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Home My WebLink AboutPDS-18-044 - Oceans, Reefs & AquariumsJOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4459755 07/18/2018 01:45:55 PM OR BOOK 4158 PAGE 1457 - 1459 Doc Type: ORD RECORDING: $27.00 PDS ORDER 2018-044 FILE NO.: SPMN 420185297 AN ORDER GRANTING A MINOR ADJUSTMENT TO THE PREVIOUSLY APPROVED PLANNED MIXED USE DEVELOPMENT (PMUD) SITE PLAN FOR THE PROJECT KNOWN AS OCEANS, REEFS AND AQUARIUMS LOCATED AT 5470 AQUACULTURE LOOP, FORT PIERCE WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Adjustment to the Planned Mixed Use Development (PMUD) Site Plan for Oceans, Reefs and Aquariums and reviewed the comments of the Development Review Committee and has made the following determinations: Oceans, Reefs and Aquariums, LLC requested a Minor Adjustment to the Planned Mixed Use Development (PMUD) Site Plan for Oceans, Reefs and Aquariums to allow for the proposed additions of covered generator structures for the two existing aquaculture greenhouse facilities located on the subject 7.29 acre parcel. Proposed for Building (E) is the addition of a 1,830 square foot (30'X61') carport structure to cover the generator and its associated electrical equipment along with an adjacent fuel tank and walk-in freezer. Proposed for Building (C) is the addition of a 374 square foot (17'X22') carport structure to cover the generator and its associated electrical equipment. The subject property is located at 5470 Aquaculture Loop, Fort Pierce. 2. On September 28, 1993, Harbor Branch "Back 40" received Final Planned Mixed Use Development (PMUD) Site Plan approval for an aquaculture facility. 3. On August 8, 2012, Oceans, Reefs and Aquariums was approved for the addition of one approximately 2,632 square foot modular building and a 5,760 square foot coral greenhouse. 4. The Development Review Committee has reviewed the Minor Adjustment to the proposed project pursuant to the Land Development Code (LDC), Section 11.02.07 and found it to meet technical requirements and to be consistent with the general purpose, goals, and objectives, of the St. Lucie County Comprehensive Plan. 5. Planning staff has performed a detailed analysis of the project and found it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services memorandum titled Oceans, Reefs, and Aquariums (SPMn-420185297) MinorAdjustment to Site Plan, dated July 3, 2018. 6. The project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 7. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate surroundings through building design, site design, landscaping and screening. File No. SPMN 420185297 PDS 18-044 Page 1 of 3 NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 11.02.05(E) of the St. Lucie County Land Development Code, the Minor Adjustment is hereby approved as shown on the drawing prepared by HJA Design Studio, date stamped by the Planning & Development Services Department on June 18, 2018 for the property described in Paragraph B below, subject to the following conditions: 1) A silt fence shall be installed and maintained at least ten (10) ft. from the ditch for the duration of construction. 2) Within 90 days of minor adjustment approval, the applicant shall install landscaping consistent with the August 8, 2012 approved plans created by HJA Design Studio. 3) The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and 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. 4) All other applicable state or federal permits must be obtained before commencement of the development. B. The property on which this Minor Adjustment to the Planned Mixed Use Development (PMUD) Site Plan for Oceans, Reef and Aquariums approval is being granted is described as follows: WEST PORTION OF PARCEL Q: A PORTION OF LAND LYLNG IN THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 8, RUN N0016'341E ALONG THE EAST LINE OF SAID SECTION 8, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WILCOX ROAD, THENCE RUN S89'48'22W ALONG THE SAID NORTH RIGHT OF WAY LINE OF WILCOX ROAD, A DISTANCE OF 2049.71 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY (100 FOOT RIGHT OF WAY), THENCE RUN N20'42'10W ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 813.99 FEET, THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE RUN N89'48'22E, A DISTANCE OF 605.93 FEET TO THE POINT OF BEGINNING: THENCE RUN N01'07'48 E, A DISTANCE OF 250.06 FEET; THENCE RUN N89'48'22 E, A DISTANCE OF 1044.37 FEET; THENCE RUN S00'16'34 W, A DISTANCE OF 59.69 FEET; THENCE RUN S87'27'17 E, A DISTANCE OF 247.98 FEET; THENCE RUN S32'58'04E, A DISTANCE OF 212.24 FEET; THENCE RUN S89'48'22 W, A DISTANCE OF 1378.73 FEET TO THE POINT OF BEGINNING. CONTAINING 7.29 ACRES, MORE OR LESS. Parcel ID#1408-431-0000-000-9 C. This Minor Adjustment to Oceans, Reefs and Aquariums shall expire within twenty four File No. SPMN 420185297 PDS 18-W Page 2 of 3 (24) months of the effective date of this order unless a building permit is issued or an extension is granted in accordance with the provisions of Land Development Code, Section 11.02.06. D. The developer is advised as part of this Minor Adjustment to Site Plan approval for Oceans, Reefs and Aquariums, including any successors in interest, the developer shall obtain all applicable development permits and construction authorizations from the appropriate state, federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, South Florida Water Management District, and the St. Lucie County Environmental Resources and Building departments prior to the commencement of any development activities on the property described in Part B. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. 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 Planning and Development Services Director and mailed to the developer and agent of record as identified on the site plan applications. F. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this 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 order shall become null and void. G. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the l4 A'., day of vu W 2018. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE CO TY, FLORIDA BY 96(4V"- Lee Ison, ICP, Director APPROVED AS TO FORM AND COR-RECTNESS / County Attorney File No. SPMN 420185297 PDS 18-044 Page 3 of 3