HomeMy WebLinkAboutRESOLUTION NO 08-0931
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EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3211965 05/27/2008 at 01:34 PM .
- OR BOOK 2977 PAGE 1522. 1529 Doc Type: RESO
RECORDING: $59.50
SCANNED
BY
St. Lucie County T
RESOLUTION NO. 08=093
FILE NO.: CU 320081432
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. OF ST.
LUCIE COUNTY, FLORIDA, GRANTING THE MELLON PATCH INNA
CONDITIONAL USE PERMIT TO ALLOW FOR A FOUR -ROOM TOURIST
COURT WITH LIMITED SPECIAL EVENTS IN THE HIRD (HUTCHINSON
ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT FOR PROPERTY
LOCATED AT 3601 N A1A IN ST. LUCIE COUNTY, FLORIDA.
NHEREAS,.the Board of County Commissioners of St. Lucie County, Florida, based on
he testimony and evidence, including but not limited to the staff report, has made the
ollowing determinations:
1. The Mellon Patch Inn has petitioned fora Conditional Use Permit to allow for
the operation of a four -room tourist court with limited special events in the
HIRD (Hutchinson Island Residential District) Zoning District for property
described in Part B below and depicted in Exhibit "K.
2. On November 24, 1992, the Board of County Commissioners, after a public
hearing adopted Resolution No.92-254, granting Conditional Use approval to
Andrea I. Mellon to operate a Bed and Breakfast Inn in the HIRD (Hutchinson
Island Residential District) Zoning District.
3. On April 17, 2007, the Board of County Commissioners held a public hearing
regarding possible modification or revocation of the Conditional Use Permit for
the Mellon Patch Inn. The Public Hearing was continued to May 15, 2007
when the Board agreed to have Chairman Craft meet with the business owner
and the neighbors.
4. 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.
5. On April 17, 2008, the St. Lucie County Planning and Zoning Commission held
a public hearing on the petition, after publishing notice of least 10. days priorto
the hearing. and notifying by mail all owners of property within 500 feet of the
subject property, and recommended that the Board of County Commissioners
May 6, 2008 Resolution No. 08-093
File No.: CU 320081432
Page 1
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I 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.
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5 6. On May 6i 2009 the Board of County Commissioners held a public hearing
ng on
6 the petition, after publishing 1 notice of such hearing and. notifying by mall.all
7 owners, of property Within 500,feet of the subject property.
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9 7. The proposed Conditional Use is consistent with the goals; and
10 policies of theSt. Lucie County Comprehensive Plan and has satisfied the
11 requirements of Section 11.,07.03 of the St. Lucie County Land. Development.
12 Code.
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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.,
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19 9. The applicant has applied for Condurrency 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.
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May 6, 2008
File No.: CU*320081432
Page 2
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NOW, THEREFORE,BE IT RESOLVED by the Board,of.County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.07.05 of the St. Lucie County Land Development Code,
a Conditional Use Permit to allow for the operation of a four -room tourist court in
the HIRD (Hutchinson Island Residential District) Zoning at the location
described in Part B, is hereby approved with the following limitinga ndittarl•8Pl
1. The permitted Conditional Use as a tourist court shall be I mieccft %%_S'e ova
9 sd-and1 687eakia§t,'E1nn 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. Identification sign shall not exceed 32 square feet in
area and shall not be illuminated.
b. The axi rribefsi5f'g6est�ooms'i-fddr--(as required. by density
regulations in the HIRD Zoning District for the total acreage on the
subject parcel.) I'
c. One off-street parking space 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 longerthan 30 consecutive days.
2.. The applicant shall submit a Minor Adjustment to a Minor Site Plan
application to Growth,.Management.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 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 andthe adjacent residential property,
as well as along the public rights -of -way; per:Sections 7.09.04.A, 7.09.04.B
and 7A9.04.E of the Land Development Code.
a. Applicant shall submit an application for Minor Adjustment to a Minor Site
. Plan within 30 days of the date of this Resolution.
b. Once approved by the Growth Management Director, the applicant shall
satisfactorily complete all improvements within 120 days of.the Growth
Management Director's approval. In the interim, a shared parking
May 6, 2008
File No.: CU 320081432
Page 3
Resolution No. 08-093
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agreement, acceptable to the Growth Management Director, may be
'utilized by the applicant for event parking during the Site Plan review,
approval, permitting, construction ` and inspection . of 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 utilized once required site improvements
have been completed for overflow. parking!
3. The following additional conditions shall be placed on all events held at The
Mellon Patch Inn:
a. Ali events shall be invitation -only with a guest list.. Examples include:
Wedding Showers;' Weddings, Baby Showers, .Anniversary nParties,
Birthday Parties. Open invitations .are not allowed If'an event is
advertisedto. 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;
d. No.outdoor music with any amplifier §ystem is acceptable: Live, acoustic,
unamplified.musicis 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 meetthe' requirements of the St.
Lucie'County Noise Ordinance;
e. _ All.outdoor events will end no later than 8.:00,
I. 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 bygUests for their'own use. The
Mellon Patch Inn, shall not provide alcohol to non-resident 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 atthe event.
4. . No non-residential use shall be allowed unless specifically, permitted
pursuant to the resolution.
May 6, 2008 „
File No.: CU 320081432
Resolution .No. 08-093
Page 4
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2 B. The property on which this Conditional Use. Permit is being approved is
3 described as follows:
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5 Parcel1:
6 Tract A, COASTAL COVES UNIT NO.1, according to the Plat thereof, recorded
7 in Plat Book 10, Page 71, Public Records of St. Lucie County
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9 Parcel2:
10 BEING the Easterly Portion of the Waterway at the North end of Coastal Coves
11 Unit No.1 as recorded in Plat Book 10, Page 71 of the public records of St Lucie
12 County, Florida
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14 MORE PARTICULARLY DESCRIBED AS:
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16 "'COMMENCE at the Centerline Intersection of,State. Road A1A and Jackson
17 Way, run N90000'00"W, to a point intersecting the West line of Tract "A",
18 COASTAL COVES UNIT NO.1 and the centerline of Jackson Way, a distance of
19 203:75 feet, -thence run N21 ° 39'00"W, along the extension of the west lot line of
20 said Tract "A", to the North right of way of Jackson Way, a distance of 26.90
21 feet, thence continue N21 °. 30`00"W, along the said west lot line of Tract "A", a
22 distance of 130.31 feet to the POINT OF BEGINNING. Thence run N89017'00"
23 W along the South. Line of Waterway, a distance of 23.4.8 feet, thence run
24 N27055'32"W, a.distance of.50.47 feet, thence run N41 °57'36"W, to a point on
25 the North line, of Waterway, e.distance of 55.37 feet, thence run S89°17'00"E
26 along the North line of Waterway to the Northwest Comer of..said Tract "A", a
27 distance of 50.22 feet, Thence run S21 °39'00", along the West line of said Tract
28 "A", a distance of 91.91 feetto the POINT OF BEGINNING: Said Land Contains
29 0.064±A6res.
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32 Location: . 3601 North Highway A1A
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34 Parcel, ID No.: 1423-802-0001-000/1
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36 C. This Conditional Use Permit approval shall expire on May 6, 2009, unless a
37 zoning compliance is obtained or the,permit is extended upon application to the
38 Board of County Commissioners in accordance with Section 11.00,04, St. Lucie
39 County Land Development Code.
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May 6, 2008
File No.: CU 320081432
Page 5
Resolution No..08-093
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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 3.20081432
gair
Ei
APPROVED AS TO FORM
AND CORRECTNESS: .
Page 6
Resolution No. 08-093