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Home My WebLink About09-073 1 RESC3LUTI4N NO. 09-073 2 FILE NO.: 'BCC 620093984 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE 5 COUNTY, FLORIDA GRANTING A POST DEVELOPMENT ORDER CHANGE FOR 6 THE MAJOR SITE PLAN KNOWN AS INTERNATIONAL AIRPORT BUSINESS 7 PARK, CONSISTING OF 27,570 SQUARE FEET OF FLEXIBLE 8 BUSINESS/INDUSTRIAL SPACE AND A 2,400 SQUARE FOOT CONVENIENCE 9 STORE AND SERVICE STATION FOR A TOTAL OF 29,970 SQUARE FEET OF 1o BUILDING SPACE LOCATED ON LAND AT THE SOUTHWEST CORNER OF THE 11 INTERSECTION OF ST. LUCIE BOULEVARD AND CAYUGA AVENUE IN THE IL 12 (INDUSTRIAL, LIGHT) ZONING DISTRICT. 13 14 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony 15 and evidence, including but not limited to the staff report, has made the following determinations: 16 17 1. On August 16, 2005, the Board of County Commissioners adopted Resolution 05-149, granting 18 Major Site Plan approval for the project known as International Airport Business Park for 27,570 19 square feet of fiexibie business/industrial space and a 2,400 square foot cdnvenience store and 20 service station for a total of 29,970 square feet of space for property located at the southwest 21 corner of the intersection of St. Lucie Boulevard and Cayuga Avenue in the IL (Industrial, Light) 22 Zoning District. 23 24 2. On May 22, 2007., the Board of County Commissioners adopted Resolution No. 07-125, 25 granting a 12-month extension to the International Airport Business Park Major Site Plan, from 2 6 its date of scheduled expiration, August 16, 2007, with the new date of expiration being August 2 7 16, 2008. 28 ' 29 3. On January 6, 2009, the Board of County Commissioners adopted Resolution No. 09-003, 30 granting a second, 12-month extension to the International Airport Business Park Major Site 31 Plan from its scheduled expiration, August 16, 2008, with the new date of expiration being 32 August 16, 2009. In conjunction with this extension, the Board of County Commissioners 33 adopted Resolution No. 09-004, approving a Proportionate Fair Share agreement for 34 improvements to the intersection of King's Highway and St. Lucie Boulevard pursuant to which 35 the required payment has been made. 36 37 4. The developer of International Airport Business Park has requested that Part D of Resolution 38 05-149 be amended to allow the issuance of a building permit prior to receipt of the USFWS 39 permit and Vegetation Removal Permit, with the condition that no construction requiring 4o clearing be permitted until the permits are received.. 41 42 5. On August 11, 2009, the Board of County Commissioners considered this item at a public 43 meeting. 44 45 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, 4 6 Florida: 47 48 A. Pursuant to Section 11.01.04 of the St. Lucie County Land Development Code, the Major Site 49 Plan, approved through Resolution 05-149 as amended and extended by Resolution 07-125, 5o Resolution 09-003 and Resolution 09-004, is hereby conditioned as follows: File No.: BCC620093984 Resolution No. 09-073 August 11, 2009 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1 SAINT LUCIE COUNTY FILE # 33951 D3 09/28/2009 at 09:14 qM OR BOOK 3131 PAGE 2456 - 2458 Doc Type; RESO RECORDING: $27.00 1 2 1. All previous conditions of approval applicable to the subject property, as contained in 3 Resolutions 05-149, 07-125, 09-004 and 09-003 remain in full force and effect. The 4 property owner shall comply with all previous conditions of approval and deadlines 5 previously established by Chapter 11 of the LDC and the Board of County 6 Commissioners, unless expressly modified. 7 8 B. The property on which this Major Site Plan is being approved is described as follows: 9 l0 LOTS 1 THROUGH 18, BLOCK 37, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO 11 THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC 12 RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH '/Z OF VACATED 13 HAWTHORNE ROAD RIGHT-OF-WAY ADJACENT ON THE SOUTH OF LOT 18 -LESS 14 THE NORTH 30 FEET OF LOT 1 AND LESS THE EAST 3 FEET OF LOTS 1 THROUGH 18 15 FOR ROAD RIGHT-OF-WAY AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY 16 FOR HAWTHORNE AVENUE. 17 18 TOGETHER WITH: 19 20 LOT 1, BLOCK 15A, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT 21 THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. 22 LUCIE COUNTY, FLORIDA AND THE SOUTH '/2 OF VACATED HAWTHORNE ROAD 23 RIGHT-OF-WAY ADJACENT ON THE NORTH OF LOT 1 -LESS THE EAST 3 FEET OF 24 LOT 1 AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY FOR HAWTHORNE 25 AVENUE. 26 27 (TAX ID#'S: 1428-702-0634-000/5 AND 1428-702-0232-000/7j 28 29 (Location: Southwest comer of the intersection of St. Lucie Boulevard and 3o Cayuga Avenue) 31 32 C. This Major Site Plan Approval extension shall expire on August 16, 2009, unless building permits 33 are issued or an extension has been granted in accordance with Section 11.02.06, St. Lucie 34 County Land Development Code. 35 3 6 Paragraph D of Resolution No. 05-149 is hereby amended to read: 37 38 D. The Final Site Plan Approval granted under this resolution is specifically conditioned to the 39 requirement that the petitioner, Denuzzio Investment Group, LLC, including any successors in 4 o interest, shall obtain all necessary development permits and construction authorizations from 41 the appropriate State and Federal regulatory authorities, including but not limited to: the United 42 States Army Corps of Engineers, the Florida Department of Environmental Protection, and the 43 South Florida Water Management District, prior to the issuance of any local building permits or 44 e# authorizations to commence development activities on the property described in Part B. 45 Notwithstanding the foregoing sentence, local building permits may be issued prior to issuance 46 of the United States Fish and Wildlife Service Permit (USFWS) and the county Vegetation 47 Removal Permit however, no construction requiring clearing of the property may commence 48 until those permits are issued. Pursuant to Section 11.02.06.C of the Land Development Code, 49 unless the Final Site Plan has been otherwise extended, site plan approval shall terminate. and 5o become null and void after notice and hearing by the Board of County Commissioners, if the File No.: BCC620093984 Resolution No. 09-073 August 11, 2009 Page 2 1 Board by a 415 vote determines that construction of the approved development plan has been 2 abandoned or suspended and the applicant has not diligently and in good faith continued to 3 ursue the required permits. 4 5 E. The Certificate of Capacity granted by the Growth Management Director shall remain valid until 6 for so long as the Final Site Plan is valid. 7 s F. The St. Lucie County Growth Management Director is hereby authorized and directed to make 9 notation of reference to the date of adoption of this resolution. to 11 G. A copy of this resolution shall be placed on file with the St. Lucie County Growth Management 12 Director. 13 14 15 After motion and second, the vote on this resolution was as follows: 16 17 Chair Paula Lewis .AYE 18 19 Vice-Chairman Charles Grande AYE 20 21 Commissioner Chris Dzadovsky AYE 22 23 Commissioner Doug Coward AYE 24 25 Commissioner Chris Craft AYE 26 27 28 29 PASSED AND DULY ADOPTED this 11th Day of August, 2009. 30 31 ~ THE BOARD OF COUNTY COMMISSIONERS 32 ~ ST. LUCIE COUNTY, FLORIDA ~b ~ `'"x ~ ~ ` „ 35 L~+ !tib ~ ~ 37 ~°`~y" ' • ~ Chairman 39 ATTEST APPROVED AS TO FORM 40 air - * AND CORRECTNESS 42 OC?~,1I`~T~ ~ ~ 4 3 ~ ~ ' ' ~ 44 4 5 Deputy ler County Attom i, y~ _ File No.: BCC620093984 Resolution No. 09-073 August 11, 2009 Page 3