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HomeMy WebLinkAbout25-009 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5439984 02/06/2025 04:27:36 PM DR BOOK 5267 PAGE 774-780 Doc Type:ORD RECORDING: $61.00 PDS ORDER 2025-09 File Number: MNSP-2404-000111 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN KNOWN AS THE NORTH ST. LUCIE COUNTY (AKA TAYLOR DAIRY ROAD) WATER TREATMENT FACILITY ON APPROXIMATELY 38 ACRES LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for a Minor Site Plan submitted on behalf of the St. Lucie County Utilities Department and the comments made by the St. Lucie County Development Review Committee on this application and has made the following determinations: 1. The St. Lucie County Utilities Department, represented by Lucido & Associates, requested approval of a Minor Site Plan for the development of the North St. Lucie County (AKA Taylor Dairy Road) Water Treatment Facility on the property described in Part A of this Order. 2. The phased Site Plan includes water storage tanks, a Reverse Osmosis (RO) system, Electrical Building and Office with employee parking, a Degassing/Odor Control Building, a Chemical Storage Building, back-up power generator, and other infrastructure to support the Utilities' operations. 3. The Development Review Committee reviewed the Minor Site Plan dated September 3, 2024, as depicted in Exhibit A to this Order, and found it to meet all technical requirements, subject to the conditions set forth in Part B of this Order. 4. On October 2, 2012, the Board of County Commissioners approved Resolution No. 12-013, granting rezoning of the subject site to U, Utilities. 5. On January 7, 2025, the Board of County Commissioners conditionally approved a Road Paving Waiver for the subject Site Plan, subject to allocation of $307,134.29 toward roadway improvements and a commitment as a "yes" vote in any lawfully established MSTU, MSBU or other special assessment district created for the purpose of providing paving and/or drainage improvements to Taylor Dairy Road. 6. The St. Lucie County Utilities has allocated $307,134.29 as conditioned by the Road Paving Waiver for Taylor Dairy Road. 7. The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 8. The proposed project, with Conditions, will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility PDS Order 2025-09 Page 1 of 7 facilities or other matters affecting public health, safety, and general welfare. 9. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity. 10.The proposed projectwill 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. The land area on which the Minor Site Plan is granted for the North St. Lucie County (AKA Taylor Dairy Road) Water Treatment Facility is described as follows: Legal Description: The Southwest 1/4 of the Southeast 1/4 of Section 13, Township 34 South, Range 39 East, LESS AND EXCEPT all rights of way for drainage canals and public roads; all lying and being in St. Lucie County, Florida. Parcel: 1313-430-0000-000-5 Address:4554 Taylor Dairy Road B. Pursuant to Sections 11.02.02, 11.02.03 and 11.02.07 of the St. Lucie County Land Development Code, the Minor Site Plan, as depicted on Exhibit B and shown on the site drawings for the project prepared by Lucido & Associates, dated September 3, 2024, and received by the St. Lucie County Planning & Development Services Department on October 14, 2024, is hereby approved subject to the following conditions: 1) A 5 FT sidewalk is required along adjacent road Right-of-Ways. The Board of County Commissioners may authorize the applicant to pay a Fee-in-Lieu of construction of the sidewalk. 2) The Site Development Permit shall provide a detail for the ADA accessible parking stall complying with current FDOT standards. Please demonstrate the correct colors and schematic in accordance with the FDOT code. 3) Within 90 days of developmental approval, the applicant, property owner, developer, successor, or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the County Attorney, 20 feet of right-of-way along Taylor Dairy Road, as determined by the Public Works Department. 4) The applicant shall provide all applicable permits and/or written correspondence from all associated outside agencies. 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, listed species PDS Order 2025-09 Page 2 of 7 surveys including but not limited to gopher tortoise surveys shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys appropriate permits from state and federal agencies shall be required. 6) 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. a. If applicable, prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the developer shall provide an executed Conservation Easement and approved Preserve Area Monitoring and Management Plan (PAMMP) as applicable with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney. The applicant shall also provide a GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. 7) Prior to issuance of a Certificate of Occupancy, provide an acceptable timeline for removal of all Category I listed invasive plant species from the site. 8) Prior to issuance of a certificate of occupancy, a detailed landscape plan shall be submitted for review and approval per LDC 7.09.00. Should the applicant move forward with omitting landscaping, a waiver of the provisions of this section shall require the approval of the Board of County Commissioners. 9) Prior to issuance of Certificate of Completion or Certificate of Occupancy (or similar) of Phase 1 , whichever is applicable, a finalized tree mitigation plan shall be submitted for review and approval per LDC 6.00.05.D. 10)Prior to Site Plan approval of any additional phases: i. Update the Environmental Impact Report to determine exact acreage of wetlands via a jurisdictional determination or Environmental Resource Permit provided by the jurisdictional or permitting agency, discussion strategies for avoidance and minimization to onsite intact native habitats, such as wetlands, native flora, listed fauna, etc., and how to satisfy mitigation requirements for any impacts to these protected habitats and species. Provide updated exhibits and supporting documents, as necessary. ii. The boundary survey shall identify the agency or agencies claiming jurisdiction over the onsite wetlands and other surface waters (OSWs). iii. Where impacts are proposed to onsite wetlands or their associated buffers, 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 submit a Wetland Waiver Application for review and approval by the ERD Director or Board of County Commissioner. No impacts to any onsite wetlands or their associated wetland buffers are permitted at this time. 11)The proposed fence/gate shall be located outside of the proposed ROW area, unless a revocable license agreement is issued for temporary occupancy after dedication. PDS Order 2025-09 Page 3 of 7 12)The development shall be subject to the U Zoning District height standards (40ft. as defined and implemented by St. Lucie County LDC), and any limits imposed by the FAA. C. The approvals and authorizations granted by this Order shall expire twenty-four (24) months from the effective date of this approval, unless a building permit is issued, or a site plan extension is granted in accordance with Section 11.02.06 of the St. Lucie County LDC. D. The applicant for Minor Site Plan approval (developer) is advised that as part of this Minor Site Plan approval, that it is the responsibility of the property owner(s), developer, etc. including any successors in interest, to obtain all applicable development permits and construction authorizations from any appropriate State, Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Federal Aviation Administration (FAA), the Florida Department of Environmental Protection, the Florida Department of Transportation, the South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works, and Building Departments and the St. Lucie County Fire District prior to the commencement of any development activities on the property described in Part A above. Issuance of this Administrative Development Order(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 Order 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. The conditions set forth in Part B are an integral, non-severable part of the site plan approval granted by this Order. If any condition set forth in Part B 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. F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit B, shall be valid for the same period as this Order. If this Order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. G. 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 B above, all such appeals must be filed in writing with the County Administrator within thirty (30) days of the rendering of this Order, as described in Section 11.02.03.B., of the St. Lucie County LDC. 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. H. A recorded copy of this Order shall be attached to the Site Plan drawings described in Part B, which plan shall be placed on file with the St. Lucie County Planning and Development Services Department Director. PDS Order 2025-09 Page 4 of 7 I. This Order shall be recorded in the Public Records of St. Lucie County. ,- This ORDER is effective the day of January, 2025. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE CJN Y, FLORIDA BY Benjamin Balcer, AICP Planning & Development Services Director APPROVED AS TO FORM AND CORREC ESS: BY County Attorn yy/ PDS Order 2025-09 Page 5 of 7 Q- (D N) CD VdS CO )10 0 -dS -ds ---------- L - -- - - - - -- - UUld 811S J. sndweo luew)eej L JQ)eM CO peou Aile JGjAe-L CD C-dS I Z-dS a-PP-d Lil —3 pul--ma Mfg ————I 1-0--muns sairposse 78 _�nj (D a) 0 —4 Exhibit B Certificate of Capacity St Lucie Couch* Certificateof Capacity Date 130 2025 Certificate No. 332C 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 \&ncr Site---)Ian Number of units 0 Number of square feet 19.1K 2.Property legal description& Tax ID no. 1313-430-0000-000-5 4554 Ta-,{or Dairy Raid \orth County(AKA Taylcr Dairy Road)N%7F 3.Aporoval: Buildinq Resolution No. 2025-09 Letter 4. Subject to the following conditions for concumency: allocation of S307,134.29 tot:asd road•::ay inrpmvenients and a canny tntnt as a'ves'•rote in art lawfully established MSTG.MSB[;er cther sp=cial assessment district. Owner's name St.Lucie County Address 2300 Vireinia avenue Fort?ierce FL 34932 6.Certificate Expiration Date 130 202' This Certificate of Capacity is transferable only to subsequent owners of the same parcel,and is subject tothe same terms,conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying devel rnen rderis with this certificate, or for subsequent development Is the same property, use and size as described herein. Signed Date: 1 30 30:: Planning and Development Services Director St Lucie County.Flo ri da PDS Order 2025-09 Page 7 of 7