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Home My WebLink About24-015 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT :SAINT LUCIE COUNTY FILE# 5325255 04/16/2024 07:52:21 AM OR BOOK 5135 PAGE 207-212 Doc Type:ORD RECORDING: $52.50 PDS ORDER 2024-015 File No.: MNSP-2306-000074 AN ORDER GRANTING APPROVAL OF A MINOR SITE PLAN TO BE KNOWN AS KELLY TRACTOR FOR PROPERTY LOCATED AT LOT 6, KINGS CROSSING PARK OF COMMERCE, FORT PIERCE, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted by Dennis Murphy, Principal Planner & Stefan Matthes, PE, on behalf of Kelly Tractor, Co., reviewed the comments of the St. Lucie County Development Review Committee on this application, and has made the following determinations: 1. On June 26, 2023, Dennis Murphy submitted a Minor Site Plan application on behalf of Kelly Tractor, Co. The Minor Site Plan, to be known as Kelly Tractor, includes a 25,200 sq. ft. heavy equipment dealership, with associated site improvements including paved parking spaces, landscaping, and onsite storm water management. The project site consists of 10.02 acres located within the IL (Industrial, Light) and AG-1 (Agricultural — 1) Zoning Districts. 2. The Kings Crossing Park of Commerce Plat, a 6-lot industrial subdivision, was recorded on February 12, 2009, with lots ranging in size from 3.33 acres to 11.08 acres. 3. The St. Lucie County Development Review Committee has reviewed the proposed Minor Site Plan and found it to meet the technical requirements of the St. Lucie County Land Development Code, Comprehensive Plan, and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review. 4. Planning staff performed a detailed analysis of the project and found it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis can be found in the Planning and Development Services Department memorandum titled Kelly Tractor— Minor Site Plan MNSP-2306-000074, dated February 12, 2024. 5. 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. 6. 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. 7. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Minor Page 1 PDS No. 2024-015 File No.: MNSP-2403-000106 Site Plan to be known as Kelly Tractor is hereby approved as shown on the site plan drawings prepared by Culpepper& Terpening, Inc., date stamped September 15, 2023, for the property more particularly described in Part "B" below, subject to the following conditions: Public Works— Engineering: 1) A 12-foot multi-use path is required along the frontage of King's Highway. The applicant is required to provide the multi-use path on the plans for construction or provide approval from the Board of County Commissioners of a fee-in-lieu of construction prior to issuance of a Site Development Permit. 2) A Site Development Permit is required prior to commencement of work on the site. Environmental Resources Department: 3) 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. 4) 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., an updated 100% gopher tortoise survey conducted by a state certified gopher tortoise agent is required per Florida Fish and Wildlife Conservation Commission (FWC) protocol. These surveys are only valid for 90 days. 5) 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., the $70,035.00 in outstanding tree mitigation from Kings Crossing Park of Commerce (GM-08-006, SPMj 05-006, recorded 11/19/2008, OR book 3034, pgs. 1482-1486) shall be paid to the county's tree mitigation fund. 6) Prior to issuance of a Certificate of Occupancy, the following shall be installed. a. The common area Parking and Other Vehicular Use Area Interior Landscaping shall be installed in accordance with the Kings Crossing Park of Commerce (GM- 08-006 SPMj 05-006 recorded 11/19/2008, OR book 3034, pgs. 1482-1486) Landscape Plan, revision date 09/20/2006. b. The upland buffer and littoral zone plantings shall be installed for the stormwater pond in the northwest corner of the Kings Crossing Park of Commerce (GM-08- 006 SPMj 05-006 recorded 11/19/2008, OR book 3034, pgs. 1482-1486) in accordance with LDC 6.02.03.F. and Comprehensive Plan Policy 6.1.2.5. 7) Prior to issuance of a Certificate of Occupancy, should there be any deviation to the common area Parking and Other Vehicular Use Area Interior Landscaping trees, and the upland buffer and littoral zone plantings for the Kings Crossing Park of Commerce Major Site Plan (GM-08-006, SPMj 05-006, recorded 11/19/2008, OR book 3034, pgs. 1482-1486), an updated Landscape Plan reflecting these changes shall be provided to ERD for review and approval. 8) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site. Page 2 PDS No. 2024-015 File No.: MNSP-2403-000106 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., an Environmental Resource Permit (ERP) shall be provided to confirm the limits and classification of the onsite Other Surface Water (OSW). Should the classification of the onsite OSWs change to wetland(s), a Wetland Waiver application shall be provided in accordance with Comprehensive Plan Policy 6.1.14.3. B. The property on which this Minor Site Plan approval is being granted is described as follows: LEGAL DESCRIPTION LOT 6, PER THE PLAT OF KING'S CROSSING PARK OF COMMERCE, AS RECORDED IN PLAT BOOK 60, PAGE 29, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. ADDRESS: Lot 6, Kings Crossing Park of Commerce, Fort Pierce, FL PARCEL ID: 2302-800-0012-000-6 C. The approval 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. D. The developer, including any successors in interest, is advised as part of this Minor Site Plan approval for Kelly Tractor, the developer shall obtain all applicable development permits and construction authorizations from the appropriate State, Federal, and local regulatory agencies including, but not limited to, the Federal Aviation Administration, Federal Communications Commission, Florida Department of Environmental Protection, 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 approval 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 or the County for issuance of this permit if the developer fails to obtain requisite approvals of fulfill the obligations imposed by a State or Federal agency or undertake actions that may result in a violation of State or Federal law. E. A copy of this Order shall be attached to the site plan drawings described in Part"A", which shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed to the developer and agent of record as identified on the site plan applications. F. The conditions 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 site plan approval granted by this order shall become null and void. G. The Site Plan, attached as Exhibit "A", shall be valid for the same period as this order. H. The Certificate of Capacity, attached as Exhibit "B", shall be valid for the same period as Page 3 PDS No. 2024-015 File No.: MNSP-2403-000106 this Order. If this Order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. I. 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 filled 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. J. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the (Q P day of A(211I , 2024. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Benjami cer //-4(. 1 Planning & Development Services Director APPROVED AS TO FORM AND COR ECTNESS County Attorney Page 4 PDS No. 2024-015 File No.: MNSP-2403-000106 in Co 0 o ,— ' 0 N CD N CO LEGAL DESCRIPTION: .--,/.. r— 94L. _ , 0 0 -' O �7 cs. / lf4-e6 i• y i ,^ !l a?lT o_ zz% 3 t\ ' c / t--. \ FUTURE DEVELOPMENT ' �.,� ..- ,-. \ WANT l �'•; I Z �l , I I/ 1� I •I- iii� �OCAT[ON MAP ' \— � a _/ / ti rIMMO Wig D..Tuu CO's C 4"" ..... / / \ _ 1 F3t,t•' I _' }'j k.:.' �� .� .rer..s......�.�.-...+.. —_ r V. .. la,tains Itt....tre-t--. p: --....; slt.-."1t.( �C:: r� setae E ; e__... r....1,�'1�� i+- . • .Ge..e :-'r�:.m-..�_... L- ....:' a" fir':.: I\\.- 'ice 3 .�.:` .:"..�. ti 11 .._�_OM.. ".t .�. a Oa' e.... . .. _ s� rrr. Pw u.s, -. owrrra ----------------- ------ ----- -- — -^ • CULPEEVISIONS— I -'4.' .n..:..I =PINT EG I• `T *L...D.-sn I�. xEi.I.Y TRACTOR LOT 6 � `�IEt�BlIN61NC ;" +wiwwei'.r.am...�'.e`;"«. :7TE PL..V l-zae LC) a) co 0 Exhibit B Certificate of Capacity St Lucie County Certificate of Capacity Date 3/21/2024 Certificate No. 3284 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 Minor Site Plan Number of units 0 Number of square feet 25,200 2.Property legal description& Tax ID no. 2302-800-0012-000-6 Lot 6,Kings Crossing Parr of Commerce Kelly Tractor Kings Crossing Park of Commerce 3.Approval: Building Resolution No. 2024-015 Letter 4.Subject to the following conditions for concurrency: See PDS Order No.2024-015 Owner's name Kelly Tractor,Co. Address PO Box 520775 Miami FL 33152 6.Certificate Expiration Date 3/21/2026 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 develo•ment orderissued with this certificate,or for subsequent developm= or• :-or the same property, use and size as described herein. Signed i Date:3;211.024 p. Planning and Development Services Director St Lucie County.Florida Thursday,March 21,2021 Page 1 of 1 Page 6 PDS No. 2024-015 File No.: MNSP-2403-000106