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HomeMy WebLinkAboutResolution 10-029; Approval for Major AdjustmentJOSEPH E. SMITH, CLERK OFITHE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 3446874 OR BOa 175 PAGE 1348, Recorded 03/03/2010! ",10 J' 18 AM 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 RESOLUTION 10-029 FILE NO.: CUMJ 120091939 A RESOLUTION GRANTING APPROVAL FOR A MAJOR ADJUSTMENT TO A CONDITIONAL USE TO ALLOW FOR THE EXPANSION OF A CHILD CARE FACILITY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. William E. Wilson presented a petition for —'Madjust` rnerit�fo�Conditional;Use to allow for the expanon an,;existing cfildcarefacili n the I (Institutional) Zoning District, for the p o erty depicted on the at ac ed maps as Exhibit "A" and described in Part B below. 2. On August 4, 1992, through Resolution 92-101, the Board of County Commissioners granted a major adjustment to an existing conditional use for the Peppermint Patti's Child Care facility in an I (Intuitional) Zoning District. 3. On August 10,'2009, through Growth Management Order CD-99-010, the Growth Management Director approved a minor site plan for the project known as Virginia Avenue Medical Office that includes the property described in Part B below. 4. On February 2, 2010, this Board held a public hearing on this petition, after publishing a notice off such hearing and notifying by mail all owners of property within 500 feet of the subject property. 5. The child care facility is an existing facility license by the Florida Department of Children and Families at the subject location. 6. The proposed1major adjustment 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. 7. The proposed' project will not have an undue adverse effect on adjacent property, the character of thel neighborhood, traffic conditions, parking, utility facilities, or other matters affecting thel public health, safety and general welfare. February 2, 2010 1 Page 1 1 Resolution 10-029 File No.: CUMJ 120091939 OR BOOK 3175 PAGE 1349 I� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 8. The proposed project will be served potable water and wastewater services by the Fort Pierce Utilities Authority. 9. The Certificate of Capacity, a copy which is attached to this resolution as Exhibit B, was granted by the Director of Growth Management on January 14, 2010. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Pursuant to Section 11.07.05(E)(2) of the St. Lucie Co un Land Developme Code, a alo j�isrtment o a Ponditional Use to all. w a 1,i76 s uare � t, ui ding tlziitron to an existin child came facili i hereby granted for the property esc 'bed a ow, subject to the followin maw it ons: 1. The site improvement and operation areas shall be consist r with the Minor Site Plan project known as'VMMMAJ1,Avenue Mddk, / Offi e, as shown on t e site an di'awmgs preparetl y ngmeering es ggn & Construction Inc., date stamped received by the St. Lucie County Growth Management Depa ment on April 28, 2009, and a p oveg b the Growth Management Director o August 1 , 2©° 9, through L M Order 09 01 ,subject to the conditions therein. Major or =TrTcrr revisions to the site plan may be made consistent with the St. Lucie County Land Development Code. 2. Should thel site plan approval granted throug GMl 9`010 expPa the approvals granted herein shall be considered null aid void arad new conditional use approval shall be required to expand the existing child care facility. 3. Prior to issuance of a certificate of oeaunancN, the applicant shall provide documen ation verifying compliance with all conditions of approval as outlined in the approved site pIaGM Order 090,,,#0. The subject pri perry is described as follows: Begin at the intersection of the East right-of-way line of South 39' Street (50 feet wide) and thei North right-of-way line of Harvey Avenue (50 feet wide) which point is 25 feet East and 25 feet North of the Southwest corner of the NE 1/4 of the NW 1/4 0the NW 1/4 of Section 20, Township 35 South, Range 40 East. From said point, run North along the East right-of-way line of South 39th Street 208.90 feet to! the Point of Beginning; thence continuing North along the East right-of-way li a of'39th Street 104.46 feet; thence East 140 feet; thence South 104.45 feet; thence West 140 feet to the Point of Beginning. February 2, 2010 Page 2 i Resolution 10-029 File No.: CUMJ 120091939 OR BOOK 3175 PAGE 1350 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Said parcel is the same as Lots 5 and 6 of a certain unrecorded Plat of the NW 1/4 of the NW 1/,4 of Section 20, Township 35 South, Range 40 East, prepared by J.W. Whitic% County Surveyor. Parcel ID: 20;2210009=0U Location:2306South"39t�Street, Fort Pierce, FL. C. This"conditional use _;approval""sha f expire ,orf February �2` *2011, unl less t e ;prope.rty owner nasgobtamned a zoning compliance for the uses tlescribe q Part= A above, or ash externsronahas=been-�granted-in-accor ance with Section 1.0� 05(F), Sti Lucie County Land Development Code. D. The Certificate of Capacity shall remain valid for the period of conditional use approval. Should the conditional use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. E. The approval g Lted under this administrative order is specifically conditioned to the requirement that the property owner/petitioner, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part A. F. The St. Lucie County Growth Management 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. February 2, 2010 Page 3 Resolution 10-029 File No.: CUMJ 120091939 ICA1619 - CUrrer t Bk6- a6ivp- 51t1Ce IOd4 . CIS�evLLr&F Cpindi ()nQk Wse S�;II cac iVe aid I OR"," OR BOOK 3175 PAGE 13511 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ( 29 30 31 32 33 After motion and second, the vote on this resolution was as follows: Charles Grande, Chairman AYE Doug Coward, Vice -Chairman AYE Chris Dzadovsky, Commissioner AYE Chris Craft, Commissioner AYE Paula A.I Lewis, Commissioner AYE PASSED AND DULY ADOPTED this 2nd day of February 2010 j BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN I ATTEST: APPROVED AS TO FORM AND CORRECTNESS: UTY Gko� Cry, — COUNTY A I I February 2, 2010 Resolution 10-029 Page 4 File No.: CUMJ 120091939 OR BOOK 3175 PAGE 1352 Indian RiverGwrfy Marlin avrny 19 t c s. 2009 OR BOOK 3175 PAGE 1353 G4NAL NO'7 x Mel CUMJ-120091939 llson Jr - Wilson Dav Care U u NSLRAAD CANAL N0.7 � • VIRGINIAAVE f G i CLEMATIS AVE ■ Cd • CG m • A � RM-5 •. • R - RS-3 ♦ ARNOLD RD ♦ f- Cq ♦ cn ♦♦ k RM-5 R T-5 Zoning I .. ® Subject property LLC ZoNng Ft Ploroe Zoring N •�� CG- Ummercial Gereral C eh:lal Omce 02-Nelgh-rhootl Cornmerclal - General Cunmerclal %\ c 500 ft. notification area I- IhSUhltlanal IreMMo R4- Metllum Density Resltlertlal, 10 tlu2c R4 � � � . _ � ■ 1111-1- Resltlertfal M. FamlNty (5 IIl c) City of Ft. Pierce RS-3 - ResWwUal S nqe Famlty (., tlWac) Map prepared March 23. 2009 ,■^\\`\` OR BOOK 3175 PAGE 1354 EXHIBIT" " St Lucie County Certificate of Capacity Date 1/14/2010 i Certificate No. 2835 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 a Conditional Use Number of units 0 j Number of square feet 2. Property legal description & Tax ID no. 242022100090008 2306 39th Street, Fort Pierce Virginia Avenue Medical Office 3. Approval: Building Resolution No. Res. 10-010 Letter 4. Subject to the following conditions for concurrency: See Res. 10-010 and GM Order 09-010 Owner's name JWL Enterprises Inc. c/o William E. Wilson Address 8041 SE Orchard Terrace Hobe Sound FL 33455 6. Certificate Expirationbate 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 develo t order(s) issued for the same property, use and size as described herein. Signed Date: 1/14/2010 Growth Management Director St Lucie Countvl Florida Thursday, January 14, 2010 Page 1 of 2