BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

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6B BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PUBLIC HEARINGS PRESET: TITLE: JUPITER WATERFRONT INN, LOCATED AT 18903 S. E.

1 6B BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PUBLIC HEARINGS PRESET: TITLE: JUPITER WATERFRONT INN, LOCATED AT S. E. FEDERAL HIGHWAY (JMZ PROPERTIES, INC) REQUEST WAIVER OF 50 FOOT RESTRICTION FOR BEER AND WINE 0N-SITE SALES FROM A RESIDENCE WITHIN A RESIDENTIAL ZONING DISTRICT AGENDA ITEM DATES: MEETING DATE: 7/26/2011 COMPLETED DATE: 7/14/2011 COUNTY ATTORNEY: 7/4/2011 ASSISTANT COUNTY ADMINISTRATOR: 7/11/2011 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: John Zuccarelli, III Growth Management Harry W. King, AICP Name: JMZ Properties, Inc Procedures: None EXECUTIVE SUMMARY: Principal Planner The owner of Jupiter Waterfront Inn, located between US 1 and the Intracoastal Waterway at S.E. Federal Highway is requesting a waiver of the Alcoholic Beverages Sales requirements of Section 5.3.C, Vol. 1, Martin County Code of Ordinances for beer and wine sales and consumption within 50 feet of a residence. APPROVAL: LEG ACA CA PDF Page 1 of 36

2 BACKGROUND/RELATED STRATEGIC GOAL: The owner of the Jupiter Waterfront Inn, John M. Zuccarelli, III, President of JMZ Properties, Inc. approached staff with the request for beer and wine sales and on-site consumption within the lobby and rooms of the operating motel that is located approximately 1//2 mile north of County Line Road on the east side of Highway US1, in the South County Planning Area. Since the motel is located within 50 feet of a residence in the WRC zoning district (Resolution ), the motel owner is required to petition the Board of County Commissioners for a waiver to the distance requirement. The attached application filed as a 2COP, Retail Alcoholic Beverages for on-site and consumption of beer and wine, seeks Board approval at public hearing in accordance with Section 5.3.C and D, Vol. 1, Martin County Code of Ordinances. The residential unit located to the north in the Emerald Harbour Subdivision (S.E. Jupiter Inlet Way), as well as other property owners within 300 feet of the motel are being notified of this public hearing by the applicant. Before County staff may sign the zoning authorization of Section 5 of the application to the State, the applicant is required to seek this Board approval of the distance waiver. ISSUES: The waiver from the 50 foot minimum distance to any adjoining residence triggers this request for public hearing consideration before the Board of County Commissioners in accordance with the following provisions of the Chapter 5, Alcoholic Beverage requirements: 5.3.C. Sales restricted within 50 feet of any dwelling or residential district. Except as noted below, no sales of alcoholic beverages for on-premises consumption within any of the specified hotel-motel or business zones shall be permitted within 50 feet of any residential district, and no such sales shall be permitted in any district within 50 feet of a dwelling. Such distances shall be measured on a straight line from the nearest point of the boundary line of such dwelling or district to the nearest point of the building of the licensed premises. This subsection shall not be applicable to sales on licensed premises in existence on the date of adoption of this subsection. 5.3.D. Required distances listed in subsection 5.3.B or 5.3.C may be waived by the Board of County Commissioners only after a public hearing is held pursuant to the public hearing notification requirements of sections 10.6.D and 10.6.E, Land Development Regulations, Martin County Code, at which the board determines that the granting of such waiver will not be detrimental to the public safety, health or welfare or be injurious to other property or improvements in the area in which the property is located. Any such waiver shall be limited to the applicant requesting the waiver. The waiver shall not apply to any future transfer of the applicant's alcoholic beverage license without the consent of the Board of County Commissioners granted at a public hearing pursuant to the requirements set forth herein. In granting a waiver to the distance requirements for the on-premises consumption of alcoholic beverages, the Board of County Commissioners may require such conditions as will, in its judgment, substantially ensure that negative impacts are not generated from any site requesting a waiver. The board may revoke a waiver at any time upon determining that impacts from the approval of any such waiver are negatively affecting surrounding properties. A revocation shall result only after a public hearing to determine all relevant facts. The Growth Management Department has evaluated the request in light of the aerial photograph, zoning and future land use map attached to this report. The applicant has provided the on-site photographs to illustrate the visual separation of the motel from the adjacent residence owned by Margaret Staples. Staff conclusion is that granting of the waiver will not be detrimental to the public safety, health or welfare or be injurious to the adjoining property. At the advertised public hearing, the adjoining property owners are provided the opportunity to offer their findings and conclusions. RECOMMENDED ACTION: PDF Page 2 of 36

3 RECOMMENDATION The Growth Management Department recommends that the Board approve the requested waiver to the minimum 50 foot separation of beer and wine sales from a residential unit. Staff further requests that the Board authorize staff to sign the Zoning Authorization in Section 5 of the State of Florida application for a 2COP beer and wine sales and consumption for the Jupiter Waterfront Motel located at S.E. Federal Highway. ALTERNATIVE RECOMMENDATIONS The Board may find the request to not meet the tests in Section 5.3.D, Code of Laws and Ordinances for protection of public health, safety or welfare or be injurious to other properties in the area and deny the applicant s request. FISCAL IMPACT: RECOMMENDATION The applicant has paid the $ application fee and will reimburse the County for the cost of the legal notice for this public hearing. ALTERNATIVE RECOMMENDATIONS Same as recommended action. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution X Other: Authorize staff to approve the zoning compliance portion of the State application. ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG PDF Page 3 of 36

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BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

4C1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: THE REEFS WATERFRONT LLC, MANAGER GREGORY FLEWELLING, DBA THE REEFS WATERFRONT RESTAURANT FOR SPECIAL LIQUOR LICENSE