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Home My WebLink About07-240 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3126451 10/29/2007 at 04:05 PM OR BOOK 2898 PAGE 1246 - 1258 Doc Type' RESO RECORDING: $112.00 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. 07-240 FILE NO.: Bee 820071301 A RESOLUTION BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANTING A WAIVER FROM THE DISTANCE REQUIREMENTS OF SECTION 7.10.11(A) OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, PERMITTING THE SALE OF ALCOHOLIC BEVERAGE AS ACCESSORY TO A RESTAURANT WITHIN 1,600 FEET OF A RELIGIOUS FACILITY, SCHOOL, PUBLIC PARK, OR PUBLIC PLAYGROUND, FOR PROPERTY LOCATED AT 7125 SOUTH US HIGHWAY 1 IN ST. LUCIE COUNTY, FLORIDA. 17 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on 18 the testimony and evidence, including but not limited to the staff report, has made the 19 following determinations: 20 21 1, Lester Jarquin and Yancelin Jarquin petitioned for a waiver from the 22 distance requirements of Section 7.10.11(A) of the St. Lucie County Land 23 Development Code to allow for the on-premises consumption of alcoholic 24 beverages as accessory to a restaurant located within 1,600 feet of a religious 25 facility, school, public park, or public playground for property located at 7125 26 South US Highway 1 and as more particularly described in Section B below. 27 28 2. Section 7,10.11 (B) of the St. Lucie County Land Development Code provides 29 the method of measurement to be followed in determining whether or not a 30 religious facility, school, public park, or public playground is within the 31 prescribed distance of the proposed use, Based upon the method of 32 measurement set forth in Part B, the Holy Faith Episcopal church, 6990 S, US 33 Highway 1 (approximately 929 feet north of the subject property) has been 34 determined to fall within the 1,600 foot measurement. 35 36 3. Section 7.10.11 (C) of the St. Lucie County Land Development Code provides 37 that the Board of County Commissioners may waive the minimum distance 38 provisions of Land Development Code Section 7.10.11 (A) for a business October 16, 2007 Resolution 07-24 File No.: Bee 820071301 Page 1 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 proposing to sell or transfer alcoholic beverages as an accessory to an eating place, if the Board determines that the waiver does not adversely affect community health, safety or general welfare; 4. On October 2, 2007, this Board held a public hearing on the proposed distance waiver authorizing the selling or transfer of alcoholic beverages for on-premise consumption as an 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 Fort Pierce Tribune at least 10 days prior to the hearing and notifying all property owners of record within 500 feet of the subject property, 5. The waiver meets the requirements of Section 7,10.11 (C)(3) of the Land Development Code authorizing the selling of alcoholic beverages only to persons patronizing the restaurant for the main purpose of ordering and consuming food and the restaurant has permanent kitchen facilities in which meals are regularly prepared for patrons. 6. The proposed waiver is consistent with the general purpose, goals, objectives, policies and standards of the St. Lucie County Comprehensive Plan, the St. Lucie County Land Development Code and the Code of Ordinances of St. Lucie County Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Luci County, Florida: A. 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 a restaurant and an existing religious facility, school public park or public playground is hereby granted for the restaurant to be known as EI Tucanazo located at 7125 South US Highway 1, subject to the following conditions: 1, The waiver request granted under this petition is limited to the sale of beer and wine only. 2, The dispensing of alcohol beverages is accessory to the restaurant use. Alcohol sales shall only be dispensed to persons patronizing the establishment for the main purpose or ordering and consuming food. Any other use, including billiards, shall be a subordinate use to the October 16, 2007 Resolution 07-24 File No.: Bee 820071301 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 B. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 restaurant operations and no alcoholic beverages may be served to anyone not ordering food. 3. The proposed restaurant shall maintain a minimum of 35 seats. 4, The maximum number of pool tables shall be limited to 3. 5. The waiver granted under this petition is limited to the current petitioners, Lester Jarquin and Yancelin Jarquin, and is not transferable or assignable without the expressed approval of the Board of County Commissioners following a duly notice public hearing on the property transfer or assignment. 6. The restaurant shall only operate between the hours of 4 pm and 11 pm seven days a week. 7. The selling of alcoholic beverages (beer and wine only) within the establishment shall not create a public nuisance or traffic impediment by drawing crowds or persons milling about outside the building. 8, 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. The subject property is described as follows: Beginning at the Southeast corner of the Northeast 'X of the Northwest 'X of Section 22, Township 36 South, Range 40 East, St. Lucie County, Florida run South 27 degrees 38' East, 210 feet to the North line of Rio Mar Drive; thence run South 62 degrees 22' West along Rio Mar Drive 30 feet; then run North 27 degrees 38' West, 225.83 feet; then run North 89 degrees 49' West, 555.72 feet to the Southwest corner of the herein described parcel, said Southwest corner being located North 89 degrees 49' West of and 589.63 feet distant from the Point of Beginning; thence from said southwest corner, run North 09 degrees 01' East, 800.00 feet; thence run South 89 degrees 49' East, 400 feet; then run South 00 degrees 01' West, 150.00 feet; then run South 89 degrees 49' East, 164.04 feet to the Westerly right-of-way line of U.S. Highway No.1; thence run Southeasterly, along said right-of-way line, 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 degrees 00'05" East, said chord being 310,29 feet; then run North 89 degrees 49' Westt 101.01 October 16, 2007 Resolution 07-24 File No.: Bee 820071301 Page 3 1 feet; thence run South 00 degrees OT West, 229.94 feet; then run South 27 2 degrees 38' East, 132.02 feet to the Point of Beginning. 3 4 5 6 7 8 9 10 11 12 C. 13 14 15 16 17 18 19 D. 20 21 22 23 24 25 26 27 E. 28 29 30 31 32 33 34 35 36 37 38 39 40 E, 41 Together with the rights established in the instruments recorded in O.R. 312, Page 1621; O.R. Book 312, Page 1611; and O.R. Book 744, Page 1010, Public Records of St. Lucie County, Florida, ParcellD Number: 3422-211-0010-0006 Location: 7125 South U.S. Highway No.1, St. Lucie Plaza 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 assignable to any other party or institution. Should the petitioner, Lester Jarquin and Yancelin Jarquin, 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 specially conditioned to the requirement that the petitioner, Lester Jarquin and Yancelin Jarquin, 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. The authorizations granted through this waiver shall expire on October 16, 2008, 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 petitioners maintaining all applicant licenses and zoning authorizations, and further subject to the limiting conditions outlined in Part A above, If the petition 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 the premises. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official October 16, 2007 Resolution 07-24 File No.: Bee 820071301 Page 4 1 Zoning Map of St. Lucie County, Florida, and to make notation of reference to 2 the date of adoption of this resolution. 3 4 After motion and second, the vote on this resolution was as follows: 5 6 Chairman Chris Craft AYE 7 Vice-Chairman Joseph E, Smith AYE 8 Commissioner Doug Coward 9 Commissioner Paula A. Lewis AYE AYE 10 Commissioner Charles Grande ABSENT 11 12 PASSED AND DULY ADOPTED this 16th day of October 2007 13 14 15 16 17 18 19 20 21 22 23 ATTEST: 24 5 1 -1 28 October 16, 2007 ì " ,.; c· ~ ,:~ Resolution 07-24 File No.: BCC 820071301 Page 5 flnTwtÆ .JIlanagemomt 1'Jepartnumr Subject property Map prepared October 4, 2007 BCC petition of Jarquinand Yancelin ments of Section 7,10,11 (A) of the St. Lucie on-premises consumption of alcoholic an establishmentthat is located within 1,600 feet of a religious facility, or ublic round. ,... ~ $: :r:: º :r:: (/) :J (/) ...J « z « ü $: w z NSLRDD CANAL NO. 28 NSLRDD CANAL NO. 28 w ~ t- :J Z o ü o ü .-................ ~- -. ~~ ~ ~ ~ ~. $: . :r:: ~ 0 . :r:: . (/) . :J . (/) /I i III III II III iii III I I II II .. .. . ... . . .. . .. .. t> 500' a 'Ii II 11 II III 'Ii III II III II iii Ii II r ~ rn <'. ~ J;> -\ ?l I III III II II I iii II III IN IN . . ~ II II III iii III Subject property flrtrwtfi :Mmu1f1~t V"!Jhil'rtmen.t N A III "'11II'" Map prepared October 4, 2007 Bee Lest.erJ..arquin and Yancelin Jarquin Zoning CG ~ :¡; :c ~ :c (/) ::J (/) ......11II ølll øø øø ." ." ." ~ 41 (q II II II IØ ill III II ill II II PUD III III III II III ~ :¡; :c ~ :c (/) ::J (/) .. .. .. .... .. .. .. .. . ~ ~ .. .. fo fo II II II II .. 1I II .. 111 CG : II RM-9 500' III III iii iii III III III II III III Subject property CG - Commercial General co - Commercial Office I - Institutional PUD - Planned Unit Development PNRD - Planned Non-Residential DeveloPment RM-5 - Residential Multi Family (5 du/ac) RM-9 - Residential Multi Family (9 du/ac) RS-4 - Residential Single Family (4 du/ac) firtnVéli ..Mano¡¡tmUtnf 17f!Ptirtment N A ill III '" .. III II III II 500' buffer ...11II11II. Map prepared October 4, 2007 BCC 820071301 Zoning Map prepared October 4, 2007 N A ~ Subject property 1111I11I II .500' buffer d..,.." CG - Commercial General CO - Commercial Office I - Institutional PUD - Planned Unit Development PNRD - Planned Non-Residential Development RM-5 - Residential Multi Family (5 du/ac) RM-9 - Residential Multi Family (9 du/ac) RS-4 - Residential Single Family (4 du/ac) BCC Land Use Lester Jarquin andYanceHn Jarquin COM ..... ?¿ š: ::¡: ø r (/) ::> (/) COM ..J <. ~ š: w z P/F ...~AKEVI$TA TRL ....\Ill .. ... . ,. ,. ,. ~ It It 1# 18 III III II III ill II II III II III III III III ..... ?¿ š: ::¡: 52 ::¡: (/) ::> (/) . . . c~ . RM 500' III III II III II III II II III III Subject property COM - Commercial PIF - Public Facilities RM - Residential Medium (9 du/ac) RU - Residential Urban (5 du/ac) . ~ ~ .. III RLt II 1& ill III Ii Ii Ii III. II III III RM If II III .. .. III (irrrw-tÆ Ma1U.1¡gi!lment iJ'!Porbmmt N A Map prepared October 4, 2007 BCC Land Use 301 COM - Commercial P/F - Public Facilities RM - Residential Medium (9 du/ac) RU - Residential Urban (5 du/ac) firtrWtJi :Man4!1ømønt ZJ'!,a:Yt1lUfflt' Map prepared October 4, 2007 BCC 1 Subject property flrrnvtjj .'Managømat£ :lJ'!Partment' Map prepared October 4, 2007 t- o µ.¡ "" 0 -c- N 0 -<i M Z r/J ~ -c- ¡-... .9 ~ '" ü 0 .!!! 0 0 ::¡ "0 æ N ro CO 0.. æ Ü 0.. 0.. Ü ro CD :E b b t:: ::¡ § ~ 8 8 ~ '- ü .~ j;l ~ ~ a:: 2 t:: (/) -¡; '" ~ <Xl '6 ~ .s: w c 1 (/) ø Ü Ü (/) Ó '" <¡< ü leUBO 1>l<:> £ . '" c ~ o ~,,-~_,.~___'.''-.'H'__~---'-'-·_·~~'"--'--··-''''''~·-w. ¡{JunOD 88qOl{088'fO