CC Minutes 11/22/2004 - Laserfiche WebLink

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CASSELBERRY CITY COMMISSION Minutes of November 22, 2004 - Regular Meeting Page 5 of 14 Staff Presentation: Mr. Wells stated Ordinance 04-1150 provides for revisions to distance separations between businesses selling alcoholic beverages and churches and schools in City Code Section lO-7, as well as revisions /clarifications to the definitions found in Section 5-21.2 of Part 1II, Unified Land Development Regulations. Major elements of Ordinance 04-1150 were outlined in two (2) inter-office memorandums, both dated November 16,2 004, ÍÌ'om Mr. Wells to Mr. Clifton, and both inter-office memorandums are attached to and made a part of these minutes. The Planning & Zoning Commission initiated the review of this section of City Code due to the trend of converting restaurants into bars in order to accommodate smoking, which became prohibited by enactment of the Florida Clean Indoor Air Act. The Planning & Zoning Commission unanimously recommended approval of Ordinance 04-1150 at its October 27, 2004 meeting. Staff recommended that should the City Commission choose to provide comments on Ordinance 04-1150, that the comments be referred back to the Planning & Zoning Commission for further consideration. Commission Discussion: The Commission discussed the potential impacts Ordinance 04-1150 may have on future development projects including the proposed City Center project. It was noted that the State of Florida specifically provides an exemption for restaurants in their separation criteria, and it may be in the best interest of the City to do likewise to protect the ability to develop the remaining commercial property in the City. Mayor Goff requested a map noting existing affected businesses, churches and schools in order to visualize the impacts of the proposed ordinance. Commission consensus was to have the Planning & Zoning Commission consider whether locations outside of the city limits would affect those within the city limits, reconsideration of the method of measuring the separation requirements from the normal route of pedestrian travel to the distance ÍÌ'om one property line to another, consideration of incorporation of Lake Mary's terminology of restaurants which serve alcohol for consumption on premises and bars. MOTION: Commissioner Doerner moved to approve Ordinance 04-1150 on first reading as presented, and to have the Planning & Zoning Commission consider whether locations outside of the city limits would affect those within the city limits, reconsideration of the method of measuring the separation requirements, and consideration of incorporation of Lake Mary's terminology of restaurants which serve alcohol for consumption on premises and bars. Motion was seconded by Commissioner Hufford. Motion carried unanimously by voice vote. Next Public Hearing Date: No public hearing date was set for Ordinance 04-1150. Significance of any suggested changes made by the Planning & Zoning Commission wilI determine whether Ordinance 04-1150 is brought back for final adoption or reheard on first reading.