HomeMy WebLinkAboutPDS-11-027 - Mellon Patch - Chapter 2011-139 Extension1
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PDS NO. 11-027
(File No. BCC 1120114361)
AN ORDER GRANTING AN ADDITIONAL TWO-YEAR
STATUTORY EXTENSION PROVIDED BY CHAPTER 2011-
139, LAWS OF FLORIDA TO THE SCHEDULED
EXPIRATION DATE TO THE PREVIOUSLY APPROVED
MINOR ADJUSTMENT FOR THE PROJECT KNOWN AS
MELLON PATCH.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the request for development order extension timely submitted and in accordance with the
provisions of Chapter 2011-139, Laws of Florida and has made the following determinations:
1. On, December 8, 2009, the St. Lucie County Planning and Development Services
Department granted approval to the petition of Mellon Patch Inn submitted by Cathy
Townsend for the Minor Adjustment approval for the project known as Mellon Patch Inn,
on property located at 3601 North Highway A1A and more particularly described in Part
D below.
2. On, July 1, 2011, Florida Governor Rick Scott, signed into law, Chapter 2011-139, Laws
of Florida, more commonly known as the "Community Planning Act" Bill (the "Bill").
3. The Bill provides that any local government issued development order or permit that was
extended under Section 14 of Chapter 2009-96, Laws of Florida, as reauthorized by
Section 46 of Chapter 2010-147, Laws of Florida, may be eligible to be extended and
renewed for an additional period of two years after its previously scheduled expiration
date and shall not be extended beyond a total of four years.
4. The Bill provides that in recognition of the 2011 real estate market conditions, any local
government issued development order or permit that has an expiration date of January
1, 2012 through January 1, 2014, may be eligible to be extended and renewed for a
period of two (2) years following its date of expiration.
5. The Bill further provides that the request for statutory extension must be timely made in
writing by December 31, 2011; identify the specific authorization for which the extension
is requested, the intended use of the extension and the anticipated time frame for acting
on the authorization.
6. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
Planning and Development Services staff and found not to be in sign cant
noncompliance with the original St. Lucie County development order granting approval.
File No.: BCC 1120114361 PDS Order No. 11-027
December 16, 2011 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE # 3657922 12/19!2011 at 0439 PM a ORD
OR BOOK 3348 PAGE 2771 - 2774 Doc Typ
RECORDING: $35.50
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7. The applicant applied for an extension on November 15, 2011.
8. This extension is granted pursuant to Chapter 2011-139, and St. Lucie County Board of
County Commissioners' good faith interpretation of the Bill. By accepting this extension,
the applicant agrees to hold St. Lucie County harmless in the event a court of competent
jurisdiction determines that the extension granted by St. Lucie County were not legally
granted or in the event that the extension is subsequently revoked based on a
constitutional challenge.
9. This statutory extension is exclusive of and runs concurrently with any request for
approval extension that may be provided by the St Lucie County Land Development
Code. Any Land Development Code extension must be applied for, reviewed and
approved in accordance with the provisions of the Land Development Code.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director.
A. Pursuant to the provisions of the Bill, the Minor Adjustment approval for the project
known as Mellon Patch Inn has been found to be eligible for an additional extension
consistent with the provisions contained in Section 79 of the Bill such that the approval
granted by the letter dated December 8, 2009 which is attached to this development
order is extended for two years and is now scheduled to expire December 8, 2013.
B. All terms and conditions of the approved Minor Adjustment shall continue to remain in
full force and effect unless otherwise amended.
C. In the event that a court determines that the Bill is unconstitutional, the extension
granted by this order shall become null and void.
D. The property on which this development order extension is being granted is described as
follows:
LEGAL DESCRIPTION:
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 N90°00'00"W, to a point intersecting the West line of Tract "A", COASTAL
COVES UNIT N0.1 and the centerline of Jackson Way, a distance of 203.75 feet,
File No.: BCC 1120114361
December 16, 2011
PDS Order No. 11-027
Page 2
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thence run N21 ° 39'00"W, along the extension of the west lot line of said Tract "A",
to the North right of way of Jackson Way, a distance of 26.90 feet, thence continue
N21 ° 39' 00"W, along the said west lot line of Tract "A", a distance of 130.31 feet to
the POINT OF BEGINNING. Thence run N89°17'00" W along the South Line of
Waterway, a distance of 23.48 feet, thence run N27°55'32"W, a distance of 50.47
feet, thence run N41 °57'36"W, to a point on the North line of waterway, a distance
of 55.37 feet, thence run S89°17'00"E along the North line of Waterway to the
Northwest Comer of said Tract "A", a distance of 50.22 feet, Thence run
S21 °39'00", along the West line of said Tract "A", a distance of 91.91 feet to the
POINT OF BEGINNING. Said Land Contains 0.064tAcres.
Parcel ID# 1423-802-0001-000/1
E. The conditions set forth in Part B are an integral non severable part of the site plan
approval granted. If any condition set forth in Part B is determined to be invalid or
unenforceable for any reason and the developer declines to comply voluntarily with that
condition, this development order extension approval granted by this resolution shall
become null and void.
F. This order shall be recorded in the Public Records of St. Lucie County.
This ORDER is effective the 16t`' day of December, 2011.
PLANNING 8~ DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Mark Sa rlee, AICP
Lap
G:\Planning\PROJECT FILESWIellon Patch Inn\ Mellon Patch HB 7207 BCC 1120114361
File No.: BCC 1120114361 PDS Order No. 11-027
December 16, 2011 Page 3
APPROVED AS TO FORM
~ ; PDS Nc~ 11 D~7
' BOARD OF
COUNTY
COMMISSIONERS
GROWTH
MANAGEMENT
December 8, 2009
Eric Zeiss, P.E.
Laventure 8 Zeiss Engineering, inc.
3308 Enterprise Road, Suite 201
Fort Pierce, FL 34982
Subject: Mellon Patch Inn
Minor Adjustment to a Minor Site Plan (SPMN 620081492}
Dear Mr. Zeiss:
The St. Lurie County Development Review Committee (DRC) has reviewed your request for a Minor
Adjustment to the above referenced Minor Site Pian and has determined it to meet the minimum technic
requirements. The purpose of this adjustment is for the construction of a grass parking lot, revisions to the
stomlwater retention area and modifications to the landscape buffer yards for an existing bed and breakfast
inn. This administretive adjustment approval becomes effective immediately subject to the following
conditions:
i) The applicant will comply with any state and federal agency regWations and requirements. Prior
to issuance of a Vegetation Removal Permit or Exemption, the applicant stall have obtained and
provided ERD with copies of any required federal and stabs permib, if required. H federal or state
agency compliance requires modification of the development plans, the applicant will promptly
modify the plans and submit to 3LC for review and approval as required by the LOC. The
applicant will not use the County's development approval bo prevent compliance with any federal
or state agency requirements.
2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall firtailze an
improvement agreement acceptable to ERD covering the cost of additional landscaping, including
proposed on-site tree relocation.
3) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide a plan
depicting the proposed locations and design of silt fencing and vegetation protection barricades.
A condition of the Vegetation Removal Permit or Exemption shall be that ERD shall approve the
installed silt fencing and barricades pNor to initiation of site construction activities.
This approval does not in any way constitute authorization to begin construction. Prior to the commencement
of any oonstnlction on this property, all outside agency permits and any County speafic permits (building,
driveway, etc.) must be approved and shall be obtained.
Please contact me at (772) 462-1580 if you should have any questions.
S' every,
Jeff Johnson
Senior Planner
cc: Cathy Townsend
3601 North A1A
Fort Pierce, FL 34949
CHRIS DZ,ADOYSRY, District No. i • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, Dimict No. 5
County Adminlatrator -Faye W. Outlaw, MPA WebsRe: www.silttdeoo.aov
2300 Virginia Avenue -Fort Pbrce, FL 34982-5652
GROWTH MANAGEMENT -Phone (772) 482-2822 FAX (772)462-1681