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Home My WebLink About05-139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION 05-139 FILE NO.: CU05-003 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A FAMILY RESIDENTIAL HOME WITHIN A 1,000 FOOT RADIUS OF ANOTHER SUCH FAMILY RESIDENTIAL HOME IN THE RS-4 (RESIDENTIAL, SINGLE FAMILY - 4 DU/ACRE) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA 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: 1. Maraaret Bennett presented a petition for a Conditional Use Permit to allow for the operation of a Family Residential Home within a 1,000 foot radius of another such Family Residential Home in RS-4 (Residential, Single Family - 4 du/acre) Zoning District, depicted on the attached maps as Exhibit "B" and described in Part "B" below. 2. On April 21 , 2005, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to 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 approve a conditional use permit to allow for the operation of a Family Residential Home within a 1000 foot radius of another such Family Residential Home in the RS-4 (Residential, Single Family - 4 du/acre) Zoning District for the property depicted on the attached maps and described in Part B below. 3. On May 17, 2005, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 5. The proposed Conditional Use 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. 6, The proposed Conditional Use will be serviced by adequate public facilities and services. File No.: CU-05-003 May 17, 2005 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY at 04'24 PM FilE # 2639645 06/06IE2~9 _ 2196 Doc Type: RESO OR BOOK 2263 PAG RECORDING: $69.50 Resolution 05-139 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 7. A Certificate of Capacity as required under Chapter V. St. Lucie Land Development Code, a copy of which is attached to this resolution as Exhibit "A", was granted by the Growth Management Director on May 17, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for Margaret Bennett to allow for the operation of a Family Residential Home within a 1000 foot radius of another such Family Residential Home in the RS-4 (Residential, Single Family - 4 du/acre) Zoning District is hereby approved for the property owned by Margaret Bennett and described below, subject to the following condition: The Family Residential Home shall be limited to a maximum of 3 (three) clients. B. The property on which this conditional use permit is being granted is described as follows: SHERATON PLAZA - UNIT FOUR REPLAT LOT 246 (Property Tax ID# 1432-807- 0004-000/5) (Location: 3004 Anderson Drive, Fort Pierce) C. This Conditional Use Permit approval shall expire on May 17, 2006, unless a zoning compliance is obtained or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. D. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Margaret Bennett, including any successors in interest, shall obtain all necessary permits and authorizations from the appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. E. This conditional use permit is not assignable. Should Margaret Bennett choose to assign this conditional use to another group care home facility, the new operator shall be required to obtain a major adjustment to a conditional use permit to allow its continued operation at this location. F. The Certificate of Capacity, a copy of which is attached to this resolution as Exhibit "A", shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. File No.: GU-05-003 May 17, 2005 Resolution 05-139 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 G. The St. Lucie County Growth Management 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: Chairman Frannie Hutchinson AYE Vice-Chairman Doug Coward AYE Commissioner Paula A. Lewis AYE Commissioner Joseph E. Smith AYE Commissioner Chris Craft AYE PASSED AND DULY ADOPTED This 1ih Day of May 2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA // .../~'- ..._-,,-... /' . / ') /---. -.:'. / I '-~/ BY / ~:/;)f)'/"YYYÌPG~~·~7Þli]')r.:.' Chairman '-'n.._·· ATTEST: APPROVED AS TO FQ . AND CORRECTNES, ,t·( lap H:\PLANNING\CU05-003 Bennett RES.doc File No.: CU-05-003 May 17, 2005 Resolution 05-139 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Exhibit A Certificate of Capacity File No.: CU-05-003 May 17, 2005 Resolution 05-139 Page 4 St Lucie County Certificate of Capacity Date 5/17/2005 Certificate No. 2092 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Conditional Use Permit - Margaret Bennett Number of units 0 Number of square feet 2. Property legal description & Tax ID no. 1432-807 -0004-000/5 3004 Anderson Drive 3. Approval: Buildinç¡ Resolution No. 05-139 Letter 4. Subject to the following conditions for concurrency: See Resolution 05-139 Owner's name Margaret Bennett Address 3004 Anderson Drive Fort Pierce FL 34946 6. Certificate Expiration Date 5/1712006 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed ~~, /2;dØ)¿¡~ »8te:5/2312005 J/r'r1 ~rowth Management Director U ~t Lucie County, Florida Monday, May 23, 2005 Page 1 of2 1 2 3 4 5 6 7 8 9 . 10 . 11 12 13 14 15 16 17 Exhibit B General Location Map Area Subject to the Change in Zoning File No.: CU-05-003 May 17 , 2005 Resolution 05-139 Page 5 Ll) ...... 0 ...... r::\ 0 <J.) N c:: ~ c0 Z.~ ,) c:: ('t) t / [ N 0 0 .J:: <J.) .. ¡ (,) .... a::l 0 ro I ~ ~ ...... L() 'tJ <J.) 0 Q) .~ ~ .... ~ ro CO ::> 0.. Q) C') ~ .... () 0.. ~ ~ 0.. CO ro ~ ~ .2:- c :J 8 :;; > iŸ c co '5 .!: 1::5 Q) .g¿, e ..ern :::Ja.. U) puo'tj UWu$ i . ! ~ IRUR:) H.pU~H ¡RUR:) ~Z·:J co CD .2:- c :J o (,) c 1:: co ::E pJ:jaUnUURI:j Á¡U no:) aaqo4:Jaa~o · , A petition of Margaret Bennett for a conditional use permit to allow a Family Residential Home within a radius of 1000 feet of another such family residential home. .......... Canal ~\ ~ ~ ANDERSON DR -~~ Vl..-- - * I L/ 0::: \-' -1 0 I- ~ir -¡-; I- UJ Z Z UJ ca HAll DR f ~NGSTON OR ~ o z ~ ,/ Ô :J J z 0::: 0::: UJ « I- CI) V KINGSLEY DR 0::: 0 >< UJ CI) CI) UJ CU 05-003 ~ Subject property 5è~~a,~>", N A * GIS =---.>--=- Existing Managed Care Facility Map prepared March 23, 2005