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HomeMy WebLinkAboutPDS-22-018 - Arcosa PNRDMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5057508 06/17/2022 03:45:01 PM OR BOOK 4844 PAGE 2699 - 2705 Doc Type: ORD RECORDING: $61.00 PDS 20Lz--v io File No.: CUMn-2202226295 AN ORDER GRANTING APPROVAL OF A MINOR ADJUSTMENT TO THE CONDITIONAL USE PERMIT FOR THE PROJECT KNOWN AS ARCOSA PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT), LOCATED WITHIN THE CASSENS MIXED USE ACTIVITY AREA IN FORT PIERCE, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for a Minor Adjustment to the Conditional Use submitted by Engineering Design & Construction, Inc., on behalf of Meyer Utility Structures LLC, evaluated the comments of the St. Lucie County Development Review Committee on this application and has made the following determinations: On December 7, 2021, the Board of County Commissioners granted a Rezoning from AR-1 (Agricultural, Residential-1) to the PNRD (Planned Non -Residential Development) Zoning District & Preliminary Planned Non -Residential Development (PNRD) Site Plan approval for a 77,750 square foot concrete manufacturing facility, 4,000 square foot office & associated site improvements, and a concurrent Conditional Use Petition to allow concrete manufacturing for the project known as Arcosa PNRD. 2. On January 7, 2021, Engineering Design & Construction, Inc., submitted on behalf of Meyer Utility Structures LLC, a Final (Minor) Site Plan application for the Arcosa Planned Non -Residential Development (PNRD) for an 85,342 square foot manufacturing facility, 3,400 square foot office, aggregate storage containers, sixty (60) foot tall silo, outdoor finished product lay -down yard, right-of-way improvements to Favorite Road, with associated on -site vehicular, stormwater, and landscaping improvements. The building scope expanded beyond what the Board of County Commissioners initially granted through the Preliminary PNRD Site Plan and Conditional Use permit approvals, thus requiring an adjustment to the Conditional Use permit. 3. On February 14, 2022, Engineering Design & Construction, Inc., submitted a Minor Adjustment to the Conditional Use on behalf of Meyer Utility Structures LLC, to construct an 85,342 square foot manufacturing facility inclusive of a 996 square foot second story mezzanine, 3,444 square foot office exclusive of a 144 square foot covered entry, aggregate storage containers, sixty (60) foot tall silo, outdoor finished product lay -down yard, right-of-way improvements to Favorite Road, with associated on -site vehicular, stormwater, and landscaping improvements, within the PNRD (Planned Non -Residential Development) Zoning District. 4. On June 13, 2022, the Planning & Development Services Director approved a Minor Adjustment to the Conditional Use to construct an 85,342 square foot manufacturing facility inclusive of a 996 square foot second story mezzanine, 3,444 square foot office exclusive of a 144 square foot covered entry, aggregate storage containers, sixty (60) foot tall silo, 389,988 square foot outdoor finished product lay -down yard, right-of-way improvements to Favorite Road, with associated on -site vehicular, stormwater, and landscaping improvements, within the PNRD (Planned Non -Residential Development) Page 1 PDS No. 2022-018 File No.: CUMn-2202226295 Zoning District 5. The St. Lucie County Development Review Committee has reviewed the Minor Adjustment to the Conditional Use and found it to meet the technical requirements of the St. Lucie County Land Development Code (LDC), Comprehensive Plan, and has satisfied the standards of review set forth in LDC Section 11.07.03 - Standards for Adjustment to Conditional Use permits, subject to the conditions set forth in Part "A" of this Order. 6. 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 can be found in the Planning and Development Services memorandum titled Arcosa Planned Non -Residential Development (PNRD) - Minor Adjustment to the Conditional Use (CUMn-2202226295), dated June 13, 2022. 7. 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. 8. 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. 9. 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 11.07.05 of the St. Lucie County Land Development Code, the Minor Adjustment to the Conditional Use known as Arcosa PNRD is hereby approved as shown on the site plan drawings, attached as Exhibit "A", for the project prepared by Engineering Design & Construction, Inc., dated March 17, 2022, and date stamped received by the St. Lucie County Planning and Development Services Division on April 7, 2022, subject to the following conditions: 1. Prior to the issuance of a Building Permit for the office and manufacturing structure, and aggregate storage silo, the applicant, developer, or successor shall submit architectural elevations consistent with the Community Architectural Standards outlined under Section 7.10.24 of the Land Development Code. 2. Additional improvements to Favorite Road and Post Office Road may be required at Site Development Permit to accommodate proper truck circulation. 3. 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. 4. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. Page 2 PDS No. 2022-018 File No.: CUMn-2202226295 L3 Page 3 5. The Planned Non -Residential Development & Conditional Use Permit shall comply with the St. Lucie County noise ordinance, pursuant to Section 28-110 — Sound Level Limitations. 6. All on -site operations shall be limited between the hours of 7:00 a.m. and 7:00 p.m. 7. Prior to the issuance of a Certificate of Occupancy (CO) for the manufacturing structure, the applicant, developer, or successor shall submit a building permit for the required eight (8) foot tall opaque concrete or brick wall. 8. Prior to the issuance of a Certificate of Occupancy (CO) for the office or manufacturing structure, the applicant, developer, or successor shall combine the subject parcels via Unity of Title. 9. Prior to the issuance of a Certificate of Capacity (CO), the site shall be equipped with appropriate dust abatement protocols, including a sprinkler system to assist in reducing the spread of dust particles on adjacent properties. 10. 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). 11. The use of motorized vehicles shall be prohibited within the outdoor storage area, except for the incidental use of any area by forklift, or similar powered vehicle. 12. Should Favorite Road east of the Arcosa PNRD site access be improved in the future, traffic generated from the project site shall not access Favorite Road east of the project's eastern property boundary. The properties on which this Minor Adjustment to the Conditional Use is being granted are described as follows: LEGAL DESCRIPTION: LOTS 4 AND 5 IN THE NE %, 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 %, 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 % OF MODEL LAND COMPANY SUBDIVISION, SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, BEING THE SAME PROPERTY DESCRIBED AS: PDS No. 2022-018 File No.: CUMn-2202226295 THE WEST'h OF THE EAST'/2 OF THE NW'/4 OF THE NE %; AND THE EAST '/ OF THE WEST 'h OF THE NW % OF THE NE '/a; 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 C. The approvals granted by this Administrative Order shall expire twelve (12) months from the effective date, unless a Zoning Compliance or Building Permit are obtained, or an extension is granted in accordance with the provisions of Section 11.07.05(F) of the St. Lucie County Land Development Code. D. The developer, including any successors in interest, is advised as part of this Minor Adjustment to the Conditional Use permit approval for the Arcosa PNRD, all applicable development permits and construction authorizations shall be obtained from the appropriate State, Federal, and Local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, 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 Order 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 included as 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 Minor Conditional Use Adjustment application. F. The conditions of approval set forth in Part "A" are an integral non -severable part of the 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 Conditional Use 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 4 PDS No. 2022-018 File No.: CUMn-2202226295 J. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 13' " ` day of TkO E 2022. PLANNING & DEVELOPMENT SERVICES DIRECTOR, ST. LUCIE COUNTY, FLORIDA BY till GL Mayte SantarnWa APPROVED AS TO FORM AND CORRECTNESS: m Page 5 PDS No. 2022-018 File No.: CUMn-2202226295 EXHIBIT "A" m N / ESC ARCOSA- FAVORITE ROAD CITE PLAN � •i.�Ns a:uVMR If r.:c: Page 6 PDS No. 2022-018 File No.: CUMn-2202226295 EXHIBIT "B" St Lucie County Certificate of Capacity Date 6/13/2022 Certificate No. 3 189 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 Minor Adjustment to the C otiditional Usc Number of units 0 Number of square feet 88786 2..Property legal description & Tax ID no. 3406-501-0012-00010 & 3406-501-001 1-0001,3 BD - Favorite Read Arcola PNRD Cassens Mixed -Use Activity .Area 3. Approval: Buildinsl Resolution No. 2022-018 Letter 6.13.22 4. Subject to the following conditions for concurrency: Conditions outlined within PUS Order 2022-018 Owner's name Myer Utlility Structures, LLC Address 500 N Akard Street, Suite 400 Dallas TX 75201 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 development orderts) issued for the same property, use and size as described herein. Signed nin r( 1 .ti Date:6/13/2022 h Planning and Development Services Director St Lucie County, Florida Page 7 PDS No. 2022-018 File No.: CUMn-2202226295