HomeMy WebLinkAboutPDS-10-037 - Dogs & Cat Forever Amending Resolution No. 08-237 1 PDS 10-037
2 File No: CU-720081505
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4 AN ORDER OF THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR
5 GRANTING APPROVAL FOR A MINOR ADJUSTMENT TO A CONDITIONAL
6 USE PERMIT KNOWN AS DOGS AND CATS FOREVER AMENDING
~ RESOLUTION NO. 08-237.
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9 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
io request for minor adjustment to a conditional use permit on behalf of Dogs and Cats Forever,
ii Inc. and made the following determinations:
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i3 1. On December 2, 2008, the Board of County Commissioners approved the petition of
i4 Dogs and Cats Forever, Inc. for a Conditional Use Permit to allow the operation of a
is kennel completely enclosed in the AR-1 (Agricultural Residential - 1 du/acre) Zoning
i6 District.
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is 2. Through Resolution No. 08-237, the Board of County Commissioners granted approval of
i9 Dogs and Cats Forever Conditional Use Permit, a non-profit organization that provides
ao safe harbor for abandoned dogs and cats and is operated solely by volunteers and
a i provides a unique community service, which the petitioner has continued to provide and
aa expand in an especially difficult economic time.
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a4 3. Resolution No. 08-237 included a condition of approval for the provision of a multi-use
as path on Selvitz Road. At this time there is no plan for a multi-use path on Selvitz Road
z6 and there is no nearby path for which the proposed path would join in a reasonable
a~ amount of time.
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a 9 4. The petitioner, Dogs & Cats Forever, Inc., is now seeking approval for a minor adjustment
3o to the previously approved conditional use permit to amend a condition of approval set
3 i forth in Part A of Resolution No. 08-237.
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33 5. The project is consistent with the general purpose, goals, objectives, and standards of
34 the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development
35 Code.
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3~ 6. The project will not have an undue adverse effect on adjacent property, the character of
3 s the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the
3 9 public health, safety, and general welfare.
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4i 7. All reasonable steps have been taken to minimize any adverse effect of the proposed
4a project on the immediate vicinity through building design, site design, landscaping, and
43 screening.
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45 8. The project will be constructed, arranged, and operated so as not to interfere with the
46 development and use of neighboring property, in accordance with applicable district
File No.: CU 720081505 JOSEPFi E. SMITH, CLERK OF THE CIRCUIT COURT GM -10-037
December 16, 2010 SAINT LUCIE COUNTY Page 1
FILE # 3544939 12l22/2010 at 01:35 PM
OR BOOK 3255 PAGE 1461 - 1465 Doc Type: ORD
RECORDING: $44.00
i regulations.
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3 9. The project will be served by adequate public facilities and services.
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s 10. On September 29, 2008, Certificate of Capacity No. 2781 was granted.
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~ NOW, THEREFORE, BE IT ORDERED:
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9 A. Pursuant to Section 11.07.03(E) of the St. Lucie County Land Development Code, a
io minor adjustment to the Conditional Use Permit for pogs and Cats Forever shall be
ii amended, subject to the following conditions:
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i3 1. All previous conditions of approval applicable to the subiect propertv, as contained in
14 Resolution No 08-237 have been consolidated as contained herein. the propertv
is owner shall complv with all previous conditions of approval and deadlines qreviously
i6 established bv Chapter 11 of the LDC and the Board of Countv Commissioners,
i~ unless expresslv modified herein.
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i9 2. Condition A-1 of Resolution No. 08-237, remains.
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ai The kennel operation will be open to the public during the hours of 9:30 a.m. to 4
za p.m.
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z4 3. Condition A-2 of Resolution No. 08-237, has been satisfied.
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a 6 Within 60 days of approval of this permit, the petitioners, their successors or assigns,
a~ shall convey to St. Lucie County, the west 10-feet of the subject property for
zs additional right of way for Selvitz Road. To the extent permitted under the County's
a 9 Code and Compiled Laws, any such dedication may be considered eligible for Road
3o Impact Fee Credits.
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32 4. Condition A-3 of Resolution No. 08-237, is hereby deleted.
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41 5. Condition A-4 of Resolution No. 08-237, has been satisfied.
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43 Prior to issuance of a vegetation removal permit or exemption, the site development
44 plan provided shall be reviewed by ERD for substantial conformity with the site plan
45 dated 7/15/08 submitted as part of the conditional use application.
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4~ 6. Condition A-5 of Resolution No. 08-237, has been satisfied.
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File No.: CU 720081505 GM -10-037
December 16, 2010 Page 2
1 Prior to issuance of a vegetation removal permit or exemption, any required
a mitigation, shall be fulfilled as required by the LDC. If standard mitigation is utilized
3 per LDC 6.00.05(D) 3.a, a detailed tree survey and mitigation plan must be
4 submitted, identifying trees which will be removed due to construction, trees which
s will be preserved for mitigation and distinguish those from trees used for meeting
6 required landscaping. Because of the quality of habitat on this site, ERD will also
~ consider approval of alternative mitigation per LDC 6.00.05(D) 3.b, which preserves
s 25% of the site and meets all tree mitigation requirements for the property.
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io 7. Condition A-6 of Resolution No. 08-237, has been satisfied.
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ia Prior to issuance of a vegetation removal permit or exemption, a conservation
13 easement for the mitigation area determined by either method will be required. The
i4 applicant shall provide all required executed SLC conservation (or SFWMD)
is easements, with a PAMP to be recorded as an exhibit to the easement, for all
16 preserves onsite, along with a cashier's check, payable to the Clerk of the Court for
1~ the appropriate recording fees, to the County Attorney for review and approval. No
is easement will be approved if there are modifications made to the SLC or SFWMD
19 easement form without prior approval of the County Attorney and ERD. Failure to
z o perform this condition within the specified timeframe may result in revocation of the
a i site plan approval.
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a3 8. Condition A-7 of Resolution No. 08-237, has been satisfied.
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z5 Prior to issuance of a vegetation removal permit or exemption, a formal gopher
z6 tortoise survey shall be submitted to Florida Fish and Wildlife Conservation
a~ Commission. A permit for relocation, if deemed necessary, will also be required from
as FWCC.
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30 9. Condition A-8 of Resolution No. 08-237, has been satisfied.
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32 The applicant will comply with all state and federal agency regulations and
33 requirements. Prior to approval of a Notice of Vegetation Removal, the applicant
34 shall have obtained and provided SLC with all required federal and state permits. If
35 federal or state agency compliance requires modification to the development plans,
36 the applicant will promptly modify the plans and submit to SLC for review and
3~ approval as required by the LDC. The applicant will not use the County's
3s development approval to prevent compliance with any federal or state agency
39 requirements.
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4i 10. The applicant shall execute an aareement to pav a fee-in-lieu of in the amount of
4a $11 752 00 for construction of a multi-use path and remit to the Countv the required
43 funds within three vears after receivinq this minor adiustment approval to the DoQs
44 and Cats Forever Conditional Use Permit. The acceqtable method of pavment shall
45 be a certified check pavable to St. Lucie Countv. A copv of the standard "Aqreement"
46 can be obtained bv visitinq the St Lucie Countv Public Works Department website
4~ at~ http~//www.stlucieco.qov/public works/index.htm.
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File No.: CU 720081505 GM -10-037
December 16, 2010 Page 3
i B. The property on which this minor adjustment for conditional use permit is being granted
z is described as follows:
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4 LEGAL DESCRIPTION:
s THE SW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 32, TOWNSHIP 35
6 SOUTH, RANGE 40 EAST. EXCEPTING THEREFROM ALL RIGHTS OF WAY OF
~ PUBLIC ROADS AND DRAINAGE CANALS, AND THE EAST 20 FEET OF THE WEST
a 50 FEET OF THE SW 1/4 OF THE SW 1/4 OF THE SW 1/4 LESS THE SOUTH 46
9 FEET, IN SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST. ALL LYING AND
io BEING IN ST. LUCIE COUNTY, FLORIDA.
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i2 Property Tax ID# 2432-333-0001-000/3
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i4 Location: Northeast of the intersection of Selvitz Road and Devine Road
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i6 C. The approvals granted by this administrative order shall remain for the purpose of
i~ obtaining a Certificate of Occupancy on this property.
i s D. The minor adjustment approval granted under this order is specifically conditioned to the
i9 requirement that the petitioner, Dogs & Cats Forever, Inc. including any successors in
a o interest, shall obtain all necessary development permits and construction authorizations
z i from the appropriate State and Federal regulatory authorities including, but not limited to:
aa the United States Army Corps of Engineers, the Florida Department of Environmental
z 3 Protection, and the South Florida Water Management District, prior to the issuance of
a4 any local building permits of authorizations to commence development activities on the
zs property described in Part B.
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a~ E. The conditions set forth in Part A are an integral nonseverable part of the minor
aa adjustment approval granted by this Development Order. If any condition set forth in
a9 Part A is determined to be invalid or unenforceable for any reason and the developer
3 o declines to comply voluntarily with that condition, the site plan approval granted by this
31 resolution shall become null and void.
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33 F. This order shall be recorded in the Public Records of St. Lucie County.
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File No.: CU 720081505 GM -10-037
December 16, 2010 Page 4
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a ORDER effective the 16th day of December, 2010.
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4 PLANNING & DEVELOPMENT SERVICES
5 ST. LUCIE COUNTY, FLORIDA
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8 BY
9 Mark Sa rlee, AICP
lo Director
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12 APPROVED AS TO FORM
13 AND C ECTNESS:
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l~ Coun Attorney
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File No.: CU 720081505 GM -10-037
December 16, 2010 Page 5