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Home My WebLink About18-243JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4511734 12/17/2018 10:00:59 AM OR BOOK 4213 PAGE 2275 - 2280 Doc Type: RESO RECORDING: $52.50 Resolution 18-243 File No.: CU 520185308 A RESOLUTION GRANTING COVENANT REFORMED PRESBYTERIAN CHURCH, AND OPERATOR ST. JAMES CHRISTIAN ACADEMY, A CONDITIONAL USE PERMIT APPROVAL FOR EDUCATIONAL SERVICES (GRADES 6-9) 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.- The eterminations: The property owner, Covenant Reformed Presbyterian Church of Fort Pierce, and operator, St. James Christian Academy, presented a petition for a Conditional Use Permit for educational services (a day school grades 6-9) in the I (Institutional) Zoning District for the property located at 5150 Oleander Ave as legally described in Paragraph "B" and depicted on the attached map as Exhibit "A» 2. On January 28, 1992, the Board of County Commissioners adopted Resolution 92-018, granting approval of a Major Site Plan to expand the subject church campus via three structures, totaling 24,375 sq. ft. in three phases. A portion of Phase 1, a 6,600 sq. ft. education building, was completed in 1993. 3. On August 19, 1997, the Board of County Commissioners adopted Resolution 97-096 granting a Conditional Use Permit to operate a 120 student educational facility at the site. The educational services were abandoned at the site, therefore the Conditional Use permit expired. 4. On October 18, 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". 5. On December 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 Resolution No. 18-243 File No.: CU 520185308 Page 1 6. 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. 7. 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. 8. 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 enrolled at the subject site shall not exceed one - hundred and twenty-five (125). 2. The hours of operation shall not extend beyond Monday through Friday, 7:00 a.m. to 6:00 p.m., with exception of annual or bi-annual school events such as Open House, Graduation Commencement, etc. 3. The applicant shall maintain 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 beginning of the 2019/2020 school -year, the applicant shall incorporate an off-street loading space in accordance with LDC Section 7.06.02. A. 3. b. 5. A bicycle rack shall be installed on-site by January 2019, in accordance with 7.05.04 C. and Policy 1.1.17.4 h. of the Comprehensive Plan. 6. Directional signs are installed as needed to delineate drive -aisles and routes designated for student delivery and pick-up by January 2019. Resolution No. 18-243 File No.: CU 520185308 Page 2 Public Works Department - Engineering Division 7. A drop off circle at the east end of the Crossings' parking lot, utilized for pick-up and drop-off activities for this facility, shall be completed prior to January 1, 2019. 8. Draft plans for a cross access driveway to the Crossings' Site to the south shall be submitted to the County for review by January 1, 2019. 9. 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. A cross access easement will be required for the cross -access driveway and pedestrian access prior to issuance of constructability approval for this scope of work. 10. The applicant shall complete dedication of a thirty-two (32) foot wide strip of land along Oleander Avenue within ninety (90) days, in accordance with the Conditional Use Plan and County's right-of-way protection plans. Environmental Resources Department 11. Within 365 days of conditional use approval or prior to a Certificate of Occupancy, all invasive exotic vegetation located within the property boundary shall be removed (Land Development Code Section 7.09.05). 12. Should the 80' greenspace on the east side of the parcel ever be removed so that it no longer meets the intent of Land Development Code Section 7.09.04.E, the developer shall install a buffer as specified by the Code. 13. 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, federal agency or any other County approvals 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. 14.All other applicable state or federal permits must be obtained before commencement of the development. B. The property on which this Conditional Use Permit is being granted is described as follows: Resolution No. 18-243 File No.: CU 520185308 Page 3 LEGAL DESCRIPTION: Commence at the Centerline of Oleander Avenue, as recorded in Plat Book 1, at page 21, of the Public Records of St. Lucie County, Florida with the intersection of the centerline of 2nd Street, as recorded in Plat Book 1, at page 200, of the Public Records of St. Lucie County, Florida; thence run South 165 feet to the Point of Beginning; thence run East 1060 feet; thence run south 330 feet; thence run West 1060 feet; thence run North 330 feet to the Point of Beginning, less the right-of-way for Oleander Avenue; all lying and being in Sections 3 & 4, Township 36 South, Range 40 East, St. Lucie County, Florida. Containing +/- 7.84 acres. Parcel ID#: 3403-323-0001-000-5 Location: 5150 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 December 4, 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 Linda Bartz, Chair AYE Commissioner Cathy Townsend, Vice -Chair ABSENT Commissioner Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 4t" day of December, 2018. Resolution No. 18-243 File No.: CU 520185308 Page 4 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY Chair ATTEST APPROVED AS TO FORM AND CQRRECTNES& UTY C Lf -t A // COUNTY ATTORNEY J CO 0o * m a � i r O FcQVNTY, r�� File No.: CU 520185308 Page 5 Resolution No. 18-243 FEG Exhibit A Location Map File No.: CU 520185308 Page 6 Subject Pro pe rty -X 0 Resolution No. 18-243 s� h L VJ Q 0 Midway Rd �y cc Q CU N v w3 �o File No.: CU 520185308 Page 6 Subject Pro pe rty -X 0 Resolution No. 18-243