Ordinance 2007-277 - Laserfiche WebLink

Home Browse Search

Development Parcel - A parcel of land and water used for residential or nonresidential structures, accessory structures, utilities, rights-of-way, easements, agriculture, open space, and other public or private uses. (emphasis added) Floor Area Ratio (FAR) - The number calculated by dividing the gross floor area of the building (or buildings) on a lot by the gross area of that lot. Gross Acre or Gross Area - The total area of a parcel including land and water. (emphasis added) The Code's formulas for the determination of both net density and floor area ratio involve terms which explicitly include "water", i.e. submerged lands. To not include submerged lands for the purposes of calculating density and floor area would actually violate the Code. On a separate but related matter, Mr. Ottinot opined that the Code provisions excerpted below would not exempt the package liquor store proposed to be located in the new proposed Publix shopping center from having to apply and receive conditional use approval. Please note that the proposed shopping center will have a total of 50,000 square feet of floor area and 236 parking spaces. Section 98-8. Conditional use approval required. In addition to the regulations contained in this chapter, the conditional use approval requirements set forth in S 265-13 of the Land Development Regulations shall apply to alcoholic beverage establishments which are not able to satisfy the requirements set forth in SS 98-4 and 98-5 ofthis chapter. Section 98-4. Location of establishments. No premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 750 feet from a place of business having an existing, unabandoned, legally established alcoholic beverage use which permits consumption on or offthe premises and from a church or public school. *** Section 98-5. Exceptions from the distance requirements. The restrictions and spacinJ! requirements set forth in .~ 98-4 above shall not applv to: MIA 179498691v1 12/13/2006 Greenberg Traurig. P.A.