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Home My WebLink About16-001JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4150250 01/14/2016 at 02:04 PM OR BOOK 3827 PAGE 778 - 782 Doc Type: RESO RECORDING: $44.00 1 1 RESOLUTION 2016-001 2 FILE NO.: CU -820154918 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, 5 GRANTING A WAIVER PURSUANT TO SECTION 7.10.11(D) DISTANCE REQUIREMENTS FOR 6 ALCOHOLIC BEVERAGES TO ALLOW THE ON -PREMISE CONSUMPTION OF ALCOHOLIC 7 BEVERAGES AS ACCESSORY TO A BREWERY LOCATED AT 3200-3266 ST. LUCIE BLVD IN FORT 8 PIERCE, FLORIDA 9 10 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 11 testimony and evidence, including, but not limited to the staff report, has made the following 12 determinations: 13 14 1. Erfolg Holding, Inc. presented a petition for a Waiver from the requirements of Section 15 7.10.11(A) of the St. Lucie County Land Development Code authorizing the on premise 16 consumption of alcoholic beverages in an establishment located within required separation 17 of a religious facility in the IL (Industrial, Light) Zoning District for a property located at 18 3200-3266 St. Lucie Boulevard, depicted on the attached maps as Exhibit "A" and 19 described in Part "A" below. 20 21 2. Section 7.10.11(B) of the Land Development Code provides for the method of 22 measurement to be followed in determining whether or not a religious facility, school, 23 public park, or public playground is within the prescribed distance of the proposed use. 24 Based on the measurement standards set forth in Section 7.10.11(B), the Northside 25 Christian Fellowship Church, 3100 St. Lucie Boulevard (1,216 feet door to door) has been 26 determined to fall within the required distance separation. 27 28 3. On November 19, 2015, the St. Lucie County Planning and Zoning Commission held a 29 public hearing on the petition, after publishing notice in the St. Lucie News Tribune at least 30 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of 31 the subject property. 32 33 4. Section 7.10.11(D) of the Land Development Code provides that the Board of County 34 Commissioners may waive the minimum distance provision of Section 7.10.11(A) of the 35 Land Development Code, following a public hearing, if the Board determines that the 36 standards of review set forth in Section 11.07.03 for the granting of this requested waiver 37 have been complied with. 38 39 5. At the first public hearing on this petition the Planning and Zoning Commission 40 recommended that the Board of County Commissioners approve the Waiver to allow the 41 on premise consumption of alcoholic beverages within the distance separation required to 42 a religious facility. 43 44 6. On January 5, 2016, after publishing notice in the St. Lucie News Tribune at least 10 days 45 prior to the second public hearing and notifying by mail all owners of property within 500 46 feet of the subject property the Board of County Commissioners approved the Waiver File No.: CU 820154918 Resolution No. 2016-01 January 5, 2016 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 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 request. 7. The Waiver request 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. 8. The Waiver 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 manufacturing business that is requesting the Waiver will be serviced by adequate public facilities and services. 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 Waiver for Erfolq Holdings, Inc. for the project known as Runway's End Commerce Center — Islamorada Brewing Company, to allow the on premise consumption of alcoholic beverages within 1,600 feet of a church is hereby approved, subject to the following conditions of approval: 1. The Waiver granted under this petition is for a tasting room accessory to the primary use of the manufacturing facility that is Islamorada Brewery. The tasting room products offered are limited to beer and wine and the area devoted to on -premises consumption of alcohol is not to exceed 4,000 square feet of floor area. The sale of any other alcoholic beverages for on -premises consumption shall require a major adjustment to this Waiver through the Conditional Use Process and shall be granted only upon application and approval by the Board of County Commissioners. 2. The petitioner, their successors or assigns shall comply with all the applicable conditions of the St. Lucie County Code of Ordinance -Article V. Noise Control. 3. The hours of operation to serve beer and wine will be limited to 12:00 p.m. to 10:00.p.m. Monday through Saturday, and 1:00 p.m. to 10:00 p.m. Sunday. 4. 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. 5. No live amplified music or entertainment outdoors is permitted without a Temporary Special Event Permit issued by the St. Lucie County Planning and Development Services Department, Code Compliance Division. The property owner shall make application for such permit at least one month in advance of any event. The request for permit shall include the date, time, type and purpose of the event along with contact File No.: CU 820154918 January 5, 2016 Resolution No. 2016-01 Page 2 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 information. All events must end prior to 10:00 p.m. 6. The Petitioner shall provide educational information to the public visiting the facility, in a format determined by the Petitioner, on the potential negative consequences of over consumption of alcohol, B The property on which this waiver is being granted is described as follows: Parcel 1: Lots 1 through 9 inclusive and Lots 28 through 36 inclusive, Block 64 and the East 1/2 of vacated Cayuga Avenue adjacent on the West of Lots 28 through 36, all in San Lucie Plaza Unit One, according to the map or plat thereof as recorded in Plat Book 5, Page 57, Public Records of St. Lucie County, Florida. Parcel 2; Lots 10 through 18 inclusive in Block 65, and the West 1/2 of vacated Cayuga Avenue, adjacent on the East, and in San Lucie Plaza Unit One, according to the Plat thereof as recorded in Plat Book 5, Page 57, of the Public Records of St. Lucie County, Florida Less than and except the South 30 feet of Lot 18, Block 65; and the South 30 feet of the West 1/2 of vacated Cayuga Avenue; and the South 30 feet of Lots 1 and 36, Block 64; and the South 30 feet of the East 1/2 of vacated Cayuga Avenue, all in San Lucie Plaza Unit One, as recorded in Plat Book 5, Page 57, of the Public Records of St. Lucie County, Florida Parcel ID No.'s: 1428-702-1492-000/4 and 1428-702-1537-000/2 C. The approvals and authorizations granted by this Resolution shall expire on January 5, 2017 unless a Certificate of Zoning Compliance is secured for the associated primary use or an extension is granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. D. The Waiver approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Erfolg Holdings, Inc. including any successors in interest, shall obtain all applicable permits and authorizations from the appropriate Local, State, and Federal regulatory authorities prior to the commencement of any development activities on the property described in Part "A." Issuance of this Waiver by the County does not in any way create any rights on the part of the owner to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this Waiver if the owner fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. This Waiver is to authorize the on premise consumption of alcoholic beverages within the distance separation required to a religious facility and shall automatically expire and cease should such use for any reason discontinue for a period of twelve consecutive months. File No.: CU 820154918 Resolution No. 2016-01 January 5, 2016 Page 3 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 F. This Waiver may be revoked in accordance with Section 11.07.05(H) of the St. Lucie County Land Development Code. G. This resolution shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Commissioner Kim Johnson, Chairman AYE Commissioner Chris Dzadovsky, Vice Chairman ABSENT Tod Mowery, Commissioner AYE Paula A. Lewis, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED This 5th day of January, 2016. 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