HomeMy WebLinkAboutPDS-22-033 - 1509 N 43rd St - Apostle Faith Church of Deliverance, Inc.MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 5084607 08/16/2022 02:35:48 PM
OR BOOK 4874 PAGE 988 - 999 Doc Type: ORD
RECORDING: $103.50
PDS 2022-033
File No. MNSP-2206-000039
AN ORDER GRANTING APPROVAL FOR A MINOR
ADJUSTMENT TO A MINOR SITE PLAN FOR THE PROPERTY
LOCATED AT 1509 N. 43RD STREET.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
application by the Apostle Faith Church of Deliverance, Inc. for a Minor Adjustment to a Minor Site
Plan to permit the construction of a pool and screen enclosure and installation of a fence and
landscaping as well as the comments made by the St. Lucie County Development Review
Committee on this application and has made the following determinations:
A Minor Site Plan was approved for the property owned by Apostle Faith Church of
Deliverance, Inc. on May 9, 2000.
2. Apostle Faith Church of Deliverance, Inc. filed an application for a Minor Adjustment to a
Site Plan to obtain a building permit for the construction of a 30-foot by 15-foot pool, fence,
and screen enclosure.
3. The St. Lucie County Development Review Committee reviewed the proposed Minor
Adjustment to the Site Plan and found it to meet the general purpose and technical
requirements of the St. Lucie County Land Development Code (LDC), be consistent with
the St. Lucie County Comprehensive Plan, and satisfy the standards of review set forth in
Section 11.02.03.C.8., LDC, subject to the conditions set forth in Part "A" of this Order.
4. The proposed Minor Adjustment is consistent with the intent and purpose of the St. Lucie
County Comprehensive Plan and the standards and requirements of the St. Lucie County
LDC and this Adjustment does not conflict with any portion of any required open space,
building separation requirements, or other provisions of the St. Lucie County LDC.
5. Planning Staff completed detailed analysis of the project and determined it to be consistent
with all applicable provisions of Chapter XI, Article 2, Procedures for Review of Site Plans,
St. Lucie County LDC. The analysis is found in the Staff Report for the Apostle Faith Church
Minor Adjustment to a Minor Site Plan (MNSP-2206-000039), dated August 5, 2022.
6. The project is served by the Fort Pierce Utility Authority for potable water and utilizes an
on -site sewage disposal system for wastewater.
As provided in Section 5.03.01.G., St. Lucie County LDC, "construction of accessory
buildings and structures that do not create additional impact on public facilities" is exempt
from Chapter V, Adequate Public Facilities.
NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Sections 11.02.03.A.5.b. and 11.02.03.C.8.s., St. Lucie County LDC, the
proposed Minor Adjustment to a Minor Site Plan to allow the construction of a pool and
screen enclosure and installation of a fence (hereafter referred to as the project), is hereby
approved by the St. Lucie County Planning & Development Services Director, on the
Page 1 PDS No. 2022-033
File No.: MNSP-2206-000039
property described in Part B and depicted in Exhibit "A," subject to the following conditions
of approval:
1. Prior to approval of the Form Board Survey for the construction of the pool, the
Boundary Survey shall be updated in accordance with the current standards of
Chapter 61G17-6 FAC and Section 11.02.09., St. Lucie County LDC, and consistent
with the comments of the County Surveyor attached hereto as Exhibit B.
2. Prior to any ground disturbance or removal of any vegetation, a Vegetation Removal
Permit or Exemption issued by ERD is required per Section 6.00.03, St. Lucie County
LDC.
3. Prior to issuance of a Certificate of Completeness, the applicant shall provide a
revised landscaping landscape plan consistent with Section 7.09.00 of the St. Lucie
County Land Development Code, prepared by a licensed landscape architect or a
landscaping contractor and said landscaping and irrigation system shall be installed,
consistent with the approved plans and all applicable provisions of the St. Lucie
County LDC.
4. Any native trees that will be impacted by construction of the pool and screen enclosure
must be identified and a mitigation plan proposed.
5. Prior to issuance of a Certificate of Completion, all Category I invasive plant species
shall be eradicated from the site.
6. Prior to final inspection of the project building permit, a Unity of Title shall be submitted
to and reviewed by the County and recorded by the property owner for the 1.6-acre
B. The property on which this Minor Adjustment to a Minor Site Plan is being granted, as
depicted in Exhibit "A" is described as follows:
LEGAL DESCRIPTION:
SUNLAND GARDENS, SECTION 4 - BILK 51 LOTS 1, 2 AND 3--LESS E 5 FT -
AND ALL OF LOTS 4, 5, 6, 12 AND 13 AND LOTS 14, 15 AND 16--LESS W 5
FT --AND REVISED PLAT OF KEYSTONE HEIGHTS, BILK 8 AND ALL OF LOTS
1, 2, 3 AND 4 (1.60 AC - 69,696 SF)
PARCEL ID No.: 2406-506-0070-000-6
C. The developer, including any successors in interest, is advised as part of this Minor
Adjustment to a Minor Site Plan approval that 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
Page 2 PDS No. 2022-033
File No.: MNSP-2206-000039
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.
D. 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 filed in writing with the County Administrator within
30 days of the rendering of this Order, as described in Section 11.02.04(B), St. Lucie
County LDC. 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.
E. This Order shall expire twenty-four (24) months from the effective date unless a building
permit is issued, or an extension is granted in accordance with the Land Development Code
Section 11.02.06.
F. A copy of this Order 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.
G. The conditions set forth in Part "A" are an integral non -severable part of the adjustment
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 approval granted by this order shall become null and void.
H. This Order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the day of August, 2022.
PLANNING AND DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
f
BY
Mayte Sant m ria
APPROVED AS TO FORM AND CORRECTNESS:
MR
Page 3 PDS No. 2022-033
File No.: MNSP-2206-000039
Exhibit "A"
(Location Map)
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Page 4 PIDS No. 2022-033
File No.: MNSP-2206-000039
Exhibit "B"
Survey Comment Summary Sheet — July 8, 2022
Minor Adjustment proposal for the Baptismal Pool for Apostle Faith Church.
• An updated Boundary Survey and Legal Description prepared in accordance with
the current standards of Chapter 61 G17-6 FAC and Section 11.02.09 of the St.
Lucie County Land Development Code.
• All boundary surveys shall be submitted on a sheet size twenty-four (24) inches by
thirty-six (36) inches and shall be the same scale as the project site plan. All
boundary surveys shall have been prepared within the 12 months prior to the
application for site plan being filed and shall contain at a minimum the following
information, as applicable. -
All boundary surveys are to be tied to a monumented section line or the nearest 1/4
section line, and shall be so noted on the boundary survey.
• Topographic Detail. A sufficient number of spot elevations shall be shown to
support the contour information and to accurately reflect the site topography. (Note:
elevations provided within the project scope)
• Provide information directly from plats about individual lot lines dimensions.
• Provide the horizontal accuracy statement. [5J-17.051.(2)(b)]
• Provide the following statement:
I HEREBY CERTIFY THIS BOUNDARY SURVEY WAS MADE FOR THE
PURPOSE OF OF THE POSITION OF THE BOUNDARY OF REAL
PROPERTY ACCORDING TO THE REAL PROPERTY DESCRIPTION SHOWN
AND DEPICTED HEREON. I FURTHER CERTIFY SAID SURVEY WAS DONE
UNDER MY RESPONSIBLE CHARGE AND IS IN COMPLIANCE WITH THE
STANDARDS OF PRACTICE AS SET FORTH BY THE BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA
ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA
STATUTES. THIS DRAWING, CONSISTING OF SHEETS 1 THROUGH x, IS A
TRUE, ACCURATE AND COMPLETE DEPICTION OF A FIELD SURVEY
PERFORMED UNDER MY DIRECTION AND COMPLETED ON
• Provide the statement of the responsibility. [5J-1 7.051 (3)(i)]
• Provide the benchmark(s) on site.
Provide the vertical accuracy statement. [5J-17.051.(2)(a)] Explain how vertical
accuracy was derived.
Page 5 PDS No. 2022-033
File No.: MNSP-2206-000039
• Provide a professional opinion about applying principles for simultaneously created
boundaries. Measurement discrepancies exist between the plat dimensions and
measurements. Please explain.
• Provide the closure reports.
• Provide the last day of data acquisition. [5J-17.051(3)(d)]
• Please clarify any discrepancies between the legal description(s) and warranty
deeds for the affected area.
Page 6 PDS No. 2022-033
File No.: MNSP-2206-000039
1.. O. •ww
TO: Mayte Santamaria, Director
THROUGH: Benjamin Balcer, AICP, Assistant Director
FROM: Irene Szedlmayer, AICP, Senior Planner
DATE: August 5, 2022 P
Services Department
Planning Division
WEMORANDUM
SUBJECT: Apostle Faith Church of Deliverance, Inc.
Minor Adjustment to a Minor Site Plan (MNSP-2206-000039)
The applicant is requesting a Minor Adjustment to a Minor Site Plan for Apostle Faith Church of Deliverance,
Inc. to facilitate the issuance of a building permit for a pool, screen enclosure, fence, and installation of
landscaping. This staff report recommends approval of the Minor Adjustment to a Minor Site Plan subject to
certain enumerated conditions.
GENERAL INFORMATION:
Property Owner: Apostle Faith Church of Deliverance, Inc.
112 Devonshire Drive
Fort Pierce, FL 34946
Applicant:
Apostle Faith Church of Deliverance, Inc.
112 Devonshire Drive
Fort Pierce, FL 34946
Agent:
A & G Concrete Pools, Inc.
8880 Glades Cut Off Road
Port St. Lucie, FL 33486
Location:
1509 N. 43' Street
Fort Pierce, FL 34947-7061
Zoning Districts:
I (Institutional), RF (Religious Facilities) and RS-4 (Residential, Single-family,
4 du/ac)
Future Land Use:
RU (Residential Urban)
Parcel ID Number:
2406-506-0070-000-6
Parcel Size:
1.6 acres
Water & Wastewater: Fort Pierce Utilities Authority (FPUA) for water only. Wastewater is handled
through an onsite sewage treatment and disposal system.
BACKGROUND:
The 1.6-acre parcel is located at 1509 N. 43rd Street in Fort Pierce. The site is withing the I (Institutional), RF
(Religious Facilities) and RS-4 (Residential, Single-family, 4 du/ac) Zoning Districts and has a RU
ST. LUCIE �Vj�'\ R
Project Name: Apostle Faith Church
File No.: MNSP-2206-000039
(Residential, Urban) Future Land Use designation. The property is located within the Urban Service Boundary
(USB). In 1992, the Applicant constructed a 5,678 sq. ft. church building. In 2000, the Apostle Faith Church
of Deliverance Minor Site Plan was approved. In 2006, a 6,645 sq. ft. church building was constructed. In
2014, an open-air pavilion was constructed.
The building permit application to construct a 30-foot by 15-foot baptismal pool triggered the requirement for
a Minor Adjustment to the Minor Site Plan. The footprint of the proposed improvement, including the decking
surrounding the pool, is 1,125 sq. ft. The proposed improvement is located within the 12,600 sq. ft. (+/-)
portion of the property in the RF Zoning District. The building permit has been reviewed by the Permitting
and Zoning Division and will be issued following the approval of this Adjustment.
Aerial Image of Subject Property
Excerpt of Zoning Atlas
STANDARDS FOR REVIEW OF MINOR ADJUSTMENT TO MINOR SITE
PLAN AS SET FORTH IN SECTIONS 11.02.03 & 11.02.07 OF THE
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
The St. Lucie County Land Development Code (LDC), Section 11.02.07, establishes the Standards for Site
Plan. Site plan approval shall be granted only if the applicant demonstrates compliance with the requirements
of Section 11.02.07, which are as follows:
A. Consistency with Local Ordinances and Comprehensive Plan.
The proposed Adjustment is consistent with the general purpose and standards of the LDC and
applicable Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan.
ST. LUCIE WORKS 2
Project Name: Apostle Faith Church
File No.: MNSP-2206-000039
The baptismal pool is a permitted accessory use to the principal use of the place of worship and
will be constructed in the RF Zoning District. The Applicant has demonstrated compliance with:
■ setbacks established by Section 7.04.01 and Table 7-10, LDC;
■ maximum lot coverage for accessory uses and structures established by Section 8.00.02.B,
LDC;
■ fencing around the pool required by Sections 8.00.03 and 8.00.05.A., LDC; and
■ the provision of a landscape buffer parallel to Avenue O and 44' Street, including a solid
hedge and shade trees planted 30-feet on center
B. Effect on Nearby Properties.
1. The proposed Adjustment will not have an undue adverse effect upon nearby property, the
character of the neighborhood, traffic conditions, parking, utility facilities, and other matters
affecting the public health, safety, and general welfare.
2. All reasonable steps have been taken to minimize any adverse effect of the proposed Adjustment
on the immediate vicinity through building design, site design, landscaping, and screening.
3. The proposed baptismal pool and associated buffering 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.
Staff has concluded that the proposed improvement will have no undue adverse effect upon
nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities,
or other matters affecting the public health, safety, and general welfare. The proposed
landscaping parallel to the right-of-way in the vicinity of the improvement will beautify the
neighborhood. All reasonable steps have been taken to minimize any adverse effect of the
proposal on the immediate vicinity through building design, site design, landscaping, and
screening. The proposed improvement will not interfere with the development and use of
neighboring property.
C. Adequacy of Public Facilities. The proposed accessory structure complies with the standards of
Chapter V, Adequate Public Facilities, and is eligible for an Exemption Certificate in accordance
with LDC Section 5.03.01 G. Because the project constitutes the construction of an accessory
structure that does not create an additional impact on public facilities, it is exempt from Adequate
Public Facilities requirements.
D. Adequacy of Fire Protection. The proposal has been evaluated by the St. Lucie County Fire
District to ensure that water supply, evacuation facilities, and emergency access are satisfactory to
provide adequate fire protection. The building permit application for the proposed pool and screen
enclosure was approved by the Building Division for compliance with applicable fire protection
requirements. Fire Station #1, Central, is situated 3.3 miles (travel distance) to the southeast of
the petition site.
E. Adequacy of School Facilities. The proposed accessory structure for this institutional use is not
anticipated to impact the level of service to school facilities.
F. Environmental Impact. The Environmental Resources Department determined an environmental
impact report pursuant to Section 11.02.09(A)(5), LDC, was not required. The Development
Review Committee has reviewed the application and determined that the proposed Minor
Adjustment to the Minor Site Plan meets the standards set -forth in Section 11.02.07., LDC, except
as identified as conditions in the proposed Development Order below.
ST. LUCIE �\VAVIO
Project Name: Apostle Faith Church
File No.: MNSP-2206-000039
The DRC Report dated August 5, 2022 includes the following findings from the Environmental Resources
Department:
Provide a Landscape Plan consistent with LDC 7.09.00, including but not limited to;
a. Where applicable, a 15 ft. wide landscape buffer along road right -of ways (ROW) consisting
of one (1) native shade tree every 30 linear ft. and a 24" continuous native hedge per LDC
7.09.04.A. Per LDC 7.09.03, all trees installed to meet required landscaping shall be native
(i.e., remove the jacaranda, as this is a non-native tree). A plant schedule providing the species,
quality, size and height, etc. shall be included. Additionally, when proposing a fence/wall
adjacent to a public or private ROW, it shall be designed and constructed so that the fence/wall
face adjacent to the ROW is articulated in such manner so as not to result in a continuous flat
surface facing the ROW. Relief may be considered to the articulation of the fence/wall
requirement by the Environmental Resources Director, provided a written request is submitted
requesting this specific relief per LDC 7.09.04.0.
b. Where applicable, screen vehicular use areas from adjacent properties with a 10 ft. wide
landscape buffer consisting of one (1) native shade tree every 30 linear ft. and a 48" continuous
native hedge per LDC 7.09.04.B;
c. All landscaping shall be mulched at minimum with 3" deep of non -cypress mulch and watered
by automatic irrigation per LDC 7.09.04.L.
The ERD recommendation is incorporated into the collective staff recommendation below.
STAFF RECOMMENDATION:
Staff has determined that the application qualifies as a Minor Adjustment to the Minor Site Plan, pursuant to
Section 11.07.03.C., LDC, meets the standards for review pursuant to Section 11.02.07.C., LDC, and is
consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, staff recommends
approval of PDS Order 2022-033, containing the following conditions:
1. Prior to approval of the Form Board Survey for the construction of the pool, the Boundary Survey
shall be updated in accordance with the current standards of Chapter 61G17-6 FAC and Section
11.02.09 of the St. Lucie County Land Development Code, consistent with the July 8, 2022
Survey Comment Sheet, attached as Exhibit A to this staff report.
2. Prior to any ground disturbance or removal of any vegetation, a Vegetation Removal Permit or
Exemption issued by ERD is required per Section 6.00.03, LDC.
3. Prior to issuance of a Certificate of Completeness, the applicant shall provide a revised landscape
plan consistent with Section 7.09.00 of the St. Lucie County Land Development Code, prepared
by a licensed landscape architect or a landscaping contractor and said landscaping and irrigation
system shall be installed, consistent with the approved plans and all applicable requirements.
4. Any native trees that will be impacted by construction of the pool and screen enclosure must be
identified and a mitigation plan proposed.
5. Prior to issuance of a Certificate of Completion, all Category I invasive plant species shall be
eradicated from the site.
6. Prior to final inspection of the project building permit, a Unity of Title shall be submitted to and
reviewed by the County and recorded by the property owner for the 1.6-acre site.
ST. LUCIE VVORK�:) 4
Exhibit "A"
(Location Map)
FA
1 4V
a
Page 4 PDS No. 2022-033
File No.: MNSP-2206-000039