HomeMy WebLinkAbout10-005 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3446333 03!01!2010 at 03:39 PM
OR BOOK 3175 PAGE 105 - 111 Doc Type: RESO
RECORDING: $61.00
1 RESOLUTION NO. 10-005
2 FILE NO.: CU-420093969
3
4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
5 ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO
6 ALLOW A FREE STANDING DRINKING PLACE (ALCOHOLIC
7 BEVERAGES) IN THE CG (COMMERCIAL, GENERAL) ZONING
s DISTRICT ON CERTAIN PROPERTY SITUATE INST. LUCIE COUNTY,
9 FLORIDA.
10
11
12 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
13 testimony and evidence, including, but not limited to the staff report, has made the following
14 determinations:
15
16 1. Raniana Patel presented a petition for a Conditional Use Permit to allow a free standing
17 drinking place (alcoholic beverages) in the CG (Commercial, General) Zoning District for
1 s the business known as "Tropical Martini"for a property located at 8589 S. US Hwy 1, St.
19 Lucie County, Florida, depicted on the attached maps as Exhibit "A"and described in Part
2 o B below.
21
22 2. On January 21, 2010 the St. Lucie County Planning and Zoning Commission held a
23 public hearing on the petition, after publishing notice at least 10 days prior to the hearing
24 and notifying by mail all owners of property within 500 feet of the subject property, and
2 5 recommended that the Board of County Commissioners approve a Conditional Use Permit
26 to allow a free standing drinking place (alcoholic beverages) in the CG (Commercial,
27 General) Zoning District for the property depicted on the attached maps and described in
2 s Part B below.
29
30 3. On February 16, 2010 this Board held a public hearing on the petition, after publishing
31 notice at least 10 days prior to the hearing and notifying by mail all owners of property
32 within 500 feet of the subject property.
33
3 4 4. The proposed Conditional Use is consistent with the goals, objectives, and policies of the
35 St. Lucie County Comprehensive Plan and has satisfied the requirements of Section
3 6 11.07.03 of the St. Lucie County Land Development Code.
37
3 s 5. The proposed Conditional Use will not have an undue adverse effect on adjacent property,
39 the character of the neighborhood, traffic conditions, parking, utility facilities, or other
4o matters affecting the public health, safety, and general welfare.
41
42 6. The proposed Conditional Use will be served by adequate public facilities and services.
43
44 7. A certificate of capacity as required under Chapter V. St. Lucie Land Development Code
45 has been applied for by the petitioner.
File No.: CU-420093969 Resolution No. 10-005
February 16, 2010 Page 1
1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
2 County, Florida:
3
4 A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
5 Conditional Use Permit to allow a free standing drinking place (alcoholic beverages) in the
6 CG (Commercial, General) Zoning District for the project to be known as "Tropical
7 Martini" is hereby approved for the property described below, subject to the following
8 conditions:
9
10 1. The petitioner, their successors or assigns shall comply with all the applicable
11 conditions of the St. Lucie County Noise Ordinance No. 06-021. Compliance with
12 this ordinance shall be enforced by the Code Enforcement Division. Upon
13 complaint and proof of adverse effect on adjacent properties, the permit may be
14 revoked pursuant to Section 11.07.05 (H) of the St. Lucie County Land
15 Development Code and any new permits will require approval of the Board of
16 County Commissioners.
17
18 2. Prior to issuance of a Zoning Compliance Permit, the petitioner, their
19 successors or assigns shall be responsible for installing soundproofing
2 o insulation or soundproofing wall panels sufficient to control any noise pollution.
21
22 3. The petitioner shall limit the hours of operation to 9:00 a.m. - 2:00 a.m., Monday
23 through Saturday and 1:00 p.m. - 12:00 midnight on Sunday and operate in
24 accordance with the Code of Ordinances of St. Lucie County and State of Florida
2 5 Statutes, Chapter 561.
26
27 B. The property on which this Conditional Use Permit is being granted is described as
2 8 foIIOWS:
29
3 o LEGAL DESCRIPTION:
31
32 ST LUCIE GARDENS 26 36 40 BLK 3 PART OF LOTS 4, 13 AND 14 LYG S AND W OF US 1
33 MPDAF: FROM SW COR LOT 4 RUN N 89 DEG 41 MIN 25 SEC W ALGS LI LOT 514.06 FT, TH
34 S27DEG31 MIN 37 SECE51.86FTTOPOB,THN63DEGE139.02FT,THS27DEG31 MIN
35 37SECE185FT,THN63DEGE160.99FTTOWLYR/WUSI,THS27DEG29MIN17SEC
36 EALG SD R/W 98 FT, TH S 63 DEG W 300.02 FT, TH N 27 DEG 29 MIN 17 SEC W 111.94 FT,
37 TH N 27 DEG 31 MIN 37 SEC W 171.06 FT TO POB (1.27 AC) (OR 1038-2724)
38
39 Tax ID#: 3414-501-1903-3008
4o Location: 8589 S. US Hwy 1, St. Lucie County, Florida
41
42 C. This Conditional Use Permit approval shall expire on February 16, 2011 unless a Building
43 Permit or Certificate of Zoning Compliance is secured or an extension is granted in
44 accordance with Section 11.7.05(F) of the St. Lucie County Land Development Code.
45
File No.: CU-420093969 Resolution No. 10-005
February 16, 2010 Page 2
1 D. The Conditional Use Permit approved under this resolution is specifically conditioned to
2 the requirement that the petitioner, Ranjana Patel, including any successors in interest,
3 shall obtain all necessary permits and authorizations from the appropriate Local, State,
4 and Federal regulatory authorities prior to the issuance of any local building permits or
5 authorizations to commence development activities on the property described in Part "B."
6
7 E. The Certificate of Capacity #2850, a copy of which is attached to this resolution as Exhibit
8 "B," shall remain valid for the period of Conditional Use approval. Should the Conditional
9 Use approval granted by this resolution expire or an extension be sought pursuant to
1o Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of
11 capacity shall be required.
12
13 F. The St. Lucie County Growth Management Director is hereby authorized and directed to
14 cause the notation of this resolution to be made on the Official-Zoning Atlas of St. Lucie
15 County, Florida, and to make notation of reference to the date of adoption of this
16 resolution.
17
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21 After motion and second, the vote on this resolution was as follows:
22
23
24 Charles Grande, Chairman Aye
25
26 Doug Coward, Vice Chair Aye
27
28 Paula A. Lewis, Commissioner Aye
29
3o Chris Dzadovsky, Commissioner .Aye
31
32 Chris Craft, Commissioner Aye
33
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File No.: CU-420093969 Resolution No. 10-005
February 16, 2010 Page 3
1
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4
5 PASSED AND DULY ADOPTED This 16th Day of February 2010.
6
7 BOARD OF COUNTY-COMMISSIONERS
8 ST. LUCIE COUNTY; FLORIDA
9
10
11
12 BY
13 h Irman
14
15
16 ATTEST: APPROVED AS TO FORM
17 AND CORREC NESS:
18 .,~s-'~
19 ~
2 0
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22 epu y Clerk County Att n y
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3 3 Is
3 4 G:\Planning\PROJECT FILES\Tropical Martini\BOCC\Resolution No10-005 Tropical Martini
File No.: CU-420093969 Resolution No. 10-005
February 16, 2010 Page 4
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St Lucie County
Certificate of Capacity
Date 2/5/2010 Certificate No. 2850
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 Beverages)
Number of units 0 Number of square feet
2. Property legal description & Tax ID no.
3414 501 1903 3008
8589 South US Highway 1
Tropical Martini
3. Approval: Building Resolution No. 10-005 Letter
4. Subject to the following conditions for concurrency:
Comply SLC Noise Ordinance No. 06-021. Permit may be revoked/Sec 11.07.05 (H) uponadverse
effect on adj property; new permits approved by BOCC. Install soundproofing.Hrs 9-tam M-Sat; lpm-
12m Sun/ follow SLC Code &FS 561
Owner's name
Port St Lucie Pub & Sports Bar Inc/Ranjana Patel
Address
630 SW Palmetto
Port St Lucie FL 34986-2019
6. Certificate Expiration Date 2/15/2011
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 `v Date:2/4/2010
Growth Management Director
St Lucie County, Florida
Thursday, February 04, 2010 Page 1 of 2