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HomeMy WebLinkAbout19-114JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4583871 06/20/2019 03:50:28 PM DR BOOK 4285 PAGE 2984 - 2990 Doc Type: RESO RECORDING: $61.00 Resolution 2019-114 File No. CUMj-5201915518 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO THE EXISTING TREASURE COAST INTERNATIONAL AIRPORT CONDITIONAL USE FOR DEVELOPMENT OF AN AVIATION CLASSROOM BUILDING WITHIN THE AVIATOR COLLEGE CAMPUS (FKA PAN AM INTERNATIONAL FLIGHT ACADEMY), IN THE U, UTILITIES 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: Pursuant to Section 3.3.122(7) of the St. Lucie County Zoning Ordinance, effective July 1, 1984, and Section 3.01.03(W)(7)(a) of the St. Lucie County Land Development Code, effective August 1, 1990, the Treasure Coast International Airport (FKA St. Lucie County International Airport) is considered to be an existing Conditional Use. 2. Ernesto Velasco, PE, of Velcon Engineering and Surveying, LLC., on behalf of B & E Houck Enterprises, Inc., presented a petition for a Major Adjustment to the existing Conditional Use Permit for the Treasure Coast International Airport to expand the Aviator College Campus within the Treasure Coast International Airport, located within the U, (Utilities) Zoning District on property located at 4240 Aviator Way, as legally described in Part "B" and depicted on the attached map as Exhibit "A". 3. The proposed Major Adjustment to the existing Conditional Use Permit for the Treasure Coast International Airport (TCIA) encompasses development of a two- story, 17,500 sq. ft., classroom and simulator building which will include six classrooms, parking and other site improvements. 4. The Development Review Committee has reviewed the proposed Major Adjustment to an Existing Conditional Use and found it to be in substantial conformity with the overall Airport Master Plan. 5. St. Lucie County Planning and Development Services staff has performed the required land use analysis for this application. 6. On June 4, 2019, 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. 7. The Major Adjustment to an existing Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives and policies of the St. Lucie File No.: CUMj-5201915518 Resolution No. 2019-114 Page 1 County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 8. The proposed project, 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. 9. The proposed project will be serviced by adequate pubic facilities and services. 10. A Certificate of Capacity, in accordance with Section 5.08.04, is required for authorization of the Major Adjustment to Major Site Plan associated with this project. 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, an Adjustment to the Treasure Coast International Airport Conditional Use Permit that allows for development of an additional two-story aviation classroom building on the property described below, in Part "B", is hereby approved subject to the following conditions. - Environmental Resources Department 1) Prior to issuance of a Vegetation Removal Permit or Exemption, a tree survey for the existing native landscape trees and mitigation plan (if any trees are to be impacted which meet the mitigation thresholds) shall be provided in accordance with the standards outlined in Land Development Code 6.00.05.D. 2) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be eradicated from the site. B. The subject property is described as follows: LEGAL DESCRIPTION FROM THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, RUN NORTH 00029'02" EAST ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 2,064.10 FEET TO THE INTERSECTION OF THE SOUTHERLY EDGES OF THE SOUTHWEST/NORTHEAST AND THE SOUTHEAST/NORTHWEST TAXI WAYS, THENCE RUN SOUTH 45000'00" WEST ALONG THE SOUTHERLY EDGE OF THE SOUTHWEST/NORTHEAST TAXI WAY, A DISTANCE OF 489.00 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING; File No.: CUMj-5201915518 Resolution No. 2019-114 Page 2 THENCE CONTINUE SOUTH 45000'00" WEST, A DISTANCE OF 1,103.67 FEET, MORE OR LESS TO A POINT LYING ON THE EAST LINE OF THE SOUTH CLEARANCE ZONE FOR THE NORTH/SOUTH RUNWAY OF THE ST. LUCIE COUNTY, FLORIDA AIRPORT; THENCE RUN SOUTH 05012' 38" EAST ALONG THE EASTERLY LINE OF SAID CLEARANCE ZONE, A DISTANCE OF 172.71 FEET, MORE OR LESS TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN O.R. BOOK 100, PAGE 173; THENCE RUN SOUTH 89029'58" EAST, A DISTANCE OF 655.15 FEET TO A POINT, SAID POINT LYING ON THE NORTH LINE OF A TRACT OF LAND AS DESCRIBED IN O.R. BOOK 100, PAGE 173, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA,- THENCE RUN NORTH 45000'00" EAST, A DISTANCE OF 539.35 FEET TO A POINT, SAID POINT LYING ON THE WESTERLY RIGHT-OF-WAY OF AIRPORT TERMINAL ACCESS ROAD AS CONVEYED BY FORT PIERCE PORT AND AIRPORT AUTHORITY TO ST. LUCIE COUNTY, FLORIDA, AS DESCRIBED IN O.R. BOOK 49, PAGE 216, PUBLIC RECORDS OF ST. LUCIE COUNTY; THENCE RUN NORTH 00029'02" EAST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF AFOREMENTIONED AIRPORT TERMINAL ACCESS ROAD, A DISTANCE OF 304.98 FEET TO A POINT; THENCE RUN NORTH 45°00'00" WEST, A DISTANCE OF 384.35 FEET TO THE POINT OF BEGINNING, ALL LYING IN SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. AND INCLUDING, PARCEL B, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 FAST, RUN NORTH 00029'02" EAST ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 48.00 FEET TO A POINT; THENCE RUN NORTH 89"29'58" WEST, A DISTANCE OF 74.00 FEET TO A POINT IN THE WEST LINE OF AIRPORT TERMINAL ACCESS ROAD; THENCE RUN NORTH 00029'02" EAST ALONG THE WEST LINE OF AIRPORT TERMINAL ACCESS ROAD, A DISTANCE OF 776.86 FEET TO A POINT, THENCE RUN NORTH 89027'43" WEST, A DISTANCE OF 177.22 FEET TO THE POINT OF BEGINNING, AND EXTENDING THENCE; (1) NORTH 89°27'43" WEST, A DISTANCE OF 137.02 FEET TO A POINT, THENCE; (2) NORTH 44059'50" EAST. A DISTANCE OF 195.44 FEET TO A POINT, THENCE; (3) SOUTH 00°29'02" WEST, A DISTANCE OF 139.50 FEET TO THE POINT OF BEGINNING. CONTAINING WITHIN SAID BOUNDS 9,557 SF (0.219 ACRES). MORE OR LESS. EXCEPTING, HOWEVER, PARCEL A, MORE PARTICULARLY DESCRIBED AS FOLLOWS: File No.: CUMj-5201915518 Resolution No. 2019-114 Page 3 FROM THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, RUN NORTH 00029'02" EAST ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 2065.21 FEET TO THE INTERSECTION OF THE SOUTHERLY EDGES OF THE SOUTHWEST/NORTHEAST AND THE SOUTHEAST/NORTHWEST TAXI WAYS; THENCE RUN SOUTH 45029'33" WEST ALONG THE SOUTHERLY EDGE OF THE SOUTHWEST/NORTHEAST TAXI WAY, A DISTANCE OF 489.00 FEET TO A POINT; THENCE RUN SOUTH 44030'41" EAST, A DISTANCE OF 327.41 FEET TO THE POINT OF BEGINNING, AND EXTENDING THENCE; (1) SOUTH 44-30-41" EAST, A DISTANCE OF 57.00 FEET TO A POINT IN THE WESTERLY LINE OF THE AIRPORT TERMINAL ACCESS ROAD, THENCE; (2) SOUTH 00029'02" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 303.18 FEET TO A POINT, THENCE; (3) SOUTH 44-59-50" WEST, A DISTANCE OF 252.79 FEET TO A POINT, THENCE; (4) NORTH 00-29-02" EAST, A DISTANCE OF 286.72 FEET TO A POINT, THENCE- (5) NORTH 16-54-54" EAST, A DISTANCE OF 148.21 FEET TO A POINT, THENCE; (6) NORTH 45031'26" EAST, A DISTANCE OF 134.25 FEET TO THE POINT OF BEGINNING. CONTAINING WITHIN SAID BOUNDS, 64,572 SF (1.482 ACRES), MORE OR LESS. PARCEL IDENTIFICATION NUMBERS: 1430-441-0002-000-3 & 1430-131- 0001-001-1 ADDRESS: 4240 Aviator Way, Fort Pierce, FL 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 June 4, 2020, unless a Building Permit or Certificate of Zoning Compliance is obtained for the uses described in Part "A" above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. E. The conditions set forth in Part A are an integral non -severable part of the site plan approval granted by this resolution. In any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer File No.: CUMj-5201915518 Resolution No. 2019-114 Page 4 declines to comply voluntarily with that condition, the conditional use approval granted by this resolution shall become null and void. F. The Conditional Use Permit approval granted under this Resolution remains subject to any and all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the Federal Aviation Administration, Treasure Coast International Airport, United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works, and Building Departments prior to the commencement of any development activities on the property described in Part A. Issuance of this authorization or 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. G. 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. H. This Resolution shall become effective upon the date indicated below. An appeal of 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. This Resolution shall be recorded in the Public Records of St. Lucie County. J. Adoption File No.: CUMj-5201915518 Resolution No. 2019-114 Page 5 After motion and second, the vote on this resolution was as follows: Linda Bartz, Chair AYE Cathy Townsend, Vice -Chair AYE Chris Dzadovsky, Commissioner AYE Sean Mitchell, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 41h day of June, 2019. ATTEST: 1® 4 /// i4 all Mel File No.: CUMj-5201915518 Page 6 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY Chai J APPROVED AS TO FORM AND CORRECTNESS: Resolution No. 2019-1141 Exhibit A Location Map z �1 U 1 c Y Indrio Rd Of Of Indian _ .................... River Subject Lagoon Property ; 713, Treasure Coast Coast N In Airport co \� y o St Lucie Blvd O Y 7+ C Juanita Ave Yi UJ A!A', AvenueiD Avenue D r ._........ _ —se Orange Ave 2,500 5,00 n GCS C � Feet P File No.: CUMj-5201915518 Resolution No. 2019-114 Page 7