Ordinance 2007-277 - Laserfiche WebLink

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0NNY ISl <.:c,~('J' O~ .~~ :;, ~\~ -II '" \" ~\., . u, 'I~ ,\\:,:.~'" ..' , I, .~...;. :":::;':-'::::'-',,'1. /" /9;i_':::"b\o~ "vV': ..y~ .. FlOy.. '-J considered within the definition of a lot area, which is defined as the "area enclosed fjyY1heU\~ 1'0" exterior boundaries of the /ot". See. Section 265-5 of the Land Development Regulations (emphasis added). Moreover, a lot is defined as "designated parceL tract, or area of land established by plat, subdivision. or as otherwise pelmitted by law, to be separately owned, used developed, or built upon". Clearly, the submerged lands owned by your client are outside the lot area and the lands have not been established by plat. Your letter, conveniently, did not mention the definition of lot area. Further, the legislative history clearly indicates that the City Commission had agreed to allow property owners to use submerged lands within the established boundaries of the property. A copy of the City Commission Meeting minutes relating to the discussion of submerged lands is attached hereto. Based on the foregoing, it is undisputed that the submerged lands in question cannot be used for density and floor area purposes. Your attempt to construe the City Code in a beneficial way for your client is not consistent with the Code. Conditional Use Requirement In your letter. you asserted that the proposed liquor store in the new Publix should not have to apply for conditional use approval because it meets the exemption requirements under Section 98-5 of the City Code. While your letter failed to indicate whether the proposed liquor store is a pennitted use, you are requesting that' we treat it as a permitted use. As indicated previously, the proposed liquor store is a conditional use because it does not satisfY the exemption requirements. In order to satisfy the exemption requirements, the liquor store must be located in a shopping center in the B-1 or Town Center zoning districts. Here, the liq uor store is located in the Cultural and Educational Zoning Overlay district (the "CEO"). The CED is more restrictive than the B-1 zoning district. Moreover, the liquor store is not located in a "shopping center", which is defined as "a group of retail and other commercial establishments that is planned, owned and managed as a single property". See, A Glossary of Zoning, Development, and Planning Tenns, edited by Michael Davidson and Fay Dolnick, 1999. The information provided by you clearly established that the Publix will be located within a mixed use development which consists of one standalone store and condominiums with multiple ownerships. This type of development does not fit within the definition of shopping center. The controlling definition in this matter is the definition of conditional use. Section 265-13 of the LDRs provides that "conditional uses are generally compatible with the other land uses permitted in a zoning district but, because of their unique characteristics or potential impacts on the surrounding neighborhood and the City as a whole. require individual review as to their location, design, configuration, and/or operation for the particular use at the particular location proposed......in order to ensure the use is compatible with the surrounding neighborhoods and appropriate at a particular location." In light of its unique characteristics and potential impact on surrounding neighborhoods, the City Code requires a liquor store to be treated as a conditional use if they are not able to satisfY the exemption requirements set forth in Section 98-5 of the City Code. The proposed liquor store will be treated as a conditional use.