HomeMy WebLinkAbout02-035JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT - SAINT LUC!E COUNTY
File Number: ~006~67 OR BOOK 1521 PAGE 1190
Recorded:05/O1/02 OB:50
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RESOLUTION 02-035
FILE NO.: BCC 02-003
A RESOLUTION GRANTING A WAIVER FROM
THE REQUIREMENTS OF SECTION 7.10.11(A)
OF THE ST. LUClE COUNTY LAND
DEVELOPMENT CODE PERMITTING THE SALE
OF ALCOHOLIC BEVERAGES WITHIN 1,600
FEET OF A RELIGIOUS FACILITY, SCHOOL,
PUBLIC PARK, OR PUBLIC PLAYGROUND.
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:
William P. Clarizio (d/b/a Smoky's Big Bib BBQ Restaurant) has petitioned for a waiver
from the requirements of Section 7.10.11(A) of the St. Lucie County Land Development
Code authorizing the on-premises consumption of alcoholic beverages in an
establishment located within 1,600 feet of a religious facility, school, public park, or
public playground for property is located at the northeast corner of the intersection of US
Highway One and Midway Road, and as more particularly described in Section B below.
Section 7.10.1 I(B) of the County's Land Development Code provides for the method of
measurement to be followed in determining whether or not a religious facility, school,
public park, or public playground is within the prescribed 1,600 foot radius of the
proposed use. Based on the measurement standards set forth in Part B, the Port St.
Lucie Church of Christ, 384 E. Midway Road (1,200 feet east of the subject property)
has been determined to fall within the 1,600 foot radius.
Section 7.10.11(C) of the St. Lucie County Land Development Code provides that the
Board of County Commissioners may waive the minimum distance provisions of Section
7.10.11 (A) of the St. Lucie County Land Development Code, following a public hearing, if
the Board determines that the standards of review for the granting of this requested
waiver have been complied with.
On April 16, 2002, this Board held a public hearing on the proposed distance waiver
authorizing the selling or transfer of alcoholic beverages for on-premises consumption as
am accessory use/activity to an eating place that is within 1,600 feet of a religious
facility, school, public park or public playground after publishing notice in the Port St.
Lucie News and the Tribune at least 10 days prior to the hearing and notifying all
property owners of record within 500 feet of the subject property.
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The proposed waiver is consistent with the general purpose, goals, objectives and
standards of the St. Lucie County Land Development Code, the St. Lucie County
Comprehensive Plan and the Code of Ordinances of St. Lucie County.
File No.: BCC-02-003
April 16, 2002
Resolution 02-035
Page 1
OR BOOK 1521 PAGE 1191
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The St. Lucie County Development Review Committee has recommended that the
waiver to the distance for the selling of alcoholic beverages be granted, based upon the
following standards of review as described in Section 7.10.11(C) of the Land
Development Code:
a. The dispensing of alcohol beverages is accessory to the restaurant use.
b. The requested distance waiver would not result in an adverse affect on
community health, safety or general welfare.
The selling of alcoholic beverages within the establishment, Smoky's Big Bib
BBQ Restaurant, is not likely to create a public nuisance or traffic impediment by
drawing crowds or persons milling about outside the building.
The facility, Smoky's Big Bib BBQ, is physically separated and sufficiently
buffered from all adjacent residentially zoned areas, schools, churches, public
parks or public playgrounds.
The facility, Smoky's Big Bib BBQ, will not generate traffic which may adversely
affect the safety of persons attending or using any church, school, public park or
public playground within 1,600 feet.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
Pursuant to Section 7.10.11(C) of the St. Lucie County Land Development Code, the
requested waiver to the minimum distance requirements for the on-premise consumption
of alcoholic beverages as an accessory use to an eating establishment and an existing
religious facility, school, public park or public playground is hereby granted for the
restaurant known as Smoky's Big Bib BBQ Restaurant located at 4999 S. Federal
Highway (northeast corner of the intersection of U. S. Highway One and Midway Road),
subject to the following conditions:
The Smoky's Big Bib BBQ Restaurant must maintain a minimum of 35 seats.
The waiver request granted under this petition is limited to the current petitioner,
William P. Clarizio, and is not transferable or assignable without the expressed
approval of the Board of County Commissioners following a duly noticed public
hearing on the proposed transfer or assignment.
The Smoky's Big Bib BBQ Restaurant shall only operate between the hours of
10 a.m. and 11 p.m., Monday through Saturday.
County staff shall inspect the premises within six months from the date of the
approval to determine whether the establishment is being operated in a manner
consistent with this approval.
B. The property on which this waiver is being granted is described as follows:
File No.: BCC-02-003 Resolution 02-035
April 16, 2002 Page 2
OR BOOK 1521 PAGE 11.~
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Section 03, Township 36 South, Range 40 East, St. Lucie County, Florida, that part
of the SE 1/4 of the SE 1/4 of the NW 1/4; from the SE corner of the NW 1/4 run
North 0002'03'' West 69.62 feet, thence North 89023'02'' West 70 feet to the Point of
Beginning, thence continue North 89023'02'' West 228.04 feet, thence North
0036'38'' East 180 feet, thence South 89023'02'' East 226 feet, thence South
0002'03'' East 180.01 feet to the Point of Beginning (.94 acres) (map number 34-
03N) (OR 1236-2208)
(Parcel ID Number 3403-244-0000-010/9)
(Containing 0.94 acres, more or less)
Location: (Northwest corner of the intersection of South US #1 and Midway Road)
The approvals and authorizations granted by this Resolution are for the purpose of
obtaining an alcoholic beverage license from the State of Florida and a Zoning
Compliance from St. Lucie County, and are not assigned to any other party or institution,
Should the petitioner, William P. Clarizio, choose or decide to assign this business to
another entity or individual, a new waiver authorization shall be required.
The approvals granted under this resolution are specifically conditioned to the
requirement that the petitioner, William P. Clarizio, including any successors in interest,
shall obtain all necessary permits for the sale of alcoholic beverages, including but not
limited to: the State of Florida, Department of Business and Professional Regulations,
Division of Alcoholic Beverages and Tobacco, prior to the issuance of any local building
permits or Zoning Compliance authorizing the sale of alcoholic beverages for on-premise
consumption on the property described in Part B.
The authorizations granted through this waiver shall expire on April 16, 2003 unless a
zoning compliance is issued or an extension of this waiver is granted. The issuance of a
zoning compliance authorizing the on-premises consumption of alcoholic beverages as
an accessory use to the operation of a restaurant (eating place) shall serve to permit,
and maintain the right to continue with, the operation of a restaurant with the on-
premises consumption of alcoholic beverages as an accessory use beyond the indicated
expiration date, subject to the petitioner maintaining all applicable licenses and zoning
authorizations, and further subject to the limiting conditions outlined in Part A above. If
the petitioner shall fail to meet the conditions of the waiver including the limiting
conditions above, the Board of County Commissioners may revoke the waiver and
prohibit any sale of alcoholic beverages on premises.
A copy of this resolution shall be placed on file with the St. Lucie County Community
Development Director. Further, the Community Development 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.
After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward
AYE
File No.: BCC-02-003 Resolution 02-035
April 16, 2002 Page 3
OR BOOK 1§21 PAGE 1195
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Vice-Chairman Cliff Barnes
Commissioner Paula Lewis
Commissioner John Bruhn
Commissioner Frannie Hutchinson
PASSED AND DULY ADOPTED this 16th day of April 2002.
An'EST:
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AYE
AYE
AYE
AYE
CS:
H\wpXp rolects\Clarizio\resoution
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BOARD OF COUN'FY COMMISSIONERS
ST. LUCIE COUNTY/FLORIDA
File No.: BCC-02-003 Resolution 02-035
April 16, 2002 Page 4