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Home My WebLink About08-234 ;oo:!!C/)m m;or:þC °tllmz:E °O'll:-t- ;oOw Z º::l\Nr-3: ZW01C::· G)O::;!~." ~tntlm;u 01,,00.-< bì!)~g!;- o m ~ Z~ N¡:¡-tO ~~-<¡:;; c;o æ. :=a N~ " ~!'! 0 ....~ ." 0" -t 15S: ffi :;l 0 "C _ ~ ;u ;0 0 m c:: (Jl ::¡ o 0 o c:: ~ ~ k>', f1-% Ì1.tUtæ ivn·Sl<.ð Resolution No. 08-234 File No.: SPMJ 120081381 A RESOLUTION OF THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS GRANTING APPROVAL TO A MAJOR ADJUSTMENT TO A MAJOR SITE PLAN PROJECT KNOWN AS NEW HORIZONS OF THE TREASURE COAST WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. New Horizons of the Treasure Coast. Inc.. presented a petition for a Major Adjustment to a Major Site Plan project, known as New Horizons of the Treasure Coast, to add a 9.05 acre parcel and provide for the development of a 14,107 square foot building and improvements on land located on the north side of West Midway Road, approximately one-quarter mile west of Selvitz Road, in the I (Institutional) Zoning District for the property described below in Part B. 2. The Development Review Committee has reviewed the site plan modification for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the S1. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of the S1. Lucie County Land Development Code, the S1. Lucie County Comprehensive Plan and the Code of Ordinances of S1. Lucie County. 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. 7. The proposed project will be served water and sewer services by the Fort Pierce Utilities Authority (FPUA). September 2, 2008 File No.: SPMJ 120081381 Resolution No. 08-234 Page 1 8. The applicant has applied for and received a revised Certificate of Capacity Exemption, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: A. Pursuant to Section 11.02.04 of the S1. Lucie County Land Development Code, a Major Adjustment to an Approved Major Site Plan project known as New Horizons of the Treasure Coast is hereby approved to allow for the addition of a Children's Crisis Facility as depicted on the site plan drawings for the project prepared by Culpepper & Terpening Inc. dated December 28, 2007, subsequently revised through August 25, 2008, and date stamped received by the S1. Lucie County Growth Management Director on August 26, 2008, subject to the following conditions: 1. These conditional use site improvements and uses shall be consistent with the provisions of Resolution No. 08-150 granting Conditional Use Permit approval for the subject project. Major or minor revisions to the site plan may be made consistent with the County's Land Development Code. 2. Within 90 days of the approval of this resolution, the developers shall enter into an agreement to pay a fee in lieu of constructing the required sidewalk along Favorite Road. The fee shall be based on a approved engineers estimate utilizing the unit cost provided by the County Engineering Division. 3. Prior to issuance of a SLC Vegetation Removal Permit or Exemption, per LDC 7.09.04(E), the landscape plan shall be revised to include a continuous hedge along both the inside and outside of the entire 8 foot high wall along the eastern property line as depicted on the site plan graphics. 4. Prior to issuance of a Certificate of Occupancy, the applicant shall provide all required and executed S1. Lucie County conservation (or SFWMD) easements for the two wetlands onsite and associated 50 foot buffers, along with a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. No easement will be approved if there are modifications made to the S1. Lucie County or South Florida Water September 2, 2008 File No.: SPMJ 120081381 Resolution No. 08-234 Page 2 Management District (SFWMD) easement form without prior approval of the County Attorney and the Environmental Resources Department. 5. Within 90 days of site plan approval or prior to approval of a Notice of Vegetation Removal, whichever comes first, the applicant shall finalize an improvement agreement acceptable to the Environmental Resources Department covering the cost of landscaping. 6. All future site design and construction plans, including plans submitted for vegetation removal and building permits shall label all conservation areas on the property. 7. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall execute an improvement agreement for all required landscaping and tree mitigation, including on-site and off-site preservation and/or relocation. B. The subject property on which this site plan approval as described in Part A above are being granted is described as follows: LOT 13 OF THE NORTHEAST ONE-QUARTER OF, MODEL LAND COMPANY'S SUBDIVISION OF SECTION 6, TOWNSHIP 36, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 34, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; EXCEPTING THEREFROM, ALL RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. And; MODEL LAND CO'S SID OF 6-36-40 LOTS 9, 10, 11 AND 12 IN NE 1/4- LESS STRIP OF LAND L YG N OF AND ADJ TO S LI LOTS 9 TO 12 INCL BEING 62.4 FT ON W END AND 63.7 FT ON E END AND LESS A STRIP OF LAND ON W SIDE OF LOT 9 ADJ TO LOT 16 IN NW 1/4, SD STRIP BEING 76.36 FT ON N END AND 77.40 FT ON S END AND LESS W 744.61 FT OF E 2565 FT (AS MEAS AT RIGHT ANGLE FROM E SEC LI OF N 1/2 OF SO SEC 6) OF N 585 FT OF S 625 FT (AS MEAS ATRIGHT ANGLES FROM C/L MIDWAY RD) AND LESS AS IN OR 1058-1106 THRU 1109 (RD R/W FAVORITE RD AND MIDWAY RD)- (23.56 AC) (OR 945-214,217) (Location: On the north side of West Midway Road, approximately 1/4 mile west of Selvitz Road) September 2, 2008 File No.: SPMJ 120081381 Resolution No. 08-234 Page 3 GENERAL PROVISIONS C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from S1. Lucie County, and are not assigned to any other party or institution. Should the petitioners choose or decide to assign this business or property to another entity or individual, a major adjustment to the conditional use permit shall be required. D. The approvals and authorizations granted by this Resolution shall expire on September 2, 2009, unless a Building Permit or Zoning Compliance is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), S1. Lucie County Land Development Code. E. The approval and authorizations granted by this Resolution are specifically conditioned to the requirement that the petitioner, New Horizons of the Treasure Coast Inc., shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. F. The Certificate of Capacity Exemption, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use/Site Plan approval. Should the Conditional Use/Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the S1. Lucie County Land Development Code, a new Certificate of Capacity shall be required. G. The conditions set forth in Part A above are an integral nonseverable part of the Conditional Use/Site Plan approval granted by this Resolution. If any condition set forth in Part A are determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the Conditional Use/Site Plan approval granted by this resolution shall become null and void. H. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the S1. Lucie County Growth Management Director. The S1. 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 S1. Lucie County, Florida, and to make the notation of reference to the date of adoption of this resolution. September 2, 2008 File No.: SPMJ 120081381 Resolution No. 08-234 Page 4 After motion and second, the vote on this resolution was as follows: Chairman Joseph E. Smith AYE Vice-Chair Paula Lewis AYE Commissioner Chris Craft AYE Commissioner Charles Grande AYE Commissioner Doug Coward AYE PASSED AND DULY ADOPTED this 2nd day of September 2008. BOARD OF COUNTY COMM ST. LUCIE COUNTY, FLOIRDA ATTEST: September 2, 2008 File No.: SPMJ 120081381 Resolution No. 08-234 Page 5 Exhibit A CERTIFICATE OF CAPACITY EXEMPTION September 2, 2008 File No.: SPMJ 120081381 Resolution No. 08-234 Page 6 St Lucie County Certificate of Capacity Exemption Date 8/26/2008 Certificate No. 5022 This document certifies that concurrency wiflbe'·mefaad'tbatadequate public facility capacity exists to maintain the standards for leversofcservice as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Conditional Use and Site Plan Majror Adjustment Number of units Number of square feet 14,107 2. Property legal description & Tax 10 no. 3406-501-0020-0009 and 3406-50 1-00 14-5009(part of) 1/4 mi. Wt of Selvitz Road, N. side of Midway New Horizons of the Treasure Coast 3. Approval: Building 4. As.part of the development: Resolution No.. 08:'15Q&0&-23ietter 5. On property owned by New Horizons of the Treasure Coast, Ine; 4500 West Midway Road FortPieree FL 34981 ··is hereby granted a Certificate of Capacity Exemption according to the following Chapter(s}of the St. Lucie County Land Development Code: D 5.03.02(A) D 5.03.02(8)1 D 5.03.02(8)2 D 5.03.02(8)3 D 5.03.02(8)4 D 5.03.02(8)5 ~ 5.03.02(8)6 D 5.03.04(A) D 5.03.04(A)2 D· 5.03.04(A)3 D 5.03.04(8)1 D 5.03.04(8)2 D 5;03.04(8)3 D 5.03.04(8)4 6. Certificate Expiration Date 9/2/2009 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiratiol) date listed herein. The expiration date can be extended. only under the same terms and conditions as the underl i development orderis$ued with this certificate, or for subsequent de opme J:!!e~ssu d fo the same property, use and size as described herein. U ,.. Date: 8/27/2008 rowth Management Dir St Lucie County, Florida