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Home My WebLink AboutPZ Draft Resolution v2docResolution No. 2021-XXX CU-11202025893 Page 1 RESOLUTION 2021-XXX File No. CU 11202025893 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A CONDITIONAL USE PERMIT FOR A 103,200 SQUARE FOOT SELF-STORAGE FACILITY AND RV AND BOAT OUTDOOR STORAGE STALLS WITHIN THE CG (COMMERCIAL GENERAL) ZONING DISTRICT ON 4.47 ACRES OF LAND LOCATED IN 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 and traffic analysis review, has made the following determinations: 1. Wylie Klyce, Rapid Building Solutions, LLC, presented a petition for a Conditional Use Permit to allow for the construction and operation of a 103,200 square foot, three-story, self-storage facility. The project proposes 725 enclosed, climate- controlled, fully enclosed storage units along with forty-three (43) RV and boat exterior storage stalls, associated parking, drainage, and utility infrastructure. within the CG (Commercial General) Zoning District for the property located at the southeast corner of Turnpike Feeder Road and Miramar Avenue , in Fort Pierce, as legally described in Paragraph C and depicted on the attached map as Exhibit “A”. 2. On April 28, 2021, the Board of Adjustment approved BOA Resolution 2021-005, granting a Variance from the provisions of St. Lucie County Land Developm ent Code (LDC) Section 7.05.06.C.2.f(3) to allow a driveway with left-turn movements to be located less than 350-feet from the Turnpike Feeder Road parallel base building line and a Variance from LDC Section 7.05.06.C.2(c) to allow the edge of a driveway less than twenty-five (25) feet from a side property line. 3. On May 20, 2021, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within five hundred (500) feet of the subject property and recommended that the Board of County Commissioners Approve/Deny as requested Conditional Use Permit. 4. On _______2021, this Board held 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. 5. Section 11.07.01.C of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is Resolution No. 2021-XXX CU-11202025893 Page 2 signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four fifths (4/5) of all of the Board of County Commissioners. 6. All reasonable steps have/have not been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through site design, landscaping screening. 7. The proposed Conditional Use, with conditions therein, will/will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Planning and Development Services Director on _________. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The foregoing findings are hereby approved/denied and adopted by the Board of County Commissioners of St. Lucie County, Florida: B. Pursuant to Section 11.07.00 of the St. Lucie County Land Development Code, the Conditional Use Permit for the project to be known as Self-Storage Kings Highway for a self-storage facility, as shown on the drawings for the project prepared by Common Oak Engineering, LLC, dated March 26, 2021, and date stamped received by the Planning and Development Services Department on April 6, 2021, is hereby approved/denied, for the subject property described in Paragraph C, subject to the following conditions: 1. Any alternative use proposed for the facility will require a Conditional Use Adjustment. 2. It shall be prohibited to initiate boat engines onsite between the hours of 11 p.m. and 7 a.m. 3. Prior to Major Site Plan approval, the applic ant shall provide a photometric plan that demonstrates compliance with LDC Section 7.09.04(K). 4. Prior to issuance of Certificate of Occupancy, all Category I invasive plant species shall be eradicated from the site. Resolution No. 2021-XXX CU-11202025893 Page 3 C. The property on which this Conditional Use Permit is being granted/denied is described as follows: Legal Description: THAT PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA LYING EAST OF SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) AND NORTH OF INDRIO ROAD. LESS AND EXCEPT ROAD RIGHTS-OF-WAY AS DESCRIBED IN THOSE CERTAIN DEEDS RECORDED IN OFFICAL RECORD BOOK 585, PAGES 1449 THROUGH 1451, AND OFFICAL RECORD BOOK 649, PAGES 027 AND 028, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT: THAT PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) AND LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT (P.O.C.) BEING THE SOUTHEAST CORNER OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 13, RUN THENCE NORTH 00° 02’ 03” WEST ALONG THE EAST LINE OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 13, 708.55 FEET TO THE POINT OF BEGINNING (P.O.B.); THENCE RUN SOUTH 89° 59’ 58” WEST, PARALLEL WITH THE ¼ SECTION LINE, 760.46 FEET; THENCE RUN SOUTH 44° 59’ 58” WEST, 51.71 FEET; THENCE RUN NORTH 45° 00’ 02” WEST, 268.56 FEET; THENCE RUN NORTH 75° 00’ 02 ” WEST 202.22 FEET TO THE EAST RIGHT-OF-WAY LINE OF SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) AND THE END OF THIS DESCRIBED LINE. Parcel Identification No.:1313-232-0002-000-1 D. The approvals and authorizations granted by this Resolution are for the purpose to construct and operate a self-storage facility within St. Lucie County, and are not assigned to any other party or institution. Should the petition ers choose or decide to assign this operation to another entity or individual, a Minor Adjustment to the Conditional Use Permit shall be required. E. The approvals and authorizations granted by this Resol ution shall expire on ____________, 2022, unless a Building Permit is obtained, or Certificate of Zoning Compliance issued for the use described in Part B above, or an extension has been granted in accordance with Section 11.07.05 F., St. Lucie County Land Development Code. Resolution No. 2021-XXX CU-11202025893 Page 4 F. The petitioner, Wylie Klyce, Rapid Building Solutions, LLC, is advised as part of this Conditional Use Permit approval for Self-Storage Fort Pierce, the petitioner shall obtain all applicable site plan approval, 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 Paragraph B. Issuance of this permit by the County does not in any way c reate any rights on the part of the petitioner to obtain a permit from a state or federal agency and does not create any liability on the part of the Cou nty for issuance of this permit if the petitioner 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. G. The conditions set forth in Paragraph B are an integral non severable part of the Conditional Use Permit approval granted by this Resolution. If any condition set forth in Paragraph B is determined to be invalid or unenforceable for any reason and the Petitioner declines to comply voluntarily with the condition, the Conditional Use Permit approval granted by this resoluti on becomes null and void. H. A copy of this resolution shall be attached to the Conditional Use Permit Site Plan drawings described in Paragraph B. which plan shall be placed on file with the Planning and Development Services Department. I. This Order shall become effective upon the date indicated below. An appeal from 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. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Chris Dzadovsky, Chair ___ Sean Mitchell, Vice-Chair ___ Linda Bartz, Commissioner ___ Frannie Hutchinson, Commissioner ___ Cathy Townsend, Commissioner ___ Resolution No. 2021-XXX CU-11202025893 Page 5 PASSED AND DULY ADOPTED this ___ day of __________, 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY CHAIR ATTEST: APPROVED AS TO FORM AND CORRECTNESS: __________________ _____________________ DEPUTY CLERK COUNTY ATTORNEY Resolution No. 2021-XXX CU-11202025893 Page 6 Exhibit “A” Location Map Resolution No. 2021-XXX CU-11202025893 Page 7 Exhibit “B” Site Plan Resolution No. 2021-XXX CU-11202025893 Page 8 Exhibit “C” Certificate of Capacity