Approve beer and wine license for Thousand Sunny restaurant

THIS PAGE INTENTIONALLY BLANK DATE: June 3, 2024 TO: Yocelyn Galiano, ICMA-CM Village Manager FROM: Stephen Olmsted, AICP, LEED-GA Planning Director RE: Conditional Use Permit - Alcohol Consumption on Premises 9545 Pinecrest Parkway - “The Thousand Sunny”- PETITION REQUEST Gator Dadeland Partners, Ltd. (Owner); and Rich Ladies LLC., DBA The Thousand Sunny Restaurant (Applicant) are requesting approval of a conditional use permit (Sale of alcohol for consumption on the premises) to allow the on-premise consumption of beer, wine, and Sake (2-COP license) within the restaurant, located in the Dadeland Plaza Shopping Center at 9545 Pinecrest Parkway, Pinecrest, Florida 33156, within the BU-2, Special Business Development Zoning District. OWNERS/APPLICANT Gator Dadeland Partners, Ltd. (Owner); and Rich Ladies LLC., DBA The Thousand Sunny Restaurant (Applicant). PUBLIC COMMENT The Building and Planning Department has not received any correspondence regarding the requested conditional use permit. LOCATION The subject property is located in the Dadeland Plaza Shopping Center, at 9545 Pinecrest Parkway, Pinecrest, Florida 33156 within the BU-2, Special Business Development zoning district. Page 2 of 4 PINECREST LAND DEVELOPMENT REGULATIONS “The sale of alcohol for consumption on premises” is a conditionally permitted use within all of the commercial business zoning districts of the Village of Pinecrest, including the BU-2, Special Business Development zoning district. Requirements for consideration and approval of a conditional use are described and provided in the Village’s Land Development Regulations, Division 3.3, Conditional Use Approval. Consideration of the proposed conditional use permit by the Village Council in a quasi-judicial public hearing is required. A conditional use may be permitted by the Village Council upon a finding that the proposed use is in compliance with the criteria and requirements of the Land Development Regulations. A conditional use may be denied, if the Village Council determines that the proposed use does not meet specified criteria or is averse to the public interest. Required criteria include the following: 1. LAND USE COMPATIBILITY - The conditional use, including its proposed scale and intensity, traffic generating characteristics, and off-site impacts shall be compatible and harmonious with adjacent land uses and shall not adversely impact land use activities in the immediate vicinity. The sale of beer and wine for consumption on the premises at the restaurant would be compatible with neighboring commercial restaurant uses that are permitted and established in the commercial business zoning districts adjacent to Pinecrest Parkway. The restaurant and proposed conditional use are consistent with the recommendations of the Village’s Comprehensive Development Master Plan and the Pinecrest Parkway Vision Plan. Commercial uses exist to the north, east, and west of the subject property. Single Family residences are located to the south and east of the Dadeland Plaza shopping center. Page 3 of 4 The existing restaurant is a permitted use within the BU-2, Special Business Development zoning district. The sale of alcoholic beverages for consumption on the premises is ancillary to the restaurant and is a conditionally permitted use within the district. 2. SUFFICIENT SIZE, SITE SPECIFICATIONS AND INFRASTRUCTURE TO ACCOMMODATE THE PROPOSED USE - The size and shape of the site, the proposed access and internal circulation, and the urban design must be adequate to accommodate the proposed scale and intensity of conditional use requested. The site shall be of sufficient size to provide adequate screening, buffers, landscaping, open space, off-street parking, efficient internal traffic circulation, infrastructure and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. The existing restaurant area includes indoor seating for 28 and has the sufficient size, site specifications and infrastructure to accommodate the proposed conditional use. 3. COMPLIANCE WITH THE COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP) AND LAND DEVELOPMENT CODE - The conditional use and site plan shall comply with environmental, zoning and other applicable regulations of the Land Development Code, and shall be consistent with the CDMP. The proposed use is consistent with the Village’s Comprehensive Development Master Plan including Policy 1-2.5.1 and with the applicable provisions of the Land Development Regulations. 4. PROPER USE OF MITIGATIVE TECHNIQUES - The conditional use and site plan shall incorporate mitigative techniques needed to prevent adverse impacts to adjacent land uses. In addition, the design scheme shall appropriately address off-site impacts to ensure that land use activities in the immediate vicinity, including community infrastructure, are not burdened with adverse impacts detrimental to the general public health, safety and welfare. Consumption of beer and wine is proposed to occur indoors and proposed hours of operation are from 12:00 Noon to 10:00 p.m. Sunday through Saturday. Staff is unaware of any adverse impacts that would be detrimental to public health, safety, and welfare. Further mitigative measures appear to be unwarranted. 5. HAZARDOUS WASTE - No conditional use which generates hazardous waste or uses hazardous materials shall be located in the Village unless the specific location is consistent with the CDMP, Land Development Code, and does not adversely impact well fields, aquifer recharge areas, or other conservation resources, as may be applicable Page 4 of 4 now or in the future. The proposed use shall not generate hazardous waste or require use of hazardous materials in its operation unless the Village Council approves conditions requiring mitigative techniques designed to prevent any adverse impact to the general health, safety and welfare. Approval of a conditional use permit to serve beer, wine, and sake within the proposed restaurant will not generate hazardous waste or use hazardous materials. RECOMMENDATION The Building and Planning Department recommends approval of the requested conditional use permit for the sale of beer, wine, and sake (2-COP License) for consumption on the premises.