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Home My WebLink AboutPDS-22-038 - Island Wine and Liquor FKA Island Wine and Liquor of Jensen Beach MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5095820 09/12/2022 01:34:58 PM OR BOOK 4887 PAGE 508-512 Doc Type:ORD RECORDING: $44.00 PDS ORDER 2022-038 File No. CU-2205-000037 AN ORDER GRANTING APPROVAL FOR A MINOR ADJUSTMENT TO A CONDITIONAL USE PERMIT TO BE KNOWN AS ISLAND WINE AND LIQUOR (FKA ISLAND WINE AND LIQUOR OF JENSEN BEACH) FOR A PROPERTY LOCATED AT 11027 OCEAN DRIVE, IN JENSEN BEACH, FLORIDA WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for a Minor Adjustment to the Conditional Use Permit for a change in ownership and business name submitted by Island Wine and Liquor Inc., and the comments made by the St. Lucie County Development Review Committee on this application and has made the following determinations: 1. Island Wine and Liquor Inc. filed an application for a Minor Adjustment to the Conditional Use Permit for an ownership change to Island Wine and Liquor Inc. (FKA Island Wine and Liquor LLC) and business name to be known as Island Wine and Liquor (FKA Island Wine and Liquor of Jensen Beach). The site is located at 11027 Ocean Dr. Jensen Beach, FL, within the CIS (Commercial, General) Zoning District, as legally described in Paragraph B and depicted on the attached map as Exhibit "A". 2. On August 21, 2007, the Board of County Commissioners approved Resolution 07-035, granting a Conditional Use Permit for a liquor store. The liquor store was completed in 2007 and has remained active. 3. The St. Lucie County Development Review Committee has reviewed the proposed Minor Adjustment to the Conditional Use Permit and found it to meet the technical requirements of the St. Lucie County Land Development Code, and consistent with the St. Lucie County Comprehensive Plan, and has satisfied the standards of review set forth in Sections 11.07.03 and 11.07.05 E.2.a. 4. Planning Staff has performed detailed analysis of the project and determined it to be consistent with Sections 11.07.03 Standards for Review of Conditional Use Permits and 11.07.05 E.2. (Minor Adjustment Criteria) of the St. Lucie County Land Development Code. The analysis is found in the Staff Report for the Island Wine and Liquor Inc. - Minor Adjustment to a Conditional Use Permit(CU-2205-000037) dated August 22, 2022. 5. The project 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. 6. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. Page 1 PDS No. 2022-038 File No.: CU-2205-000037 7. The project will remain arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 8. A Certificate of Capacity Exemption has been issued for this development, a copy of which is attached to this order in Exhibit "B", as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Sections 11.07.03 and 11.07.05 E.2.a. of the St. Lucie County Land Development Code, the proposed Minor Adjustment to acknowledge the change in ownership to Island Wine and Liquor Inc. (FKA Island Wine and Liquor LLC) and business name to Island Wine and Liquor (FKA Island Wine and Liquor of Jensen Beach), is hereby approved by the St. Lucie County Planning & Development Services Director, date stamped received by the Planning Division on May 13, 2022, for the property described in Part B, subject to the following conditions: The hours of operations shall comply with the Code of Ordinances of St. Lucie County and State of Florida Statutes, Chapter 561 (Beverage Law: Administration). 2. The retail liquor store shall be limited to 1,600 square feet of retail space to be located within Hutchinson Island Shoppes (Condition of Approval in Res. No. 07-035). B. The property on which this Minor Adjustment to Conditional Use Permit, as depicted in Exhibit "A" is being granted is described as follows: LEGAL DESCRIPTION: COMMENCE AT THE SOUTHEAST CORNER OF WINDMILL VILLAGE UNIT TWO AS RECORDED IN PLAT BOOK 16, PAGE 31, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA: THENCE RUN NORTH 89 DEGREES 56'52" EAST A DISTANCE OF 28.47 FEET, THENCE RUN SOUTH 23 DEGREES 49'31" EAST A DISTANCE OF 163.17 FEET; THENCE RUN NORTH 89 DEGREES 56'52" EAST A DISTANCE OF 54.63 FEET TO THE POINT OF BEGINNING OF PARCEL HEREIN DESCRIBED; THENCE CONTINUE TO RUN NORTH 89 DEGREES 56"22" EAST A DISTANCE OF 273.16 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF STATE ROAD A1A, AS NOW LAID OUT AND UN USE: THENCE RUN SOUTH 23 DEGREES 49'31" EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 289.83 FEET TO THE NORTH LINE OF A PARCEL DESCRIBED IN O.R. BOOK 270, PAGE 2806; THENCE RUN SOUTH 89 DEGREES 56'22" WEST ALONG SAID NORTH LINE A DISTANCE OF 273.16 FEET, - THENCE RUN NORTH 23 DEGREES 49'31" WEST A DISTANCE OF 289.88 FEET TO THE POINT OF BEGINNING. ADDRESS: 11027 Ocean Dr. Jensen Beach, FL 34957 PARCEL ID No.: 4512-333-0001-000-4 C. The approvals granted by this administrative order shall expire twelve (12) months from the effective date unless a Zoning Compliance is obtained, or an extension is granted in accordance with the provisions of Section 11.07.05(F) of the St. Lucie County Land Development Code. Page 2 PDS No. 2022-038 File No.: CU-2205-000037 D. The developer, including any successors in interest, is advised as part of this Minor Adjustment to a Conditional Use approval for a business name and ownership change, all applicable development permits and construction authorizations shall be obtained 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, Public Works, 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. E. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal the approval described in Part "A" above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.04(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. F. A copy of this Order shall be placed on file with the St. Lucie County Planning and Development Services Department and mailed to the developer and agent of record as identified on the site plan application. H. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 3&` day of ' , 2022. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNT LORLQA Mayte Santamaiia, Plalwpi,�g Di APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 PDS No. 2022-038 File No.: CU-2205-000037 EXHIBIT "A" (Location Map) nd 17 Page 4 PDS No. 2022-038 File No.: CU-2205-000037 EXHIBIT "B" (Certificate of Capacity Exemption) St Lucie County Certificate of Capacity Exemption Date 813012022 Certificate No. 711 r 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 Minor Adjustrncnt to a Conditional Use Number of units Number of square feet 2. Property legal description & Tax ID no. 4512-333-0001-000-4 11027 Ocean Dr. Jensen Beach. FL 34g57 Island Wine and Liquor Inc. 3. Approval: Building 4. As part of the development: 5. On property owned by l lutchinson Island Shoppes LI.C, 470 NE 185th ST Miami F1, 33179 Resolution No. 2022-039 Letter is hereby granted a CWHICate Of C.7lpaclty Exemption according to the following Chapter(s) of the St. Lucie County Land Development Code: 6.03.02(A) 5,03-02(f3}1 El5-03.02(B)2 ❑ 5.03.02(8)3 ❑ 5.03.02(B)4 1 6.03.021BjS ® 6.03.02(13)6 ❑ 6.03.04(A) I— 5,03.04(A)2 ❑ 5.03.04(A)3 6.03,o4(B)1 U 6.03.04(B)2 -J 6,03.04(B)3 6.03.04(S►4 S. Certificate Expiration Date 8f30J2023 This Certificate of Capacity Is transferable only to subsequent owners of the some 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 underlying development orderissue5LWith this certificate, or for subsequent development ordeo ytssue fort same property, use and size as described herein. Si�ncd Lit 4ti..-�^'ntc: SffU12U21 Planning Ad Develop ent Services Director St Lucie County, Florida Page 5 PDS No. 2022-038 File No.: CU-2205-000037