Item Coversheet


LEGISLATIVE MEMORANDUM


TO:


Honorable Mayor and Members of the City Council
FROM: Suzanne Sherman, City Manager
THRU: Lisa Frazier, AICP, Growth Management Director
DATE:

12/7/2023
RE:

Resolution 2023-46, granting a conditional use to allow on-premise alcohol consumption accessory to an eating establishment in BMUV (Bayfront Mixed Use Village District) zoning, in accordance with Section 185.053(D)(2), Palm Bay Code of Ordinances, on property located east of and adjacent to Dixie Highway, in the vicinity south of Anglers Drive and west of Ridge Road (0.3 acres) (Case CU23-00014, AZAD Business Corp). (Quasi-Judicial Proceeding)

The subject property is a 0.3-acre improved parcel with a pre-existing restaurant. The applicant has remodeled the site’s two existing two-story buildings and seeks to re-open a restaurant at this currently unoccupied location. The conditional use request is to allow alcohol service as an accessory to an eating establishment.

 

The site is a pre-existing, non-conforming, lot of record with a pre-existing, non-conforming structure. In 2009, all site plan, landscaping, and parking requirements for a dining establishment were met and site plan #1247 received administrative approval. The parking requirements for 102 seats and 12 staff are met through a perpetual grant of easement with the VFW site to the south and by a parking variance with the City (V-02-2009).

 

The proposed Conditional Use will be an Accessory Use to the Principal Use of a dining establishment. The applicant is re-using a vacant structure to open a family-friendly, full-service seafood restaurant with operating hours of 11am - 9pm on weekdays and 11am - 10pm on weekends. There will be no extended hours for the bar. This will ensure the site’s compliance with the noise ordinance standards.

 

City Council has the authority to request additional and reasonable conditions and safeguards associated with this conditional use.

 

**Quasi-Judicial Proceeding.



REQUESTING DEPARTMENT:
Growth Management

RECOMMENDATION:

Motion to approve case CU23-00014.

Planning and Zoning Board Recommendation:

Planning and Zoning Board minutes are not fully transcribed at this time; the following is an excerpt:

Motion to submit Case CU23-00014 to City Council for approval, subject to the staff comments contained in the staff report.

Motion by Mr. Weinberg, seconded by Mr. Warner. Motion carried with members voting as follows:

Aye:  Jordan, Weinberg, Boerema, Good, Olszewski, Warner.


ATTACHMENTS:
Description
CU23-00014 Staff Report
CU23-00014 Site Plan
CU23-00014 Variance
CU23-00014 Perpetual Easement
CU23-00014 Citizen Participation Meeting Report
CU23-00014 Application
CU23-00014 Letter Of Authorization
CU23-00014 Legal Acknowledgement
CU23-00014 Legal Ad
CU23-00014 Correspondence
Resolution 2023-46