HomeMy WebLinkAbout15-153R3
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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE 9 3143749 12212015 at 08:59 AM
OR BOOK 3819 PAGE 593 - 597 Doc Type RESO
RECORDING 344.00
RESOLUTION 15-153
File Number(s): PNRD 520154870 and CU 620144785
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY DENYING THE PETITIONS FOR AN AMENDMENT TO
THE OFFICIAL ZONING ATLAS FROM AR -1 (AGRICULTURAL,
RESIDENTIAL -1) TO PNRD (PLANNED NON-RESIDENTIAL DISTRICT),
PRELIMINARY/FINAL PNRD SITE PLAN, AND A CONDITIONAL USE
PERMIT FOR A SPECIALTY HOSPITAL ON 12.7 ACRES 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. In 2014 and 2015, the Applicant, Mark 2 Properties, Inc. filed Petitions for an
Amendment to the Official Zoning Atlas from AR -1 (Agricultural, Residential —1)
to PNRD (Planned Non- Residential District), Preliminary/Final PNRD (Planned
Non Residential Development) Site Plan and a Conditional Use Permit to allow a
Specialty Hospital to be known as Nu Way Life Recovery Center on the property
located at 4560 South 25th Street, depicted on the attached map in Exhibit "A" and
described in Part B, below.
2. On July 16, 2015, the St. Lucie County Planning and Zoning Commission held a
public hearing on these petitions, after publishing a notice of such hearing in the
St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail
all owners of property within 500 feet of the subject property at least 10 days prior
to the hearing and recommended by a 5-3 vote that the Board of County
Commissioners deny the hereinafter described requests for the property described
in Part B.
3. On September 1, 2015, this Board held a public hearing on these petitions after
publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days
prior to the hearing and notifying by mail all owners of property within 500 feet of
the subject property at least 10 days prior to the hearing and continued the
meeting at the Applicant's request to the October 6, 2015 Board meeting.
4. On October 6, 2015, this Board resumed the public hearing on these petitions and
at the Board's request, continued the meeting to a specially set meeting on
December 8, 2015.
File Numbers: PNRD 520154870 and CU 620144785 Resolution No. 2015-153
December 8, 2015 Page 1
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5. On December 8, 2015, this Board resumed the public hearing on these petitions.
At the December 8 public hearing the Board received a staff report and heard a
presentation by staff who recommended approval of the Petitions. The Board also
received a report from The Mellgren Planning Group, Inc. and heard a
presentation from Michelle C. Mellgren, AICP, who recommended that the Board
deny the Petitions. The Board also heard testimony from the applicant's
representatives and from members of the public who spoke with both in favor of or
against the petition.
FINDINGS
WHEREAS, the Board determined that adequate notice was provided to all parties. All
parties had the opportunity to be heard and were provided the right to cross-examine
witnesses. All witnesses were sworn in by the Clerk prior to their testimony. Based on
the evidence presented the Board finds that the petitions do not comply with the
standards of review outlined in Sections 11.06.03 (Re -Zoning), 11.02.07 (Site Plans) and
11.07.03 (Conditional Use Permits) of the St. Lucie County Land Development Code and
is inconsistent with the County's Comprehensive Plan. In addition, the Board
determined:
A. The findings identified within the report titled "Analysis of Rezoning, Conditional
Use and Site Plan Applications for Proposed Specialty Hospital Located at 4560
South 25th Street" submitted and prepared by the Michele, Mellgren, AICP of the
Mellgren Planning Group, Inc. are accepted and adopted by this Board.
B. Pursuant to Section 11.07.01(A) of the Land Development Code, conditional uses
require individual review of their location, design, intensity, configuration and
public facility impact in order to determine the appropriateness of the use on any
particular site.
C. The location and intensity of the proposed use are incompatible with the existing
surrounding character of the land that is mainly comprised of single family
residences, schools and places of worship uses.
D. The mass or height of the proposed 2 -story buildings and their intended use are
incompatible with the one story non-residential buildings in the nearby vicinity of %
mile that operate during the day time hours as opposed to the proposed facility
that is operational on a 24 hour basis.
CONCLUSION
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
File Numbers: PNRD 520154870 and CU 620144785
December 8, 2015
Resolution No, 2015-153
Page 2
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Lucie County, Florida, having made the findings set forth above, make the following
determination:
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code,
the petitions for an amendment to the Official Zoning Atlas, for PNRD Site Plan
and for a Conditional Use Permit for the operation of a specialty hospital
consisting of 80 beds, 33,193 s.f. of medical treatment offices, 8,665 s.f.
gymnasium/dining facility and a 5,543 s.f. executive suite to be known as Nu Way
Life Recovery Center at the location described in Part B, and depicted on the map
attached as Exhibit A, are hereby denied.
B. The subject property is described as follows:
The Southwest 1/4 of the Southwest 1/4, less the North 800 feet and less the west
40 feet, and the South 78 feet, Section 33, Township 35 South, Range 40 East,
St. Lucie County, FL.
Property Address: 4560 South 25th Street
Parcel ID Number: 2433-333-0001-000-6
C. This Resolution shall be recorded in the Public Records.
After motion and second, the vote on this resolution was as follows:
Kim Johnson, Chairman AYE
Chris Dzadovsky, Vice -Chairman AYE
Tod Mowery, Commissioner AYE
Paula Lewis, Commissioner AYE
Frannie Hutchinson, Commissioner AYE
PASSED AND DULY ADOPTED This 8st day of December, 2015.
File Numbers: PNRD 520154870 and CU 620144785
December 8, 2015
Resolution No. 2015-153
Page 3
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File Numbers: PNRD 520154870 and CU 620144785
December 8, 2015
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
10
APPROVED AS TO FORM
AND CORRECTNESS:
Resolution No. 2015-153
Page 4
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EXHIBIT A
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File Numbers: PNRD 520154870 and CU 620144785
December 8, 2015
Resolution No. 2015-153
Page 5