Loading...
HomeMy WebLinkAbout24-012 PDS ORDER 2024-012 File No. CU-2310000062 AN ORDER GRANTING A MINOR ADJUSTMENT TO THE BARON ISLAND STORAGE CONDITIONAL USE PERMIT TO BE KNOWN AS JMS JENSEN BEACH LLC DBA SUPERIOR STORAGE FOR A PROPERTY LOCATED AT 9563 S. OCEAN DRIVE IN JENSEN BEACH, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for a Minor Adjustment to the Conditional Use Permit for a change in ownership and business name submitted by JMS Jensen Beach LLC, and the comments made by the St. Lucie County Development Review Committee on this application and has made the following determinations: 1. JMS Jensen Beach LLC, filed an application for a Minor Adjustment to the Conditional Use Permit for an name and ownership change to JMS Jensen Beach LLC (FKA Jeremiah, Baron & Co., Commercial Real Estate, LLC) and business name to be known as Superior Storage (FKA Baron Island Storage) The site is located at 9563 S. Ocean Drive, Jensen Beach, FL, within the CN (Commercial, Neighborhood) Zoning District, as legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. On November 21, 2019, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within five hundred (500) feet of the subject property, and voted to postpone review until their January 16, 2020, meeting. 3. On January 16, 2020, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing 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/Deny as requested Conditional Use Permit. 4. On June 2, 2020, the Board of County Commissioners approved Resolution 2020- 130, granting a Conditional Use Permit for an enclosed self-storage facility/office building consisting of 77 air-conditioned single-story units with associated parking, drainage, and utility infrastructure within the CN (Commercial Neighborhood) Zoning District. 5. The St. Lucie County Development Review Committee has reviewed the proposed Minor Adjustment to the Conditional Use Permit and found it to meet the technical requirements of the St. Lucie County Land Development Code, and consistent with the St. Lucie County Comprehensive Plan, and has satisfied the standards of Page 1 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT PDS No. 2024-012 SAINT LUCIE COUNTY File No.: CU 2310000062 FILE# 5319869 04/03/2024 10:26.14 AM OR BOOK 5129 PAGE 799-804 Doc Type ORD RECORDING: $52.50 review set forth in Sections 11.07.03 and 11.07.05 E.2.a. 6. Planning Staff has performed a detailed analysis of the project and determined it to be consistent with Sections 11.07.03 Standards for Review of Conditional Use Permits and 11.07.05 E.2. (Minor Adjustment Criteria) of the St. Lucie County Land Development Code. The analysis is found in the Staff Report for the Superior Storage Minor Adjustment to a Conditional Use Permit(CU-2310000062) and dated March 18, 2024. 7. The project 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. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 9. The project will remain arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 10.A Certificate of Capacity Exemption has been issued for this development, a copy of which is attached to this order in Exhibit "B", as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Sections 11.07.03 and 11.07.05 E.2.a. of the St. Lucie County Land Development Code, the proposed Minor Adjustment to acknowledge the name and ownership change to JMS Jensen Beach LLC (FKA Jeremiah, Baron & Co., Commercial Real Estate, LLC and business name to be known as Superior Storage (FKA Baron Island Storage) is hereby approved by the St. Lucie County Planning & Development Services Director, date stamped received by the Planning Division on October 4, 2023, for the property described in Part "B", subject to the following conditions: Planning & Development Services Department — Planning Division 1) Storage bays shall not be utilized for overnight occupancy. 2) Outdoor storage of equipment, vehicles, and/or boats shall not be permitted. 3) Business activity or contractor related business shall not be permitted within the facility bays. 4) Operations and use activities shall comply with the St. Lucie County Land Development Code Article V. Noise Control. Page 2 PDS No. 2024-012 File No.: CU-2310000062 5) Prior to a Certificate of Occupancy, the applicant shall file a Zoning Compliance Certificate application. 6) Any alternative use proposed for the facility in the future shall require a Conditional Use Adjustment. Environmental Resources Department 7) The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. The property on which this Minor Adjustment to Conditional Use Permit, as depicted in Exhibit "A" is being granted is described as follows: LEGAL DESCRIPTION: 02 37 41 BEG AT INT WLY R/W A1A AND S LI OF N 856 FT OF GOVT LOTS 1 AND 2 RUN N 89 DEG 39 MIN 32 SECW ALG SD S LI 382 FT, TH N 20 DEGO1 MIN 55 SEC E 312.53 FT, TH N 68 DEG 44 MIN 58 SEC E 149 FT TOWLY R/W A1A, TH S 21 DEG 15 MIN 02 SEC E ALG SD WLY R/W 375.42 FT TO POB (1.93 AC) (OR 3551-1839) PARCEL ID No.: 4505-212-0001-020-7 C. The approvals granted by this administrative order shall expire twelve (12) months from the effective date, unless a Zoning Compliance is obtained, or an extension is granted in accordance with the provisions of Section 11.07.05(F) of the St. Lucie County Land Development Code. D. The developer, including any successors in interest, is advised as part of this Minor Adjustment to a Conditional Use approval for a business name and ownership change, all applicable development permits and construction authorizations shall be obtained 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 Part "B". 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 Page 3 PDS No. 2024-012 File No.: CU-2310000062 the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal the approval described in Part "A" above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.04(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. F. A copy of this Order 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. H. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the i 1 day of ►' " d'I- 2024. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY1 IDA BY lij/(AA Benja I alcer, AP APPROVED AS TO FORM AND CORR TNESS: BY County Attorney Page 4 PDS No. 2024-012 File No.: CU-2310000062 EXHIBIT "A" (Location Map) J N _ V . Subject cy' Property 0 o Walton Rd • Nettles Island Port St Lucie Blvd St.Lucie County Martin County Page 5 PDS No. 2024-012 File No.: CU-2310000062 EXHIBIT "B" (Certificate of Capacity Exemption) St Lucie County Certificate of C apacity Exemption Date 3 1S/2024 Certificate No. 7131 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 PDS Order 2024-012-Minor stment to a Conditional Use Permit Number of units Number of square feet 20,29C 2. Property legal description& Tax ID no. 4502 212-0001-020 9.563 S Ocean Dr.IensenB each,FL CU 2310-000062 3.Aooroval: Buildino Resolution No. 2020-130 Letter 4.As part of the development: 5. On property owned by J.NIS Jens en B each LLC dba Superior Storaze 74 Halbach CT Fond du Lac \VI 54S3' is hereby wanted a Celt irate of Capacity Exemption according to the follavng Chapter(s)of the St.Lucie County Land Development Code: 0 5.03.02(A) 0 5.03.02(B)1 ❑ 5.03.02(B)2 ❑ 5.03.02(8)3 ❑ 5.03.02(B)4 ❑ 5.03.02(B)5 l] 5.03.02(B)6 0 5.03.04{A) 0 5.03.04(4)2 0 5.03.04(A)3 ❑ 5.03.0403)1 0 5.03.04(B)2 0 5.03.04(B)3 ❑ 5.03.04(B)4 6. Certificate Expiration Date 3 1S 202 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 dev nt orderissued with this certificate.or for subsequent develop o er(s)i or he same property. use and size as described herein. Signed D ate: 3 1S:024 PI ing and Development Services Director St Lucie County. Florida Page 6 PDS No. 2024-012 File No.: CU-2310000062