HomeMy WebLinkAbout16-0011
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JOSEPH E. SMITH, CLERK OF THE CIRGUI I Guum 1
SAINT LUCIE COUNTY
FILE # 4149799 01113/2016 at 10:47 AM
OR BOOK 3826 PAGE 2182 - 2186 Doc Type: ORDN
RECORDING: $44.00
ORDINANCE 16-001
FILE NO.: TLDC 820154917
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND
DEVELOPMENT CODE, SECTION 7.10.11 - DISTANCE REQUIREMENTS FOR
ALCOHOLIC BEVERAGES; PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING
AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR
CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on
the testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida,
adopted the St. Lucie County Land Development Code.
2. On November 19, 2015, the Planning and Zoning Commission held a public hearing on the
proposed ordinance after publishing due notice in the St. Lucie News Tribune and
recommended that the proposed ordinance be forwarded with a recommendation for
approval.
3. On December 15, 2015, this Board held its first public hearing on the proposed ordinance,
after publishing due notice in the St. Lucie News Tribune.
4. On January 5, 2016, this Board held its second public hearing on the proposed ordinance,
after publishing due notice in the St. Lucie News Tribune.
5. The proposed amendments to the St. Lucie County Land Development Code are
consistent with the general purpose, goals, objectives and standards of the St. Lucie
County Comprehensive Plan and are in the best interest of the health, safety and public
welfare of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County,
Florida:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE
ARE TO READ AS FOLLOWS:
SECTION 7.10.11 - DISTANCE REQUIREMENTS FOR ALCOHOLIC BEVERAGES
A. Distance Restrictions for Persons Selling or Transferring Alcoholic Beverages. No sales or transfers
of alcoholic beverages for on -premises consumption shall be permitted except as noted below, within
one thousand six hundred (1,600) feet of an existing religious facility, school, public park, or public
playground. This section shall not be applicable to sales or transfers by any license holder whose use
Ordinance No. 16-001
File No.: TLDC 820154917
Page 2
1 of his premises for such sale existed before the establishment of the use of the religious facility, school,
2 public park, or public playground, or when the religious facility is located in a CG (Commercial General)
3 zoning district.
4 B. Measurement. The manner of measurement of the distance referred to in Section 7.10.11 (A) above
5 shall be as follows:
G Begin at the main entrance ofthe church or school building or apublic park or playground, regardless
7 of which zoning they are in, thence run to the centerline of the streetright-of-way in front of such
O entrmnce, thence along the centerline of such street right-of-way to point immediately opposite the
9 main entrance of the proposed licensed pnanniaes, thence to the center of the main entrance of the
10 building ofthe proposed licensed premises.
11 |fthere iomore than one public entrance to anestablishment, the main entrance shall beconstrued io
12 mean the principal or leading entrance to the premises involved and to which the traffic route, whether
13 vehicular or pedestrian, of those going to and from said premises chiefly directs itself.
14 NeweveF, iR AG Gase shall In addition thedistance between alicensed establishment and oreligious
is fooi|ity, school, public park, orpublic playground shall not be less than one thousand (1.000)0aet-w
16 lees measured by a straight line between the nearest corners of the establishment and a religious
17 facility bui|ding, or in the case of school, public pork, or public p|mygnoumd, measured by a straight
18 line bmb^a»en the licensed establishment and the paM«, p!aygnound, school bui|ding, or school
19 playground area.
20 C. Waiver Provision for Business Selling or Transferring Alcoholic Beverages as anAccessory 1oonEating
21 Place. Any person whose location orplace ofbusiness does not meet the distance restrictions in
22 Section 7.10.11 (A) and who is proposing to sell ortransfer alcoholic beverages for on -premises
23 consumption as an accessory to an eating place may have this distance waived in the following
24 manner:
25 1. A request for waiver may be initiated by filing an application in vvhUnQ for such waiver with the
36 Planning and Development Services Director.
27 2. The Planning and Development Services Director shall schedule public hearing before the
28 Board of County Commissioners in accordance with the requirements of Section 11.00.00 of this
29 Code.
30 3. An applicant operating m drinking place accessory to an eating place for which such waiver is
31 sought must:
32 a. Dispense sales of beer, wine or liquor only to persons patronizing the establishment for the
33 main purpose ¢yordering and consuming food.
34 b. Have permanent kitchen facilities located within the premises in which meals are regularly
35 prepared for service topatrons mfthe establishment.
36 4. Awaiver ofdistance requirements under this section shall be granted only inthe event bdoes not
37 adversely affect cunnnnunKv hmalth, safety orgeneral welfare and in connection therewith there
38 shall beconsidered the following: �
39 o. The actual location and distance of the proposed establishment with respect to other places
40 of business licensed to sell intoxicating beverages, whether on or off the premises, as well
41 aschurches, schools, public park orpublic playground.
42 b. The type and size of the eebabUmhrnent, including bar floor space and seating uopaodv.
43 capable of seating not fewer than thirty-five (35) persons simultaneously for the purpose of
44 consuming foad, and whether, in view of such type or sizo, the proposed establishment is
45 likely bocreate a public nuisance or traffic impediment by drawing crowds or persons milling
45 about outside the building.
Underline /, for Addition
MAke T-14FOUgh*for Deletion
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Ordinance No. 16-001
File No.: TLDC 820154917
Page 3
c. Whether adequate parking and landscaping for the facility is provided so as to meet the
requirements set forth in Sections 7.06.00 and 7.09.00 of this Code.
d. Whether the facility is physically separated or sufficiently well buffered from all adjacent
residentially zoned areas; schools, churches, public parks and public playgrounds.
e. Whether, if the facility is located with sixteen hundred (1,600) feet of a church, school, public
park or public playground, it will generate traffic which may adversely affect the safety of
persons attending or using such church, school, public park or public playground.
Before any action is taken upon any application as provided in this section, the applicant shall
deposit with the Planning and Development Services Director, the sum of three hundred dollars
($300.00) to cover the approximate cost of the procedure and such sum is not refundable in any
event.
D. Waiver Provision for Business Selling or Transferring Alcoholic Beverages as an Accessory to a
Principal Use. This waiver provision shall only apply to tasting rooms associated with a licensed
business establishment authorized to operate in a given zoning district as Manufacturing o
beverages (SIC 208). Wholesale trade (SIC 518) or Retail liquor store (SIC 592) who is proposing
to sell or transfer alcoholic beverages for on -premises consumption as an accessory to the
permitted principal use, is not accessory to an eating establishment, and whose location does not
meet the distance restrictions set forth in Section 7. 10.11 (A) as measured by Section 7.10.11(B)
above. Such business establishment may apply to have this distance requirement waived in the
following manner:
1. A reguest for waiver maybe initiated by filing an application in writing for such waiver with the
Planning and Development Services Director.
2. The waiver process shall follow the Conditional Use process set forth in Section 11.07.01 except
that only one public hearing before the Board of County Commissioners shall be required,
including all applicable fees determined by the Board of County Commissioners and published
by the Planning and Development Services Director, and shall be subiect to the standards of
review as set forth in Section 11.07.03 where additional conditions may be imposed as necessary
to effectuate compatibility with the surrounding neighborhood. Such conditions may include but
are not limited to hours of operation, intensity, design, size, seating capacity, configuration and
public facility impact associated with the tasting room. In addition to the mail notice requirements
set forth in 11.07.01, mail notices must also include religious facilities, schools, public parks, or
public playgrounds that fall within the affected measurement of Section 7. 10.11 (B) above.
DE. Exception. Provided, however, the distance restrictions set out in Sections A, B, C and D shall not
apply to licenses when located within a hotel or motel of one hundred (100) rooms or more with
restaurants with a minimum seating capacity of two hundred (200) containing a minimum of four
thousand (4,000) square feet.
PART B. FINDINGS
The Board of County Commissioners of St. Lucie County, Florida, finds that the approval of this
amendment to the Land Development Code is internally consistent and in compliance with the
goals, objectives and policies contained in the St. Lucie County Comprehensive Plan and
provides for the recognition that impacts of this approval on the public facilities of St. Lucie
County will not occur until such time as a Final Development Order for development on this
property is issued.
Underline is for Addition
ROM 47AFOUgh is for Deletion
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Ordinance No. 16-001
File No.: TLDC 820154917
Page 4
The Board of County Commissioners of St. Lucie County, Florida, finds that the amendment
satisfies all applicable standards for granting a text amendment to the Land Development Code
and that the amendment is in the best interest of the health, safety and public welfare of the
citizens St. Lucie County.
PART C. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,
County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby
superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY.
If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative,
or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any
provision thereof shall be held to be inapplicable to any person, property, or circumstance, such
holding shall not affect its applicability to any other person, property, or circumstance.
PART E. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART F. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART G. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Kim Johnson, Chairman AYE
Chris Dzadovsky, Vice -Chairman
ABSENT
Tod Mowery, Commissioner
AYE
Frannie Hutchinson, Commissioner
AYE
Paula A. Lewis, Commissioner
AYE
Underline is for Addition
StFike T-hF8Wgh is for Deletion
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Ordinance No. 16-001
File No.: TLDC 820154917
Page 5
PART I. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws,
and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the
sections of this ordinance may be renumbered or relettered to accomplish such intention; provided,
however, that Parts B through H shall not be codified.
PASSED AND DULY ENACTED this 5th day of January, 2016
Attest:
Board0 0
f Co
St. Lucle,7 N C unty
,
By:
Ch
Approve As To Form
li
Correc s.
By: _ ,
County Attorno
Underline is for Addition
MOW 4FGWgh is for Deletion
ners
RICK SCOTT
Governor
August 4, 2016
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Melissa Upton
Dear Mr. Smith:
RRC COWED
AUG 0 5 1016
COUNTY ATTORNEY
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 16-001, which was filed in this office on August 4,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us