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Home My WebLink About18-118JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4465855 08/02/2018 10:56:47 AM OR BOOK 4164 PAGE 2202 - 2207 Doc Type: RESO RECORDING: $52.50 Resolution 18-118 File No.: CU 320185283 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT APPROVAL FOR EDUCATIONAL SERVICES (GRADES K-5 & 9-12) IN THE I, (INSTITUTIONAL) ZONING DISTRICT FOR CERTAIN 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 findings in the staff report and traffic analysis review, has made the following determinations: 1. The Crossing, a Network of Community Churches Inc. presented a petition for a Conditional Use Permit for educational services (a day school grades K-5 & 9-12) in the I (Institutional) Zoning District for the property located at 5200 Oleander Ave as legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. On May 17, 2018 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 Conditional Use Permit in the I, (Institutional) Zoning District for the property described in Paragraph "B". 3. On July 10, 2018, 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. The Board passed a motion to continue the public hearing until their July 24, 2018 meeting. 4. On July 24, 2018, this Board continued public hearing on the petition. 5. The Board has considered the standards for a Conditional Use set forth in Section 11.07.03, of the St. Lucie County Land Development Code, including consistency with the local Code and Comprehensive Plan, effect on adjacent properties, adequacy of public facilities, adequacy of fire protection and environmental impact. 6. The Conditional Use, 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. Resolution No. 18-118 File No.: CU 320185283 Page 1 7. The proposed Conditional Use, with conditions therein, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit that allows for educational services on the property described below is hereby approved subject to the following conditions: Planning and Development Services Department — Planning Division 1. The number of students at any given time, on-site, shall not exceed two hundred (200). 2. The hours of operation shall not extend beyond Monday through Friday, 7:00 a.m. to 6:00 p.m. annual or bi-annual school events such as Open House, and Graduation Commencement may be considered an exception to general operational hours. 3. The applicant shall adjust the arrival and dismissal times to reflect a separation of at least thirty (30) minutes between White City Elementary and Sun Grove Montessori School. 4. Prior to the occupancy, the applicant shall complete sidewalk, landscaping, and ADA accessible parking improvements presented within the Conditional Use Plan. 5. Prior to beginning of the 2018/2019 school year, the applicant incorporates an off-street loading space in accordance with LDC Section 7.06.02. A. 3. b. 6. A bicycle rack is provided on-site prior to the beginning of the 2018/2019 school year. 7. Directional signs are installed as needed to delineate drive -aisles and routes designated for student delivery and pick-up prior to the beginning of the 2018/2019 school year. 8. The proposed modular classroom structure is removed, appropriately modified, or replaced with a structure in compliance with the Community Resolution No. 18-118 File No.: CU 320185283 Page 2 Architectural Guidelines adopted within LDC section 7.10.24, within five (5) years of a certificate of occupancy. Public Works Department - Engineering Division 9. A drop off circle at the east end of the parking lot shall be completed as part of phase 1 for the 2018 school year. Final Paving must be completed prior to January 1, 2019. 10. Draft plans for a cross access driveway to the Covenant Reform Site to the north shall be submitted to the County for review by January 1, 2019, pending the approval for the Covenant Reform site. 11. Construction of a cross access driveway shall be completed by the beginning of the 2019 school year. The cross access driveway shall be a minimum of 14 feet and meet turning radius requirements of the buses. 12. A cross access easement will be required for the cross -access driveway and pedestrian access contingent upon approval of the Covenant Reform site to the north. Environmental Resources Department 13. Prior to the issuance of a building permit, the applicant shall submit an updated landscape plan depicting the required wall and landscaping between the proposed institutional use and adjacent residential uses. The wall requirement shall be waived through the Administrative Wall Waiver process should the adjacent property owners consent to removing the wall between their parcel and the proposed use [Land Development Code 7.09.04. E]. 14. 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. 15.All other applicable state or federal permits must be obtained before commencement of the development. Resolution No. 18-118 File No.: CU 320185283 Page 3 B. The property on which this Conditional Use Permit is being granted is described as follows: LEGAL DESCRIPTION: Beginning at a stake at the center of Oleander Avenue and Fourth Street, according to the Plat of White City, being recorded in Plat Book 1, Page 23, of the Public Records of St. Lucie County, Florida, thence run east 1060 feet, thence run east 495.00 feet; thence run west 1060.00 feet to the center of Oleander Avenue; thence run south 495.00 feet to the Point of Beginning, excepting there from the following tract of land, to wit; Beginning at the intersection of Oleander Avenue and Fourth Street, run east 400.00 feet; thence run north 217.50 feet; thence run west 400 feet to the east right-of-way line of Oleander Avenue; thence run south along right-of-way line 217.50 feet to the Point of Beginning, said Plat of White City Florida; being recorded in Plat Book 1, Page 23, of the Public Records of St. Lucie County, Florida. And also less the west 68.00 feet thereof. Containing +/- 9.55 acres. Parcel ID#: 3403-323-0002-000-2 Location: 5200 Oleander Ave C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining Zoning Compliance from St. Lucie County, and are not assigned to any other party or institution. Should the petitioners choose or decide to assign this business to another entity or individual, a minor adjustment to the Conditional Use Permit shall be required. D. The approvals and authorizations granted by this Resolution shall expire on July 24, 2019, unless a Building Permit or Certificate of Zoning Compliance is obtained for the uses described in Paragraph "A" above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. E. This order shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair AYE Commissioner Linda Bartz, Vice -Chair AYE Resolution No. 18-118 File No.: CU 320185283 Page 4 Commissioner Chris Dzadovsky AYE Commissioner Anthony Bonna AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 24th day of July, 2018. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA ATTEST: DEPUTY File No.: CU 320185283 Page 5 APPROVED AS TO FORM AND QORRECTNESta COUNTY A Resolution No. 18-118 1 Exhibit A Location Map FEG Spy n'°'� �s i .0 LO N > Subject Q ;Property 0 Midway Rd 4 T 3 .. c� Q N CO - _L CU ,O I F File No.: CU 320185283 Page 6 Resolution No. 18-118