HomeMy WebLinkAbout08-181
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 326247610/03/2008 at 09:31 AM
OR BOOK 3020 PAGE 720 - 728 Doc Type: RESO
RECORDING: $78.00
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RESOLUTION NO. 08-181
FILE NO.: CU-1120071371
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY .GRANTING A CONDITIONAL USE PERMIT TO
ALLOW THE OPERATION OF A DRINKING PLACE (ALCOHOLIC
BEVERAGES) FREE STANDING IN THE CG (COMMERCIAL,
GENERAL) ZONING DISTRICT ON CERTAIN PROPERTY SITUATED 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:
1. Ruth Battle presented a petition for a Conditional Use Permit to allow for the operation of a
Drinking Place (alcoholic beverages) - Free Standing in CG (Commercial, General) Zoning
District, depicted on the attached maps as Exhibit uB" and described in Part uB" below.
2. On July 17,2008, 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
re<!;ommended that the Board of County Commissioners approve a conditional use permit
to allow for the operation of.a Drinking Place (alcoholic beverages) - Free Standing in the
CG (Commercial, General) Zoning District for the property depicted on the attached maps
and described in Part B below.
3. On August 19, 2008 this Board canceled their meeting due to Tropical Storm Fay,
including 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.
4. On August 22, 2008 this Board held an emergency meeting and public hearing on the
petition and continued.the hearing toa date certain, September 2,2008 at 6 p.m., or as
soon as possible thereafter.
5. On September 2,2008 this Board held a public hearing on the petition, after publishing
notice at least 10 days priorto the hearing and notifying by mail all owners of property
within 500 feet of the subject property.
6. The proposed Conditional Use iscohsistent 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.
7. The proposed Conditional Use will not have an undue adverse effect on adjacent property,
File No.: CU-1120071371
September 2, 2008
Resolution No. 08-181
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the character of the neighborhood, traffic conditions, parking, utility facilities, or other
matters affecting the public health, safety, and general welfare.
8. The proposed Conditional Use will be serviced by adequate public facilities and services.
9. A Certificate of Capacity as required under Chapter V. St. Lucie Land Development Code,
a copy of which is attached to this resolution as Exhibit "A", was granted by the Growth
Management Director on September 9,2008.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit for Ruth Battle to allow for the operation of a Drinking Place
(alcoholic beverages) - Free Standing in the CG (Commercial, General) Zoning District is
hereby approved/denied for the property described below, subject to the following
conditions:
1. The night club operation will be limited to the hours of 6 p.m. to 2 a.m., Thursday
through Sunday.
2. The petitioner shall provide the twenty-four parking spaces required pursuant to
Section 7.06.00 of the St. Lucie County Land Development Code.
B. The property on which this conditional use permit is being granted is described as follows:
LEGAL DESCRIPTION:
A portion of Lot 8, Block 4 of the Southeast 1/4 of the Subdivision entitled "Model Land
Company Subdivision" of Section 15, Township 36 South, Range 40 East as recorded in Plat
Book 1, Page 41 of the Public Records of St. Lucie County, Florida, being more particularly
described as follows:
Commence at the Northwest corner of the Southeast 1/4 of Section 15, Township 36 South,
Range 40 East; Thence on the assumed bearing of South 89 C1egrees 56'27" East along the
North line of the Southeast 1/4, 78.00 feet to the East Right of Way of U.S. Highway No.1;
thence South 00 degrees 00'27" East, along said East Right of Way, 15.00 feet to the platted
North line of Lot 7 as shown on the Plat of "Model Land Company Subdivision" of Section
15, Township 36, Range 40 East, St. Lucie County, Florida; thence continue South 00
degrees 00'27" East, along said East Right of Way line of U.S. Highway No.1, a distance of
1,167.00 feet; thence run Northwesterly, Northerly and Northeasterly along the curve
concave to the Southeast having a radius of 35.00 feet, a central angle of 90 degrees 00'00"
an arc distance of 54.98 feet; thence run North 89 degrees 59'33" East, a distance of 121.00
feet to the Point of Beginning of the Parcel herein described; thence continue North 89
degrees 59'33" East for 47.81 feet; thence run South 64 degrees 56'37" East, a distance of
73.07 feet; thence run South 00 degrees 00'27" East, a distance of 141.56 feet; thence run
North 89 degrees 55'49 " West, a distance of 114.00 feet; thence run North 00 degrees 00'27"
File No.: CU-1120071371
September 2, 2008
Resolution No. 08-181
Page 2
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West, a distance of 172.36 feet to the Point of Beginning.
Property Tax 10# 3415-501-0065-040/6
Location:
6708-6710 South US Highway 1, Port St Lucie, FL
This Conditional Use Permit approval shall expire on September 1 , 2009 unless a Building
Permit or Certificate of Zoning Compliance is secured or an extension is granted in
accordance with Section 11.7.05(F), St. Lucie County Land Development Code.
The Conditional Use Permit approval granted under this Resolution is specifically
conditioned to the requirement that the petitioner, Ruth Battle, including any successors in
interest, shall obtain all necessary permits and authorizations from the appropriate Local,
State, and Federal regulatory authorities prior to the issuance of any local building permits
or authorizations to commence development activities on the property described in Part B.
The Certificate of Capacity, a copy of which is attached to this resolution as Exhibit "A",
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.
The St. Lucie County Growth Management Director is hereby authorized and directed to
cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie
County, Florida, and to make notation of reference to the date of adoption of this
resolution.
File No.: GU-1120071371
September 2, 2008
Resolution No. 08-181
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After motion and second, the vote on this resolution was as follows:
Chairman Joseph E. Smith
YES
Vice-Chair Paula A. Lewis
YES
Commissioner Doug Coward
YES
Commissioner Chris Craft
YES
Commissioner Charles Grande
YES
PASSED AND DULY ADOPTED This 2nd Day of September 2008.
BOARD OF COUNTY COMMISS
ST. LUCIE COUNTY, FLORID
BY
APPROVED AS TO FORM
AND CORRECTNESS:
Ijs
H:\Heritage Night club \Resolution No 08-181 CU 1120071371
File No.: CU-1120071371
September 2, 2008
Resolution No. 08-181
Page 4
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Exhibit "A"
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Certificate of Capacity
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File No.: CU-1120071371
September 2, 2008
Resolution No. 08-181
Page 5
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Exhibit "8"
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. General Location Map
. Area Subject to the Conditional Use
Permit
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File No.: GU-1120071371
September 2, 2008
Resolution No. 08-181
Page 6
EXHIBIT
D R
JL
St Lucie County
Certificate of Capacity
Date 7/31/2008 Certificate No. 2778
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 CU Permit - Drinking Place (Alcoholic)
Number of units 0
Number of square feet
2. Property legal description & Tax ID no.
2415-501-0065-040-6
6708-6710 S. US Highway 1, Port St Lucie FL
Ruth Battle
Model Land Company
3. Approval: Building
Resolution No. 08-181
Letter
4. Subject to the following conditions for concurrency:
Certificate shall be valid for the same time period as the Resolution 08-181.1 )Nightclub operation will
be limited to the hours of 6 p.m. to 2 a.m. Thursday thru Sunday. 2)Petitioner shall provide 24 parking
spaces.
Owner's name
Arroyo Enterprises Inc.
Address
6704 S. US Hjghway 1
Port ST. Lucie FL 34952
6. Certificate Expiration Date
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.
SlgDed~ ~Dte: 91912008
Growth Management Director
St Lucie County, Florida
Tuesday, September 09, 2008
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CU 1120071371
A petition of Ruth Battle (Heritage Night Club) for a proposed Conditional Use to
allow a drinking place (alcoholic beverages) - free standing
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