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CASSELBERRY CITY COMMISSION Minutes of February 14, 2005 - Regular Meeting Page 4 of 14 VII. OLD BUSINESS A. PUBLIC HEARING AND FIRST READING OF ORDINANCE 04-1150 - REVISIONS TO THE CITY CODE. CHAPTER 10. ALCOHOLIC BEVERAGES AND DISTANCE SEP ARA TrONS FOR ALCOHOLIC BEVERAGE SALES The City Clerk read Ordinance 04-1150 by title as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING SELECTED SECTIONS OF THE CITY CODE OF ORDINANCES, INCLUDING PART II, SEe. 10-7, SALE NEAR CHURCHES AND SCHOOLS, TO CREATE DISTANCE SEPARATIONS BETWEEN BARS, LOUNGES, AND BOTTLE CLUBS; ESTABLISH AN EXEMPTION FOR SRX LICENSE HOLDERS AND RETAIL SALES FOR NOT- FOR-ON-SITE CONSUMPTION SALES OF ALCOHOLIC BEVERAGES; AND PART ill, UNIFIED LAND DEVELOPMENT REQUIREMENTS, SECTION 5-21.2 DEFINITIONS, TO AMEND THE DEFINITIONS OF "BAR OR LOUNGES," "CHURCH OR OTHER PLACE OF WORSHIP," AND "EDUCATIONAL INSTITUTION", ADDING ANEW DEFINITION FOR AN "EDUCATIONAL F ACILITY" AND "SRXALCOHOLIC BEVERAGE LICENSE"; PROVIDING FOR SEVERABILITY, CODIFICATION, CONFLICTS, AND EFFECTIVE DATE." Legal Advertising: The Notice of Public Hearing relative to Ordinance 04-1150 was published in the Orlando Sentinel on January 30, 2005. Staff Presentation: Mr. Wells stated Ordinance 04-1150 was approved on first reading by the City Commission initially on November 22, 2004, but the Commission referred the matter back to the Planning & Zoning Commission to 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 from one property line to another, consideration of incorporation of Lake Mary's terminology of restaurants which serve alcohol for consumption on premises and bars. The Planning & Zoning Commission revised the Ordinance at its January 12, 2005, and those changes are outlined in Mr. Wells' February 4,2005 inter-office memorandum to Mr. Clifton; said memorandum is attached to and made a part of these minutes. Since the recommended changes were significant, the City Attorney had recommended that Ordinance be heard on first reading and public hearing again. Public Hearing: One (1) audience comment request form was received for Ordinance 04-1150 from the following individual: 1) John Casselberry, 700 South Lost Lake Lane, spoke in opposition to Ordinance 04-1150. No one else came forward. Mayor Goff closed the public hearing. MOTION: Commissioner Hufford moved to approve Ordinance 04-1150 on first reading as amended. Motion was seconded by Commissioner Doerner. Motion carried unanimously by voice vote.