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HomeMy WebLinkAboutGM-09-023 - St. Lucie Veterinary Hospital and Emergency Clinic JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT ~ SAINT LUCIE COUNTY FILE # 3420312 12/10/2009 at 04:09 PM OR BOOK 3152 PAGE 2048 - 2052 Doc Type: ORD RECORDING: $44.00 1 GM-09-023 2 MNSP 820094003 3 4 AN ORDER OF THE GROWTH MANAGEMENT DIRECTOR GRANTING 5 APPROVAL FOR A MINOR SITE PLAN KNOWN AS ST. LUCIE 6 VETERINARY HOSPITAL AND EMERGENCY CLINIC CONSISTING OF 7 A 10,093 SQUARE FOOT BUILDING ON 1.31 ACRES IN THE CG, 8 COMMERCIAL GENERAL ZONING DISTRICT ON CERTAIN 9 PROPERTY SITUATED IN ST. LUCIE COUNTY, FLORIDA. 10 11 WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for 12 minor site plan approval submitted by MGSG Holdings, LLC and reviewed the comments of the 13 St. Lucie County Development Review Committee on this application, and made the following 14 determinations: 15 16 1. MGSG Holdings, LLC has proposed a 10,093 square foot building on 1.31 acres 17 located on the southeast corner of U.S. Highway No.1 and Dyer Road. 18 19 2. On December 3, 2009 the Development Review Committee reviewed the minor site plan 20 for the proposed project and found it to meet technical requirements of the Land 21 Development Code and to be consistent with the St. Lucie County Comprehensive Plan. 22 23 3. On December 3, 2009 the Growth Management Director reviewed and granted the 24 applicant's request for administrative relief as per Section 7.06.01(F) of the Land 25 Development Code. This relief allows fora 6.6 percent or a three (3) parking space 26 reduction in the required number of parking stalls. 27 28 4. The project is consistent with the general purpose, goals, objectives, and standards of 29 the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development 3 o Code. 31 32 5. The project will not have an undue adverse effect on adjacent property, the character of 33 the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the 34 public health, safety, and general welfare. 35 36 6. All reasonable steps have been taken to minimize any adverse effect of the proposed 37 project on the immediate vicinity through building design, site design, landscaping, and 38 screening. 39 4 0 7. The project will be constructed, arranged, and operated so as not to interfere with the 41 development and use of neighboring property, in accordance with applicable district 42 regulations. 43 44 8. The project is to be served by adequate public facilities and services. 45 4 6 9. The applicant has applied for and received a certificate of capacity, a copy of which is File No.: MNSP 820094003 GM -09-023 December 3, 2009 Page 1 1 attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land 2 Development Code. 3 4 NOW, THEREFORE, BE IT ORDERED: 5 6 A. Pursuant to Section 11.02.03 (A) of the St. Lucie County Land Development Code, ~ the Minor Site Plan for the project to be known as St. Lucie Veterinary Hospital and 8 Emergency Clinic, is hereby approved as shown on the site plan (dated November 9 16, 2009 -prepared by Friscia Engineering), the landscape plan (dated November l 0 16, 2009 -prepared by William A. Flint, I I I) and the exterior elevations (dated July 31, 11 2009 -prepared by BDA Architecture PC) for the project date stamped received by 12 the St. Lucie County Growth Management Department on November 24, 2009 is 13 being granted for the property described below, subject to the following conditions: 14 15 1. Prior to approval of a Notice of Vegetation Removal Permit or Exemption, the 16 applicant shall finalize an Improvement Agreement acceptable to Environmental i~ Resources covering the cost of all required landscaping, irrigation and related 18 improvements as shown on the site plan. A copy of this agreement can be 19 obtained by visiting the St. Lucie County Environmental Resources Department 20 website at: http://www.stlucieco.org/Environmental Resources Department 21 /index.htm. 22 23 2. Prior to the issuance of a right-of-way permit, the applicant shall execute a Road 24 Improvement Agreement with St. Lucie County and submit a surety for the 25 proposed public improvements. The amount of surety shall be 115% of the 2 6 engineer's estimate of probable cost. The amount of surety shall be approved by 27 the County Engineer and the form of surety shall be approved by the County 28 Attorney. A copy of the standard "Agreement" can be obtained by visiting the St. 2 9 Lucie County Public Works Department website at: 3o http://www.stlucieco.gov/public_works/index.htm. 31 32 3. Within ninety (90) days of issuance of a Vegetation Removal or Exemption 33 Permit, all Category I and II Invasive Exotic vegetation, as defined by the most 34 recent list by Florida Exotic and Pest Plant Council, shall be removed from the 35 site. 36 37 4. No clearing or other site work shall commence until after constructible 38 engineering plans have been approved by the County Engineer and all county 39 environmental permits have been issued by the Environmental Resources 4o Department pursuant to Section 11.02.08(A)(7) of the St. Lucie :Land 41 Development Code. As of this date of issuance of this Development Order, no 42 constructible site development plans have been submitted for review. No work 43 shall commence after the issuance of environmental permits by the county, or 4 4 any other permits by any other agency, until the County Engineer has approved 45 the constructible site plans. 46 4 ~ 5. Pursuant to Section 11.02.08(A)(6) of the St. Lucie County Land Development 48 Code, no work shall commence on the site until all regulatory permits required File No.: MNSP 820094003 GM -09-023 December 3, 2009 Page 2 1 from federal, state and regional agencies and special districts have been issued. 2 The Florida Department of Environmental Protection, National Pollutant 3 Discharge and Elimination System compliance notice must be submitted to the 4 County Engineer with the constructible site plan at the time of building permit 5 application or during permit review or no paving, grading, and drainage permit 6 and no building permit shall be issued. All National Pollutant Discharge and ~ Elimination System Best Management Practices shall be instituted on the site 8 prior to site clearing and maintained daily. Stormwater ponds shall be roughed in 9 at the same time the site is cleared of groundcover. 10 11 6. Prior to the issuance of a building permit, the petitioner, their successors or 12 assigns shall have entered into an enforceable utility service agreement with the 13 Port St. Lucie Utilities Department to ensure the provision of water and sewer 14 services. This agreement shall be in the form consistent with the regulations of 15 Port St. Lucie Utilities regarding utility service extensions and service provisions. 16 17 7. Prior to any construction or development activity on site, a St. Lucie County 18 Stormwater Permit is required in accordance with Sections 7.07.00 and 19 11.05.07. Contact the Code Compliance Division for an application and fees at 20 (772) 462-1553 or go to www.co.st-lucie.fl.us for on-line permit applications. 21 22 B. The property on which this Minor Site Plan is being granted is described as follows: 23 24 LEGAL DESCRIPTION: 25 26 THE SOUTH 55 FEET OF THAT PORTION OF THE SOUTH 200 FEET OF 27 SECTION 22, TOWNSHIP 36 SOUTH, RANGE 40 EAST, SITUATE AND 28 LYING EASTERLY OF THE EAST RIGHT-OF-WAY OF STATE ROAD 29 NUMBER 5, (U.S. HIGHWAY NO. 1). SAID 55 FEET SHALL BE MEASURED 3o PREPENDICULAR TO THE SOUTH SECTION LINE OF THE PROPERTY. 31 32 TOGETHER WITH: 33 34 THE NORTH 145 FEET OF THE SOUTH 200 FEET OF SECTION 22, 35 TOWNSHIP 36 SOUTH, RANGE 40 EAST, SITUATE AND LYING EASTERLY 35 OF THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 5 (U.S. HIGHWAY NO. 37 1. SAID 145 FEET SHALL BE MEASURED PERPENDICULAR TO THE 38 SOUTH SECTION LINE OF THE PROPERTY. 39 4 o C. The approvals granted by this administrative order shall expire on December 3, 2011 41 unless building permits are issued or an extension is granted in accordance with the 42 provisions of Section 11.02.06 (A) of the St. Lucie County Land Development Code. 43 D. The Final Site Plan approval granted under this order is specifically conditioned to the 44 requirement that the petitioner, MGSG Holdings, LLC including any successors in 4 5 interest, shall obtain all necessary development permits and construction authorizations 4 6 from the appropriate State and Federal regulatory authorities including, but not limited to: 47 the United States Army Corps of Engineers, the Florida Department of Environmental File No.: MNSP 820094003 GM -09-023 December 3, 2009 Page 3 - ~ 1 Protection, and the South Florida Water Management District, prior to the issuance of 2 any local building permits or authorizations to commence development activities on the 3 property described in Part B. 4 5 E. The conditions set forth in Part A are an integral nonseverable part of the site plan 6 approval granted by this Resolution. If any condition set forth in Part A is determined to 7 be invalid or unenforceable for any reason and the developer declines to comply e voluntarily with that condition, the site plan approval granted by this resolution shall 9 become null and void. 10 11 F. A copy of this Order shall be attached to the site plan drawings described in Part A, 12 which plan shall be placed on file with the St. Lucie County Growth Management Director 13 and mailed, return receipt requested to the developer and agent of record as identified 14 on the site plan application. 15 16 G. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as 17 this order. If this order expires or otherwise terminates, the Certificate of Capacity shall 18 automatically terminate. 19 H. The Code Compliance Manager shall receive a copy of this Development Order and the 2 o site plan it approves and shall not approve any building permits that do not implementor 21 are not consistent with this Development Order and the plans hereby approved. 22 23 I. This order shall be recorded in the Public Records of St. Lucie County. 24 25 ORDER effective the 3rd day of December, 2009. 26 27 28 GROWTH MANAGEMENT DIRECTOR 29 ST. LUCIE COUNTY, FLORIDA 30 31 32 3 3 BY 34 Mar Satterlee, AICP 35 Growth Management Director 36 37 APPROVED AS TO FORM 38 AND CORRECTNESS: 39 40 41 42 BY 4 3 Cou y Attorney 44 45 46 47 JNJ 48 4 9 G:\PLANNINGIPROJECT FILES\ St. Lucie Veterinary Hospital MNSP 820094003/GM Order 09-023.doc 50 File No.: MNSP 820094003 GM -09-023 December 3, 2009 Page 4 St Lucie County Certificate of Capacity Date 11/30/2009 Certificate No. 2841 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 09-023 Number of units 1 Number of square feet 10093 2. Property legal description & Tax ID no. 3422-444-0002-000-3 SE Corner of US No. 1 and Dyer Rd. St. Lucie Vet Hospital & Emergency Clinic 3. Approval: Building Resolution No. Letter i2i3io9 4. Subject to the following conditions for concurrency: Owner's name MGSG Holdings, LLC Address 4001 Oak Hammond Lane Fort Pierce FL 34981 6. Certificate Expiration Date 12/3/2011 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. Signe O< ~ Date:ll/30/2009 Growth Management Director St Lucie County, Florida Monday, November 30, 2009 Page 1 of 2