HomeMy WebLinkAboutPDS Order 2020-070 (Recorded)JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 4774549 OR BOOK 4500 PAGE 2327, Recorded 10/30/2020 02:54:48 PM
PDS 2020-070
File No. SPMj-8202025807
AN ORDER GRANTING APPROVAL OF A MAJOR
ADJUSTMENT TO MINOR SITE PLAN TO BE KNOWN AS 1NDIAN
RIVER SPIRITS (FKA GRAPHTECH USA AND FKA PIPPIN
TRACTOR) FOR A PROPERTY LOCATED AT 3200 NORTH
KINGS HIGHWAY, FORT PIERCE, FLORIDA
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
application for Major Adjustment to a Minor Site Plan submitted by MBV Engineering, Inc. on behalf
of Markus and Anne Marie Portmann, evaluated the comments of the St. Lucie County
Development Review Committee on this application and has made the following determinations:
On August 3, 2020, MBV Engineering, Inc. filed an application on behalf of Markus and
Anne Marie Portmann for a Major Adjustment to the Minor Site Plan for the purpose of
constructing two (2) 10,000 square foot pre -fabricated buildings to be utilized as a bottling
facility for Indian River Spirits, as well as associated site improvements on a 15.35 acre
parcel of land located at 3200 N. Kings Highway, approximately'/2 mile north of St. Lucie
Blvd within the IL (Industrial, Light) Zoning District.
2. On January 18, 2000, the Board of County Commissioners approved Resolution 00-002,
granting Major Site Plan Approval for Pippin Tractor to allow the construction of a 12,000
square foot building on 3.22 acres of a 15.35-acre parcel of land located at 3200 N. Kings
Highway. The 3.22 acres of property was located within the CG (Commercial, General)
Zoning District at the time of approval.
3. On April 3, 2018, the Board of County Commissioners granted an amendment to the Official
Zoning Atlas from the CG (Commercial, General) and AR-1 (Agricultural, Residential —
1dulac) Zoning District to the IL (Industrial, Light) Zoning District, via Resolution 18.057.
4. On June 6, 2019, the Planning and Development Services Director approved a Major
Adjustment to a Minor Site Plan for an additional 10,000 square foot building for a
rectifier/bottling facility (Indian River Spirits), and associated site improvements.
5. The St. Lucie County Development Review Committee has reviewed the proposed Major
Adjustment to the Minor Site Plan and found it to meet the technical requirements of the
St. Lucie County Land Development Code, Comprehensive Plan, and to have satisfied the
standards of review set forth in Section 11.02.07, Standards for Site Plan Review, subject
to the conditions set forth in Part "A" of this Order.
6. 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
is found in the Planning and Development Services memorandum titled Indian River Spirits
-- Major Adjustment to Minor Site Plan (SPMn-8202025807), dated October 22, 2020.
7. The proposed project will not have an undue adverse effect on adjacent property, the
character of the neighborhood, traffic conditions, parking, utility facilities, or other matters
Page 1 PDS No. 2020-070
File No.: SPMn-8202025807
OR BOOK 4500 PAGE 2328
affecting the public health, safety, and general welfare.
8. 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.
9. 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:
A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Major
Adjustment to Minor Site Plan to be known as Indian River Spirits is hereby approved as
shown on the site plan drawings, attached as Exhibit "A", for the project prepared by MBV
Engineering, Inc., dated September 24, 2020 and date stamped received by the St. Lucie
County Planning and Development Services Division on September 25, 2020, subject to
the following conditions:
1. Within ninety (90) days of Site Plan approval or prior to issuance of a Certificate of
Occupancy, whichever occurs first, the applicant shall provide an updated and
approved landscape plan with the required landscaping for the north perimeter
depicted elsewhere onsite, and the relocation of the 4-inch oak to the most northern
terminal island.
2. Prior to issuance of a Vegetation Removal Permit, a gopher tortoise survey may be
required per appropriate state protocols.
3. Within ninety (90) days of issuance of Vegetation Removal Permit, all Category I listed
invasive plant species shall be removed from the site.
4. Prior to the issuance of the Certificate of Occupancy for the proposed project, the
developer, his successors or assigns, shall convey to the Florida Department of
Transportation (FDOT), in a manner or form acceptable to the St. Lucie County
Attorney, the following right-of-way:
6,371 square feet (25 ft. wide). of additional right-of-way for the future expansion of
Kings Highway along the west property line of the subject property.
To the extent permitted under the County's Code and Complied Laws, any such
dedication may be considered eligible for Road Impact Fee Credits.
5. Prior to right-of-way dedication, the applicant shall relocate the existing ground sign in
accordance with the adjusted Site Plan.
B. The property on which this Major Adjustment to Minor Site Plan is being granted is
described as follows:
Page 2 PDS No. 2020-070
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OR BOOK 4500 PAGE 2329
LEGAL DESCRIPTION:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING, BEING AND SITUATE IN
SECTION 25, TOWNSHIP 34 SOUT, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA
AND THIS TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 25,TOWNSHIP 34
SOUTH, RANGE 39 EAST; THENCE -NORTH 00°06'48" EAST, ALONG THE WEST LINE
OF SAID SECTION 25; A DISTANCE OF 2655.28 FEET TO A POINT, THENCE NORTH
89-43-39" EAST, A DISTANCE OF 70.98 FEET TO A POINT IN THE EAST RIGHT-OF-
WAY LINE OF KINGS HIGHWAY AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED TRACT OF LAND; THENCE NORTH 00°01'15" EAST, ALONG THE EAST
RIGHT-OF-WAY LINE OF SAID KINGS HIGHWAY, A DISTANCE OF 254.84 FEET TO A
POINT; THENCE NORTH 89*46'12" EAST, A DISTANCE OF 418.36 FEET TO A POINT,
THENCE NORTH 00001" 5" EAST, A DISTANCE OF 416.79 FEET TO A POINT, THENCE
NORTH 89046" 2" EAST, A DISTANCE OF 838.34 FEET TO A POINT, THENCE SOUTH
00°01'16" WEST, A DISTANCE OF 670.20 FEET TO A POINT, THENCE SOUTH
89043'39" WEST, A DISTANCE OF 1256.70 FEET TO THE POINT OF BEGINNING AND
CONTAINING 15.350 ACRES OF LAND MORE OR LESS.
(OFFICIAL RECORD BOOK 3404 PAGE 1665)
Parcel I.D. No.: 1325-233-0000-000/7
C. The approvals 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 Major
Adjustment approval for Indian River Spirits, all applicable development permits and
construction authorizations shall be obtained 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 B. 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.
E. A copy of this Order shall be attached to the site plan drawings described in Part "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 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 is 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 adjustment granted by this order shall become null and
Page 3 PDS No. 2020-070
File No.: SPMn-8202025807
OR BOOK 4500 PAGE 2330
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
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.
This Order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the — day of E&OM , 2020.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST—LUCIE_COUNTY, FLORIDA
BY
Olsonl AICP
APPROVED AS TO FORM
ANI
BY
Page 4 PDS No. 2020-070
File No.: SPMn-8202025807
OR BOOK 4500 PAGE 2331
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Page 5 PQS No. 2020-070
File No.: SPMn-8202025807
OR BOOK 4500 PAGE 2332
St Lucie County
Certificate of Capacity
EvAuHIBIT B n
EMENNEW�@
Date 10/23/2020 Certificate No. 3113
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 Major Adjustment to Minor Site Plan
Number of units 0 Number of square feet 20,000
2. Property legal description & Tax ID no.
132523300000007
3200 N. Kings Highway
Indian River Spirits
3. Approval: Building
Resolution No. 2020-070 Letter
4. Subject to the following conditions for concurrency:
Owner's name
Markus & Anne Marie Portmann
Address
713 Shore Drive
Vero Beach FL 32963
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
develoRment,grder(�) issued for the same property, use and size as described herein.
Signed k V XA 4'JU1tV Y \1� Date: 10/23/2020
Planning anti Development Services Director
St Lucie County, Florida
Friday, October 23, 2020 Page 1 of 2