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HomeMy WebLinkAbout19-093RESOLUTION NO. 19-093 File No.: CU 120195440 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 124 FOOT TELECOMMUNICATION TOWER AND ASSOCIATED EQUIPMENT FOR THE PROJECT TO BE KNOWN AS HARBOUR RIDGE CLUBHOUSE TOWER TO BE LOCATED WITHIN THE HARBOUR RIDGE PLANNED UNIT DEVELOPMENT ZONING DISTRICT ON CERTAIN PROPERTY SITUATED 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 the application and staff report, hereby makes the following findings: 1. Vertex Development, LLC and Harbour Ridge yacht & Country Club, Inc. filed an application for a Conditional Use Permit to allow the construction and operation of a 124 foot telecommunication tower and associated equipment in the PUD (Harbour Ridge Planned Unit Development) Zoning District for the property described in Paragraph D and depicted in Exhibit "A". 2. Vertex Development, LLC's application includes that Verizon Wireless will be the main wireless communications provider on the tower and other providers of wireless communications services, including AT&T Wireless, may locate facilities on the tower to improve wireless service in the Harbour Ridge Planned Unit Development area and surrounding areas. 3. Vertex Development LLC leased from Harbour Ridge Yacht & Country Club, Inc. a 2500 square foot land area within a 9.37 acres parcel. The leased area will include a 50' x 50' (2,500 square foot) telecommunication tower compound surrounded by a 10 foot wide landscape buffer. 4. The Harbour Ridge Property Owners Association, Inc., which is the homeowners association representing approximately 695 homeowners within the Harbour Ridge Planned Unit Development, supports the application submitted by Vertex Development LLC and the proposed location for the tower on the Harbour Ridge Yacht & Country Club, Inc.'s property. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Resolution No. 19-093 Page 1 SAINT LUCIE COUNTY CU 120195440 FILE # 4574839 05/31/2019 08:51:17 AM DR BOOK 4276 PAGE 1317 - 1328 Doc Type: RESO RECORDING: $103.50 5. On April 18, 2019, the St. Lucie County Planning and Zoning Commission held a public hearing on the application, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 750 feet of the subject property, and recommended that the Board of County Commissioners deny the request for a Conditional Use Permit. 6. The St. Lucie County Planning and Development Services Division issued a staff recommendation for approval of the conditional use permit, subject to the approval of a variance to certain provisions of the St. Lucie County Land Development Code. 7. On May 7, 2019, this Board 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 750 feet of the subject property. The Board passed a motion to continue the public hearing until its May 14, 2019, meeting. 8. On May 14, 2019, this Board conducted the public hearing on the application, at which all interested persons were given an opportunity to speak. The complete record of such hearing is available to the applicants and public. 9. On May 14, 2019, the Board of County Commissioners approved a variance from certain requirements of Section 7.10.23 of the St. Lucie County Land Development Code, as reflected in Resolution No. 19-092. 10. Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four fifths (4/5) of all of the Board of County Commissioners. Based on written comments received by the County from property owners within 500 feet of the property where the proposed tower would be constructed, the approval of this Conditional Use Permit does not require a favorable vote of four fifths (4/5) of the members of the Board of County Commissioners. 11.The proposed Conditional Use Permit is consistent with the goals, objectives, and standards of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 7.10.23, Telecommunication Towers Siting, of the St. Lucie County Land Development Code. Resolution No. 19-093 Page 2 CU 120195440 12.All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through site design and landscaping screening. 13.As reflected in the written agenda materials, residents within the Harbour Ridge Planned Unit Development submitted comments either in objection to or in support of this location of the proposed tower. There was no testimony at the public hearing by residents on this item. 14. The proposed conditional use will not have an undue adverse effect on the adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 15.The proposed tower will support the public health, safety and general welfare by improving wireless communications services in the Harbour Ridge community and surrounding areas, which currently has inadequate wireless communications services in many areas. 16. The proposed project will be serviced by adequate public facilities and services. 17.A Certificate of Capacity Exemption, Certificate No. 6209, was issued by the Planning and Development Services Director on May 16, 2019 (Exhibit B). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The foregoing findings are hereby approved and adopted by the Board. B. The Board of County Commissioners hereby approves the staff recommendation. C. Pursuant to Section 11.07.03 Conditional Uses and Section 7.10.23 Telecommunication Towers Siting, adopted May 15, 2018 by the Board of County Commissioners, the Conditional Use Permit for Vertex Development, LLC and Harbour Ridge Yacht & Country Club, Inc. for the project to be known as Harbour Ridge Clubhouse Tower, as shown on the drawings for the project prepared by USA Engineering dated January 7, 2019 and date stamped received by the Planning and Development Services Department on January 10, 2019, is hereby approved for the property described in Paragraph D, subject to the following conditions. Resolution No. 19-093 Page 3 CU 120195440 The Final Building Permit that is issued shall require expressly that the tower be constructed as represented in the application site plan to maintain its stealth characteristics as a flagless, unlit unipole with the height not to exceed 124 feet, with an engineered break point at 48 feet with no more than four canisters of 12 feet each, painted grey and designed as indicated in the application site plan with no antennas or wiring attached on the exterior of the unipole. 2. All fees and costs owed by the applicants to the County shall be paid prior to issuance of any permits. 3. Prior to Final Building Permit inspection all warning signage shall be installed and conform to Section 7.10.23.C.(8 of the St. Lucie County Land Development Code. The warning signs shall be inspected by the Code Compliance Division. 4. This telecommunication tower and all associated equipment must meet or exceed current standards and regulations of the FAA, the FCC, including radio frequency emission standards, and regulations of the State or Federal government with the authority to regulate this tower and associated equipment. If such applicable standards and regulations are changed, then the owners shall bring this tower, antennas and associated equipment into compliance with such revised standards within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring this tower, antennas and associated equipment into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower and/or equipment at the expense of the owner. 5. In accordance with the St. Lucie County Land Development Code Section 7.10.233 the owner of the telecommunication tower shall submit a report to the Building Department certifying structural and electrical integrity of the tower every five (5) years following the Building Permit final inspection approval. This report shall be accompanied by a nonrefundable fee of two hundred dollars ($200) to reimburse the County for the cost of review. 6. Prior to the issuance of a Vegetation Removal Permit or Exemption, an updated gopher tortoise survey per Florida Fish and Wildlife Conservation Commission protocol, shall be provided to the Environmental Resources Department. Impacts within 25 ft. of any burrows will require a Florida Fish and Wildlife Conservation Commission permit. Resolution No. 19-093 Page 4 CU 120195440 7. Prior to issuance of a building permit all Category I listed invasive species shall be eradicated from the site. D. Legal Description: PARENT PARCEL (OFFICIAL RECORD BOOK 928, PAGE 2626) GOLF COURSE AND TRACT A AS SHOWN ON HARBOUR RIDGE PLAT NO. 6, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR ST. LUCIE COUNTY, FLORIDA, RECORDED IN PLAT BOOK 25, PAGES 40 TO 40E. TOWER PARCEL (PREPARED BY GEOLINE SURVEYING, INC.) THAT PART OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF HARBOUR RIDGE BOULEVARD (70 FEET WIDE PRIVATE RIGHT-OF-WAY) WITH THE CENTERLINE OF SEAGRASS DRIVE (60 FEET WIDE PRIVATE RIGHT-OF-WAY), PLAT OF HARBOUR RIDGE PLAT NO. 5, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 39 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 11'56'23" WEST FOR 1431.49 FEET TO THE SOUTHWEST CORNER OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF SAID PUBLIC RECORDS, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID HARBOUR RIDGE BOULEVARD, SAID POINT ALSO BEING SOUTH 53-24-46" EAST, A DISTANCE OF 482.48 FEET FROM THE EASTERLY END OF A CURVED PART OF THE CENTERLINE OF NORTHWEST LAUREL OAK LANE (60 FEET WIDE PRIVATE RIGHT-OF- WAY) DESIGNATED AS CURVE C7, SAID HARBOUR RIDGE PLAT NO. 6; THENCE NORTH 72028'48" EAST FOR 462.63 FEET TO THE POINT OF BEGINNING; THENCE NORTH 24021'32" EAST FOR 50.00 FEET; THENCE SOUTH 65°38'28" EAST FOR 50.00 FEET; THENCE SOUTH 24021'32" WEST FOR 50.00 FEET; THENCE NORTH 65038'28" WEST FOR 50.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 2,500 SQUARE FEET (0.057 ACRES), MORE OR LESS. 20 FOOT WIDE NON-EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT (PREPARED BY GEOLINE SURVEYING, INC.) THAT PART OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF HARBOUR RIDGE BOULEVARD (70 FEET WIDE PRIVATE RIGHT-OF-WAY) WITH THE CENTERLINE OF Resolution No. 19-093 Page 5 CU 120195440 SEAGRASS DRIVE (60 FEET WIDE PRIVATE RIGHT-OF-WAY), PLAT OF HARBOUR RIDGE PLAT NO. 5, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 39 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 11'56'23" WEST FOR 1431.49 FEET TO THE SOUTHWEST CORNER OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF SAID PUBLIC RECORDS, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID HARBOUR RIDGE BOULEVARD, SAID POINT ALSO BEING SOUTH 53°24'46" EAST, A DISTANCE OF 482.48 FEET FROM THE EASTERLY END OF A CURVED PART OF THE CENTERLINE OF NORTHWEST LAUREL OAK LANE (60 FEET WIDE PRIVATE RIGHT-OF- WAY) DESIGNATED AS CURVE C7, SAID HARBOUR RIDGE PLAT NO. 6; THENCE NORTH 72028'48" EAST FOR 462.63 FEET TO THE WESTERLY CORNER OF AN 50 FOOT BY 50 FOOT TOWER PARCEL; THENCE NORTH 24°21'32" EAST ALONG THE NORTHWESTERLY LINE OF SAID TOWER PARCEL FOR 30.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT WIDE NON-EXCLUSIVE INGRESS EGRESS AND UTILITY EASEMENT; THENCE NORTH 65038'28" WEST FOR 57.05 FEET; THENCE NORTH 23°50'17" EAST FOR 102.00 FEET; THENCE NORTH 65°56'53" WEST FOR 295.10 FEET TO POINT "A"; THENCE SOUTH 24°26'30" WEST FOR 176.60 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 48-21-57", AND A CHORD OF 147.47 FEET THAT BEARS SOUTH 48037'28" WEST, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE FOR 151.95 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAY LINE AND THE WESTERLY LINE OF SAID TRACT A, AND A POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE; THENCE RETURN TO SAID POINT "A"; THENCE NORTH 65056'53" WEST FOR 43.10 FEET; THENCE SOUTH 24026'30" WEST FOR 176.31 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 85.00 FEET, A CENTRAL ANGLE OF 68°43'35", AND A CHORD OF 95.95 FEET THAT BEARS SOUTH 58048'17" WEST, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE FOR 101.96 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT-OF- WAY LINE AND SAID WESTERLY LINE, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 21,882 SQUARE FEET (0.502 ACRES), MORE OR LESS. 15 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT (PREPARED BY GEOLINE SURVEYING, INC.) THAT PART OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING WITHIN 7.5 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF HARBOUR RIDGE BOULEVARD (70 FEET WIDE PRIVATE RIGHT-OF-WAY) WITH THE CENTERLINE OF SEAGRASS DRIVE (60 FEET WIDE PRIVATE RIGHT-OF-WAY), PLAT OF HARBOUR RIDGE PLAT NO. 5, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 39 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 11'56'23" WEST FOR 1431.49 FEET TO THE SOUTHWEST CORNER OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF SAID PUBLIC RECORDS, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID HARBOUR RIDGE BOULEVARD, SAID POINT ALSO BEING SOUTH 53°24'46" EAST, A Resolution No. 19-093 Page 6 CU 120195440 DISTANCE OF 482.48 FEET FROM THE EASTERLY END OF A CURVED PART OF THE CENTERLINE OF NORTHWEST LAUREL OAK LANE (60 FEET WIDE PRIVATE RIGHT-OF- WAY) DESIGNATED AS CURVE C7, SAID HARBOUR RIDGE PLAT NO. 6; THENCE NORTH 72028'48" EAST FOR 462.63 FEET TO THE WESTERLY CORNER OF AN 50 FOOT BY 50 FOOT TOWER PARCEL; THENCE NORTH 24021'32" EAST ALONG THE NORTHWESTERLY LINE OF SAID TOWER PARCEL FOR 12.50 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 15 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT; THENCE NORTH 65038'28" WEST FOR 17.50 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 17.50 FEET NORTHWESTERLY OF SAID NORTHWESTERLY LINE; THENCE SOUTH 24021'32" WEST ALONG SAID PARALLEL LINE FOR 90.00 FEET; THENCE SOUTH 80°32'59" WEST FOR 51.00 FEET; THENCE NORTH 71009'17" WEST FOR 80.00 FEET; THENCE SOUTH 18°50'43" WEST FOR 14.00 FEET; THENCE SOUTH 04056'07" WEST FOR 18.00 FEET; THENCE SOUTH 42038'13" WEST FOR 49.00 FEET; THENCE SOUTH 89013'39" WEST FOR 108.00 FEET; THENCE SOUTH 74°20'37" WEST FOR 50.00 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 7.50 FEET NORTH OF THE SOUTH LINE OF SAID TRACT A; THENCE SOUTH 87004'50" WEST ALONG SAID PARALLEL LINE FOR 31.00 FEET; THENCE NORTH 59'18,25" WEST FOR 28.00 FEET; THENCE SOUTH 87004'50" WEST ALONG A LINE PARALLEL WITH SAID SOUTH LINE FOR 10.50 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 7.50 FEET EASTERLY OF SAID EASTERLY RIGHT-OF-WAY LINE; THENCE NORTH 02055" 0" WEST ALONG SAID PARALLEL LINE FOR 45.00 FEET; THENCE SOUTH 87004'50" WEST ALONG A LINE PARALLEL WITH SAID SOUTH LINE FOR 7.50 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAY LINE AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE, SAID POINT BEING 68.0 FEET NORTHERLY OF SAID SOUTHWEST CORNER OF SAID TRACT A. CONTAINING 8,993 SQUARE FEET (0.206 ACRES), MORE OR LESS. 10 FOOT WIDE LANDSCAPE BUFFER (PREPARED BY GEOLINE SURVEYING, INC.) THAT PART OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING WITHIN 10 FEET OF, AND TO THE LEFT AND OUTSIDE OF, A BASELINE/INNER SIDELINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF HARBOUR RIDGE BOULEVARD (70 FEET WIDE PRIVATE RIGHT-OF-WAY) WITH THE CENTERLINE OF SEAGRASS DRIVE (60 FEET WIDE PRIVATE RIGHT-OF-WAY), PLAT OF HARBOUR RIDGE PLAT NO. 5, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 39 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 11056'23" WEST FOR 1431.49 FEET TO THE SOUTHWEST CORNER OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF SAID PUBLIC RECORDS, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID HARBOUR RIDGE BOULEVARD, SAID POINT ALSO BEING SOUTH 53°24'46" EAST, A DISTANCE OF 482.48 FEET FROM THE EASTERLY END OF A CURVED PART OF THE CENTERLINE OF NORTHWEST LAUREL OAK LANE (60 FEET WIDE PRIVATE RIGHT-OF- WAY) DESIGNATED AS CURVE C7, SAID HARBOUR RIDGE PLAT NO. 6; THENCE NORTH 72028'48" EAST FOR 462.63 FEET TO THE WESTERLY CORNER OF AN 50 FOOT BY 50 FOOT TOWER PARCEL AND THE POINT OF BEGINNING OF THE BASELINE/INNER Resolution No. 19-093 Page 7 CU 120195440 SIDELINE OF THE HEREIN DESCRIBED 10 FOOT WIDE LANDSCAPE BUFFER; THENCE NORTH 24021'32" EAST ALONG THE NORTHWESTERLY LINE OF SAID TOWER PARCEL FOR FOR 50.00 FEET TO THE NORTHERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 65038'28" EAST ALONG THE NORTHEASTERLY LINE OF SAID TOWER PARCEL FOR 50.00 FEET TO THE EASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 24°21'32" WEST ALONG THE SOUTHEASTERLY LINE OF SAID TOWER PARCEL FOR 50.00 FEET TO THE SOUTHERLY CORNER OF SAID TOWER PARCEL; THENCE NORTH 65°38'28" WEST ALONG THE SOUTHWESTERLY LINE OF SAID TOWER PARCEL FOR 50.00 FEET TO SAID POINT OF BEGINNING, THE OUTER SIDELINES OF THE HEREIN DESCRIBED 10 FEET WIDE LANDSCAPE EASEMENT TO BE LENGTHENED TO MEET AT RIGHT ANGLES. CONTAINING 2,400 SQUARE FEET (0.055 ACRES), MORE OR LESS. Location: 12600 Harbour Ridge Blvd, Palm City, Florida Parcel ID: 4425-605-0003-000/5 E. The approvals and authorizations granted by this Resolution are for the purpose of securing a Building Permit on this property. Unless Vertex Development, LLC, has obtained a Building Permit for the site plan described in Paragraph C or an extension has been sought pursuant to Section 11.07.05.F. of the St. Lucie County Land Development Code, this approval shall expire twelve (12) months from the effective date of approval. F. Vertex Development, LLC is advised as part of this Conditional Use Permit approval for Harbour Ridge Clubhouse Tower, the Petitioner 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 herein. Issuance of this permit by the County does not in any way create any rights on the part of the applicants 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 applicants fail 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. G. The conditions set forth in Paragraph C are an integral non severable part of the Conditional Use Permit approval granted by this Resolution. If any condition set forth in Paragraph C is determined to be invalid or unenforceable for any reason and the applicants decline to comply voluntarily with the condition, the Resolution No. 19-093 Page 8 CU 120195440 Conditional Use Permit approval granted by this resolution shall become null and void. H. A copy of this resolution shall be attached to the Conditional Use Permit site plan drawings described a Paragraph C, which plan shall be placed on file with the Planning and Development Services Department. I. This Order shall become effective upon the date indicated below. An appeal from the Board of County Commissioners' action may be processed within thirty (30) days in accordance with Section 11.11.02.F, of the St. Lucie County Land Development Code. J. This Resolution shall be recorded in the Public Records. Resolution No. 19-093 Page 9 CU 120195440 After motion and second, the vote on this resolution was as follows: Linda Bartz, Chair AYE Cathy Townsend, Vice -Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED This 14'" day of May, 2019. ATTEST: Deputy Clerk COA��ip m IPA x,� y ode 4d�`QP "b NTy. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 11 BY Chai , APPROVED AS TO FORM AND CORRECTNESS\ Resolution No. 19-093 Page 10 CU 120195440 G EXHIBIT A W W L L Cf) (L a cj� LL U r' Gilson Rd /T-D � a � ale t Na�b�J e da, i 00 St Lucie County Certificate of Capacity Exemption Date 5/16/2019 EXHIBIT " B " Certificate No. 6209 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Conditional Use Permit Number of units Number of square feet 2. Property legal description & Tax ID no. 4425-605-0003-000/5 12600 Harbour Ridge Blvd, Palm City Harbour Ridge Clubhouse Tower 3. Approval: Buildinq 4. As part of the development: 5. On property owned by Harbour Ridge Country Club, Inc. 12600 Harbour Ridge Blvd Palm City FL 34990 Harbour Ridge PUD Resolution No. Resolution 2 Letter is hereby granted a Certificate of Capacity Exemption according to the following Chapter(s) of the St. Lucie County Land Development Code: ❑ 5.03.02(A) ❑ 5.03.02(B)1 ❑ 5.03.02(B)2 ❑ 5.03.02(B)3 ❑ 5.03.02(B)4 ❑ 5.03.02(B)5 ❑ 5.03.02(B)6 ❑ 5.03.04(A) ❑ 5.03.04(A)2 ❑ 5.03.04(A)3 © 5.03.04(B)1 ❑ 5.03.04(B)2 ❑ 5.03.04(B)3 ❑ 5.03.04(B)4 6. Certificate Expiration Date 5/15/2020 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can a extended only under the same terms and conditions as the underlying dev 1ppme t o derissued with this certificate, or for subsequent developm ntRr(s) i s ed for the same property, use and size as described herein. Signed � Date: 5/16/2019 P nning and evelopment Services Director St Lucie Coun , Florida