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HomeMy WebLinkAboutPDS-19-021 - Indian River Spirits (FKA Graphtech Usa & FKA Pippin Tractor)JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4580183 06/12/2019 10:11:13 AM OR BOOK 4282 PAGE 701 - 707 Doc Type: ORD RECORDING: $61.00 PDS Order 19-021 SPMj-220185264 AN ORDER GRANTING APPROVAL OF A MAJOR ADJUSTMENT TO A MINOR SITE PLAN TO BE KNOWN AS INDIAN RIVER SPIRITS (FKA GRAPHTECH USA AND FKA PIPPIN TRACTOR) LOCATED AT 3200 NORTH KINGS HIGHWAY, FORT PIERCE, FLORIDA WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Major Adjustment to Minor Site Plan submitted by Markus & Anne Marie Portmann, evaluated the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. On January 18, 2000, the Board of County Commissioners approved Resolution 00-002, granting Major Site Plan Approval for Pippin Tractor to allow the construction of a 12,000 square foot building on 3.22 acres of a 15.35-acre parcel of land located at 3200 N. Kings Highway, approximately '/z mile north of St. Lucie Boulevard. The 3.22 acres of property was located within the CG (Commercial, General) Zoning District at the time of approval. 2. On January 31, 2018, Markus & Anne Marie Portmann filed an application requesting a Major Adjustment to a Minor Site Plan for the construction of an additional 10,000 sq. ft. building on -site for use as a rectifier/bottling facility (Indian River Spirits), and associated site improvements, to be located at 3200 N. Kings Highway as more particularly described in Part B below and depicted on Exhibit A. 3. The subject 15.35acre parcel contains an existing 14,276 sq. ft. building that operates as a digital high-speed printing facility. The parcel was rezoned to IL, Industrial Light on April 3, 2018 by approval of Resolution 18-057. 4. The scale of the existing development, as approved by the Board of County Commissioners via Resolution 00-002, has been designated as a Minor Site Plan pursuant to Section 11.02.02 B. for purposes of reviewing the proposed nonresidential additions to the site. This designation is due to the transition in thresholds for Minor and Major site plans. 5. The Development Review Committee has reviewed the Site Plan for the proposed Major Adjustment to Minor Site Plan and found it to meet the technical requirements, with the proposed conditions, set forth in Section 11.02.07, Standards for Site Plan Review, of the St. Lucie County Land Development Code. 6. The Site Plan for the proposed Major Adjustment to Minor Site Plan encompasses the pre-existing site adjustments and additions completed on -site since the initial SPMj-220185264 PDS Order 19-021 Page 1 of 7 development approved pursuant to Resolution 00-002. 7. Planning staff has performed a detailed analysis of the project and found it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services memorandum titled Indian River Spirits — Major Adjustment to Minor Site Plan (SPMj-220185264), dated May 24, 2019. 8. The proposed site plan adjustment 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. 9. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate surroundings through building design, site design, landscaping and screening. 10. The project is designed, and will be constructed and 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 by the Planning and Development Services Director of St. Lucie County, Florida. A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Major Adjustment to Minor Site Plan to be known as Indian River Spirits is hereby approved as shown on the site plan drawings, attached as Exhibit A, for the project prepared by MBV Engineering, Inc., revised through April 10, 2019 and date stamped received by the St. Lucie County Planning and Development Services Division on April 10, 2019, subject to the following conditions: 1) Prior to the issuance of the certificate of occupancy for the proposed project, the developer, his successors or assigns, shall convey to the Florida Department of Transportation (FDOT), in a manner or form acceptable to the St. Lucie County Attorney, the following right-of-way: 6,371 square feet of additional right-of-way for the future expansion of Kings Highway along the West property line of the subject property. To the extent permitted under the County's Code and Complied Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 2) Prior to dedication of right-of-way, shall relocate the existing ground sign or secure a revocable license agreement from FDOT. 3) Prior to the issuance of a building permit, construction plans shall be submitted to SPMj-220185264 PDS Order 19-021 Page 2 of 7 the St. Lucie County Engineering Division for review and approval. Additional comments may be provided from the review of construction plans. 4) Prior to issuance of a Certificate of Occupancy, the applicant shall execute an agreement to pay a fee -in -lieu of construction for a concrete sidewalk along the Kings Highway property line and remit to the County the required. The acceptable method of payment shall be a certified check payable to St. Lucie County. 5) Within one (1) year of sidewalk installation within the Kings Highway right-of-way, the developer, his successors or assigns, shall applicant shall complete the proposed concrete sidewalk connection from the new building entrance to the future sidewalk to be installed along Kings Highway, as demonstrated within the site plan, 6) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site. 7) No clearing or other site work shall commence until after constructible engineering plans have been approved by the County Engineer and all county environmental permits have been issued by Environmental Resources Department pursuant to Section 11.02.08(A)(7) of the St. Lucie County Land Development Code. B. The property on which this Major Adjustment to Minor Site Plan approval is being granted is described as follows: LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING, BEING AND SITUATE IN SECTION 25, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND THIS TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 25,TOWNSHIP 34 SOUTH, RANGE 39 EAST; THENCE NORTH 00°06'48" EAST, ALONG THE WEST LINE OF SAID SECTION 25; A DISTANCE OF 2655.28 FEET TO A POINT, THENCE NORTH 89°43'39" EAST, A DISTANCE OF 70.98 FEET TO A POINT IN THE EAST RIGHT-OF-WAY LINE OF KINGS HIGHWAY AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE NORTH 00001'15" EAST, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID KINGS HIGHWAY, A DISTANCE OF 254.84 FEET TO A POINT; THENCE NORTH 89'46'12" EAST, A DISTANCE OF 418.36 FEET TO A POINT, THENCE NORTH 00°01'15" EAST, A DISTANCE OF 416.79 FEET TO A POINT, THENCE NORTH 89046'12" EAST, A DISTANCE OF 838.34 FEET TO A POINT, THENCE SOUTH 00001'16" WEST, A DISTANCE OF 670.20 FEET TO A POINT, THENCE SOUTH 89043'39" WEST, A DISTANCE OF 1256.70 FEET TO THE POINT OF BEGINNING AND CONTAINING 15.350 ACRES OF LAND MORE OR LESS. (OFFICIAL RECORD BOOK 3404 PAGE 1665) Parcel Number(s): 1325-233-0000-000-7 Location: 3200 N Kings Highway SPMj-220185264 PDS Order 19-021 Page 3 of 7 C. The approvals granted by this administrative order shall expire on June., '°; 2021, unless a building permit is issued or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The developer is advised as part of this Major Adjustment to Minor Site Plan, 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, Building, and Public Works 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. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie Planning and Development Services Director and mailed to the developer and agent of record as identified on the site plan applications. F. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Order. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this order shall become null and void. G. The Site Plan, attached as Exhibit A, shall be valid for the same period as this order. H. The Certificate of Capacity, attached as Exhibit B, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. I. This Order shall become effective upon the date indicated below. An appeal from the Planning and Development Services Director's action may be processed within thirty (30) days in accordance with Section 11.11.01.B, of the St. Lucie County Land Development Code. J. The Code Compliance Manager shall receive a copy of this Development Order and the site plan it approves and shall not approve any building permits that do not implement or are not consistent with this Development Order and the plans hereby approved. SPMj-220185264 PDS Order 19-021 Page 4 of 7 K. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective this Day of June, 2019. PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA �WOME1IIIN 91WAvA W . APPROVED AS TO_ FORM AND CORRECT ESS BY /#/) County Attorney SPMj-220185264 PDS Order 19-021 Page 5 of 7 ul m r r s z Exhibit A Site Plan j! 14g� e�l 3]OON�ORITMHKlN HIHING"Av I siEPLAN li E�1 L *xAT* ma aa I ads g Qb�siS� ¢o ?dui. f � B SPMj-220185264 PDS Order 19-021 Page 6 of 7 Exhibit B Certificate of Capacity St Lucie County Certificate of Capacity Data WW2019 Certificate No. 30,10 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 Major Adjuslmcnt to Minor Silc Plan Number of units 0 Number of square feet 24,776 2. Property legal description & Tax ID no. 1325-233.0000.000-7 3200 N. Kings Highway Indian lover Spirits 3. Approval: Building Resolution No. 19-021 Letter 4. Subject to the following conditions for concurrency: Conditions of PDS CA-dcr No, 19-021 Owner's name Markus & Anne Marie Portmann Address 713 Shorc Drive Vero Beach FL. 32963 6. Certificate Expiration Date 6/612021 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 be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Planning and Development Services Director St Lucie County, Florida Thursday, June 6, 2019 SPMj-220185264 PDS Order 19-021 Page 7 of 7