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HomeMy WebLinkAbout02-045 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION 02-045 FILE NO.: CU-02-003 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A RETAIL LIQUOR (DISTILLED AND UN-DISTILLED) STORE IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUClE 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: AIf's Spirits and Wine, Inc.1 presented a petition for a conditional use permit to allow the operation of a retail liquor (distilled and un-distilled) store in the CG (Commercial, General) Zoning District for the property described below. On April 18, 2002, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve a conditional use permit to allow the operation of a retail liquor (distilled and un-distilled) store in the CG (Commercial, General) Zoning District for the property described in Part A below. On May 21,2002, this Board held a public hearing on the petition, after publishing notice at .least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. The proposed 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. The proposed project will be serviced by adequate public facilities and services. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on May 21, 2002. File No.: CU-02-003 ';'7,.~ 2D' ~-)' g-~/~' Resolution 02-045 May 21,2002 Page 1 '~ z [-Dc- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for AIf's Spirits and Wine, Inc. to allow the operation of a retail liquor (distilled and un-distilled) store in the CG (Commercial, General) Zoning District is granted for the property described below, subject to the following condition: Only the retail sale of liquor (distilled and un-distilled) shall be permitted. The property on which this Conditional Use is being granted is described as follows: PARCEL 1: ALL OF THAT AREA DESCRIBED AND SHOWN AS PARCEL NO. 2 ON THE PLAT OF WINDMILL VILLAGE BY THE SEA. A REPLAT OF UNITS 1 AND I-A, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 16, PAGE 6, PUBLIC RECORDS OF ST. LUClE COUNTY, FLORIDA. PARCEL 2: 'FOR A POINT OF BEGINNING, COMMENCE AT THE NORTHEAST CORNER OF WINDMILL VILLAGE BY THE SEA, UNIT TWO, AS RECORDED IN PLAT BOOK 16, PAGE 31, OF THE PUBLIC RECORDS OF ST. LUClE COUNTY, FLORIDA; THENCE, RUN SOUTH 89°56'22'' WEST ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF 27.84 FEET; THENCE, RUN SOUTH 00°03'38" EAST, PARALLEL WITH THE EAST LINE OF SAID PLAT, 'A DISTANCE OF 1 t 1.82 FEET; THENCE, RUN NORTH 89°56'22'' EAST, A DISTANCE OF 247.09 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD A-1-A AS NOW LAID OUT AND IN USE; THENCE, RUN NORTH 23°49'31" WEST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 122.21 FEET; THENCE, RUN SOUTH 89°56'22'' WEST ALONG A LINE THAT IS AN EASTERLY PROJECTION OF THE NORTH LINE OF SAID WINDMILL VILLAGE BY THE SEA, -UNIT TWO, A DISTANCE OF 170.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. (Tax ID#: 4511-809-0003-000/5) (Location: 10875 South Ocean Drive (Galleria Shopping Center)) This Conditional Use Permit approval shall expire on May 21, 2003, unless a zoning compliance is obtained or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. Do The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, AIf's Spidts and Wine, Inc, including any successors in interest, shall obtain all necessary permits and authorizations from the File No.: CU-02-003 Resolution 02-045 May 21, 2002 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 appropriate Local, State, and Federal regulatory authorities pdor to the issuance of any local building permits or authorizations to commence development activities on the property described in Part A. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. The St. Lucie County 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 Vice-Chairman Cliff Barnes AYE Commissioner Frannie Hutchinson AYE Commissioner Paula A. Lewis AYE Commissioner John D. Bruhn AYE PASSED AND DULY ADOPTED This 21st Day of May 2002. BOARD OF COUNTY COMMISS, IONERS,,....~ .. ST. LUCIE COUNTY, FLORIDAj~.7. ~ ~'~',- / ~ ~/""~ ATTEST: ~ ROVED'~AS,i:(~' FOi~M ~:\'~ORD\PotifiO~~~~V~IfsRES.doc · "' ',o File No.: CU-02-003 Resolution 02-045 May 21, 2002 Page 3 3.0 3.3. 3.2 3.3 14 3.5 3.6 3.7 Exhibit A Certificate of Capacity File No.: CU-02-003 May 21, 2002 Resolution 02-045 Page 4 St Lucie County Certificate of Capacity ~a'~e Certificate No. 845 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 CONDITIONAL USE PERMIT Number of units 1 Number of square feet 2. Property legal description & Tax ID no. 4511-809-0003-000/5 10875 SOUTH OCEAN DR (GALLERIA CENTER) ALF'S SPRITS AND WINE, INC. 3. Approval: Building Resolution No. 02-045 4. Subject to the following conditions for concurrency: ALLOW RETIAL SALE OF LIQUOR IN CG ZONING Letter 05122/02 Owner's name MADNESS LIMITED PARTNERSHIP Address 10873 SOUTH OCEAN DR JENSEN BEACH FL 34957 6. Certificate Expiration Date 5/21/2003 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 developmen~,l:(s) issued for the same property, use and size as described herein. Signed ~. Date: 5/22/2002 Community Development Director St Lucie County, Florida Wednesday, May 22, 2002 Page 1 of 1