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HomeMy WebLinkAbout08-231 , . JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FilE # 3299017 01/12/2009 at 08:44 AM OR BOOK 3050 PAGE 1504 - 1511 Doc Type: RESO 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 RESOLUTION NO. 08-231 FILE NO,: SPMJ 620081487 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A MAJOR ADJUSTMENT TO THE MAJOR SITE PLAN FOR TREASURE COAST LEXUS TO ADD 0.802 ACRES OF LAND AREA TO AN EXISTING 11.57 ACRE CAR DEALERSHIP, NOW SITUATE ON A TOTAL OF 12.37 ACRES OF LAND 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. Nick Bishop presented a petition for a Major Adjustment to a Major Site Plan, known as Treasure Coast Lexus, for the purpose of adding 0.802 acres of land area to accommodate an additional 20,909 sq. ft. of inventory parking for the 87,287 sq. ft. car dealership, located at 5121 S. US Highway #1. The total site is now 12.37 acres of land. The subject is generally located on the west side of US Hwy #1, approximately 0.1 miles south of the intersection of Midway Road. 2. On October 24, 2006 the Board of County Commissioners adopted Resolution No. 06- 316 granting Major Site Plan approval to Treasure Coast Lexus to construct an 87,287 sq. ft. car dealership and service facility on 11.57 acres of land. 3. On July 24, 2007 the Board of County Commissioners adopted Resolution No. 07-131 granting a Major Adjustment to the Major Site Plan for Treasure Coast Lexus, approving the addition of a third floor of office space to the existing two story parking garage. 4. The Development Review Committee has reviewed this Major Adjustment to the Major Site Plan for the proposed project and on July 24, 2008, held a meeting with the applicant to discuss the staff comments resulting from the review of the project. The Development Review Committee found it to meet all minimum technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County, subject to 4 limiting conditions, in addition to those contained in Resolution 07- 131 which are still in full force and effect. 5. 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. File No.: SPMJ 620081487 December 16, 2008 Resolution No. 08-231 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 6. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 7. 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. 8. The project site will be served by Ft. Pierce Utilities Authority (FPUA). 9. The applicant has been issued a Certificate of Capacity, Certificate Number 2648, attached as "Exhibit A". NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.04(A) of the St. Lucie County Land Development Code, the Major Adjustment to a Major Site Plan for Treasure Coast Lexus, is hereby approved as depicted on the site plan drawings for the project prepared by Culpepper and Terpening, dated November 20, 2008, and date stamped received by the St. Lucie County Growth Management Director on December 4, 2008, subject to the following Conditions of Approval: 1. All previous conditions of approval applicable to the subject property, as contained in Resolution R-07 -131 are still in full force and effect and have been consolidated by reference herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Article 11 of the LDC and the Board of County Commissioners, unless expressly modified. 2. Within 90 days of site plan adjustment approval or prior to issuance of a Vegetation Removal Permit or Exemption for the parking lot addition area, whichever comes first, the applicant shall provide a revised landscape plan, replacing the bald cypress mitigation trees within the 0.80-acre parking addition area with live oaks and South Florida slash pines. If the site cannot accommodate adequate root and crown development of the required mitigation trees, a portion of the mitigation may be provided off-site per Section 11.05.06.F.2.f. 39 40 41 42 43 44 45 46 The applicant will comply with all state and federal agency regulations and requirements. Prior to issuance of a Vegetation Removal Permit or Exemption for the parking lot addition area, 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. 3. 47 Prior to issuance of a Vegetation Removal Permit or Exemption for the parking lot 4. File No.: SPMJ 620081487 December 16, 2008 Resolution No. 08-231 Page 2 1 2 3 4 5 B. 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 addition area, the applicant shall finalize an improvement agreement acceptable to ERD covering the cost of landscaping and tree mitigation, including on-site tree relocation. The property on which this site plan approval is being granted is described as follows: COMMENCING AT THE CENTER OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE S.89053'OTW., ALONG THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 3, A DISTANCE OF 331.00 FEET; THENCE S.00020'19''E., PARALLEL TO SAID NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 3, A DISTANCE OF 544.50 FEET TO THE PONT OF BEGINNING; THENCE CONTINUE SOUTHERLY ALONG SAID LINE, A DISTANCE OF 125.50 FEET; THENCE N.89053'07"E., A DISTANCE OF 289.00 FEET TO THE WESTERLY RIGHT- OF-WAY LINE OF U.S. HIGHWAY No. 1 (120.00' WIDE); SAID PONT BEING 42.00 FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 3; THENCE S.00020'19''E., ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 487.02 FEET TO A POINT LYING 165.00 FEET NORTH OF, AS MEASURED PERPENDICULAR TO, THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE S.89053'56"W., PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 619.56 FEET TO A POINT LYING 661.55 FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 3, THENCE S.00020'19''E., PARALLEL WITH SAID NORTH-SOUTH QUARTER SECTION LINE, A DISTANCE OF 165.00 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE S.89053'56"W., ALONG SAID SOUTH LINE, A DISTANCE OF 331.16 FEET TO THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE N.00016'42'W., ALONG SAID EAST LINE, A DISTANCE OF 316.80 FEET; THENCE N.89053'07"E., A DISTANCE OF 261.38 FEET TO A POINT THAT IS 731.00 FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 3; THENCE N.00020'19'W., PARALLEL TO SAID NORTH-SOUTH QUARTER SECTION LINE, A DISTANCE OF 580.00 FEET TO A POINT THAT IS 425.00 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 3; THENCE N.89053'07"E., PARALLEL WITH SAID EAST- WEST QUARTER SECTION LINE, A DISTANCE OF 200.00 FEET; THENCE S.00020'19''E., A DISTANCE OF 119.50 FEET; THENCE N.89053'07"E., A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. ALL LYING IN ST. LUCIE COUNTY, FLORIDA. CONTAINING 11.57 ACRES MORE OR LESS. TOGETHER WITH: File No.: SPMJ 620081487 December 16, 2008 Resolution No. 08-231 Page 3 1 ADDITIONAL PARCEL: 2 3 A PARCEL OF LAND SITUATES IN SECTION 3, TOWNSHIP 36 SOUTH, 4 RANGE 40 EAST OF ST. LUCIE COUNTY, FLORIDA, BEING MORE 5 PARTICULARY DESCRIBED AS FOLLOWS: 6 7 COMMENCING AT THE CENTER OF SECTION 3, TOWNSHIP 36 SOUTH, 8 RANGE 40 EAST; THENCE SOUTH 89053'07" WEST, ALONG THE EAST- 9 WEST QUARTER SECTION LINE OF SAID SECTION 3, A DISTANCE OF 10 331.00 FEET; THENCE SOUTH 00020'19" EAST, PARALLEL TO THE 11 NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 3, A 12 DISTANCE OF 544.50 FEET TO THE POINT OF BEGINNING; THENCE 13 NORTH 89053'07" EAST, PARALLEL TO SAID EAST-WEST QUARTER 14 SECTION LINE OF SAID SECTION 3, A DISTANCE OF 47.50 FEET; 15 THENCE SOUTH 00006'53" EAST, A DISTANCE OF 25.00 FEET; THENCE 16 NORTH 89053'07" EAST, A DISTANCE OF 32.00 FEET; THENCE NORTH 17 00006'53" WEST, A DISTANCE OF 25.00 FEET; THENCE NORTH 18 89053'07" EAST, A DISTANCE OF 204.30 FEET, TO A POINT ON THE 19 WEST LINE OF STATE OF FLORIDA DEPARTMENT OF 20 TRANSPORTATION PARCEL NUMBER 126 AS SHOWN ON FLORIDA 21 DOT RIGHT-OF-WAY MAP SECTION 94010-2500; THENCE SOUTH 22 01019'57" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE 23 OF 125.52 FEET; THENCE SOUTH 89053'07" WEST, DEPARTING SAID 24 WEST RIGHT-OF-WAY LINE, A DISTANCE OF 285.98 FEET; THENCE 25 NORTH 00020'19" WEST, A DISTANCE OF 125.49 FEET TO THE POINT 26 OF BEGINNING. 27 28 CONTAINING 34,952 SQUARE FEET OR 0.802 ACRES, MORE OR LESS. 29 30 TOTAL PARCELS CONTAIN 12.372 ACRES MORE OR LESS. 31 32 C. This Major Adjustment to a Major Site Plan approval shall expire on December 16, 33 2010, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie 34 County Land Development Code. 35 36 D. The Major Adjustment to a Major Site Plan approval granted under this Resolution is 37 specifically conditioned to the requirement that the petitioner, Treasure Coast Lexus, including 38 any successors in interest, shall obtain all necessary development permits and construction 39 authorizations from the appropriate Local, State and Federal regulatory authorities, including 40 but not limited to: the South Florida Water Management District and the St. Lucie County Fire 41 District, prior to the issuance of any local building permits of authorizations to commence 42 development activities on the property described in Part B. 43 44 E. A copy of this Resolution shall be attached to the site plan drawings described in Part 45 A, which plan shall be placed on file with the St. Lucie County Growth Management Director. 46 47 F. A copy of this Resolution shall be mailed, return receipt requested to the developer 48 and agent of record as identified on the site plan applications. 49 File No.: SPMJ 620081487 December 16, 2008 Resolution No. 08-231 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 G. This Resolution shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Paula A. Lewis Aye Chair Vice Chair Charles Grande Aye Commissioner Chris Craft Aye Commissioner Doug Coward Aye Commissioner Chris Dzadovsky Aye \" ....., ,'," 1< t' r~:'~. ,\'}. ~~~). '. ~'_!""" \: ,:;1- ~_! . - ,'(I ~. <-::;,;'..' . _';~.,.f. BOARD OF COUNTY COMMISSION'Ea.~-..i'~..~';,r ST. LUCIE COUNTY, FLORIDA.~#,t .k:;' '.' ;<::i'.~' , PASSED AND DULY ADOPTED this 16th day of December, 2008. ",Jr(" ~ BY YiA)~ ' Chairman ATTEST: File No.: SPMJ 620081487 December 16, 2008 Resolution No. 08-231 Page 5 f:i\ ~I~ "" "'''' z" z~ W::o o . ~" ~ _~Il ~ iJ B 0 " ~. l t~i ~'2 ",; 8 ~ . i9 ~ IW~i ~ ~ ~ , ,. . T ~ , 1 1 , , , --- , , 1 . ; {', 1 "'---7 1 "'<t 1 1 ~ ~--- ).~. j'" - - -'-- , ",,:+t .!II' ~ j e __I" {) t Il,'\: ~ ~ "-] ~ ~ +' :.:. "\l f ~ ..~ ~ I ~ 6' ~ 6'l ~ _.._.._..Q._~_~.2._ ~,c "'<, ----~-----..- .".....J_..l.. - "f.1. ;' _.._.._.._.._.._.._..____.._.._.__.._.__..____.._.._.._.._.._.._.._.. .._.._._l_~_=~=_~:.-.._..-..-_._.._..-.._..-.. C=- ! I ~: --- 8 \ ~I \ il - ~ {) ~ ~~ ~ l~ _~ ~ - ~- ~ I ' I ............ ~ - ~ ~ ~ ~ ~ {) ~ ~ < " {) 0::...... ,," ~~ ~~ , I: .. {)~ o z .. I {) ., . i~i '"'l ~ 'I '"'l t-:l > I ~ 0 rn '"'l c:: II > ~ t'" t-:l rn Ci ~ 0 t-:l > rn "d '"'l S; t'" Z t-:l >< c:: rn ~ l U , ~O ~ ~ . '(' "'... ~ ..... . 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I $ ~ P'\Pr<ot-ZOOl\Ol"'76T,-...CooIIl.mA\~"""'1tIl-411i_~"II,IOitlZCOSI0:'l:)O""_].pcJ ~ 0 ni;.1 ~ ~~ ~ ~ H i~ ~! . r , ~i~ .< o z . . .. ~ '!II ;1 .~- mUi ~ ~ ~ y 0 p > t:l t:l - >-3 o Z > t'" ." > ::tl ~ Z !;1 >-3 ::tl t"l > rn c:: ::tl t"l ("") o > rn >-3 t'" t"l >< c:: rn I' Ip " fl /9 + ~ 151.7' ~ I~ L~ t I~ ~. ~ <? 18.0' 18.0' ~ "'. ~ u -., 8 ,o'~. 18.0' I~+~ " )> 0 0 =! 0 Z -l 0 ~ -l I'l -0 ,- )> z 18.0' I~ I~ ~ ~. ~ 439 " I, 'I " " " " " " 'I 1 1 1 1 1 1 1 1 1 1 1 " 1 1 1 1 1 1 1 1 I I I 1 I 1 1 - - - - - - - - ~ - - - - - - - - --- - - ----- - - ----- -.- - - - - - -- 438 I l 'ON A'v'MHOIH 'S 'n ~-- 1---- I I I. a " . ~ '" <i '" . " ~ ..... ~ n )> r ." )> '" ^ z ~ Vl .... )> o .., .... )> j= Vl ,.,,,.<,,, .......,"' "'~ ,..' - ~ CERTIFICATE OF CAPACITY 2300 Virginia Avenue Ft. Pierce, FL 34982 (772)-462-2822 Date: 10/23/2006 Certificate No. 2542 . 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 87,287 square foot car dealership and service Number of units 0 Number of square feet 87,287 2. Property legal description & Tax 10 no. 340350200670004;340331100050006 West side US Hwy 1, south of Midway Rd. Treasure Coast Lexus 3. Approval: Building Permit Resolution No. 06-239 Letter 4. Subject to the following conditions for concurrency: ,... .,. Res. No. 06-239, Owner's name Nick Bishop Address 835 NW Greenwich Court Port St. Lucie FL 34983 6. Certificate Expiration Date 10/24/2008 .....-. 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. j?" (J t/(K: Growth Management Director: 5t Lucie County, Florida Signed 7l~# \,~ I Date: 10/23/2006 A.~ODLc.. Concurrency Review by: Signe~~' Date: 10/23/2006 Monday, October 23, 2006 Page 1 of 1