As Lakeland debates a bar going in a former church, could it all come down to jaywalking?

LAKELAND — Could Lakeland officials' decision over whether a former church can be turned into an event venue that serves alcohol hinge on an interpretation of Florida's jaywalking laws?

The city commission will hold a public hearing on Lakeland resident Stewart Simm's proposed plans to open The Chapel, a special event venue and bar, at 417 N. Massachusetts Ave. on Tuesday. Simm, former owner of The Federal Bar, wants to renovate a small white building with bright colored paint dripping down its exterior.

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Simm must get the commission's approval to obtain a conditional use permit to open a bar in downtown Lakeland as zoning codes require that any "alcoholic beverage establishment" must be located at least 300 feet from any school, church, synagogue or other house of worship.

"We have discovered the church across the street from this proposed location is an active church," City Attorney Palmer Davis told the commission at Friday's agenda study.

Minister Jonathan Galang told The Ledger that Iglesia Ni Cristo purchased the building at 412 N. Massachusetts Ave. in November 2019. Galang said he is the second minister of the congregation and leads two services a week.

"We don’t have any official signage erected on or around the building," he said. "We are still waiting for the renovation of our chapel."

Galang said the required paperwork has been filed with his superiors in Orlando and he is currently awaiting approval. He had no comment on The Chapel's plans, saying he expected either he or an Orlando representative plans to attend Tuesday's hearing.

Chuck Barmby, the city's planning and transportation manager, said with an active church the city requires 300 feet measured by the shortest pedestrian walking path between the business serving alcohol and the church.

"Florida has no jaywalking laws," Davis said. Under state law, the city attorney said pedestrians can cross a street midblock as long as it is not between two signalized intersections. There are no traffic lights where North Massachusetts Ave. intersects Peachtree or Oak streets.

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If the city measures from the proposed site of The Chapel to the front door of Iglesia Ni Cristo by going directly across the street, it falls well under the 300-foot limit, according to Davis. At a prior meeting Commissioner Bill Read mused if The Chapel moved its entrance to the back of the building it could meet the necessary 300-foot requirement.

The commissioners could choose to offer Simm a zoning variance to open his venue. It's been done before.

The Yard on Mass at 802 N. Massachusetts Ave. is a beer garden and food truck venue located less than a quarter mile north of The Chapel's proposed site. It has a variance that allows it to serve alcohol despite being within 500 feet of Parker Street Ministries and Strong Tower Church - up from 300 feet as its outside the downtown district.

The Yard on Mass is a Lakeland Community Redevelopment Agency project. The land remains owned by the CRA, according to Polk County Property Appraiser's website, which is a division of the city's Community and Economic Development Department.

Under Lakeland's codes, the commission can choose to waive the city's distance requirements for serving alcohol near a school or church on a city-owned property.

Lakeland developer Gregory Fancelli is the owner of the vacant white chapel that sits at 417 N. Massachusetts. Fancelli said he purchased the property in 2017 with the intention to redevelop it "as an entrance into downtown Lakeland as the area had been in poor conditions for well over half a century," read a statement sent to commissioners Friday.

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Fancelli wrote he discovered the white building was originally a funeral home designed by renowned architect Donovan Dean, who designed the Southgate Shopping Center arch, the original Publix corporate headquarters and many art deco Publix stores in Central Florida. Fancelli said he now wishes to keep the original structure and integrate it into his larger project redeveloping the 300 and 400 blocks of North Massachusetts Ave.

"The Massachusetts corridor is in its early phase of turning around and will continue to attract much more development in the years to come," he wrote. "We can expect a great deal of new residential and commercial activity there."

Fancelli also highlighted his success turning other historical or architecturally significant buildings into establishments, such as Cob & Pen in Dixieland and his aid in relocated Born + Bread into their South Florida Avenue home. He wrote that he approached Stewart Simm and his wife, Kara, when he heard The Federal Bar was closing and they had the concept of opening a new event venue.

"The structure was never a church, but always a funeral parlor, used for people of all faith denominations for decades," Fancelli wrote.

Fancelli said the commissioners need to consider there is a letter of support from the Lakeland Downtown Development Authority and the city's Planning & Zoning Board gave approval.

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The Ledger reached out to Simm who confirmed he will present his plans at Tuesday's hearing but declined to comment further.

City staff has recommended approval of Simm's request for conditional use to open a special event venue that can serve up alcohol, but it comes with conditions. The city's conditions include all activity must be inside and no live or pre-recorded music can be played outdoors. It would also allow the city to revoke conditional use permit required to operate The Chapel if there are five or more code violations or registered reports made to Lakeland Police Department within a year.

The public hearing on The Chapel is scheduled for 9 a.m. Tuesday at City Hall, located at 228 S. Massachusetts Ave.

Sara-Megan Walsh can be reached at swalsh@theledger.com or 863-802-7545. Following on Twitter @SaraWalshFl.

This article originally appeared on The Ledger: Florida jaywalking law could stop plan to turn Lakeland church into bar