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RESOLUTION 01-022
FILE NO.: BCC 01-003
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 BEVERAGE 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:
James and Hazel Jackson (d/b/a Quarterdeck Bar and Grille) 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 the southeast corner of the intersection of
Okeechobee Road and South 35th Street, 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 following
uses have been determined to fall within the 1,600 foot radius.
Community United Methodist Church
1,170 feet NE from the proposed use.
Christian Outreach Center
1,006 feet SW from the proposed use.
First Assembly of God
877 feet NE from the proposed use.
Fairlawn Elementary School
754 feet E/SE from the proposed use.
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 requeted
waiver have been complied with.
On May 15, 2001, 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
File No.: BCC-01-003 Resolution 01-022
May 15, 2001 Page 1
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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 project 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.
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.
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, Quarterdeck Bar and
Grille, is not likely to create a public nuisance or traffic impediment by drawing
crowds or persons milling about outside the building.
The facility, Quarterdeck Bar and Grille, is physically separated and sufficiently
buffered from all adjacent residentially zoned areas, schools, churches, public
parks or public playgrounds.
The facility, Quarterdeck Bar and Grille, 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 Quarterdeck Bar and Grille located at 3415 Okeechobee Road,
subject to the following conditions:
1. The Quarterdeck Bar and Grille must maintain a minimum of 35 seats.
The waiver request granted under this petition is limited to the current petitioner,
James and Hazel Jackson, 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 Quarterdeck Bar and Grille shall only operate between the hours of 10 a.m.
and 10 p.m.
File No.: BCC-01-003 Resolution 01-022
May 15, 2001 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.
B. The property on which this waiver is being granted is described as follows:
Section 17, Township 35 South, Range 40 East, The Westwood Manor Block 1, Lot
1 - Less the east 9 feet and less the road right-of-way and that part of the
southwest 1/4 of the northeast 1/4 of the southwest 1/4 as shown on the plat of
Westwood Manor described as not a part of this plat - less the road right-of-way
(OR Book 0665, Page 0098) (2417-702-0001-000/8)
(Containing 0.06 acres, more or less)
Location: (3415 Okeechobee 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, James and Hazel Jackson, 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, James and Hazel Jackson, 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 May 15, 2002 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:
File No.: BCC-01-003 Resolution 01-022
May 15, 2001 Page 3
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Chairman Frannie Hutchinson
Vice-Chairman Doug Coward
Commissioner Paula Lewis
Commissioner Cliff Barnes
Commissioner John Bruhn
AYE
NAY
AYE
AYE
AYE
PASSED AND DULY ADOPTED this 15th day of May 2001.
BOARD OF cOuNTY COMMISSIONERS
ST. LUClE COUNTY,
ATrEST: APPROVED AS TO
AND
DEPUTY
COUN'~( A ' ~ '
TTO~Y
CS:
H\wp\projects~.apatas\resoution,O0126.doc
File No.: BCC-01-003 Resolution 01-022
May 15, 2001 Page 4