HomeMy WebLinkAbout17-0481
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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4293718 04/03/2017 03:58:26 PM
OR BOOK 3980 PAGE 698 - 702 Doc Type: RESO
RECORDING: $44.00
RESOLUTION 2017-48
CU 1020165073
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS GRANTING ROCKET FUEL 4 CORP A
CONDITIONAL USE PERMIT TO ALLOW THE RETAIL TRADE OF
UNDISTILLED ALCOHOLIC BEVERAGES AS ACCESSORY TO THE
FOOD STORE IN THE CN (COMMERICAL, NEIGHBORHOOD)
ZONING DISTRICT FOR PROPERTY LOCATED AT 7301 INDRIO
ROAD 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. Henry Izquierdo presented a petition for a Conditional Use Permit to allow the retail
sale of undistilled alcoholic beverages as accessory to the food store in the CN
(Commercial, Neighborhood) Zoning District for the property located at 7301 Indrio
Road, as described in Part B below and depicted in Exhibit "A".
2. On July 20, 1982, the St. Lucie County Board of County Commissioners approved the
petition for a site plan to be known as Indrio Plaza.
3. On January 28, 1991, the Planning and Development Services Director approved an
adjustment to the Indrio Plaza Site Plan to permit retail sale of gasoline services.
4. On June 20, 1999, through Ordinance 99-015, the St. Lucie County Board of County
Commissioners approved the transfer of the Retail trade of undistilled alcoholic
beverages accessory to the retail sale of food from the accessory use to the
conditional use in the CN (Commercial, Neighborhood) Zoning District, resulting in the
subject conditional use classification.
5. On January 19, 2017, the 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 this conditional use
permit.
6. On March 28, 2017, the St. Lucie Board of County Commissioners held a public hearing
on this petition, after publishing a notice of such hearing and notifying by mail all
March 28, 2017 Res. No. 2017-48
File No. CU 1020165073
1 owners of property within 500 feet of the subject property.
2
3 7. The proposed Conditional Use is consistent with the goals, objectives, and policies of
4 the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section
5 11.07.03 of the St. Lucie County Land Development Code.
6
7 8. The proposed conditional use will not have an undue adverse effect on adjacent
8 property, the character of the neighborhood, traffic conditions, parking, utility
9 facilities, or other matters affecting the public health, safety and general welfare.
10
11 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
12 County, Florida:
13
14 A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, the
15 Conditional Use for Rocket Fuel 4 Corp to allow the Retail trade of undistilled alcoholic
16 beverages as accessory to the retail food store in the CN (Commercial, Neighborhood)
17 Zoning District is hereby granted for the property described in Part B, subject to the
18 following condition:
19
20 1) Within 60 days of Conditional Use Approval, the applicant shall install landscaping
21 where not in compliance with the approved landscape plan, dated 5/10/1994
22 prepared by Armas Isenhower & Associates, Landscape Architects.
23
24 2) The issuance of County development permit does not in any way create any rights on
25 the part of the applicant to obtain a permit from a state or federal agency and does
26 not create any liability on the part of the County if the applicant fails to obtain
27 requisite approvals or fulfill the obligations imposed by a state or federal agency or
28 undertakes actions that result in a violation of state or federal law.
29
30 3) All other applicable state or federal permits must be obtained before
31 commencement of the development.
32
33 B. The property on which this Conditional Use Permit is being granted is described as
34 follows:
35
36 The South 200.00 feet of the North 220 feet of the West 100.00 feet of the East 180.00
37 feet of the South % of Section 14, Township 34 South, Range 39 East, St. Lucie County,
38 Florida.
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40 Parcel ID Number: 1314-411-0001-000/6
41
42 C. This Conditional Use Permit shall expire on March 28, 2018, unless the developer has
March 28, 2017 Res. No. 2017-48
File No. CU 1020165073
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obtained a building permit or zoning compliance approval 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.
D. The approvals and authorizations granted by this Resolution are for the purpose of
obtaining a building permit or zoning compliance from St. Lucie County, and are not
assigned to any other party or institution. Should the applicant choose or decide to
assign this business to another entity or individual, an adjustment to the conditional use
permit shall be required.
E. The Certificate of Capacity granted by the Planning and Development Services Director
on March 28, 2017 shall remain valid for the period of this development order. If this
order expires or otherwise terminates, the certificate of capacity shall automatically
terminate.
F. The St. Lucie County Planning and Development Services 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.
G. This order shall be recorded in the Public Records of St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chris Dzadovsky, Chairman AYE
Tod Mowery, Vice -Chairman AYE
Commissioner Linda Bartz AYE
Commissioner Frannie Hutchinson AYE
Commissioner Cathy Townsend AYE
March 28, 2017
File No. CU 1020165073
Res. No. 2017-48
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PASSED AND DULY ADOPTED this 28th day of March, 2017.
ATTEST:
DEPUTY_.
March 28, 2017
File No. CU 1020165073
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Z71
BY CHAIR AN
APPROVED AS TO FORM
AND CORRECTNESS:
COUNTY ATTORNEY
Res. No. 2017-48
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Exhibit A
March 28, 2017
File No. CU 1020165073
Res. No. 2017-48
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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4293719 04/03/2017 03:58:26 PM
OR BOOK 3980 PAGE 703 - 707 Doc Type: RESO
RECORDING: $44.00
RESOLUTION 2017-49
CU 1020165073
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS GRANTING ROCKET FUEL 4 CORP A
CONDITIONAL USE PERMIT TO ALLOW THE RETAIL TRADE OF
GASOLINE SERVICES AS AN ACCESSORY TO THE FOOD STORE IN
THE CN (COMMERICAL, NEIGHBORHOOD) ZONING DISTRICT FOR
PROPERTY LOCATED AT 7301 INDRIO ROAD 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. Henry Izquierdo presented a petition for a Conditional Use Permit to allow the
operation of gasoline services as an accessory to the food store in the CN
(Commercial, Neighborhood) Zoning District for the property located at 7301 Indrio
Road, as described in Part B below and depicted in Exhibit "A".
2. On July 20, 1982, the St. Lucie County Board of County Commissioners approved the
petition for a site plan to be known as Indrio Plaza.
3. On January 28, 1991, the Planning and Development Services Director approved an
adjustment to the Indrio Plaza Site Plan to permit retail sale of gasoline services.
4. On June 20, 1999, through Ordinance 99-015, the St. Lucie County Board of County
Commissioners approved the transfer of the Retail trade of Gasoline services as an
accessory to retail food stores under SIC 5411 from the accessory uses to the
conditional uses in the CN (Commercial, Neighborhood) Zoning District, resulting in
the subject conditional use classification.
5. On January 19, 2017, the 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 this conditional use
permit.
6. On March 28, 2017, the St. Lucie Board of County Commissioners held a public hearing
on this petition, after publishing a notice of such hearing and notifying by mail all
March 28, 2017
File No. CU 1020165073
Res. No. 2017-49
.q
1 owners of property within 500 feet of the subject property.
2
3 7. The proposed Conditional Use is consistent with the goals, objectives, and policies of
4 the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section
5 11.07.03 of the St. Lucie County Land Development Code.
6
7 8. The proposed conditional use will not have an undue adverse effect on adjacent
8 property, the character of the neighborhood, traffic conditions, parking, utility
9 facilities, or other matters affecting the public health, safety and general welfare.
10
11 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
12 County, Florida:
13
14 A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, the
15 Conditional Use for Rocket Fuel 4 Corp to allow the Retail trade of Gasoline services as
16 an accessory to the retail food store in the CN (Commercial, Neighborhood) Zoning
17 District is hereby granted for the property described in Part B, subject to the following
18 condition:
19
20 1) Within 60 days of Conditional Use Approval, the applicant shall install landscaping
21 where not in compliance with the approved landscape plan, dated 5/10/1994
22 prepared by Armas Isenhower & Associates, Landscape Architects.
23
24 2) The issuance of County development permit does not in any way create any rights on
25 the part of the applicant to obtain a permit from a state or federal agency and does
26 not create any liability on the part of the County if the applicant fails to obtain
27 requisite approvals or fulfill the obligations imposed by a state or federal agency or
28 undertakes actions that result in a violation of state or federal law.
29
30 3) All other applicable state or federal permits must be obtained before
31 commencement of the development.
32
33 B. The property on which this Conditional Use Permit is being granted is described as
34 follows:
35
36 The South 200.00 feet of the North 220 feet of the West 100.00 feet of the East 180.00
37 feet of the South % of Section 14, Township 34 South, Range 39 East, St. Lucie County,
38 Florida.
39
40 Parcel ID Number: 1314-411-0001-000/6
41
42 C. This Conditional Use Permit shall expire on March 28, 2018, unless the developer has
March 28, 2017 Res. No. 2017-49
File No. CU 1020165073
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obtained a building permit or zoning compliance approval 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.
D. The approvals and authorizations granted by this Resolution are for the purpose of
obtaining a building permit or zoning compliance from St. Lucie County, and are not
assigned to any other party or institution. Should the applicant choose or decide to
assign this business to another entity or individual, an adjustment to the conditional use
permit shall be required.
E. The Certificate of Capacity granted by the Planning and Development Services Director
on March 28, 2017 shall remain valid for the period of this development order. If this
order expires or otherwise terminates, the certificate of capacity shall automatically
terminate.
F. The St. Lucie County Planning and Development Services 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.
G. This order shall be recorded in the Public Records of St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chris Dzadovsky, Chairman AYE
Tod Mowery, Vice -Chairman AYE
Commissioner Linda Bartz AYE
Commissioner Frannie Hutchinson AYE
Commissioner Cathy Townsend AYE
March 28, 2017
File No. CU 1020165073
Res. No. 2017-49
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PASSED AND DULY ADOPTED this 28th day of March, 2017.
ATTEST:
M-UA��
DE UTY CLERK
March 28, 2017
File No. CU 1020165073
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY CHAI AN
APPROVED AS TO FORM
AND CORRECTNESS:
COUNTY ATTORN
Res. No. 2017-49
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Exhibit A
CU -1020165073 Zoning
Rocket Fuel 4 Corp
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` - - 500 ft notification area AGA -Agricultural (1 du/ac) RS -4 - Residential Single Family (4 du/ac) Map prepared November 2 201
March 28, 2017
File No. CU 1020165073
Res. No. 2017-49