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Home My WebLink AboutVI(A4) Exemption of proposed Ocoee Crown Point PUD from locational requirements for certain businesses to allow the sale of alcoholic beverages within 1,000 feet of a school or church •Agenda 9-02-2003 Center of Good Item VI A4 Mayor .Sb Ce- "'—'+ LI vd, Commissioners S. Scott Vandergrift ,".> !!`Y411116:1); ? Danny Howell, District 1 Scott Anderson, District 2 City Manager ,�rO. j l w Rusty Johnson, District 3 Jim Gleason - = Nancy J. Parker, District 4 STAFF REPORT DATE: August 25, 2003 TO: The Honorable Mayor and City Commissioned FROM: Robert Lewis, AICP, Planning Manager THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Ocoee Crown Point PUD Exemption from Locational Requirements for Businesses Selling Alcoholic Beverages within 1,000 feet of a Church or a School (Section 38-5) ISSUE: Should the Mayor and City Commissioners approve an exemption from the locational requirements for businesses selling alcoholic beverages near a church or a school (Section 38- 5 of the Ocoee Code)for the Ocoee Crown Point PUD? BACKGROUND: As indicated in previous reports, the Ocoee Crown Point PUD includes a high school site and an elementary school site as well as neighborhood commercial areas. The PUD zoning allows various uses that would, as a part of their normal business, sell alcoholic beverages in one form or another, such as restaurants. Section 38-5 of the Ocoee Code places certain restrictions on such uses, requiring businesses that sell alcoholic or intoxicating beverages by the glass or drink to be located no less than 1,000 feet from an established church or school. However, Section 38-5.1 provides that the City Commission may exempt land within a PUD from these locational requirements, after an advertised public hearing, upon a finding that the exemption will facilitate and encourage the location of schools and churches within the PUD. DISCUSSION: Given the City's intent to encourage a high quality, mixed use community in the Ocoee Crown Point PUD, high quality restaurants that would serve alcoholic beverages by the glass or drink should be allowed to locate within the commercial areas of the PUD without regards to their location relative to churches or the two school sites. Therefore, an exemption from the locational requirements of Section 38-5 for these businesses has been proposed as follows: All lands located within the Ocoee Crown Point PUD property shall be exempted from the provisions of Section 38-5 of the Ocoee City Code which imposes locational requirements with respect to the sale of alcoholic beverages near churches and schools, subject to the condition that stand alone businesses, such as bars and package liquor stores which receive more than 50%of their gross City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761 phone: (407)905-3100•fax: (407)656-8504•www.ci.ocoee.fl.us The Honorable Mayor and City Commissioners August 25, 2003 Page 2 of 2 revenue from the sale of alcoholic beverages, whether for consumption on or off premises, shall be prohibited within 1,000 feet from any church site, the high school site and the elementary school site located within the Ocoee Crown Point PUD property. The School Board has indicated that the exemption is acceptable with the restriction prohibiting bars and package liquor stores within the vicinity of the school sites. The exemption is also supported by City Staff, because it would help facilitate a high quality mixed use community. STAFF RECOMMENDATION: Staff recommends that the Mayor and City Commissioners approve the proposed exemption as follows: Pursuant to the provisions of Section 38-5.1 of the Ocoee City Code and following an advertised public hearing,the City Commission hereby: (1) Finds that the granting of an exemption from the provisions of Section 38-5 of the Ocoee City Code will facilitate and encourage the location of churches, a high school and elementary school within the Ocoee Crown Point PUD; and (2) Exempts all lands located within the Ocoee Crown Point PUD property from the provisions of Section 38-5 of the Ocoee City Code which imposes locational requirements with respect to the sale of alcoholic beverages near churches and schools, subject to the condition that stand alone businesses, such as bars and package liquor stores which receive more than 50% of their gross revenue from the sale of alcoholic beverages, whether for consumption on or off premises, shall be prohibited within 1,000 feet from any church site, the high school site and the elementary school site located within the Ocoee Crown Point PUD property. Provided however, that the forgoing is conditioned upon the adoption of Ordinance#2003-34. Attachments: Copy of Public Hearing Advertisement Copy at Sections 38-5 and 38-5.1 from the Ocoee City Code O:1Staff Reports\200313R03077 CC.doc ORLANDO SENTINEL TUESDAY,AUGUST 5,2003 CITY OF OCOEE NOTICE OF PUBLIC HEARING ON THE LOCATION OF PUB- LIC BUILDINGS AND ALCOHOLIC BEVERAGE LOCATIONAL REQUIREMENTS WITHIN•, THE OCOEE CROWN POINT PUD NOTICE IS HEREBY GIV- EN,pursuant to Sections 5- 7.8, Ocoee Land Develop- ment Code, that on Tues- day,August 12,2003,at 7:00 p.m.,or cs soon thereafter as practical, the PLAN- NING AND ZONING COM MISSION will hold a PUB- LIC HEARING at the Ocoee City Commission Chambers, 150 North Lakeshore Drive, Ocoee,Florida.to consider the location of public build- ings within the Ocoee Crown Point PUD property,locat- ed approximately-650 feet west of the intersection of the Western- Expressway (State Rood 429) and Full- ers Cross Road intersection --- — (the 'Ocoee Crown Point Commission and/or-.t:zt PUD property'). In addi- Ocoee City Commission. tion,pursuant to Sections 5- may continue the pual::i 7.B, Ocoee Land Develop- hearings to other dates cr.: ment Code and Section 38- times,as they deem neces-I 5.1, City of Ocoee Code of wry. Any interested party Ordinances, on Tuesday, shall be advised that Ire September 2,2003, at 7:15 dates,times,and places of P.M.,or as soon thereafter any continuation of these or as practical, the OCOEE continued public hearings CITY COMMISSION will shall be announced during hold a separate PUBLIC the hearings and that no fur- HEARINGS at the Ocoee cher notices regarding these City Commission Chambers, matters will be published. 150 North Lakeshore Drive, Ocoee,Florida,to consider Interested parties may Ca- Me rthe location of public build- pear at the public hearings ings within the Ocoee Crown and be heard with respect Point PUD property and to thereto.Any person wishing consider an exemption to to appeal cny decision made the alcoholic beverage loca- during the public hearings tional requirements of the will need a record of t`e City of Ocoee Code of Ordi- proceedings and for this nonces within the Ocoee Purpose may need to ensure Crown Point PUD property. that a verbatim record of the proceedings is made The complete case file, in- which includes the testimo- cluding a complete legal de- ny and evidence upon which scription by metes and the appeal is based.Persons bounds of the Ocoee Crown with disabilities needing cs- Point PUD property, may sistance to participate in be inspected at the Ocoee any of the proceedings • Community Development should contact the City Department, 150 North Clerk's Office 48 hours in Lakeshore Drive, Ocoee, advance of the meeting at Florida,between the hours (407)905-3105. of 8:00 a.m.and 5:00 p.m., Monday through Friday,ex- JEAN GRAFTON, CITY cept legal holidays. CLERK COR5174858 AUG.5,27 The Planning and Zoning § 38-1 OCOEE CODE § 38-5 ARTICLE I Unsealed Beverages [Adopted as Sec. 15-9 of the 1977 Code of Ordinances] § 38-1. Definitions. The term "alcoholic beverage" as defined by the laws of the State of Florida is hereby adopted as the definition of alcoholic beverages as herein employed. § 38-2. Prohibited acts. It shall be unlawful for any person to drink or have in his possession any _ unsealed alcoholic beverage in or on public places within the corporate limits of the city, except within authorized places of business licensed to sell and dispense such beverages. § 38-3. Penalties for offenses. [Added 9-1-1992 by Ord. No. 92-20] Any person violating any provision of this article shall, upon conviction, be punishable as provided in § 1-12 of Chapter 1, General Provisions, Article II, of the Code of the City of Ocoee. ARTICLE II Sale of Beverages [Adopted as Ch. 3 of the 1977 Code of Ordinances] § 38-4. Definitions. The definition of the terms "alcoholic beverage" and "intoxicating beverage" as used in this article shall be the same as the definition of the terms now or hereafter prescribed in F.S. § 561 .01 . § 38-5. Locational requirements. Any place of business in which alcoholic beverages or intoxicating beverages are sold or furnished at retail to the public by the glass or drink within the city 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 3802 1 -1 -99 § 38-5 ALCOHOLIC BEVERAGES § 38-6 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 as part of the school facilities.' § 38-5.1. Exemptions to locational requirements. [Added 12-1-1998 by Ord. No. 98-32] 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. § 38-6. Hours. [Amended 12-20-1988 by Ord. No. 88-69; 7-5-1989 by Ord. No. 89-152] A. Hours of sale and consumption on premises. No alcoholic beverages shall be sold, consumed or served or permitted to be served or consumed in any place holding a license from the Florida Department of Business Regulation, which license permits the consumption of alcoholic beverages on the premises, between the hours of 2:00 a.m. and 11 :00 a.m. each and every day of the week. B. Hours of sale and consumption off premises. No alcoholic beverages shall be sold, in any place holding a license from the Florida 1 Editor's Note:Original Sec.3-3,Sale,etc.,to minors,which immediately followed this section,was deleted 9-1-1992 by Ord.No.92-20. 2 Editor's Note: This ordinance also provided as follows: "This ordinance shall be deemed to be cumulative and in addition to any other act,law or ordinance regulating hours of sale of alcoholic beverages.This ordinance supersedes and repeals any existing hours of sale of alcoholic beverages ordinance.This ordinance shall be liberally construed in order to effectively carry out the purposes of this ordinance in protecting the interests of the health,safety and welfare of the citizens of the City of Ocoee,Florida." 3803 1 -1-99