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HomeMy WebLinkAbout03-180 c,~, . (I}/) P ic'/) 'C'1.1, , J C j}V~ . , . V~ n. JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY File Number: '2274261 OR BOOK 1802 PAGE 1790 Recorded:09i19/03 10:34 RESOLUTION 03-180 FILE NO.: CU-03-010 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 A RESOLUTION FOR A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A RETAIL LIQUOR STORE IN A PORTION OF BUILDING "D" OF THE INDRIO CROSSING SHOPPING CENTER IN THE CG (COMMERCIAL GENERAL) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Winn Dixie. Inc.. presented a petition for a Conditional Use Permit to allow the operation of a retail liquor store in the CG (Commercial General) Zoning District for the property described Part B below. 2. On July 17, 2003, the S1. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereinafter described request for a Conditional Use Permit in the CG (Commercial General) Zoning District for the property described below. 3. On September 2, 2003, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed Conditional Use is consistent with the goals, objectives, and policies of the S1. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the S1. Lucie County Land Development Code. 5. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 6. The proposed project is provided water and sewer by the S1. Lucie County Utilities. 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on September 2, 2003. File No.: CU-03-010 September 2, 2003 Resolution 03-180 Page 1 f;r ~ Ck-~ OIl:; OR BooK'1802 PAGE 1791 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County Florida: A. Pursuant to Section 11.07.03 of the S1. Lucie County Land Development Code, a Conditional Use Permit for Winn Dixie, Inc., to allow the operation of a retail liquor store in the CG (Commercial General) Zoning District, with the following condition: 1 . The conditional use permit is only approved for Building "D" of the Indrio Crossings Shopping Center any other retail liquor stores for this shopping center will be required to undergo Conditional Use Permit review and approval by the Board of County Commissioners. 2, No internal connections doorway openings or access points permitting the movement of goods, employees or customers between the grocery and liquor store will be allowed. B. The subject property is described as follows: That certain piece, parcel or tract of land situate, lying and being in the City of Ft. Pierce, St. Lucie County, Florida, more particularly described as follows: Parcel 1: That part of the southwest 1/4 of the northwest 1/4 of Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida, lying east of Sunshine State Parkway Feeder Road (S.R. 713) and north of Indrio Road; less and excepting therefrom the east 818 feet of the south 228.17 feet. Parcel 2: The west 205 feet of the east 818 feet of the south 228.71 feet of that part of the southwest 1/4 of the northwest 1/4 of Section 13, Township 34 South, Range 39 East, lying north of Indrio Road in St. Lucie County, Florida. Parcel 3: East 613 feet of the south 228.71 feet of that part of the southwest 1/4 of the northwest 1/4 of Section 13, Township 34 South, Range 39 East, lying north of Indrio Road; less and excepting there from the west 458.71 feet of the east 463.21 feet of the south 208.71 feet. The above-described parcels contain a total of 33.272 acres, more or less, as described. Also described as follows: That part of the southwest 1/4 of the northwest 1/4 of Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida, lying east of Sunshine State Parkway Feeder Road (S.R. 713) and north of Indrio Road; less and excepting therefrom the west 458.71 feet of the east 463.21 feet of the south 208.71 feet. File No.: CU-03-010 September 2, 2003 Resolution 03-180 Page 2 OR BOOK' 1802 PAGE 1792 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Location: 4870 Kings Highway (Indrio Crossings Shopping Center) C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a zoning compliance for this property, and shall expire on September 2, 2004, unless the developer has obtained a zoning compliance for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), S1. Lucie County Land Development Code. D. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the S1. Lucie County Land Development Code, a new certificate of capacity shall be required. E. The S1. Lucie County Community Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of S1. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Cliff Barnes AYE Vice-Chairman Paula Lewis AYE Commissioner John Bruhn AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward AYE PASSED AND DULY ADOPTED this 2nd day of September 2003 I.', "C,'. BOARD OF COUNTY CqMMlsstQNERS ST. LUCIE COUNTY,,FC:' , """,, BY " File No.: CU-03-01O September 2, 2003 Resolution 03-180 Page 3 OR BOOK, 1802 PAGE 1793 1 2 3 ~ 6 7 8 9 10 ATTEST: V,/~ti~ DE~~RK .:~ cs: . '~'UU!Jrl' ^, .............. y H:\WP\Conditional Uses\W' .~),(r\~!~r'l~l~~~#. lution.wpd '~_' ~~')t) \,:;; r-t ny, ..',. t.-j -::: ~. i" .en ~ '-,' ~"''' {t. , l ..~. ~:' ..~> '...'+ r ,,:.;~..."?t;:" ~ . '. '.~:1' W~ ,.~.., ,<";;1' '{\~;..':" ~.~,~~:~:~~~~~ File No.: CU-03-010 September 2, 2003 Resolution 03-160 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 OR BOOK 1802 PAGE 1794 Exhibit A Certificate of Capacity File No,: CU-03-01O September 2, 2003 Resolution 03-180 Page 5 OR BoOK.1802 PAGE 1795 8t Lucie County Certificate of Capacity Date 9/5/2003 Certificate No. 1254 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Conditional Use Permit Number of units 0 Number of square feet 3630 2. Property legal description & Tax ID no. 131323200010004& 131323100000004 4870 Kings Highway Winn Dixie Stores, Inc. Indrio Crossing Shopping Center 3. Approval: Building Resolution No. R-03-180 Letter 9/4/03 4. Subject to the following conditions for concurrency: To construct a stand-alone package store wiithin 3630 square feet of the exisitng Winn Dixie grocery store building footprint Owner's name Winn Dixie Stores, Inc. Address 5050 Edgewood Court Jacksonville FL 32254 6. Certificate Expiration Date 9/2/2004 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed Date: 9/5/2003 Co munity Developme t Director St Lucie County. Florida Friday, September 05,2003 Page 1 of 1 , , . . OR BOOK 1802 PAGE 1796 1 2 3 4 5 6 7 Exhibit B 8 9 10 . Vicinity Maps . Site Location Map 11 12 13 14 15 16 File No.: CU-03-010 September 2, 2003 Resolution 03-180 Page 7 ~ -+-' Son Carlos Drive Q) Q) L. -+-' A . Petition of Winn Dixie Stores, Inc. for a Conditional Use to operate a liquor store within the Indrio Crossing Shopping Center. I / /b' (() 11 0' ~ II g-I~ o I~ c *1 01 I 10 10 '<:t 6 6 9 zo 19 NJ o 16 6 . Q) :J C Q) > <( IZ 'Z IJ ,. " IZ James Rood IJ 16 '5 ,. 'J J ,. Q) .D C o (() 'J IZ c o Q) Q) o ,. Z IS Z IS 8 10 16 16 Miramar Avenue ZO 19 NJ 0 16 n IZ IJ H IS o Santo Barbaro Dr Z o c o U . ,. Q) > L. 10 0 '5 9 ~ L. 8 0 0.. "D 6 0 0 == Q) ~ 0 J -1 Z Indrio Road SJ NJ 5Z 19 5/ zo !!O II 4lI 0 ., ;::0 r:J:I 0 0 ;:0:::: j-L CD 0 1'-,) -0 ::D en I"T1 j-L -J ....0 -J o :2 3: LL 0.. LL '<:t 0 Z 0 c 0 c U ~ CU 03-010 V / / / ~ This pattern indicates subject parcel m This pattern indicates subject bay within parcel .9:- ~uvU- &,~ ~IS: 7' ~~ Map prepared June 16, 2003 t ",.... ... -. -- ""-- .... -... ..-.,., YtNI -..y ....... been "*" to ~ .. moll O6renI-ro aocu.. normdon pouI)It" ill noli i"Unded Icw '* .. . ~ bftIlng doo.menI. N ~and Use Winn o ix;-e Stores, Inc. ~- Son Corlos Drive Q) Q) I.... - " IZ 'J H IS C .!: Q. o o II II ~ zo 1'1 III " 16 I I 16- (f) 11 Ol II I~ I~ c ~I 01 I 1() 1() IZ Q) :J C Q) > <{ II! James Rood 1J 16 IS ,. IJ H Q) ..0 C o (f) IJ IZ J J 14 z IS Z IS II ~ 1() " 16 16 Miramar Avenue ~ zo 1'1 16 " IZ IS CD 0' e- M lLJ to a: 0.. C'-.J o CD M Santo Barbaro Dr o z " 14 o c o U Q) > I.... o 1() IS ~ ::...:: CI CI a:l er::: CI ~ I.... o 0.. II 6~ o ~ 3: -0 o o 3: Q) ~ o ....J J co LL 0.. z LL ~ o Z o c o U COM R'M c ~ CU 03-010 V / / / ~ This pattern indicates subject parcel m This pattern indicates subject bay within parcel ~~~a,~ ~,Is., "7 ~~ Map prepared June 16. 2003 t lhiIlNP hu bMn CCll1'JlIed bgetW"~.-.d ~ pwJ;JOeM only WhIe """'Y .rbt ha bMn ma1e Ilo porr.otc:M IhI moeI a.nwlC.-1d aoa..nte lr*lnNtion poaibIe, ... noI ~ tor UN .. . IeQlIIt,' ~ doa.mert. N