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HomeMy WebLinkAbout21-424 AOTo3 O cu m 1.2 n OOsk-im 0Anm RESOLUTION 2021 -424 �� File Numbers: PNRD-8202126146 & CU-8202126147 N C D Z r o m A N n O N r (P O A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF g N o ST. LUCIE COUNTY FOR A PLANNED NON-RESIDENTIAL o 0 DEVELOPMENT (PNRD) REZONING FROM AR-1, AGRICULTURAL, g m RESIDENTIAL-1 ZONING DISTRICT TO PNRD ZONING DISTRICT & a 73 PRELIMINARY SITE PLAN FOR A 77,750 SQ. FT. CONCRETE MANUFACTURING FACILITY, 4,000 SQ. FT. OFFICE, & ASSOCIATED o SITE IMPROVEMENTS; AND A CONDITIONAL USE PETITION TO ALLOW CONCRETE MANUFACTURING WITHIN THE ARCOSA PNRD, IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, basea upon acceptable evidence, including but not limited to the staff report, has made the following determinations: ZONING ATLAS AMENDMENT 1) Engineering Design & Construction, Inc., on behalf of C & C Family Grove, LLC, and White City Grove Inc., presented a petition for an Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential-1du/ac) to PNRD (Planned Non-Residential District), located at TBD — Favorite Road, approximately nine hundred feet east of Post Office Road, for certain property in St. Lucie County, Florida, as depicted on the attached map as Exhibit "A" and described in Part "A" below. 2) On November 18, 2021 the St. Lucie County Planning and Zoning Commission held a public hearing on this petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the subject property, and notifying by mail all owners of property within 500 feet of the subject property, at which time, all interested persons were given an opportunity to be heard and unanimously voted to forward a recommendation of approval to the Board of County Commissioners for the property described in Part "A". 3) On December 7, 2021, the Board of County Commissioners held a public hearing on this 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 time all interested persons were given an opportunity to be heard. 4) The St. Lucie County Development Review Committee has reviewed the Rezone Petition and found it to meet the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan. December 7, 2021 Resolution No. 2021-424 Page 1 File No(s): PNRD-8202126146 & CU-8202126147 5) The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. PRELIMINARY PNRD SITE PLAN 6) Engineering Design & Construction, Inc., on behalf of C & C Family Grove, LLC, and White City Grove Inc. submitted a Preliminary PNRD (Planned Non-Residential Development) Site Plan for a 77,750 square foot concrete manufacturing facility, 4,000 square foot office, & associated site improvements, to be known as the Arcosa PNRD, for the property depicted in the attached map as Exhibit "A" and described in Part "A" below. 7) On November 18, 2021 the St. Lucie County Planning and Zoning Commission held a public hearing on this petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the subject property, and notifying by mail all owners of property within 500 feet of the subject property, at which time, all interested persons were given an opportunity to be heard and unanimously voted to forward a recommendation of approval with conditions to the Board of County Commissioners for the property described in Part "A". 8) On December 7, 2021, the Board of County Commissioners held a public hearing on this 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 time all interested persons were given an opportunity to be heard. 9) The St. Lucie County Development Review Committee has reviewed the Preliminary PNRD Site Plan for the project and found it to meet the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan and Land development Code, subject to the conditions set forth in Part "C" of this Resolution. 10) The proposed project, with conditions of approval, 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. 11) All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 12) The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. December 7, 2021 Resolution No. 2021-424 Page 2 File No(s): PNRD-8202126146 & CU-8202126147 13) The proposed project will be served by the Fort Pierce Utilities Authority for water and wastewater services. CONDITIONAL USE PERMIT 14) Engineering Design & Construction, Inc., on behalf of C & C Family Grove, LLC, and White City Grove Inc., submitted a Conditional Use Petition to allow concrete manufacturing as a Conditional Use within the Arcosa PNRD, for the property depicted in the attached map as Exhibit "A" and described in Part "A" below. 15) On November 18, 2021 the St. Lucie County Planning and Zoning Commission held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the subject property, and notifying by mail all owners of property within 500 feet of the subject property, at which time, all interested persons were given an opportunity to be heard and unanimously voted to forward a recommendation of approval to the Board of County Commissioners for the property described in Part "A". 16) On December 7, 2021, the Board of County Commissioners held a public hearing on this 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 time all interested persons were given an opportunity to be heard. 17) The Conditional Use Permit, with the conditions therein, is consistent with the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan and satisfies the Standards of Review of Section 11.07.03 of the St. Lucie County Land Development Code. 18) The use will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. 19) All reasonable steps have been taken to minimize any adverse effect the use may have on the immediate vicinity through building design, site design, landscaping, and screening. 20) The use is arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with the applicable district regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: ZONING ATLAS AMENDMENT December 7, 2021 Resolution No. 2021-424 Page 3 File No(s): PNRD-8202126146 & CU-8202126147 A. The property on which the Zoning Atlas Amendment, or change in zoning, from AR-1 (Agricultural, Residential — 1du/ac) to PNRD (Planned Non-Residential District), is being granted is described as follows: Legal Description: LOTS 4 AND 5 IN THE NE '/4, LESS THE NORTH 300 FEET OF THE SOUTH 325 FEET OF THE EAST 157 FEET OF LOT 4, MODEL LAND COMPANY SUBDIVISION, SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT 4, PAGE 34, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND THE NORTH 300 FEET OF THE SOUTH 325 FEET OF THE EAST 157 FEET OF LOT 4 IN THE NE '/4, MODEL LAND COMPANY SUBDIVISION, SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT 4, PAGE 34, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND LOT 6 AND 7 IN NE '/4 OF MODEL LAND COMPANY SUBDIVISION, SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, BEING THE SAME PROPERTY DESCRIBED AS: THE WEST '/2 OF THE EAST '/2 OF THE NW '/4 OF THE NE '/4; AND THE EAST IA OF THE WEST IA OF THE NW '/4 OF THE NE '/4; ALL IN SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. ALL CONTAINING 38.05 ACRES MORE OR LESS Parcel ID Numbers: 3406-501-0012-000-0 & 3406-501-0011-000-3 B. The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from AR-1 (Agricultural, Residential — 1du/ac) to PNRD (Planned Non-Residential District) and to make notation of the reference to the date of adoption of this Resolution. PRELIMINARY PNRD SITE PLAN C. Pursuant to 11.02.05(B) of the St. Lucie County Land Development Code, the PNRD (Planned Non-Residential Development) Preliminary Site Plan for the project known as the Arcosa PNRD is hereby approved, for the subject property described in Part "A" above, as shown on the preliminary site plan drawings for the project, prepared by Engineering Design & Construction, Inc. August 23, 2021, and date stamped received by the St. Lucie County Planning & December 7, 2021 Resolution No. 2021-424 Page 4 File No(s): PNRD-8202126146 & CU-8202126147 Development Services Department on October 5, 2021, as attached and incorporated herein as Exhibit "C", and subject to the following conditions: 1. The Planned Non-Residential Development & Conditional Use Permit shall always comply with the St. Lucie County noise ordinance, pursuant to Section 28-110 — Sound Level Limitations. 2. All operations shall be limited between the hours of 7:00 a.m. and 7:00 p.m. 3. In accordance with Section 7.09.04(E) of the Land Development Code the required perimeter buffer area shall include a masonry eight (8) foot wall that forms a continuous screen between the uses constructed of concrete and brick materials. The masonry wall shall be landscaped with a continuous hedge along both the inside and outside base of the wall and a tree planted every 30 linear feet with at least sixty (60%) percent of the required trees to be located on the outside of the wall. The wall shall be treated with an anti-graffiti surface treatment and the owner shall be responsible for the maintenance of all landscaping along both the inside and outside edge of the wall. 4. The development shall be equipped with appropriate dust abatement protocols, including a sprinkler system to assist in reducing the spread of dust particles on adjacent properties. 5. All on-site crane and forklift equipment shall be equipped with a White Noise Back-Up Alarm, approved by the Occupational Safety & Health Administration (OSHA), pursuant to Title 29 CFR 1926.601(b)(4) and 1926.602(a)(9)(ii). 6. Prior to Final (Minor) Site Plan approval, the applicant shall provide an acceptable Turn Analysis and Truck Movement Plan for review and compliance with south bound turn movements onto Post Office Road from the subject site. 7. Prior to the issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, a 100% gopher tortoise survey conducted by a state certified gopher tortoise agent per Florida Fish and Wildlife Conservation Commission (FWC) protocol shall be required. 8. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. D. The Preliminary Planned Non-Residential Development Site Plan approval granted by this Resolution shall expire on December 7, 2023 unless a Final (Minor) Site Plan is approved, or an extension is granted in accordance with Section 11.02.06(B)(3) of the Land Development Code. December 7, 2021 Resolution No. 2021-424 Page 5 File No(s): PNRD-8202126146 & CU-8202126147 E. The developer is advised as part of this approval that the property owner(s), developer, including any successors in interest, 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, Florida Department of Transportation, 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. F. The conditions set forth in Part "C" above are an integral non-severable part of the Preliminary Site Plan approval granted by this Resolution. If any condition set forth in Part "C" above is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the Preliminary Site Plan approval granted by this Resolution shall become null and void. G. A Certificate of Capacity, a copy of which is attached hereto as Exhibit "B" and made a part hereof the Resolution, was granted by the Planning & Development Services Department Director on December 8, 2021 . CONDITIONAL USE PERMIT H. 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 the Arcosa PNRD for concrete manufacturing, specified under SIC Code 3272 is hereby approved, for the subject property described in Part "A" above, subject to the following conditions: 1. The Planned Non-Residential Development & Conditional Use Permit shall always comply with the St. Lucie County noise ordinance, pursuant to Section 28-110 — Sound Level Limitations. 2. All operations shall be limited between the hours of 7:00 a.m. and 7:00 p.m. 3. In accordance with Section 7.09.04(E) of the Land Development Code the required perimeter buffer area shall include a masonry eight (8) foot wall that forms a continuous screen between the uses constructed of concrete and brick materials. The masonry wall shall be landscaped with a continuous hedge along both the inside and outside base of the wall December 7, 2021 Resolution No. 2021-424 Page 6 File No(s): PNRD-8202126146 & CU-8202126147 and a tree planted every 30 linear feet with at least sixty (60%) percent of the required trees to be located on the outside of the wall. The wall shall be treated with an anti-graffiti surface treatment and the owner shall be responsible for the maintenance of all landscaping along both the inside and outside edge of the wall. 4. The development shall be equipped with appropriate dust abatement protocols, including a sprinkler system to assist in reducing the spread of dust particles on adjacent properties. 5. All on-site crane and forklift equipment shall be equipped with a White Noise Back-Up Alarm, approved by the Occupational Safety & Health Administration (OSHA), pursuant to Title 29 CFR 1926.601(b)(4) and 1926.602(a)(9)(ii). 6. Prior to Final (Minor) Site Plan approval, the applicant shall provide an acceptable Turn Analysis and Truck Movement Plan for review and compliance with south bound turn movements onto Post Office Road from the subject site. 7. Prior to the issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, a 100% gopher tortoise survey conducted by a state certified gopher tortoise agent per Florida Fish and Wildlife Conservation Commission (FWC) protocol shall be required. 8. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. The Conditional Use Permit approval granted by this Resolution shall become null and void unless a Building Permit or Certificate of Zoning Compliance is obtained within twelve (12) months of the Final (Minor) Site Plan approval for the use described in Part "H" above, or an extension is granted in accordance with Section 11.07.05(F) of the St. Lucie County Land Development Code. J. The conditions set forth in Parts "H" are an integral non-severable part of the approval granted by this Resolution. If any condition set forth in Parts "H" & "C" is determined to be invalid or unenforceable for any reason and the applicant or property owner declines to comply voluntarily with that condition, the Conditional Use approval granted by this Resolution shall become null and void. K. A copy of this Resolution shall be mailed to the owner of record as identified on the application. L. This Resolution shall be recorded in the Public Records. December 7, 2021 Resolution No. 2021-424 Page 7 File No(s): PNRD-8202126146 & CU-8202126147 M. ADOPTION After motion and second, the vote on this Resolution was as follows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice-Chair AYE Linda Bartz, Commissioner ABSENT Cathy Townsend, Commissioner AYE Chris Dzadovsky, Commissioner AYE PASSED AND DULY ADOPTED this 7th day of December, 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: P CHAIR ATTEST: APPROVED 'S TO FORM AND CORRECT. •S. jii/) .0 C°1414 BY: , 4t' DEPUTY CLER Pr le. COUNTY A 'ORNEY • m c°kiMrr Foto- December 7, 2021 Resolution No. 2021-424 Page 8 File No(s): PNRD-8202126146 & CU-8202126147 EXHIBIT "A" (LOCATION MAP) [ -7 .-- a------ s to 6 !�}(-\\ O' a se �s `so - o /' / CSubject Parcels a f �a 0 - 1 a J< i a es a _ � e Midway RdI _ n / _ , -----L_L_L j_ 1 rOiin°P,kwylik,11141 t voes r 1-'7\ $ Legend „ -Stilled Parcels rT„ ,,..,\\\jh December 7, 2021 Resolution No. 2021-424 Page 9 File No(s): PNRD-8202126146 & CU-8202126147 I EXHIBIT "B" St Lucie County Certificate of Capacity Date 12/8/2021 Certificate No. 3170 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& Preliminary PNRD Site Plan Number of units 0 Number of square feet 81750 2. Property legal description & Tax ID no. 3406-501-0012-000-0&3406-501-0011-000-3 TBD-Favorite Road, Fort Pierce FL 34981 Arcosa Planned Non-Residential Development Arcosa Planned Non-Residential Development 3. Approval: Building N/A Resolution No. 2021-424 Letter 4. Subject to the following conditions for concurrency: Outlined within Resolution 2021-424 Owner's name C&C Family Grove, LLC Address 3180 N Kings Highway Fort Pierce FL 34951 6. Certificate Expiration Date 12/7/2022 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 devel pme t ord ( ) issued for the same property, use and size as described herein. Signed Date: 12/8/2021 Planning a d Development Services Director St Lucie County, Florida Wednesday,December 8,2021 Page 1 of 2 December 7, 2021 Resolution No. 2021-424 Page 10 File No(s): PNRD-8202126146 & CU-8202126147 EXHIBIT "C" (PRELIMINARY PNRD & CONDITIONAL USE SITE PLAN) • + / I sI ': li 'III I� 1,II I I \ I I, 1 • I ii i I 4 2hI 1 Sri 1.11 6ii 5 I I I I 11. i I I 11 1 i �,a 11' ' :. I `L —__ --- _--- it y9i, • I� �. i I, a `►£ t''. I I ; - I 1 i s1-i1.ii r 1r pia —I/^ 1 2 i61 I i.E - -''Y h I I II I i c ;liiii`ti,cli'. — . 1.----'.....--' I 1 pa lilt�l1111 E113. , i !�il ii'Jlh i21 lb 2 II Y 2 1 : -'I1 i 1.1 ilgF l ill 1 — �1 ,2 - 1 I _. i_._.._._._-._._ �._ it • Ili j II isi i � 44;„...11.1101 ;ii I ,1 h ,::,I i :` .-,__,_ _ 4- 9' Ep4 i_ ____„....„.„..__,...._...r. _._,___,_nmwa,w ixee2eui, �p_ , 8 � i I ,,,,___ _ ._____ �� ,, ,,,. .il. ; I, , ,,,,, . _. ,.., ti I �`, e�G i P a'1 i is' +-f I �i 7-t i ~4< Ii! [ !t l l i;ii; I °+ i i11 ;1..ilit14,1 WINilU 11P ,.... 1 1 iI i1P 1i1 lii i I .titi iiii 1 '4, ' i.i., ili i , 1'! ►ii;i l; io i i ` Jo i MI 1'r :1`tii 114 , 6i61 !,1: ...�.... it i fIT IE1 i 1i!t l F�Ci i l':;Ii it $,li liil 1 it' i1 1 1i F:f o, 1, ?ii 'i/' 2 X x. i '...Mr n1. 1•0•, ryvv vvxxvvw Nry� f• ..vwvvxw vxv v_vvv xxl ryryM1... 11.111.1.1.1711.1.1111.1.1. v v.. {µ., ii I Y I •+Il ARCOSA-POST OFFICE ROAD -y�My' ! „_,,, � x ixl L ! X� PRELIMINARY DEVELOPMENT PLAN .. �'� 1AL t L i ,� i E ttt L f }�,� RONDA `L h d,1„141f n dnt6h1„mm,,/„;I n sAim nel nrm rnd nmmrtrtmnmrmmrnnrm+XA� December 7, 2021 Resolution No. 2021-424 Page 11 File No(s): PNRD-8202126146 & CU-8202126147