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HomeMy WebLinkAbout04-090 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 4O 41 42 43 RESOLUTION 04-090 FILE NO.: CU-04-004 A RESOLUTION FOR A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A FREESTANDING BAR, FOR THE ONSlTE CONSUMPTION OF ALCOHOL IN THE CG (COMMERCIAL GENERAL) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: James Morrow presented a petition for a Conditional Use Permit to allow the operation of a freestanding bar, for the onsite consumption of alcohol, in the CG (Commercial General) Zoning District for the property described in Part B below. On May 20, 2004, the St. 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. On June 15, 2004, 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. The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 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 will be serviced by onsite well and septic systems. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Interim Growth Management Director on June 15, 2004. File No.: CU-04-004 June 8, 2004 Resolution 04-090 Page 1 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 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County Florida: Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for James Morrow to allow the operation of a freestanding bar, for the onsite consumption of alcohol, in the CG (Commercial General) Zoning District, with the following condition: 1. The hours of operation will be limited to 11:00 am to 2:00 am. B. The subject property is described as follows: ALL THAT PART OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUClE COUNTY, FLORIDA, LYING WEST OF US HIGHWAY ONE (STATE ROAD NO. 5) AND EAST OF THE TURNPIKE FEEDER ROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY NO. I AND THE SOUTH LINE OF SAID SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST OF SAID SECTION 6, THENCE N87°20'14'' W A DISTANCE OF 220.76 FEET TO A POINT; THENCE N 27°32'57"E A DISTANCE OF 101.54 FEET TO A POINT SAID POINT BEING THE POINT OF BEGINNING; THENCE S 87°29'14"E A DISTANCE OF 181.06 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2964.93 FEET, A CENTRAL ANGLE OF 02°59'28'' AND AN ARC OF LENGTH OF 154.78 FEET, HOLDING A CHORD BEARING OF N 02°20'26'' E AND A CHORD OF 154.77 FEET TO A POINT; THENCE N 62°52'13" W A DISTANCE OF 97.74 FEET TO A POINT; THENCE S 2°32'57'' W A DISTANCE OF 101.54 FEET TO A POINT SAID POINT BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 24,647.76 SQUARE FEET, MORE OR LESS. Tax Id. No. 1406-124-0002-000/4 Location: 6623 N. US Highway One The approvals and authorizations granted by this Resolution are for the purpose of obtaining a zoning compliance for this property, and shall expire on June 15, 2005, 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), St. Lucie County Land Development Code. File No.: CU-04-004 Resolution 04-090 June 8, 2004 Page 2 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 3O 31 32 33 34 35 36 37 38 39 42 43 45 ~6 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 St. Lucie County Land Development Code, a new certificate of capacity shall be required. ED The St. Lucie County Growth Management Department Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. 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 Paula Lewis AYE Vice-Chairman John Bruhn AYE Commissioner Cliff Barnes AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward AYE PASSED AND DULY ADOPTED this 15th day of June 2004 BOARD OF COUNTY COMMISS ST. LUCIE COUNTY, FLORIDA BY ATTEST: l~, "'r;.:?''~'~'~/~ ~]~-;~.:V.~.~' APPROVED AS TO FORM ..... ,~ AND CORRECTNESS: cs: DEP0~ CLERK ~ COUNTY~~EY H:~WP~Conditional Uses~ames Morrows~approvals~marrow.resolution.wpd File No.: CU-04-004 Resolution 04-090 June 8, 2004 Page 3 10 14 15 16 1'7 18 Exhibit A Certificate of Capacity File No.: CU-04-004 Resolution 04-090 June 8, 2004 Page 4 St Lucie County Certificate of Capacity Date 6/16/2004 Certificate No. 1649 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. Tvpe of development CONDITIONAL USE PERMIT Number of units 0 Number of square feet 2. Property legal description & Tax ID no. 1406-124-0002-000/4 6623 N US HIGHWAY ONE JAMES MORROW 3. Approval: Building Resolution No. R-04-090 Letter 06/16/04 4. Subject to the following conditions for concurrency: CONDITIONAL USE PERM1T TO OPERATE A FREESTANDING BAR, FOR THE ONSITE CONSUMPTION OF ALCOHOL WITHIN THE CG (COMMERCIAL GENERAL) ZONING DISTRICT Owner's name CROCE GIAMBANCO Address 325 FARLEY COURT VERO BEACH FL 32968 6. Certificate Expiration Date 6/15/2005 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 develop me~t o~rd~r '~the sa'~ ~_ ~//'~"". me property, use and s ize as descri bed herein. Signed ,[/~(,.~'/.//~ Date: 6/16/2004 Growth Management Director St Lucie County, Florida Wednesday, June 16, 2004 Page 1 of 2 10 Exhibit B · Vicinity Maps Site Location Map File No.: CU-04-004 Resolution 04-090 June 8, 2004 Page 6 OR BOOK 2006 PAGE A Petition operate a I --I CU of James Morrow for a Conditional Use Permit to free-standing drinking establishment. O4-OO4 ~////,~ This pattern indicates subject parcel Map prepared April23, 2004 OR BOOK 2006 PAGE 2254 Zoning James Morrow --i AR-1 CU O4-OO4  This pattern indicates subject parcel U CG Map prepared April 23, 2004 OR BOOK 2006 PAGE Land Use James Morrow RU COM o -I-- COM COM CU O4-OO4  This pattern indicates subject parcel COM Map prepared April 23, 2004