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HomeMy WebLinkAboutPDS-19-010 - 7300 Oleander AvenueJOSEPH E. SMITH, CLE SAINT LUCIE COUNTY RK OF THE CIRCUIT COURT FILE # 4547153 03/29/2019 09 OR BOOK 4249 PAGE 585 _ 5876:38 RECORDING: $27.00 Doc Type: ORD PDS 19-010 CUMN-2201915475 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR ADJUSTMENT TO A CONDITIONAL USE PERMIT FOR AN EXISTING NURSING HOME LOCATED AT 7300 OLEANDER AVENUE. WHEREAS, the St. Lucie County Planning & Development Services Director has reviewed the application for a Minor Adjustment to change the ownership and name of a Conditional Use Permit and made the following determinations: 1. 7300 Oleander LLC, petitioned the Planning & Development Services Director for a Minor Adjustment to an existing Conditional Use Permit to change ownership and the business name. The subject property is located at 7300 Oleander Avenue, Port St. Lucie, FL within the I (Institutional) Zoning District. 2. This Minor Adjustment is to change the ownership and business name of a Conditional Use Permit and authorize the continued use of the nursing home in accordance with Section 11.07.05 of the Land Development Code. 3. On November 6, 1984, the Board of County Commissioners approved the Conditional Use Permit through Resolution No. 84-177 for an adult congregate care facility. 4. The project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code. 5. The project is currently operating and will continue to 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. 6. The project will be operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.07.05(E)(2) of the St. Lucie County Land Development Code, the proposed Minor Adjustment to acknowledge the change in ownership and the name change of the nursing home formerly known as Port St. Lucie Nursing & Restoration Care Center, shall now be known as Port St. Lucie Rehabilitation & Healthcare, is hereby approved by the St. Lucie County Planning & Development Services Director on the property described in Part B, subject to the following conditions of approval: 1. Prior to the issuance of a zoning compliance, afire inspection from the Fire Department must be obtained. File No.: CUMN-2201915475 PDS Order 19-010 Page: 1 2. Within 120 days of approval of the minor adjustment to conditional use permit, the applicant shall submit an Invasive Plant Management Plan, not to a exceed three (3) year timespan, to address the removal of all FLEPPC Category I listed species within the property boundary [LDC 7.09.05]. 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. B. The property on which this Minor Adjustment to an approved Conditional Use Permit is being granted is described as follows: Legal Description: THE SOUTH ONE HALF OF LOT 3, EXCEPT THE EAST 50 FEET; THE SOUTH ONE HALF OF LOTS 4, 5, AND 6 AND ALL OF LOT 8, IN BLOCK 3, OF MODEL LAND COMPANY'S SUBDIVISION, IN SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS PER PLAT THEROF ON FILE IN PLAT BOOK 1, AT PAGE 41, IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Location: 7300 Oleander Ave, Port St. Lucie, FL 34952 Parcel I D#: 3415-501-0042-000-7 C. The approvals granted by this administrative order shall expire within one year, unless Certificate of Zoning Compliance for a Business Tax License is secured within 12 months from the date of approval, or an extension is granted in accordance with the provisions of Section 11.07.05(F) of the St. Lucie County Land Development Code. D. The developer is advised as part of this minor adjustment approval for Port St. Lucie Rehabilitation & Healthcare, including any successors in interest, the developer shall obtain all applicable development permits and construction authorizations from the appropriate state and federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and 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. The conditions set forth in Part A are an integral non -severable part of the Conditional Use Permit approval granted by this administrative development order. If any condition set forth in the PDS Order is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with the condition, the Conditional Use Permit approval granted shall become null and void. F. This Conditional Use Permit shall be deemed to authorize only the particular use forwhich itwas issued and shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of twelve (12) consecutive months. File No.: CUMN-2201915475 PDS Order 19-010 Page: 2 G. A copy of this Order shall be placed on file with the St. Lucie County Planning & Development Services Director and mailed to the developer and agent of record as identified on the applications. H. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the day of 2019. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY d�57f-Y"-- Le lie Olson, ICP APPROVED AS TO FORM AND CORRECTNESS BY���,s�_ A,.r61�- County Attorney File No.: CUMN-2201915475 PDS Order 19-010 Page:3