Hearing #2023-0613-1. Ltdi iv, LLC, dba la taberna de ignacio, is requesting approval of…

DATE: June 5, 2023 TO: Yocelyn Galiano, ICMA-CM, LEED-GA Village Manager FROM: Stephen Olmsted, AICP, LEED-GA Planning Director RE: Conditional Use Permit - Alcohol Consumption on Premises LTDI IV, LLC, dba La Taberna de Ignacio (Owner) - 9511 Pinecrest Parkway PETITION REQUEST LTDI IV, LLC, dba La Taberna de Ignacio (Owner) is 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 spirits (4-COP license) on property located at 9511 Pinecrest Parkway, Pinecrest, Florida 33156. The existing restaurant has a permit to sell beer and wine for consumption on the premises (2 COP), and now wants to expand its license to allow for the sale and on-site consumption of spirits (4 COP). The proposed “Taberna de Ignacio” is located in the Gator Dadeland Shopping Center, within the BU-2, Special Business Development Zoning District. OWNERS/APPLICANT: LTDI IV, LLC, dba La Taberna de Ignacio PUBLIC COMMENT The Building and Planning Department has not received any correspondence regarding the requested conditional use permit. LOCATION The subject property is located at 9511 Pinecrest Parkway (South Dixie Highway), Pinecrest, Florida 33156 within the BU-2, Special Business Development zoning district. Page 2 of 4 PINECREST LAND DEVELOPMENT REGULATIONS “Alcohol 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 at 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 adverse 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, wine, and spirits for consumption on the premises at the proposed restaurant would be compatible with existing and proposed 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 elsewhere in the shopping center adjacent to the restaurant. Residential development exists immediately east of the SUBJECT PROPERTY Page 3 of 4 restaurant and shopping center. An existing concrete block wall and landscape buffer exist between the shopping center and the single family residences to the east. 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 lease area 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 (LDRs). 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, wine and spirits is proposed to occur indoors and proposed hours of operation are from 12:00 noon on all days of the week to 8:00 p.m. on Mondays and Tuesdays; to 9:00 p.m. on Wednesdays; to 10:00 p.m. on Thursdays; to 11:00 p.m. on Fridays and Saturdays; and to 9:00 p.m. on Sundays. Staff is unaware of any adverse impacts that would be detrimental to public health, safety, and welfare. Further mitigative measures appear to be unwarranted. Page 4 of 4 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 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 spirits 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 for the sale of beer, wine and spirits (4-COP License) for consumption on the premises.