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HomeMy WebLinkAbout23-045 RESOLUTION NO. 2023-045 File No.: CU-2301-000046 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FOR A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ACCESSORY TO A CARDROOM KNOWN AS PORT ST. LUCIE CARDROOM, WITHIN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT FOR A 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 the staff report, has made the following determinations: 1. Port St. Lucie Cardroom presented a petition for a Conditional Use Permit to allow the sale of alcoholic beverages for on-site consumption within the Port St. Lucie Cardroom, within the CG (Commercial, General) Zoning District for the property located at 6666 US Highway 1 Unit: 2, Port St. Lucie, FL as legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. On August 6, 1985, the Board of County Commissioners approved Resolution 85-159, granting a site plan approval for a 96,655-square-foot retail shopping center known as St. Lucie Square Shopping Center. 3. On November 26, 1985, the Board of County Commissioners approved Resolution 85- 244, granting a Conditional Use for a retail liquor store for St. Lucie Square Shopping Center, to be known as Walgreen's Retail Liquor Store. 4. On March 16, 2023, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within five hundred (500) feet of the subject property, and recommended that the Board of County Commissioners approve the request for a Conditional Use Permit. 5. On April 4, 2023,the Board of County Commissioners held a public hearing on the petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. 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. Resolution No. 2023-045 Page 1 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT File No. CU-2301-000046 9 SAINT LUCIE COUNTY FILE IS 518616505/06/20230159:40 PM OR BOOK 4986 PAGE 442-446 Doc Type:RESO RECORDING $44 o0 RESOLUTION NO. 2023-045 File No.: CU-2301-000046 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FOR A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ACCESSORY TO A CARDROOM KNOWN AS PORT ST. LUCIE CARDROOM, WITHIN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT FOR A 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 the staff report, has made the following determinations: Port St. Lucie Cardroom presented a petition for a Conditional Use Permit to allow the sale of alcoholic beverages for on -site consumption within the Port St. Lucie Cardroom, within the CG (Commercial, General) Zoning District for the property located at 6666 US Highway 1 Unit: 2, Port St. Lucie, FL as legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. On August 6, 1985, the Board of County Commissioners approved Resolution 85-159, granting a site plan approval for a 96,655-square-foot retail shopping center known as St. Lucie Square Shopping Center. 3. On November 26, 1985, the Board of County Commissioners approved Resolution 85- 244, granting a Conditional Use for a retail liquor store for St. Lucie Square Shopping Center, to be known as Walgreen's Retail Liquor Store. 4. On March 16, 2023, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within five hundred (500) feet of the subject property, and recommended that the Board of County Commissioners approve the request for a Conditional Use Permit. 5. On April 4, 2023, the Board of County Commissioners held a public hearing on the petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. 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. Resolution No. 2023-045 Page 1 File No. CU-2301-000046 7. The proposed Conditional Use 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 Conditional Use Permit for Port St. Lucie Cardroom, that allows the sale of alcoholic beverages for on -site consumption in the CG (Commercial, General) Zoning District is hereby approved. For the property described below, subject to the following conditions: 1. The hours of operation shall comply with the Code of Ordinances of St. Lucie County and Florida Statutes, Chapter 561 (Beverage Law: Administration). 2. A Minor Adjustment to the Conditional Use is required for a change in business name and/or ownership before a Zoning Compliance Certificate is issued. B. The subject property is described as follows: Legal Description: MODEL LAND CO'S S/D IN SEC 15 36 40 BLK 4 THAT PART OF LOTS 7 AND 8 IN SE 1/4 MPDAF: FROM NW COR OF SE 114 RUN S 89 56 27 E 78 FT TO E R/W OF US #1,TH S 00 00 27 E ALG E R/W 15 FT TO N LI OF LOT 7,TH CONT SELY ALG E RAN 212 FT TO POB,TH N 89 59 33 E 145.50 FT TO CURVE CONC NW,R OF 10 FT,TH NELY ALG ARC 15.71 FT,TH N 00 00 27 W 156.85 FT TO CURVE CONC SW,R OF 25 FT,TH NWLY ALG ARC 39.24 FT TO S RAN LI OF KITTERMAN RD,TH S 89 56 27 E ALG S R/W LI 423.07 FT TO W RAN LI OF CANAL,TH S 00 03 03 W 1284.25 FT TO S LI OF LOT 8 ,TH N 89 55 49 W ALG S LI 282.35 FT,TH N 00 00 27 W 141.56 FT,TH N 64 56 37 W 73.07 FT,TH S 89 59 33 W 168.81 FT TO CURVE CONC SE,R OF 35 FT,TH SWLY ALG ARC 36.99 FT TO E R/W OF US #1,TH N 00 17 27 E 65.61 FT,TH S 89 42 33 W 12 FT,TH N 00 17 27 W 841.69 FT TO POB-LESS FOL DESC PROP:FROM NW COR OF SE 1/4 RUN S 89 56 27 E 78 FT TO E R/W OF US #1,TH S 00 00 27 E ALG E R/W 257 FT,TH N 89 59 33 E 30 FT TO POB,TH CONT N 89 59 33 E 125 FT,TH S 00 00 27 E 180 FT,TH S 89 59 33 W 125 FT,TH N 00 00 27 W 180 FT TO POB AND LESS FOL DESC PROP: FROM NW COR OF SE 1/4 RUN S 89 56 27 E 78 FT TO E RAN OF US #1,TH S 00 00 27 E ALG E R/W 1319.15 FT TO S LI OF LOT 8,TH S 89 55 49 E ALG S LI 551.79 FT TO SE COR OF LOT 8,TH N 00 03 03 E ALG E LI OF LOT 8 178.67 FT,TH N 89 56 57 W 15.58 FT TO POB,TH N 01 11 43 E 225.40 FT,TH N 80 46 38 W 13.99 FT,TH S 22 14 45 W 114.10 FT,TH N 65 29 51 W 29.91 FT,TH S 25 31 01 W 69.17 FT,TH S 65 06 14 E 20.26 FT,TH S 24 27 54 W 66 FT,TH S 63 55 30 E 29 FT,TH N 84 11 27 E 92.70 FT TO POB (13.70 AC) (OR 2544-984, 989) PARCEL ID: 3415-501-0065-000-4 ADDRESS: 6666 US Highway 1 Unit: 2, Port St, Lucie, FL 34952 Resolution No. 2023-045 Page 2 File No. CU-2301-000046 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. Pursuant to Section 11.07.05(I) of the St. Lucie County Land Development Code, approvals and authorizations granted by this Resolution shall expire after twelve (12) months from the date of approval, unless a Certificate of Zoning Compliance is obtained for the uses described in Paragraph "A" above, or an extension has been granted in accordance with Section 11.07.05(F). 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. A copy of this Resolution shall be mailed to the owner and agent of record as identified on the application. G. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair AYE Linda Bartz, Vice -chair AYE Larry Leet, Commissioner AYE Jamie Fowler, Commissioner NAY Chris Dzadovsky, Commissioner AYE Resolution No. 2023-045 Page 3 File No. CU-2301-000046 PASSED AND DULY ADOPTED This 4th day of April, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY hair APPROVED AS TO FORM AND CORRECTNESS: co Deputy Clerk v so County A m r c�UA'rY, FLOR��F Resolution No. 2023-045 Page 4 File No. CU-2301-000046 Exhibit "A" (Location Map) ;: Rlia Re xwst NlticM1 Rn --Tk c"r E r J14 17, iM1 BRag � 9a v.n�.n St t �ParAMtlBNa In peR aal A0"nNk � �\ 'AkraMNa PmNall PI on181- E[M1n St W' Subject weAva 4 0�s NE S Di - us ra\\ � NW Ganger NF fi �°S�..JWW Wwaina. d- n.5:._ R PI a OHa x', NF leapnN 4 WI Y 3 wruntadtq 1i+" l s aEuq r - war L. NWAr•k Are A AMe�" Y / wi NEGN ok Aue / 1/As u M Go nmastArc // 1(V like VUY TrI' i . xwA,�HaaP/`and,re-otamw.we iR .:i `✓/ a 6 ..5 IS 3 �, S Bav s+S ;aa t le pAa3a,x./a ,', xec wGrT,�'//RIB%iS''a4 m .rak. Ra _ _ L 9 +�q sr� c N�0. �� t�� NE Fan 8 P /RNa V w, s' _ \ - ¢ I I SE na B Dr Dr\S~MeNterra ll I z _ #.xw Pl o Rg-� 2 Q ,T� I b cPa �oL 1pa ea awaN a $> Grce" Resolution No. 2023-045 Page 5 File No. CU-2301-000046