HomeMy WebLinkAbout10-0011
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RESOLUTION NO. 10-001
FILE NO.: CU-520093983
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO
ALLOW THE ON-PREMISE CONSUMPTION OF BEER AND WINE AS
ACCESSORY TO THE SOCIAL EVENT FUNCTION HALL IN THE CG
(COMMERCIAL, GENERAL) ZONING DISTRICT ON CERTAIN
PROPERTY 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. Majesty LLC presented a petition for a Conditional Use Permit to allow the on-premise
consumption of beer and wine as accessory to the social event function hall in the CG
(Commercial, General) Zoning District for a property located on the east side of US
Highway 1, approximately 3,200 feet south of Midway Road, St. Lucie County, depicted on
the attached maps as Exhibit "A" and described in Part "B" below.
2. On May 26, 2009, through Growth Management Order 09-001 the Growth Management
Director granted approval for a gathering facility for meetings, social events and parties in
a two story building consisting of 9,311 sq. ft. for a Minor Site Plan to be known as X-
treme Function Hall.
3. On November 19, 2009, the St. Lucie County Planning and Zoning Commission held a
public hearing on the petition, after publishing notice in the St. Lucie News Tribune 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 January 21, 2010, the St. Lucie County Planning and Zoning Commission reopened
the public hearing on this petition and recommended by a vote of 7 to 0 that the Board of
County Commissioners approve the Conditional Use Permit to allow the on-premise
consumption of beer and wine in the CG (Commercial, General) Zoning District.
5. On March 2, 2010, after publishing notice in the St. Lucie News Tribune at least 10 days
prior to the hearing and notifying by mail all owners of property within 500 feet of the
subject property, this Board continued this item.
6. On April 6, 2010, this Board continued the public hearing on this item.
7. 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.
File No.: CU-520093983 Resolution No. 10-001
April 6, 2010 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE # 3469076 05/03/2010 at 11:22 AM
OR BOOK 3192 PAGE 1292 - 1298 Doc Type: RESO
RECORDING: $61.00
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8. The proposed Conditional Use 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.
9. The proposed Conditional Use will be serviced by adequate public facilities and services.
10. 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 "B," was granted by the Growth
Management Director on February 9, 2010.
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 Majesty LLC, for the project known as St. Lucie Banquet and
Social Hall fka X-treme Function Hall, to allow the on-premise consumption of beer and
wine in the CG (Commercial, General) Zoning District is hereby approved for the property
described below, subject to the following conditions:
1. The petitioner, their successors or assigns shall comply with all the applicable
conditions of the St. Lucie County Noise Ordinance No. 06-021.
2. The hours of operation to serve beer and wine will be limited to 11:00 a.m. to 1:OO.a.m.
Monday thru Friday, 2:00 p.m. to 1:00 a.m. Saturday, and 2:00 p.m. to 12:00 a.m. Sunday
pursuant to the CODE OF ORDINANCES County of ST. LUCIE, FLORIDA, ARTICLE I. IN
GENERAL, Sec. 1-3-1 -Hours of Sales Regulated.
3. The petitioner, their successors or assigns shall be required to install and maintain
lighting facilities in such a manner so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or properties in compliance with Section
7.09.04 (K) of the Land Development Code.
4. The Conditional Use Permit granted under this petition is limited to the on-premise
consumption of beer and wine only. The sale of any other alcoholic beverages shall be a
major adjustment to this Conditional Use Permit and shall be granted only upon
application and approval by the Board of County Commissioners.
5. Prior to issuance of a Vegetation Removal Permit or Exemption, the Landscape Plan for
X-treme Function Hall Minor Site Plan (GM Order 09-001) shall include an eight (8) foot
concrete wall to be located within the ten (10) foot landscape buffer area along the
eastern project property line. The wall shall have a continuous hedge along the inside
and outside perimeter of the wall and a tree every 30 linear feet in accordance with
Section 7.09.04(E) of the Land Development Code. No Certificate of Zoning Compliance
shall be issued until the required wall and landscaping has been installed.
File No.: CU-520093983 Resolution No. 10-001
April 6, 2010 Page 2
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6. Prior to the issuance of a Building Permit the petitioner, successor or assign shall
provide documentation to the Building Official that the proposed building will be
insulated with sound proof material to control the degree of noise pollution to the
residential properties located to the east.
7. All doors facing east towards the residential neighborhood shall be designated as
"Emergency Exit Only"; shall be installed with fire alarms if opened; and shall remain
closed at all other times when there is no emergency.
B. The property on which this conditional use permit is being granted is described as follows:
LEGAL DESCRIPTION:
THE SOUTH 150' OF LOT 227, OF WHITE CITY SUBDIVISION, SECTION 10,
TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT
THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS
OF ST LUCIE COUNTY, FLORIDA, LESS AND EXCEPT RIGHT OF WAY FOR US
HIGHWAY NO. ONE AND CANAL RIGHT-OF-WAY.
Tax ID#: 3403-502-0293-000/7
Location: East side of US Highway 1, approximately 3,200 feet south of
Midway Road, St. Lucie County, Florida.
C. This Conditional Use Permit approval shall expire on April 6, 2011 unless a Building Permit
or Certificate of Zoning Compliance is secured or an extension is granted in accordance
with Section 11.07.05(F), St. Lucie County Land Development Code.
D. The Conditional Use Permit approval granted under this Resolution is specifically
conditioned to the requirement that the petitioner, MajestyLLC, 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 "
E. The Certificate of Capacity, a copy of which is attached to this Resolution as Exhibit "B,"
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.
F. 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.: CU-520093983
April 6, 2010
Resolution No. 10-001
Page 3
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After motion and second, the vote on this resolution was as follows:
Charles Grande, Chairman AYE
Doug Coward, Vice Chair AYE
Chris Dzadovsky, Commissioner AYE
Paula A. Lewis, Commissioner AYE
Chris Craft, Commissioner AYE
PASSED AND DULY ADOPTED This 6t" day of April, 2010.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COU Y FCQI~IDA
an
APPROVED AS TO FORM
AND CORRECTNESS:
County A
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G:\Planning\PROJECT FILES\X-treme Function Hall MNSP 720071274\P&Z\Revised\Resolution_X-treme Function Hall
File No.: CU-520093983
April 6, 2010
Resolution No. 10-001
Page 4
EXHIBIT"
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EXHIBIT " o "
St Lucie County
Certificate of Capacity
Date 2/9/2010
Certificate No. 2851
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 for Beer and Wine
Number of units 0 Number of square feet 9,311
2. Property legal description ~ Tax ID no.
340350202930007
E. side of US Hwy 1, 3200 ft south of Midway
St. Lucie Banquet & Social Hall fka X-treme
3. Approval: Building
Resolution No. 10-001 Letter
4. Subject to the following conditions for concurrency:
Owner's name
Majesty, LLC
Address
962 SE Breakwater Avenue
Port St. Lucie FL 34983
6. Certificate Expiration Date 4/6/2011
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 ~ Date: 3/3/2010
Growth Management Director
St Lucie County, Florida
Wednesday, March 03, 2010 Page 1 of 2