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HomeMy WebLinkAbout22-176 RESOLUTION 2022-176 File No. CU-3202226349 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A CONDITIONAL USE PERMIT TO DEVELOP A 104,771 SQUARE FOOT SELF-STORAGE FACILITY CONSISTING OF A 54,555 SQUARE FOOT THREE-STORY SELF-STORAGE BUILDING AND OFFICE, FOUR (4) SINGLE-STORY SELF-STORAGE BUILDINGS TOTALING 50,216 SQUARE FEET AND TEN (10) RV AND BOAT STORAGE STALLS ON A 4.60-ACRE PARCEL WITHIN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to findings in the staff report and traffic analysis review, has made the following determinations: 1. 4850 Storage FP LLC presented a petition for a Conditional Use Permit to allow for the construction and operation of a 104,771 square foot self-storage facility, consisting of a 54,555 square foot three-story self-storage building and office, four (4) single-story self-storage buildings totaling 50,216 square feet. The site will also include ten (10) RV and boat parking spaces, a dry stormwater detention area, and improved landscaping within the CG (Commercial General) Zoning District for the property located north of Midway Road and east of US Highway 1, in Fort Pierce, as legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. On September 15, 2022, the St. Lucie County Planning and Zoning Commission held a public hearing on the 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 five hundred (500) feet of the subject property, and recommended that the Board of County Commissioners approve request for a Conditional Use Permit. 3. On October 4, 2022, this Board held a public hearing on the 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 all interested persons were given an opportunity to be heard. 4. All reasonable steps have been taken to minimize any adverse effect of the proposed Conditional Use on the immediate vicinity through site design, landscaping screening. MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5160008 02/28/2023 02.12.06 PM Resolution No. 2022-176 OR BOOK 4955 PAGE 1311 -1318 Doc Type RESO RECORDING $69.50 CU-3202226349 Page 1 5. The proposed Conditional Use, with conditions therein, 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. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Planning and Development Services Director. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. 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 Baron-Midway & US-1 Storage Facility, as shown on the drawings for the project prepared by Engineering Design & Construction, Inc., dated June 1 , 2022, is hereby approved, for the subject property described in Paragraph B, subject to the following conditions: 1. The strip of land running north and south of the subject site (approximately fifteen (15) feet in width and +/- 585 feet in length) shall be maintained for landscape compliance, clear of vegetation overgrowth, and not be used as ingress and egress access. 2. Prior to associated building permit issuance, the ground and wall signs shall require review and approval by the Planning Division for compliance with the LDC Section 7.10.24.G Signs and Lighting Standards. 3. A Site Development Permit is required prior to performing site improvement activities. The Site Development Permit application can be found on the County's website under the Public Works Department link. In accordance with the permit and Land Development Regulations, the applicant shall retain the FOR for site inspections and final certification. 4. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide the required $487,400.00 fee-in-lieu of tree mitigation requirements as detailed within the approved tree mitigation plan. 5. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, a gopher tortoise survey conducted by a state certified gopher tortoise agent may be required per Florida Fish and Wildlife Conservation Commission (FWC) protocol prior to initiation of any clearing activities onsite. 6. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. Resolution No. 2022-176 C U-3202226349 Page 2 B. The property on which this Conditional Use Permit is being granted is described as follows: Legal Description: THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA LYING EAST OF SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) AND NORTH OF INDRIO ROAD. LESS AND EXCEPT ROAD RIGHTS-OF-WAY AS DESCRIBED IN THOSE CERTAIN DEEDS RECORDED IN OFFICAL RECORD BOOK 585, PAGES 1449 THROUGH 1451, AND OFFICAL RECORD BOOK 649, PAGES 027 AND 028, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. THE SW 1/4 OF LOT 19, OF WHITE CITY SUBDIVISION IN SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1 AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. EXCEPTING THEREFROM ALL RIGHTS OF WAY FOR PUBLIC ROADS. PARCEL 2: THE SOUTH 332.10 FEET OF THE EAST 1/2 OF LOT 19, OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ALSO, THAT PART OF LOT 25 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING 5 CHAINS EAST OF THE SW CORNER OF NE 1/4, OF SAID SECTION 3, RUN THENCE NORTH 10 CHAINS, THENCE EAST 15 FEET, THENCE SOUTH 10 CHAINS, THENCE WEST 15 FEET TO POINT OF BEGINNING, LYING AND BEING IN WHITE CITY, A SUBDIVISION, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1, AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. BOTH PARCELS ABOVE LESS THAT PORTION OF PROPERTY DESCRIBED AS PARCEL NO. 134 AND 832 IN STIPULATED ORDER OF TAKING DATED NOVEMBER 24, 2003 AND RECORDED JUNE 5, 2007 IN OFFICIAL RECORDS BOOK 2828 PAGE 1192, AND STIPULATED FINAL JUDGMENT DATED APRIL 19, 2007 AND RECORDED APRIL 20, 2007 IN OFFICIAL RECORDS BOOK 2802 PAGE 2584, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Location: Northeast of Midway Road & US-1 Highway 1. Parcel Identification No.: 3403-502-0031-000-3 C. The approvals and authorizations granted by this Resolution are for the purpose to construct and operate a self-storage facility within St. Lucie County, and are not Resolution No. 2022-176 CU-3202226349 Page 3 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 shall expire on October 4, 2023, unless a Building Permit is obtained, or Certificate of Zoning Compliance issued for the use described in Part B above, or an extension has been granted in accordance with Section 11.07.05 F., St. Lucie County Land Development Code. F. The petitioner is advised as part of this Conditional Use Permit approval, the petitioner shall obtain all applicable site plan approval, 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 B. Issuance of this permit by the County does not in any way create any rights on the part of the petitioner 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 petitioner 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. G. The conditions set forth in Paragraph A are an integral non severable part of the Conditional Use Permit approval granted by this Resolution. If any condition set forth in Paragraph A is determined to be invalid or unenforceable for any reason and the Petitioner declines to comply voluntarily with the condition, the Conditional Use Permit approval granted by this resolution becomes null and void. H. A copy of this Resolution shall be attached to the Conditional Use Permit Site Plan drawings depicted in Exhibit "B" and placed on file with the Planning and Development Services Department. This Order shall become effective upon the date indicated below. An appeal from 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. J. This Resolution shall be recorded in the Public Records. Resolution No. 2022-176 CU-3202226349 Page 4 After motion and second, the vote on this Resolution was as follows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice-Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Linda Bartz AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 4th day of October, 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY \J\ce CHAIR ATTEST: APPROVED AS TO FORM AN CORRECT ESS: BY DEPUTY CLER 'ef,C°M CO NTY A TORNEY OJT �Os * ifs _ C)4/1rr,FLOO.P. Resolution No. 2022-176 CU-3202226349 Page 5 Exhibit "A" (Location Map) Baron-Midway & US-1 Storage Facility CU-3202226349 Location 1 s Resolution No. 2022-176 CU-3202226349 Page 6 Exhibit "B" (Site Plan) . - • * --.- .'-7•!-t" . "4—"+-"---1-6.—.'—I." "-i"--.'—T'.— 4_3E._4. __4„...,,_=_,.:11,==.1.=. 1)=--: J=-.111 F',' ''1 t-•-•--",_=- - — .. ... . . I WOW.IIMIONOI4B Mali My --- •t t 1 1 IT; IV1 el M ' . •... - ....... 77-6- 11 ---—--—--—--— rell.-4-•.-Tj_.,11-.-F— " 1 : ;if 11007C.1 TV 1.32,11 I I, I 1,! • • ,, , • I I _, I! •mos w i 1 , 1 : ,i L_...,._. .. I II ! , • •1 •, 7 ...-: 1 1 11 .-1-'—'•—r- ! • .: I ' _ ,-.... : -.......7.-.:=: :a. . j ' vi " 44, 1 )! 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Resolution No. 2022-176 CU-3202226349 Page 7 1 Exhibit "C" (Certificate of Capacity) St Luck County Certificate of Capacity Dale ';'ir2-1 1_I Certificate No. 22 I S 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 <'ucditi ria I ;c nnit Number of units a Number of square feet I 1I 2.Property legal description& Tax ID no. 3403-502-003I-000-3 Northeast of Midway Road& L.S-1 I lighway 1 Baron-Alibi,ay &t'S-I Storage Fad lity 3.Approval: Building Resolution No. 2022-176 Letter 4.Subject to the following conditions for concurrency: Outlined in Resolution No.2022.176 Owner's name 48ii1 S ortge Fi'I:I Address 44 SW Hagler Avenue 301 SI..rtrt Ft :14994 6,Certificate Expiration Dale 11)/4.2(121 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 orderissuod with this certificate, or for subsequent developrn nLou15(spssuY .for the same property, use and size as described herein. cr Signcvl(� Doc- 2!152f11S Planning and Development Servlces Director St Lucie County, Florida Wednesday,Yebruary 10,2023 I'age I ur Resolution No. 2022-176 CU-3202226349 Page 8