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HomeMy WebLinkAbout12-1141 RESOLUTION NO. 12-114 2 File Number: PNRD 620114283 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 5 ST. LUCIE COUNTY, FLORIDA, FOR AN AMENDMENT TO THE 6 OFFICIAL ZONING ATLAS FROM CG (COMMERCIAL, GENERAL) 7 AND RS-4 (RESIDENTIAL, SINGLE FAMILY- 4) TO PNRD (PLANNED 8 NON RESIDENTIAL DEVELOPMENT), AND PRELIMINARY AND FINAL 9 PLANNED NON RESIDENTIAL DEVELOPMENT SITE PLAN 10 APPROVAL FOR THE PROJECT KNOWN AS PORT ST. LUKE 11 SHOPPING CENTER ON CERTAIN LAND IN ST. LUCIE COUNTY, 12 FLORIDA. 13 14 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based 15 on the testimony and evidence, including but not limited to the staff report, has made 16 the following determinations: 17 18 CHANGE IN ZONING 19 20 1. St. Lucie Realtv Group, LLC presented a petition for an Amendment to the 21 Official Zoning Atlas from the CG (Commercial, General) and RS-4 22 (Residential, Single Family - 4) to the PNRD (Planned Non Residential 23 Development) Zoning District, located at the northwest corner of U.S. Highway 24 No.1 and Prima Vista Boulevard for certain property in St. Lucie County, 25 Florida, as depicted on the attached map as Exhibit "A" and described in Part 26 "A" below. 27 28 2. On July 19, 2012, the St. Lucie County Planning and Zoning Commission held 29 a public hearing on the petition, after publishing a notice at least 10 days prior 30 to the hearing and notifying by mail all owners of property within 500 feet of 31 the subject property and continued the meeting to the September 27, 2012 32 Planning and Zoning Commission meeting. 33 34 3. On September 27, 2012, the Planning and Zoning Commission resumed the 35 public hearing and recommended that the Board of County Commissioners 36 approve the hereinafter described request for a Change in Zoning from the 37 CG (Commercial, General) and RS-4 (Residential, Single Family - 4) to the 38 PNRD (Planned Non Residential Development) Zoning District, for the 39 property depicted on the attached map as Exhibit "A" and described in Part 40 "A" below. 41 42 4. On October 23, 2012, this Board held a public hearing on this petition after 43 publishing a notice of such hearing in the St. Lucie News Tribune and 44 notifying by mail all property owners within 500 feet of the subject property at 45 least 10 days prior to the hearing. October 23, 2012 Resolution No. 12-114 Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT File No.: PNRD 620114283 SAINT LUCIE COUNTY FILE # 3769375 11/14/2012 at 04:44 pM OR BOOK 3953 PAGE 2373 - 2381 Doc Type; RESO RECORDING: $79.00 5. The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. SITE PLAN 6. The Preliminary and Final PNRD Site Plan consists of a 6,711 s.f. expansion of the existing shopping center plaza with architectural and landscaping enhancements for the property depicted in the attached map as Exhibit "A" and described in Part "C" below. 7. On July 19, 2012, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing a notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property and continued the meeting to the September 27, 2012 Planning and Zoning Commission meeting. 8. On September 27, 2012, the Planning and Zoning Commission resumed the public hearing and recommended to the Board of County Commissioners approval of the Preliminary and Final Site Plan for the project to be known as Port St. Lucie Shopping Center. 9. On October 23, 2012 this Board held a public hearing on the petition after publishing a notice of such hearing in the St. Lucie News Tribune and notifying by mail all property owners within 500 feet of the subject property at least 10 days prior to the public hearing. 10. The St. Lucie County Development Review Committee has reviewed the Preliminary and Final Planned Non Residential Development Site Plan for the project and found it to meet all technical requirements and to be consistent with the Future Land Use Map of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part B of this Resolution. 11. The Board of County Commissioners granted a 9.6% reduction in required number of off-street parking spaces as required in Section 7.06.02 (Table 20), LDC and a two foot reduction in the two-way, drive aisle width as required in Section 7.06.02 (Table 7-21), LDC. 12. The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 13. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility October 23, 2012 Resolution No. 12-114 Page 2 File No.: PNRD 620114283 facilities or other matters affecting the public health, safety and general welfare. 14.A11 reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 15. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 16.The proposed project will be served potable water and wastewater services by Port St. Lucie Utilities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: CHANGE IN ZONING A. The property on which the Change in Zoning from CG (Commercial, General) and RS-4 (Residential, Single Family - 4) to the PNRD (Planned Non Residential Development) is being granted is described as follows: Lot 2, Block 27 and all of Tract `D' according to the Plat of River Park Unit #3, as per Plat thereof on file in Plat Book 10, at Page 80 of the Public Records of St. Lucie County, Florida. Less and accept the lands of Mobil Oil Corporation as recorded in O.R. Book 201, Page 33 and lands of Charles N. and Olive Webb as recorded in O.R. Book 201, Page 1634 of the Public Records of St. Lucie County, Florida. Less a 33 foot easement as recorded in O.R. Book 929, Page 2453 of the Public Records of St. Lucie County, Florida. Parcel ID Numbers: 341951500010003, 341951500010106 and 341951501780004. SITE PLAN B. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Planned Non Residential Development Preliminary and Final Site Plan for the project known as Port St. Lucie Shopping Center is hereby approved as shown on the site plan drawings for the project prepared by EDC, Inc. dated June 11, 2012, and the architectural drawings (exterior building elevations and exterior signage) prepared by Donadio and Associates, Architects P.A. dated November 11, 2011 and date stamped received by the St. Lucie County Planning & Development Services Department on November 1, 2012, subject to the following conditions: October 23, 2012 Resolution No. 12-114 Page 3 File No.: PNRD 620114283 1 1. Prior to the issuance of a right of way permit, the applicant shall execute a Road 2 Improvement Agreement with St. Lucie County and submit a surety for the 3 proposed public improvements. The amount of surety shall be 115% of the 4 engineer's estimate of probable cost. The amount of surety shall be approved by 5 the County Engineer and the form of surety shall be approved by the County 6 Attorney. A copy of the standard "Agreement" can be obtained by visiting the St. 7 Lucie County Public Works Department web page at: www.stlucieco.oov. 8 9 2. Within 90 days after receiving final site plan approval, the applicant shall convey 10 the required road right-of-way for Camino Street. Manner and form of 11 conveyance shall be acceptable to the County Attorney. The sketch and legal 12 description shall be prepared by a Florida licensed surveyor and mapper. 13 Pursuant to Chapter 7.05.03 of the St. Lucie County Land Development Code, 14 the applicant may be granted credits against road impact fees. 15 16 3. Prior to the issuance of a Building Permit, the applicant shall provide a fair share 17 contribution, payable to St. Lucie County in the amount of $3,750.00 for a costs 18 of constructing future covered shelters for transit stops in the general area. 19 20 4. All on-site exterior lighting shall be cast downward and shielded from adjacent 21 properties. 22 23 5. Prior to the issuance of a Certificate of Occupancy, the property owner shall 24 submit a tabular summary that includes each tenant and the square footages for 25 all uses on site to the County's Code Enforcement Division. This summary shall 26 be updated and submitted each time an interior renovation permit and business 27 tax license are submitted to the County for review and approval. 28 29 6. Prior to the issuance of a Certificate of Occupancy, the perimeter eight (8) foot 30 high wall shall be installed. 31 32 C. The property on which this Preliminary and Final PNRD Site Plan approval is being 33 granted is legally described as follows: 34 35 Lots 1 and 2, Block 27 and all of Tract `D' according to the Plat of River Park Unit #3, 36 as per Plat thereof on file in Plat Book 10, at Page 80 of the Public Records of St. 37 Lucie County, Florida. Less and accept the lands of Mobil Oil Corporation as 38 recorded in O.R. Book 201, Page 33 and lands of Charles N. and Olive Webb as 39 recorded in O.R. Book 201, Page 1634 of the Public Records of St. Lucie County, 40 Florida. Less a 33 foot easement as recorded in O.R. Book 929, Page 2453 of the 41 Public Records of St. Lucie County, Florida. 42 43 Parcel ID Numbers: 341951500010003, 341951500010106, 3419515017770007, 44 and 341951501780004. October 23, 2012 Resolution No. 12-114 Page 4 File No.: PNRD 620114283 D. The approvals and authorizations granted by this Resolution for the purposes of obtaining building permits shall expire on October 23, 2014 unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code, or a Major Adjustment to the Final PNRD Site Plan is granted. E. Any modification to the approved PNRD Preliminary and Final Site Plan legally described in Part C shall be in accordance with Section 11.02.05, St. Lucie County Land Development Code. Any adjustment that is considered a Major Adjustment shall be granted only with approval by the Board of County Commissioners after a public hearing. F. The Preliminary and Final Planned Non Residential Development Site Plan approvals granted under this Resolution are specifically conditioned to the requirement that the petitioner, St. Lucie Realty Group, LLC, including any successors or assigns in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United Stated Army Corp of Engineers, the Florida Department of Environmental Protection, Fort Pierce Utilities Authority and the South Florida Water Management District, prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. G. The conditions set forth in Part B are an integral non-severable part of the site plan approval granted by this Resolution. If any condition set forth in Part B is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. H. A Certificate of Capacity, a copy of which is attached hereto as Exhibit B and made a part hereof the Resolution, was granted by the Planning & Development Services Department Director on October 23, 2012. The St. Lucie County Director of Planning & Development Services shall be authorized to amend the Official Zoning Map to change the zoning of the parcels herein described, from the CG (Commercial, General) and RS-4 (Residential, Single Family - 4) Zoning Districts to the PNRD (Planned Non Residential Development) Zoning District, and to make notation of the reference to the date of adoption of this resolution. J. A recorded copy of this Resolution shall be attached to the site plan drawings described in Part B, which plan shall be placed on file with the St. Lucie County Planning & Development Services Department Director. October 23, 2012 Resolution No. 12-114 Page 5 File No.: PNRD 620114283 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 K. ADOPTION After motion and second, the vote on this resolution was as follows: Chris Dzadvosky, Chairman AYE Tod Mowery, Vice-Chair AYE Paula Lewis, Commissioner AYE Chris Craft, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 23rd day of October, 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY /~ Chairta~an / ATTEST: APPROVED AS TO FORM AND CORRECTNESS: ..-~~ ~ - 4 ~L _ R.. ~.~~ ~ ~ y ~~~. DEPUT CLE = ar ~ ~' ~ ~`~ ~ . ~ ~a ., a. ~ ~ _ -~_ v^~ ~: .:~a <; ~~~ _ ,~.. _..-~~ ``~; ; ` ~.- a October 23, 2012 Page 6 COUNTY AT~ieRf~EY Resolution No. 12-114 File No.: PNRD 620114283 1 2 3 4 6 I 7 ?_i, 0 ~ ~.a_ i "~ O c_ ;~.. '~~ sv ~ ,, - , ~_~ 4~~~I '~ ~ ~ - i2_ ~ ~ = - ~ << 1 ~ ~ ~ r, '% i ~ " ~-- ~, ~ j ~ ~~ ~~ ~ , -a m I 8 9 10 11 12 13 14 15 16 17 18 19 20 ~o ;~ EXHIBIT `°A" LOCATION MAP G ~~ Lucie " ' part Sn9 Center Shope PNRD-6___._ 201142x3_,.__"_.__ ~_~`1, _~ti_ ~ ~ _ ~ _ . ` ~~~ , ' - -1 ~-_ ~ , ~ '~ `? =~ ' ( ,~ , Savanna Club Bi Resolution N°~ 12-114 File No.: PNRD 620114283 October 23, 2012 Page 7 EXHIBIT B CERTIFICATE OF CAPACITY October 23, 2012 Resolution No. 12-114 Page 8 File No.: PNRD 620114283 _ 2300 Virginia Avenue ~' ~ - ~ Ft. Pierce, FL 34982 • CERTIFICATE OF CAPACITY c7~2>-as2-2822 Date: 6/28/2012 Certificate No. 2896 ~ 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 Port St. Lucie Shopping Center PNRD Number of units 2 ~ Number of square feet 31,169 2. Property legal description 8 Tax ID no. 341951500010003,341951500010106,341951501770007, and 341951501780004 NW corner of US Hwy No.1 & Prima Vista Blvd. Port St. Lucie Shopping Center PNRD 3. Approval: Building Permit Resolution No. 12-114 4. Subject to the following conditions for concurrency: As per Resolution No. 12-114 Owner's name St. Lucie Realty Group, LLC Address 469 Mariner Drive Jupiter FL Letter 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. 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. f------~ i~-~ / ~1 ~i~IL ~~~~~-~ Signed ~~~~.~!~ ~; ~D Z3~ZOl~ r ~ / St Lucie Co~~u~~~~n~~ty,~~Florida , ~' O~hNdi~_ Signe i~~ ~~~ ! V ~~/~.v~Z ~. (/ ~/