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ITEM: RESOLUTION NO. R2015-19 (SPECIAL USE PERMIT FOR THE JUANITO'S RESTAURANT, LLC, OPERATING AS THE GRILLE)
A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL APPROVING A SPECIAL USE PERMIT FOR JUANITO'S RESTAURANT, LLC, OPERATING AS THE GRILLE, UTILIZING OUTDOOR AMPLIFIED MUSIC FOR A ONE DAY OUTDOOR TALENT SHOW TO BE HELD AT 12300 SOUTH SHORE BOULEVARD; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Resolution No. R2015-19 Special Use Permit for a one day outdoor charity talent show utilizing amplified music.
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EXPLANATION: Juanito's Restaurant, LLC, operating as The Grille, located at 12300 South Shore Boulevard, is hosting a one outdoor charity talent show benefiting the United States Equestrian Foundation on Wednesday, March 11th, 2015 from 6:30 p.m. to 9:30 p.m. The Applicant anticipates approximately 350 people in attendance with all activities onsite. The business is located in Mizner Place in the Wellington Planned Unit Development (PUD). In accordance with Article 5; Development Review Procedures, Chapter 5; Special Permit Uses of the Wellington Land Development Regulations Special Use Permits with amplified music require Council approval.
In 2012, Council approved a conditional use (Resolution No. R2012-47) for The Grille to operate as a cocktail lounge with a 4COP liquor license. In 2013, The Grille was granted an Extended Hours of Operation Permit to operate indoor activities until 2:00 a.m. Both approvals included a condition of approval requiring special use permits for any outdoor entertainment.
On January 17, 2015, an anonymous complaint was received concerning The Grille remaining open until 3:00 a.m. and music being audible in Palm Beach Polo & Country Club. Code Compliance conducted a site visit on January 17, 2015 and February 7, 2015 and observed outside service after 11:00 p.m. which violates their Extended Hours of Operation Permit.
On February 11, 2015, Code Compliance conducted a site visit in response to a noise complaint from a neighboring residential property owner. The officer found an outdoor event with amplified music that did not have a special use permit.
The Grille currently has three active code compliance cases: 15-1795 violation of Hours of Operation Permit; 15-2471 holding an event without a Special Use Permit; and 15-2472 noise violation. On a site visit conducted on February 22, 2015, Code Compliance found The Grille in compliance with cases 15-1795 (Hours of Operation) and 15-2472 (Noise). Code will be conducting various site visits to ensure they remain in compliance. For Case 15-2471 (Special Use Permit), The Grille was directed to submit an application for a special use permit. An application was submitted on February 12, 2015. Despite direction from staff to suspend all events until the permit was approved, three events were held on February 18th, 25th, and March 4th.
Attached is the application date stamped February 12, 2015. Staff, including Palm Beach County Fire Rescue, Palm Beach County Sheriff's Office, Public Works and Code Compliance, has reviewed the application and recommends approval with the condition that the applicant provide an audio engineer or coordinate with the Village of Wellington to hire a Code Compliance Officer to monitor sound meter levels during the event to ensure they are not exceeding the noise limits set forth in Table A of Section 36-34 of Wellington's Code of Ordinances. However, the owner's consent form was not received until February 20, 2015.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: N/A
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Resolution No. R2015-19 Special Use Permit for a one day outdoor charity talent show event utilizing amplified music.