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Home My WebLink AboutPDS-23-037 - DLF Citrus FKA Sun Brite CitrusPDS Order 2023-037 File No. SPMj-4202126010 AN ORDER GRANTING A MAJOR ADJUSTMENT TO A MINOR SITE PLAN FOR DLF CITRUS (FKA SUN BRITE CITRUS) TO EXPAND THE CITRUS PROCESSING AND PACKING FACILITY WITHIN THE AG-5 (AGRICULTURAL - 5) ZONING DISTRICT LOCATED AT 150 GRAVES ROAD IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, St. Lucie County Planning and Development Services Director, has reviewed the application for a Major Adjustment to a Minor Site Plan, filed by MBV Engineering on behalf of DLF Citrus, evaluated the comments of the St. Lucie County Development Review Committee on this application and has made the following determinations: DLF Packing, LLC, presented a petition for a Major Adjustment to a Site Plan to expand an existing 51,000 sq. ft. citrus packing facility by up to 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 Part "B" and depicted on the attached map as Exhibit "A". 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. On August 16, 2022, the Board of County Commissioners approved Resolution 2022-144 granting a Major Adjustment to the existing Conditional Use Permit to expand an existing 51,000 sq. ft. citrus packing facility by no more than 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. 6. The Development Review Committee has reviewed the proposed Major Adjustment and found it to be consistent with the associated Conditional Use Permit. 7. St. Lucie County Planning and Development Services staff has performed the required land use analysis for this application. 8. The project, with conditions herein, 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. 9. The proposed project will be serviced by adequate public facilities and services. MICHELLE R. MILLER, File No.: SPMj-4202126010 SAINT LUCIE COUNTY CLERK OF THE CIRCUIT COURT ler No. 2023-037 Page 1 FILE # 5210873 06/28/2023 12-18:53 PM OR BOOK 5010 PAGE 120 - 126 Doc Type: ORD RECORDING: $61.00 10. The Certificate of Capacity as required under Chapter V, St. Lucie County Land Development Code, is authorized as contained herein as Exhibit "C". NOW, THEREFORE, BE IT ORDERED by the Planning & Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Final (Minor) Site Plan to be known as DLF Citrus (FKA Sun Brite Citrus), for the property described in Paragraph C is hereby adjusted as generally shown on the drawings for the project prepared by MBV Engineering dated May 5, 2023, subject to the following conditions: 1. Prior to issuance of a Certificate of Occupancy, the as -built survey shall demonstrate the building lot coverage does not exceed the maximum 10% as permitted in the AG- 5 Zoning District (Table 7-10). 2. All project access points to Graves Road shall connect to a paved section of Graves Road, designed to County Public Works Specifications. 3. 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 a future Site Plan Adjustment. 4. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site. 5. 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. 6. Within 90 days of approval, the Professional Surveyor and Mapper shall file the new certified section corner records. It is required by Chapter 177, Part III Restoration of Corners (ss.177.501-177.510). Please file a new certified section corner record for each section corner used for this survey. Florida Chapter 177, Part II. All corners fall in canals shall be set on offset and witness corners shall be set and new certified corner records shall be filed. 7. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 8. Prior to issuance of a Vegetation Removal Permit or Exemption per LDC 6.00.03, a revised tree survey and mitigation plan, respectively, shall be submitted and approved by ERD staff per LDC 11.02.09.A.2.i & 6.00.05.D. File No.: SPMj-4202126010 PDS Order No. 2023-037 Page 2 9. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a gopher tortoise survey shall be updated as required per state and/or federal survey protocol. J to mmencement of vel pment, ip�u g, but not lim d clearing, 9Iling, ation, gra ing, r pla ing of eget ion, as d fined in C 2.00. , a Ve tation oval r it or xe ption sh a issued b Environmen ources Deoartmen er LDC 6. .03. 11VPrior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site. B. The property on which this Minor Site Plan (Major Adjustment) is being granted is described as follows: Legal Description: The West 1 /2 of the Southeast 114 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 A. 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. If the associated Conditional Use Permit expires, the Minor Site Plan shall become invalid unless the property use is otherwise compliant with applicable Land Development Code. B. The developer, including any successors in interest, is advised as part of this Minor Plan approval that 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, the St. Lucie County Fire 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. C. A copy of this Order shall be attached to the site plan drawings included in Exhibit "B", 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. File No.: SPMj-4202126010 PDS Order No. 2023-037 Page 3 D. The conditions of approval 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 in Part "A" is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the final site plan granted by this Order shall become null and void. E. The Minor Site Plan (Adjusted), attached as Exhibit "B", shall be valid for the same period as this Order. F. The Certificate of Capacity, attached as Exhibit "C", shall be valid for the same period as this Order. If this Order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. G. 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 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. H. This Order shall be recorded in the Public Records of St. Lucie County. r yy�� " ORDER effective the q ' _day of J 0"(— 2023. ATTEST: PLANNING & DEVELOPMENT SERVICES DIRECTOR, ST. LUCIE COUNTY, FLORIDA 4 BY f7 Bbnj in Balce , AICP APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY A File No.: SPMj-4202126010 PDS Order No. 2023-037 Page 4 N A Orange Avenue File No.: SPMj-4202126010 Page 5 Exhibit "A" (Location Map) Subject j property A n4— ni CU r � O CU � 4 � r �t CU rl w r ,jJ z f" PDS Order No. 2023-037 1 Exhibit "B" (Site Plan) r N MR =I rATfi RAN File No.: SPMj-4202126010 PIDS Order No. 2023037 Page 6 Exhibit "C" (Certificate of Capacity) St Lucie County Certificate of Capacity Date 6;192023 Certificate Na 3.134 This document certifies that concurraency will be met andthat adequate public facility capacity exists to maintain the standards for levels of serviceas adopted in the St Lucie County Cormrehensive Plan for. I. Tvae of develooment 1DS tkdef !0I3-Q37 N umber of units 0 N umber of square feel 84;245 2 Property lenal description & Tax ID no. -12 142-0001 150 N Gr"a Rand Fart Rerce� FL 34945 ff-P(AK4,DIF)CitiusExpansian"IMajorAdjustmenttaalfinnrSite F1an I Awroval. Buildins Biailding Resolution No. 201-1-144 Letter 5U25 4 Subiect ID the following conditions for concurrency, Owner's name DLF Ong LLC Address 150 N Graves RD Fast Reme FL 34945 8, Certificate E xoiration Date &19. <05 This Certificate of Capacity is transferable only fo 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 underthe same terms and conditions as the underlying deve naent de issued with this certiticat orfor subsequent deveinprra or iss forthe same property, use and size as described herein. Sg� � Data Cr'19;30'3 Planning and Development Services Director St Lucie County. Florida 3Smmdur,J1= 19,2023 File No.: SPMj-4202126010 PDS Order No. 2023-037 Page 7