City of Port St. Lucie header
File #: 2024-1164    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 11/8/2024 In control: City Council
On agenda: 11/25/2024 Final action:
Title: Resolution 24-R86, Quasi-Judicial, Public Hearing, a Resolution of the City Council of the City of Port St. Lucie, Florida, Granting a Special Exception Use to Allow a Bar to be Located in the General Commercial (Cg) Zoning District Per Section 158.124(C)(6) of the Code of Ordinances for a Project Known as Bogey Bay LLC (P24-161); Providing for Conflicts; Providing for Severability; and Providing an Effective Date
Attachments: 1. Resolution, 2. Approved Site Plan, 3. Proposed Floor plan, 4. Application, 5. Letter of authorization, 6. Deed, 7. Public Works Memo, 8. Staff Presenation, 9. Citizen Comment #1, 10. Citizen Comment #2
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Placement: Resolutions / Quasi-Judicial Hearing                     

Action Requested: Motion / Vote                     

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Resolution 24-R86, Quasi-Judicial, Public Hearing, a Resolution of the City Council of the City of Port St. Lucie, Florida, Granting a Special Exception Use to Allow a Bar to be Located in the General Commercial (Cg) Zoning District Per Section 158.124(C)(6) of the Code of Ordinances for a Project Known as Bogey Bay LLC (P24-161); Providing for Conflicts; Providing for Severability; and Providing an Effective Date 

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Submitted By: Daniel Robinson, Planner III

 

Strategic Plan Link: The City's Goal of a Smart & Connected City.

 

Executive Summary (General Business): The request is for a Special Exception Use (SEU) to allow a bar to be located in the General Commercial Zoning District as per Section 158.124 (C) (6) of the Zoning Code.

 

Presentation Information: Staff will provide a presentation.

 

Staff Recommendation: Move that the Council approve the Resolution with the subject to the condition that the bar be associated with a Recreational Facility Use as the primary use and the approval would be voided if the primary use did not meet the definition of a recreational facility use as described in Chapter 153 of the Zoning Code as recommended by the Planning and Zoning Board.

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve the resolution.

2.                     Move that the Council deny the resolution and provide direction.

 

Background: The site plan was approved by City Council on May 24, 2021. (P21-011) The building is a retail strip center known as Gatlin Square and consists of 17,802 square feet of retail/office space. The business proposing the bar use will occupy 2,821 square feet of retail/office space in the building. No outside changes are proposed to the site for the business. The proposed business may have food service but will not meet the definition of full-service restaurant as per Section 110.07 (B) of the City’s Code of Ordinances; therefore, it is considered a bar per the Zoning Code.

 

Issues/Analysis: See the staff findings for the SEU criteria established under Section 158.260 (A) through (L) of the Zoning Code in the attached staff report.

                     

Financial Information: N/A

 

Special Consideration: Section 110.02 of the City’s Code of Ordinances states that no license shall be granted to a vendor of alcoholic beverages whose place of business is or shall be within 1,500 feet of a school or religious institution unless the business meets specific exemptions. The proposed use does not meet the criteria of being exempt from this regulation per Section 110.07. The property is not within 1,500 feet of a school or religious institution, so it qualifies per the distance requirement to obtain a liquor license.

 

Location of Project: The property is located at 1449 SW Gatlin Boulevard.

 

Attachments:

                     Resolution

                     Staff report

                     Approved site plan

                     Proposed Floor Plan

                     Application

                     Letter of authorization

                     Deed

                     Public Works Memo

                     Staff presentation

                     Citizen Comment #1

                     Citizen Comment #2

 

NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.

 

Internal Reference Number: 24313-03

 

Legal Sufficiency Review: 

Reviewed by Russell Ward, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.