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HomeMy WebLinkAbout04-226 ~1 ~'. 6rn Ì) 1Y\t1?J fn~. 4lnðl1Le ~ pwo RESOLUTION 04-226 FILE NO.: CU-04-011 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 255134902/04/2005 at 03:24 PM OR BOOK 2153 PAGE 1593 - 1600 Doc Type: REsO RECORDING: $69.50 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 43 44 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW LANDSCAPING & HORTICULTURAL SERVICES (COMMERCIAL PLANT NURSERY) IN THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT FOR CERTAIN PROPERTY 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: 1. Stanley Klein, presented a petition for a Conditional Use Permit to allow Landscaping & Horticultural Services (Commercial Plant Nursery) in the AR-1 (Agricultural, Residential-1 du/acre) Zoning District, depicted on the attached maps as Exhibit "A" and described in Part "C" below. 2. On October 28, 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 a conditional use permit to allow Landscaping & Horticultural Services (Commercial Plant Nursery) in the AR-1 (Agricultural, Residential-1 du/acre) Zoning Districtforthe property depicted on the attached Maps and described in Part "C" below. 3. On December 21, 2004, this Board 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. 4. 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. 5. The proposed Conditional Use 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 Conditional Use will be serviced by adequate public facilities and services. File No.: CU-04-011 December 21 , 2004 Resolution 04-226 Page 1 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 43 44 45 46 47 7. A Certificate of Capacity as required under Chapter V, St. Lucie Land Development Code, a copy of which is attached to this resolution, was granted by the Growth Management Director on December 21 , 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for Stanley Klein, for a Conditional Use Permit to allow Landscaping & Horticultural Services (Commercial Plant Nursery) in the AR-1 (Agricultural, Residential-1 du/acre) Zoning District is hereby granted for the property depicted on the attached maps as Exhibit "A" and described below, subject to the following conditions: 1. The applicant must retain a minimum 20-foot buffer along all property lines so as to not encroach on adjacent residential properties. Said 20-foot buffer shall have an a-foot wall as required between residential and non-residential uses unless the waiver is granted by the Board of County Commissioners referenced in Part "B" below. 2. The removal of any native vegetation shall require a Vegetation Removal Permit issued by the Environmental Resources Division. 3. Only plant material grown on-site may be sold. 4. No landscape contracting business may be operated from the subject property. 5. No on-site portable utility services may be placed on the subject property. B. Pursuant to Section 7.09.04(E) of the St. Lucie County Land Development Code, a waiver for an 8-foot fence or wall between residential and non-residential uses along the north, east, and west property lines of the subject property, is hereby granted for the property described below. C. The property on which this Conditional Use Permit and Waiver of the fence requirements is being granted is described as follows: A PORTION OF THE FOLLOWING DESCRIBED LANDS: THE NORTH 5 ACRES OF THE EAST % OF THE NORTH 30 ACRES OF THE NORTHEAST % OF THE SOUTHEAST %, LESS THE EAST 33 FEET WHICH WAS DEEDED IN OFFICIAL RECORD BOOK 59, PAGE 504, TO THE STATE OF FLORIDA FOR THE USE AND BENEFIT OF THE STATE ROAD DEPARTMENT, SAID LANDS LYING AND BEING IN SECTION 9, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AND HAVING A ROAD FRONTAGE OF 330 FEET ON OLEANDER AVENUE, BEING MORE PARTICULARLY File No.: CU-04-011 December 21,2004 Resolution 04-226 Page 2 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 D. 26 27 28 29 30 E. 31 32 33 34 35 36 37 38 F. 39 40 41 42 43 44 G. 45 46 47 DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST % OF SECTION 9, TOWNSHIP 36 SOUTH RANGE 40 EAST, THENCE SOUTH 00-00'59" WEST (ASSUMED BEARING BASIS) ALONG THE SECTION LINE A DISTANCE OF 330.12 FEET, THENCE NORTH 8921'57" WEST A DISTANCE OF 33.00 FEET TO THE WEST RIGHT-OF-WAY OF OLEANDER AVENUE, SAID POINT MARKED BY A 4"X4" CONCRETE MONUMENT AND THE POINT OF BEGINNING. THENCE CONTINUE NORTH 8921 '57" WEST A DISTANCE OF 626.51 FEET TO A # 5 IRON ROD AND CAP PSM 2791, ON THE WEST LINE OF THE NORTH 5 ACRES DESCRIBED ABOVE, THENCE NORTH 00 01 '05" EAST ALONG SAID LINE A DIST ANCE OF 150.01 FEET TO A #5 IRON ROD AND CAP # PSM 2791; THENCE SOUTH 89 21 '57" EAST A DISTANCE 626.50 FEET TO A #5 IRON ROD AND CAP # PSM 2791 ON THE WEST RIGHT-OF-WAY OF OLEANDER AVENUE; THENCE SOUTH 0000'59" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 150.01 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. (Tax ID#: 3409-411-0001-000/3) SUBJECT TO: EASEMENTS AND RIGHTS-OF-WAY OF PUBLIC RECORD. PARCEL CONTAINS 2.157 ACRES (MORE OR LESS) (Location: West side of Oleander Avenue, directly south of 6001 Oleander Avenue and north of 6007 Oleander Avenue) This Conditional Use Permit approval shall expire on December 21,2005, unless a zoning compliance is obtained or an extension is granted in accordance with Section 11.02.06(8)(3), St. Lucie County Land Development Code. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Stanley Klein, including any successors in interest, shall obtain all necessary permits and authorizations from the appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part C. 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 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. File No.: CU-04-011 December 21 , 2004 Resolution 04-226 Page 3 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 43 44 45 46 After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson AYE Vice-Chairman Doug Coward AYE Commissioner Paula A. Lewis AYE Commissioner Joseph E. Smith AYE Commissioner Chris Craft AYE PASSED AND DULY ADOPTED This 21st Day of December 2004. BOARD OF COUNTY COMlY' ST. LUCIE COUNTY, F ' ^ "'\ / BY C_ APPROVED AS¡ifq F AND CORRÉCTNES: ) .... "/;A~!'i . . Y.:- ",~ i2!) ^~[ ./ ATTEST: hf H:\ WORD\Petitions\BCC\Finished .04\KleinCU\KleinRES.doc File No.: CU-04-011 December 21, 2004 Resolution 04-226 Page 4 1 2 3 4 5 6 7 8 9 · 10 · 11 · 12 13 14 15 16 17 18 Exhibit A Maps Certificate of Capacity General Location Map Area Subject to the Conditional Use Permit Approval File No.: CU-04-011 December 21,2004 Resolution 04-226 Page 5 St Lucie County Certificate of Capacity Date 12/21/2004 Certificate No. 1815 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 Conditional Use Permit Number of units 0 Number of square feet 2. Property legal description & Tax ID no. 3409-411-0001-010/6 Between 6001 and 6007 Oleander 3. Approval: Building Resolution No. 04-226 Letter 4. Subject to the following conditions for concurrency: see resolution Owner's name Stanley Klein Address 2654 South Indian River Drive Port St. Lucie FL 34984 6. Certificate Expiration Date 12/21/2005 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 development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed ~ý Date: 12/21/2004 Growth Management Director St Lucie County. Florida ...... z A .l C .,.- ,~~r¡' (]) .,.- I 0 I, '\" ~ I I '~i :If ~: "=d" ,. " ~ 0 :.~: (]) ..... " ~I c1) I C :J ~, ¡:; I \1 co 0 c ,. . ,. Q "to.,' +-' I, ¡ Cf) \ C ;~; , \ 0:: Oft.... 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