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HomeMy WebLinkAbout23-145 - Able Adult Daycare Center RESOLUTION NO. 2023-145 File No.: CU-2211-000043 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A CONDITIONAL USE TO PERMIT AN ADULT DAYCARE CENTER FOR UP TO EIGHTY (80) ADULTS IN THE I (INSTITUTIONAL) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED 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 the staff report, has made the following determinations: 1. Able Adult Day Care Center (AKA Arbor Village Home)., presented a petition for a Conditional Use Permit to establish an adult daycare service (non-medical facility) for up to eighty (80) adults, within the I (Institutional) Zoning District for the property located at 3525 West Midway Road, Fort Pierce, as legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. On May 16, 1992, the Board of County Commissioners approved Resolution No. 92-088, granting a change in zoning from AR-1 (Agricultural, Residential - 1) to the I (Institutional) Zoning District. 3. On May 26, 1992, the Board of County Commissioners approved Resolution No. 92-089, granting a Conditional Use Permit for a family counseling center. 4. On November 7, 1995, the Board of County Commissioners approved Resolution No. 95- 223, granting a Conditional Use Permit for a family counseling center. Said Conditional Use permit was abandoned to permit a church. 5. On June 7, 2022, the Board of County Commissioners approved Resolution No. 2022- 105, granting a Conditional Use Permit for Lighthouse City Academy & Preschool Inc., to establish a child daycare service for a phased student capacity for up to fifty (50) children during Phase 1, with the capacity to expand up to seventy-four (74) children. Said Conditional Use Permit was abandoned. 6. On July 20, 2023, 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 the request for a Conditional Use Permit. 7. On September 5, 2023, the Board of County Commissioners 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 Resolution No. 2023-145 Page 1 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY File No. 2211 000043 FILE# 5252288 10/06/2023 12:54:55 PM OR BOOK 5054 PAGE 2656-2661 Doc Type:RESO RECORDING: $52.50 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. 8. The proposed Conditional Use Permit 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. 9. The proposed Conditional Use Permit will be serviced by adequate public facilities and services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for Able Adult Day Care Center(AKA Arbor Village Home)to allow adult daycare services in the I (Institutional) Zoning District is hereby approved for the property described below, subject to the following conditions: 1. Should any of the seven (7) oak trees perish within eighteen (18) months be advised tree mitigation requirements shall apply at the 4:1 ratio as outlined in LDC 6.00.05.D. Additionally, a landscape plan shall be submitted in compliance with LDC 7.09.00 to ERD for review and approval. 2. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. 3. The adult daycare shall not exceed a capacity of 80 adults with periodic monitoring of activities to ensure operations do not exceed the allowed capacity, unless a Conditional Use adjustment is approved to expand the capacity. 4. A Minor Adjustment to the Conditional Use is required for a change in business name and/or ownership before a Zoning Compliance Certificate is issued. B. The property on which this Conditional Use is being granted is described as follows: Legal Description: PARCEL 1 - PART OF LOT 101 LYING EAST OF DRAINAGE CANAL 103, LESS ROAD RIGHT-OF-WAY, WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PARCEL 2 - ALL OF LOT 106 LYING NORTH OF THE NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT CANAL NO. 103, WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING A TRIANGLE OF Resolution No. 2023-145 Page 2 File No. CU-2211-000043 LAND APPROXIMATELY 58.38 FEET X 34.7 FEET X 67.7 FEET. PARCEL ID: 3403-502-0193-000-6 ADDRESS: 3525 West Midway Road, Fort Pierce, FL 34981. C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County, and are not assigned to any other party or institution. Should the petitioners choose or decide to assign this business to another entity or individual, a minor adjustment to the Conditional Use Permit shall be required. D. Pursuant to Section 11.07.05(1) of the St. Lucie County Land Development Code, approvals and authorizations granted by this Resolution shall expire after twelve (12) months from the date of approval, unless a Building Permit or Certificate of Zoning Compliance is obtained for the uses described in Paragraph "A" above, or an extension has been granted in accordance with Section 11.07.05(F). E. 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. F. 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 reference to the date of adoption of this resolution. G. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair AYE Linda Bartz, Vice-Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Larry Leet AYE Commissioner Jamie Fowler ABSENT Resolution No. 2023-145 Page 3 File No. CU-2211-000043 PASSED AND DULY ADOPTED This 19th day of September, 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chair ATTEST: APPROVED AS TO FORM AND COR"ECTNESS• /I - _7/(4.2_ ,eii,tz-- 01 coikit ir , Deputy Clerk Cs - ss, County Atto - �c"VNTY FV". Resolution No. 2023-145 Page 4 File No. CU-2211-000043 Exhibit "A" (Location Map) Devine --Devine— — Subject ' m Parcel re i s —Favorite-i L n 1 a N Midway teeing Rd it Ala i \'•l 3 r "-Daniels o—Gray Twig Noble Oaks `-Rega'` ' 1 l Rainbow ---(c I River Branch ?s doer `ec o'09/ to CO ', e ' River Hammock 1 a _�. — Lucy _ >r Taff = Canoe Creek 1__....„)/ po11Y_ a Gregory Z i TaU bsy- •Grand Oak. G \ y .) —Relief— scepter,GC`es� / Ripon �a1:,µ `� ' y�W"- o—A�Theda� `_ o \I LYbia --- a x o i a. (\ / Sayers i 1 / f Resolution No. 2023-145 Page 5 File No. CU-2211-000043 Exhibit "B" (Certificate of Capacity) St Lucie County Certificate of Capacity Date 9/19/2023 Certificate No. 3250 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 Conditional[lac Number of units 0 Number of square feet 2. Property legaidescription& Tax ID no. 3403-502-0193-000-6 3525 West Midway Road,Fort Pierce,FL 3-l«ti I Able Adult Day Care Center 3.Approval: Building Resolution No. 2023-145 Letter 4.Subject to the following conditions for concurrency: Outlined in Resolution No.2023-145 Owner's name Saintil Properties and Development LLC Address 5977 NW Bay-hard[hive Port St Lucie FL 34986 6.Certificate Expiration Date 9/1912024 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 dovelopmQt t-order isaed-for he same property, use and size as described herein. Signed ;?G Date:9/19/2023 Planning and Development Services Director St Lucie County,Florida Toesdai,September Iv,2023 Purr I of I Resolution No. 2023-145 Page 6 File No. CU-2211-000043