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File #: 1207   
Type: Public Hearing Status: Adopted
File created: 1/17/2020 In control: Planning and Development
On agenda: 2/6/2020 Final action: 2/6/2020
Title: Holly Enterprises of Brevard, Inc. (Curtis McKinney) requests a change of zoning classification from GU and BU-1 to BU-1-A, and a CUP for Alcoholic Beverages (full liquor) for On-Premises Consumption in conjunction with a snack bar and restaurant. (19PZ00137) (Tax Accounts 2862242, 2704571, 2744610) (District 5)
Attachments: 1. Administrative Policies of the Future Land Use Element, 2. Staff Comments, 3. GIS Maps, 4. Non Conforming Use Affidavit, 5. P&Z Minutes

Subject:

Title

Holly Enterprises of Brevard, Inc. (Curtis McKinney) requests a change of zoning classification from GU and BU-1 to BU-1-A, and a CUP for Alcoholic Beverages (full liquor) for On-Premises Consumption in conjunction with a snack bar and restaurant. (19PZ00137) (Tax Accounts 2862242, 2704571, 2744610) (District 5)

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Fiscal Impact:

None

Dept/Office:

Planning and Development

Requested Action:

Recommendation

It is requested that the Board of County Commissioners conduct a public hearing to consider a change of zoning classification from GU (General Use) and BU-1 (General Retail Commercial) to BU-1-A (Restricted Neighborhood Commercial), and a CUP (Conditional Use Permit) for Alcoholic Beverages (full liquor) for On-Premises Consumption in conjunction with a snack bar and restaurant.

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Summary Explanation and Background:

The applicant is seeking a change of zoning classification from BU-1 and GU to BU-1-A, along with a CUP for alcoholic beverages (full liquor) for on-premises consumption in conjunction with a snack bar and restaurant on 2.4 acres located at Camp Holly Fish Camp, 6901 Highway 192, Melbourne. The site currently operates with a 2COP (beer & wine only) license, and the applicant would like to expand to full liquor. The applicant does not propose to further expand the existing uses of the property.

 

The current BU-1 zoning is nonconforming to the NC (Neighborhood Commercial) Future Land Use designation. As an existing use, Section 62-1188(9)(b) allows the current zoning to remain functional until rezoned by the Board. Pre-existing Use file PEU-0024 contains an affidavit describing the fish camp as having been in operation for over 50 years and considered a pre-existing use because it pre-dates the Comprehensive Plan. The BU-1-A zoning classification is consistent with Neighborhood Commercial and removes the inconsistency between BU-1 and NC.

 

The area surrounding the subject property is undeveloped land zoned GU.

 

Because the request includes a CUP, the Board may wish to consider additional conditions beyond those cited in Sections 62-1901 and 62-1906 in order to mitigate potential impacts.

The Board may also wish to consider the compatibility of the proposed CUP with surrounding environmentally sensitive lands by conditioning the approval to no expansion to the existing site.

 

On January 13, 2020, the Planning and Zoning Board heard the request and unanimously recommended approval.

Clerk to the Board Instructions:

Once resolution is received, please execute and return to the Planning and Development Department.