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HomeMy WebLinkAboutPDS-22-013 - FKA American Tower (Project: Kenworth Environment Drive)PDS ORDER 2022-013 File No. SPMn-10202126209 AN ORDER GRANTING APPROVAL OF A MAJOR ADJUSTMENT TO A MINOR SITE PLAN (FKA AMERICAN TOWER SYSTEMS) FOR THE PROJECT KNOWN AS KENWORTH ENVIRONMENT DRIVE FOR A PROPERTY LOCATED IN FORT PIERCE, FLORIDA WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for a Major Adjustment to a Minor Site Plan submitted by Engineering Design & Construction, Inc., on behalf of Kenworth of South Florida, evaluated the comments of the St. Lucie County Development Review Committee on this application and has made the following determinations: 1. Engineering Design & Construction, Inc., submitted on behalf of Kenworth of South Florida, a Major Adjustment to a Minor Site Plan to construct a six (6) bay 6,000 square foot maintenance and repair building, with associated site improvements located at 5690 Environment Drive Fort Pierce, FL, within the IH (Industrial, Heavy) Zoning District. 2. On October 15, 1996, the Board of County Commissioners approved Resolution No. 96- 229, granting a Conditional Use Permit for a communication tower known as American Tower Systems. 3. On September 28, 2001, the Community Development Director approved a Minor Adjustment to a Minor Site Plan to provide additional telecommunications equipment on an existing 300-foot lattice tower. 4. The St. Lucie County Development Review Committee has reviewed the adjusted Site Plan and found it to meet the technical requirements of the St. Lucie County Land Development Code, Comprehensive Plan, and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, subject to the conditions set forth in Part "A" of this Order. 5. Planning staff has performed a detailed analysis of the project and found 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 memorandum titled Kenworth Environment Drive — MajorAdjustment to the Minor Site Plan (SPMn-10202126209), dated March 23, 2021. 6. The proposed project 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. 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. IIIICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT !;AINT LUCIE COUNTY FILE # 5022951 04/12/2022 11:34:22 AM Page 1 DR BOOK 4806 PAGE 2068 - 2073 Doc Type: ORD PDS No. 2022-013 fIECORDING: $52.50 File No.: SPMn-10202126209 8. 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. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Major Adjustment to the Minor Site Plan to be known as Kenworth Environment Drive is hereby approved as shown on the site plan drawings, attached as Exhibit "A", for the project prepared by Engineering Design & Construction, Inc., dated January 31, 2022, and date stamped received by the St. Lucie County Planning and Development Services Division on March 16, 2022, subject to the following conditions: The subject Parcel ("Southern" Parcel ID: 3406-501-0040-000-5) and the commonly held Parcel ("Northern" Parcel ID: 3406-600-0011-000-7), abutting to the north, hold a shared access agreement for the existing driveway on Magnum Drive. Should the joint access agreement be severed or the "Northern" Parcel propose a new driveway, all St. Lucie County Land Development Code driveway standards shall be met, including the installation of required landscape buffering between the parcels. This shall include any physical modifications, where required, to the current joint driveway on Magnum Drive to ensure compliance with applicable standards. 2. Within 30 days of this approval, a building permit for the fence is required with the St. Lucie County Building Divison for the parcel ("Southern" Parcel ID: 3406-501-0040- 000-5) along the north property line. 3. The fence between the northern parcel ("Northern" Parcel ID: 3406-600-0011-000-7) and the southern parcel ("Southern" Parcel ID: 3406-501-0040-000-5) shall remain open during operational hours to ensure adequate ingress and egress to the northern parcel. B. The property on which this Major Adjustment to the Minor Site Plan is being granted is described as follows: LEGAL DESCRIPTION: THE SOUTH 1/2 OF LOT 8 IN THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, MODEL LAND COMPANY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 34, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Parcel Size: 4.61 acres, more or less. Address: 5690 Environment Drive, Fort Pierce, FL 34981 Parcel I.D. No.: 3406-501-0040-000-5 C. The approvals granted by this administrative order shall expire twenty-four (24) months from the effective date, unless a Building Permit is obtained or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. Page 2 PDS No. 2022-013 File No.: SPMn-10202126209 D. The developer, including any successors in interest, is advised as part of this Site Plan approval for Kenworth Environment Drive, all applicable development permits and construction authorizations shall be obtained 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 Part "B". Issuance of this 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. E. A copy of this Order shall be attached to the site plan drawings described in Exhibit "A", which plan shall be placed on file with the St. Lucie County Planning and Development Services Department and mailed to the developer and agent of record as identified on the site plan application. F. The conditions set forth in Part "A" are an integral non -severable part of the site plan approval granted by this Order. If any condition set forth is Part "A" is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan adjustment granted by this order shall become null and void. G. The Site Plan, attached as Exhibit "A", shall be valid for the same period as this order. H. The Certificate of Capacity, attached as Exhibit "B", shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part "A" above, all such appeals must be filled in writing with the County Administrator within thirty (30) days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. Page 3 PDS No. 2022-013 File No.: SPMn-10202126209 J. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 315+ day of Mare 2022 PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA Sri►1C�t� IWI APPROVED AS TO FORM AND CORRECTNESS: m Page 4 County Attorney PDS No. 2022-013 File No.: SPMn-10202126209 EXHIBIT "A" (Approved Site Plan) s �� � � i� lei; �j• ���I� ;��'�� #l1Eli� i � � �Eil�i� • !1 ��.� : e 'Pill, �t � ; � i s�•� ! p .'�i ;;;IFe�R oialiii is , � is [! 1 t si ��. tii�f fill�f HE E1j'u�r` r\ 1 MAJOR AMENDMENT MINOR SITE PLAN ,. .. w P SY Page 5 PDS No. 2022-013 File No.: SPMn-10202126209 EXHIBIT "B" (Certificate of Capacity) St Lucie C'ouiity Certificate of Capacity Date _+;31;20_2 Certificate No. a 1,42 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 Mai or AO:1ustlltC111 to 1lic t`tinar Site Plan Number of units J Number of square feet 6,M) 2. Property legal description & Tax ID no. 3406-501-0040-000-5 S694 Ervin mnent Dr_. Furl Pie: -cc, FL. 34981 Kenwortll Environment Drive 3. Approval, Building Resolution No. 2022.013 Letter 4. Subject to the following conditions for concurrency: Outlined in [IDS 2022-01.1 Owner0s name MPP Environmental LI,C Address 20S S_ t3rocksnrith Ro d Fort Pierce FL 34945 S. Certificate Expiration Date 33112024 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 development order (s)same property, use and size as described herein, Signed tr...•w t]ate: 3M/2022 Planning and Development Services Director St Lucie County, Florida Thursday, i4iA"h 31, 2022 Page l of i Page 6 PDS No. 2022-013 File No.: SPMn-10202126209