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Home My WebLink About13-136Resolution No. 2013-136 File No.: CU 520134626 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A PRIVATE ELEMENTARY SCHOOL (GRADES K-5) AND PRE-SCHOOL EDUCATION PROGRAMS IN THE I (INSTITUTIONAL) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Sign With Me Christian Academy presented a petition for a Conditional Use Permit to allow for a private elementary school (grades K-5) and pre-school education programs, in the I (Institutional) Zoning District for the property depicted on the attached map in Exhibit "A" and described in Part B below. 2. On July 18, 2013 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing 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 recommended that the Board of County Commissioners approve the hereinafter described request for a Conditional Use Permit in the (Institutional) Zoning District for the property described in Part B. 3. On August 6, 2013 this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. FINDINGS OF FACT Based on the evidence presented and also based upon the inclusion of the conditions of approval as set forth below in this resolution, the Board of County Commissioners finds as follows: 1. The proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the St. Lucie County Comprehensive Plan, and, subject to the conditions contained in this resolution, meets the technical requirements of the St. Lucie County Land Development Code. August 6, 2013 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT esolution No. 2013-136 File No.: CU 520134626 SAINT LUCIE COUNTY FILE # 3867569 08/2012013 at 11:29 AM Page 1 OR BOOK 3550 PAGE 2628 - 2633 Doc Type: RESO RECORDING: $52.50 2. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. 3. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 4. The proposed project is constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, having made the findings of fact set forth above, makes the following conclusions of law: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit to allow for a private elementary school and pre-school programs, in the I (Institutional) Zoning District, at the location described in Part B, and depicted on the map attached as Exhibit A, is hereby approved subject to the following conditions: 1. The elementary school shall be restricted to grades kindergarten through fifth grade. The total number of students enrolled in the elementary school and pre-school programs at any time, shall be limited to 87. If the total enrollment exceeds 87 students, an adjustment to the Conditional Use is required to evaluate traffic impacts and if any roadway improvements are warranted. 2. The hours of operation shall be from 7:00 a.m. to 5:30 p.m., Monday through Friday. 3. Within 180 days of Conditional Use approval, all invasive exotic vegetation located on the property shall be removed (LDC Section 7.09.05). 4. Within 180 days of Conditional Use approval, the applicant shall provide the Environmental Resources Department with a Landscape Plan, consistent with Land Development Code Section 7.09.04.E. This plan shall include a 6 foot high opaque wall or fence with landscaping, unless written consent from adjacent residential property owners waiving this requirement is submitted to the Director of the Environmental Resources Department. Fence/wall along with required landscaping shall be installed no later than one year from the date of the Conditional Use approval. 5. The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The August 6, 2013 File No.: CU 520134626 Page 2 Resolution No. 2013-136 responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 6. Per Section 125.022, Florida Statutes 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 federal law. 7. 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 activity. B. The subject property is described as follows: TOWNSHIP 5, RANGE 36 SOUTH, SECTION 40 EAST, THE 320 FEET OF LOT 94 AND LOT 95 OF WHITE CITY SUBDIVISION AND THE EAST 166 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4. TAX ID NUMBER: 3405-133-0001-000-8 C. The Certificate of Capacity, attached as Exhibit B, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. D. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County. E. The approvals and authorizations granted by this Resolution shall expire on August 6, 2014, unless a Building Permit or Certificate of Zoning Compliance is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. August 6, 2013 File No.: CU 520134626 Page 3 Resolution No. 2013-136 After motion and second, the vote on this Resolution was as follows: Tod Mowery, Chairman AYE Frannie Hutchinson, Vice-Chair AYE Chris Dzadovsky, Commissioner AYE Paula A. Lewis, Commissioner AYE Kim Johnson, Commissioner AYE PASSED AND DULY ADOPTED this 6th day of August, 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY ~~ Chairman APPROVED AS TO FORM AND CORRECTNESS: August 6, 2013 File No.: CU 520134626 Page 4 Resolution No. 2013-136 ATTEST: Exhibit A Site Location Map jSign With Me Chris tian Academy CU-52013 4626 ~ Subject Property ~' ~ I L N ~ c ~ ~ ~i ~~ ___ . U ~ ~ a~ O ~ ~ •~, Midway Rd ~' ~ _ ~ jj ~ ~~- NV Dani Is St ~ ~~ I "~ j 1 Rainbow Dr , ~ Lucy Ln N ~A August 6, 2013 File No.: CU 520134626 Page 5 Resolution No. 2013-136 CQCINTY F r o a i n R -~ EXHIBIT ° ~ ° 2300 Virginia Avenue CERTIFICATE OF CAPACITY Ft.(P72)462282282 Date: $171~q'~ ~ ~ k' Certificate No. 2S#3 `_` rh `~ This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Reavi~oh.2~:~3~ ~ ~ ,.`~$ti ~..~Y .~-a~,1..~ ~ t ~L~>~ _ . ,r o . ~ _~~`~~~`~}~r~ r. .~ Number of units 1 '`~~ Number of square feet ~ , 2. Property legal description & Tax ID no. ,:. ,: e L - r~ '.5 c..~:i:.-C .. . _ .~ .l t. r :... .. .: .. .... , yFt.a j'iY:~'~ .p''r:' y:;r/...:a .n.A."_a :.. ~r...y. .. ~..~. '.: A .:.r. .. :.. i of ~.~:~ m':f.. i:in '=b..M 3. Approval: Building Permit i~h ~~ ~~~ ;y~ ~" Resolution No. ~~ ~ ,` ~~ ~g Letter ~~ +~ ~~~ Owner's name s _ a ,x~. ~. .~ .,, .. ,~ . . 'E Address 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. Signed ~~~~t`(/U~itJl~ fie. /~U~~~Signed; gl ~ ~~ concurrency Review by: 4. Subject to the following conditions for concurrency: