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Home My WebLink About24-108 RESOLUTION 2024-108 File Numbers: CU-2310-000064 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FOR A CONDITIONAL USE PERMIT ALLOWING A FOOD STORE UP TO 15,000 SQUARE FEET IN SIZE ON A PROPERTY LOCATED ON THE SOUTH SIDE OF MIDWAY ROAD, 400 FEET WEST OF SOUTH 25TH STREET WITHIN A PNRD, PLANNED NONRESIDENTIAL DEVELOPMENT, 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) Bradley Currie, AICP, on behalf of Property Rental of Fort Pierce, LLC, submitted a petition for a Conditional Use Permit allowing for the development of a food store up to 15,000 square feet in size, along with associated parking, stormwater retention area, and landscape buffers for the property depicted in the attached map as Exhibit "A" and legally described in Paragraph`B"below. 2) On March 21, 2024, 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 with Staff conditions to the Board of County Commissioners. 3) On May 7, 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 and voted to continue this item to a date certain. 4) On June 4, 2024, the Board of County Commissioners of St. Lucie County Florida continued the public hearing on this item and voted to continue the proposed Conditional Use Permit to the September 3, 2024, regularly scheduled Board meeting. 5) On September 3, 2024, the Board of County Commissioners of St. Lucie County Florida continued the public hearing on this item and voted to continue the proposed Conditional Use Permit to the October 1, 2024,regularly scheduled Board meeting. 6) On October 1, 2024, the Board of County Commissioners continued the public hearing on this item and voted to approve the item. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5402023 10/28/2024 04:28:32 PM OR BOOK 5225 PAGE 1912-1920 Doc Type:RESO RECORDING: $78.00 7) 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. 8) 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. 9) 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. 10) 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. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, the Conditional Use Permit for Property Rental of Fort Pierce, LLC,to develop a food store as depicted in the attached Conditional Use Plan, Exhibit B, prepared by Engineering Design & Construction dated December 28, 2023, and associated Building Elevations, Exhibit C, dated September 16, 2024, in the PNRD (Planned Nonresidential Development)Zoning District is hereby approved subject to the following conditions: 1. Allowable hours of operation shall be from 7:00 AM to 9:00 PM. 2. Delivery hours shall be limited to between 7:00 AM and 9:00 PM. 3. A six-foot-tall wall atop a two-foot berm, or an eight-foot-tall wall shall be provided along the southern property line, with a placement that preserves existing trees to the greatest extent practicable. 4. During the Final Site Plan process, the Applicant will seek opportunities to preserve protected trees through the minor adjustment of building footprints, pond, and parking area layout. 5. Staff strongly encourages the use of green building standards and believes that such a commitment provides additional support for the project. 6. Architectural elevations shall apply to all facades facing Midway Road and internal driveways and parking areas. Individual storefront facades shall be arranged differently on each building to avoid repetition. The building shall follow the Architectonic elevations, dated March 4, 2024, and included as Exhibit C-1 in the Resolution. Minor adjustments to the final elevations, where consistent with LDC 7.10.24, may be proposed with the Final Site Plan for consideration by the Planning & Development Services Director. Building and other exterior lighting shall be shielded to minimize glare on adjacent properties and right-of-way. Resolution No. 2024-108 Page 2 File No.: CU-2310-000064 7. Loading areas for the building is limited to what is shown on the site plan. Loading areas shall be visually screened from adjacent properties and right-of- way. 8. Maximum building height shall be 35 feet and one story. 9. Businesses and activities shall strictly adhere to the noise ordinance. 10. The Dumpster(s) location shall be determined at the time of final site plan review. Dumpster(s) shall be located at least 75 feet from the south property line unless supplemental screening landscaping is provided for a location no less than 40 feet from the south property line. Solid waste pickup shall be between the hours of 7 AM and 5 PM. 11. 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 applicant shall provide written correspondence from applicable agencies regarding surface waters and whether mitigation is required. 12. Prior to final site plan approval, the applicant shall provide a tree survey and tree mitigation plan in accordance with the Land Development Code. 13. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be eradicated from the site. 14. Prior to final site plan approval, the applicant shall provide a landscape plan in accordance with LDC 7.09.00. 15. 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 gopher tortoise survey conducted by a state certified gopher tortoise agent will be required per Florida Fish and Wildlife Conservation Commission(FWC)protocol. 16. 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 applicant shall provide written correspondence from applicable agencies regarding surface waters and whether mitigation is required. 17. The development will provide drainage improvements (i.e. swale regrading/restoration) and a 10-foot-wide easement for adjacent properties on the north side of Gray Twig Lane, while also preserving as many trees within this area/easement as reasonably possible. Native trees specifically impacted by the subject stormwater improvements provided herein shall not be subject to tree mitigation requirements by the development. Native trees preserved within the easement that are not impacted by stormwater improvements and swale maintenance may provide preservation credits if eligible under the Land Development Code. Resolution No. 2024-108 Page 3 File No.: CU-2310-000064 B. The subject property is described as follows: Legal Description: 5 36 40 BEG AT A PT 40 FT S AND 470.60 FT W OF NE COR OF SE 1/4 OF SD SEC 5, SD PT BEING ON S R/W OF MIDWAY RD, TH SLY 300 FT M/L TO N LI OF TWELVE OAKS ESTATES, TH WLY ALG SD N LI 848.04 FT TO W LI OF NE 1/4 OF SE 1/4, TH NLY ALG SD W LI OF NE 1/4 OF SE 1/4 299.06 FT TO S R/W OF MIDWAY RD, TH ELY SD S R/W 849.05 FT TO POB-LESS TO SLC FOR R/W AS IN OR 672-2325 (4.76 AC) (OR 2312-2316: 3577-310) Parcel ID Number: 3405-411-0001-000-1 C. 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, or an extension is granted in accordance with Section 11.07.05(F) of the St. Lucie County Land Development Code. D. The conditions set forth in Paragraph "A" are an integral non-severable part of the approval granted by this Resolution. If any condition set forth in Part "A" 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. E. The Certificate of Capacity for this Permit, signed by the Planning & Development Services Director on October 16, 2024, is attached as Exhibit E. The Certificate of Capacity shall remain valid for the term of this resolution unless revoked by the Board of County Commissioners. F. The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. G. A copy of this Resolution shall be mailed to the owner of record as identified on the application. A copy shall be attached to the Conditional Use Permit Site Plan drawings as described in Paragraph A and placed on file with the Planning and Development Services Department. H. This Resolution shall be recorded in the Public Records. Resolution No. 2024-108 Page 4 File No.: CU-2310-000064 I. ADOPTION After motion and second, the vote on this Resolution was as follows: Cathy Townsend, Chair ABSENT Chris Dzadovsky, Vice-Chair AYE Larry Leet, Commissioner AYE Linda Bartz, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED THIS I'day of October, 2024. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA �y GOMM/Ss10 BY: gyp N I tE CHA ATTEST: v APPROVED AS TO FORM AND * CORRECTNESS: IPA `GCSE COUN'ty`f�O� dj14 A I I BY: DEPUTY CLERK COUNTY ORNEY Resolution No. 2024-108 Page 5 File No.: CU-2310-000064 EXHIBIT A (LOCATION MAP) ................... ------ ------ ----------------- Subject Parcel T- TI-7 ----- - ----- ............ ------------ ........................... I-T-T I I �TT-Tl Resolution No. 2024-108 Page 6 File No.: CU-2310-000064 b90000-MZ-110 ON all- L a6ed 90l17ZOZ ON uoijnjosa�A __ I •pq�papiEal�lpxf�;ieEEEpfe ,aY{pcp eat eEap e! q;" - fiflf9p€`iii�•i�j�i1�{' e�g I i i,9't}y��11i�ii pak9i�;3� '" 6 pay?e aEp i v f i r";{'p+9 S f��S54+lI+Si� ifEp9 E. . �4i�;,.Epp fai� E�E paa{ ,S9f s iFjsl�k!ic:�91��Ii�IE: � j��s E9E . 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Type of development Number of units 0 Number of square feet 15,000 2. Property legal description & Tax ID no. 3405-411-0001-000-1 S. Side of Midway Rd.,400 feet west of S. 25 N/A N/A 3. Approval: Building N/A Resolution No. Letter 4. Subject to the following conditions for concurrency: See Resolution Owner's name Luis Rodriguez Address 3171 SDW Collings Dr. Port St.Lucie FL 34994 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 developme n er iss�elfor�the same property, use and size as described herein. Signed Date: 10/16/2024 Planning and Development Services Director St Lucie County, Florida Wednesday,October 16,2024 Page 1 of 2 Resolution No. 2024-108 Page 9 File No.: CU-2310-000064