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HomeMy WebLinkAbout04-224 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 255132802/04/2005 at 03:24 PM OR BOOK 2153 PAGE 1457 - 1459 Doc Type: REsO RECORDING: $27.00 RESOLUTION NO. 04- 224 file No.: MJSP-03-015 and CU-03-019 A RESOLUTION DENYING A REQUEST fOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION Of A LIMEROCK MINING OPERATION IN THE AG-5 (AGRICULTURAL - 1 DU/5 ACRES) ZONING DISTRICT fOR PROPERTY LOCA TED 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. Dickerson-Florida. Inc. presented a petition for a Conditional Use Permit to allow the operation of a /imerock mining operation in the AG-5 (Agricultural - 1du/5 acres) Zoning District for the property described in Part B below. 2. On October 21, 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 recommending that the Board of County Commissioners deny the hereinafter described request for a Conditional Use Permit in the AG-5 (Agricultural - 1 du/5 acres) Zoning District for the property described below. 3. On December 7, 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. 4. The proposed Conditional Use is not consistent with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan and the applicant has not satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 5. The proposed project will have an undue adverse effect on adjacent property and will substantially change the character of the neighborhood. 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, -1- a Conditional Use Permit is denied for Dickerson-Florida. Inc. to allow the operation of a limerock mine, to be known as Dickerson Car/ton Road Mine, in the AG-5 (Agricultural - 1du/5 acre) Zoning District. B. The subject property is described as follows: Tract I ALL OF THE EAST HALF (E t) OF SECTION 9, TOWNSHIP 37 SOUTH, RANGE 38 EAST, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL, TO-WIT: BEGINNING A T THE NORTHWEST CORNER OF THE EAST HALF (E t) OF SAID SECTION 9, RUN EAST 52 FEET; THENCE RUN SOUTHERLY IN A STRAIGHT LINE 5339.35 FEET, MORE OR LESS, TO A POINT IN THE SOUTH LINE OF THE EAST HALF (E t) OF SAID SECTION 9, WHICH POINT IS 13 FEET EAST OF THE SOUTHWEST CORNER OF THE EAST HALF (E t) OF SAID SECTION 9; THENCE RUN WEST 13 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF (E t) OF SAID SECTION 9; THENCE RUN NORTH ALONG THE WEST LINE OF THE EAST HALF (E t) OF SAID SECTION 9 TO THE POINT OF BEGINNING. Tract II ALL OF THE EAST HALF (E t) OF SECTION 4, TOWNSHIP 37 SOUTH, RANGE 38 EAST, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL, TO WIT: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF (E t) OF SAID SECTION 4, RUN EAST 101.0 FEET; THENCE RUN SOUTHERLY IN A STRAIGHT LINE 5565.25 FEET, MORE OR LESS, TO A POINT IN THE SOUTH LINE OF THE EAST HALF (E t) OF SAID SECTION 4, WHICH POINT IS 52 FEET EAST OF THE SOUTHWEST CORNER OF THE EAST HALF (E t) OF SAID SECTION 4; THENCE RUN WEST 52 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF (E t) OF SAID SECTION 4; THENCE RUN NORTH ALONG THE WEST LINE OF THE EAST HALF (E t) OF SAID SECTION 4, TO THE POINT OF BEGINNING. Tract III THAT PART OF THE EAST t OF SECTION 33, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF THE CENTER LINE OF AN EXISTING ROAD RUNNING ALONG OR NEAR THE WEST SIDE OF SAID EAST t AND ALSO LYING SOUTH OF THE CENTER LINE OF AN EXISTING CANAL RUNNING ALONG OR NEAR THE NORTH SIDE OF SAID EAST t; SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN IN THE SOUTH LINE OF SAID SECTION 33 AT A POINT 49 FEET EAST OF THE SOUTH QUARTER CORNER OF SAID, SECTION 33 (SAID POINT BEING IN THE CENTER LINE OF AN EXISTING GRADED DIRT ROAD), RUN THENCE N 01°00' WEST ALONG THE CENTERLINE OF SAID ROAD 5218 FEET TO A POINT 75 FEET EAST AND 100.5 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 33, THENCE TURN AND RUN EASTERLY 52 FEET TO A POINT 127 FEET EAST AND 100.5 FEET SOUTH OF THE NORTH -2- QUARTER CORNER OF SAID SECTION 33 (SAID POINT BEING IN THE CENTER LINE OF AN EXISTING CANAL, WHERE SAID CANAL CENTER LINE TURNS TO THE EASTERLY), RUN THENCE ALONG THE CENTER LINE OF SAID CANAL, N88°06' E 681.4 FEET, THENCE SOUTH 82"11' EAST 147.6 FEET, STILL ALONG SAID CANAL CENTER LINE, THENCE NORTH 77 °11' EAST 381.4 FEET, STILL ALONG SAID CANAL CENTER LINE, THENCE SOUTH 89°58' EAST 1358.3 FEET, STILL ALONG SAID CANAL CENTER LINE, TO THE EAST LINE OF SAID SECTION 33 AT A POINT 23.3 FEET SOUTH OF THE NORTHEAST CORNER THEREOF, THENCE TURN AND LEA VE SAID CANAL CENTER LINE AND RUN SOUTH ALONG THE EAST LINE OF SAID SECTION 33 TO THE SOUTHEAST CORNER OF SAID SECTION 33, THENCE WEST 2568 FEET TO THE POINT OF BEGINNING. SAID TRACTS CONTAINING IN AGGREGATE 964.31 ACRES, MORE OR LESS. Location: West side of Carlton Road, approximately 4,500 feet north of intersection of Glades Cut-Off Road and Carlton Road After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Paula Lewis Commissioner Joseph E. Smith Commissioner Chris Craft NAY AYE AYE NAY AYE PASSED AND DULY ADOPTED this 7th day of December 2004. ',"1 ~._;~:-;:';~.'~~'.»... ?:."" r. >: u i~ J:i:<.~.,... .. t··,.....··:··'A··r:" /J 1;'~ :/(. \ . ',:' e,: f/ .'. . ..t.. ,..... , ~ '; ,'J !\·z.~,y \. . '. '." ",;". sX" '. _ "._".-~J ;.. ',.. -, '. ,ê". .~,t.1 \,. ~'-;'-:..",.. ;§ ~~~~ :~"- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, f Ä,; . '. . ,.. \. ;,¡()"I....,~ ~,'.....'.^...'.." ~:4'*',-~ ~\'(" 'f BY: B . -3-