PZ 06/13/2012 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency June 13, 2012 Page 5 Casselberry expressed a concern that a school that has decided to locate in a non - school type location would have the right to object to a future opening of a business that sold alcohol. Mr. Meadows asked for final comments from staff and the applicant. Mr. Sorensen explained that restaurants are exempt from the distance separation requirements and the distance separation only applies to bars. In response to the Commission's question regarding notification to Green Parrot regarding the opening of the school, Mr. Sorensen stated that the property manager did write a letter of approval; however, he was not sure if he contacted the bar. Mr. Sorensen stated that he did not contact the bar because this item was not required to be advertised. A discussion ensued regarding the bar being located in the shopping center and the repercussions to the bar due to the school locating within the required 1000' distance separation between bars and schools. Ms. Ewbank said she is planning on using this location on a temporary basis. She said she would be glad to sign a waiver. Ms. Ewbank said she didn't want to cause any problems for anyone. In response to the Board's question regarding the sale /transfer of the bar, Ms. Smith said that staff would need to look at the conditions of approval that were provided for Green Parrot's conditional use. Ms. Smith explained that until the Green Parrot space was vacant for 90 days it would be considered an existing non - conformity. She said that the bar would have the right to be granted that conditional use. She said staffs analysis would include contacting the Police Department regarding any issues at the bar. She said staff would support continuing the conditional use if there has not been any problems with the bar in the shopping center. Ms. Smith explained that it is incumbent on the property manager to determine who their tenants are in the shopping center. She said if they are willing to provide an authorization for the school to locate in the shopping center, it is the property manager's responsibility to consider the existing uses in the shopping center and what impositions he may be imposing on the existing businesses. Mr. Meadows asked for a motion to address CU 12 -04. Mr. Bryan made a motion based on the findings of fact that the Planning and Zoning Commission approve CU 12 -04 to allow an educational institution use within the