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HomeMy WebLinkAbout25-103 RESOLUTION NO. 2025-103 File No.: CU-2411-000079 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, GRANTING A CONDITIONAL USE PERMIT FOR THE SALE OF PACKAGED ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AT A CONVENIENCE STORE LOCATED AT 2233 N 25TH STREET, WITHIN THE CN (COMMERCIAL, NEIGHBORHOOD) 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. Haris Market, LLC, presented a petition for a Conditional Use Permit to allow the sale of packaged alcoholic beverages for off-site consumption within the CN (Commercial, Neighborhood) Zoning District for a project to be known as `Haris Market" located at 2233 N. 25TH Street, Fort Pierce, FL, 34946 as legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. On August 19, 2003, the Board of County Commissioners denied Resolution No. 03-089 to allow for the retail trade of undistilled alcoholic beverages (beer and wine) as an accessory to the retail sale of food in the CN Commercial Neighborhood Zoning District. 3. On September 9, 2024, a Zoning Compliance Certificate was issued to Haris Market, LLC, for operation under Standard Industrial Classification (SIC) Code 5411 — Grocery Stores. The use is classified as a Permitted Use within the Commercial Neighborhood (CN) Zoning District. 4. On April 17, 2025, 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 May 6, 2025, 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. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY Resolution No. 2025-103 rILE# 5483974 OSi22/2025 01:01:28 PM Page 1 DR BOOK 5316 PAGE 2220-2224 Doc T File No. CU-2411-000079 g RECORDING: $44.00 Type RESO RESOLUTION NO. 2025-103 File No.: CU-2411-000079 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, GRANTING A CONDITIONAL USE PERMIT FOR THE SALE OF PACKAGED ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AT A CONVENIENCE STORE LOCATED AT 2233 N 25' STREET, WITHIN THE CN (COMMERCIAL, NEIGHBORHOOD) 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. Haris Market, LLC, presented a petition for a Conditional Use Permit to allow the sale of packaged alcoholic beverages for off-site consumption within the ON (Commercial, Neighborhood) Zoning District for a project to be known as "Haris Market" located at 2233 N. 25T" Street, Fort Pierce, FL, 34946 as legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. On August 19. 2003, the Board of County Commissioners denied Resolution No. 03-089 to allow for the retail trade of undistilled alcoholic beverages (beer and wine) as an accessory to the retail sale of food in the CN Commercial Neighborhood Zoning District. 3. On September 9, 2024, a Zoning Compliance Certificate was issued to Haris Market, LLC. for operation under Standard Industrial Classification (SIC) Code 5411 - Grocery Stores. The use is classified as a Permitted Use within the Commercial Neighborhood (CN) Zoning District. 4. On April 17, 2025, 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 May 6, 2025, 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. Resolution No. 2025-103 Page 1 File No. CU-2411-000079 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. The proposed Conditional Use will be served 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 Haris Market LLC, that allows the sale of packaged alcoholic beverages for off-site consumption within the CN (Commercial, Neighborhood) Zoning District is hereby approved for the property described below, subject to the following condition as outlined below: 1. Within three (3) years, all off-street parking areas, including access drives and aisles, shall be paved and marked with painted lines. precast curbs. or a similar method to indicate parking spaces. B. The subject property is described as follows: Legal Description: THE SOUTH 126.01 FEET OF TRACT "B" SHERATON PLAZA, UNIT ONE. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 32 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING IN SECTION 32, TOWNSHIP 34 SOUTH, RANGE 40 EAST LESS AND EXCEPT RIGHT OF WAY FOR 25TH STREET DESCRIBED IN PARCEL NO. 188 W.P.I./SEGMENT NO. 2301321 (SECTION NO. 94005-2502), BEING MORE PARTICULARLY DESCRIBED BELOW: A PORTION OF TRACT "B", SHERATON PLAZA UNIT ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 32 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING IN SECTION 32. TOWNSHIP 34 SOUTH, RANGE 40 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 32, SAID CORNER BEING ON THE BASELINE OF SURVEY FOR STATE ROAD 615 (NORTH 25TH STREET); THENCE NORTH 00°01'06" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32 AND SAID BASELINE OF SURVEY, A DISTANCE OF 649.18 FEET; THENCE SOUTH 89°58'54" WEST ALONG A LINE AT A RIGHT ANGLE TO THE LAST DESCRIBED COURSE, A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY EXISTING RIGHT OF WAY LINE FOR SAID STATE ROAD 615 (NORTH 25TH STREET) AND THE EASTERLY BOUNDARY LINE OF SAID TRACT "B", SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 00°01'06"WEST ALONG SAID WESTERLY EXISTING RIGHT OF WAY LINE AND SAID Resolution No. 2025-103 Page 2 File No. CU-2411-000079 EASTERLY BOUNDARY LINE. A DISTANCE OF 381.00 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID TRACT "B"; THENCE NORTH 89°58'05" WEST ALONG SAID NORTHERLY BOUNDARY LINE. A DISTANCE OF 11.00 FEET; THENCE SOUTH 00°01'06" EAST ALONG A LINE WESTERLY OF AND PARALLEL WITH SAID WESTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE 370.99 FEET; THENCE SOUTH 45°00'38" WEST. A DISTANCE OF 41.04 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID TRACT "B" AND THE NORTHERLY EXISTING RIGHT OF WAY LINE FOR PLANA BOULEVARD; THENCE SOUTH 89°57'38"EAST ALONG SAID SOUTHERLY BOUNDARY LINE AND SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 21.01 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY, HAVING A CHORD BEARING OF NORTH, 45°00'38" EAST; THENCE EASTERLY AND NORTHERLY ALONG SAID CURVE. HAVING A RADIUS OF 19.00 FEET. THROUGH A CENTRAL ANGLE OF 90°03'28", AN ARC DISTANCE OF 29.88 FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. Parcel ID: 1432-801-0002-020-9 ADDRESS: 2233 N. 25' Street, Fort Pierce, FL 34946 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 conditions set forth in Paragraph "A" are an integral non-severable part of the approval granted by this Resolution. If any condition set forth in Part "A" is determined to be invalid or unenforceable for any reason and the applicant or property owner declines to comply voluntarily with that condition, the Conditional Use approval granted by this Resolution shall become null and void. E. Pursuant to Section 11.07.05(1) 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). 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. A copy of this Resolution shall be mailed to the owner and agent of record as identified on the application. Resolution No. 2025-103 Page 3 File No CU-2411-000079 H. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Jamie Fowler, Chair AYE Larry Leet, Vice-Chair AYE Erin Lowery, Commissioner AYE James Clasby, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED This 6th day of May 2025. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA �C GON1M/S"v0 BY 'to Chair p r� /0 70 cn ATTEST: ..a,, -?� ce APPROVED AS TO FORM oo couNtr•op�� AND CORRECTNESS: Deputy Clerk A 5S`. County Attorney Resolution No. 2025-103 Page 4 File No. CU-2411-000079 Exhibit "A" (Location Map) I I •' ' 1 L -J)--"-L 1 L ' t I--' Haris Market LLC— _ ---. .anat 0 Vri a - I • II '' ' ._ ,/lbw= ,, CU-2411-000079 ,1 •I WM II• I 1111-- - - L *1111111,Talli ' .I. 0/111111101.. • ON is li wri II _ aismousir 11.' TN Mr Ill 1 ' mil I II \ AU Jr = . -- ill - - 1 - - Y I i . ' '------- s—Juanita-Avie - .- - -- -7, ---,I ( Iiiiiii 1 1 Ap wpm.1 Erwrik. , [ [ I 111111Niff lily 111 NJ ps, ---- mail I n I 110"14111"F IRE Ell AL . MN '11' _II 111 II . ......._ - VI - irrNftri m III Ilr II in4.0 • 3,1Pr • •• . ThTT[Tka 1111 - ' .0 II1 11 • • 1".71711""r 1111111111111' al mom . m 1 I I I I N--- Li NIM (g4:Ii Z r N Avenue-T NM 1 i 1 I 1 _____ ci2 Pierce w ---- _--,- 1-1--I A , s EN 1 i 1 1 1 i 1 I l i 1 1 1 Resolution No. 2025-103 Page 5 File No. CU-2411-000079