CUP2016-00020
ITEM #1
Staff Report to the
Municipal Planning Board
October 18, 2016
BOUTIQUE BAR
ALCOHOLIC SALES
Location Map
Subject Site
S U M M A RY
Owners
Albino Teixeira,
Park Place Advantage LLC
Applicant
Rick Kowalczyk III, Owner
RK Barr LLC
Project Planner
Jacques Coulon
Updated: October 10, 2016
Property Location: The pr oper ty is located in
the East Central Park neighborhood at 2405 E
South St., north side of E South St., west of S
Graham Ave., east of S Bumby Ave., (0.31
acres, District 4)
Staff’s Recommendation:
Staff recommends approval of the Conditional
Use Permit application subject to the conditions
in this report.
Applicant’s Request:
Conditional Use Permit to permit the sale of
alcohol within 1,000 ft. of a church for a new
bar.
Public Comment
Courtesy notices were mailed to property owners
within 300 ft. of the subject property the week of
October 3rd, 2016. As of the published date of
this report, staff has not received any comments
from the public concerning this request.
Page 2
FUTURE LAND USE MAP
MUC-MED
MUC-MED
ZONING MAP
R-1A/T/AN
MU-1/T/AN
Page 3
P R O J E C T A N A LY S I S
Project Description
The subject property is located at the northeast corner of S. Bumby Ave. and E South st., south of E Jackson St. Dr. in the East Central Park neighborhood. The applicant is requesting a Conditional Use Permit (CUP) to permit the sales of alcohol for on-site consumption at their proposed bar within 1,000 ft. of a church; the Trinity United Methodist Church is located approximately 640 ft. to
the west. The subject site is a total of 0.31 acres and specifically the applicant is proposing to open a cocktail bar in a +968 sq.ft.
portion of the building.
The property has the Mixed Use Corridor-Medium Intensity (MUC-MED) future land use designation and MU-1 zoning with the
Traditional City (/T) and Aircraft Noise (AN) overlays. The proposal is consistent with the Zoning and Future Land Use designations.
Previous Actions:
 1946: Existing single-story retail building constructed.
 08/2000: Property acquired by current owner.
 08/2016: Furniture store closed opening up the space the bar will occupy.
Project Context
The subject property contains a single-story 8,209 sq.ft. (gross) commercial building and is bordered to the north by the Southern
Nights Bar, to the west by small offices, to the south by E South St. and SR-408, and to the east by additional commercial uses. The
proposed development will be compatible with the surrounding uses. (See Table 1)
Table 1—Project Context
North
Future Land Use
Zoning
Surrounding Use
Office Low Intensity
(OFFICE-LOW)
Low Intensity Office—Residential with Traditional City
and Aircraft Noise Overlays (O-1/T/AN)
Southern Nights - Nightclub
East
Mixed Use Corridor Medi- Medium Intensity Mixed Use Corridor with Traditional
um Intensity (MUC-MED)
City and Aircraft Noise Overlays(MU-1/T/AN
Retail
South
Residential Low Intensity Single Family Residential with Traditional City and Air(RES-LOW), (Across SRcraft Noise overlays (R-1A/T/AN), (Across SR-408)
408)
SR-408, across E South St.
West
OFFICE-LOW
O-1/T/AN
Offices
Conformance with the GMP
The +/-0.31 ac. developed subject property is generally located north of E. South St., south of E. Jackson St., east of S. Bumby Ave.
and west of S. Graham Ave. Uses surrounding the site is a nightclub/bar to the north, SR408 to the south, office to the west and indoor recreation/personal services to the east. The property has the Mixed Use Corridor-Medium Intensity (MUC-MED) future land
use designation and MU-1 zoning with the Traditional City (/T) and Aircraft Noise (AN) overlays. Commercial uses are allowed in
the Mixed Use Corridor -Medium Intensity future land use designation. No Future Land Use Subarea Policies apply to this site. The
requested CUP is to address distance requirements concerning sale of alcohol within 1,000 ft. of a church and will not require a
change in the building footprint.
Conformance with the LDC
The development site has an existing zoning designation of MU-1. Per LDC Section 58.321, The MU-1 District is “intended to provide for areas of mixed residential and office uses extending along and oriented to arterial and four (4) lane collectors, at intensities
compatible with adjacent neighborhoods. Commercial, public, recreational & institutional uses and conservation uses are also consistent in these areas as part of mixed use development or when otherwise subject to appropriate limitations, conditions and safeguards. A mixture of land uses is specifically encouraged. This district is intended for locations where mass transit service is available or programmed.” The proposed use as an eating and drinking establishment is keeping with the purpose of the MU-1 zoning
district and is a permitted use within the district.
Regarding the sales of alcoholic beverages outside the AC-3A/T zoning district Sec. 58.710 of the Land development Code states
that “no vendor of alcoholic beverages shall maintain a place of business within one thousand (1,000) feet of the real property that
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comprises a school or church.”. As previously stated the proposed location is approximately 640 ft. from an established church. The
Land Development Code does provide potential relief to certain businesses through the Conditional Use Permit process as outlined
in LDC Sec. 58.713 (c).
Conditional Use Permit Criteria (LDC Section 65.285)
The Municipal Planning Board and City Council shall consider the following factors in their review of Conditional Use Permit
(CUP) applications:
1. Purpose and Intent. The purpose and intent of the use and all other requirements of the LDC.
2. Growth Management Plan (GMP). The consistency of the proposal with all applicable policies of the City's adopted GMP.
3. Compatibility. The compatibility of the proposal with surrounding land uses and the general character of the area including such
factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, etc.
4. Public Facilities and Services. Will necessary public facilities (both on- and off-site), such as transportation, sanitation, water,
sewer, drainage, emergency services, education, recreation, etc. be adequate to serve the proposed use.
5. Residential Displacement. Determine the extent to which the proposed use, location and building site design would displace
existing residential uses on the site or would encourage displacement of residential uses adjacent to the site, and consider alternative uses, locations and/or site designs which could minimize residential displacement.
6. Other Matters. Any other matter which the Board/Council may deem appropriate and relevant to the specific proposal.
Development Standards:
The applicant is not proposing any alterations to the site and is not proposing any substantial improvements to the building as part of
their build out of the tenant space they will occupy. The applicant will occupy +968 sq.ft. of the 8,209 sq. ft. (gross) building. Both
the building and parking appear to have been originally constructed in 1946.
Transportation
The site is accessed directly off of E South St. and S Bumby Ave. with angled parking located directly in front of and to the side of
the building. It appears that the parking for the building has been in its current location and arrangement for an extended amount of
time, (exactly how long is unclear). While the proposed bar is not a substantial improvement for the property the applicant acknowledges that parking can be difficult at this site. As noted in Table 4 there are 15 parking spaces associated with this building while the
minimum number of spaces required by
Table 4—Parking Requirements
code is 18. The applicant proposes to use
existing off-site parking agreements to
Use
Sq. Ft. Minimum Minimum Maximum Maximum
accommodate additional parking needs
Ratio
Spaces
Ratio
Spaces
and has provided copies of those off-site
Required
Permitted
parking agreements. If no parking is available in the spaces in front of the building Retailing - light, intensive
2.5:1,000
5:1,000
than customers can go to the Southern
& shopping centers: 4,000 - 8,209
18
21
GFA
GFA
Nights Bar, immediately to the north,
400,000 sf GFA
which is also operated by the applicant,
Total Required
18
and use the valet service there. Southern
Nights requires a total of 46 parking spac- Total Provided
Total—15*
es for the nightclub (9276 sq. ft. @5 per
*the applicant has provided off-site parking agreements to accommodate the additional
1,000 sq.ft. = 46 spaces) 37 of which are
parking spaces required.
provided on-site with an additional 30+
spaces directly across S Bumby St.).
Public Safety
The Orlando Police Department has reviewed the plans for Boutique Bar located at 2405 E. South St., utilizing CPTED (Crime Prevention Through Environmental Design) principles. CPTED emphasizes the proper design and effective use of a created environment to reduce crime and enhance the quality of life. There are four overlapping strategies in CPTED that apply to any development:
Natural Surveillance, Natural Access Control, Territorial Reinforcement and Target Hardening.
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AERIAL PHOTOS
Church
Subject Site
Page 6
PROPOSED SITE PLAN
Location
of valet.
Location
of offsite
parking
Path between
Valet and Bar
Note: MPB approval is for the exhibits shown and subject to the conditions of approval found within this staff report and as approved by City Council. All exhibits, project descriptions, and footnotes submitted as part of the application are superseded by this
staff report.
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SITE PLAN
PROPOSED
FLOOR PLAN
Note: MPB approval is for the exhibits shown and
subject to the conditions of approval found within
this staff report and as approved by City Council. All
exhibits, project descriptions, and footnotes submitted as part of the application are superseded by this
Page 8
SITE PHOTOS
View of site from E South St. looking north.
View of the intersection of S. Bumby Ave. and E South St. looking northeast.
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FINDINGS
Subject to the conditions contained herein, the proposal is consistent with the requirements for approval of the Conditional Use Permit applications contained in Section 65.285 of the Land Development Code (LDC):
1. The proposed use is consistent with the purpose and intent of the LDC.
2. The proposed use is consistent with the City’s Growth Management Plan.
3. The proposed use will be compatible with surrounding land uses and the general character of the area.
4. The necessary public facilities be adequate to serve the proposed use or will be provided by the applicant as a condition of this
approval.
Staff recommends approval of the Conditional Use Permit subject to the following conditions:
C O N D I T I O N S O F A P P R O VA L
Growth Management
1. The Comprehensive Planning Studio has no objections to this request.
Land Development
1. Land Use and Zoning. Except as provided herein, development of the property shall be consistent with the development standards of the MU-1/T/AN zoning district.
2. Scope of Conditional Use. This use shall operate only as described within this report. All of the improvements shown in the attached site plan (and as amended by any conditions found herein) are required as a condition of approval. Any changes in the
use of the site, the operation of the project, or the site plan as described herein may require a new or amended Conditional Use
Permit/MPL (see "Minor Modifications" condition). This approval is not transferable to another property.
3. General Code Compliance. Development of the proposed project should be consistent with the conditions in this report and all
codes and ordinances of the City of Orlando, the State of Florida, and all other applicable regulatory agencies. All other applicable state or federal permits must be obtained before commencing development.
4. Minor modifications. Zoning variances and modification of standards may be approved pursuant to the procedures set forth in
Part 2J and Part 2F, Chapter 65, Orlando City Code, respectively. The planning official may also approve minor modifications
and design modifications to fences, walls, landscaping, accessory structures, signs, and bufferyard requirements. Additionally,
recognizing that development plans can change in small ways between the planning and permitting stages of development, the
planning official may approve up to a 10% modification of any applicable numerical development standard if the planning official finds that the proposed modification is consistent with the applicable goals, objectives, and policies of the GMP, is compatible with nearby existing land uses, would not result in inadequate public facilities, and is otherwise consistent with the public
health, safety, and welfare. When approving such a modification of a development standard, the planning official may impose
one or more of the conditions of development provided at section 65.334, Orlando City Code, but such condition or conditions
must be reasonably calculated to mitigate the identifiable land use impacts of the modified standard.
5. Regulations Subject to Code. Except as provided herein, the proposed project is subject to the conditions of this report and all
codes and ordinances of the State of Florida, City of Orlando and all other applicable regulatory agencies. All other applicable
state or federal permits must also be obtained before commencing development.
6. CUP Expiration. Approval of the Conditional Use by City Council shall grant the applicant authority to submit an application
for a building permit. The permit application must be submitted and a permit issued within two (2) years of approval of City
Council or the Conditional Use Permit shall expire. However, upon written application filed 30 days prior to the expiration date,
the Planning Official may renew the Conditional Use Permit for a one period of up to 12 months providing good cause is shown.
7. As provided by subsection 166.033(5), Florida Statutes, issuance of a development permit by a municipality does not in any way
create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on
the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. In accordance with
subsection 166.033(5), Florida Statutes, it is hereby made a condition of this permit that all other applicable state or federal permits be obtained before commencement of the development.
8. There shall be no display of any advertising of alcoholic beverages visible from the exterior of the building.
9. All records of food and alcoholic beverage sales shall be provided upon request of the City, as described in LDC Sec. 58.713
(D).
10. Outdoor (café) speakers are prohibited.
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Urban Design
1. Appearance review at time of permitting shall be required.
2. If the yard to the rear of the All Creatures Grooming portion of the building is to be utilized as parking the access drive and
parking area must be improved to meet Chapter 61 of the Land Development Code and must receive permits for any improvements.
Transportation Engineering
1. Provide a copy of the parking agreement with adjacent properties.
2. Provide a diagram of valet operations.
Fire
1. TRC fire code review is preliminary in nature, and is intended to expose or prevent evident design deficiencies with State and
City Fire Codes. The design will be reviewed in detail for State and City Fire Code compliance at the time of permit application.
Be advised that any new construction must adhere to the requirements of the Florida Fire Prevention Code, 2012 Edition, and
The City of Orlando Fire Prevention Code.
Police
1. The Orlando Police Department has reviewed the plans for Boutique Bar located at 2405 E. South St., utilizing CPTED (Crime
Prevention Through Environmental Design) principles. CPTED emphasizes the proper design and effective use of a created environment to reduce crime and enhance the quality of life. There are four overlapping strategies in CPTED that apply to any
development: Natural Surveillance, Natural Access Control, Territorial Reinforcement and Target Hardening.
I N F O R M AT I O N A L C O M M E N T S
OUC – Water
1. Submit detailed water utility plans to Orlando Utilities Commission Development Services. See our Website for submittal information http://www.ouc.com/business/water-services.
Police
1. CPTED conditions will be emailed to the client by the Project Manager with the City. For questions regarding the Orlando Police Department plan review, please contact Audra Nordaby at 407.246.2454 or [email protected].
Transportation Planning
1. Tenant Unit +/- 1000 sf – does not exceed plaza threshold – No additional transportation impact fee shall be due.
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C O N TA C T I N F O R M AT I O N
Growth Management
For questions regarding Growth Management plan review, please contact Mary-Stewart Droege at (407) 246-3276 or [email protected].
Land Development
For questions regarding Land Development review, please contact Jacques Coulon at (407) 246-3427 or
[email protected].
Urban Design
For questions regarding Urban Design plan review, please contact Jason Burton. at (407) 246-3389 or [email protected].
Transportation
For questions regarding Transportation Engineering plan review, please contact Lauren Torres at 407-246-3262 or [email protected]
Development Review
For questions regarding Development Review contact Keith Grayson at 407.246.3234 or [email protected]. To obtain
plan review status, schedule/cancel an inspection and obtain inspection results, please call PROMPT, our Interactive Response System at 407.246.4444.
Police
For questions regarding the Orlando Police Department plan review, please contact Audra Nordaby at 407.246.2454 or [email protected].
Fire
For any questions regarding fire issues, please contact Charles Howard at 407.246.2143 or at [email protected]. To
obtain plan review status, schedule/cancel an inspection and obtain inspection results, please call PROMPT, our Interactive Voice
Response System at 407.246.4444.
Building
For questions regarding Building Plan Review issues contact Don Fields at (407) 246-2654 or [email protected].
Waste Water
For questions regarding Waste Water plan review, please contact Vince Genco at [email protected].
R E V I E W / A P P R O VA L P R O C E S S — N E X T S T E P S
1. MPB minutes scheduled for review and approval by City Council.
2. Submit for any necessary building permits.