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Home My WebLink About09-019~ 1 RESOLUTION NO. 09-019 2 FILE NO.: MJSP 820081511 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING 5 DENEDIOS HOLDINGS, LLC., MAJOR SITE PLAN APPROVAL FOR THE 6 PROJECT TO BE KNOWN AS DENEDIOS HOLDINGS, LLC., IN THE IL ~ (INDUSTRIAL, LIGHT) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED a IN ST. LUCIE COUNTY, FLORIDA 9 lo WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the li testimony and evidence, including but not limited to the staff report, has made the following la determinations: 13 14 1. Denedios Holdinqs, LLC., presented a petition for Major Site Plan Approval to allowforthe i5 construction of an 8,000 square foot industrial building in the IL (Industrial, Light) Zoning 16 District for the property depicted on the attached map in Exhibit A, and described in Part B i~ below. la i9 2. The Development Review Committee has reviewed the site plan forthe proposed project ao and found it to meet the minimum technical requirements of the St. Lucie County Land a i Development Code and to be consistent with the future land use maps from the St. Lucie az County Comprehensive Plan. 23 a4 3. The proposed project is consistent with the general purpose, goals, objectives and zs standards of review of the St. Lucie County Land Development Code, the St. Lucie a6 County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. a~ aa 4. The proposed project will not have an undue adverse effect on adjacent property, the a 9 character of the neighborhood, traffic conditions, parking, utilityfacilities, or other matters 3o affecting the public health, safety and general welfare. 31 3a 5. All reasonable steps have been taken to minimize any adverse effect of the proposed 33 project on the immediate vicinity through building design, site design, landscaping, and 34 screening. 35 36 6. The proposed project will be constructed, arranged and operated so as not to interfere 3~ with the development and use of neighboring property, in accordance with applicable 3s district regulations. 39 4 0 7. Water service for the proposed project will be provided by Fort Pierce UtilityAuthority and 41 a septic system will be installed with permit approval from the St. Lucie County Health 4 a Department. 43 44 8. The applicant has applied for and received a certificate of capacity, a copy of which is 45 attached to this order as Exhibit B, as required under Chapter V, St. Lucie County Land 46 Development Code. File No: MJSP 820081511 Resolution No. 09-019 April 28, 2009 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1 SAINT LUCIE COUNTY FILE ~ 3344377 ~5/13l2049 aY 0$:39 AM OR BOOK 3089 PAGE 70 - 75 Doc Type: RESO RECORDING: $52.50 i z 3 4 5 6 ~ s 9 l0 11 la 13 14 15 16 i~ is 19 ao al az 23 24 25 26 a~ as 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 11.02.07 of the St. Lucie County Land Development Code, the site plan for the project to be known as Denedios Holdings, LLC., is hereby approved as depicted on the site plan drawings for the project prepared by Friscia Engineering dated January 20, 2009, and date stamped received by the St. Lucie County Growth Management Director on March 30, 2009, for the property described below, subject to the following conditions: 1. Within ninety (90) days of the date of the approval, the petitioner, his/her successors or assigns, shall dedicate and convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, ten (10) feet of additional right-of-way for the expansion of Hammond Road along the east line of the adjacent property line of the subject property. A Florida Licensed Surveyor shall prepare a sketch and legal description of the right-of-way donation. Additional requirements associated with the right-of-way include proof of ownership and Phase 1 Environmental Audit certified to the Board showing no evidence of hazardous waste contamination on the right-of-way parcel. Said dedication shall be by general warranty deed, free and clear of all liens and encumbrances. To the extent permitted under the County's Code and Complied Laws, such dedication may be considered eligible for Road Impact Fee Credits. 2. There shall be no open outdoor storage of materials or goods on the properly, with the exception of serviceable vehicles. 3. There shall be no wall signs constructed on the north building elevation facing the existing single family home. 4. Prior to the issuance of a building permit, the petitioner, their successors or assigns shall have entered into an enforceable utility service agreement with the Fort Pierce Utility Authority to ensure the provision of water services. This agreement shall be in a form consistent with the Fort Pierce Utility Authority's regulations regarding utility service extensions and service provisions. 5. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall execute an improvement agreement, acceptable to St. Lucie County, covering the cost of all required landscaping, tree relocation, irrigation, and related improvements as shown in the Site Plan. A copy of this agreement can be obtained by visiting the St. Lucie County Environmental Resources Department website at: http://www.stlucieco.orq/erd/index.htm. 6. The applicant shall comply with all state and federal agency regulations and requirements. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided St. Lucie County 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 St. Lucie County for review and approval as required by the Land File No: MJSP 820081511 April 28, 2009 Resolution No. 09-019 Page 2 a. Development Code. 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 Major Site Plan is being approved is described as follows: The South one-half of the North one-half of the South one-half of the Northeast quarter of the Southwest quarter of Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida, less rights of way for public roads and drainage canals (Parcel ID Number: 1430-313-0002-0009) C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining building permits on this property, and shall expire on April 28, 2011, unless the developer has obtained building permits for the site plan described in Part A or an extension has been granted in accordance with Section 11.02.06.B.2., St. Lucie County Land Development Code. D. The Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioners, including any successors in interest, 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 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, shall remain valid for the period of Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.02.06.B.2. of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. F. 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 St. Lucie County Growth Management Director. 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. H. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and VOId. A copy of this resolution shall be mailed, return receipt requested to the developer and agent of record. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on- i a 3 4 5 6 ~ a 9 10 li 12 13 14 15 16 1~ is 19 ao zl aa 23 24 25 26 27 aa 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 File No: MJSP 820081511 April 28, 2009 Resolution No. 09-019 Page 3 1 a 3 4 5 6 7 s 9 lo 11 ia 13 14 15 16 17 ia 19 ao ai aa 23 24 25 26 a~ as 29 30 31 32 site development activities without obtaining such further development permits as may be required. After motion and second, the vote on this resolution was as follows: Chair Paula Lewis AYE Vice-Chair Charles Grande AYE Commissioner Chris Dzadovsky AYE Commissioner poug Coward AYE Commissioner Chris Craft AYE PASSED AND DULY ADOPTED this 28th day of April 2009. BOARD OF COUNTY COMMISSIC~NERS ST. LUCIE COUNTY, FLORIDA ~~E cx~~ ~ ~ ~ 4 V~ ~l'`~ BY ~ . ~.~ _. . _ _ ~.'__~°~ ~Q Chair A ~. EPUTY CLERK File No: MJSP 820081511 April 28, 2009 APPROVED AS TO FORM AND ~RRECTNESS: ~ COUNTY A Resolution No. 09-019 Page 4 ~ t ~ , . ~ l ~ i AIRF I~CL4 4R ,I ~U~,.IECT PR~`JPERTY r ~-..- / AIRMAMS OR ~, / SUM CITRl15 g~y6 ,S'~ ^ ~ MELISSALN z W - r. ~ ~ ~ DEANNALN ~ ? G = y PANAM BLUD AMY LN p U k1ARGARE7~ANN LN TAIISNIND DR ST,LUCIE BLVD ^ ~ ~: ^ tt ~ x w a w r; a w z 4 Y U h . • ~ ~ ~ w..~.~r St Lucie County Certificate of Capacity Date 3/24/2009 Certificate No. 2804 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 Resolution No. 09-019 Number of units 0 Number of square feet 8000 2. Property legal description & Tax ID no. 1430-313-0002-0009 1/3 mile north of Hammond/St. Lucie Blvd. Denedios Holdings, LLC 3. Approval: Buildinq Resolution No. 09-019 Letter o4-2s-o9 4. Subject to the following conditions for concurrency: As per Resolution No. 09-019. Owner's name Denedios Holdings, LLC Address 1985 Mooring Line Drive Vero Beach FL 32963 6. Certificate Expiration Date 4/28/2011 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: 3/24/2009 Growth Management Director St Lucie County, Florida Tuesday, March 24, 2009 Page 1 of 2