OASIS LIQUOR ALCOHOL SALES

Transcription

1 Staff Report to the Board of Zoning Ad justment December 19, 2017 VAR I t e m #3 OASIS LIQUOR ALCOHOL SALES Clarcona Ocoee Rd. Location Map S u m m a r y Applicant Nidal Alqabalan, President Oasis Liquors Owner Ami Peleg, Owner Rosemont Plaza, LLC Project Planner Jacques Coulon, Planner II Updated: December 11, 2017 Property Location: 5772 N Orange Blossom Trl. Ste 180, south side of N Orange Blossom Trail, north of Cinderlane Pkw, south of Clarcona Ocoee Rd., (±10.29 acres, District 3). Applicant s Request: Variance to permit a package liquor store to be located within 500 ft. of an exiting church and school. Subject Site Staff s Recommendation: Approval of the requested variance subject to the conditions of the staff report. Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property during the week of December 6, As of the published date of this report, staff has received a letter of support from the Church of Living Waters Apostolic, Inc..

2 Page 2 Future Land Use Map Zoning Map

3 Page 3 Project Analysis Project Description The subject property is located at the western side of N Orange Blossom Trl., south Clarcona Ocoee Rd. in a large shopping center. The applicant is seeking to occupy an existing suite in the shopping center and open a package store selling beer, wine, and liquor. The location is located less than 500 ft. from an existing church and school. In order to operate at the proposed location a variance is required. Background: 1985: Existing commercial plaza constructed. 2002: School property acquired by OCPS (6125 N Orange Blossom Trl.). 2015: Subject Site acquired by current owner. Intent of District Per LDC Sec The AC-1 district is intended to provide for concentrated areas of community-serving commercial, office, residential, recreational and cultural facilities, at higher intensities than in surrounding neighborhoods. Although some Community Activity Centers may be composed of a single type of use, a mixture of land uses is specifically encouraged. These activity centers are intended for locations where a combination of arterials and four lane collectors and mass transit service are available, providing access to other activity centers and surrounding neighborhoods. Analysis As was previously mentioned the subject property is located on the western side of N Orange Blossom Trail in an existing shopping center. The shopping center is approximately 118,000 sq. ft. in size and the applicant is seeking to occupy a 2,450 sq. ft. suite to open a package liquor store. Per LDC Sec a minimum separation of 1,000 ft. from churches and schools is required to operate a full liquor store. If the proposed location is less than 500 ft. from a church or school then it may only be approved through a Variance. As previous mentioned an OCPS school is located on the north side of N Orange Blossom Trl. And a church is also operating within the same shopping plaza as the proposed liquor store. Per LDC Sec The distance shall be measured by the shortest, most direct bearing and distance from the property line of the church or school grounds in use as part of the church or school facilities to the nearest entrance of the establishment serving alcoholic beverages open to the public during normal business hours. Using this method provides a separation of just ±480 ft. to the OCPS school, ±350 ft. to the River of Life Church and as the Church of Living Waters Apostolic, Inc. is located on the same property as the liquor store there is a separation of 0 ft.. Shopping centers by their nature contain a mix of uses, in this case two of the uses include the church and liquor store. The hours of the church in the same plaza and liquor store should be minimal and staff does not anticipate any negative consequences to the church from the establishment of the liquor store in the shopping plaza. As previously mentioned the OCPS School (Positive Pathways Transition Center) is located on the north side of Orange Blossom Trail. In this section of OBT the road contains 4 travel lanes as well as substantial shoulders and median. The ROW is nearly 200 ft. wide. Staff feel that the 200 ft. ROW as well as the location of the liquor store within the core of the shopping center provide adequate buffer from the school. In summary staff is recommending approval of the Variance Request subject to the conditions in this staff report.

4 Page 4 Applicant Provided Map Proposed Location

5 Page 5 Site Photos View of the subject property from N Orange Blossom Trail. View of the OCPS School located across the street from the subject property.

6 Page 6 6 Findings and Recommendations Requested Variance A) Variance to permit the package sale of beer, wine and liquor within 500 ft. of a church and school where a 1,000 ft. separation is required per LDC Sec Staff Recommendation: Approval of the requested variance based on the finding that the variance meets all six (6) standards for approval of a variance, subject to the following conditions. 1) Development shall be in strict conformance with all conditions and the survey and site plans found in this report, subject to any modification by the Board of Zoning Adjustment (BZA) and/or City Council. Minor modifications to the approved variance may be approved by the Zoning Official. Major modifications, as determined by the Zoning Official, shall require additional review by the BZA. 2) All other applicable state or federal permits must be obtained before commencing development. 3) As provided by subsection (5), Florida Statutes, issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. In accordance with subsection (5), Florida Statutes, it is hereby made a condition of this permit that all other applicable state or federal permits be obtained before commencement of the development. 4) Expiration of the Zoning Variance. A building permit for the work requiring the zoning variance must be received within one year of the zoning variance approval. If the building permit is not received within the year, then the zoning variance is no longer valid a new variance must be applied for. 5) Administrative Extension of the Zoning Variance. The zoning official may extend a zoning variance by up to six months. The holder of the zoning variance must request such an extension by application for a zoning official determination at least 30 days, but not more than 90 days, before the expiration of the zoning variance. Note to Applicant: The proposed variance only addresses the Land Development Code standards expressly represented in this staff report and any relief to such standards as approved. The relief granted through the variance(s) is restricted to the subject property as noted in the staff report and is not transferable to other parcels of land. The next step in this variance request is City Council consideration of the Board of Zoning Adjustment's recommended action (provided it is not appealed) at an upcoming City Council meeting. Possible City Council approval of this variance request does not constitute final approval to carry out the development proposed in this application. The applicant shall comply with all other applicable requirements of the Land Development Code, including any additional review requirements, and shall receive all necessary permits before initiating development. Please contact the Permitting Services Division of the City of Orlando to inquire about your next steps toward receiving a building permit.

7 Page 7 7 Aerial Photo Subject Property Proposed Liquor Store Existing Churches Existing OCPS School

8 Page 8 8 Standards for Variance Approval Variance to permit a package liquor store to be located within 500 ft. of an exiting church and school Special Conditions and Circumstances Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Zoning violations or nonconformities on neighboring properties shall not constitute grounds for approval of any Not Self-Created The special conditions and circumstances do not result from actions of the applicant. A self-created hardship shall not justify a Zoning Variance; i.e., when the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not entitled to relief. No Special Privilege Conferred Approval of the Zoning Variance requested shall not confer on the applicant any special privilege that is denied by this Chapter to other lands, buildings, or structures in the same zoning district. Meets Standard Yes No The subject property is located within an existing shopping center which happens to have an OCPS school approximately 480 ft. to the northeast of the subject site across N Orange Blossom Trail (a 4 lane major thoroughfare), as well as a church located within the same shopping center as the proposed site. Meets Standard Yes No The applicant did not place the church or school in their current locations and is not proposing to build any new buildings but rather to occupy an existing suite. Meets Standard Yes No Approval of the requested Variance will not confer any special privilege to the applicant. Deprivation of Rights Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter and would work unnecessary and undue hardship on the applicant. Financial loss or business competition shall not constitute grounds for approval of any variance. Purchase of property with intent to develop in violation of the restrictions of this Chapter shall also not constitute Minimum Possible Variance The Zoning Variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure. Purpose and Intent Approval of the Zoning Variance will be in harmony with the purpose and intent of this Chapter and such Zoning Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Meets Standard Yes No Denial of the variance would deprive the owner/applicant of rights enjoyed by others in a similar circumstance, in that other sites (depending on when constructed or developed) have been approved for a distance less than 1000 ft. from a church or school in the past. Meets Standard Yes No The requested Variance is the minimum possible variance allowed for the site to be utilized for alcohol sales. Meets Standard Yes No Approval of the proposed variance will not have a harmful effect on the neighborhood and will not be detrimental to the public welfare.

9 Page 9 Page 9 Applicant responses