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Home My WebLink About22-144 :O0-I IA 3 Q;0 F — Ap �m o Cr, ZAo0 0Wc�n1t1� Resolution 2022-144 `"N5P" �vo09 File No. CUMj-4202126009 o"N m mN�� coo 0 N r A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO A CONDITIONAL W s USE PERMIT FOR DLF CITRUS (FKA SUN BRITE CITRUS) TO EXPAND °0 THE CITRUS PROCESSING AND PACKING FACILITY WITHIN THE AG-5 0 m (AGRICULTURAL - 5) ZONING DISTRICT LOCATED AT 150 GRAVES `-' M A ROAD IN ST. LUCIE COUNTY, FLORIDA. o C 0 0 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on 1 testimony and evidence, including but not limited to findings in the staff report, has made following determinations: 1. DLF Packing, LLC, presented a petition for a Major Adjustment to the existing Conditio Use Permit to expand an existing 51,000 sq. ft. citrus packing facility by no more th- 33,245 sq. ft., formerly known as Sun Brite Citrus, to accommodate new freezers, relocation of the loading docks, and expansion of the internal support areas for their facility on a +/- 19.3-acre parcel located at 150 Graves Road, at the northeast corner of Graves Road and Orange Avenue, within the AG-5 (Agricultural-5) Zoning District legally described in Paragraph C and depicted on the attached map as Exhibit "A". The applicant has filed a concurrent Adjustment to the approved site plan, which shall require final action by the Planning and Development Services Director. 2. On July 28, 1992, the Board approved Resolution 92-103, granting a Conditional Use Permit for Sun Brite Citrus to develop a 45,100 sq. ft. warehouse and 3,750 sq. ft. office for a Citrus Packing operation, after holding a public hearing on the petition, after publishing a notice at least 10 days prior to the hearing 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. 3. On June 16, 1994, the Community Development Director granted approved a Minor Adjustment to the Major Site Plan to relocate the handicapped parking spaces and to amend the dimensions of the cannery. 4. On July 5, 2022, the Board of County Commissioners approved a Transportation Impact Study Waiver for the DLP (AKA DLF) Citrus Site Plan & Conditional Use Adjustments pursuant to St. Lucie County Land Development Code (LDC) Section 11.02.09(A)(4)(a). 5. The Development Review Committee has reviewed the proposed Major Adjustment and found it to be in substantial conformity with the existing Conditional Use. 6. St. Lucie County Planning and Development Services staff has performed the required land use analysis for this application. e 7. On August 16, 2022, this Board held a public hearing on the petition, after publishing a notice of such hearing, causing a sign to posted on the premises and notifying by mail all owners of property within 500 feet of the subject property. 8. The Major Adjustment to an existing Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. File No.: CUMj-4202126009 Resolution No. 2022-144 Page 1 9. The project, with restated and amended conditions therein, will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utilities, or other matters affecting the public health, safety, and general welfare. 10. The proposed project will be serviced by adequate public facilities and services. 11. The Certificate of Capacity as required under Chapter V, St. Lucie County Land Development Code, shall be required for authorization of the associated Site Plan Adjustment. 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 Sections 11.07.03 & 11.07.04, Conditional Uses, and Sections 3.01.03(C)(7) e. of the Land development Code, the Conditional Use Permit for DLF Citrus (FKA Sun Brite Citrus), approved by Resolution 92-103, on for the property described in Paragraph C is hereby Adjusted as generally shown on the drawings for the project prepared by MBV Engineering dated February 2022, subject to the following conditions: C. The property on which this Major Adjustment to a Conditional Use Permit is being granted is described as follows: Prior to authorizing the associated Site Plan Adjustment, the applicant and/or representatives shall update the Site Plan to comply with the maximum 10% Lot Coverage permitted in the AG-5 Zoning District. 2. Prior to authorizing the associated Site Plan Adjustment, the applicant and/or representatives shall update the proposed Landscape Plan in accordance with the Land Development Code as highlighted in the July 25, 2022 Environmental Resources Department Comment Letter as summarized in this letter. 3. All project access points to Graves Road shall connect a section of Graves Road, paved to County Public Works Specifications. The applicant may be required to permit and extend the paved section of Graves Road to serve the northern access point proposed to serve the project, providing an access radius of return at a minimum of 35ft. 4. The proposed gates shall be open during hours of operation, unless the restricted gate access standards of LDC Section 7.10.15 are met by the Site Plan Adjustment. 5. Prior to issuance of a Certificate of Occupancy all Category I listed invasive plant species shall be eradicated from the site. 6. Prior to issuance of a Vegetation Removal Permit or Exemption, listed species surveys including but not limited to gopher tortoise surveys shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys, appropriate permits from state and federal agencies shall be required. File No.: CUMj-4202126009 Resolution No. 2022-144 Page 2 Legal Description: The West 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 12, Township 35 South, Range 38 East, St. Lucie County, Florida, less and excepting 25 foot right of way for Graves Road as recorded in Deed Book 77, Page 27B, also less and except the East 10 feet of the West 35 feet of the West 1/2 of the Southeast 1/4 of the Northwest 1/4 as recorded in O. R. Book 869, Page 8, of the Public Records of St. Lucie County, Florida. Parcel ID#: 2213-242-0001-000-8 D. The approvals and authorizations granted by this Resolution are for the purpose of expanding an existing citrus packing and distribution 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 are for the purpose of obtaining a Site Plan Adjustment, Building Permit and/or Zoning Compliance from St. Lucie County, and are not assigned to any other party or institution. Should the applicant choose or decide to assign this business to another entity or individual, an adjustment to this Conditional Use Permit shall be required. F. Pursuant to Section 11.07.05(I) of the St. Lucie County Land Development Code, a Conditional Use Permit, and Adjustments thereof, shall be valid for the purposes of securing a Building Permit or Certificate of Zoning Compliance for twelve (12) months from the date of this approval, unless a Building Permit or Certificate of Zoning Compliance is secured within twelve (12) months, and construction subsequently undertaken pursuant to such Building Permit, the Conditional Use Permit shall automatically expire unless the permit is extended upon application to the Board of County Commissioners. G. The developer is advised as part of this Conditional Use Permit Adjustment, including any successors in interest, the developer 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, 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 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. H. The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. I. This Resolution shall become effective upon the date indicated below. An appeal of 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. File No.: CUMj-4202126009 Resolution No. 2022-144 Page 3 J. This Resolution shall be recorded in the Public Records of St. Lucie County. K. Adoption After motion and second, the vote on this resolution was as follows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice -Chair AYE Chris Dzadovsky, Commissioner AYE Linda Bartz, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 16th day of August, 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY 6Z. ps ATTEST: _/, DEPUTY CLERK J�41 COMA' * � Z co c�vN7'Y FLO��t Chair APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTO File No.: CUMj-4202126009 Resolution No. 2022-144 Page 4 N A Orange Avenue Exhibit "A" (Location Map) Subject property r e� (U cU c o U a� C N 2 File No.: CUMj-4202126009 Resolution No. 2022-144 Page 5