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
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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:
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Page 6
COUNTY AT~ieRf~EY
Resolution No. 12-114
File No.: PNRD 620114283
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EXHIBIT `°A"
LOCATION MAP
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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.
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