HomeMy WebLinkAbout10-010 1 RESOLUTION NO. 10-010
2 FILE NO.: MJSP 420093967
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4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING
5 THE NATIONAL ELEPHANT CENTER MAJOR SITE PLAN APPROVAL FOR THE
6 PROJECT TO BE KNOWN AS THE NATIONAL ELEPHANT CENTER, IN THE AG-
~ 5 (AGRICULTURAL - 5 DU/ACRE) ZONING DISTRICT FOR CERTAIN
s PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA
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to WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
11 testimony and evidence, including but not limited to the staff report, has made the following
12 determinations:
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14 1. The National Elephant Center presented a petition for Major Site Plan approval to allow for
15 the development of approximately thirty-four (34) acres of a 326.48 acre leased property
16 consisting of two (2), 12,884 square foot barns, a 2,516 square foot keeper work center, a
17 1,600 square foot observation lookout tower, four (4), 600 square foot shade structures,
is two (2), 10,500 square foot paddocks, and two (2) enclosed pasture areas totaling
19 fourteen (14) acres in the AG-5 (Agricultural- 5 du/acre) zoning district for the property
2 o depicted on the attached map in Exhibit A, and described in Part B below.
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22 2. The Development Review Committee has reviewed the site plan forthe proposed project
23 and found it to meet the minimum technical requirements of the St. Lucie County Land
24 Development Code (LDC) and to be consistent with the future land use maps from the St.
25 Lucie County Comprehensive Plan.
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2~ 3. The proposed project is consistent with the general purpose, goals, objectives, policies
2s and standards of review of the LDC, the St. Lucie County Comprehensive Plan, and the
29 Code of Ordinances of St. Lucie County.
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31 4. The proposed project will not have an undue adverse effect on adjacent property, the
32 character of the neighborhood, traffic conditions, parking, utility facilities, or other matters
33 affecting the public health, safety and general welfare.
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35 5. All reasonable steps have been taken to minimize any adverse effect of the proposed
36 project on the immediate vicinity through building design, site design, landscaping, and
37 screening.
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3 9 6. The proposed project will be constructed, arranged and operated so as not to interfere with
4o the development and use of neighboring property, in accordance with applicable district
41 regulations.
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43 7. Water service for the proposed project will be served by on-site wells and sewer will be
44 provided by septic and drainfield systems with permit approval from the St. Lucie County
45 Health Department.
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File No: MJSP 42009396' .IOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Resolution No. 10-010
January 26, 2010 SAINT LUCIE COUNTY Page 1
FILE # 3445701 02!26/2010 at 09:48 AM
OR BOOK 3174 PAGE 1311 - 1318 Doc Type: RESO
RECORDING: $69.50
1 8. The applicant has applied for and received a certificate of capacity, a copy of which is
2 attached to this order as Exhibit B, as required under Chapter V, LDC.
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4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
5 County, Florida:
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~ A. Pursuant to Section 11.02.07 of the LDC, the site plan for the project to be known as The
s National Elephant Center is hereby approved as depicted on the site plan drawings for the
9 project prepared by Construction Engineering Group dated January 27, 2010, and date
io stamped received by the St. Lucie County Growth Management Director on January 28,
li 2010, for the property described below, subject to the following conditions:
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13 1. Development of the site is limited to a maximum of ten (10) elephants within the
14 thirty-four (34) acre portion of the 326.48 acre site as approved by the Board of
i5 County Commissioners. All adjustments or modifications must be approved by the
16 Board of County Commissioners, unless the proposed adjustments are required to
i~ meet conditions of approval or are in accordance with Section 11.02.04(C) of the
is LDC.
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2 0 2. Prior to approval of a Vegetation Removal Permit or Exemption, the applicant shall
z 1 have either performed listed species surveys in accordance with Florida Fish and
22 Wildlife Conservation Commission and US Fish and Wildlife Service protocols or
z3 shall have provided Environmental Resources Department with correspondence
24 from Florida Fish and Wildlife Conservation Commission or US Fish and Wildlife
z5 Service, as appropriate, indicating that such surveys would not be necessary for
26 the site. If surveys are warranted, methods and results shall be provided to
z ~ Environmental Resources Department per Comprehensive Plan Policy 8.1.12.5. In
2s the event that surveys warrant site plan revisions based on Florida Fish and
z9 Wildlife Conservation Commission or US Fish and Wildlife Service
3o recommendations, such revisions would require St. Lucie County review and
3 i approval, as per the LDC.
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3 3 3. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
34 have obtained and provided Environmental Resources Department with copies of
3s any required federal and state permits, including but not limited to a US Fish and
36 Wildlife Service (FWS) Incidental Take Permit and associated FWS-approved
37 Habitat Conservation Plan. If federal or state agency compliance requires
3 s modification to the development plans, the applicant will promptly modify the plans
3 9 and submit to SLC for review and approval as required by the LDC. The applicant
4o will not use the County's development approval to prevent compliance with any
41 federal or state agency requirements.
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43 4 . Prior to any future development beyond this development approval of 34 acres
44 within the 326.48 acre leased property, the developer, successor or assign shall be
45 required to place the wetlands and required buffers under a conservation
46 easement. Said conservation easement must be executed within 90 days of site
File No: MJSP 420093967 Resolution No. 10-010
January 26, 2010 Page 2
1 plan approval or prior to issuance of a Vegetation Removal Permit or Exemption,
2 whichever comes first, the applicant shall provide the required executed SLC (or
3 South Florida Water Management District) conservation easement and the
4 Environmental Resources Department-approved Preserve Area Monitoring and
s Management Plan (PAMP) with an attached affidavit, and a cashier's check,
6 payable to the Clerk of the Court for the appropriate recording fees, to the County
~ Attorney for review and approval. A copy of this document can be obtained by
8 visiting the SLC Environmental Resources Department website at:
9 http://www.stlucieco.org/Environmental Resources Department/index.htm
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it 5. If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal
12 implements, or any other physical remains that could be associated with Native
13 American cultures, or early colonial orAmerican settlement are encountered at any
14 time within the project site area, the permitted project should cease all activities
15 involving subsurface disturbance in the immediate vicinity of such discoveries.
i6 The permittee, or other designee, is required to contact the Florida Department of
i~ State, Division of Historical Resources, Review and Compliance Section.
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is 6. The presence and/or use of bullhooks shall be prohibited at this facility.
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z i 7. The Board encourages the National Elephant Center to create an advisory
z2 committee to review the operational aspects of the facility.
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24 8. The applicant shall comply with all local, state and federal laws concerning animals
2s and provide an annual report (including but not limited to the welfare of the
26 elephants, statistics on the number of live births and number of elephants
z~ transferred to and from the site) to the Board of County Commissioners. In the
2 8 event that there are violations, the Board of County Commissioners reserves the
29 right to revoke site plan approval.
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31 9. There shall be no electric fences installed on-site to protect habitat.
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33 10. Paved access shall be provided unless a waiver is granted by the Board of County
34 Commissioners (after a public hearing) in accordance with Section 7.05.07 of the
35 St. Lucie County Land Development Code.
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37 B. The property on which this Major Site Plan is being approved is described as follows:
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3 9 A parcel of land lying in a portion of Sections 18,19 and 30, Township 36 South,
4o Range 37 East, St. Lucie County, Florida and being more particularly described
4 i as follows:
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43 Beginning at the southeast corner of Section 24, Township 36 South, Range 36
44 East, Okeechobee County, Florida, said point being the point of beginning;
45 thence north 00 degrees 31 minutes 35 seconds west along the east line of the
4 6 southeast one-quarter of said Section 24, for 1,572.86 feet; thence departing said
File No: MJSP 420093967 Resolution No. 10-010
January 26, 2010 Page 3
i east line north 89 degrees 28 minutes 25 seconds east, for 50 feet to a point on a
a line 50 feet east of and parallel with aforesaid east line of the southeast one-
3 quarter of said Section 24; thence north 00 degrees 31 minutes 35 seconds west
4 along said parallel line, for 377.07 feet; thence departing said parallel line north
s 68 degrees 16 minutes 54 seconds east, for 425.24 feet; thence north 52 degrees
6 43 minutes 18 seconds east, for 305.26 feet; thence north 03 degrees 30 minutes
~ 23 seconds east, for 191.46 feet; thence north 16 degrees 35 minutes 46
$ seconds east, for 234.32 feet; thence north 12 degrees 17 minutes 34 seconds
9 west, for 112.98 feet; thence south 84 degrees 23 minutes 26 seconds west, for
io 280.99 feet; thence north 05 degrees 13 minutes 14 seconds west, for 235.06
ii feet; thence north 52 degrees 28 minutes 11 seconds west, for 509.57 feet to a
lz point on a line 50 feet east of and parallel with the east line of the northeast one-
13 quarter of said Section 24; thence north 00 degrees 31 minutes 04 seconds west
14 along said parallel line, for 1,701.61 feet to a point on a line 50 feet east of and
15 parallel with the east line of the southeast one-quarter of Section 13, Range 36
16 South, Township 36 East, Okeechobee County, Florida; thence north 00 degrees
l~ 31 minutes 28 seconds west along said parallel line, for 1,313.73 feet; thence
la departing said parallel line north 89 degrees 36 minutes 52 seconds east, for
i9 2,516.39 feet; thence south 00 degrees 23 minutes 08 seconds east, for 3,668.17
ao feet; thence north 73 degrees 23 minutes 10 seconds west, for 249.76 feet;
al thence north 39 degrees 46 minutes 42 seconds west, for 429.92 feet; thence
az north 76 degrees 48 minutes 36 seconds west, for 126.12 feet; thence south 52
23 degrees 32 minutes 17 seconds west, for 261.81 feet; thence south 05 degrees
24 57 minutes 11 seconds west, for 126.55 feet; thence south 20 degrees 19
zs minutes 58 seconds east, for 143.23 feet; thence south 51 degrees 57 minutes 09
z 6 seconds west, for 290.84 feet; thence south 18 degrees 17 minutes 07 seconds
a ~ west, for 260.91 feet ;thence south 42 degrees 00 minutes 23 seconds east, for
a s 163.16 feet; thence south 71 degrees 55 minutes 29 seconds east, for 149.19
z9 feet; thence south 09 degrees 25 minutes 11 seconds east, for 266.06 feet;
3o thence south 65 degrees 06 minutes 45 seconds east, for 242.42 feet; thence
31 south 21 degrees 39 minutes 16 seconds east, for 295.44 feet; thence south 24
32 degrees 44 minutes 18 seconds west, for 212.78 feet; thence south 26 degrees
33 11 minutes 59 seconds east, for 193.94 feet; thence north 89 degrees 36 minutes
34 52 seconds east, for 509.88 feet; thence south 00 degrees 23 minutes 08
35 seconds east, for 1,206.92 feet; thence south 89 degrees 36 minutes 52 seconds
36 west, for 2,551.87 feet to a point on the east line of the northeast one-quarter of
3 ~ Section 25, Range 36 South, Township 36 East, Okeechobee County, Florida;
3 $ thence north 00 degrees 02 minutes 11 seconds west along said east line, for
39 110.62 feet to the point of beginning.
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41 C. The approvals and authorizations granted by this resolution are for the purpose of
42 obtaining building permits on this property, and shall expire on January 26, 2012, unless
43 the developer has obtained building permits for the site plan described in Part A or an
44 extension has been granted in accordance with Section 11.02.06.6.2., St. Lucie County
45 Land Development Code.
File No: MJSP 420093967 Resolution No. 10-010
January 26, 2010 Page 4
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2 D. The Major Site Plan approval granted under this Resolution is specifically conditioned to
3 the requirement that the petitioners, including any successors in interest, shall obtain all
4 necessary development permits and construction authorizations from the appropriate State
5 and Federal regulatory authorities, including but not limited to: the United States Army
6 Corps of Engineers, the Florida Department of Environmental Protection, and the South
7 Florida Water Management District, prior to the issuance of any local building permits or
s authorizations to commence development activities on the property described in Part B.
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to E. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid
11 for the period of site plan approval. Should the Site Plan approval granted by this
12 resolution expire or an extension be sought pursuant to Section 11.02.06.8.2. of the St.
13 Lucie County Land Development Code, a new certificate of capacity shall be required.
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15 F. A copy of this resolution shall be attached to the site plan drawings described in Part A,
16 which plan shall be placed on file with the St. Lucie County Growth Management Director.
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la G. The conditions set forth in Part A are an integral nonseverable part of the site plan
19 approval granted by this resolution. If any condition set forth in Part A is determined to be
2 o invalid or unenforceable for any reason and the developer declines to comply voluntarily
21 with that condition, the site plan approval granted by this resolution shall become null and
22 void.
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24 H. A copy of this resolution shall be mailed, return receipt requested to the developer and
25 agent of record. This resolution shall be recorded in the Public Records of St. Lucie
2 6 County. The recording of this resolution does not authorize the commencement of any on-
z 7 site development activities without obtaining such further development permits as maybe
2s required.
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File No: MJSP 420093967 Resolution No. 10-010
January 26, 2010 Page 5
1
2 After motion and second, the vote on this resolution was as follows:
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4 Charles Grande, Chairman AYE
5
6 Doug Coward, Vice-Chair AYE
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8 Chris Dzadovsky, Commissioner AYE
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to Paula Lewis, Commissioner AYE
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12 Chris Craft, Commissioner AYE
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14 PASSED AND DULY ADOPTED this 26th day of January 2010.
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16 _ BOARD OF COUNTY COMMISSIONERS
.~_~,.~~2 ST. LUCIE ~OUN,TY, FLORIDA
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24 ATTEST: c ` ~ * APPROVED AS TO FORM
25 ~ " AND ORRECTNESS~
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3 o DEPUTY CLERK COUNTY ATT N
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File No: MJSP 420093967 Resolution No. 10-010
January 26, 2010 Page 6
Exhibit A
General Location Map
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- National Elephant Center
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St Lucie County
Certificate of Capacity
Date 12/29/2009 Certificate No. 2849
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 The National Elephant Center
Number of units Number of square feet 32284
2. Property legal description & Tax ID no.
311921100010009 & 313021100010004
E. of the Okeechobee Landfill
The National Elephant Center
3. Approval: Building Resolution No. 10-010 Letter
4. Subject to the following conditions for concurrency:
See attached Resolution for details on the number/type of units and combined square footage
Owner's name
The National Elephant Center
Address
5555 Zoo Boulevard
Wichita KS 67212
6. Certificate Expiration Date 1/26/2012
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: 1/29/2010
Growth Management Director
St Lucie County, Florida
Friday, January 29, 2010 Page 1 of 2