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Home My WebLink About22-037 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5013796 03/23/2022 03:27:38 PM OR BOOK 4796 PAGE 857-861 Doc Type:RESO RECORDING: $44.00 RESOLUTION 2022-037 File No.: WV-12202126237 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A WAIVER PURSUANT TO LAND DEVELOPMENT CODE SECTION 7.10.11(D) DISTANCE REQUIREMENTS FOR ALCOHOLIC BEVERAGES TO ALLOW THE SALE AND ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND DISTILLED SPIRITS) AS AN ACCESSORY USE TO A BREWERY AND DISTILLERY LOCATED AT 3200-3250 ST. LUCIE BOULEVARD IN FORT PIERCE, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based upon acceptable evidence, including but not limited to the staff report, has made the following determinations: 1) STB Runways End, LLC presented a petition for an amendment to their existing waiver to allow for the sale and on-site consumption of distilled spirits, in addition to the approved waiver for sale and on-site consumption of beer and wine, within one thousand six hundred (1,600) feet of an existing religious facility in the IL (Industrial, Light) Zoning District for a property located at 3200-3250 St. Lucie Boulevard, depicted on the attached map as Exhibit "A" and described in Part "B" below. The Waiver request is associated with the Islamorada Brewery & Distillery. 2) Section 7.10.11(B) of the Land Development Code provides for the method of measurement to be followed in determining whether a religious facility, school, public park, or public playground is within the prescribed distance of the proposed use. Based on the measurement standards set forth in Land Development Code Section 7.10.11(B), the Northside Christian Fellowship Church, with an address of 3100 St. Lucie Boulevard, (1,216 feet door to door) has been determined to fall within the required distance separation. 3) On March 1, 2022, the Board of County Commissioners held a public hearing on the petition, after publishing notice in the St. Lucie News Tribune at least ten (10) days prior to the hearing and notifying by mail all owners of property within five hundred (500) feet of the subject property. 4) Pursuant to Section 7.10.11(D) of the St. Lucie County Land Development Code, the Board of County Commissioners may waive the minimum distance provision of Land Development Code Section 7.10.11(A), following a public hearing, if the Board determines that the standards of review set forth in Land Development Code Section 11.07.03 have been complied with. 5) The Waiver request is consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan and has satisfied the March 1, 2022 Resolution No. 2022-037 Page 1 File No.: WV-12202126237 RESOLUTION 2022-037 File No.: WV-12202126237 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A WAIVER PURSUANT TO LAND DEVELOPMENT CODE SECTION 7.10.11(D) DISTANCE REQUIREMENTS FOR ALCOHOLIC BEVERAGES TO ALLOW THE SALE AND ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND DISTILLED SPIRITS) AS AN ACCESSORY USE TO A BREWERY AND DISTILLERY LOCATED AT 3200-3250 ST. LUCIE BOULEVARD IN FORT PIERCE, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based upon acceptable evidence, including but not limited to the staff report, has made the following determinations: 1) STB Runways End, LLC presented a petition for an amendment to their existing waiver to allow for the sale and on-site consumption of distilled spirits, in addition to the approved waiver for sale and on-site consumption of beer and wine, within one thousand six hundred (1,600) feet of an existing religious facility in the IL (Industrial, Light) Zoning District for a property located at 3200-3250 St. Lucie Boulevard, depicted on the attached map as Exhibit "A" and described in Part "B" below. The Waiver request is associated with the Islamorada Brewery & Distillery. 2) Section 7.10.11(B) of the Land Development Code provides for the method of measurement to be followed in determining whether a religious facility, school, public park, or public playground is within the prescribed distance of the proposed use. Based on the measurement standards set forth in Land Development Code Section 7.10.11(B), the Northside Christian Fellowship Church, with an address of 3100 St. Lucie Boulevard, (1,216 feet door to door) has been determined to fall within the required distance separation. 3) On March 1, 2022, the Board of County Commissioners held a public hearing on the petition, after publishing notice in the St. Lucie News Tribune at least ten (10) days prior to the hearing and notifying by mail all owners of property within five hundred (500) feet of the subject property. 4) Pursuant to Section 7.10.11(D) of the St. Lucie County Land Development Code, the Board of County Commissioners may waive the minimum distance provision of Land Development Code Section 7.10.11(A), following a public hearing, if the Board determines that the standards of review set forth in Land Development Code Section 11.07.03 have been complied with. 5) The Waiver request is consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan and has satisfied the March 1, 2022 Resolution No. 2022-037 Page 1 File No.: WV-12202126237 requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 6) 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. 7) The 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 STB Runways End, LLC for the project known as Runway's End Commerce Center (AKA Islamorada Brewing Company), to allow for the sale and on-site consumption of distilled spirits, beer, and wine within one thousand six hundred (1,600) feet of an existing religious facility is hereby approved, subject to the following conditions: 1. Within ninety (90) days of the issuance of Vegetation Removal Permit or Exemption, all Category I listed invasive plant species shall be eradicated from the site. 2. The Waiver granted under this petition is for a tasting room, accessory to the primary use of the Islamorada Brewery manufacturing facility, with the area devoted to on-site consumption of alcohol not to exceed 5,300 square feet of total floor area. 3. The hours of operation to serve beer, wine, and distilled spirits will be limited between the hours of 12:00 p.m. & 10:00 p.m. Monday through Thursday, 12:00 p.m. & 11:00 p.m. on Friday's & Saturday's, and between 1:00 p.m. & 10:00 p.m. on Sundays. 4. The petitioner, their successors, or assigns shall be required to install and maintain lighting facilities in such a manner as to prevent direct glare or hazardous interference of any kind to adjoining streets and properties, in compliance with Land Development Code Section 7.09.04(K). 5. Live amplified music is permitted without a Temporary Special Event Permit issued by the St. Lucie County Planning and Development Services Department - Code Compliance Division. All events containing amplified music must end prior to 10:00 p.m. 6. The petitioner, their successors, or assigns shall comply with all applicable conditions of the St. Lucie County Code of Ordinance - Article V. Noise Control. March 1, 2022 Resolution No. 2022-037 Page 2 File No.: WV-12202126237 7. The Petitioner shall in a conspicuous area, make available 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: Legal Description: PARCEL 1: LOTS 1 THROUGH 9 INCLUSIVE AND LOTS 28 THROUGH 36 INCLUSIVE, BLOCK 64 AND THE EAST Y 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 Y2 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 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 Y OF VACATED CAYUGA AVENUE; AND THE SOUTH 30 FEET OF LOTS 1 AND 36, BLOCK 64; AND THE SOUTH 30 FEET OF THE EAST Y2 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.: 1428-702-1492-000-4 C. The approvals and authorizations granted by this Resolution shall expire on March 1, 2023, 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) of the St. Lucie County Land Development Code. D. The Waiver approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, STB Runways End, LLC, 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 "B." 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. March 1, 2022 Resolution No. 2022-037 Page 3 File No.: WV-12202126237 E. This Waiver is to authorize the on-site consumption of alcoholic beverages (Beer, Wine & Distilled Spirits) 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 (12) consecutive months. 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. H. ADOPTION After motion and second, the vote on this Resolution was as follows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice-Chair AYE Linda Bartz, Commissioner AYE Cathy Townsend, Commissioner AYE Chris Dzadovsky, Commissioner AYE PASSED AND DULY ADOPTED this 1st day of March, 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: P" CHAIR ATTEST: APPROVED AS TO FORM AND CORRECTN SS: `pJN�Y cQ�� Y: DEPUTY CLERK . COUNTY RNEY u Z 0 �� AL is OG�TY FL000P* March 1, 2022 Resolution No. 2022-037 Page 4 File No.: WV-12202126237 EXHIBIT "A" (LOCATION MAP) 0 �Q Z Z 7 � 4 m Subject Parcel St Lucie Blvd t � Juanita Ave a Legend -Subject Parcel c March 1, 2022 Resolution No. 2022-037 Page 5 File No.: WV-12202126237