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HomeMy WebLinkAbout24-040 PDS 2024-040 File No. MNSP-2306-000071 AN ORDER GRANTING APPROVAL OF A MINOR ADJUSTMENT TO THE MINOR SITE PLAN KNOWN AS ARCOSA PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) FOR A PROPERTY LOCATED WITHIN THE CASSENS MIXED USE ACTIVITY AREA IN FORT PIERCE, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for an Adjustment to the Final (Minor) Site Plan submitted by Engineering Design & Construction, Inc., on behalf of Meyer Utility Structures LLC (Arcosa), evaluated the comments of the St. Lucie County Development Review Committee on this application and has made the following determinations: 1. Engineering Design & Construction, Inc., on behalf of Arcosa, Inc., submitted a Minor Adjustment to the Minor Site Plan known as the Arcosa PNRD, which with the associated Conditional Use Permit allows development and operation of a concrete manufacturing facility within the Arcosa Planned Non-Residential Development (PNRD). The site plan adjustment affirms modifications to support the operation's approved pole testing, storage silo relocation approximately 180 feet to the west, and manufacturing building floor area reduction as depicted in Exhibit "A", for property described in Part "B" below. 2. On December 7, 2021, the Board of County Commissioners granted a Rezoning from AR-1 (Agricultural, Residential-1) to the PNRD (Planned Non-Residential Development) Zoning District & Preliminary Planned Non-Residential Development (PNRD) Site Plan approval for a 77,750 square foot concrete manufacturing facility, 4,000 square foot office & associated site improvements, and a concurrent Conditional Use Petition to allow concrete manufacturing for the project known as Arcosa PNRD. 3. On January 7, 2021, Engineering Design & Construction, Inc., submitted on behalf of Meyer Utility Structures LLC, a Final (Minor) Site Plan application for the Arcosa Planned Non-Residential Development (PNRD) for an 85,342 square foot manufacturing facility, 3,400 square foot office, aggregate storage containers, sixty (60) foot tall silo, outdoor finished product lay-down yard, right-of-way improvements to Favorite Road, with associated on-site vehicular, stormwater, and landscaping improvements. The building scope expanded beyond what the Board of County Commissioners initially granted through the Preliminary PNRD Site Plan and Conditional Use permit approvals, thus requiring an adjustment to the Conditional Use permit. 4. On February 14, 2022, Engineering Design & Construction, Inc., submitted a Minor Adjustment to the Conditional Use on behalf of Meyer Utility Structures LLC, to construct an 85,342 square foot manufacturing facility, 3,400 square foot office, aggregate storage containers, sixty (60) foot tall silo, outdoor finished product lay-down yard, right-of-way improvements to Favorite Road, with associated on-site vehicular, stormwater, and landscaping improvements, within the PNRD (Planned Non-Residential Development) Zoning District. NICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT TAINT LUCIE COUNTY FILE# 5383996 09/09/2024 11:48:26 AM Page 1 DR BOOK 5204 PAGE 1054-1060 Doc Type:ORD PDS No. 2024-040 RECORDING: $61.00 File No.: MNSP-2306-000071 5. On June 13, 2022, the Planning & Development Services Director approved a Minor Adjustment to the Conditional Use to construct a 85,342 square foot manufacturing facility inclusive of a 996 square foot second story mezzanine, 3,444 square foot office exclusive of a 144 square foot covered entry, aggregate storage containers, sixty (60) foot tall silo, 389,988 square foot outdoor finished product lay-down yard, right-of-way improvements to Favorite Road, with associated on-site vehicular, stormwater, and landscaping improvements, within the PNRD (Planned Non-Residential Development) Zoning District. 6. On June 13, 2022, the Planning & Development Services Director granted Final (Minor) Site Plan approval for an 85,342 square foot manufacturing facility inclusive of a 996 square foot second story mezzanine, 3,444 square foot office exclusive of a 144 square foot covered entry, aggregate storage containers, sixty (60)foot tall silo, 389,988 square foot outdoor finished product lay-down yard, right-of-way improvements to Favorite Road, with associated on-site vehicular, stormwater, and landscaping improvements, within the PNRD (Planned Non-Residential Development) Zoning District. 7. On August 15, 2023, the Board of County Commissioners approved Resolution 2023- 134, authorizing a Major Adjustment to the Arcosa Conditional Use Permit, after holding duly noticed public hearing, that allows pole testing, relocate the approved silo location approximately 180 feet to the west, and reduce the manufacturing building floor area. 8. The subject Minor Site Plan Adjustment is proposed to memorialize the approved silo relocation approximately 180 feet to the west, and the manufacturing building floor area reduction authorized by Resolution 2023-134. 9. The St. Lucie County Development Review Committee has reviewed the Minor Site Plan Adjustment and found it to meet the technical requirements of the St. Lucie County Land Development Code (LDC), Comprehensive Plan, and has satisfied the standards of review set forth in LDC Section 11.02.07 - Standards for Site Plan Review and Section 7.02.03 - PNRD Standards & Requirements, subject to the conditions set forth in Part "A" of this Order. 10. Planning staff has 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 memorandum titled Arcosa PNRD Minor Site Plan Adjustment (MNSP-2306-000071), dated May 14, 2024. 11. The proposed project, as adjusted, 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. 12. 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. 13. 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. Page 2 PDS No. 2024-040 File No.: MNSP-2306-000071 NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Adjusted Minor Site Plan known as the Arcosa PNRD is hereby approved as shown on the site plan drawings, attached as Exhibit "A", for the project prepared by Engineering Design & Construction, Inc., dated July 11, 2023, and date stamped received by the St. Lucie County Planning and Development Services Division on July 14, 2023, subject to the following conditions, as presented in Resolution 2023-134: 1. The facility shall always comply with the St. Lucie County noise ordinance, pursuant to Section 28-110 — Sound Level Limitations. 2. All operations, except the pole testing activities, shall be limited between the hours of 7:00 a.m. and 7:00 p.m. (Modified) 3. Pole testing shall be limited to weekday hours of 8 AM to 5 PM, with setup allowed after 7 AM. (New) 4. In accordance with Section 7.09.04(E) of the Land Development Code the required perimeter buffer area shall include a masonry eight (8) foot wall that forms a continuous screen between the uses constructed of concrete and brick materials. The masonry wall shall be landscaped with a continuous hedge along both the inside and outside base of the wall and a tree planted every 30 linear feet with at least sixty (60%) percent of the required trees to be located on the outside of the wall. The wall shall be treated with an anti-graffiti surface treatment and the owner shall be responsible for the maintenance of all landscaping along both the inside and outside edge of the wall. 5. The development shall be equipped with appropriate dust abatement protocols, including a sprinkler system to assist in reducing the spread of dust particles on adjacent properties. 6- All on-site crane and forklift equipment shall be equipped with a White Noise Back-Up Alarm, approved by the Occupational Safety & Health Administration (OSHA), pursuant to Title 29 CFR 1926.601(b)(4) and 1926.602(a)(9)(ii). 7. Prior to Final (Minor) Site Plan approval, the applicant shall provide an acceptable bound turn movements onto Post Office Road from the subject site. (Completed) 8. Prior to the issuance of a Vegetation Removal Permit or Exemption. whichever 0 tortoise agent per Florida Fish and Wildlife Conservation Commission (FWC} protocol shall be required. (Completed) 9. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. B. The properties on which this Adjusted Minor Site Plan is being granted are described as follows: Page 3 PDS No. 2024-040 File No.: MNSP-2306-000071 LEGAL DESCRIPTION: LOTS 4 AND 5 IN THE NE %, LESS THE NORTH 300 FEET OF THE SOUTH 325 FEET OF THE EAST 157 FEET OF LOT 4, MODEL LAND COMPANY SUBDIVISION, SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT 4, PAGE 34, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND THE NORTH 300 FEET OF THE SOUTH 325 FEET OF THE EAST 157 FEET OF LOT 4 IN THE NE ' , MODEL LAND COMPANY SUBDIVISION, SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT 4, PAGE 34, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND LOT 6 AND 7 IN NE % OF MODEL LAND COMPANY SUBDIVISION, SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, BEING THE SAME PROPERTY DESCRIBED AS: THE WEST % OF THE EAST '/2 OF THE NW' OF THE NE ' ; AND THE EAST % OF THE WEST '/2 OF THE NW '/4 OF THE NE '/4; ALL IN SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. ALL CONTAINING 38.05 ACRES MORE OR LESS Parcel ID Numbers: 3406-501-0011-000-3 C. The approvals granted by this Administrative Order shall be valid for the term or duration of Resolution 2023-134, unless 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 Adjusted Site Plan approval for Arcosa PNRD, 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, 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. E. A copy of this Order shall be attached to the site plan drawings included in Exhibit "A", which plan 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. F. The conditions of approval set forth in Part "A" are an integral non-severable part of the Page 4 PDS No. 2024-040 File No.: MNSP-2306-000071 site plan approval granted by this Order. If any condition set forth is 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. G. The Adjusted Minor Site Plan, attached as Exhibit"A", shall be valid for the same period as this Order. H. The Certificate of Capacity, issued in 2022 and attached as Exhibit "B", shall remain valid for the same period as this Order. If this Order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. 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 day of __ 2024. PLANNING & DEVELOPMENT SERVICES DIRECTOR, ST. LUCIE COUNTY, FLORIDA _ BY Benj in Balcer, A7 CP APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney Page 5 PDS No. 2024-040 File No.: MNSP-2306-000071 EXHIBIT "A" I I I I , 13l '44 y I t 1 i - 1 ' I' I 1 I u I I 1111H111 1 i 1i1,1 f 'i/l.t f pi. l + _+ i j II i' i 4 I I I 11 i' t11 I; Ir 1 i 'ill f II III F •..i + : s Ill , , lr :I1:11 It{t III it ii 'ilt t' �i _r _1 --• •_ 1: 1 1 1 fi ii! III -1 —1'= .MITM1l',Ir1,SIL hl. .�. I ! 1 1 1f i! ;+I 1 ;; r(1 71 f i+ 1 r i I��y = 11� � 'y ill 1. C + Nit I 1 1 it r 1 —_ "�� ill. `� 'if 11i ,l i; ' :I ' lit I i} :h' 1 , + 1 H ' . r-tr �! 1 I I I f�i li +! •I • II IA, .1 1$ Li l. Ai.i : + �� _ -: ' I' `'`l I !I — — Iir __ • 1. - Iit =1 I ti 'i 1 it' i • ;• 1Ii 1{ r l �` 1 _ _--r MIMI!b'O l•L.!' S.m.!7•1..1.• • i r t� I I I`�� i t.�� ��li ,.E - tit 1 i; 11 11 I I''1 I I--- -I 11 I f'=""1 i""""1 �,,,,, io �fi I 1 'II ❑:::❑❑ Do aE 4% . 1 I 1 1 , i .—.. II 1111I -R*r ! 1". illApt;_•sA �A.!^i'c�YA� _— , . 11 -1fJ flip MINOR ADJUSTMENT TO �— ,, l 1- ._ 'i �1 . .....MNOA¢T[0.AN MAMMA — _ ;I 1 i�! LAE Page 6 PDS No. 2024-040 File No.: MNSP-2306-000071 EXHIBIT "B" tit Lucie Count' Certificate of Capacity Date 6!I i.'_?:i__ Certificate No. 3190 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 Final Minor Site Plan Number of units ii Number of square feet 88786 2. Property legal description & Tax ID no. 3406.501-0012-000-0 & 3406-501-0011-000-3 TBD- Favorite Road Arcosa PNRD Cassens Mixed-Use Activity Area 3. Approval: Building Resolution No. 2022-019 Letter 6-13-222 4. Subject to the following conditions for concurrency: Conditions outlined within l'DS Order 2022-019 Owner's name Myer Utility Structures, LLC Address 500 N Akard Street,Suite 400 Dallas Tr: 75201 6. Certificate Expiration Date 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 development order(s) issued for;the same property, use and size as described herein. Signed f2; L./( iDate: 6113/2022 Planning and Development Services Director St Lucie County, Florida Page 7 PDS No. 2024-040 File No.: MNSP-2306-000071