HomeMy WebLinkAbout08-237
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
RESOLUTION NO. 08-237
FILE NO.: CU-720081505
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE
OPERATION OF A KENNEL COMPLETELY ENCLOSED IN THE AR-1
(AGRICULTURAL RESIDENTIAL- 1 DU/1 ACRE) ZONING DISTRICT ON
CERTAIN PROPERTY SITUATED 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. Do!:! and Cats Forever presented a petition for a Conditional Use Permit to allow the
operation of a kennel completely enclosed in the AR-1 (Agricultural Residential - 1 du/1
acre) Zoning District, depicted on the attached maps as Exhibit "B" and described in Part
"B" below.
2. On October 16, 2008, 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/deny a conditional use
permit to allow the operation of a kennel completely enclosed in the AR-1 (Agricultural
Residential- 1 du/1 acre) Zoning District for the property depicted on the attached maps
and described in Part B below.
3. On December 2, 2008 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 Lald 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 gereral welfare.
6. The proposed Conditional Use will be serviced by adequate public facilities and services.
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 September 29, 2008.
File No.: GU-72008150E
December 2, 2008
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 329015512/16/2008 at 10:131Wl
OR BOOK 3042 PAGE 2268 - 2274 Doc Type: RESO
RECORDING: $61.00
Resolution No. 08-237
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
47
48
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 DOQ and Cats Forever to allow the operation of a kennel
completely enclosed in the AR-1 (Agricultural Residential- 1 du/1 acre) Zoning District is
hereby approved for the property described below, subject to the following conditions:
1. The kennel operation will be open to the public during the hours of 9:30 a.m. to 4 p.m.
2. Within 60 days of approval of this permit. the petitioners, their successors or assigns, shall
convey to St. Lucie County, the west 10-feet of the subject property for additional right of
way for Selvitz 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.
3. Prior to approval of a Certificate of Occupancy. the petitioners. their successors or
assigns, shall construct a multiuse path for the limits of the parcels frontage on Selvitz
Road consistent with the County Wide Greenways and Trails Master plan that was adopted
on May 06, 2008. The 12-feet multiuse path shall be constructed utilizing a concrete mix
design acceptable to St. Lucie County. The location ofthe path shall be atthe ultimate right
of way.
4. Prior to issuance of a vegetation removal permit or exemption. the site development plan
provided shall be reviewed by ERD for substantial conformity with the site plan dated
7/15/08 submitted as part of the conditional use application.
5. Prior to issuance of a vegetation removal permit or exemption, any required mitigation,
shall be fulfilled as required by the LDC. If standard mitigation is utilized per LDC
6.00.05(D)3.a. a detailed tree survey and mitigation plan must be submitted, identifying
trees which will be removed due to construction, trees which will be preserved for
mitigation and distinguish those from trees used for meeting required landscaping.
Because of the quality of habitat on this site, ERD will also consider approval of alternative
mitigation per LDC 6.00.05(D)3.b. which preserves 25% of the site and meets all tree
mitigation requirements for the property.
6. Prior to issuance of a vegetation removal permit or exemption. a conservation easement
for the mitigation area determined by either method will be required. The applicant shall
provide all required executed SLC conservation (or SFWMD) easements, with a PAMP to be
recorded as an exhibit to the easement, for all preserves onsite, 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 SLC or SFWMD easement form without prior approval of the County Attorney
and ERD. Failure to perform this condition within the specified timeframe may result in
revocation of the site plan approval.
7. Prior to issuance of a vegetation removal permit or exemption. a formal gopher tortoise
survey shall be submitted to Florida Fish and Wildlife Conservation Commission. A permit
for relocation, if deemed necessary, will also be required from FWCC.
File No.: CU-720081505
December 2,2008
Resolution No. 08-237
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
8. The applicant will comply with all state and federal agency regulations and requirements.
Prior to approval of a Notice of Vegetation Removal. the applicant shall have obtained and
provided SLC with all required federal and state permits. If federal or state agency
compliance requires modification to the development plans, the applicant will promptly
modify the plans and submit to SLC for review and approval as required by the LDC. The
applicant will not use the County's development approval to prevent compliance with any
federal or state agency requirements.
B.
The property on which this conditional use permit is being granted is described as follows:
LEGAL DESCRIPTION:
THE SW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 32, TOWNSHIP 35 SOUTH. RANGE
40 EAST. EXCEPTING THEREFROM ALL RIGHTS OF WAY OF PUBLIC ROADS AND
DRAINAGE CANALS. AND THE EAST 20 FEET OF THE WEST 50 FEET OF THE SW 1/4 OF
THE SW 1/4 OF THE SW 1/4 LESS THE SOUTH 46 FEET. IN SECTION 32, TOWNSHIP 35
SOUTH, RANGE 40 EAST. ALL LYING AND BEING IN ST. LUCIE COUNTY. FLORIDA.
Property Tax 10# 2432-333-0001-000/3
Location:
Northeast of the intersection of Selvitz Road and Devine Road
C.
This Conditional Use Permit approval shall expire on December 1 , 2009 unless a Building
Permit or Certificate of Zoning Compliance certificate is secured or an extension is granted
in accordance with Section 11.7.05(F), 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(s), Dogs and Cats Forever, 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.
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.
F.
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 Atlas of St. Lucie
County, Florida, and to make notation of reference to the date of adoption of this
resolution.
File No.: CU-720081505
December 2, 2008
Resolution No. 08-237
Page 3
After motion and second, the vote on this resolution was as follows:
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
Chair Paula Lewis
Vice Chair Charles Grande
Commissioner Chris Dzadovsky
Commissioner Doug Coward
Commissioner Chris Craft
YES
YES
YES
YES
YES
PASSED AND DULY ADOPTED This 2nd Day of December 2008.
ATTEST: .
,~ ,';::--"'"
'-.
'.t-- V
: ,II. jlj ,"
\~ . >"--,'; ::-
." " - / ...
"" .,/' ...
>--..... /
!r'"4'~;~<.~- -,:,-~c
~
Ijs
H:\Dogs & Cats Forever\Resolution No 08-237 CU 720071505
File No.: CU-720081505
December 2,2008
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
APPROVED AS TO FORM.
AND CORRECTNESS:
Resolution No. 08-237
Page 4
EXHIBIT
a u
.a..
St Lucie County
Certificate of Capacity
Date 9/29/2008 Certificate No. 2781
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 CD Permit Kennel completely enclosed
Number of units 0
Number of square feet
2. Property legal description & Tax ID no.
2432-333-0001-0003
NE of Selvitz Rd & Devine Rd/NSLRCD Canal 1 02
Dogs & Cats Forever
3. Approval: Building
Resolution No. 08-237
Letter
4. Subject to the following conditions for concurrency:
Valid for the same period as Resolution No 08-237. Operation is limited to 9am to 4 pm. On Selvitz rd
10' of ROW & 12' multi-use path in ROW along frontage; Site plan approval by ERD; mitigation &
conservation easement;
Owner's name
Dogs & Cats Forever
Address
9550 Carlton Road
Port St Lucie
FL 34987
6. Certificate Expiration Date
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 ~ Vj, ~ nate: 11I4/2008
Growth Management Director
St Lucie County. Florida
Tuesday, November 04, 2008
Page 1 0(2
a
<::
::>
8 ~
... "
.~ p80~ UU!4S
0:: ~
<:: .
.!!l I 11 ..
.., I '" ..
.s ~
~ ~ 't:I I UB~ JapeaH
.
'" "
I '"
I ~
I
I
I P't:I paaus
I
I
I
I jBUBO
I tZ<)
I J
I E
I 0
I
I
I
I
I
I
I
I
I
I
I
L-
Q)
>
Q)
L-
o
U.
en
+""
ctl
()
"'C
r:::
ctl
en
C)
o
o
EXHIBIT U
II
LO
o
LO
T"""
CO
o
o
C\.I
l"-
I
::J
()
~
zw~
~
N ..
'"
co
o
o
C\I
a)
.....
~
.Q
E
.l!l
a.
Cll
en
"0
l!!
Cll
a.
l!!
a.
a.
Cll
::E
a
<::
8
~
~
P't:l BUll e u~
~
.
"
3
P't:l UOWBO
..,
~
18U
I
I
I
I
I
I
I
I
I
I
I
I
I
_______________J
A/uno:) aaqol/oaa>to
CU-720081505
A petition of Dogs and Cats Forever to grant a Conditional Use Permit to allow the operation of a completely
.er:lclosed kennel in the AR-1 (Agricultural, Residential -1 du/ac) Zoning District.
~
-- -- ------.----- --..
- ..-.
# -.
# ~
, ~
, ~
,
, ,
, ,
, ,
.
.
.
.
.
.
. 500 ft.
.....
.~
.
.
.
.
. .
. DEVINE:RD . NS:.flWt,'IJ
, I
, ,
, ,
, ,
, ,
~ 73,'
~
~ 74 # 72
-..... ##
--- -
- -.----------
0 -
a::
4 f::!
~ 0
w
(/) a::
z 77
z
:::>
75 76 0
-
FAVORITRD- -
I 87
-
l 89 88
Legend 5t:-~~~~ N
C Subject parcel A
gTtnI'J'A .Mlm86l1ft1nt V~arlMl7Jl
. - -. Map prepared September 17, 2008
. _ _ .J 500 ft. notification area