The URL can be used to link to this page

Home My WebLink About25-190 RESOLUTION 2025-190 File Numbers: CU-2503-000083 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FOR A CONDITIONAL USE PERMIT AND A WAIVER OF DISTANCE FROM A PARK TO ALLOW SERVICE OF DISTILLED SPIRITS (LIQUOR) ACCESSORY TO A RESTAURANT KNOWN AS BROCK'S PIZZERIA, LOCATED AT 10545 SOUTH OCEAN DRIVE,JENSEN BEACH, IN UNINCORPORATED ST. LUCIE COUNTY, 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) Nicholas Gieseler, on behalf of FI Ventures RE, LLC, submitted a petition for a Conditional Use Permit and an associated Waiver from the Distance Requirements for Alcohol Sales, to allow for the service of distilled spirits for on-premises consumption in association with an existing restaurant for the property located within the Commercial, Neighborhood (CN) zoning district and further depicted in the attached map as Exhibit"A" and legally described in Paragraph"B"below. 2) On July 17, 2025, the Planning and Zoning Commission convened a public hearing on the proposed Conditional Use 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 time all interested persons were given an opportunity to be heard. The Commission passed a motion with to continue the hearing until their August 21, 2025 meeting. 3) On August 21, 2025,the Planning and Zoning Commission held a public hearing on the proposed Conditional Use petition, at which time all interested people were given an opportunity to be heard. After the hearing, the Commission passed a motion with a 3-2 vote to recommend approval with Staff conditions to the Board of County Commissioners. 4) On October 7, 2025, the Board of County Commissioners held a public hearing on this 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 time all interested persons were given an opportunity to be heard. 5) The St. Lucie County Development Review Committee has reviewed the Conditional Use Petition and associated Waiver of Distance Reauirements and found them to meet SAINT LUCIE COUNTY MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT e RESO FILE# 5554292 1112112025 0332:p4 PM Resolution No.2025-190 OR BOOK 5398 PAGE 713-719 Doc Type RECORDING: $61 00 File No.: CU-2503-000083 Page 1 the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan. 6) The Conditional Use Permit and Waiver, with the conditions therein, are consistent with the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan and satisfies the Standards of Review of Section 11.07.03 of the St. Lucie County Land Development Code. 7) The use will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. 8) The use will be arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with the applicable district regulations. 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 Permit and Waiver of Distance Requirements for Fl Ventures RE, LLC, to serve distilled spirits as depicted in the attached Conditional Use Plan, Exhibit B, prepared by Culpepper and Terpening dated August 10, 2025, in the CN (Commercial Neighborhood) Zoning District is hereby approved subject to the following conditions which must be fulfilled by October 7, 2026: 1. Prior to the commencement of distilled spirits service, the petition site shall comply with improvements shown in the Conditional Use site plan, as modified by other conditions herein: a. Relocate outdoor dining area/tables on the north side of the restaurant outside of the 10-foot side setback or repurpose as a waiting area or other use. Additional alternatives include combining the two parcels (4511-500-0004-000-4 with 4511-500-0002-000-0 to the north) or relocating the space to one of the parking spaces in front, since more parking is provided than needed. 2. Within 12 months of approval, the applicant and/or successor in interest shall complete: a. Installation of a landscape island and fencing/vegetation to screen south side of parking area from Las Olas Dr. b. Installation of two terminal landscape islands and associated plantings within the front parking area (facing Al A) —after presenting such detail on a site plan or landscape plan in accordance with LDC 7.09.04. Each row of parking stalls shall be required to end with a landscaped island in accordance with the LDC, which shall measure no less than 10 feet in width, or less than 15 feet in length. At least one shade tree of an Resolution No.2025-190 File No.: CU-2503-000083 Page 2 appropriate species shall be provided for each terminal island. Per LDC 7.09.03.E, tree species shall be native and shall measure a minimum of 12 feet in height and 2 %2 diameter at breast height(DBH). Palms may be clustered into groups of three to equate to one canopy tree. 2. Prior to alcohol license sign-off, the Applicant shall provide a cross-access and shared access agreement with property to the south, acceptable to the County Attorney's office. Should the cross-access/shared access be terminated, and code compliance parking (quantity and design) is not achieved by alternative means,the Conditional Use Permit shall also terminate. 3. Hours of operation for the restaurant shall be between 11 AM and 10 PM and between 3:00 PM and 10:00 PM for service of distilled spirits. 4. Seating shall be limited to 120. 5. Parking in the grass shall be prohibited, including on the vacant lot to the north of the restaurant, and if found necessary by Staff, the Applicant will identify any unpaved or unauthorized parking area(s) to be marked as a no parking area by a sign, bollards, ropes, and/or similar elements. 6. Require that deliveries to and from the restaurant be made from front or south side of restaurant and not from Las Olas Dr. and that deliveries to the restaurant occur before the restaurant opens at 3:00 PM (unless the restaurant's hours are modified through a Conditional Use Adjustment). 7. Outdoor amplified sound shall be prohibited. 8. Exterior lighting shall be shielded/downcast to reduce light trespass. 9) Legal Description: BEACH CLUB COLONY-SECTION ONE LOT 2 Parcel ID Number: 4511-500-0004-000-4 C. The Conditional Use Permit and Waiver of Distance Requirements granted by this Resolution shall become null and void unless a Building Permit or Certificate of Zoning Compliance is obtained within 12 months, or an extension is granted in accordance with Section 11.07.05(F) of the St. Lucie County Land Development Code. D. The conditions set forth in Part "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. The Certificate of Capacity Exemption for this Permit, signed by the Planning & Development Services Director on July 3, 2025, is attached as Exhibit C. The Certificate of Capacity Exemption shall remain valid for the term of this resolution unless revoked by the Board of County Commissioners. Resolution No.2025-190 File No.: CU-2503-000083 Page 3 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 of record as identified on the application. A copy shall be attached to the Conditional Use Permit Site Plan drawings as described in Paragraph A and placed on file with the Planning and Development Services Department. H. This Resolution shall be recorded in the Public Records. I. ADOPTION After motion and second, the vote on this Resolution was as follows: Jamie Fowler, Chair AYE Larry Leet, Vice-Chair AYE James Clasby, Commissioner AYE Erin Lowry, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED THIS 7t'DAY OF October, 2025. BOARD OF COUNTY COMMISSIONERS 2�. GOMmi ST\UCIE COUN Y, FLORIDA • CJ Zctt B ' ►�.��k ! , _1 A U Aft j 9 4 73 CHAIR • ATTEST: cr • PPROV D AS TO FORM AND GoouNr+.f��!` C• CTNESS: BY: DEPUTY C ERK INTERIM COUNTY ATTORNEY Resolution No.2025-190 File No.: CU-2503-000083 Page 4 EXHIBIT A (LOCATION MAP) LBrock's Pizzeria (10545 Ocean Dr.) TLDC-2503-000039 ri CU-2503-000083 Subject „\ \ \ \ Propertya,u ■ur mow, ZAMantic �.1%., ,�� > Ocean . • uuunuulim- Indian River %°y% 9��- Lagoon .; egi=/\ g e 71:11:11:h" 17-1,Cir 7,Preolt 162IVEA Ili / �anunnimmJJII Jl JNnupunu�� /`I irIiM ,.r 1HHll1H1111uII1111111111111111111I1I1HlIJjI } s Resolution No.2025-190 File No.: CU-2503-000083 Page 5 Vacant �\ la\ \14 , Commercial \ New , �� ,a* i. Landscape .. Planters A' V- n t 24 C \ a Existing _— 12x30 Loading 2 ,\ \ existing �j Parking / (limited Hours use) 5 a INA 2,860 sf gross 9 Existing Sign& t"IN 2,145 sf net/ zt Landscape COI ll 20 c'o�% , i ` Existing Sidewalk �1 It req'd parking. lotoi, �1O,��d 2.145'9.9= 21 spaces(min) \ y Employee\11 ,, b Parking— `` Pe xistint. till �I Licensgmnt. 1 \\ \111111)4:11411111110.11111111111%1111rit°11°'4111111 shared parking 1 I Maintain and access • Access easement 't1 [ Limitations / s \O iu X 4 / I0 o I New existing Landscape retail �\ Planters I Nz s CA O ""' CULPEPPER& -RE°!s!°RS- w O t _ G TERPENING INC RROCKS PIZZA , Po O VI s ___..__ '. -.-_ _--- CONCEPTUAL SITE LAYOUT ..,f or Jl OT W O 1 EXHIBIT C (CERTIFICATE OF CAPACITY EXEMPTION) St Lucie County Certificate of Capacity Exemption Date 7'32025 Certificate No. 7155 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 N/A Number of units N/A Number of square feet 2,145 2. Property legal description& Tax ID no. 4511-500-0004-000-4 10545 South Ocean Drive Brock's Pizzeria Distilled Spirits Service CU N/A 3.Approval: Building Resolution No. 2025-XX Letter N'A 4.As part of the development: 5.On property owned by FL Ventures RE,LLC 819 SW Federal Highway Stuart FL 34994 is hereby granted a Certificate of Capacity Exemption according to the following Chapter(s)of the St.Lucie County Land Development Code: U 5.03.02(A) L 5.03.02(B)1 L. 5.03.02(B)2 5.03.02(B)3 LI 5.03.02(B)4 L 5.03.02(B)5 5.03.02(B)6 — 5.03.04(A) 5.03.04(A)2 C 5.03.04(A)3 i 5.03.04(B)1 L 5.03.04(B)2 I 5.03.04(8)3 5.03.04(B)4 6. Certificate Expiration Date 8/18/2027 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 underlying development orderissued with this certificate,or for subsequent development order(s)issued for the same property, use and size as described herein. Signed Date: 7/3/2025 Planning and Development Services Director St Lucie County,Florida Resolution No. 2025-190 File No.: CU-2503-000083 Page 7