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RESOLUTION 04-099
FILE NO.: CU-03-012
A RESOLUTION FOR A CONDITIONAL USE PERMIT
TO ALLOW THE OPERATION OF A LANDSCAPE
AND LAWN MAINTENANCE FACILITY IN THE AR-1
(AGRICULTURAL, RESIDENTIAL - I DU/ ACRE)
ZONING DISTRICT FOR PROPERTY 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 the staff report, has made the following
determinations:
Joseph Lopez presented a petition for a Conditional Use Permit to allow the operation
of a landscape and lawn maintenance facility, in the AR-1 (Agricultural, Residential- 1
du/acre) Zoning District for the property described in Part B below.
On July 15, 2004, 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 500 feet of the subject property, and
recommended that the Board of County Commissioners approve the hereinafter
described request for a Conditional Use Permit in the AR-1 (Agricultural, Residential -
1 du/acre) Zoning District for the property described below.
On August 17, 2004, this Board held a public hearing on the petition, after publishing a
notice of such hearing and notifying by mail all owners of property within 500 feet of
the subject property.
The proposed Conditional Use 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.
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 affecting the public health, safety and general welfare.
6. The proposed project will be serviced by onsite well and septic systems.
A Certificate of Capacity, a copy of which is attached to this resolution, was granted by
the Interim Growth Management Director on August 17, 2004.
File No.: CU-03-012
August 17, 2004
Resolution 04-099
Page 1
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County
Florida:
Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit for Joseph Lopez to allow the operation of a landscape and
Lawn Maintenance Facility, in the AR-1 (Agricultural, Residential - 1 du/acre) Zoning
District, is granted for the property described below, subject to the following conditions:
Prior to commencing any construction on the 8.62 acres of land, the
applicants shall be required to submit for review and approval a minor site
plan that is consistent with the Land Development Code.
Access to the applicant's site shall be via Devine Road. At no time shall this
project be permitted to access directly off of Selvitz Road.
The applicant shall provide a minimum 100-foot vegetative buffer along the
northern, eastern and western property lines. No future development can
occur in this vegetative buffer unless a modification to the Conditional Use
Permit eliminating the vegetative buffer or portion of the vegetative buffer is
submitted for review and approval by the Board of County Commissioners.
The hours of operation for this landscaping and lawn maintenance business
will be 6:45 am to 5:30 pm.
Bo
The subject property is described as follows:
SW 1/4 OF SW 1/4 OF SW 1/4 - LESS RD R/W - (8.62 AC) (OR 255-727)
Location: Northeast corner of Selvitz Road and Devine Road.
Tax Id. No. 2432-333-0001-000/3
The approvals and authorizations granted by this Resolution are for the purpose of
obtaining a zoning compliance for this property, and shall expire on August 17, 2005,
unless the developer has obtained a zoning compliance for the uses described in Part
A above, or an extension has been granted in accordance with Section 11.07.05(F),
St. Lucie County Land Development Code.
The Certificate of Capacity, a copy of which is attached to this resolution, 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.
The St. Lucie County Growth Management Department Director is hereby authorized
File No.: CU-03-012
August 17, 2004 Resolution 04-099
Page 2
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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.
After motion and second, the vote on this resolution was as follows:
Chairman Paula Lewis AYE
Vice-Chairman John Bruhn AYE
Commissioner Cliff Barnes AYE
Commissioner Frannie Hutchinson AYE
Commissioner Doug Coward AYE
PASSED AND DULY ADOPTED this 17th day of August 2004
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
CS:
H:\WP\Conditional Uses\Joseph Lopez\bcc\lopez.resolution.04099wpd
File No.: CU-03-012 Resolution 04-099
August 17, 2004 Page 3
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Exhibit A
Certificate of Capacity
OR BOOK 2061 PAGE 190
File No.: CU-03-012
August 17, 2004 Resolution 04-099
Page 4
St Lucie County
Certificate of Capacity
Date 8/18/2004 Certificate No. 1715
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
Number of units 0
CONDITIONAL USE PERMIT
Number of square feet
2. Property legal description & Tax ID no.
2432-333-0001-000/3
NE CORNER OF SELVITZ RD AND DEVINE RD
JOSEPH LOPEZ
3. Approval: Building Resolution No. 04-099 Letter
4. Subject to the following conditions for concurrency:
CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A LANDSCAPE AND LAWN
MAINTENANCE FACILITY IN THE AR-1 ZONING DISTRICT
Owner's name
JOSEPH K. LOPEZ
Address
2376 C ROAD
WEST PALM BEA FL 33470
6. Certificate Expiration Date 8/17/2005
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 develo~3fnent orderissued with this certificate, or for subsequent
development o ' su for the same property, use and size as described herein.
Growth Management Director
St Lucie Countv, Florida
Wednesday, August 18, 2004 Page 1 of 2
10
Exhibit B
· Vicinity Maps
· Site Location Map
OR BOOK 2061 PAGE 192
File No.: CU-03-012 Resolution 04-099
August17, 2004 Page 6
A Petition of Joseph Lopez for a Conditional Use to operate a landscaping
_and lawn maintenance facility.
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