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HomeMy WebLinkAbout10-029 i 1 RESOLUTION 10-029 2 FILE NO.: CUMJ 120091939 3 4 A RESOLUTION GRANTING APPROVAL FOR A 5 MAJOR ADJUSTMENT TO A CONDITIONAL USE 6 TO ALLOW FOR THE EXPANSION OF A CHILD 7 CARE FACILITY 8 9 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on 10 the testimony and evidence, including but not limited to the staff report, has made the 11 following determinations: 12 13 1. William E. Wilson presented a petition for a Major Adjustment to a Conditional Use 14 to allow for the expansion of an existing child care facility in the I (Institutional) Zoning 15 District, for the property depicted on the attached maps as Exhibit "A"and described in Part 16 B below. 17 18 2. On August 4, 1992, through Resolution 92-101, the Board of County Commissioners 19 granted a major adjustment to an existing conditional use for the Peppermint Patti's Child 20 Care facility in an I (Intuitional) Zoning District. 21 22 3. On August 10, 2009, through Growth Management Order CD-99-010, the Growth 23 Management Director approved a minor site plan for the project known as Virginia Avenue 24 Medical Office that includes the property described in Part B below. 25 26 4. On February 2, 2010, this Board held a public hearing on this petition, after 27 publishing a notice of such hearing and notifying by mail all owners of property within 500 28 feet of the subject property. 29 30 5. The child care facility is an existing facility license by the Florida Department of 31 Children and Families at the subject location. 32 33 6. The proposed major adjustment is consistent with the goals, objectives, and policies 34 of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 35 11.07.03 of the St. Lucie County Land Development Code. 36 37 7. The proposed project will not have an undue adverse effect on adjacent property, 38 the character of the neighborhood, traffic conditions, parking, utility facilities, or other 39 matters affecting the public health, safety and general welfare. 40 February 2, ^ Resolution 10-029 Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT File No.: CUMJ 120091939 SAINT LUCIE COUNTY FILE # 3446874 D3/03/2010 at 10:18 AM OR BOOK 3175 PAGE 1348 - 1354 Doc Type: RESO RECORDING: $61.00 i i 1 8. The proposed project will be served potable water and wastewater services by the 2 Fort Pierce Utilities Authority. 3 4 9. The Certificate of Capacity, a copy which is attached to this resolution as Exhibit B, 5 was granted by the Director of Growth Management on January 14, 2010. 6 7 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 8 St. Lucie County, Florida: 9 10 A. Pursuant to Section 11.07.05(E)(2) of the St. Lucie County Land Development 11 Code, a Major Adjustment to a Conditional Use to allow a 1,176 square foot 12 building addition to an existing child care facility is hereby granted for the 13 property described below, subject to the following conditions: 14 15 1. The site improvements and operation areas shall be consistent with the 16 Minor Site Plan project known as Virginia Avenue Medical Office, as shown on 17 the site plan drawings prepared by Engineering Design & Construction Inc., date 18 stamped received by the St. Lucie County Growth Management Department on 19 April 28, 2009, and approved by the Growth Management Director on August 10, 20 2009, through GM Order 09-010, subject to the conditions therein. Major or 21 minor revisions to the site plan may be made consistent with the St. Lucie 22 County Land Development Code. 23 24 2. Should the site plan approval granted through GM-09-010 expire, the 25 approvals granted herein shall be considered null and void and a new 26 conditional use approval shall be required to expand the existing child care 27 facility. 28 29 3. Prior to issuance of a certificate of occupancy, the applicant shall provide 30 documentation verifying compliance with all conditions of approval as outlined in 31 the approved site plan GM Order 09-010. 32 33 B. The subject property is described as follows: 34 35 Begin at the intersection of the East right-of-way line of South 39t" Street (50 feet 36 wide) and the North right-of-way line of Harvey Avenue (50 feet wide) which 37 point is 25 feet East and 25 feet North of the Southwest corner of the NE 1/4 of 38 the NW 1/4 of the NW 1/4 of Section 20, Township 35 South, Range 40 East. 39 From said point, run North along the East right-of-way line of South 39t" Street 40 208.90 feet to the Point of Beginning; thence continuing North along the East 41 right-of-way line of 39t" Street 104.46 feet; thence East 140 feet; thence South 42 104.45 feet; thence West 140 feet to the Point of Beginning. February 2, 2010 Resolution 10-029 Page 2 File No.: CUMJ 120091939 i i 1 Said parcel is the same as Lots 5 and 6 of a certain unrecorded Plat of the NW 2 1 /4 of the NW 1 /4 of Section 20, Township 35 South, Range 40 East, prepared 3 by J.W. Whitice, County Surveyor. 4 5 ParcellD: 2420-221-0009-0008 6 Location: 2306 South 39th Street, Fort Pierce, FL. 7 8 C. This conditional use approval shall expire on February 2, 2011, unless the 9 property owner has obtained a zoning compliance for the uses described in Part 10 A above, or an extension has been granted in accordance with Section 11 11.07.05(F), St. Lucie County Land Development Code. 12 13 D. The Certificate of Capacity shall remain valid for the period of conditional use 14 approval. Should the conditional use approval granted by this resolution expire 15 or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie 16 County Land Developmenf Code, a new certificate of capacity shall be required. 17 18 E. The approval granted under this administrative order is specifically conditioned 19 to the requirement that the property owner/petitioner, including any successors 20 in interest, shall obtain all necessary development permits and construction 21 authorizations from the appropriate State and Federal regulatory authorities 22 including, but not limited to; the United States Army Corps of Engineers, the 23 Florida Department of Environmental Protection, and the South Florida Water 24 Management District, prior to the issuance of any local building permits of 25 authorizations to commence development activities on the property described in 26 Part A. 27 28 F. The St. Lucie County Growth Management Director is hereby authorized and 29 directed to cause the notation of this resolution to be made on the Official 30 Zoning Map of St. Lucie County, Florida, and to make notation of reference to 31 the date of adoption of this resolution. 32 February 2, 2010 Resolution 10-029 Page 3 File No.: CUMJ 120091939 i i 1 After motion and second, the vote on this resolution was as follows: 2 3 Charles Grande, Chairman AYE 4 5 Doug Coward, Vice-Chairman AYE 6 7 Chris Dzadovsky, Commissioner AYE 8 9 Chris Craft, Commissioner AYE 10 11 Paula A. Lewis, Commissioner AYE 12 13 PASSED AND DULY ADOPTED this 2nd day of February 2010 14 15 BOARD OF COUNTY COMMISSIONERS 16 ST. LUCIE COUNTY, FLORIDA 17 18 ~'*t 19 20 21 CHAIRMAN 22 23 24 ATTEST: APPROVED AS TO FORM 25 AND CORRECTNESS: 26 27 28 29 30 E UTY - ~f~~r COU TY ATTOR E 31 ~ ' ~ 32 33 ra r, o~ _ ~ rF'~~ February 2, 2010 Resolution 10-029 Page 4 File No.: CUMJ 120091939 tl ~ o m L ~~ff ~ ~ Q C~ N ~ ~ Q ~ ~ ~ ~ Anar~~c U 469°° ~ 6~6~ ~ v' ~ ~ ~ i k F^Y`~ ~ ~ t"256an f.1 ~ ~p 4s } ~~BS m ~ ~ ~f y ~ tn~an ~ °`~U j d ~^d"~~va .,s ~ ~ e~~ecxrr ~ ~ PI a ~ rn m ~~htn `m ~ (A a m ~ f a ~ 435ZN y ~ ~ z s ~ m ~ a a Pne oeoyq Nab ~ ¢ is ~ E ~ s ~ tase8 Q- $ ~ ~ _ ~ pa uewy~e ~ ; O j J ~ ~ P%18 ~ PNe el~n1151~4i ti ~ sail pa sul~uar W?o13 m auawyaej m Y ~ ~ 0.M 1 Pa !eO iq 1 ~ H uDl huH s9uq Fmk Pnle w VI U a5 ~ ~ ~ e~ pa eloulwa, ~ ~ a any uov aw3 a5. ~ p uoysuyor ~ .ya ~ l n v ~ td0 OB e ° Pa ucpsuyor gyb ~ A9a p@~ U.yM Fy,.rN q ~ o ~ ` Pa Pus el9oil I ~ U j - o V peoa uulyg ~ l ~ s pa soil uea ~ ~ ~ m m tl f a r{~ .c ~ leue~ ~epeeH ,r ~ N E V ~ V f ~ K py Bu!RoH leap Us pa peaug Pa u41~~ 1 r~ Im+e~ bZ~ V i a leae~ ez~ e a ~ i r ~ E o _ ~b ea t f r f -----r...__.,.~~ T~-~ ,r.._____~_,...~,~---- If;urro~ aagoy~aa~p - - - - - ~ - - - z Q - . - - - . - - - - - o - - - - ° - - - - m - - - - - _ - N L/ - - - - - - - - - - ~ - - - - _ - - - - l6 - - - - - - - - - - S 367H ST ~ - - - - _ - c.~ - - - - = Q - 15 HJL£ 5 - i - f ~ - ~ ~ - - - - ~ ~ - - 15H18£S + a~~' Q ti a~pe~ r cpp~ r 'oo~? C~') Q t Q ~ ' " ~ ~ a r ~ a`tim`a ~j ~ ~ ~ ~i CSU~ a „C.7 ~ ~ J W f ~ ~ ~ Q v m ~ ~ ~ ¢ 3 ~ ~ ~ ' ~ S 397H S7 i a ~ ~ tb ~ ' U ~ ~ ~ ~ f ~ ~ c~ o r ¦ ma~a~~aa = ~ ~ p N N JC?O ~[n Q tpUU-d'~ ~ • ~ C ~ S 4fl7H 57 + w - ~ J • U _ - - - - iii i ~~f• C~ _ - N - - - - S415757 - - 02i Nb`W.L2iVH ~ a ~ i = Q. - - - ¦ ¦ . - - ¦ - - - - n ti St Lucie County Certificate of Capacity Date 1/14/2010 Certificate No. 2835 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 far: 1. Type of development Major Adjustment to a Conditional Use Number of units 0 Number of square feet 2. Property legal description & Tax ID no. 242022100090008 2306 39th Street, Fort Pierce Virginia Avenue Medical Office 3. Approval: Building Resolution No. Res. 10-010 Letter 4. Subject to the fallowing conditions for concurrency: See Res. 10-010 and GM Order 09-010 Owner's name JWL Enterprises Inc. c/o William E. Wilson Address 8041 SE Orchard Terrace Hobe Sound FL 33455 6. Certificate Expiration Date 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 arderissued with this certificate, ar for subsequent devela t order(s) issued for the same property, use and size as described herein. Signed Date: 1/14/2010 Growth Management Director St Lucie County9 Florida Thursday, January 14, 2010 Page 1 of 2