HomeMy WebLinkAbout08-144
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
4S
46
, (\.
\. \~\t' 5 {e., btl\ 1)
~, tn<ó·
etZ-l>
(\ SUfI[.
\...ð·
ty\-t13
fí~'
fat
RESOLUTION NO. 08-144
FILE NO.: SPMJ 06-005
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY GRANTING
MAJOR ADJUSTMENT TO A MINOR SITE PLAN APPRovAL
AND MAJOR ADJUSTMENT TO A CONDITIONAL USE
PERMIT FOR THE PROJECT TO BE KNOWN AS LIBERTY
BAPTIST CHURCH MAJOR SITE PLAN lOCATED IN THE I
(INSTITUTIONAL) ZONING DISTRICT, FOR PROPERTY AT
3660 WEST MIDWAY ROAD, 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:
SITE PLAN
1. Edlund. Dritenbas. Binklev Architects and Associates. P.A. presented a petition on behalf
of Liberty Baptist Church, Inc. for Major Adjustment to a Minor Site Plan approval for the
project to be known as Liberty Baptist Church Major Site Plan allowing for an additional
8,920 square feet to the existing 21,087 square foot religious and educational facility for a
total of 30,007 square feet of space for property located at the northeast corner of West
Midway Road and Dunn Road in the I (Institutional) Zoning District for the property
described in Paragraph C.
2. The Development Review Committee has reviewed the site plan for the proposed project
and found it to meet minimum technical requirements of the St. Lucie County Land
Development Code and to be consistent with the future land use maps from the St. Lucie
County Comprehensive Plan.
3. The proposed project is consistent with the general purpose, goals, objectives, and
standards of review of the St. Lucie County Land Development Code, the St. Lucie County
Comprehensive Plan, and the Code of Ordinances of St. Lucie COUlity.
4. The proposed 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.
5. 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.
6. The proposed project will be constructed, arranged and operated so as not to interfere with
the development and use of neighboring property, in accordance with applicable district
regulations.
FileNo: SPMJ-06-005
JUly 15, 2008
Resolution No. 08-144
Page 1
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 323881207/30/2008 at 03:44 PM
OR BOOK 3000 PAGE 1071 -1081 Doc Type: RESO
RECORDING: $95.00
1
2 7. The proposed project will be served by adequate public facilities and services.
3
4 8. The applicant has applied for and received a certificate of capacity, a copy of which is
5 attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land
6 Development Code.
7
8 CONDITIONAL USE PERMIT
9
10 9. Dr. W. L. Coolev. Pastor of Libertv Baptist Church requested a Major Adjustment to an
11 existing Conditional Use Permit to allow the addition of an 8,920 square foot education
12 building consisting of thirteen (13) classrooms to the existing 21,087 square foot religious
13 and educational facility for a total of 30,007 square feet of space for property located at the
14 northeast corner of West Midway Road and Dunn Road ín the I (Institutional) Zoning
15 District for the property described in Paragraph C.
16
17 10. On August 16, 2001, the St. Lucie County Planning and Zoning Commission held a public
18 hearing on the petition, after publishing notice at least 10 days prior to the hearing and
19 notifying by mail all owners of property within 500 feet of the subject property, and
20 recommended that the Board of County Commissioners approve the hereinafter described
21 request for a Conditional Use Permit in the I (Institutional) Zoning District for the property
22 described in Part A below.
23
24 11. On September 18, 2001, this Board held a public hearing on the petition, after publishing a
25 notice of such hearing and notifying by mail all owners of property within 500 feet of the
26 subject property. The Board continued the public hearing on this matter until October 2,
27 2001.
28
29 12. On October 2,2001, the Board approved Resolution 01-136 for a Conditional Use Permit
30 to allow educational services as an accessory use to a religious facility in the I
31 (Institutional) Zoning District.
32
33 13. On July 15, 2008, This Board held a public hearing on the petition, after publishing a notice
34 of such hearing and notifying by mail all owners of property within 500 feet of the subject
35 property.
36
37 14. The proposed Major Adjustment to the existing Conditional Use Permit is consistent with
38 the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has
39 satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development
40 Code.
41
42 15. The proposed project will not have an undue adverse effect on adjacent property, the
43 character of the neighborhood, traffic conditions, parking, utility facilities, or other matters
44 affecting the public health, safety, and general welfare.
45
46 16. The proposed project will be serviced by adequate public facilities and services.
FileNo: SPMJ-06-005
July 15, 2008
Resolution No. 08-144
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
WAIVER
17. Dr. W. L. Coolev, Pastor of Liberty Baptist Church requested a waiver from Section
7.09.04(E) ofthe St. Lucie County Land Development Code that provides fór a six (6) foot
high masonry wall or opaque wood fence between institutional or religious facility usés and
residential uses.
18. The requirement for this perimeter masonry wall or opaque wood fence may be waived by
the County Commission if it has been shown to the satisfaction of the County Commission
that the adjoining properties owners have no objection.
19. After consideration of the testimony presented during the July 15, 2008, public meeting,
including staff comments and the standards of review for granting a waiver as set out in
Section 7.09.04(E), St. Lucie County Land Development Code, the Board of County
Commissioners has made the following determination:
1. The letters presented, signed by the adjacent property owners to north
and northwest of the Liberty Baptist Church Major Site Plan, indicate
their desire not to have the required masonry wall or opaque wood
fence constructed along their property line.
2. The waiver granted meets the general spirit and intent of the St. Lucie
County Land Development Code and the St, Lucie County
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
SITE PLAN
A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Coçle, the site
plan for the project known as Liberty Baptist Church Major Site Plan, is hereby approveq
as shown on the site plan drawings for the project prepared by Edlund, Dritenbas, Binkley
Architects and Associates, P.A.., dated, April 21 , 2007, and date stamped received by the
St. Lucie County Growth Management Director on October 19, 2007, for the property
described below, subject to the following conditions:
1. Prior to approval of a Notice of Vegetation Removal, the applicant $hall have
obtained waivers from the BOCC for the required fencing along their north
and northwest perimeters per Section 7.Q9.04.E.
2. Prior to approval of a Notice of Vegetation Removal, the applicant shall
provide ERD with a revised Landscape Plan, incórporating the following:
a. Perimeter land$caping along the entire eastern property line as required
FileNo: SPMJ-06-005
July 15, 2008
Resolution No. 08-144
Page 3
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
per Section 7.09.04.E.
b. Replacement of the Category 2 Invasive Exotic, Eleagnus pungens, with
a native or non-invasive exotic hedge species.
c. Square footage of landscaped courtyard areas, demonstrating that
sufficient alternate landscape area has béen provided to compensate for
hedging lacking along the powerline easement and the western
perimeter. If the courtyard areas do not provide sufficient compensatory
landscaping, additional hedges may be planted in the site's northwest
corner, around the new retention area, or in another suitable location.
3.
Prior to the issuance of a Certificate of Occupancy the developer of this
project shall provide a dedicated corner clip, as shown on the site plan, at the
intersection of West Midway Road and Dunn Road. To the extent permitted
under the County's Code and Compiled Laws, any such dedication may be
considered eligible for Road Impact Fee Credits.
4.
As a result of traffic generated from this development along West Midway
Road, the Road Impact Fees collected when the building permit is issued
shall be ~ssigned to a specific finance account for the future improvements
for West Midway Road.
5.
Pursuant to Section 11.02.08(A) (6) of the S1. Lucie County Land
Development Code, no work shall commence on the site until all regulatory
permits required from Federal, State, and regional agencies ~nd special
districts have been issued. The Florida Department of Environment~1
Protection, National Pollutant Discharge and Elimination System compliance
notice must be submitted to the County Engineer with the constructible site
plan at the time of building permit application or during permit review or no
paving, grading, and drainage permit and no building permit shall be issued.
All National Pollutant Discharge and Elimination System 8est Management
Practices shall be instituted on the site prior to site clearing and maintained
daily. Stormwater ponds shall be roughed in at the same time the site is
cleared of gfoundcover.
6.
This Development Order shall be recorded in the Public Records of S1. Lucie
County, Florida, in order to provide constructive legal notice of development
conditions that run with the land.
7.
The Code Compliance Manager shall receive a copy of this Development
Order and the site plan it approves and shall not approve any building
permits that do not implement or are not consistent with this Development
Order and the plans hereby approved.
8.
Pursuant to Section 7.06.02(8)(3) of the Land Development Code the total
number of parking spaces shall be allowed to be reduced by 5% for the
purpose of allowing the shared use of parking spaces at different times ofthe
day as follOws: Educational Services; 8:00 AM until 3:00 PM, Monday thru
FileNo: SPMJ-06-005
July 15, 2008
Resolution No. 08-144
Page 4
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
4Q
41
42
43
44
45
46
Friday and the Church; all other hours. In the event that this use is ever
changed or expanded the property owner shall return to the Board of County
Commissioners for a Development Order Amendment.
9. Consistent with the. Liberty Baptist Church Traffic Impact Report created by
Susan O'Rourke, P.E. and the Site Plan designed by i::dlund, Dritenbas,
Brinley Architects and Associates, P.A. dated April, 2007 the maximum
number of students to be provided education at this location will be 400
students. The school enrollment shall not be allowed to exceed 400 students
without an updated traffic report. Should the student enrollment exceed 400
students the property owner shall return to the Board of County
Commissioners for a Development Order Amendment.
CONDITIONAL USE PERMIT
B. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Major
Adjustment to an existing Conditional Use Permit for Liberty Baptist Church, Inc. to allow
for the addition of an 8,920 square foot education building consisting of thirteen (13)
classrooms to the existing 21 ,087 square foot religious and educational facility for a total of
30,007 square feet of space for property located at the northeast corner of West Midway
Road and Dunn Road in the I (Institutional) Zoning District, is hereby, granted for the
property describéd in Paragraph C.
C. The property on which this Major Site Plan and Major Adjustment to an existing
Conditional Use Permit is being granted is described as follows:
PARCEL 1: FROM THE NORTHWEST CORNER OF LOT 92, WHITE CITY
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 1, PAGE 23, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, RUN
THENCE EAST ALONG THE NORTH LINE OF SAID LOT, 235 FEET FOR POINTE
OF BEGINNING; THENCE CONTINUE EAST 210 FEET; THENCE SOUTH
PARALLEL WITH THE WEST LOT LINE 623.02 FEET, MORE OR LESS, TO THE
NORTH RIGHT OF WAY LINE OF MIDWAY ROAD; THENCE WEST 210 FEET;
THENCE NORTH ÞARALL~L WITH THE WEST LOT LINE 620.70 FEET, MORE
OR LESS TO THE POINT OF BEGINNING; LESS TO ROAD RIGHT OF WAY AS
IN O.R. BOOK 235, PAGE 813.
PARCEL 2: FROM THE NORTHWEST CORNER OF LOT 92 WHITE CITY
SUBDIVISION, ACCORDING TO THE Pl.-AT THEREOF, AS RECORDED IN PLAT
BOOK 1, PAGE 23, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; RUN
THENCE EASt 15 FEET; THENCE SOUTH PARALLEL WITH THE WEST LOT
LINE 409 FEET FOR POINT OF BEGINNING; THENCE RUN EAST 2~0 EAST;
THENCE SOUTH PARALLEL WITH WEST LOT LINE 211.70 FEET TO THE
NORTH RIGHT OF WAY OF MIDWAY ROAD; THENCE WESt ALONG RIGHT OF
WAY 220 FEET, MORE OR LESS TO THE RIGHT OF WAY OF DUNN ROAD;
FileNo: SPMJ-06-005
July 15,2008
Resolution No. 08-144
Page 5
1 THENCE NORTH ON RIGHT OF WAY 209.26 FEET, MORE OR LESS TO THE
2 POINT OF BEGINNING; LESS TO ROAD RIGHT OF WAY AS IN O. R. BOOK 235,
3 PAGE 813.
4
5 (TAX 10#: 3403-502-0156-100/6)
6 WAIVER
7
8 D. The approval and authorization granted by this Resolution for the purpose of ~ waiver
9 pursuantto Section 7.09.04(E) ofthe St. Lucie County Land Developmentforthe northern
10 and northwest boundary property lines of the Liberty Baptist Church, Inc. Major Site Plan
11 shall be valid for the same period as this order. If this order expires or otherwise
12 terminates, the waiver shall automatically terminate.
13
14 E. The approvals and authorizations granted by this Resolution for the purpose of obtaining
15 building permits on this property shall expire on July 15, 2010, unless the developer has
16 obtained building permits for the site plan described in Paragraph A or an extension has
17 been granted in accordance with Section 11.P2.06, St. Lucie County Land Development
18 Code.
19
20 F. The Final Site Plan approval and Major Adjustment to existing Conditional Use Permit
21 granted under this resolution is specifically conditioned to the requirement that the
22 petitioner, Liberty Baptist Church, Inc., including any sl,lccessors in interest, shall obtain all
23 necessary development permits and construction authorizations from the appropriate State
24 and Federal regulatory authorities, including but not limited to; the United States Army
25 Corps of Engineers, the Florida Department of Environmental Protection, and the South
26 Florida Water Management District, prior to the issuance of any local building permits of
27 authorizations to commence development activities on the property described in
28 Paragraph C.
29
30 G. A copy of this resolution shall be attached to the site plan drawings described in Paragraph
31 A, which plan shall be plaCed on file with the St. Lucie County Growth Management
32 Director.
33
34 H. The Certificate of Capacity, attached as ExhibIt A, shall be valid for the same period as this
35 Resolution. If this Resolution expires or otherwise terminates, the Certificate of Capacity
36 shall automatically terminate.
37
38 I. A copy of this Order shall be mailed, return receipt requested to the developer and agent
39 of record as identified on the site plan applications.
40
41 J. This Order shall be recorded in the Public Records of St. Lucie County.
42
43
44
45
46
FileNo: SPMJ-06-005
July 15, 2008
Resolution No. 08-144
Page 6
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
48
49
50
51
52
53
54
55
56
After motion and second, the vote on this resolution was as follows:
AYE
Chairman Joseph Smith
AYE
Vice-Chair Paula A. Lewis
AYE
Commissioner Doug Coward
AYE
Commissioner Chartes Grande
AYE
Commissioner Chris Craft
PASSED AND DULY ADOPTED this 15 Day of July, 2008.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Chairman
A ROVED AS TO FORM
AND CORRECTNESS:
ATTEST:
~
~ County Attorney
~ .~
lap
H:\WORD\PLANNING\Liberty Baptist Church\3.MajOl'r$tePlanRES.doc
Resolution No. 08-144
Page 7
FileNo: SÞMJ-06-005
July 15, 2008
St Lucie County
Certificate of Capacity
Date 7/15/2008 Certificate No, 2768
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 an additional 8,920 sq. ft. educational bldg
Number of units 4
Number of square feet 30,007
2. Property legal description & Tax ID no,
3403-502-0156-100/6
3660 West Midway Road
Liberty Baptist Church Major Site Plan
3, Approval: Building
Resolution No, 08-144
Letter
4, Subject to the following conditions for concurrency:
Conditions of Approval per Resolution No. 08-144 traffic concurrency determination is predicated on
school enrollment not exceeding 400 students. (see Site Plan, Condition 9)
Owner's name
Liberty Baptist Church, Inc.
Address
3660 West Midway Road
Fort Pierce FL 34982
6. Certificate Expiration Date 7/15/2010
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
~
Date: 7/17/2008
Growth Management Director
St Lucie County, Florida
Thursday, July 17, 2008
EXHIBIT D A
ø
Page 1 of2
IUI II
--
--
.?;>
<::
'"
o
U
....
~
ö:
<::
'"
i5
.£
.J::.
{,)
lo...
::J
.J::.
Ü
'"
00
o
o
N
«i
......
C/)
:,¡::;
a.
m
CO
Þ
lo...
OJ
~
....J
L()
o
o
I
<0
o
...,
~
a..
(j)
¿
zw~
~
~~
I
,j"
,~
11
.~' 1
I ~
<l;
\:{'<'¡
A< ~
V\<ลก.
w
m
;:¡
.?;>
~ §
0
" u
· peo~ UU!4S ~
. 0 ~
N ..
if> !E-
.
· I
0 0 p~ euB8 Jape8H I
·
0 " _I
if> ~l
"'
N "I
"
MI
NI
P>l peeus "j
I
I
¡BUBO 17G'"O I
I
·
~
·
~
0
·
Ò
00
<0
jBUeO El"-::)
A/uno:) aaqoqoaa>¡o
SPMJ 06-005
A petition of Liberty Baptist Church for a Major Adjustment to a Minor Site Plan to
add an additional 8,920 square foot educational building, a Major Adjustment to a
Conditional Use Permit to expand educational services, and a waiver from the fencing
requirements of Section 7.09.04(E) of the S1. Lucie County Land Development Code
75
89
90
76
.
#
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
·
·
·
·
·
88
91
500 ft.
·
·
·
·
.
.
.
.
.
.
.
..
102 .. .. .. .. . .
105
~ Subject property
.- . . . .
. . 500 ft. notification area
.......
77
78
79
'( ..................
.. 0 87 · .
. ~ .
· z .
z
.::>
o
o
~
Z
ill
C/),
z·
ill
1-'
C/):
~
I'
o
.
.
.
.
.
.
· 4
·
·
·
·
·
·
·
·
~3
·
·
·
·
·
W MIDWAY RD
NSLRDD CANAL NO. 103
·
·
.
.
.
.
.
99
101
.
..
100
.........
108
o
~
z
z
::>
o
$:
z
(")
»
z
~
106
I·:·::·¡·~·:¡!·ns/::··:l City of Port St. Lucie
":-:.":.::.,: ."::
N
5/74~~~~
(irO'Wtli !Mano,gement ZJ'f,Partmenf
repared June 30, 2008
SPMJ 06-005
Liberty Baptist Church
^
x
x
x
X
x
x l
x
GIu~~1
x
x )< x
..
x 0 ..
x .. X 0
x .o~x x . 0:::
x . Gr~ª1I x ...
,2 2
:5X )< >< ^ . LU \
~ . C/)
~ oX x . 2
~ LU
" . l- I
x )< >< .. C/)
If . 0:::
. I'
I . (:)1
I X X x ì
.. x x
. 'x~
. y xx
Liberty Baptist Church Inc s~1
~
If
If ~~I;I
If
·
I
I
·
· 500 ft.
· ~~~~;D);;~
·
· .
· W MIDWAY RD
. I
. NSLRDD CANAL NO. 103 I
.:.!:(::':"::~:: \ .
. ~ --,
. ~ ~
II "0. .... ........ ,", ~
'.~'! .
. .
.
I\(~ . .
.. .. I I
..... .. . .-
. . . . . . . . . . . . .. ..
iì~~l~l~!1 0 ()
0::: _DANiELS_Sì-
2 ~
2 ~
:J
0
$ ~
2
::J~~t~t.:t:;J:!:I,1:::!; C..<J1k
~....~"" ~~
~~'!';¡ii¡~;·;;·:t·'::':~::i
...." .... ..... ......
IjX@; ~¡ ~
;~:/~::::;::~:'j~~::;;i} \
~ Subject property ----- Area of fence waiver
. . . . . ~ 5(;"~~~~ N
. . 500 ft. notification area No objection letter received A
, . . . .. {irtTWt'1Î :Mano¡¡ement' 2J'!,Partment
~
............ City of Port St. Lucie Mßp
::::::··.).:.~.:.t=::=.: ~\I A 81 prepared April 18, 2008
tA II!Il .D
-E-