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Home My WebLink About18-157,iOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4480406 09/14/2018 10:39:43 AM OR BOOK 4180 PAGE 1237 - 1242 Doc Type: RESO RECORDING: $52.50 Resolution 18-157 File No.: CUMn - 520185315 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO AN EXISTING CONDITIONAL USE PERMIT FOR EXPANSION OF FLOOR AREA AND OPERATION HOURS OF AN EXISTING DRINKING PLACE (ALCOHOLIC BEVERAGES) - FREE STANDING, IN THE CG, (COMMERCIAL GENERAL) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED 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 findings in the staff report, has made the following determinations: Barry Higgins, Just A Smidge, LLC presented a petition for a Major Adjustment to an existing Conditional Use Permit for a Free-standing Drinking Place (Alcoholic Beverages) formerly known as "Tropical Martini" in the CG, (Commercial General) Zoning District for the property located at 8589 S. US Highway 1 as legally described in Paragraph "B" and depicted on the attached map as Exhibit „A„ 2. On February 16, 2010, the Board of County Commissioners adopted Resolution 10-005, to allow a free standing drinking place (alcoholic beverages) at the petition site, in the CG (Commercial, General) Zoning District, for a business known as "Tropical Martini". 3. The proposed Major Adjustment to the existing Conditional Use Permit for a Free-standing Drinking Place (Alcoholic Beverages) includes a change of business name to the "Office Sports Pub", a 1,600 sq. ft. expansion to the existing 4,000 sq. ft. sports bar (within the existing commercial plaza), and extension of operational hours from the current 9:00 a.m.-2:00a.m., Monday through Saturday and 1:00pm - 12:00 (midnight) on Sunday, to 9:00a.m.- 2:00a.m., daily. 4. St. Lucie County Planning and Development Services staff has performed the required land use analysis for this application. 5. On September 4, 2018, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 6. The Major Adjustment to an existing Conditional Use Permit, with the conditions therein, 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. Resolution No. 18-157 File No.: CUMn - 520185315 Page 1 7. The adjusted conditional use as proposed, with conditions therein, 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. 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 that allows for a Free-standing Drinking Place (Alcoholic Beverages) on the property described below is hereby approved subject to the following conditions: Plannina and Development Services Department — Planning Division 1. The petitioner, their successors or assigns shall comply with all the applicable conditions of the St. Lucie County Noise Ordinance No. 06-021. Compliance with this ordinance shall be enforced by the Code Enforcement Division. Upon complaint and proof of adverse effect on adjacent properties, the permit may be revoked pursuant to Section 11.07.05 (H) of the St. Lucie County Land Development Code and any new permits will require approval of the Board of County Commissioners. 2. Prior to issuance of a Zoning Compliance Permit, the petitioner, their successors or assigns shall be responsible for installing soundproofing insulation or soundproofing wall panels sufficient to control any noise pollution. 3. The petitioner shall limit the hours of operation to 9:OOa.m. - 2:OOa.m., daily, and operate in accordance with the Code of Ordinances of St. Lucie County and State of Florida Statutes, Chapter 561 (Beverage Law: Administration). 4. Prior to issuance of a Zoning Compliance Permit, two (2) handicap spaces shall be provided on the premises pursuant to LDC Section 7.06.02. A. 2. 5. Prior to issuance of a Zoning Compliance Permit, the petitioner shall incorporate an off-street loading space to accommodate deliveries and other loading activities for the commercial businesses in accordance with LDC Section 7.06.02. A. 3. a. Resolution No. 18-157 File No.: CUMn - 520185315 Page 2 6. Prior to issuance of a Zoning Compliance Permit, the applicant install a bicycle rack in accordance with LDC Section 7.05.04. C. 1. 7. Prior to issuance of a Zoning Compliance Permit, the petitioner shall demonstrate maintenance of a clear vision area for the south eastern means of egress from the parking lot to the entry way for La Buona Vita for traffic safety and control. 8. The petitioner shall not allow or engage in outside entertainment or other similar activities outside, in the area to the west of the commercial building. Environmental Resources Department 9. Prior to issuance of a certificate of occupancy (or completion) of the proposed expansion, the applicant install an eight (8) ft. opaque auditory and visual barrier where abutting residential land uses, landscaped with a 24" continuous native hedge on both sides, and one (1) native shade tree every 30 linear feet (offset from overhead utilities), alternated so that at least 60% of trees are located on the outside of fence/wall [LDC 7.09.04(E)]. 10. The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 11. All other applicable state or federal permits must be obtained before commencement of the development. B. The subject property is described as follows.- LEGAL ollows: LEGAL DESCRIPTION ST LUCIE GARDENS 26 36 40 BLK 3 PART OF LOTS 4,13 AND 14 LYG SAND W OF US 1 MPDAF: FROM SW COR LOT 4RUN N 89 DEG41 MIN25 SECW ALGS LI LOT514.06FT, TH S27 DEG 31 MIN 37 SEC E51.86FTTOPOB, TH N 63 DEG E 139.02 FT, TH S27DEG 31 MIN 37 SEC E 185FT, TH N 63 DEG E 160.99 FTTOWLY RIWUS 1, TH S27 DEG29 MIN 17SEC EALG SD R/W 98FT, TH S63DEG W 300.02 FT, TH N 27 DEG 29 MIN 17 SEC W 111.94 FT, TH N 27 DEG 31 MIN 37 SEC W 171.06 FT TO POB (1.27 AC) (OR 1038- 2724) Containing +/- 1.27 acres. PARCEL IDENTIFICATION NUMBER: 3414-501-1903-3008 Resolution No. 18-157 File No.: CUMn - 520185315 Page 3 ADDRESS: 8589 S. US Hwy 1, St. Lucie County, Florida C. 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 petitioners choose or decide to assign this business to another entity or individual, a minor adjustment to the Conditional Use Permit shall be required. D. The approvals and authorizations granted by this Resolution shall expire on September 4, 2019, unless a Building Permit or Certificate of Zoning Compliance for is obtained for the uses described in Paragraph "A" above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. E. 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. F. 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: Commissioner Frannie Hutchinson, Chair AYE Commissioner, Linda Bartz, Vice -Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Anthony Bonna AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 4t" day of September, 2018. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BYIF Y � airy Resolution No. 18-157 File No.: CUMn - 520185315 Page 4 ATTEST: DEPUTY Z X a co File No.: CUMn - 520185315 Page 5 APPROVED AS TO FORM AND CORRECTNESS: Resolution No. 18-157 0 CD >vima Exhibit A Location Map Subject Prop e rty ........ . . . ........... ....... . . Resolution No. 18-157 File No.: CUMn - 520185315 Page 6