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Home My WebLink About20-120 RESOLUTION 2020-120 File No.: CU-6201925547 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE SALE OF BEER AND WINE ACCESSORY TO THE RETAIL SALE OF FOOD WITHIN THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT FOR A PARCEL LOCATED AT THE NORTHWEST CORNER OF INDRIO ROAD AND KINGS HIGHWAY 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. 7-Eleven, Inc., presented a petition for a Conditional Use Permit to allow the sale of beer and wine only accessory to the retail sale of food within the CN (Commercial, Neighborhood) Zoning District, for the property located at the northwest corner of lndrio Road and Kings Highway, as described in Part "B" below and depicted in Exhibit 2. On February 20, 2020, the Planning and Zoning Commission held a public hearing on this 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. 3. On April 7, 2020, the St. Lucie Board of County Commissioners held a public hearing on this petition, and voted to continue the item until the June 2, 2020 Public Hearing. 4. On June 2, 2020, 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 owners of property within 500 feet of the subject property. 5. 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. 6. 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. 7. A Certificate of Capacity as required under Chapter V, St. Lucie County Land Development Code, a copy of which is attached to this Resolution, was granted by the Planning and Development Services Director on June 3, 2020. 8. Section 11.07.5(B) of the St. Lucie County Land Development Code requires all applications for Conditional Use Permit approval include a full site plan if the proposed use or development activity meets the submission requirements of Section 11.02.02 of the St. Lucie County Land Development Code. JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4719530 06/17/2020 12:18:45 PM OR BOOK 4433 PAGE 2553-2558 Doc Type:ORD Resolution No.: 2020 120 Page 1 RECORDING: $52.50 June 2, 2020 File No.: CU-6201925547 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, the Conditional Use for 7-Eleven @ lndrio Road & Kings Highway to allow the sale of beer and wine - accessory to retail food stores in the CN (Commercial, Neighborhood) Zoning District is hereby approved for the property described in Part "B", subject to the following conditions: 1. No sale of alcohol shall be permitted between the hours of 2:00 a.m. and 7:00 a.m., pursuant to St. Lucie County Code of Ordinances Section 4-1. 2. Prior to issuance of a vegetation removal permit or exemption, the applicant shall provide the required $152,600.00 fee in lieu for tree mitigation requirements as detailed on the approved landscape and tree mitigation plans. These funds shall be utilized exclusively for improvements to or acquisition of publicly owned public lands within the Indrio Road/Kings Highway corridor in accordance with Land Development Code 6.00.05.D. 3. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site, pursuant to Land Development Code Section 7.09.05. 4. The roadway impact fees collected from the development shall be allocated and expended on various improvements including but not limited to roadways, sidewalks, landscaping, etc., in the area of the development for the benefit of the area. B. The property on which this Conditional Use Permit is being granted is described as follows: 14 34 39 E 1/2 OF SE 1/4 OF SE 1/4 OF NE 1/4-USS S 50 FT AND LESS E 80 FT AND LESS N 225 FT AND LESS ADDL RD R/W MPDAF: FROM E 1/4 COR OF SEC, TH N 89 52 34 W 79.82 FT, TH N 00 07 26 E 50 FT TO POB; TH N 89 52 34 W 257.65 FT, TH N 00 1 8 27 E 60 FT, TH S 89 52 34 E 232.50 FT, TH N 45 25 52 E 35.55 FT TO WLY R/W LI OF CANAL NO. 4, TH S 00 19 56 W ALG RAN LI 85 FT TO POB- (1.95 AC - 84,942 SF) (OR 3036-2167) Parcel ID Number: 1314-144-0000-000/0 Property Address: TBD — lndrio Road, Fort Pierce, FL 34951 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 applicant choose or decide to assign this business to another entity or individual, an adjustment to this Conditional Use Permit shall be required. Page 2 Resolution No.: 2020-120 June 2, 2020 File No.: CU-6201925547 D. Pursuant to Section 11.07.05(I) of the St. Lucie County Land Development Code, a Conditional Use Permit shall be valid for the purposes of securing a Building Permit or Certificate of Zoning Compliance for twelve (12) months from the date of this approval, unless a Building Permit or Certificate of Zoning Compliance is secured within twelve (12) months, and construction subsequently undertaken pursuant to such Building Permit, the Conditional Use Permit shall automatically expire unless the permit is extended upon application to the Board of County Commissioners. E. Pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, time limitations imposed on a Conditional Use Permit by Section 11.07.05(1) may be extended by the Board of County Commissioners not more than one (1) time, and for not more than twenty-four (24) months, upon application by the applicant and after a public hearing held in accordance with Section 11.00.04. 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. The developer is advised as part of this Conditional Use Permit approval for 7-Eleven, Inc., including any successors in interest, the developer shall obtain all applicable development permits and construction authorizations from the appropriate state and federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part "B". Issuance of this permit by the County does not in any way create any rights on the part of the developer 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 permit if the developer 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. Page 3 Resolution No.: 2020-120 June 2, 2020 File No.: CU-6201925547 H. 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 Cathy Townsend, Chair AYE Commissioner Chris Dzadovsky, Vice Chair AYE Commissioner Linda Bartz AYE Commissioner Sean Mitchell AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 2nd day of June , 2020. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA \LLAY-V-421A-1)C1 BY CH IR ATTEST: APPROVED AS TO FORM AND C RECTNESS: DF PU(((TY LE" COUN ATTOR Y JNTY CO. CGS i act: vft— O oe N11 it t0I Page 4 Resolution No.: 2020-120 June 2, 2020 File No.: CU-6201925547 EXHIBIT "A" (Site Location Map) i L - d\ —� 1 /17 tiae a c� F , { `fie cc C Q 'Subject i `— Pc. arcel ;/ I _ f E Indrio Rd -o cc 0: > o C 3 .E = o co CO T C CS r Y N W \E S Page 5 Resolution No.: 2020-120 June 2, 2020 File No.: CU-6201925547 EXHIBIT "B" (Certificate of Capacity) St Lucie County Certificate of Capacity Date 6/3/2020 Certificate No. 3089 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-Beer& Wine(Undistilled Alcohol) Number of units 0 Number of square feet 3,454 2. Property legal description & Tax ID no. 1314-144-0000-000-0 7-Eleven®Indrio Rd and Kings Hwy 3.Approval: Building Resolution No. 2020-120 Letter 4. Subject to the following conditions for concurrency: Owner's name Indrio Retail Properties LLC Address 2129 Via Fuentes Vero Beach FL 32963 6. Certificate Expiration Date 6/2/2022 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 underly'ng developm n orderissued with this certificate,or for subsequent develo ent rder(s is ued fo the same property, use and size as described herein. Signed Date: 6/3/2020 Planning and evelopment Services Director St Lucie County, Florida Wednesday,June 3,2020 Page 6 Resolution No 2020-120 June 2, 2020 File No CU-6201925547