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HomeMy WebLinkAboutPDS-21-026 - Jorocky Beach House MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4882062 06/18/2021 02:17:53 PM OR BOOK 4633 PAGE 832-886 Doc Type:ORD RECORDING: $44.00 PDS 2021 -026 CUMn-3202125997 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR ADJUSTMENT TO A CONDITIONAL USE PERMIT FORMERLY KNOWN AS THE MELLON PATCH INN, TO BE KNOWN AS JOROCKY BEACH HOUSE LOCATED AT 3601 N. HIGHWAY A1A ON HUTCHINSON ISLAND, FLORIDA WHEREAS, the St. Lucie County Planning&Development Services Director has reviewed the application for a Minor Adjustment to change the ownership and name of a Conditional Use Permit and made the following determinations: Jose & Raquel Salcedo of Jorocky Beach House, LLC. petitioned the Planning & Development Services Director for a Minor Adjustment to change the name of an existing Conditional Use Permit formerly known as the Mellon Patch Inn. The subject property is located at 3601 N. Highway A1A, Hutchinson Island within the HIRD(Hutchinson Island Residential District)Zoning District, as described in Paragraph B below. 2. This Minor Adjustment to change the ownership and name of a Conditional Use Permit authorizes the continued use of the four-room Tourist Court in accordance with Section 11.07.05 of the Land Development Code, reaffirming required improvements to offer limited special events accessory to the Tourist Court, as described in Paragraph A below. 3. On November 24, 1992, the Board of County Commissioners, after a public hearing, adopted Resolution No.92-254 which granted Conditional Use approval to Andrea I. Mellon to operate a Bed and Breakfast Inn. 4. On March 13, 2007, the Board of County Commissioners, having heard comments regarding operation of the commercial lodging establishment as approved in Resolution No. 92-254, on the property known as the Mellon Patch Inn, held a public hearing on April 17, 2007 regarding the revocation or the modification of the Conditional Use Permit CU92-009. The hearing was continued 5. On November 6, 2007, the Board of County Commissioners, after a public hearing, adopted Resolution No.07-054 revoking the Conditional Use Permit for the Mellon Patch Inn, effective May 5, 2008, finding that there was proof of adverse effect on adjacent properties which negatively impacted the character of the neighborhood because of traffic conditions, parking, noise and other matters affecting the public health, safety and general welfare. 6. On May 6, 2008, the Board of County Commissioners after a public hearing, adopted Resolution No.08-093, granted a Conditional Use Permit to allow for the operation of a four-room Tourist Court in the HIRD (Hutchinson Island Residential District) Zone at the location described in Paragraph B with the limiting conditions found in Paragraph A, below. 7. On December 8, 2009, the Planning & Development Services Director authorized a Minor Adjustment to a Minor Site Plan (SPMn 620081492)for the Bed and Breakfast/Tourist Court. The File No.: CUMn-3202125997 PDS Order 2021-026 Page: 1 Adjustment provided for the construction of a pervious parking lot, revisions to the stormwater retention area and modifications to the landscape buffering. 8. On December 8, 2009, the Public Works Department issued a Stormwater Permit for the required parking and stormwater improvements referenced in Paragraph A, however the improvements remain incomplete. 9. On March 4, 2021, Jorocky Beach House, LLC. acquired the property described in Paragraph B, and subsequently filed the subject request. 10. The project is generally consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code. 11. The project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 12. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 13. The project will be operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.07.05(E)(2) of the St. Lucie County Land Development Code, the proposed Minor Adjustment to change the name of a Conditional Use Permit formerly known as Mellon Patch Inn, shall now be known as Jorocky Beach House is hereby approved by the St. Lucie County Planning&Development Services Director on the property described in Paragraph B, subject to the following conditions of approval: 1. The permitted Conditional Use as a Tourist Court shall be limited to a use of a Bed and Breakfast Inn and shall not be used as a hotel/motel or restaurant/bar. The use shall be subject to the following modified requirements of Section 7.10.20, Bed and Breakfast Residences: a. Only a singular sign, for the purposes of identification (no advertisement), shall be permitted. The identification sign shall not exceed 32 square feet in area and shall not be illuminated. b. The maximum number of guest rooms is four(as required by density regulations in the HIRD Zoning District for the total acreage on the subject parcel.) c. One off-street parking space, at minimum, shall be provided per guest room for room rental uses. All off-street parking shall meet the minimum design criteria of Section 7.06.00. d. No food preparation or cooking shall be conducted within any bedroom nor other individual rented rooms. Meals shall only be provided to overnight guests unless provided by a professional caterer to invited guests. e. The exterior of the structure shall not be altered from its single-family character. f. Guests are limited to a length of stay no longer than 30 consecutive days. 2. The applicant shall submit a complete the improvements authorized by the Minor Adjustment File No.: CUMn-3202125997 PDS Order 2021-026 Page: 2 to a Minor Site Plan application granted by the to Growth Management Director per Section 11.02.5.E of the County's Land Development Code and must be approved by the Growth Management Director This adjustment shall include encompasses the additional parking(including grass parking or other pervious paving system, if approved by County Engineer) required for the limited events conditioned in this document, the modified stormwater retention area, as well as increased landscape buffers between the commercial establishment and the adjacent residential property, as well as along the public rights-of-way, per Sections 7.09.04.A, 7.09.04.E and 7.09.04.E of the Land Development Code. a.The applicant shall reactivate the Site Development Permit associated with the submit an application for approved, and/or a modified, Minor Adjustment to a Minor Site Plan within 9030 days of the date of this Order Resolution. b. Once approved by the Growth Management Director,the applicant shall satisfactorily complete all improvements within 180120 days of the Growth Management Director's approval. In the interim a shared narking agreement acceptable try the required improvements. The applicant shall be responsible for transporting guests between the off site parking facility and the Inn.The shared parking agreement may continue to be utilizer! once rein ired site improvements ha a been completed for .., .,� ..,.��.. may,., �r�.,..,�� overflow parking. c. The stated improvements shall be completed, and certified by St. Lucie County, prior to issuing a Zoning Compliance that permits limited special events referenced herein. 3. The following additional conditions shall be placed on all events held at the Jorocky Beach House : a. All events shall be invitation-only with a guest list. Examples include: Wedding Showers, Weddings, Baby Showers, Anniversary Parties, Birthday Parties. Open invitations are not allowed. If an event is advertised to the public, preregistration is required. No guest list or preregistration shall exceed 40 individuals. b. No more than 40 guests shall be allowed at any event; c.There is no limit on number of events that may be hosted (Note: Simultaneous events shall not have a cumulative guest total exceeding 40); d. No outdoor music with any amplifier system is acceptable. Live, acoustic, unamplified music is acceptable, (e.g.: a string quartet). This would not prohibit the playing of a wedding processional or recessional on a small home stereo system.All music must meet the requirements of the St. Lucie County Noise Ordinance; e. All outdoor events will end no later than 8:00 p.m.; f. All guests not staying at the Inn will be off premises no later than 9:00 p.m. and; g. Alcohol is permitted at events if brought by guests for their own use. The Mellon Patch Inn Jorocky Beach House shall not provide alcohol to non-resident/resort guests but may provide alcohol to guests staying in a guest room at the inn if properly licensed. This would not preclude the guests from hiring a caterer to provide alcohol at the event. 4. No non-residential use shall be allowed unless specifically permitted pursuant to the resolution. File No.: CUMn-3202125997 PDS Order 2021-026 Page: 3 5. Prior to initiation of any clearing activities or soil disturbance, a vegetation removal permit or exemption shall be required. 6. Prior to certification of additional parking associated with SPMn 620081492, a landscape inspection to confirm compliance with the approved Landscape Plan shall be required. Editor's Note:Additions Underlined&Deletions ask through B. The property on which this Minor Adjustment to an approved Conditional Use Permit is being granted is described as follows: Legal Description: 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. Together with: 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 No.1 and the centerline of Jackson Way, a distance of 203.75 feet, 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 Corner 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 0.064±Acres. Location: 3601 N. Highway A1A, Hutchinson Island, FL 34949 Parcel ID#: 1423-802-0001-000-1 C. The approvals granted by this administrative order shall expire within one year, unless a Certificate of Zoning Compliance for a Business Tax License is secured within 12 months from the date of approval, or an extension is granted in accordance with the provisions of Section 11.07.05(F) of the St. Lucie County Land Development Code. D. The developer is advised as part of this Minor Adjustment approval for Jorocky Beach House, including any successors in interest, the developer shall obtain all applicable development permits and construction authorizations from the appropriate state and federal and local regulatory agencies including, but not limited to,the United States Army Corps of Engineers,the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on File No.: CUMn-3202125997 PDS Order 2021-026 Page: 4 the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law E. The conditions set forth in Paragraph A are an integral non-severable part of the Conditional Use Permit approval granted by this administrative adjustment. If any condition set forth in the PDS Order is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with the condition, the Conditional Use Permit approval granted shall become null and void. F This Conditional Use Permit Adjustment shall be deemed to authorize only the particular use for which it was issued and shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of twelve (12) consecutive months. G. A copy of this Order shall be placed on file with the St. Lucie County Planning & Development Services Director and mailed to the developer and agent of record as identified on the applications. H. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the ' III( day of �u1JL , 2021. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. CIE COUNTY, FLORIDA BY Leslie Olson, ICP APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney File No.: CUMn-3202125997 PDS Order 2021-026 Page: 5