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Home My WebLink About21-299 RESOLUTION 2021-299 File No. CU 11202025889 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A CONDITIONAL USE PERMIT TO DEVELOP A 25,992 SQUARE FOOT, ONE-STORY, SUBSTANCE ABUSE REHABILITATION CENTER WITHIN THE I (INSTITUTIONAL) ZONING DISTRICT ON 4.64 ACRES OF LAND 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 and traffic analysis review, has made the following determinations: 1. Chancy Gelin, PLAG Holdings, LLC, presented a petition for a Conditional Use Permit to develop a 25,992 square foot, one-story, substance abuse rehabilitation center The proposed facility will be equipped with seventy-six (76) beds, nursing stations, and office space within the I (Institutional) Zoning District for the property located at the southwest corner of W Midway Road and NW Dunn Road, in Fort Pierce, as legally described in Paragraph C and depicted on the attached map as Exhibit "A". 2. On March 24, 2021, the Board of Adjustment denied a Variance from the provisions of the St. Lucie County Land Development Code Section 7.05.06 C. 2. F(3) to allow a driveway with left turn movements to be located less than 350-feet from the Midway Road parallel base building line. 3. On May 20, 2021, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within five hundred (500) feet of the subject property. The Planning and Zoning Commission unanimously voted to forward a recommendation of approval to the Board of County Commissioners. 4. On July 6, 2021, this Board held a public hearing on the petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. 5. 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. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4899384 07/26/2021 08:53:45 AM Resolution No. 2021-299 OR BOOK 4654 PAGE 1019-1025 Doc Type:RESO CU-11202025889 RECORDING: $61.00 Page 1 6. 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. 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Planning and Development Services Director. 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 11.07.00 of the St. Lucie County Land Development Code, the Conditional Use Permit for the project to be known as Springs Recovery Center for a substance abuse rehabilitation facility, as shown on the site plan drawings for the project prepared by Cotleur & Hearing, LLC, dated March 26, 2021, and date stamped received by the Planning and Development Services Department on April 23, 2021, is hereby approved, for the subject property described in Paragraph C, subject to the following conditions: 1. Pursuant to Land Development Code Section 11.07.05(E) any change in the project name or ownership of the property will be subject to a Minor Adjustment to the Conditional Use Permit. 2. Pursuant to Land Development Code Section 11.07.05(E) any change of use and/or increase of the maximum of 76 beds shall be subject to a Major Adjustment to the Conditional Use Permit. 3. The existing wall located within the right-of-way dedication area along NW Dunn Road must be removed prior to acceptance of the right-of-way by the County. 4. The northern driveway is limited to right-in movements only. 5. The Planning and Development Services Director shall be directed to evaluate the Site Plan considering (1) additional easements to provide for transit, (2) accepting a fee in-lieu-of the construction of the sidewalk along Dunn Road, and (3) the alignment of the driveway access in a manner to discourage through access on Dunn Road. C. The property on which this Conditional Use Permit is being granted is described as follows: Legal Description: LOTS 102, WHITE CITY SUBDIVISION, IN SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SET FORTH IN PLAT BOOK 1, PAGE 23, OF Resolution No. 2021-299 CU-11202025889 Page 2 THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS THE WEST 200 FEET OF SAID LOT 2, AND LESS ALL RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 5.42 ACRES ACCORDING TO THAT CERTAIN SURVEY OF W.J. SCHOEPFER DATED JUNE 1, 1988. Location: Southwest corner of W Midway Road and NW Dunn Road Parcel Identification No.: 3403-502-0195-000-0 D. The approvals and authorizations granted by this Resolution are for the purpose to construct and operate a substance abuse rehabilitation 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. E. The approvals and authorizations granted by this Resolution shall expire on July 6, 2022, unless a Building Permit is obtained, or Certificate of Zoning Compliance issued for the use described in Part B above, or an extension has been granted in accordance with Section 11.07.05 F., St. Lucie County Land Development Code. F. The petitioner, Chancy Gelin, PLAG Holdings, LLC, is advised as part of this Conditional Use Permit approval for Springs Recovery Center, 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. Resolution No. 2021-299 CU-11202025889 Page 3 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. 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. After motion and second, the vote on this resolution was as follows: Chris Dzadovsky, Chair AYE Sean Mitchell, Vice-Chair AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 6th day of July 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA eg147:0,7 BY CHAIR ATTEST: APPR ED AS TO FORM AND O R CT DEPUTY CL RK J* CO4f�� COON A O Y * • • 0 CO 14% 443S * °°teT,,F AD•. 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I I ...... --dao. +--—---- — Minor Site Plan I f• - Asect,, -1.-1•r ,....., .- ......- -.--- .W3.30.3.43,37 06.11-4 "' .. .. ., ., . ,,, 0 LO1 133 _il_r—l___- ...-- r.o.r.....7281,3 , .... ,. ••-• -, . . . . . tworust.mr.anuom 3.14,03. 1 ...LOWO OM,.MM.lIWOMOIMO $ mo SP1, 2 Nodh y Exhibit "C" Certificate of Capacity St Luck County Certificate of Capacity Date 7,19,21)2I Certificate No. 31541 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 Lucia County Comprehensive Plan for: 1.Type of development Condltionol ece Number of units I Number of square feet 25.992 2. Property legal description& Tax ID no. .403-502.0 I‘,15,flies?-1) SW Ccaiucr of Vol Midway Rd and NW Dom Rd Springs Recovery Ccnter 3.Approval: Building Resolution No. 2021-299 Letter d.Subject to the following conditions for concurrency: Owner's name Chancy Gelin Address Pa Mix 975 I Purl Sr. Lucie Fi. 34985 6.Certificate Expiration Date 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 developm nt order(s)las ed for the same property.use and size as described herein. tk,4 Signal Daft; 7114/2Q21 Planning and Development Services Director St Lucia County, Florida Wednesday,July 14,2021 rage I of 2 Resolution No. 2021-299 CU-11202025889 Page 7