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1) Under the Bureau of Revenue's Florida Retail Sales and Use <br />Tax code classifications, a grocery store is classified <br />01 under food and beverage group, and tax imposed under <br />that category applies to small stores, big stores, <br />supermarkets, all types of stores. <br />2) The Community Builder Handbook Series says that a <br />supermarket is the anchor tenant in community centers. <br />3) There is no specific definition in the County's LDRs for <br />a grocery store or for a supermarket. <br />4) The 1993 issue of Dollars and Cents of Shopping Centers <br />says that a neighborhood center provides for the sale of <br />daily living needs, convenience goods, such as food, <br />drugs, hardware, and personal service. A supermarket is <br />the principal tenant of this type of center. <br />5) The publication Urban Planning and Design Criteria says <br />that the leading tenants of the neighborhood center are <br />supermarkets and drug stores. It also says the site area <br />is four to eight acres and that the gross floor area is <br />30,000 to 75,000 square feet. <br />6) Grocery store is a category term that is used throughout <br />IRC's Zoning Code. There is no distinction in the CL <br />district. No square footage limitation can be found <br />anywhere in the Code that defines a supermarket or a <br />grocery store. <br />Attorney Evans next introduced Tom Vincent, vice president of <br />Halvorsen Development who made the following points: <br />1) There is no specific planning data that says that size <br />distinguishes or establishes the difference between a <br />grocery store and a supermarket. <br />2) Controls within the zoning regulations and LDRs control, <br />monitor, and create compatibility for any particular use, <br />permitted use, in a given zoning district. <br />3 ) The test for the CL district speaking to meeting the needs <br />of the area residents is not subjective. There is no <br />criteria in the Code that clearly establishes and defines <br />how you meet the needs of the area residents. <br />4) There is nothing in the Code saying that store hours have <br />any relationship to the classification of a particular <br />use. <br />5) 18 -wheeler trucks service smaller units just as often as <br />they do the larger units. In fact, a lot of combination <br />trips are saved by the larger delivery trucks. <br />6) Most stores built today are state of the art units and do <br />not look like the photographs presented by the appellant. <br />7) There is a significant separation between the back <br />of the proposed commercial use and the front <br />yards of a few of the private residences. <br />36 r <br />July 12, 1994 <br />I <br />