Item #09 Land Development Code Amendment - Amendment to Include Bars and Cocktail Lounges as a Permitted Use`` X 3.4 001
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fIorida
AGENDA ITEM COVER SHEET
Meeting Date: February 4, 2014
Item # 9
Contact Name:
Contact Number:
Michael RumeA
Reviewed By:
Department Director:
City Manager:
(407) 905 -3100 x 1018
Subject: Land Development Code - Change in Article V, Section 5 -8 Prohibited Uses and Table 5 -1
Permitted Use Regulations Amendment to Include Bars and Cocktail Lounges as a Permitted
Uses in Select Zoninq Districts
Background Summary:
Bars and cocktail lounges are prohibited within the City of Ocoee unless it is associated with a restaurant seating
a minimum of 45 people. With the establishment of the CRA Target Areas which are intended to provide an
urban development pattern to include mixed uses and multiple use buildings, staff recognized the need to permit
bars and cocktail lounges as permitted uses in certain zoning districts.
The definitions for bars and cocktail lounges as found in the Land Development Code are below:
Bar: An establishment having a bar and tables set up at all times and used for serving alcoholic beverages with
or without food, and includes uses described as "lounges" or "taverns ".
Cocktail Lounge: A room having a bar and tables set up at all times and used for serving alcoholic beverages
and /or food.
Before moving forward with introducing bars and cocktail Lounges in the City, the City Planner met with the Mayor
and Commission individually to gage interest and seek comments on an ordinance establishing bars and cocktail
lounges. Based on those meetings, staff has proposed three options for consideration to permit bars and cocktail
lounges with one option from the Planning & Zoning Board:
Option #1: Bars and Cocktail Lounge - permitted in C -3 and TA (CRA Target Areas) zoning districts
Option #2: Bars and Cocktail Lounge — permitted by Special Exception in C -2, permitted in C -3, l -1, and TA (CRA
Target Areas)
Option #3: Bars and Cocktail Lounge — permitted in C -2, C -3, and / -1 zoning districts
Option #4 (P &Z Recommendation) — Special Exception in C-2, C-3, I -1, and TA (CRA Target Areas)
Besides adding the uses to the zoning table, Section 5 -8 will have to be amended to remove bars and cocktail
lounges from the list of prohibited uses within the City.
Staff has provided a spread sheet of nine different local governments that permit bars, cocktail lounges, or a
similar use to aid the Commission in making a decision.
Issue:
Should the Honorable Mayor and City Commissioners approve an Ordinance providing amendments to the Land
Development Code (LDC) relative to Article V, Section 5 -8 Prohibited Uses and Table 5 -1 Permitted Use
Regulations to make bars and cocktail lounges a permitted use in specific zoning districts?
Planning and Zoning Commission Recommendation
The Planning & Zoning Commission met on November 12, 2013, to consider the amendments to the Land
Development Code (LDC) relative to Article V, Section 5 -8 Prohibited Uses and Table 5 -1 Permitted Use
Regulations. After considerable deliberation, the Planning and Zoning Commission voted unanimously to
recommend Bars and Cocktail Lounges be required to go for a Special Exception in the C -2, C -3, 1 -1, and TA
(CRA Target Areas) zoning districts.
Recommendations
Staff recommends the Honorable Mayor and City Commissioners approve an ordinance selecting option #2 of the
proposed amendments to the Land Development Code to permit bars and cocktail lounges in selected zoning
districts.
Attachments:
Revised Table 5 -1
Spread Sheet
Ordinance
Financial Impact:
f�D_1
Type of Item: (please mark with an "x')
X Public Hearing
For Cleric's Dept Use:
Ordinance First Reading
Consent Agenda
X Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ()
N/A
N/A
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2
ORDINANCE NO. 2014 -002
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING ARTICLE V, SECTION 5 -8 OF THE LAND
DEVELOPMENT CODE RELATED TO LAND USE AND
DENSITY REGULATIONS AND AMENDING TABLE 5 -1
OF THE LAND DEVELOPMENT CODE RELATED TO
PERMITTED USE REGULATIONS TO ALLOW BARS
AND COCKTAIL LOUNGES AS A PERMITTED USE OR
AS A SPECIAL EXCEPTION IN SPECIFIC COMMERCIAL
AND INDUSTRIAL ZONING DISTRICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee, Florida (the
"City Commission ") desires to amend Article V, Section 5 -8 of the Land
Development Code related to Land Use and Density Regulations and to
amend Table 5 -1 of the Land Development Code related to Permitted Use
Regulations to permit bars and cocktail lounges as a permitted use or as a
special exception in specific commercial and industrial zoning districts.
NOW, THEREFORE, 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 Chapter 166, Florida Statutes.
Section 2. Article V. Section 5 -8 and Table 5 -1 Article V, Section
5 -8 of the Land Development Code related to Land Use and Density
Regulations and Table 5 -1 related to Permitted Use Regulations are hereby
amended as follows:
See Exhibit "A" attached hereto and by this reference made a part
hereof.
Section 3. 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 4. 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 5. Effective Date This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this
ATTEST:
Beth Eikenberry, City Clerk
day of , 20_
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of 1 20.
SHUFFIELD, LOWMAN & WILSON, P.A.
ADVERTISED , 20_
READ FIRST TIME , 20_
READ SECOND TIME AND ADOPTED
20_
UNDER AGENDA ITEM NO.
By:
City Attorney
EXHIBIT "A"
Article IV, Section 5- 8.B.(5) — Use Regulations, Prohibited Uses is hereby
amended as follows:
Article IV, Table 5 -1 — Permitted Use Regulations is hereby amended as
follows:
USE
A -1
A -2
RCE -1
R -1A
R -1AAA
R -2
R -3
RT -1
PS
C -1
C -2
C -3
1 -1
1 -2
RCE -2
R -1
R -1AA
Commercial
Uses
Bars and
_-
_-
_-
_-
_-
_-
_-
_-
-
_-
S*
P
P
_-
Cocktail
Lounges
*Bars and Cocktail Lounges are permitted by Special Exception in the C -2
zoning district, except as otherwise specifically permitted by separate
ordinance or elsewhere in the Code.
2 _2T ° �I ��1�d� Cam? �tr&��$ rolU� uo� �6�� ,� nl rru�gdlg
CITY OF OCOEE
NOTICE OF PUBLIC
HEARING
FOR AN AMENDMENT TO
THE OCOEE LAND
DEVELOPMENT CODE
PERMITTED USE
REGULATIONS
NOTICE IS HEREBY given that the Ocoee City
Commission will consider a proposed Amendment
to the City of Ocoee Land Development Code
relating to Article V, Section 5 -8 Prohibited Uses
and Table 5 -1 Permitted Use Regulations.
The OCOEE CITY COMMISSION will hold a
public hearing on the proposed amendment on
TUESDAY, JANUARY 21, 2014, AT 7:15 PM or as
soon thereafter as practical. The public hearing
will be held in the City Hall Commission Chambers
located at 150 North Lakeshore Drive, Ocoee.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING ARTICLE V, SECTION 5 -8 OF THE
LAND DEVELOPMENT CODE RELATED TO USE
REGULATIONS AND AMENDING TABLE 5 -1 OF
THE LAND DEVELOPMENT CODE RELATED TO
PERMITTED USE REGULATIONS TO ALLOW BARS
AND COCKTAIL LOUNGES AS A PERMITTED
USE OR SPECIAL EXCEPTION IN SPECIFIC
COMMERCIAL DISTRICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
Interested parties may appear at the public hearing
and be heard with respect to the proposed actions
above. The complete case file may be inspected
at the Ocoee Development Services Department/
Planning Division located at 150 North Lakeshore
Drive, Ocoee, Florida between the hours of 8:00
a.m. and 5 :00 p.m., Monday through Friday,
except legal holidays. The City Commission may
continue these public hearings to other dates and
times, as it deems necessary. Any interested
party shall be advised of the dates, times, and
places of any continuation of these or continued
public hearings shall be announced during the
hearing and no further notices regarding these
matters will be published. You are advised that
any person who desires to appeal any decision
made at the public hearings 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 these proceedings should contact the City
Clerk's Office 48 hours in advance of the meeting
at 407 - 905 -3105.
Beth Eikenberry, City Clerk
Run Date: Jan 9, 2014
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Thursday, January 23.2014 Orlando Sentinel I Orange Extra I G3
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
FOR AN AMENDMENT TO
THE OCOEE LAND
DEVELOPMENT CODE
PERMITTED USE
REGULATIONS
Notice Is Hereby given that the Ocoee City Commission
will consider a proposed Amendment to the City of
Ocoee Land Development Code relating to Article V,
Section 5 -8 Prohibited Uses and Table 5 -1 Permitted
Use Regulations.
The OCOEE CITY COMMISSION will hold a public
hearing on the proposed amendment on Tuesday,
FEBRUARY 4, 2014, at 7:15 , pm or as soon
thereafter as practical. The public hearing will be
held in the City Hall Commission Chambers located at
150 North Lakeshore Drive, Ocoee.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING ARTICLE V, SECTION 5 -8 OF THE
LAND DEVELOPMENT CODE RELATED TO USE
REGULATIONS AND AMENDING TABLE 5 -1 OF THE
LAND DEVELOPMENT CODE RELATED TO PERMITTED
USE REGULATIONS TO ALLOW BARS AND COCKTAIL
LOUNGES AS A PERMITTED USE OR SPECIAL
EXCEPTION IN SPECIFIC COMMERCIAL DISTRICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
Interested parties may appear at the public hearing
and be heard with respect to the proposed actions
above. The complete case file may be inspected at the
Ocoee Development Services Department/Planning
Division located at 150 North Lakeshore Drive, Ocoee,
Florida between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, except legal holidays. The
City Commission may continue these public hearings
to other dates and times, as it deems necessary. Any
interested party shall be advised of the dates, times,
and places of any continuation of these or continued
public hearings shall be announced during the hearing
and no further notices regarding these matters will
be published. You are advised that any person who
desires to appeal any decision made at the public
hearings 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 these proceedings should contact
the City Clerk's Office 48 hours in advance of the
meeting at 407 - 905 -3105.
Beth Eikenberry, City Clerk Run Date: Jan 23, 2014
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