HomeMy WebLinkAbout08-093
EDW .
IN M. FRY Jr CLER --.
SAINT LUCIE COU.NTY K OF THE CIRCUIT COURT
FILE# 32119650
OR BOOK 2977 p5/27/2008 at 01 :34 PM
RE AGE 1522 - 152
CORDING: $69.50 9 Doc Type: RESO
1 RESOLUTION NO. 08-093
2 FILE NO.: CU 320081432
3
4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
5 LUCIE COUNTY, FLORIDA, GRANTING THE MELLON PATCH INN A
6 CONDITIONAL USE PERMIT TO ALLOW FOR A FOUR-ROOM TOURIST
7 COURT WITH LIMITED SPECIAL EVENTS IN THE HIRD (HUTCHINSON
8 ISLAND RESIDENTIALDISJRICT) ZONING DISTRICT FOR PROPERTY
9 LOCATED AT 3601 N A1A IN ST. LUCIE COUNTY, FLORIDA.
10
11 WHEREAS, the Board of County Commissioners of 5t. Lucie County, Florida, based on
12 the testimony and evidence, including but not limited to the staff report, has made the
13 following determinations:
14
15 1. The Mellon Patch Inn has petitioned for a Conditional Use Permit to allow for
16 the operation of a four-room tourist court with limited special events in the
17 HIRD (Hutchinson Island Residential District) Zoning District for property
18 described in Part B below and depicted in Exhibit "A".
19
20 2. On November 24, 1992, the Board of County Commissioners, after a public
21 hearing adopted Resolution No.92-254, granting Conditional Use approval to
22 Andrea I. Mellon to operate a Bed and Breakfast Inn in the HIRD (Hutchinson
23 Island Residential District) Zoning District.
24
25 3. On April 17 , 2007, the Board of County Commissioners held a public hearing
26 regarding possible modification or revocation ofthe Conditional Use Permittor
27 the Mellon Patch Inn. The Public Hearing was continued to May 15, 2007
28 when the Board agreed to have Chairman Craft meet with the business owner
29 and the neighbors.
30
31 4. On November 6, 2007, the Board of County Commissioners, after a public
32 hearing, adopted Resolution No.07-054 revoking the Conditional Use Permit
33 for the Mellon Patch Inn, effective May 5, 2008, finding that there was proof of
34 adverse effect on adjacent properties which negatively impacted the character
35 of the neighborhood because of traffic conditions, parking, noise and other
36 matters affecting the public health, safety and general welfare.
37
38 5. On April 17 , 2008, the 5t. Lucie County Planning and Zoning Commission held
39 a public hearing onthe petition, after publishing notice at least 10 days prior to
40 the hearing and notifying by mail all owners of property within 500 feet of the
41 subject property, and recommended that the Board of County Commissioners
May 6, 2008
File No.: CU 320081432
Resolution No. 08-093
Page 1
1 approve with conditions, the hereinafter described request for a Conditional
2 Use Permit in the HIRD(Hutchinson Island Residential District) Zoning District
3 for the property described below.
4
5 6. On May 6, 2008 the Board of County Commissioners held a public hearing on
6 the petition, after publishing a notice of such hearing and notifying by mail all
7 owners of property within 500 feet of the subject property.
8
9 7. The proposed Conditional Use is consistent with the goals, objectives, and
10 policies of the St. Lucie County Comprehensive Plan and ha$ satisfied the
11 requirements of Section 11.07.03 of the St. Lucie County Land Development
12 Code.
13
14 8. The proposed project will not have an undue adverse effect on adjacent
15 residential property, the character of the neighborhood, traffic conditions,
16 parking, utility facilities, or other matters affecting the public health, safety and
17 general welfare.
18
19 9. The applicant has applied for Concurrency Deferral, a copy of which is
20 attached to this order as Exhibit "B", as required under Chapter V, St. Lucie
21 County Land Development Code.
22
May 6, 2008
File No.: CU 320081432
Resolution No. 08-093
Page 2
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1 NOW, THEREFORE, BE IT RESOL VEO by the Board of County Commissioners of St.
2 Lucie County,Florida:
3
4 A. Pursuant to Section 11.07.05 of the St. Lucie County Land Development Code,
5 a Conditional Use Permit to allow for the operation of a four-room tourist court in
6 the HIRD (Hutchinson Island Residential District) Zoning at the location
7 described in Part B, is hereby approved with the following limiting conditions:
8
9 1. The permitted Conditional Use as a tourist court shall be limited to a use of a
10 Bed and Breakfast Inn and shall not be used as a hotel/motel or
11 restaurant/bar. The use shall be subject to the following modified
12 requirements of Section7.10.20, Bed and Breakfast Residences:
13 a. Only a singular sign, for the purposes of identification, no advertisement
14 shall be permitted. , Identification sign shall not exceed 32 square feet in
15 area and shall not be illuminated.
16 b. The maximum number of guest rooms is four (as required by density
17 regulations in the HIRD Zoning District for the total acreage on the
18 subject parcel.)
19 c. One off-street parking space shall be provided per guest room for room
20 rental uses. All off-street parking shall meet the minimum design criteria
21 of Section 7.06.00.
22 d. No food preparation or cooking shall be conducted within any bedroom
23 nor other individual rented rooms. Meals shall only be provided to
24 overnight guests unless pr()vided by a professional caterer to invited
25 guests.
26 e. The exterior of the structure shall not be altered from its single family
27 character. .
28 f. Guests are limited to a length of stay no longer than 30 consecutive days.
29
30 2. The applicant shall submit a Minor Adjustment to a Minor Site Plan
31 application to Growth Management per Section 11.02.5.E of the County's
32 Land Development Code and must be approved by the Growth Management
33 Director. This adjustment shall include the additional parking (including
34 grass parking or other pervious paving system, if approved by County
35 Engineer) required for the limited events conditioned in this document, the
36 modified stormwater retention area, as well as increased landscape buffers
37 between the commercial establishment and the adjacent residential property,
38 as well as along the public rights-of-way, per Sections 7.09.04.A, 7.09.04.B
39 and 7.09.04.E of the Land Development Code.
40 a. Applicant shall submit an application for Minor Adjustment to a Minor Site
41 Plan within 30 days of the date of this Resolution.
42 b. Once approved by the Growth Management Director, the applicant shall
43 satisfactorily complete all improvements within 120 days of the Growth
44 Management Director's approval. In the interim, a shared parking
May 6,2008
File No.: CU 320081432
Resolution No. 08-093
Page 3
'.
1 agreement, acceptable to the Growth Management Director, may be
2 utilized by the applicant for event parking during the Site Plan review,
3 approval, permitting, construction and inspection of required
4 improvements. The applicant shall be responsible for transporting guests
5 between the off-site parking facility and the Inn. The shared parking
6 agreement may continue to be utilized once required site improvements
7 have been completed for overflow parking.
8
9 3. The following additional conditions shall be placed on all events held at The
10 Mellon Patch Inn:
11 a. All events shall be invitation-only with a guest list. Examples include:
12 Wedding Showers, Weddings, Baby Showers, Anniversary Parties,
13 Birthday Parties. Open invitations are not allowed. If an event is
14 advertised to the public, preregistration is required. No guest list or
15 preregistration shall exceed 40 individuals.
16 b. No more than 40 guests shall be allowed at any event;
17 c. There is no limit on number of events that may be hosted;
18 d. No outdoor music with any amplifier system is acceptable. Live, acoustic,
19 unamplified music is acceptable, (e.g.: a string quartet). This would not
20 prohibit the playing of a wedding processional or recessional on a small
21 home stereo system. All music must meet the requirements of the St.
22 Lucie.County Noise Ordinance;
23 e. All outdoor events will end no later than 8:00 p.m.;
24 f. All guests not staying at the Inn will be off premises no later than 9:00 p.m.
25 and;
26 g. Alcohol is permitted at events if brought by guests for their own use. The
27 Mellon Patch Inn shall not provide alcohol to non-resident guests but may
28 provide alcohol to guests staying in a guest room at the Inn if properly
29 licensed. Thiswould not preclude the guests from hiring a caterer to
30 provide alcohol at the event.
31
32 4. No non-residential use shall be allowed unless specifically permitted
33 pursuant to the resolution.
May 6, 2008
File No.: CU 320081432
Resolution No. 08-093
Page 4
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B. The property on which this Conditional Use Permit is being approved is
described as follows:
Parcel 1:
Tract A, COASTAL COVES UNIT NO.1, according to the Plat thereof, recorded
in Plat Book 10, Page 71, Public Records of St. Lucie County
Parcel 2:
BEING the Easterly Portion of the Waterway at the North end of Coastal Coves
Unit NO.1 as recorded in Plat Book 10, Page 71 of the public records of St Lucie
County, Florida
MORE PARTICULARLY DESCRIBED AS:
COMMENCE at the Centerline Intersection of State Road A1A and Jackson
Way, run N90000'00"W, to a point intersecting the West line of Tract "A",
COASTAL COVES UNIT NO.1 and the centerline of Jackson Way, a distance of
203.75 feet, thence run N21 0 39'OO"W, along the extension ofthe west lot line of
said Tract "A", to the North right of way of Jackson Way, a distance of 26.90
feet, thence continue N210 39'OO"W, along the said west lot line of Tract "A", a
distance of 130.31 feet to the POINT OF BEGINNING. Thence run N89017'00"
W along the South Line of Waterway, a distance of 23.48 feet, thence run
N27055'32"W, a distance of 50.47 feet, thence run N41057'36"W, to a point on
the North line of waterway, a distance of 55.37 feet, thence run S89017'00"E
along the North line of Waterway to the Northwest Corner of said Tract "A", a
distance of 50.22 feet, Thence run S21 039'00", along the West line of said Tract
"A", a distance of91.91 feet to the POINT OF BEGINNING. Said Land Contains
o .064::!:Acres.
Location:
3601 North Highway A1A
ParcellD No.: 1423-802-0001-000/1
C. This Conditional Use Permit approval shall expire on May 6, 2009, unless a
zoning compliance is obtained or the permit is extended upon application to the
Board of County Commissioners in accordance with Section 11.00.04, St. Lucie
County Land Development Code.
Resolution No. 08-093
May 6, 2008
File No.: CU 320081432
Page 5
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D. Notification of the Board of County Commissioners decision shall be mailed to all
parties, and the decision shall be filed with the Department of Growth
Management on accordance with Section11.00.04.F.
After motion and second, the vote on this resolution was as follows:
Chairman Joseph E. Smith AYE
Vice-Chair Paula A. Lewis AYE
Commissioner Doug Coward AYE
Commissioner Chris Craft AYE
Commissioner Charles Grande NAY
PASSED AND DULY ADOPTED this 6th day of May, 2008
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
May 6, 2008
File No.: CU 320081432
~01i
APPROVED AS TO FORM
AND CORRECTNESS:
Resolution No. 08-093
Page 6
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CXHIBIT · U
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St. Lucie County
Concurrency Deferral Affidavit
I.
Fee: $25.00
. residing or doing business at
?Joe I
Street
N Al4
fr(1~. .~.c5~Y1,
~ ~ fA..- S;; . ZIp from St :oneeounly, Florida. for Ihe foHDlNing project:
TweofD~Ord~
-rh~ ~OA ~
....,
Name of Proposed Development
;1.01-5503
have applied for a
IrJJ
I do hereby affirm that in connection with my application for the above project. I have elected to defer the certificate of
capacity and reservation of capacity in public facilities. for the above property until a 'later time. but no later than the
application for a final ,development order for the same property.
I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final
development order can be issued. and that St. Lucie County can make no guarantee that adequate public facilities will b
available when I apply for the final development oreler.
I further acknowledge that according to Section 5.01.01 of the St. Lucie County Land Development Code. no final
development approval can be granted until capacity in those facilities is available at that time. The issuance of a
preliminary development oreler without a certificate of capacity creates no vested or other rights to develop the subject
property. .
Signed:
Date:
dI~ O~
STATE OF FLORIDA. COUNTY OF . $/ J..llL~ I.
The foregoing InsIrumonl was acknowledged before me .IIi..n.: of ..;L~'~"1' 2Od). by ~nJy
!J:t .. ~ personaHy n to me or who has produced .ALII as ldenlificatia
~_7fJ.j~
Signed - Notary Public
~~., ~~
Witness Witness ./
.//..
t~_...""
Revised October 16, 2007
5
CU 320081432 .' .
A petition of Mellon P~.~h Inn for a Conditional Use as d Tourist Court in the,HIRD .
(Hutchinson Island Residential District) Zoning District for the property at 3601"
North Highway A1A
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JACK ISLAND ACCESS RD
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Ft. Pierce Cut
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JACKSON WAY
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Wild Cat Cove
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EXHIBIT U
Map prepared April 1 , 2008