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City of DeBary
AGENDA ITEM





Subject:   Special Exception request to allow for outside service of alcoholic beverages and entertainment at 167 South US 17-92, Debary, FL 32713
From: Matt Boerger, AICP
Planning Administrator       
Meeting/Hearing Date: April 1, 2015

Attachments:
(   )  Ordinance
(   )  Resolution
(X )  Other
(   )  Supporting Documents/Contracts


Summary/Highlights
The property owner and applicant, Ken West is requesting a special exception for a property zoned B-4 (General Commercial) and is also within the Village Center Overlay District, to allow for outside service of alcoholic beverages and entertainment. The property is located on the east side of US 17-92 and north of Granada Road, with parcel ID # 34-18-30-10-19-0040. The subject property is approximately 0.42 acres.

REQUEST
Pursuant to Section 1-9, Land Development Code, special exceptions are certain uses or development situations that may involve consideration of special circumstances or factors to determine that they are appropriate to the specific location and property. In considering a request for a special exception, the Planning and Zoning Commission and City Council shall evaluate the request against the criteria put forth in Section 3-134(9) & (18), Special Exceptions, attached as Exhibit A and Section 1-9 (2) Criteria for Special Exceptions Exhibit B.

The applicant is requesting Special Exception approval for the subject property to allow for outside service of alcoholic beverages and entertainment. As part of the Special Exception request, the applicant is also proposing to construct an outdoor bar and patio area. Please see the attached site development plan as Exhibit C.

SURROUNDING USES AND ZONING


Direction
Zoning Designation
FLU Designation
Use
North
B-4 General Commercial
(C/R) Commercial Retail
Vacant – Utilized as parking for the Applicant (Shotz Bar)/Zorba’s Restaurant
South
B-4 General Commercial
(C/R) Commercial Retail
Granada Road/4-Bs Restaurant
East
R-4 Urban Single Family Residential
(RLD) Residential Low Density
Single Family Residential
West
US 17-92/B-4 General Commercial
US 17-92/(C/R) Commercial Retail
US 17-92/Office/Retail


Background Discussion
The subject property is zoned B-4 (General Commercial) and also lies within the Village Center Overlay District. Section 3-102(C) of the Land Development Code allows for Bars with outside service and consumption of alcoholic beverages as well as restaurants and bars with outside entertainment as a permitted special exception. Chapter 3, Section 3-22(b)(2)(b), Village Center Overlay, also permits outdoor service of alcoholic beverages and entertainment as a Special Exception. The applicant is proposing a new addition to the rear of the existing Shotz Bar that would include an outdoor, covered bar, an open-air patio, a concrete block privacy/perimeter wall, dumpster enclosure and landscaping.

The proposed expansion of the outdoor area would add 25 additional seats as well as a back patio area for use by bar patrons. The expansion of the outdoor patio, bar and seating is a total area of approximately 960 square feet. The existing building is approximately 3,389 square feet. With the addition, the facility would total approximately 4,349 square feet which is still under the 5,000 square foot maximum permitted under Sec 3-22(b)(1)(b).

The existing Shotz bar is located in the US 17-92 strip commercial zone which backs up to single family residential to the east. It is anticipated that the six foot block perimeter/privacy wall should buffer the outdoor bar and entertainment activity from view. Additionally, Section 3-134(18)(c) requires that Outside entertainment shall conclude at 11:00 pm or normal closing time of the restaurant or bar, whichever is earlier.

Parking: Section 3-129 Off-street Parking and Loading requires (1) one parking space per (4) four seats plus (1) one parking space for each employee for the largest shift. Shotz currently has 99 seats requiring 25 parking spaces. The proposed addition of 25 seats for the out-door bar area would require an additional 7 parking spaces. Additionally one (1) space per employee is required for the largest shift which the applicant states will be seven (7) employees, equaling seven (7) required parking spaces.  The total required parking with the proposed addition is 38 spaces. The applicant is currently providing 47 spaces so no additional parking requirements are needed in conjunction with the proposed application. This is a combination of parking availability on the subject site, as well as additional parking secured on the adjacent site by a lease between the Shots property owner and the owner of the adjacent lot to the north.


Findings of Fact:
The Planning and Zoning Commission reviewed the proposed Special Exception 15-03-SE Shotz on March 25, 2015 and voted to recommend approval to City Council. Staff finds that the proposed Special Exception is in compliance with the City of DeBary Comprehensive Plan and applicable Land Development Code provisions. Additionally, Staff recommends the following Conditions of Approval:
  • A Landscaping plan for the subject site shall be submitted with the final site plan and meet the requirements of Chapter 5, Article 1 of the Land Development Code.
  • The perimeter wall will be stucco and match the existing finishes in both texture and color.
  • No exterior lighting shall intrude on the residential area east of and adjacent to the subject site.

Recommended Motion  Adopt Special Exception 15-03-SE Shotz to allow for outside service of alcoholic beverages and entertainment with the Staff recommended Conditions of Approval.



City Council Action:
(   )  Approved As Recommended
(   )  Approved With Modification
(   )  Disapproved
(   )  Continued Date:

(   )  Other

Modifications:



 
 
City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
Phone: (386) 668-2040  Fax: (386) 668-4122