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RESOLUTION 02-041
FILE NO.: BCC 02-005
A RESOLUTION GRANTING A WAIVER FROM
THE REQUIREMENTS OF SECTION 7.10.11(A)
OF THE ST. LUCIE 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:
Steve Siliato and Jason Ospina (d/b/a Mulberry Street Restaurant and Pizzeria) have
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 7123 South U S Highway 1
and as more particularly described in Section B below.
Section 7.10.11 (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 Holy Faith
Episcopal Church, 6990 S U. S. Highway 1 (1,263 feet north 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 May 21, 2002, this Board held a public hearing on the proposed distance waiver
authorizing the selling or transfer of alcoholic bevers.~es 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.
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-02-005
May 21, 2002
Resolution 02-041
Page 1
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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 (beer and wine only) within the establishment,
Mulberry Street Restaurant and Pizzeria, is not likely to create a public nuisance
or traffic impediment by drawing crowds or persons milling about outside the
building.
The facility, Mulberry Street Restaurant and Pizzeria, is physically separated and
sufficiently buffered from all adjacent residentially zoned areas, schools,
churches, public parks or public playgrounds.
The facility, Mulberry Street Restaurant and Pizzeria, 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 Mulberry Street Restaurant and Pizzeria located at 7123 South U.
S. Highway 1, subject to the following conditions:
The waiver request granted under this petition is limited to the sale of beer and
wine 0nly. The sale of any other alcoholic beverages will require approval by the
Board of County Commissioners.
2. Mulberry Street Restaurant and Pizzeria must maintain a minimum of 35 seats.
The waiver request granted under this petition is limited to the current petitioners,
Steve Siliato and Jason Ospina, 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 Mulberry Street Restaurant and Pizzeria shall only operate between the
hours of 11 a.m. and 11 p.m., Monday through Saturday and 4pm to 10 pm
Sunday.
File No.: BCC-02-005 Resolution 02-041
May 21,2002 Page 2
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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.
Do
B. The property on which this waiver is being granted is described as follows:
Parent Parcel: Begin st the Southeast corner of the Northeast 1/4 of the Northwest
1/4 of Section 22, Township 36 South, Range 40 East, St. Lucie County, Florida run
south 27°38'00" East 210 feet to the north line of Rio Mar Drive, thence run south
62°22'00" West along Rio Mar Drive 30 feet, thence run north 27°38'00'' West
225.83 feet, thence run north 89°49'00'' West 555.72 feet to the Southwest corner of
the herein described parcel, said Southwest corner being located north 89°49'00''
West of and 589.64 feet distant from the Point of Beginning; thence from said
Southwest Corner run north 00°07'00'' East 800 feet, thence run south 89°49'00"
East 400 feat; thence run south 00°07'00'' West 150 feet; thence run south
89°49'00'' East 164.36 feet to the westerly right-of-way of U S 1; thence run
southeasterly along said right-of-way being a curve concave to the northeast
having a radius of 1952.08 feet, and an arc distance of 310.62 feet, the chord for
said curve bears South 12°00'05" East said chord being 310.29 feet; thence run
north 89°49'00" West 101.01 feet, thence run south 00°07'00'' West 229.94 feet,
thence run south 27°38'00'' East 132.02 feet to the Point of Beginning (OR 485-
1159)
Together with the rights of Ingress and egress as set forth in O.R. Book 312, Page
1621 and O. R. Book 312, Page 1611, St. Lucie County Records.
.(Containing 9.95 acres, more or less)
Subject Parcel: More particularly described as Bays 406 through 408 of St. Lucie
Plaza.
(Parcel ID Number 3422-211-0010-000/6)
Location: (7123 S. U. S. Highway 1)
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 petitioners, Steve Siliato and Jason Ospina, 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 petitioners, Steve Siliato and Jason Ospina, 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.
File No.: BCC-02-005
May 21,2002
Resolution 02-041
Page 3
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The authorizations granted through this waiver shall expire on May 21, 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
(beer and wine only) 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 petitioners 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
Vice-Chairman Cliff Barnes
AYE
Commissioner Paula Lewis
AYE
Commissioner John Bruhn
AYE
Commissioner Frannie Hutchinson
AYE
PASSED AND DULY ADOPTED this 21st day of May 2002.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
File No.: BCC-02-005
May 21, 2002
Resolution 02-041
Page 4