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Home My WebLink About24-167 Resolution 2024-167 File No. PD-2404-000040 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FROM THE AGRICULTURAL-5 (AG-5) ZONING DISTRICT TO THE PLANNED NON- RESIDENTIAL DEVELOPMENT (PNRD) ZONING DISTRICT AND APPROVING A PRELIMINARY DEVELOPMENT PLAN, MAINTAINING AN EXISTING CONDITIONAL USE PERMIT ON +/-19.34 ACRES LOCATED WITHIN 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 findings in the staff report, has made the following determinations: ZONING ATLAS AMENDMENT & PRELIMINARY PNRD SITE PLAN 1. DLF Packing, LLC, petitioned a Zoning Atlas Amendment (Rezoning) and associated Preliminary Planned Development Plan generally aligning with their active Conditional Use Permit and Site Plan for their citrus packing facility, formerly known as Sun Brite Citrus, which was recently authorized to expand the existing 51,000 sq. ft. facility by over 33,000 sq. ft. to accommodate new freezers, relocation of the loading docks, and expansion of the paved support areas. The proposed rezoning, from the AG-5 (Agricultural-5) Zoning District to the Planned Non-Residential Development (PNRD) Zoning District, includes relief from the current 10% Lot(Building) Coverage Limit imposed by the AG-5 District for future expansion, on property legally described in Part "A" and depicted on the attached map as Exhibit"A". 2. On July 28, 1992, the Board approved Resolution 92-103, granting a Conditional Use Permit for Sun Brite Citrus to develop a 45,100 sq. ft. warehouse and 3,750 sq. ft. office for a Citrus Packing operation, after holding a public hearing on the petition, after publishing a notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. 3. On June 16, 1994, the Community Development Director granted approved a Minor Adjustment to the Major Site Plan to relocate the handicapped parking spaces and to amend the dimensions of the cannery. 4. On July 5, 2022, the Board of County Commissioners approved a Transportation Impact Study Waiver for the DLP (AKA DLF) Citrus Site Plan & Conditional Use Adjustments pursuant to St. Lucie County Land Development Code (LDC) Section 11.02.09(A)(4)(a). 5. On August 16, 2022, the Board of County Commissioners approved a Major Adjustment to the Conditional Use Permit, via Resolution 2022-144, to authorize a 33,245 sq. ft. expansion to the 51,000 sq. ft. citrus packing facility to accommodate new freezers, relocation of the loading docks, and expansion of the internal support areas. 6. On June 19, 2023, the Planning & Development Services Director authorized a Major Adjustment to a Site Plan via PDS Order 2023-037, to expand an existing 51,000 sq. ft. citrus packing facility by up to 33,245 sq. ft., formerly known as Sun Brite Citrus, to accommodate new freezers, relocation of the loading docks, and expansion of the internal File No. PD-2404-000040 Resolution No. 2024-167 Page 1 MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5386628 09/16/2024 01:18:30 PM OR BOOK 5207 PAGE 1143-1147 Doc Type:RESO RECORDING: $44.00 support areas for their facility — aligning with the approved Conditional Use Permit (Adjustment). 7. On July 18, 2024, the St. Lucie County 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 subject 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 and voted to forward a recommendation of approval to the Board of County Commissioners for the property described in Part "A". 8. On September 3, 2024, 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. 9. The Development Review Committee has reviewed the proposed PNRD rezoning and preliminary site plan and found it to meet applicable technical requirements and is consistent with the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part"B" of this Resolution. 10. The PNRD Rezoning and the associated Preliminary Plan, with the conditions therein, is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 11. The project, with conditions therein, will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utilities, or other matters affecting the public health, safety, and general welfare. 12. The proposed project will be serviced by adequate public facilities and services. 13. The Certificate of Capacity as required under Chapter V, St. Lucie County Land Development Code, shall be maintained or require modification with any associated Site Plan Adjustment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The property on which the Zoning Atlas Amendment, or change in zoning, from AG-5 (Agricultural-5) to PNRD (Planned Non-Residential District), is being granted is described as follows: Legal Description: The West 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 12, Township 35 South, Range 38 East, St. Lucie County, Florida, less and excepting 25 foot right of way for Graves Road as recorded in Deed Book 77, Page 27B, also less and except the East 10 feet of the West 35 feet of the West 1/2 of the Southeast 1/4 of the Northwest 1/4 as recorded in O. R. Book 869, Page 8, of the Public Records of St. Lucie County, Florida. Parcel ID#: 2213-242-0001-000-8 B. Pursuant to St. Lucie County Land Development Code(LDC)Sections 11.02.05, 11.06.03, and 11.02.07, 11.07.05(2)(b)(1), the proposed Zoning Atlas Amendment (Rezoning) & File No. PD-2404-000040 Resolution No. 2024-167 Page 2 associated Preliminary Planned Development Plan aligning with the active Conditional Use Permit and Site Plan, approved by Resolution 92-103 and subsequently amended by Resolution 2022-144, for the property described in Part "A" is hereby approved as generally shown on the drawings for the project prepared by MBV Engineering dated January 1, 2023, subject to the following conditions: 1. The PNRD shall not exceed a maximum 20% Lot Coverage. 2. 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. 3. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be eradicated from the site. C. The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from AG-5 (Agricultural-5) to PNRD (Planned Non-Residential District) and to make notation of the reference to the date of adoption of this Resolution. D. The approvals and authorizations granted by this Resolution are for the purpose of operating and providing potential for future expansion of an existing citrus packing and distribution facility which holds an active Conditional Use Permit within St. Lucie County and are not assigned to any other party or institution. Should the petitioners choose or decide to assign this operation to another entity or individual, a minor adjustment to the associated Conditional Use Permit shall be required in accordance with the provisions of the Land Development Code. E. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Site Plan Adjustment, Building Permit and/or Zoning Compliance from St. Lucie County, and are not assigned to any other party or institution, unless an associated Conditional Use Adjustment is authorized. F. The Preliminary Planned Non-Residential Development Site Plan approval granted by this Resolution shall be valid until September 3, 2026 unless the existing Final (Minor) Site Plan is fulfilled or an adjustment thereof is authorized, or an extension is granted in accordance with Section 11.02.06(B)(3) of the Land Development Code. G. The developer is advised as part of this approval, including any successors in interest, the developer shall obtain all applicable development permits and construction authorizations 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 "A". 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 the obligations imposed by a state or federal agency or undertake actions that may result in a violation of State or Federal law. File No. PD-2404-000040 Resolution No. 2024-167 Page 3 H. The conditions set forth in Part "B" are an integral non-severable part of the approval granted by this Resolution. If any condition set forth in Part"B" is determined to be invalid or unenforceable for any reason and the applicant or property owner declines to comply voluntarily with that condition, the approval granted by this Resolution shall become null and void. I. This Resolution shall become effective upon the date indicated below. An appeal of the Board of County Commissioners' action may be processed within thirty (30) days in accordance with Section 11.11.02.F, of the St. Lucie County Land Development Code. J. A copy of this Resolution shall be mailed to the owner of record as identified on the application. K. This Resolution shall be recorded in the Public Records of St. Lucie County. L. Adoption After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice-chair AYE Larry Leet, Commissioner AYE Linda Bartz, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED this 3rd day of September, 2024. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA GpMMlgs/O ,? y BY ATTEST: t, "x °e APPROVED AS TO FORM couNr� AND CO RECTNES : \ l,J DEPUTY CLERK COUNTY ATTOR File No. PD-2404-000040 Resolution No. 2024-167 Page 4 Exhibit "A" (Location Map) i . h.Tn 1 N n 1 ) :t c i 3I 1 Subject ,lz property Orange Avenue I , ' e t ca y CD 2 W.4 w,w..,Ad wti4 ift, it s a'4 4 i File No. PD-2404-000040 Resolution No. 2024-167 Page 5