HomeMy WebLinkAboutRESOLUTION INFORMATION10
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RESOLUTION 2016-178
FILE No. SPMj 520165025
A RESOLUTION OF THE ST. LUCIE COUNTY
SCANNED
BY
St. Lucie Countv
BOARD OF COUNTY COMMISSIONERS GRANTING S-2 YACHTS (PURSUIT BOATS)
A THIRD MAJOR ADJUSTMENT TO A MAJOR SITE PLAN IN THE IL (INDUSTRIAL,
LIGHT) ZONING DISTRICT FOR PROPERTY LOCATED AT 3901 ST. LUCIE BLVD.
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:
A. S-2 Yachts (Pursuit Boats) represented by Culpepper and Terpening, Inc. presented a petition
for a Third Major Adjustment to a previously approved Major Site Plan known as 5-2 Yachts, to
add 17,200 square feet of building area, with associated parking/vehicular use areas, to the
existing S-2 Yachts (Pursuit Boats) manufacturing facility, bringing the total square footage of
the facility located at 3901 St. Lucie Boulevard in IL (industrial, Light) Zoning for the property
described in Part B below, up to 208,672 square feet.
B. On April 16,1996, the Board of County Commissioners approved Resolution 96-022 granting a
Major Adjustment to the existing Major Site Plan for the facility providing for the addition of
52,513 square feet to the existing 88,364 boat manufacturing facility.
C. On August 24, 2004, the Board of County Commissioners approved Resolution 04-211 granting
a second Major Adjustment to the existing Major Site Plan for the facility providing for the
addition of 26,200 square feet of manufacturing space to this facility.
D. The Development Review Committee has reviewed the site plan for the proposed project and
found, with the proposed conditions, it meets the technical requirements of the St. Lucie
County Land Development Code and has satisfied the standards of review set forth in Section
11.02.07, Standards forSite Plan Review, of the St. Lucie County Land Development Code.
E. The project 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.
F.- The applicant has applied for and received a Certificate of Capacity, a copy of which is attached
to this order as Exhibit A, as required by Chapter V, St. Lucie County Land Development Code.
October 18, 2016 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SPM'S20165025
SLANT LUCIE COUNTY
Resolution 2016-178 FILES 42420761012S2D1609S8:53AM Page 1
OR BOOK 3925 PAGE 2009.2013 Doc Type: RESO
RECORDING: $44AD
is
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NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the proposed
Major Adjustment #3 to the Existing Major Site Plan project known as S-2 Yachts, is hereby
approved as shown on the site plan drawings for the project prepared by Culpepper &
Terpening, Inc., dated April 28, 2016 and electronically date stamped received for distribution
forfinal review September 26, 2016, with final print copies received October 21, 2016, subject
to the following conditions:
ENVIRONMENTAL RESOURCES:
1. Within 90 days of site plan approval all invasive exotic vegetation located within the
property boundary shall be removed [Land Development Code Section 7.09.05].
2. The issuance of County development permit does not in anyway create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the County if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actionsthat result
in a violation of state or federal law.
3. All other applicable state or federal permits must be obtained before commencement of
the development.
PUBLIC WORKS:
4. Within 90 days after receiving site plan approval for Major Adjustment #3 to the existing S-
2 Yachts Site Plan, the applicant, GEN 123 Properties, LLC, shall convey the required road
additional right-of-way for St. Lucie Boulevard, as generally depicted on the project site
plan. The manner and form of conveyance shall be acceptable to the County Attorney. The
required sketch and legal description shall be prepared by a Florida licensed surveyor and
mapper. Pursuant to Section 7.05.03(I) of the St. Lucie County Land Development Code, the
applicant may be granted credits against road impact fees or by payment of cash as
determined by the County consistent with the provisions of this Section.
5. Within 60 days after receiving site plan approval for Major Adjustment #3 to the existing S-
2 Yachts site plan, the applicant, GEN 123 Properties, LLC, shall execute an agreement to
pay a fee -in -lieu of construction for sidewalks and remit to the County the required funds
underthat agreement. The acceptable method of payment shall be certified check payable
October 18, 2016
Resolution 2016-178
SPMj 520165025
Page 2
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to St. Lucie County. A copy of the standard "Agreement" can be obtained by visiting the St.
Lucie County Public Works Department website at:
http://www.stiucieco.gov/public—works/index.htm.
B. The property on which this Major Adjustment to a Major Site Plan approval is being granted is
described as follows:
The west 1,174.41 feet of the southwest % of the northwest''/< of Section 32, Township
34 South, Range 40 East, less and excepting the west 30 feetthereof and the south 125
feet thereof, all lying and being in St. Lucie County, Florida;
-AND-
The west 700 feet of the east three quarters of the north % of the northwest A of
Section 32, Township 34 South, Range 40 East; less the north 40 feet thereof, all lying
and being in St. Lucie County, Florida.
Tax id#: 1432-221-0001-0006
Address: 3901 St. Lucie Boulevard
C. The approvals and authorizations granted bythis Resolution are forthe purpose of obtaining
building permits on this property, and shall expire on October 18, 2018, unless the developer
has obtained a building permit for a portion of the added improvements to the project site
plan described in Part A or an extension has been granted in accordance with Section
11.02.06(B), St. Lucie County Land Development Code.
D. The developer is advised as part of this Major Adjustment approval that the developer or any
successor in interest shall obtain all applicable 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 Department and St. Lucie County Building Departments prior
to the commencement of any development activities on the property described in Part B.
Issuance of this Major Adjustment Approval 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 orfulfill the obligations imposed by a State or Federal agency
or undertake actions that may result in a violation of State or Federal law.
E. This Resolution 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
October 18, 2016
Resolution 2016-178
SPMj520165025
Page 3
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A above, all such appeals must be filed in writing with the County Administrator within 30 days
of the rendering of this Resolution, as described in Section 11.02.04(B), St. Lucie County Land
Development Code. Should an appeal to this Resolution be filed, no permitting reviews or
further administrative action shall take place on the processing of this development project
until the appeal is resolved.
F. A copy of this Resolution 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
Director and mailed, return receipt requested to the developer and agent of record as
identified on the site plan applications.
G. The conditions set forth in Part A are an integral nonseverable part of the site plan approval
granted by this Resolution. If any condition set forth in Section A 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 Resolution shall become null and void.
H. This Resolution shall be recorded in the Public Records of St. Lucie County.
October 18, 2016
Resolution 2016-178
SPMj520165025
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After motion and second, the vote on this Resolution was as follows:
Chair Kim Johnson AYE
Vice -Chair Chris Dzadovsky AYE
Commissioner Frannie Hutchinson AYE
Commissioner Paula Lewis AYE
Commissioner Tod Mowery Absent
PASSED AND DULY ADOPTED this 181^ Day of October, 2016.
ATTEST
1
_,
October 18, 2016
Resolution 2016-178
BOARD OF COUNTY COMMISSIONERS
ST. LU
BY
APPROVED AS TO FORM
SPMj 520165025
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RIF 2016-001
ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS AND GEN 123 PROPERTIES, LLC, IN CONSIDERATION
FOR THE DONATION OF CERTAIN RIGHT-OF-WAY ALONG ST. LUCIE BOULEVARD
THIS AGREEMENT is made and entered into as of this _ day of . 2016, by and between ST. LUCIE
COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County"
and GEN 123 PROPERTIES LLC, hereinafter referred to as "GEN".
WITNESSETH
WHEREAS, on October 18, 2016, GEN, received approval from the St. Lucie County Board of County
Commissioners for Major Adjustment #3 to the Existing Major Site Plan project known as S-2 Yachts (SPMj
520165025) for the property described below:
The West 700 feet of the East 3/4 of the North 1/2 of the NW 1/4 of Section 32, Township
34 South, Range 40 East Less the North 40 feet thereof, all in St. Lucie County, Florida;
and,
WHEREAS, Condition Number 4 of Resolution 16-Ora, requires that GEN provide for the dedication, and
conveyance to St. Lucie County, of a 20-foot wide strip of land, as further described in the attached Exhibit "A"
(the "Dedication"), along GENS St. Lucie Boulevard (a County arterial roadway) street frontage for additional
right-of-way needs associated with the future expansion of St. Lucie Boulevard; and,
WHEREAS, St. Lucie County has adopted a "Roads Impact Fee Ordinance" which imposes impact fees relating
to the need for future improvements and additions to the County Road System; and,
WHEREAS, Section 24-264(c) of the St. Lucie County Code of Ordinances provides for the County Commission
to consider the granting of credits for the donation of non -site related right-of-way along those roadways that
meet a transportation capital need as identified in the County's Comprehensive Plan or in the County
Metropolitan Planning Organization Roads Impact Fee Eligibility Networks; and,
WHEREAS, St. Lucie Boulevard is an arterial roadway as identified in the St. Lucie County Comprehensive Plan,
and;
WHEREAS, the County's Comprehensive Plan identifies a future need for capacity expansion improvements
to be made to St. Lucie Boulevard in order to accommodate future growth as set forth in the St. Lucie County
Comprehensive Plan; and,
Roads Impact Fee Credit Agreement
10/03/2016
RIF 16-001
Page 1
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WHEREAS, based upon the provisions of Section 24-264(c) of the Code of Ordinances of St. Lucie County, the
value of the right-of-way donation, including reasonable costs associated with the conveyance of the right-
of-way property to the county, that is eligible for consideration of road impact fee credit is:
$923.90
WHEREAS, GEN is desirous of establishing the general method and amount of Credit that GEN shall be entitled
to for value and costs associated with the right-of-way donation.
NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties here to be
made and performed, and in consideration of the benefits to accrue to each of the parties,'it is agreed as
follows:
Section 1. Incorporation by Reference.
The above recitals are true and correct and are made a part of this Agreement by reference.
Section 2. Amount of Impact Fee Credit.
GEN is entitled to a credit against St. Lucie County Roads Impact Fees in the amount of nine hundred and
twenty three dollars and 90 cents ($923.90), under the criteria set forth in Section 264-24(c) of the Code
of Ordinances of St. Lucie County for the donation of certain right-of-way along St. Lucie Boulevard.
Section 3. Limitation of Credit
The credit established by this agreement is limited solely to the property described below:
The West 700 feet of the East 3/4 of the North 1/2 of the NW 1/4 of Section 32, Township
34 South, Range 40 East Less the North 40 feet thereof, all in St. Lucie County, Florida;
And, is not transferable to any other property owned by GEN in St. Lucie County. The credit granted
through this agreement may only be applied against the required Roads Impact Fees to be collected from
this site and shall not be transferable as a credit against other impact fees imposed for purposes other
than roads.
Section 4. Assignability of Credits.
GEN may assign all or part of the Credits described in Section 2 above to its successors in title and interest
to the property described in Section 3 above. Such assignment shall be by recordable written instrument.
_ Before the assignment is effective, a copy of the assignment shall be provided by GEN to St. Lucie County,
at the address set forth below and the original assignment shall be recorded in the public records of St.
Lucie County:
Roads Impact Fee Credit Agreement
10/03/2016
RIF 16-001
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County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34982
With copy to: County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
Section S. Recordability of Agreement.
This Agreement shall be recorded by St. Lucie County in the public records of St. Lucie County and shall
be binding upon GEN and any successors in interest and title to the property described in Section 3 above.
Section 6. Termination of Agreement.
This Agreement shall be effective until all of the Road Impact Fee Credits authorized herein have been
consumed through the issuance of a building permit, or similar development approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
above written.
Signed, sealed and delivered in the presence of:
ATTEST: Board of County Commissioners
Deputy Clerk St. Lucie County, Florida
Roads Impact Fee Credit Agreement
10/03/2016
APPROVED AS TO FORM AND CORRECTNESS
County Attorney
[ go to next page ]
RIF 16-001
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GEN 123 PROPERTIES, LLC,
Print Name:
Title:
Witness:
s*•rr**•srssr*:::*r**se*►
STATE OF FLORIDA
COUNTY OF ST. LUCIE
ACKNOWLEDGEMENT
BEFORE ME, the undersigned authority, personally appeared , and is
authorized to sign and execute the above Agreement and that the representations above stated are true
and correct to the best of his knowledge, information, and belief.
He/ she personally appeared before me, is personally known to me, or produced as identification:
Sworn to and subscribed before me on this day of 2016
Notary Public:
My Commission Expires:
Roads Impact Fee Credit Agreement
10/03/2016
RIF 16-001
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Exhibit A
Description of Property to be conveyed
The West 700 feet of the East 3/4 of the North 1/2 of the NW 1/4 of Section 32, Township
34 South, Range 40 East Less the North 40 feet thereof, all in St. Lucie County, Florida;
u
Roads Impact Fee Credit Agreement
10/03/2016
RIF 16-001
Page 5
TO:
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
AGENDA REQUEST
Board of County Commissioners
Rod Reed, County Surveyor
Engineering
ITEM NO. (ID # 3812)
DATE: 10/18/2016
*CONSENT AGENDA\PUBLIC
WORKS
S-2 Yachts/Pursuit Boats— Fee -in -Lieu of Construction Agreement
S-2 Yachts/Pursuit Boats received a minor adjustment to a major site plan on July 27, 2016 from Planning
& Development Services (PDS Order 2015-023). The site is located on the south side of St. Lucie Boulevard
approximately 4000 feet west of South 25th Street.
In conformance to St. Lucie County's Land Development Code (LDC) section 7.05.04, S-2 Yachts/Pursuit
Boats is required to construct a six-foot wide sidewalk along St. Lucie Boulevard or participate in a
"payment -in -lieu of program per LDC 7.05.04.4(h). The code allows a developer to pay a fee -in -lieu of
construction if it is determined that the construction of the sidewalk would be a disproportionate burden
to the developer due to site conditions, or if it is determined that the construction is not in the best
interests of St. Lucie County.
Per section 7.05.03, St. Lucie County has also requested S-2 Yachts/Pursuit Boats to provide for the
dedication of 20 feet of additional road right-of-way for future improvements to the St. Lucie Boulevard
corridor. This dedication is not a result of, nor mandated by, the proposed expansion of the boat
manufacturing facility. The funds from the roadway impact fee credit for the requested 20-foot road
right-of-way dedication will be used to fund the fee -in -lieu of sidewalk construction.
The developer has agreed to offset the fee -in -lieu of sidewalk construction with the road impact fee credit
and enter into a road impact fee credit agreement for the balance.
The following table summarizes the calculation of the "payment -in -lieu of sidewalk construction" for the
_property.
S-2 Yachts/Pursuit Boats Sidewalk Contribution
Street frontage
700 ft.
Required sidewalk width
6 ft.
Total square feet
4,200 sq. ft.
Total square yards
466.67 sq. yds.
Cost per square yard
$27 per sq. yd.
Estimated Cost
$12,600.09
Contingency (10%)
$ 1,260.01
Total Due
$13,860.10
The following table summarizes the calculation of the road impact fee credit utilizing the Property
Appraiser's values.
S-2 Yachts/Pursuit Boats
Land size
20' x 700'
Land area of dedication
14,000 sq. ft.
Land value/sq. ft.
.880 sq. Ft.
Appraised land value @120%
1.056 sq ft.
Road impact fee credit
$14,784.00
Payment in -lieu -of
$13,860.10
Balance
.E923:90
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
Staff recommends Board approval of the fee -in -lieu of sidewalk construction agreement and enter into a
road impact fee credit agreement in the amount of $923.90 and authorization for the Chairman to sign
documents as approved by the County Attorney.
COMMISSION ACTION:
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Paula A. Lewis, District No. 3
SECONDER: Frannie Hutchinson, District No. 4.
AYES: Kim Johnson, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson
ABSENT: Tod Mowery
Updated: 10/12/20169:53 AM by Katrina Slay Page 2
Coordination Signatures
on We t, Public Works Directo 016
anie 5. McIntyre, Co my ttorney 10/3/2016
d MW De oun Administrator 10/10/2016
Dzadov y, District N -Chair 10/18/2016
Updated: 10/12/20169:53 AM by Katrina Slay Page 3
AGREEMENT TO PAY FEE IN LIEU
OF CONSTRUCTING CONCRETE SIDEWALKS
THIS AGREEMENT is made and entered into this day of
2006, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the
State of Florida ("County") and GEN Development, LLC aka S2 Yachts / Pursuit Boats,
("Developer").
WITNESSETH:
WHEREAS, Developer intends to construct a project to be known as S2 Yachts /
Pursuit Boats (the "Development"); and
WHEREAS, the Developer cannot construct concrete sidewalks at the project
location due to site conditions.
WHEREAS, the Developer desires to offset the payment in lieu of constructing
the required concrete sidewalks and enter into a road impact fee credit agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties covenant and agree as follows:
Within fifteen (15) days from the date of this Agreement, the Developer shall
enter into a road impact fee credit agreement with the County that offsets the funds
that would be due for a fee in lieu of constructing a concrete sidewalk.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made
and entered into the day and year first above written.
COMMISSIONERS
ATTEST:
Deputy Clerk
-1-
BOARD OF COUNTY
ST. LUCIE COUNTY, FLORIDA
BY:
Chairman
WITNESSES:
-2-
APPROVED AS TO FORM AND
CORRECTNESS:
*Owl
BY:
Print Name:
County Attorney