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Home My WebLink About23-144 RESOLUTION 2023-144 File Numbers: CU-2306-000058 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FOR A CONDITIONAL USE PERMIT ALLOWING CHILD CARE SERVICES IN THE COMMERCIAL OFFICE (CO) ZONING DISTRICT, IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based upon acceptable evidence, including but not limited to the staff report, has made the following determinations: 1) Karina Garcia, on behalf of Children's University, LLC, submitted a petition for a Conditional Use Permit allowing childcare services for up to 120 students for the property depicted in the attached map as Exhibit "A" and described in Part "A" below. 2) On August 17, 2023, the Planning and Zoning Commission held a public hearing on this 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 time all interested persons were given an opportunity to be heard. After the hearing, the Commission passed a motion to recommend approval to the Board of County Commissioners. 3) On September 19, 2023, the Board of County Commissioners held a public hearing on this 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 time all interested persons were given an opportunity to be heard. 4) The St. Lucie County Development Review Committee has reviewed the Conditional Use Petition and found it to meet the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan. 5) The St. Lucie County Planning and Zoning Commission has reviewed the Conditional Use Petition and recommended approval to the Board of County Commissioners. 6) The Conditional Use Permit, with the conditions therein, is consistent with the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan and satisfies the Standards of Review of Section 11.07.03 of the St. Lucie County Land Development Code. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILES 525369410/11/2023085552 AM September 19, 2023 RE50 OR BOOK 5056 PAGE 1090-1095 Doc Type RECORDING: $5250 esolution No. 2023-144 Page 1 No(s): CU-2023-000058 7) The use will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. 8) The use is arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with the applicable district regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The property on which the Conditional Use Permit is being granted is described as follows: Legal Description: 5 36 40 E 1/2 OF NE 1/4 OF NW 1/4 OF SE 1/4-LESS MIDWAY RD AS IN OR 220-1947 AND 3369-703- (4.27 AC) (OR 2933-2461 3694-2676) Parcel ID Number: 3405-421-0001-000-2 Address: 2935 W MIDWAY RD (Master) B. The Conditional Use Permit granted by this Resolution shall become null and void unless a Building Permit or Certificate of Zoning Compliance is obtained within twelve (12) months of approval for the use, or an extension is granted in accordance with Section 11.07.05(F) of the St. Lucie County Land Development Code. C. The conditions set forth in Parts "G" are an integral non -severable part of the approval granted by this Resolution. If any condition set forth in Parts "G" is determined to be invalid or unenforceable for any reason and the applicant or property owner declines to comply voluntarily with that condition, the Conditional Use approval granted by this Resolution shall become null and void. D. The Certificate of Capacity, attached as Exhibit B, was authorized with this Conditional Use Permit for the proposed reuse and shall remain valid for the term of this resolution unless revoked by the Board of County Commissioners. E. A copy of this Resolution shall be mailed to the owner of record as identified on the application. F. This Resolution shall be recorded in the Public Records. G. The following conditions apply to the Conditional Use Permit: 1. Childcare service is permitted for up to 120 students, with hours limited to September 19, 2023 Resolution No. 2023-144 Page 2 File No(s): CU-2023-000058 weekdays, 7 a.m. to 6 p.m. 2. A Site Development Permit is required prior to performing site improvement activities. 3. Prior to Zoning Compliance stage, provide a minimum of six bicycle spaces. 4. Locate a dumpster where it will not block vehicle movement — utilizing up to two parking spaces with sufficient access for garbage trucks. 5. Within one year of Conditional Use Permit approval, provide a pedestrian connection between Midway Road sidewalk and buildings, which can utilize interior sidewalks adjacent to buildings and striping on pavement. H. ADOPTION After motion and second, the vote on this Resolution was as follows: Cathy Townsend, Chair AYE Linda Bartz, Vice -Chair AYE Chris Dzadovsky, Commissioner AYE Larry Leet, Commissioner AYE Jamie Fowler, Commissioner ABSENT PASSED AND DULY ADOPTED this 19th day of September, 2023. ATTEST: EP September 19, 2023 Page 3 1C CO4�' s z m cb CpGNTY F0)R�� BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIR APPROVED AS'TO FORM AND CORRECTNE S: BY. COUNTY AT-fOPAEY Resolution No. 2023-144 File No(s): CU-2023-000058 EXHIBIT "A" (LOCATION MAP) September 19, 2023 Resolution No. 2023-144 Page 4 File No(s): CU-2023-000058 EXHIBIT "B" (CAPACITY CERTIFICATE) St Lucie County Certificate of Capacity Date R 2'72023 Certificate No. 3251 This document certifies that concu rre ncy wi I I be met a nd that adeq uate public facility capacity exists to maintain the standards far levels of service as adopted in the St Lucie Countv Comprehensive Plan for 1. Tvpe of development Cen&ti,=al Use - RES OLLM0N 2Q23-14A Number of units N u m ber of square feet 2. Properly legs I description & Tax I D no. 3403-41—WI-QUO 2935 WMIDWAY RD Drar: do Office Park 3. Approval: Buildina Resolution No. Letter 4. Subject to the fal lowing conditions for concurrency: Up to 120, stints within two existing dE16ce baildinga (southern buildings) Owner's name CHEL BUS Ti , ESS PROPERTY LLC Address 6 lugiter Hills DR NewportBeaeh CA 9266,01 S. Certificate Expiration Date 9 19:'2024 This Cerfificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject io the same terms, conditions and expiration date li sted herein. The expiration date can be extended only under the same terms and conditions as the underlying develo ment orderissued with this certificate, or for subsequent develop nt or J su :the same property, use and size as described herein. Signed Date: 9',, 27,2023 Planning and Development Services Director St Lucie County, Florida September 19, 2023 Resolution No. 2023-144 Page 5 File No(s): CU-2023-000058 EXHIBIT 69cll (CONDITIONAL USE SITE PLAN) i9 0 cz cn c/) 0 (D INN ID CL CD Z: 2rl Zip'. -1, 49 0 cz MIDWAY ROAD -q y September 19, 2023 Resolution No. 2023-144 Page 6 File No(s): CU-2023-000058