BCC APPEAL PUBLIC HEARING ON BZA #VA APPLICANT/APPELLANT: China Garden Orange County Zoning Division December 15, 2015 CASE #:VA APPLICANT:China Garden REQUEST:Variance in the P-D zoning district to allow on-site consumption of beer and wine (2 COP License) 259 ft. from Olympia High School in lieu of 1,000 ft. ZONING:P-D (Shoppes at Windermere) TRACT SIZE:13.24 ac. LOCATION:Northeast corner of Conroy Windermere Rd. and S. Apopka Vineland Rd. DISTRICT:#1 Background Project Data Existing Use: Storefront sit down restaurant Proposed Use:To allow on-site consumption of beer and wine (2 COP license) with meals Adjacent Land Uses:North and East Olympia High School South Commercial West Shopping Center Location has been a Chinese Restaurant since 2000, under several operators/lease holders. Variance Criteria, Sect Zoning Map Aerial Olympia H. S. China Garden Restaurant Site Photograph Distance Measurement Site Photograph Staff Findings and Analysis 1.The applicant operates a restaurant and wishes to offer beer and wine for on-premise consumption with meals. 2.In 1999 an application at the same address under a different name was issued in early 2000 prior to the construction of Olympia High School in The previous restaurants 2 COP license was not transferred to subsequent owners/operators, therefore a new alcoholic beverage license is required to sell beer and wine. 4.The request constitutes a 74% deviation from code requirements. Approval of the request would set a precedent for other tenants in the same shopping center that are also less than 1,000 ft. from Olympia High School. 5.Recent variance cases regarding on-site consumption of alcohol which have been approved, involved a separation from a place of worship. The place of worship issued a letter of no objection to the variance. BZA Public Hearing 1,828 notices were mailed out A representative of shopping center spoke in favor at the BZA public hearing 10 commentaries received in favor 14 commentaries received in opposition OCPS stated they would work with the applicant BZA Findings The BZA noted that: there were no conditions adopted that waived the distance measurements for tenants in the shopping center during the special exception public hearing for Olympia High School on July 14, the agreement between OCPS and the shopping center is not binding on the BCC, nor did it change the County's guidelines for granting variances. BZA Recommendation A motion was made and seconded to recommend denial of the requested variance in that the request did not comply with the variance criteria as outlined in Section (3), Orange County Code. The motion passed by a vote of 4-2. One member abstained. BCC Action Requested: Deny the request consistent with the BZAs recommendation. BCC Conditions Should the Commission find sufficient grounds to approve the request, the following conditions are recommended: 1.Development in accordance with site plan dated September 16, 2015, and all other applicable regulations. Any deviations, changes, or modifications to the plan are subject to the Zoning Manager's approval. The Zoning Manager may require the changes be reviewed by the Board of Zoning Adjustment (BZA) for administrative approval or to determine if the applicant's changes require another BZA public hearing; 2.Pursuant to Section , Florida Statutes, issuance of this development permit by the County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Pursuant to Section , the applicant shall obtain all other applicable state or federal permits before commencement of development; 3.This approval shall be limited to QingB, LLC., the China Garden restaurant located at 8833 Conroy Windermere Rd., for a 2 COP license to serve beer and wine for on-site consumption only. Code Requirement Section (b): Distance from a church or school or adult entertainment establishment shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of the place of business to the main entrance of the church, and, in the case of a school, to the nearest point of the school grounds in use as part of the school facilities.