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Home My WebLink About18-156Resolution 18-156 File No.: CU 620185330 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT APPROVAL FOR CHILD DAY CARE SERVICES IN THE CN, (COMMERCIAL NEIGHBORHOOD) 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, has made the following determinations: 1. Sandra Yong -Duffy presented a petition for a Conditional Use Permit for Child Day Care Services, for up to fifty-four (54) students in the CN, (Commercial Neighborhood) Zoning District for the property located at 6708 Gaddy Street as legally described in Paragraph "B° and depicted on the attached map as Exhibit «A„ 2. On August 16, 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 CN, (Commercial Neighborhood) Zoning District for the property described in Paragraph "B". 3. St. Lucie County Planning and Development Services staff has performed the required land use analysis for this application. 4. On September 4, 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. 5. The 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. 6. 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. File No.: CU 620185330 Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4479909 09/13/2018 11:32:08 AM OR BOOK 4179 PAGE 2377 - 2382 Doc Type: RESO RECORDING: $52.50 Resolution No. 18-156 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 Child Day Care services on the property described below is hereby approved subject to the following conditions: Planning and Development Services Department — Planning Division 1. 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 similar events which may be considered an exception to general operational hours. 2. Prior to beginning childcare operations, the applicant shall complete the presented parking, access, landscaping, and ADA accessible improvements presented within the Conditional Use plan. 3. The site improvement plan integrates a protective device such as curbing or bollards to separate the loading space from abutting pedestrian walk- way. Environmental Resources Department 4. 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. 5. All other applicable state or federal permits must be obtained before commencement of the development. Public Works Department — Engineering Division 6. The northern driveway apron is improved to feature a minimum 25 -foot radius of return. 7. The constructability plans for the proposed site improvements shall include removal of the existing southern driveway and restoration of the right-of-way. Resolution No. 18-156 File No.: CU 620185330 Page 2 8. The three (3) northern compact parking spaces are identified as "staff' or similar. B. The subject property is described as follows: LEGAL DESCRIPTION LOTS 6, 7 AND 8, BLOCK 96 OF ACCORDING TO THE PLAT THEREOF PAGE 19, OF THE PUBLIC RECORDS OF And also less the west 68.00 feet thereof. Containing +/-.74 acres. LAKEWOOD PARK, UNIT NO. 8, AS RECORDED IN PLAT BOOK 11, ST. LUCIE COUNTY, FLORIDA. PARCEL IDENTIFICATION NUMBER: 1301-608-0215-000-3 ADDRESS: 6708 Gaddy Street C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or 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 September 4, 2019, unless a Building Permit or Certificate of Zoning Compliance for 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. The Certificate of Capacity granted by the Planning and Development Services Director on September 5, 2018, as incorporated herein as Exhibit "B", shall remain valid for the period of this development order. If this order expires or otherwise terminates, the certificate of capacity shall automatically terminate. F. The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. G. This order shall be recorded in the Public Records of St. Lucie County. Resolution No. 18-156 File No.: CU 620185330 Page 3 After motion and second, the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair AYE Commissioner, Linda Bartz, Vice -Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Anthony Bonna AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 4th day of September, 2018. ATTEST: DEPUTY File No.: CU 620185330 Page 4 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY air APPROVED AS TO FORM AND CORRECTNESS: Resolution No. 18-166 Exhibit A Location Map .. .. .. .. .......... Subject parcel ----- --- ----- ........ . ........ ----------- Y Prep are d. ZCI Resolution No. 18-156 File No.: CU 620185330 Page 5 Exhibit B Certificate of Capacity St 1.116v (-'oullty ('ertificate tif Date Certificate No. .101 � This document certifies that concurrency will be nief and that adequate public facility capacity exists to tnaint8in the stasidards for levels of service as adopted in the St Lucie County Gomvrehp-isive Plan for: 1. IVPV of developriwnt Numb,or of units L) Nur bur of squate fuel 34--52 2. Property Iq ,lat description & Tax ID no. 11L: t i.: -I! I Approval: OuildinQ Resolution No, 18-1561 Letter 4. Skibject to the following 000ditions for concurrency: ( k I I I, I il I On; I I I -'L ( '� it ki II w I I% f I a I atithcqie,--ki %693in kn 1k-! Owner's name San -dra Address 995 LislLnk, I crrasc 6. Certificate Expiration Date 'rhis certificate of capacity is transferable only to sub"quent owners of the same parcel.. and is subject to the same forms, Conditions and expiration date listed herein: Theexpiration date can be extended only under the same terms and conditions as the underlying development ordurtssued with this certificate, or for sUbsequent developniont order(s) issued for the same property, use and size as described herein. 4iignVd Oatv. 9W`2018 WPlanning and Development Services Director St Lucie County, Florida Thvrmln_), Sc-pttioix-r 6, 2018 Resolution No. 18-156 File No.- CU 620185330 Page 6