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HomeMy WebLinkAbout1999 08 30 Public Hearings Item C Date: 08301999 The following Item was addressed at the Meeting held on 08/30/1999 which was a continuation of Meeting 08/23/1999. COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular August 23, 1999 Meeting ~~ Mgr. 1 . Authorization REQUEST: The City Manager requests the City Commission consider a first reading of Ordinance #735 amending Chapter 3, Alcoholic Beverages of the City Code. PURPOSE: The Commission is asked to consider a first reading of Ordinance #735 amending Chapter 3, Section 3-1, Alcoholic Beverages of the City Code. APPLICABLE LAW AND PUBLIC POLICY: Chapter 3, Section 3-1, Alcoholic Beverages CONSIDERATIONS:. . In May 1999 the City Commission directed the City Manager and City Attorney to review and prepare an amendment to Chapter 3 regarding the issue of distance requirements between alcoholic beverage vendors and existing churches and schools; providing for the circumstance where the church or school moves in near an existing vendor; and, waiving these distance regulations in the Town Center. CDD/August 13, 1999111:55 AM August 23, 1999 PUBLIC HEARlNG AGENDA ITEM C Page 2 . The draft amendment was transmitted to the Commission as an Informational Agenda Item on August 9, 1999, August 11, 1999 and August 16, 1999. . A second Public Hearing will be scheduled for September 13, 1999. STAFF RECOMMENDATION: The City Manager recommends that the Commission consider the proposed amendment to Chapter 3 regarding alcoholic beverage vendors and existing churches and schools and provide direction. ATTACHMENTS: A. Ordinance #735 amending Chapter 3, Section 3-1 of the City Code. CDD/August 13, 1999/11:55 AM ATTACHMENT A ORDINANCE NO. 735 AN ORDINANCE OF THE CITY COMMISSSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SETION 3-1 OF CHAPTER 3 ENTITLED "ALCOHOLIC BEVERAGES", PROVIDING THAT NO NEW BUSINESS ENGAGED IN THE SALE, SERVING OR ALLOWING THE CONSUMPTION OF ALCOHOLIC BEVERAGES SHALL BE LOCATED WITHIN TWO-HUNDRED (200) FEET OF A CHURCH OR A PUBLIC OR PRIVATE SCHOOL INSTRUCTING MINORS; ADDRESSING EXISTING BUSINESSES; ADDING A NEW SECTION 3-2 PROVIDING FOR CERTAIN EXCEPTIONS; IN THE AREA DESIGNATED TOWN CENTER UNDER THE CITY'S ZONING REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs has long regulated the sale of alcoholic beverages by new businesses locating within two hundred (200) feet of a church, or a public or private school operated for the instruction of minors; and, WHEREAS, the City desires to maintain these regulations as to existing businesses; and WHEREAS, the City desires to clarify that in those instances where a church or school moves within two hundred (200) feet of an existing business selling alcoholic beverage, both the church or school and the existing business may continue to operate; and WHEREAS, the City desires to clarify that new businesses selling, serving or allowing the consumption of alcoholic beverages shall be permitted to locate in said Town Center NOW THEREFORE, THE CITY OF WINTER SPRINGS ORDAINS AS FOLLOWS: SECTION I. Section 3-1 of Chapter 3 entitled "Alcoholic Beverages" is amended, by striking through repealed language and underlining new language, to read as follows: Sec. 3-1 Location of business engaged in sale prohibited near church or school. (a) No business proposing to engage in the sale or serving or allowing the consumption of alcoholic beverages (alcoholic beverages defined as all beverages containin~ more than one (1 ) percent of alcohol by weight) shall be allowed to locate Ne liqoor beer or wine shall be sold within two hundred (200) feet in an airline of from any existing church or a public or private school operated for the instruction of minors in the common branches learning, relating to pre- kindergarten through grade 12 with said distance being measured from building to building at their closest points,- Whenever a vendor of alcoholic beverages has procured a license certificate permitting the sale of alcoholic beverages and. thereafter. a church or school shall be established within two hundred (200) feet of the vendor of alcoholic beverages. the establishment of such church or school shall not be cause for the discontinuance or classification as a nonconforming use of the business as a vendor of alcoholic beverages. (b) Interpretation of "Church Property" A church is a facility orimarilv intended for the purpose of conducting organized religious worship services and permitted accessory uses. Church property. as used in this Part. is the ground or land upon which a church and its permitted accessory uses are located and which is in ownership or lease control of the church on the property . (c) Interpretation of "School Property" The word "school" as used in this Part shall mean any public. private or parochial institution conducting and offering to minors a course of general or vocational education and mental training. School property. as used in this Part. is the ground or land upon which a school and its permitted accessory uses are located and which is in ownership or lease control of the school on the property. SECTION II. A new section 3-2 is added to Chapter 3 "Alcoholic beverages", said new Section 3-2 to read as follows: 3-2 Alcoholic Beverae:e Vendors in the Town Center In those areas zoned Town Center Zoning District or GreeneWay Interchange Zoning District. a variety of densely developed land uses are encouraged in the area and the restrictions set for in Section 3-1 shall not apply. SECTION m. Conflicts. All Ordinances in conflict for the provisions of this Ordinance are hereby superceded and this Ordinance shall prevail. SECTION IV. Severability. If any words, phrase, sentence or portion of this Ordinance is stricken by a Florida Court of competent jurisdiction, all other terms and conditions of the Ordinance not specifically stricken shall remain in full force and effect. SECTION V. Effective Date. This Ordinance shall become effective upon its adoption by the City Commission of the City of Winter Springs, Florida. DONE AND ENACTED in regular session of the City Commission of the City of Winter Springs, Florida this day of , 1999. ATTEST: Andrea Lorenzo-Luaces, Acting City Clerk CITY OF WINTER SPRINGS, FLORIDA ~ayorPauIP.Partyka