Approve conditional use permit for beer and wine sales at pizza restaurant

DATE: April 10, 2024 TO: Yocelyn Galiano, ICMA-CM Village Manager FROM: Stephen Olmsted, AICP, LEED-GA Planning Director RE: Conditional Use Permit - Alcohol Consumption on Premises 8189 SW 117 Street - “Mister 01 Extraordinary Pizza Pinecrest”- PETITION REQUEST MMG Pinecrest Shoppes LLC (Owner); and Bob de la Fuente, Esq. and Lehtinen Shultz PLLC (Applicants) are requesting approval of a conditional use permit (Sale of alcohol for consumption on the premises) to allow the on-premise consumption of beer and wine (2-COP license) on property located at 8189 SW 117 Street, Pinecrest, Florida 33156. The proposed “Mister 01 Extraordinary Pizza Pinecrest” restaurant is located in the Pinecrest Shoppes shopping center, south of the Suniland shopping center. OWNERS/APPLICANT MMG Pinecrest Shoppes LLC (Owner); and Bob de la Fuente, Esq. and Lehtinen Shultz PLLC (Applicants) 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 8189 SW 117 Street, Pinecrest, Florida 33156 within the BU-1A, General Business 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-1A General 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 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 to the north, south, and west of the subject property. Residential duplexes are located on the west side of SW 81 Road. Page 3 of 4 The proposed restaurant is a permitted use within the BU-1A, General 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 includes indoor seating for 46 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 (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 and wine is proposed to occur indoors and proposed hours of operation are from 11:30 a.m. to 10:00 p.m. Sunday through Thursday; and 11:30 a.m. to 11:00 p.m. Fridays and Saturdays. 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 Page 4 of 4 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 and wine 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 and wine (2-COP License) for consumption on the premises.