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Home My WebLink About21-073 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4851219 04/21/2021 10:57:41 AM OR BOOK 4595 PAGE 1097-1101 Doc Type:RESO RECORDING: $44.00 RESOLUTION NO. 2021 -073 File No: SPMj-11202025887 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA GRANTING APPROVAL OF THE MAJOR ADJUSTMENT TO THE HOLTZMAN OFFICE BUILDING PLANNED NON- RESIDENTIAL DEVELOPMENT (PNRD) FOR 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 the staff report, and has made the following determinations: 1. Dr. Leonard Holtzman presented a petition for a Major Adjustment to allow additional permitted and conditional uses within the existing Planned Non-Residential Development (PNRD) Zoning District known as Holtzman Office Building located at 7791 S US Highway 1, Port Saint Lucie, as described in Section B and depicted on Exhibit A. 2. On April 23, 1991, this Board approved Resolution 91-063,granting a change in zoning from the RS-4 (Residential, Single-Family - 4) Zoning District to the PNRD (Planned Non- Residential Development) Zoning District, specific to a medical chiropractic office. 3. On April 6, 2021,this Board held a public hearing on the petition for which public notice was published in the St. Lucie News Tribune, a sign was erected on the property, and a notice was mailed to all property owners within 500 feet at least 10 days prior to the hearing. 4. The proposed permitted and conditional uses to be included within the Holtzman Office Building PNRD are not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and have satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. Planning Staff has performed a detailed analysis of the project and determined 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 Department memorandum titled Major Adjustment to Holtzman Office Building Planned Non-Residential Development (PNRD), dated March 15, 2021. 6. The proposed Major Adjustment to allow additional uses within the existing Planned Non- Residential Development (PNRD) 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. Resolution No. 2021-073 File No.: SPMJ-11202025887 Page 1 7. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit"B" was signed by the applicant on March 24, 2021. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 (B)(7) of the St. Lucie County Land Development Code, the proposed Major Adjustment is in substantial conformity with the Holtzman Office Building PNRD to allow the permitted and conditional uses depicted on Exhibit"A" is hereby approved, for the property described in Paragraph B below subject to the following conditions: 1. Tutoring Services (SIC Code 8299) is a Conditional Use under this Planned Non- Residential Development approval, unless otherwise provided for by a Text Amendment or a Use Determination in accordance with the Land Development Code Sections 3.01.02 and 11.06.03. B. The property on which this Major Adjustment to the Planned Non-Residential Development (PNRD) is being granted is described as follows: LEGAL DESCRIPTION: LOT 1 AND 2, BLOCK 135, SUBDIVISION OF PART OF TRACT E, RIVER PARK— UNIT 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 22, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Lot Area: 19,686 sq. ft.; or 0.45 acres Location: 7791 S US Highway 1, Port Saint Lucie, Florida. C. Pursuant to Section 3.01.03.Q and Section 3.01.03.R of the St. Lucie County Land Development Code, only those uses/activities in the attached Exhibit A are to be permitted in this PNRD. Prior to the issuance of any zoning compliance or other form of business authorizations, for any use identified as conditional use all provisions of this Code shall be complied with. D. A copy of this Resolution shall be mailed to the owner and agent of record as identified on the application. E. This Resolution shall be recorded in the Public Records of St. Lucie County. Resolution No. 2021-073 File No.: SPMJ-11202025887 Page 2 After motion and second, the vote on this resolution was as follows: Chair Chris Dzadovsky AYE Vice-Chair Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 6th day of April 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FL A BY CHAIR ATTEST: APPROVED AS TO FORM AND n 9 CORRE ESS: DEPUTY CLERK OJ CO,�p. COUNTY AT O Y OVNTY.FLOOP Resolution No. 2021-073 File No.: SPMJ-11202025887 Page 3 EXHIBIT "A" PERMITTED AND CONDITIONAL USES Use Eli.ibili H' • Permitted • Professional business office including,but not limited to,engineering,accounting,taxes,real estate,insurance,contract construction services,communications-except towers adverting, collection,depository institutions,business services. • Beauty and barber services.(723/724) • Health services-except nursing homes and hospitals. (80) • Membership organizations subject to the provisions of Section 7.10.31.(86) • Social services: (1) Individual and family social services.(832/839) • Travel agencies.(4724) • Repair services:Electrical repair.(762),Shoe repairs.(725),Watch,clock,jewelry,and musical instrument repair.(7631) • Antiques.(5932) • Apparel and accessories.(56) • Books and stationery.(5942/5943) • Cameras and photographic supplies. (5946) • Drugs and proprietary.(5912) • Florists. (5992) • Gifts,novelties,and souvenirs.(5947) • Hobby,toy and game shops.(5945) • Household appliances.(572) • Jewelry. (5944) • Newspapers and magazines.(5994) • Optical goods. (5995) • Radios,TV's,consumer electronics and music supplies.(573) • Sporting goods and bicycles.(5941) • Tobacco products.(5993) • Video tape rental.(784) • Low THC and medical marijuana dispensing facility. (Subject to distance restrictions from schools) Conditional . • Childcare services.(835) • Postal services.(4311) • Tattoo. (7299) • Tutoring Services.(8299)-Condition of Approval(#1) Resolution No. 2021-073 File No.: SPMJ-11202025887 Page 4 EXHIBIT "B" CONCURRENCY DEFFERAL AFFIDAVIT St.Lucie County Concurrency Deferral Affidavit I, Letj.140 14,484girke IX. residing or doing Misincas at Wane I)ma't 'CA lue.14... FL .01S2_ , 0,49 1 8 , City state ZIP Pima have applied for a VIN/V54-Q945)04)lo PtSt.-1:) from St.Lucre County,Florida, Type of Development Order for the following project: _ l'iti-kzeosti Name of Proposed fk-Npnazat I do hereby affirm that-ut connection with toy application for the above project,1 have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time,but no later than the application for a final development order for the same property I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any frost development order can be issued,and that Si,Lucie County can make no guarantee that adequate public facilities will be available when 1 apply for the final development order, 1 further acknowledge that according to Section 5.08,01 of the St Ureic County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that 14re.. The issuance of a preliminary development order without a certificate of T ity cm no vested or other rights to develop the subject property. Signed Date' (9hyA-3 A/ _ Applic t STATE OF FLORLDA COUNTY OF_Siti_rti Luca_ The foregoiag legroom aariowledged before methis_ 94441/4-day of Lwho 4 personally known to mc or who brio prodwed as idea rill=lion.. a Rit Sarin of Notary Type or Print Name of Notary ICoamasion Nicrabar (Seal) a.. &At Owla $ ' mon Pratt Slat 0 rand. OdO',i 'antidote.,r Gc ta.v5 , Ming et DelVaiOINTIellt , Ar7caea,(Apirn OR$ 2072 , '---evraoll thrui40,0■60.e:Au...-,ko, Sesvices — ...- - Page t of I Ray'red;April I.20011 MAR 2 4 2021 RECEIVED Resolution No. 2021-073 File No.: SPMJ-11202025887 Page 5