Nassau County
Growth Management
Department
96161 Nassau Place
Yulee, FL 32097
BOARD MEMBERS
John C. VanDelinder(Chairman)
Kathleen Zetterower
Shep Brock
Larry W illiams
Orlando J. Avila
Joshua K. Martin
Daniel Davis
(904) 491-7328
(904) 491-3611 FAX
[email protected]
Nassau County
CONDITIONAL USE AND VARIANCE BOARD
Date of Hearing:
A.
B.
January 23, 2014
Public Hearing Number: E14-001
Owner:
AF3, LLC c/o Hakimian Holdings, Inc
Applicant:
Aaron Moffat
Request:
Conditional Use Approval pursuant to Section 16.03(e)
LDC to allow for the retail sale of alcoholic beverages
for consumption on premises in conjunction with the
operation of a restaurant as defined in Article 32 LDC .
Applicable Regulations:
Sections 5.03, 5.04, 16.03(E), 32, and 33.01(F) of the
Land Development Code.
Site Information
Lot Size:
2.79ac total site (Tyler Plaza shopping center )
Location:
463646 SR 200
Yulee, Fl 32097
Directions:
From the Intersection of SR200 and US Hwy 17 in Yulee travel
east on SR200 approximately 2.3 miles. Entrance to the Tyler
Plaza shopping center is immediately east of the Intersection of
SR200 and Meadowfield Bluffs Road.
Tax Parcel Number:
38-2N-27-0000-0001-0170
C.
D.
E.
F.
Existing Land Uses
Subject Site:
Retail Shopping Center
Surrounding:
North:
South:
East:
West:
ROW SR200/Vacant Land
Vacant Land
Yulee United Methodist Church
Vacant Land
Existing Zoning
Subject Site:
Commercial General(CG)
Surrounding:
North:
South:
East:
West:
Residential General-Two (RG-2)
Open Rural (OR)
Open Rural(OR)
Commercial General(CG)
FLUM Designation
Subject Site:
Commercial(COM)
Surrounding:
North:
South:
East:
West:
High Density Residential(HDR)
Medium Density Residential(MDR)
Medium Density Residential(MDR)
Commercial(COM)
Background
Tyler Plaza
In 2003, the 2.79 acre property being reviewed in this application was the subject of a
Rezoning and Comprehensive Plan Amendment (small scale Future Land Use Map
amendment). The application resulted in change in zoning classification from Open
Rural(OR) to Commercial General(CG) and a change in FLUM designation from Medium
Density Residential(MDR) to Commercial(COM); reference Ordinances 2003-46 and 200347.
Subsequently, in 2004 the 2.79 acre property received site plan approval [SP03-035] for
the construction of a commercial retail center. The project was originally submitted under
the name Meadowfield Bluffs Plaza. The project is currently known as Tyler Plaza. Based
on Property Appraiser’s data the development consists of 26,115sf of retail space. The
retail space is divided among 15 leasable suites.
The Applicant has established a restaurant, Branding Iron Barb -q and Steakhouse, in suites
13, 14, and 15 of the Tyler Plaza development and would now like the ability to sell
alcohol in conjunction with general restaurant operations. More specifically, the Applicant
is requesting the Conditional Use and Variance Board to grant local government approval
(zoning approval) on an application to the Florida Division of Alcoholic Beverages and
Tobacco for the issuance of a 2-COP license(Beer and Wine). The 2-COP license allows for
Applicant to sell alcoholic beverages not exceeding 6.243% alcohol by volume or 5% by
weight for on-site consumption.
County Land Development Code and Code of Ordinances
Pursuant to Sec. 16.03(E) LDC, the Commercial General(CG) zoning district requires
approval by the Conditional Use and Variance Board to carry on the business of “vendor of
alcoholic beverages” for on-site or off-site consumption.
Sec. 33.01(A) LDC prohibits an entity from maintaining or carrying on “the business of
vendor of alcoholic/intoxicating beverages” within one thousand (1,000) feet in airline
distance measured from building to building—at their closest points to any established
school or church.
An amendment to Article 33 LDC was made in 2009 adding subsection 33.01(F) LDC which
states;
“Notwithstanding any other provision of the Nassau County Land Development Code or
the Code of County Ordinances, the distance restriction prohibiting the sale for
consumption on premises of alcoholic beverages within one thousand (1,000) feet in
airline distance of a church or school shall not apply to any lands lying in the State Road
200/A1A Access Management Overlay District regardless of its lot size. The exemption
to the distance restriction shall be limited to restaurants, as that term is defined in
Article 32, and the sale of alcohol shall not be permitted between the hours of 2:00 a.m.
and 12:00 noon on Sundays.”
Pursuant to Article 32 LDC a restaurant is defined as follows;
“An establishment where food is ordered from a menu, prepared, and served for
pay primarily for consumption on the premises in a completely enclosed room,
under the roof of a main structure, or in an anterior or exterior court. A drive-in
restaurant as defined here is not a restaurant. A cafeteria shall be deemed a
restaurant as defined herein.”
The Tyler Plaza development, is within 1,000lf of the Yulee United Methodist Church.
However, the Tyler Plaza development is located within the State Road 200/A1A Access
Management Overlay District. The Applicant operates a restaurant as defined in Article 32
LDC. As such, the 1,000lf separation between a vendor of alcoholic beverages and a
church do not apply in this particular case.
Ch. 4, Sec. 4-1 of the Nassau County Code of Ordinance has the following requirements of
a vendor of alcoholic beverages.
1) The place of business of the vendor shall have an assessed value of a minimum of
fifty thousand dollars ($50,000.00).
2) The seating capacity of the place of business of the vendor shall be for a minimum
of seventy-five (75) patrons.
3) The sale of alcoholic beverages shall not exceed thirty (30) percent of gross sales of
the combined sale of food and beverages. Such percentage shall be established by
sworn affidavit of the licensee with all records being subject to audit by Nassau
County Commission.
4) The license issued hereunder is not transferable without approval of Nassau County
Commission.
5) Any references to "beverages containing alcohol of more than fourteen (14) percent
by weight" in Laws of Florida, Chapter 57-1600 shall be amended to read "spirituous
or distilled spirits" in the reference.
A review of the available data from the Prope rty Appraiser’s website and the information
submitted in the conditional use application packet , the proposed operation appears to
meet the minimum requirements of Ch. 4 Sec. 4 -1 (1) & (2) of the County Code of
Ordinances. [Total Building Value $933,145/Assessed Value 1,714,661. The floor plan
provided depicts 148 seats.] The requirements of Ch. 4 Sec. 4-1 (3) & (4) of the County
Code of Ordinances can be accomplished through the conditional use Final Order and the
requirement of subsection(5) is accounted for as the requested 2-COP license is more
restrictive and will be enforced by the State of Florida.
Based upon the above, it is within the ability of the Conditional Use and Variance Board to
grant local government approval (zoning approval) for an application to the State of
Florida for the issuance of a 2 -COP license allowing for the vending of alcoholic beverages
for on-site consumption subject to a finding in the affirmative that the application
submitted to the Conditional Use and Variance Board for review meets the minimum
criteria for approval found in Sec. 5.04 LDC.
G.
Analysis
A. Show that the establishment, maintenance, or operation of the conditional use will not be
detrimental to or endanger the public health, safety, or general welfare. In addition, show that
the conditional use will not be contrary to established standards, regulations, or ordinances of
other governmental agencies.
The proposed restaurant is located within an existing commercial retail center and will utilize
existing facilities to accommodate the operation of a restaurant. It is important to remember
that the submitted application is not for the right to operate a restaurant but rather the right to
sell alcohol in conjunction with the restaurant operation. The Florida Division of Alcoholic
Beverages and Tobacco is the agency that reviews, issues, and monitors alcoholic beverage
licenses. Part of the State permitting process is receiving local government approval. As stated
above, in this case, the Conditional Use and Variance Board is the Body that provides local
government approval.
Given the above cited local regulations regarding the “business of vendor of alcoholic/intoxicating
beverages” and the utilization of a fully developed commercial retail center; provided the
Applicant maintains compliance with all regulations associated with the distribution of alcoholic
beverages there appears to be no reason to assume the issuance of this application will
adversely
impact
the
public
health,
safety,
and
general
welfare.
B. Show that each structure or improvement is so designed and constructed that it is not unsightly,
undesirable, or obnoxious in appearance to the extent that it will hinder the orderly and
harmonious development of Nassau County and the zoning district in which it is proposed.
The proposed structure is an existing retail shopping center. The applicant operates the
Branding Iron Barb-q and Steakhouse, in suites 13, 14, and 15 of the center. This application is
for seeking approval to sell alcoholic beverages in conjunction with the restaurant operation.
This application will have no impact on the aesthetic quality of the existing building.
C. Show that the conditional use will not adversely impact the permitted uses in the zoning district
nor unduly restrict the enjoyment of other property in the immediate vicinity nor substantially
diminish or impair property values within the area.
As stated above, this application is for the ability to sell alcoholic beverages in conjunction with
the operation of a restaurant located within an existing retail shopping center. The addition of
alcoholic beverages to the existing menu of the restaurant will not change the functionality of
the retail shopping center.
D. Show that the establishment of the conditional use will not impede the orderly development and
improvement of the surrounding property for uses permitted in the zoning district.
As stated above, the Land Development Code has been amended to provide relief within the
SR200/A1A corridor to accommodate a multitude of uses and promote development within the
commercial corridor. The addition of alcoholic beverages to the existing menu of the restaurant
will not impede the orderly development and improvement of the surrounding properties.
E. Show that adequate water supply and sewage disposal facilities will be provided in accordance
with state and county health requirements.
Water and sewage disposal services are provided through the existing public system. No
additional impacts will result for the sell of alcoholic beverages at the existing restaurant.
F. Show that adequate access roads, on-site parking, on-site loading and unloading berths, and
drainage have been or will be provided where required.
As stated above, this application is for the ability to sell alcoholic beverages in conjunction with
the operation of a restaurant located within an existing retail shopping center. The addition of
alcoholic beverages to the existing menu of the restaurant will not change the functionality of
the retail shopping center.
G. Show that adequate measures have been taken to provide ingress and egress to the property,
which is designated in a manner to minimize traffic congestion on local streets.
The restaurant is located within an existing retail shopping center approved by the Development
Review Committee. Ingress/egress will not be altered as a result of this application.
H. Show that adequate screening and buffering of the conditional use be provided, if needed.
The landscape plan was implemented in 2004 as part of the site development process. This
request will not alter the site or the operations thereon in such manner that a modification of
the buffer is necessary. No additional screening or buffering is required as a result of this
application.
I.
Show that the conditional use will not require signs or exterior lighting which will
cause glare, adversely impact area traffic safety or have a negative economic effect
on the area. Any signs or exterior lighting required by the conditional use shall be
compatible with development in the zoning district.
No improvement or modifications to the existing retail shopping center have been proposed as
a result of this application. The signage package for the restaurant was approved and is already
installed. The project is subject to the requirements of Article 35 LDC in relation to signage in the
SR200/A1A Access Management Overlay District.
J. Show that the conditional use will conform to all applicable regulations of the
zoning district in which it is proposed.
As stated above, the Tyler Plaza development is within 1,000lf of the Yulee United
Methodist Church. However, the Tyler Plaza development is located within the
State Road 200/A1A Access Management Overlay District. The Applicant is
proposing to operate a restaurant meeting the definition of a ‘restaurant’ found in
Article 32 LDC. As such, the 1,000lf separation between a vendor of alcoholic
beverages and a church do not apply in this particular case pursuant to Sec.
33.01(F) LDC.
K. Show that the conditional use will conform to all applicable regulations listed in the
adopted Comprehensive Plan.
The subject property carries a Future Land Use Map designation of
Commercial(COM). The existing retail development and restaurant are consistent
with uses commonly found within the Commercial(COM) future land use category.
Reference Policy FL.01.02.
H.
Staff Findings and Recommendation
As Conditioned, E14-001 meets the criteria for conditional use approval to provide
local government approval (zoning approval) for an application to the State of
Florida for the issuance of a 2-COP alcoholic beverage license to allow for the retail
sale of alcoholic beverages for consumption on premises in con junction with the
operation of a restaurant as defined in Article 32 LDC in the Commercial
General(CG) zoning district.
Staff recommends approval subject to the following:
1. The rights entitled by this action of the Conditional Use and Variance Board
shall only be transferable to a conforming restaurant occupying space within
the existing Tyler Plaza development. Furthermore, the restaurant receiving the
transferred license must meet or exceed all requirements of the Nassau County
Code of Ordinances related to the sale of alcoholic beverages in effect at the
time of permitting.
2. The Applicant shall maintain compliance with all applicable County regulations
related to the vending of alcoholic beverages for the life of the operation.
3. The Applicant shall provide Nassau County Growth Management with the
required sworn affidavit described in Ch. 4 Sec. 4-1 (3) of the County Code of
Ordinances prior to Growth Management Staff providing signature to the State
of Florida alcoholic beverage license application.
I. Recommended Motion
The Board finds competent, substantial evidence in the record and testimony
received to support approval of E14-001, a request to provide local government
approval (zoning approval) for an application to the State of Florida for the
issuance of a 2-COP alcoholic beverage license to allow for the retail sale o f
alcoholic beverages for consumption on premises in con junction with the operation
of a restaurant as defined in Article 32 LDC subject to Staff’s recommended
conditions 1-3.