PASCO COUNTY, FLORIDA

 INTEROFFICE MEMORANDUM

 

                                                                                                                                                                       

 

TO:        Honorable Chairman and                               DATE:    9/13/02              FILE:   ZN02-267

Members of the Board of

County Commissioners

 

 

THRU:    Bipin Parikh, P.E.                                           SUBJECT:     Waiver of Specific Distance

Assistant County Administrator                                             Requirement for Conditional

(Development Services)                                                        Use Consideration - Trinity Retail,

    LLC/Anthony's Italian Restaurant

    BCC Meeting:  9/24/02

 

FROM:   Debra M. Zampetti                                          REFERENCES:    Comm. Dist. 3

Zoning/Code Compliance

Administrator

 

                                                                                                                                                                       

 

 

It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners.

 

DESCRIPTION AND CONDITIONS:

 

The applicant, Trinity Retail, LLC/Anthony's Italian Restaurant, in accordance with Pasco County Land Development Code, Article 300, Section 303.3.A.6, is requesting a waiver of the specific distance limitation of 1,000 feet from a school for conditional use consideration for the sale and consumption of alcoholic beverages from the provisions set forth in Article 500, Zoning; Section 526, C-2 General Commercial; Subsection 526.3, Conditional Uses.

 

The subject site is located on the northwest corner of Little Road and Mitchell Boulevard (Parcel ID Nos. 26-26-16-0000-00100-0013 and 35-26-16-0000-00100-0070), a.k.a. Anthony's Italian Restaurant, Mitchell Crossings Shopping Center, 8809 Mitchell Boulevard, New Port Richey, Florida, and will contain a 2,400-square-foot restaurant.

 

The surrounding zoning districts and land uses are as follows:

 

 

 

 

Zoning District

 

Land Use

 

North:

 

A-C Agricultural

 

Undeveloped; J. W. Mitchell High School; Seven Springs Middle School

 

East:

 

A-C Agricultural

 

Little Road; Undeveloped

 

South:

 

C-2 General Commercial

 

Mitchell Boulevard; Undevel­oped

 

West:

 

A-C Agricultural

 

Undeveloped

 

 

The applicant proposes to apply for a conditional use for the sale of alcoholic beverages (2-COP):  beer and wine only, on-premises consumption, in conjunction with the operation of a restaurant.

 

The Pasco County Land Development Code, Article 500, Zoning; Section 526, C-2 General Commercial District; Subsection 526.3, Conditional Uses; states the following:

 

A.         The sale or consumption of alcoholic beverages within alcoholic beverage business establishments as defined in Article 200 of this Code and as permitted under County, State, and Federal regulations provided:

 

1.         No such sale of alcoholic beverages may occur or be conducted within 1,000 feet of any school, church, place of worship, or public park, as measured from the structure used as vendor's place of business to the nearest property line of the school, church, place of worship, or public park.

 

The Pasco County Land Development Code, Article 300, Administration and Enforcement; Section 303, Zoning Administration and Procedure; Subsection 303.3.A.6, Conditional Uses; states the following:

 

Specific distance limitations precluding the application for or granting of a conditional use, as set forth in other provisions of this Code, may be waived by motion of the Board of County Commissioners.

 

FINDINGS OF FACT:

 

1.                  The applicant proposes a 2,400-square-foot restaurant within the Mitchell Crossings Shopping Center.

 

2.                  Access to the property is from Little Road, which has 210 feet of right-of-way, and/or Mitchell Boulevard, which has 210 feet of right-of-way.

 

3.                  The applicant must first obtain the subject waiver of the 1,000-foot separation distance from a school in order to be allowed to submit a conditional use application for the sale of alcoholic beverages.  The J. W. Mitchell High School and the Seven Springs Middle School are located approximately 640 feet north of the subject restaurant.

 

4.                  Staff received a letter from Michael B. Rapp, Director, Department of Planning, District School Board of Pasco County, stating that ". . . the School Board takes no official position in this matter, but defers to the County Commission to make the proper decision."

 

ALTERNATIVES AND ANALYSIS:

 

1.                  Deny the subject waiver request.

 

2.                  Approve the subject waiver of the specific distance limitation of 1,000 feet from a school.

 

RECOMMENDATION:

 

The Growth Management Department, Zoning/Code Compliance Division staff recommends that the Board of County Commissioners approve Alternative No. 1, denying this waiver request due to the letter from the Pasco County District School Board taking no official position.

 

If this waiver request is approved, it shall not constitute the granting of a conditional use request.  This shall only allow the applicant to apply for a conditional use for the sale of alcoholic beverages (2-COP):  beer and wine only, on-premises consumption, in conjunction with the operation of a restaurant, and shall be heard at public hearings.

 

ATTACHMENTS:

 

1.                  Waiver Application

2.                  Letter from Letter from Michael B. Rapp, Director, Department of Planning, District School Board of Pasco County

3.                  Visuals (Copies)

 

DMZ/EPR/ai/a091101/07

 

BOARD OF COUNTY COMMISSIONERS ACTION:

 

 

APPROVED AGENDA ITEM FOR

 

DATE                                             

 

BY