Loading...
HomeMy WebLinkAboutPDS-13-001 - BPSC Industries, LLC Amending Resolution No. 10-0081 PDS 13-001 2 File Number: SPMn 720114308 3 4 AN ORDER OF THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR 5 GRANTING APPROVAL FOR A MINOR ADJUSTMENT TO A MAJOR SITE 6 PLAN KNOWN AS BPSC INDUSTRIES, LLC AMENDING RESOLUTION NO. 7 10-008. 8 9 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the to request for a minor adjustment to a Major Site Plan on behalf of BPSC Industries, LLC and 11 made the following determinations: 12 13 1. On January 5, 2010, the Board of County Commissioners via Resolution No. 10-008 granted 14 major site plan approval of the petition of BPSC Industries, LLC consisting of eight (8) 15 buildings totaling 374,949 square feet with the following uses: 16 17 • 202,949 square feet of warehouse 18 72,000 square feet of office 19 9,000 square feet of mezzanine 20 91,000 square feet of light manufacturing 21 22 2. On January 12, 2012, the Planning and Development Services Director in accordance with z 3 Florida Statutes authorized a site plan extension which is scheduled to expire on November 2 4 27, 2014. 25 2 6 3. The petitioner, BPSC Industries, LLC is now seeking an approval for a minor adjustment to 27 the previous approved Major Site Plan to amend the site plan that results in the elimination 2 8 of the eastern portion of the property that is currently zoned PNRD, Planned Non Residential 2 9 Development and conditions of approval set forth in Part A of Resolution No. 10-008. 30 31 4. The project is consistent with the general purpose, goals, objectives, and standards of the 32 St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code. 33 34 5. The project will not have an undue adverse effect on adjacent property, the character of the 35 neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public 36 health, safety, and general welfare. 37 38 6. All reasonable steps have been taken to minimize any adverse effect of the proposed project 39 on the immediate vicinity through building design, site design, landscaping, and screening. 40 41 7. The project will be constructed, arranged, and operated so as not to interfere with the 42 development and use of neighboring property, in accordance with applicable district 43 regulations. 44 45 8. The project is to be served by adequate public facilities and services. 46 File No.: SPMn 720114308 ~osEPH E. sMITH, CLERK OF THE CIRCUIT COURT PDS 13-001 January 7, 2013 SAINT LUCIE COUNTY Page 1 FILE # 3789487 01/11/2013 at 09:04 AM OR BOOK 3473 PAGE 1583 - 1587 Doc Type: ORD RECORDING: $44.00 9. On January 5, 2010 a Certificate of Capacity was granted. to 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 46 47 NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.04 (C) of the St. Lucie County Land Development Code, a minor adjustment to the Major Site Plan for BPSC Industries LLC is hereby approved as shown on the site plan (dated August 24, 2012) -prepared by Engineering Design and Construction, Inc., date stamped received by the St. Lucie County Planning and Development Services Department on December 20, 2012 is being granted for the property described below, subject to the following conditions: 1. All previous conditions of approval to the subject property, as contained in Resolution No. 10-008 have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Chapter 11 of the LDC and the Board of County Commissioners, unless expressly modified herein. 2. Condition A-1 of Resolution No. 10-008, is hereby amended: No development permits shall be issued until complete sets of sealed constructible final engineering plans, supporting calculations and survey data for the site work and offsite improvements are approved by the Office of the County Engineer, Public Works Department, Utilities Department, Environmental Resources Department, Planning and Development Services Department, Fire Department, and any other agency that may be determined by the Planning and Development Services Director to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Planning and Development Services Department. 3. Condition A-2 of Resolution No. 10-008 is hereby satisfied. The Board of County Commissioners accepted the conveyance of required right-of-way for Center Road and 53~d Street on March 23, 2010. 4. Condition A-3 of Resolution No. 10-008 remains: Prior to the issuance of a right of way permit, the applicant shall execute a Road Improvement Agreement with St. Lucie County and submit a surety for the proposed public improvements. The amount of surety shall be 115% of the engineer's estimate of probable cost. The amount of surety shall be approved by the County Engineer and the form of surety shall be approved by the County Attorney. A copy of the standard "Agreement" can be obtained by visiting the St. Lucie County Public Works Department File No.: SPMn 720114308 January 7, 2013 PDS 13-001 Page 2 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 ?4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 website at: http://www.stlucieco.ctov/public works/index.htm. 5. Condition A-4 of Resolution No. 10-008 is hereby amended: Within 90 days the applicant shall enter into a Proportionate Fair Share Agreement for the development's traffic impacts to the following intersections on King's Highway: Angle Road and St. Lucie Boulevard. 6. Conditions A-5 through A-8 of Resolution No. 10-008 are hereby deleted and replaced with conditions listed below. 7. The County's issuance of development approval does not constitute compliance with anv federal and state requirements. Applicable, federal and state approvals/permits are required prior to the commencement of anv development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 8. Per Florida Statute 125.022, the issuance of development approval does not create any liability on the part of the county if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or fprlaral law 9. Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development. B. The property on which this minor adjustment to Major Site Plan approval is being granted is described as follows: LEGAL DESCRIPTION: PARCEL 1: THE WEST'/Z OF THE SE'/. OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING +/- 17.70 ACRES PARCEL 3 THE SOUTH 583.8 FEET OF THE NORTH 633.8 FEET OF THE EAST'/z OF THE SE'/. OF THE NW '/. OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING THEREFROM RIGHTS OF WAY DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING +l- 8.92 ACRES File No.: SPMn 720114308 January 7, 2013 PDS 13-001 Page 3 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 46 47 PARCEL 4 THE SOUTH 583.8 FEET OF THE NORTH 1217.6 FEET OF TE EAST'/Z OF THE SE'/. OF THE NW '/. OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING +/- 8.77 ACRES ALL LYING AND BEING WITHIN ST. LUCIE COUNTY, FLORIDA CONTAINING +/- 35.39 TOTAL ACRES. PROPERTY TAX IDENTIFICATION NUMBER: PART OF 1431-130-0000-010-0 C. The approvals granted by this administrative order shall remain for the purpose of obtaining a Certificate of Occupancy on this property. D. The minor adjustment approval granted under this order is specifically conditioned to the requirement that the petitioner, BPSC Industries, LLC including any successors 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 States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. The conditions set forth in Part A are an integral nonseverable part of the minor adjustment approval granted by this Development Order. If any condition set forth in Part A 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. F. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan application. G. This order shall be recorded in the Public Records of St. Lucie County. File No.: SPMn 720114308 January 7, 2013 PDS 13-001 Page 4 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 ORDER effective the 7th day of January, 2013. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Mark Sa erlee;~ ICP Director APPROVED AS TO FORM AND CORRECTNESS: BY File No.: SPMn 720114308 January 7, 2013 PDS 13-001 Page 5