7/12/1994 - Laserfiche WebLink

Home Browse Search

II � i I request pursuant to LDR section 911.04(2)(b) (attachment *4) and issued a determination that: 1. Relative to the county zoning code, "grocery store" use includes "supermarket" use; and 2. Grocery stores/supermarkets are permitted uses in the CL zoning district. The residents appealed this decision, since the decision affects the Mooring's commercial property and the proposal for the Sea Mist Shoppes. Since the Planning & Zoning Commission, after considering the appeal, agreed with staff's decision, the residents are now appealing the Planning & Zoning Commission's decision. It should be noted, however, that the results of the appeal will affect where grocery store/ supermarket uses are. allowed throughout the unincorporated area of the county. The Board of County Commissioners is now to consider the appeal and either grant the appeal and overturn staff's and the Planning & Zoning Commission's decision or deny the appeal and uphold staff's and the Planning & Zoning Commission's decision. If the Board grants the appeal and overturns the decision of staff and the Planning & Zoning Commission, the Board will then need to: A. Specifically define by size and/or use characteristics the terms "grocery store" and "supermarket" B. Specify which zoning district(s) a "supermarket" use is allowed. C. Specify the type of approval (eg permitted, administrative permit, or special exception) needed for a "supermarket" use in a given district. If administrative permit and/or special exception approvals are specified, then specific land use criteria must also be specified. PLANNING & ZONING COMMISSION ACTION At its regular meeting of June 9, 1994, the Planning & Zoning Commission voted 3 to 2 to uphold thestaff's determination that grocery store/ supermarkets are similar uses as applied in the Indian River County Land Development Regulations. In denying the appeal, the Planning & Zoning Commission found that the staff did not fail to follow any of the four appeal criteria. Since it takes four votes to overturn a decision of the Community Development Director and only two votes "favored" overturning staff's decision, the 3 to 2 vote to deny the appeal by the Planning & Zoning Commission is an effective action. ANALYSIS: •Definitions Since the LDRs do not define the terms "grocery store" or "supermarket", staff considered several different sources to determine how the terms "grocery store" and "supermarket" are defined. A grocery store trade magazine resource cited by the appellant is "The Progressive Grocer". "The Progressive Grocer's" 1994 Marketing Guide Book defines the terms as follows: Grocery Store: "Any retail store selling a line of dry grocery, canned goods, 'or non-food items plus some perishable items." July 12, 1994 L_ 5 BOOK �2 Ph JE ~/ 1