Marion County Planning & Zoning Commission

Transcription

1 Marion County Planning & Zoning Commission Date: 10/1/2013 P&Z: 10/28/2013 BCC: 11/19/2013 Item Number SU Type of Application Special Use Permit Request Special Use Permit to allow package liquor store for off-premise consumption only within 500 of a church in B-2 Community Business Owner/Applicant Kalasa, LLC/ Jignesh Mody Parcel #/Acreage /5.87 Future Land Use Commercial Existing Zoning B-2 Community Business Recommendation Approval With Conditions P&Z Recommendation: Approval With Conditions (vote 6-1 ) Project Planner Natalia Cox, Planner II Item Summary Staff is recommending Approval With Conditions to allow package liquor sales for off-premise consumption only from an existing shopping plaza within 500 of a church, in a B-2 Community Business Zoning District. Sales of certain alcohol for off-premise consumption (beer and wine) are permitted without consideration of separation in the subject zoning classification. However, the sale of liquor is regulated and must meet spacing requirements established in the Land Development Code or obtain a Special Use Permit. The package sale of liquor from this unit of the Baseline Plaza Shopping Center is for off-premise consumption only. The adjacent unit to the subject is an existing on-premise alcohol (including liquor) consumption business (The C & D s Coliseum Lounge) which predated the development of the church which is behind the multi-tenant plaza. Public Notice Notice of public hearing was mailed to 30 property owners within 300 feet of the subject property and the church within 500. No oral or written comments in opposition have been received at the time of this report s distribution. Background Location The property is located in the southwest corner at the intersection of Baseline Road aka SE 58 th Avenue and SE 24 th Street, and is improved with the Baseline Plaza Shopping Center with physical address 2478 SE 58 th Avenue Ocala. The

2 Additional Information Comprehensive Plan Amendment: N/A Photographs View looking south at the intersection of SE 24 th Street and Baseline Road. The subject property aka Baseline Plaza Shopping Center is located in the southwest corner advertising sign displayed. subject property is part of the Oakhurst No.2 Subdivision and is developed with a commercial building (1991:44,213SF) with several tenants including but not limited to C&D s Coliseum, Express Cleaners, Dollar General, Just Ice Dispenser and a plaza sign. The following table summarizes adjacent future land use designation, zoning districts and existing uses: Direction of Adjacency North South East West Request ADJACENT PROPERTY CHARACTERISITICS Future Land Zoning Use Designation Medium Density Residential Limited Commercial Commercial Medium Density Residential R-1 Single-Family Dwelling R-1 Single-Family Dwelling B-4 Regional Business R-1 Single-Family Dwelling Existing Use/MCPA Property Class (01) Improved Residential (10) Vacant Commercial (27) Vehicle Sales & Repair (71) Church The applicant requests a special use permit specifically described in the Land Development Code (LDC) Article 2, Division 8 Special Use, in a B-2 Community Business Zoning District. This special use permit will allow package liquor sales for off-premise consumption only within 500 of a church in B-2, Community Business, zoning on approximately 5.87 acres. Analysis In reaching its decision, the Planning & Zoning Commission shall find that the following exist: View looking at the Baseline Plaza Shopping Center where the proposed package store is to be located. The picture shows existing tenants C&D s Lounge, Express Cleaners and Dollar General. View of the Good News Church located west of the subject property and +/- 243 ft. west of the proposed package store. a. Granting the special use permit will not adversely affect the public interest. The subject property is an existing commercial plaza with tenants, ample parking and plaza signage. The request for a special use permit to allow the package liquor store is in accordance with provisions of Article (Alcoholic Beverages) of the Marion County Land Development Code (LDC). Section 4.3.4B of the LDC states, No establishment used for the sale of liquor or other intoxicating beverages for off premises consumption shall be located within 500 feet of any church, school, or public park in existence on the date the alcoholic beverage permit is issued. Exempted from this subsection is the sale of beer and wine for off premises consumption. The existing plaza includes an on-premise alcohol use which predates establishment of the Good News Church which is located immediately west of the subject property on the south side of SE 24 th Street, approximately +/- 243 feet in distance. A special use permit is required because the Good News Church is less than 500 feet in distance from the proposed package store, as stated in the LDC, as per Section K which states, An applicant may request a SUP for an establishment proposing sales of alcohol where the above referenced spacing requirements cannot be

3 met. Notification of all church, school, or public park facilities within the prescribed spacing distances above is required. The request as formulated, will not adversely affect the public interest. View of single family residences located north of the subject property on the north side of SE 24 th Street. b. The proposed special use permit is consistent with the current Comprehensive Plan. The FLU Map 1: Marion County 2035 Future Land Use Map of the Comprehensive Plan designates this property as Commercial. c. The proposed special use permit is compatible with land uses in the surrounding area. The subject property is surrounded by commercial businesses to the east, single family residences to the north, the Good News Church to the west and vacant land to the south. The requested use is to be conducted within a multiple-tenancy plaza with a pre-existing lounge, and the commercial plaza s frontage is not visible from the Good News Church property. Infrastructure View of existing businesses located east of the subject property on the east side of SE 58 th Avenue aka Baseline Road. View looking south within the subject property at the existing plaza parking area and the vacant wooded land located immediately south. Access to the property is from SE 24 th Street, a major local roadway, and Baseline Road, aka SE 58 th Avenue, an arterial road. Existing Conditions R/W No. R/W Min. Lanes Deficiency Width Major Local County Paved 2 60' 0 Road Classification Maintenance Surface SE 24 th Street SE 58 th Avenue Collector, Arterial (urban) State Paved 4 120' 0 Water/Sewer services are to be provided on site by Applicant. Utility Service Area Water Marion County Utilities Sewer Marion County Utilities Staff Recommendation Approval, subject to the following conditions: 1. The sale of liquor shall be permitted in any portion of the building that is occupied by the packaging liquor store. 2. This Special Use Permit shall run with Jignesh Mody, lessee of a unit in the Baseline Plaza Shopping Center, and not with the property or any subsequent tenants of the unit. 3. The applicant shall obtain the proper license for the sale of liquor from the State of Florida. 4. Liquor sales shall be limited to the hours of 10:00 AM to 9:00 PM, Monday through Thursdays, and 10:00 AM to 10:00 PM, Fridays and Saturdays. No liquor sales will be allowed on Sundays.

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