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Home My WebLink About20-130 JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4721066 06/22/2020 02:10:18 PM OR BOOK 4435 PAGE 1627-1633 Doc Type:RESO RECORDING: $61.00 RESOLUTION 2020-130 File No. CU 8201925591 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A CONDITIONAL USE PERMIT FOR A SELF-STORAGE FACILITY, LIMITED TO ENCLOSED STORAGE, IN THE CN, COMMERCIAL NEIGHBORHOOD ZONING DISTRICT ON A +/- 1.93 ACRES OF LAND SITUATED ON SOUTH HUTCHINSON ISLAND, 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: 1. Jeremiah Baron & Co., Commercial Real Estate, LLC presented a petition for a Conditional Use Permit to allow for the construction and operation of a 20,290 sq. ft. enclosed self-storage facility/office building consisting of 77 air-conditioned single-story units with associated parking, drainage, and utility infrastructure within the CN (Commercial Neighborhood) Zoning District for the property located within the 9500 Block of SR A1A on South Hutchinson Island as legally described in Paragraph C and depicted on the attached map as Exhibit "A". 2. On November 21, 2019 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 five hundred (500) feet of the subject property, and voted to postpone review until their January 16, 2020 meeting. 3. On January 16, 2020 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 five hundred (500) feet of the subject property, and recommended that the Board of County Commissioners approve this Conditional Use Permit. 4. On March 3, 2020, the St. Lucie County Board of County Commissioners held a public hearing on this petition, and voted to continue the item until the April 7, 2020 Public Hearing. 5. On April 7, 2020, the St. Lucie County Board of County Commissioners held a public hearing on this petition, and voted to continue the item until the May 5, 2020. Resolution No. 2020-130 CU 8201925591 Page 1 4. 4. On May 5, 2020, the St. Lucie County Board of County Commissioners cancelled the meeting due to COVID-19. 5. On June 2, 2020, the St. Lucie County Board of County Commissioners held a public hearing on this petition, after publishing a notice such hearing and notifying by mail all owners of property within 500 feet of the subject property. 6. Section 11.07.01.0 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. 7. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through site design, landscaping screening. 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. 9. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Planning and Development Services Director on June 4, 2020. 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 of County Commissioners of St. Lucie County, Florida: B. Pursuant to Section 11.07.03 Conditional Uses and 3.01.03.Q.7., the Conditional Use Permit for Jeremiah Baron & Co., Commercial Real Estate LLC for the project known as Baron Island Storage, as shown on the plans for the project prepared by Engineering Design & Construction Inc. dated October 11, 2019 and date stamped received by the Planning and Development Services Department on October 18, 2019, is hereby approved for the property described in Paragraph C, subject to the following conditions: 1. Prior to Minor Site Plan approval, the applicant shall demonstrate meeting the vehicle queuing design in accordance to Section 7.06.02.F. Standards for Off-Street Parking and Loading of the St. Lucie County Land Development Code. 2. Storage bays shall not be utilized for overnight occupancy. Resolution No. 2020-130 CU 8201925591 Page 2 • 3. Outdoor storage of equipment, vehicles, and/or boats shall not be permitted. 4. Business activity or contractor related type business shall not be permitted within the facility bays. 5. Operations and use activities shall comply with the St. Lucie County Land Development Code, Article V. Noise Control. 6. Prior to a Certificate of Occupancy, the applicant shall file an application for Certificate of Zoning Compliance. 7 Any alternative use proposed for the facility will require a Conditional Use Adjustment. 8. Prior to approval of the minor site plan, the applicant shall provide an eight (8) ft. opaque fence/masonry wall with the appropriate landscaping where abutting residential (e.g., HIRD zoning). The eight (8) ft. fence being proposed (i.e., black vinyl-coated chain link fence with opaque slats) does not qualify as "opaque screening" in accordance to Section 7.09.04(E) of the Land Development Code. The opaque fence/wall may be waived if a notarized administrative wall waiver is obtained from the adjacent property owner(s), however, the landscape material is still required. 9. Prior to issuance of Certificate of Occupancy, all Category I invasive plant species shall be eradicated from the site. C. Legal Description: The property on which this Conditional Use Permit is being granted is described as follows: 02 37 41 BEG AT INT WLY R/W A1A AND S LI OF N 856 FT OF GOVT LOTS 1 AND 2 RUN N 89 DEG 39 MIN 32 SECW ALG SD S LI 382 FT, TH N 20 DEGO1 MIN 55 SEC E 312.53 FT, TH N 68 DEG 44 MIN 58 SEC E 149 FT TOWLY R/W A1A, TH S 21 DEG 15 MIN 02 SEC E ALG SD WLY R/W 375.42 FT TO POB (1.93 AC) (OR 3551-1839) Parcel ID#: 4502-212-0001-020-7 D. The approvals and authorizations granted by this Resolution are for the purpose to construct and operate a self-storage facility within St. Lucie County, and are not assigned to any other party or institution. Should the petitioners choose or decide to assign this operation to another entity or individual, a minor adjustment to the Conditional Use Permit shall be required. Resolution No. 2020-130 CU 8201925591 Page 3 E. The approvals and authorizations granted by this Resolution shall expire on June 2, 2021, unless construction of the self-storage facility has begun as approved on the Baron Self Storage Minor Site Plan, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. F. The petitioner, Jeramiah Baron & Co., Commercial Real Estate, LLC, is advised as part of this Conditional Use Permit approval for Baron Island Storage, the petitioner shall obtain all applicable site plan approval, 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, Public Works and Building Departments prior to the commencement of any development activities on the property described in Paragraph C. Issuance of this permit by the County does not in any way create any rights on the part of the petitioner 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 petitioner 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 conditions set forth in Paragraph B are an integral non severable part of the Conditional Use Permit approval granted by this Resolution. If any condition set forth in Paragraph B is determined to be invalid or unenforceable for any reason and the Petitioner declines to comply voluntarily with the condition, the Conditional Use Permit approval granted by this resolution becomes null and void. H. A copy of this resolution shall be attached to the Conditional Use Permit site plan drawings described in Paragraph B. which plan shall be placed on file with the Planning and Development Services Department. 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. Resolution No. 2020-130 CU 8201925591 Page 4 J. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice-Chair AYE Sean Mitchell, Commissioner AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 2nd day of June, 2020. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY tAttarieta CHAIR ATTEST: APPROVED AS TO FORM AND C RRECTNESS: ..v, Cf) DEPU C COUNTY ATTOR EY cC. \i‘..... t„.1 *Oil . t: Resolution No. 2020-130 CU 8201925591 Page 5 Exhibit "A" Location Map l > 7—D i 14 - c tea% y. �r i 0 4 i/n VY.-�( R. cD dray Rd m M� ��= ' � Sub ' ect J I Property , \ -,5 \ = N 4 \\\\\ ° cow , \ \ ;L\-\) Walton Rd • Port St L07-- ucie Blvd \ \ Resolution No. 2020-130 CU 8201925591 Page 6 St Lucie County Certificate of Capacity Date 6/4/2020 Certificate No. 3092 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-Self-Storage Facility Number of units 0 Number of square feet 20,290 2. Property legal description & Tax ID no. 450221200010207 South Ocean Drive, South Hutchinson Island Baron Self Storage 3. Approval: Building Resolution No. 2020-130 Letter 4. Subject to the following conditions for concurrency: Owner's name Jeremiah Baron & Co., Commercial Real Estate, LLC Address 49 Flagler Ave, 3rd Floor Stuart FL 34994 6. Certificate Expiration Date 6/2/2021 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 developme order ) issued for the same property, use and size as described herein. Signed Date: 6/4/2020 Planning an Development Services Director St Lucie County, Florida Thursday,June 4,2020 Page 1 of 2