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Growth Management Report 12. 2.
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| BCC Regular Meeting |
Public Hearing |
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| RECOMMENDATION: |
5:46 p.m. - A Public Hearing Concerning the Review of LDC Ordinance Article 7, “Certificate Of Zoning Compliance For The Sale Of Alcoholic Beverages”
That the Board review and adopt an Ordinance to the Land Development Code (LDC) amending Article 7, “Certificate Of Zoning Compliance For The Sale Of Alcoholic Beverages,” to change the method of measurement to the same method as for bottle clubs. |
| BACKGROUND: |
The Development Services staff has been directed to explore a possible change to the Land Development Code (LDC) regarding the measurement method used to determine if alcohol sales are within 1000' of a church or school.
Currently, the LDC directs a radial measurement:
7.14.01.B Measurement . The distance as set out above, shall be measured by radial spacing as follows: In the case of a place of worship, by measuring from the nearest corner of the applicant's business to the nearest corner of the place of worship, excluding projections, eaves, or overhangs. In the case of an educational facility, by measuring from the nearest corner of the applicant's business, excluding projections, eaves, or overhangs, to the nearest point of the school grounds in use as part of the school facilities. Measurements concerning child care and day care facilities shall be taken in the same manner as for educational facilities.
The proposed change would use the method of measurement found in the County Code of Ordinances for bottle clubs:
Sec. 6-34.-Distance Requirements
(c) The distance as set out in subsections (a) and (b) of this section shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of such place of business to the main entrance of the church, and in the case of a school, to the nearest point of the school grounds in use as part of the school facilities, and in the case of a dwelling, to the nearest point of the lot on which the dwelling is located.
At the November 7, 2011 Planning Board meeting, the Board recommended approval of the Ordinance and forwarded to BCC with no changes. |
| BUDGETARY IMPACT: |
| No budgetary impact is anticipated by the adoption of this Ordinance. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The attached Ordinance has been reviewed and approved for legal sufficiency by Stephen West, Assistant County Attorney. Any recommended legal comments are attached herein. |
| PERSONNEL: |
| No additional personnel are required for implementation of this Ordinance. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| The proposed Ordinance is consistent with the Board’s goal “to increase citizen involvement in, access to, and approval of, County government activities.” |
| IMPLEMENTATION/COORDINATION: |
Implementation of this Ordinance will consist of an amendment to the LDC and distribution of a copy of the adopted Ordinance to interested citizens and staff.
The proposed Ordinance was prepared in cooperation with the Development Services Department, the County Attorney’s Office and all interested citizens. The Development Services Department will ensure proper advertisement.
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