when there is very
little activity in terms of pedestrian and vehicle traffic to and from the immediate
surrounding land uses. The number of seats permitted in the building would be
governed by the Building Code.
e) The use or structure would not impair pedestrian or vehicular movement in
adjoining streets so as to violate adopted level of service standards;
The proposed use will not lower the Level of Service Standard on McKev Street or
adjoining streets.
f) The use or structure would not create a fire hazard;
•
The use will not create a fire hazard.
g) The use or structure would not result in noise, odor, glare, vibration, or other similar
characteristic which is detectable at the property line and which exceeds the level
which will result from permitted uses;
The proposed use is for offices and for religious services inside of the building, with
primary activity occurring on Sundays, when there is little activity on adjacent
properties.
h) The use or structure would not prevent an adjoining landowner from the legal use
of his property pursuant to this Code;
3
September 25,2003
City Commission Meeting of October 7,2003
Page 4 of 5
The proposed use could prevent an adioininq landowner from legal use of his
property due to the restriction of alcoholic beverages.
i) The use or structure would not violate a requirement of limitation of any applicable
state or federal law or regulation, and;
The use will not violate any requirement of limitation from state, or federal law or
regulations.
j) The use or structure would not result in the inadequacy or inability of any public
facility or service to meet adopted standards.
The proposed use will not lower public facility or service adopted standards.
Should the Special Exception be granted, the City Attorney recommends that the following
conditions (which are similar to those required in connection with other Special Exceptions) be
added to the Site Plan under a heading "Conditions of Approval":
This Special Exception shall expire twelve (12) months
from the date of approval by the City Commission unless
a building permit is obtained prior to such date, such
permit being for the construction of the proposed use
authorized by the Special Exception. Further, upon
issuance of the building permit, the Applicant (or its agent)
shall diligently proceed in good faith to complete
construction in accordance with the terms hereof. Failure
of the Applicant (or its agent) to proceed as aforesaid
shall provide a basis for revocation of the Special
Exception by the City Commission.
Approval of this Special Exception does not authorize
commencement of development. Prior to issuance of a
building permit, it will be necessary to obtain site plan
approval pursuant to the provisions of Article IV of the
Ocoee Land Development Code. Further, compliance
with all other applicable provisions of the Ocoee Land
Development Code shall be required.
The Applicant shall make a good faith effort to obtain a
Certificate of Occupancy for the use authorized by the
Special Exception within six (6) months of issuance of the
building permit.
Should the use authorized by this Special Exception be
terminated or substantially modified or expanded in a
manner inconsistent with the conditions of approval for
the Special Exception, then said Special Exception may
be revoked by the City Commission at its sole discretion.
September 25,2003
City Commission Meeting of October 7,2003
Page 5 of 5
The Special Exception for use as a church shall be
applicable only to the proposed Living Waters Church
shown on the Site Plan for Special Exception and is not
transferable to any other operator prior to issuance of a
Certificate of Occupancy.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee discussed the issue of the City Attorney's memo on the
alcoholic beverage issue and then voted unanimously to recommend approval of the Special
Exception subject to the City Attorney's items being accomplished prior to the Planning and
Zoning Commission meeting and subject to getting the letters of agreement.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Special Exception request was reviewed by the Planning and Zoning Commission on
September 9, 2003. There was a discussion on the number of units (bays) to be used by Living
Waters Church for their services, days and hours of services. The two units on the east side of
the building would be utilized with church services held only on Sundays. Several people from
the audience spoke voicing their concerns relating to parking, traffic and overall compatibility
within the Downtown Redevelopment Area. It was noted that the use of the McKee Building for
church offices and services is temporary until the permanent church building is finished. It was
also noted that the applicant will be required to meet the appropriate fire and building codes for
holding assemblies. Scott Cookson, Asst. City Attorney, gave a summary of the proposed
revisions (proposed Ordinance # 2003-33) to the City Code relating to alcoholic beverages. A
motion was made to recommend approval of the Special Exception with the following
conditions: 1) limit the church services to Sunday only; 2) relocate the church bus to a
more appropriate location. The motion passed unanimously.
STAFF RECOMMENDATION:
Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff
recommends that the Mayor and City Commissioners approve the Special Exception for the
Living Waters Church with the two conditions recommended by the Planning and Zoning
Commission, as well as being subject to the Conditions of Approval specified above by the City
Attorney.
Attachments: Location Map
Copy of Public Hearing Advertisement
Owners Affidavit
Metes & Bounds Survey
Site Plan
Memo dated July 28, 2003 to Mayor and City Commission from City Attorney
Ordinance #2003-33, Adopted September 16, 2003
Letters of agreement from Sills, Watson, Pinsley Railroad Co.
Letter dated 8/26/03 from Ocoee Oaks United Methodist Church
is
O:\Staff Reports\2003\SR03087 CC.doc
Living Waters
Location Map
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Orlando •
Sentinel THURSDAY, SEPTEMBER 25, 2003
OrlandoSentinel.com
CITY OF OCOEE
NOTICE OF PUBUC HEARING TO CONSIDER APPUCATION FOR SPECIAL EXCEPTION
CASE NO.1.3SE-2002-LIVING WATERS CHURCH .
NOTICE IS HEREBY GIVEN pursuant to Section 44(A)(2),Ocoee Land '
Development Code that the OCOEE,.CITY COMMISSION will hold a PUB-
LIC HEARING on October 7,2003 at their regular session to begin at 7:15
P.T.The public hearing will be held at its specified time,oras soon thereof-
ter as possible,in the Commission Chambers;Ocoee City Hall,150 North
Lakeshore Drive,Ocoee,Florida to consider the application filed by LIV-
ING WATERS CHURCH,to allow for a church use in the G2'Community
Commercial District',on certain real property located at 120 West McKey '
Street.
Living Waters 4
. Location Map
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The complete case file,including o legal description of the subject property,
may be inspected at the Ocoee Planning Department,150 North Lakeshore
Drive,between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Fri-
day,except legal holidays.
The Ocoee City Commission may continue the public hearing to other dates
and times,as they deem necessary.Any interested party shall be advised
that the dates,times,and places of any continuation of these or continued
public hearings shall be announced during the hearings and that no further - r.
notices regarding these matters will be published .
Interested parties may appear at the public hearing and be heard with res- a
pect to the application.Any person wishing to appeal any decision made
during the public hearing will need a record of the proceedings and for this '
purpose may need to ensure that a verbatim'record of the proceedings is _•
made which Includes the testimony and evidence upon which the appeal is
based.Persons with disabilities needing assistance to participate in any of
the proceedings should contact the City Clerk's Office 48 hours in advance
of the meeting at(407)905-3105 • .
JEAN GRAKON,CITY OF OE fr
CITY CLERK
OLSL5258593 SEPT 25,2003 I
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CITY OF OCOEE,FLORIDA
/ OWNER'S AFFIDAVIT
STATE OF 1 -rr-- `—
COUNTY OF 0-4-4(--r---/----
Before me, the undersigned personally appeared Philip Marshall, who being first duly sworn on
oath,deposes and says:
/
1. That I am the Managing Member of McKey Crossing,LLC(the"Owner") and that I have
full power and authority to act for and bind the Owner.
2. That the Owner is the fee-simple owner of the property legally described in the
application submitted herewith (the"Property").
3. That the attached Ownership List is made a part of this affidavit and contains the legal
description for the Property and the names and mailing addresses of all owners having an interest in the
Property.
4. That the Owner desires Special Exception Approval for use as a Church for said
Property.
5. That the Owner has appointed Living Waters Church to act as the Owner's Authorized
Agent to represent the Owner in connection with the proposed action with respect to the Property.
6. That the Owner agrees to be bound by the actions of the Owner's Authorized Agent
designated in Paragraph 5 above and the Ocoee Land Development Code.
7. That the Owner affirms and certifies that it �that alill l est statemely with ntsl ordinances,and diagrams submitoted
and provisions of the City Code of the City of Ocoee, and
herewith are true and accurate and further, that the application and attachments submitted herewith shall
become part of the official records of the City of Ocoee, and are not returnable.
8. That the accompanying adjacent property owners list is, to the best of my knowledge, a
complete and accurate list of the owner's names and mailing addresses for all property lying within three
hundred (300) feet of the perimeter of the Property, as recorded on the latest official Orange County Tax
Rolls.
9. That prior to the public hearing, if applicable, signs will be prominently posted on the
Property not less than twelve (12) days before the application will be considered by the Planning and
Zoning Board or the Board of Adjustment, and will remain posted until final determination, after which
time the notices are to be removed and destroyed.
\---\- -1/\).-"2---- __A___
Philip Marshall
y 927,-,4-4-4--y , 200.3, by Philip Marshall,
Sworn to and subscribed-bre me this ,� da ofas identification, and
who i personally know to me br who produced
who too anbath.bath:---- •
Nota Public `' •
$� Judy Lacost My commission expires: .Vi c/c '71
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Agenda 8-05-2003
Item VII A4
FOLEY I LARDN ER
ATTORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0107
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal,Esq.,City Attorney
DATE: July 28,2003
RE: Ordinance No. 2003-33;Proposed Amendments to Chapter 38 of the City Code
Relating to Alcoholic Beverages
Pursuant to the direction of the City Commission, an Alcoholic Beverages Ordinance
Revision Committee was formed to review the provisions of Chapter 38 of the City Code
relating to alcoholic beverages. The Committee met on June 9, June 23 and July 14, 2003. Mr.
Wagner provided staff support for the Committee. Direction was provided by the Committee to
the City staff and the City Attorney to prepare an ordinance amending certain provisions of
Chapter 38 of the City Code. Attached hereto is a proposed Ordinance which amends Chapter
38 of the City Code in order to incorporate the revisions recommended by the Committee.
The highlights of the proposed Ordinance are as follows:
1. Authorizes the consumption of alcoholic beverages at public places upon issuance
of a special events permit specifically permitting such activity. The policies and procedures for
the issuance of special events permits are to be established by a resolution adopted by the City
Commission. Until such time as the resolution is adopted,the issuance of special events permits
for this purpose is prohibited. This will apply citywide.
2. Provides that consumption of alcoholic beverages outside of a building or in a
patio area is prohibited unless the consumption occurs in a fenced or enclosed area and is
otherwise permitted by law. This provision will become effective November 1, 2003 in order to
provide the City staff with an opportunity to notify all affected businesses prior to the effective
date.
3. Currently, the sale of alcoholic beverages by the glass or drink is prohibited
within 1,000 feet from an established church or school. The proposed Ordinance extends this
prohibition to include package liquor stores, but exempts any such business existing as of the
date of adoption of the Ordinance.
4. Certain restaurants,hotels,bowling establishments and movie theatres are granted
an exemption from the 1,000 foot locational requirement established under Section 38-5 of the
FAY&LARDNER
FOLEY : LARDNER
ATTORNEYS AT LAW
City Code. This means that these businesses may, subject to certain restrictions, sell alcoholic
beverages even if they are located within 1,000 feet of an established church or school.
5. Certain restrictions are imposed on all businesses in which alcoholic beverages
are sold if such business is located within 1,000 feet from an established church or school. This
provision will become effective November 1, 2003 in order to provide the City staff with an
opportunity to notify all affected businesses prior to the effective date.
The City Commission should consider the recommendations of the Committee and, if the
Commission agrees with the recommendations, adopt the proposed Ordinance.
Encl.
PER/jed
2
nnA�f1QRAZ 1
ORDINANCE NO. 2003-33
t
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATED TO ALCOHOLIC BEVERAGES; AMENDING
SECTION 38-2 OF CHAPTER 38 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE IN ORDER TO
PROVIDE FOR SPECIAL EVENTS PERMITS FOR THE
CONSUMPTION AND POSSESSION OF ALCOHOLIC
BEVERAGES IN PUBLIC PLACES AND IN ORDER TO
ADDRESS THE CONSUMPTION OF ALCOHOLIC
BEVERAGES OUTSIDE OF A BUILDING; AMENDING
SECTION 38-5 OF THE CHAPTER 38 OF THE CITY
CODE TO PROHIBIT PACKAGE LIQUOR STORES
WITHIN 1,000 FEET FROM AN ESTABLISHED CHURCH
OR SCHOOL; AMENDING SECTION 38-5.1 TO EXEMPT
CERTAIN BUSINESSES FROM THE LOCATIONAL
REQUIREMENTS AND ESTABLISHING ADDITIONAL
RESTRICTIONS APPLICABLE TO ALL BUSINESSES
SELLING OR FURNISHING ALCOHOLIC BEVERAGES
WITHIN 1,000 FEET OF AN ESTABLISHED CHURCH OR
SCHOOL; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. 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 Chapters 166, Florida Statutes.
SECTION 2. Section 38-2 of Chapter 38 of the Code of Ordinances of the
City of Ocoee is hereby amended to read as follows (with additions double-underlined and
deletions stricken):
§ 38-2. Prohibited acts.
A._Except_as_pr_ovided..._in_Section_18-2. 3_b.elo_w_it shall t
be unlawful for any person to drink or have in his possession any
unsealed alcoholic beverage in or on public places within the
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006.303826.1
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•
corporate limits of the city, except within authorized places of
business licensed to sell and dispense such beverages.
B,_SO.ject to compliance with all applicable state laws, a
person may drink or have in his_possession unsealed alcoholic
beverages in or on public places within the corporate_limits of the
city when a pecial events_permit has been_issued by the cit
which specifically permits such activity. Any such activity shall
besubject to the terms and conditions of any such p cial events
permit. Any such special events_permits shall be issued in
acc•rdance with I olicies and •rocedures ado•ted b resolution of
the city commission. Until such time as the City Commission
adopts such a resolution, the issuance of such special events
permits shall be prohibited.
C. Effective November 1, 2003, the_consumption of
alcoholic beverages in an area outside of a building in which a
business licensed to sell and dispense alcoholic beverages is
located or in a patio area adjacent to any such building in which
such place of business is located is__prohibited unle s (i) such
consumption occurs within an area_that is fenced_or_otherwise
clearly established as an enclosed areaz_and_ii)_such consumption
is otherwise_permitted by state law._
SECTION 3. Section 38-5 of Chapter 38 of the Code of Ordinances of the
City of Ocoee is hereby amended to read as follows (with additions double-underlined and
ff
deletions stricken):
§ 38-5. Locational requirements.
Any place of business in which alcoholic beverages or
intoxicating beverages are sold} or consumed __or otherwise
furnished at retail to the public by the glass or drink within-the
city and any place of business which is a located in a free
standin store at which alcoholic beverags or intoxicating
bevera_es are old for off-site c•nsum•ti•n ie a ".acka!e li I uor
store") shall open directly and immediately upon the street, and
no such place of business shall be less than 1,000 feet from an
established church or school, which distance shall be measured
by following the shortest route of ordinary pedestrian travel
along the public thoroughfare from the main entrance of said
place of business to the main entrance of the church and, in the
case of a school, to the nearest point of the school grounds in use
-2-
006.303826.1
as part of the school facilities; provided,. however,_ that__the
fore oin rovisions shall not apply to anyfree standing store at
g g p—— ——
which alcoholic beverages or intoxicating__beverag_es_are sold_for
off-site consumption which store is established as of_the_date of
adoption of this_ordinance.
SECTION 4. Section 38-5.1 of Chapter 38 of the Code of Ordinances is
hereby amended to read as follows (with additions double-underlined and deletions stricken):
§ 38-5.1. Exemptions to locational requirements. [Added 12-1-
1998 by Ord. No. 98-32]
A. 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 § 38-5 of the City Code upon a finding
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.
B. The provisions of § 38-5_ shall not_apply to__ (1)
any restaurant equipped to_serve full__course meals_at_tables and
derivin:__at least 51 •ercent of its •ross revenue from the sale of
food and non-alcoholic beverages; (4 any_bona fide hotel, motel
or motor court which derives at least 51 percent of_its_gross
revenues from the rental of hotel or motel rooms and which is
licensed as a public lodging establishment_by the_State of Florida
Division of Hotels and RestaurantsL_(3) bowling_establishments
h_a__kig 12 or more lanes and all necessary equipment to operate
them; and_(4) any bona fide movie theater_with_ 5 or more
screens.
C. Effective_ November 1� 2003 __ the ___following
restrictions shall be a.•licable to an .lace of business in which
alcoholic beverages or intoxicating__beverages_._ are__ sold or
furnished at_retail to the public which place of businessis located
within 1 000 feet from an established church or school_:_
-3-
006.303826.1 ;
1. Permanent outdoor speakers shall be prohibited._
2_- Outdoor entertainment_shall_be permitted_only-upon
issuance by the city of a special events permit. __No such .permit
shall be_issued with respect to outdoor entertainment which will
take place (i) during_the regular weekday hours of operation of
any such school or during the regular hours when church services
are scheduled at any such church, or (iiiduring such other times
as may_interfere_with normal operations of_an_y_such school or
church.
3_ Signs _advertising _or_promoting_ the _ sale __or
consumption of alcoholic beverag_es__ or identifying_-alcoholic
beverage products (i) shall be prohibited_on the__exterior of any_
such place of business, (ii) shall not be located on the interior_of
any such place of business within six inches of a window,_and
(tii) shall not be visible from the outside of the building_in_which
such place of business is located_
SECTION 5. 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 re-lettered
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
re-lettered and the correction of typographical errors which do not affect the intent maybe
authorized by the City Manager, without need of public hearing, by filing a corrected or re-
codified copy of same with the City Clerk.
SECTION 6. 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
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006.303826.1
i
independent provision and such holding shall not affect the validity of the remaining portion
hereto.
SECTION 7. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this 1(p day of " '' 'Ino' , 2003.
APPROVED: -
i
ATTEST:
CITY OF OCOEE, FLORIDA
Je Grafto , City Jerk S. Scott Van•ergrift, Mayor
(SEAL) z.
ADVERTISED SeDleivAbeir q , 2003
READ FIRST TIME.. }- ,j , 2003 F
READ SECOND TIME AND ADOPTED $-
lau,('" Itv ,
2003
UN'DER AGENDA ITEM NO.\J I 1)a
t
FOR USE AND RELIANCE ONLY 1.
x
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM F
ANDEGALITY
this /6 day of. , 2003.
FOLEY LARDNER
By: CJ
City Attorney
006.303826.1 -5-
To Whom It May Concern:
ff
I, Jim Sills of 114 McKey Street have given
permission to Living Waters Church located at 120
McKey Street, Ocoee, FL 34761 to use my
w
parking spaces for their Sunday morning services.
My lot is located next to theirs at 114 McKey
Street, Ocoee, Florida 34761.
Sills
1
To Whom It May Concern:
I, Jimmy Watson Sr. of 40 Taylor Street
have given permission to Living Waters Church
located at 120 McKey Street, Ocoee, FL 34761 to
use my parking spaces for their Sunday morning I
services. My lot is located at 40 Taylor Street,
Ocoee, Florida 34761.
/del
immy Watson, Sr.
0Z ZS,200.1 UK' IZ:Ui l'AA 413 ab nitiU 1'l\SL1 KA1LKUAll CU IJUUl/UUI
_ Arkansas Midland Railroad
Florida Cenlrel Railroad
Florida MUM Railroad
Florida Northern Railroad
_ � -. Norma Valley Railroad
- �• - RairoaddstrioudanSaniou v
February 28, 2003
Via Fax A 407-877-5980
Nathan Dykgraaf
Living Waters Church
RE: Right-Of-Way Lease
Dear Mr. Dykgraaf:
This letter follows your email to me dated February 27, 2003 regarding your request for a
right-of-way lease for a lot controlled by Florida Central Railroad at the corers of McKey Street
and Kissimmee Avenue. Please allow this letter to indicate our intention to enter into our
standard Right-Of-Way Lease with you; the signature copies of which will be sent to you early
next week.
If you have any other questions regarding this matter, you may call me at (413) 568-
6426 or respond via my e-mail address: bimacarthurt pinsly.com.
Sincerely,
Bernard L. Mac Arthur, J.D.
Contracts Manager
•
53 Southampton Road,Westfield,MA 01085
Tei:(4 13)568-6426 F3X:(4 13)562-6460
August 26, 2003
City of Ocoee
RE: Case#1-3SE-2002
Special Exception for Living Waters Church
0(011 OAKS To Whom It May Concern:
i
blow W
The only concern we would have is parking. The major concern is for Sunday
S morning. The pastor recently asked us to write a letter stating that his church would
W. floutOwe,1104 30 be able to us the back half of our lot on Sunday mornings for parking.Quite honestly,
this is not feasible. Where would their 200+people park?Our lot is not available to
Phy°t-656 Z41i them on Sundays:Other than parking, we have no concerns and would welcome
(x
01-656-ini
another church to the area. I am unable to make the September 9th meeting, so
wassomegsmion
thought it would be best to put the concern in writing.
Sincerely,
6,..AALL Pow-
Ernest M.Post 1 i 1 [] � 1
Pastor -"? # '
•
I
AUG 2 9 2003 i
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