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<br />\'.' <br /> <br />Hans Ottinot <br />December 12,2006 <br />Page 2 <br /> <br />On ,a separate but related matter, it is also our OpInIOn that the Code provisions <br />excerpted below would exempt the package liquor store proposed to be located in the new <br />proposed Publix shopping center from having to apply and receive conditional use approval <br />since it will be part of a shopping center which will have a total of 50,000 square feet of floor <br />area and 236 parking spaces. <br /> <br />Section 98-8. Conditional use approval required. <br /> <br />In addition to the regulations contained in this chapter, the conditional use approval <br />requirements set forth in ~ 265-13 of the Land Development Regulations shall apply to <br />alcoholic beverage establishments which are not able to satisfy the requirements set <br />forth in S~ 98-4 and 98-5 of this chapter. <br /> <br />Section 98-4. Location of establishments. <br /> <br />No premises shall be used for the sale of any alcoholic beverages, as defined herein, to <br />be consumed on or off the premises where the structure or place of business intended <br />for such use is located less than 750 feet from a place of business having an existing, <br />unabandoned, legally established alcoholic beverage use which permits consumption on <br />or off the premises and from a church or public school. <br /> <br />*** <br /> <br />Section 98-5. Exceptions from the distance requirements. <br /> <br />rite restrictions and soacine requirements set forth in S 98-4 above shallllot apply to: <br /> <br />*** <br /> <br />G. Package stores in shopping centers in B-1 and Town Center District. Package stores <br />in shopping centers in a B-1 and Town Center District WIder one ownership with an <br />improved building area of not less than 41,000 square feet of floor area thereon, and <br />with an improved and developed parking area of not less than 221 vehicles. Only one <br />package store will be permitted in the shopping center. <br /> <br />Please advise in writing as to whether you agree with our opinions expressed above regarding <br />the inclusion of submerged lands for the purposes of calculating permitted density and floor <br />area as well as our conclusion that the package liquor store proposed to be located at the new <br /> <br />MIA 179496497v1 12/11/2006 <br /> <br />Greenberg Traurig. PA <br />