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Home My WebLink About04-076 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 255134202/04/2005 at 03:24 PM OR BOOK 2153 PAGE 1544 - 1551 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 RESOLUTION 04-076 FILE NO.: CU-04-003 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 Soard 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. Cheryl and Mark Griffin. 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 "S" below. 2. On March 18, 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 Soard 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 District for the property depicted on the attached Maps and described in Part S below. 3. On April 20, 2004, this Soard 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. That meeting was continued to the May 4, 2004, public hearing of the Soard of County Commissioners. 4. On May 4, 2004, this Soard reconvened the public hearing on the petition. 5. 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. 6. 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. File No.: GU-04-003 May 4,2004 Resolution 04-076 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 7. The proposed Conditional Use will be serviced by adequate public facilities and services. 8. 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 Community Development Director on April 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 Cheryl and Mark Griffin, 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 described below, subject to the following conditions: 1. The applicants must continue to live on the subject property in order to allow the conditional use permit to remain in effect. 2. The applicants must retain a minimum 20-foot buffer along all property lines so as to not encroach on adjacent properties. 3. The removal of any native vegetation shall require a Vegetation Removal Permit issued by the Environmental Resources Division. 4. The applicants may obtain letters of release from the adjacent property owner to the east to support a waiver from the Board of County Commissioners of the 8- foot fence requirement between residential and non-residential uses along this property line. 5. The applicants must obtain a waiver of the 8-foot fence requirement from the Board of County Commissioners or provide for the fence along the eastern property line. 6. Only plant material grown on-site may be sold. 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: File No.: CU-04-003 May 4, 2004 Resolution 04-076 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 D. 16 17 18 19 20 E. 21 22 23 24 25 26 27 28 F. 29 30 31 32 33 34 G. 35 36 37 38 39 40 41 42 43 44 45 46 47 THAT PART OF THE EAST 5 ACRES OF THE WEST 10 ACRES OF THE SOUTHEAST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 10, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE CO. FL LYING WEST OF THE FOLLOWING DESCRIBED TRACT FROM THE NORTHWEST CORNER OF THE SOUTHEAST ONE QUARTER OF THE NORTHEAST ONE QUARTER RUN EAST ALONG NORTH LINE 310.29 FEET FOR THE POINT OF BEGINNING THENCE CONTINUE EAST 620.58 FEET THENCE SOUTH TO SOUTH LINE OF THE SOUTHEAST ONE QUARTER OF THE NORTHEAST ONE QUARTER TO A POINT 929.91 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHEAST ONE QUARTER OF THE NORTHEAST ONE QUARTER THENCE WEST 619.94 FEET TO THE POINT OF BEGINNING. (Tax ID#: 2310-142-0001-000/2) (Location: 9290 Orange Avenue) This Conditional Use Permit approval shall expire on May 4, 2005, unless a zoning compliance is obtained or an extension is granted in accordance with Section 11.02.06(B)(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, Cheryl and Mark Griffin, 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 B. 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. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis AYE Vice-Chairman John D. Bruhn AYE Commissioner Frannie Hutchinson AYE File No.: CU-04-003 May 4, 2004 Resolution 04-076 Page 3 1 2 Commissioner Doug Coward 3 4 Commissioner Cliff Barnes 5 6 7 PASSED AND DULY ADOPTED This 4th Day of May 2004. 8 9 10 11 12 13 14 15 BY 16 17 18 19 ATTEST: 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 hf 46 H:\ W ORD\Petitions\BCC\Finished.04\GriffinCU\GriffinCU-RES.doc 47 AYE AYE .".... .";."'."'."." File No.: CU-04-003 May 4,2004 Resolution 04-076 Page 4 1 2 3 Exhibit A 4 5 6 Maps 7 8 · General Location Map · Area Subject to the Conditional Use Permit Approval · Certificate of Capacity 9 10 11 12 13 14 15 16 17 18 File No.: CU-04-003 May 4, 2004 Resolution 04-076 Page 5 c ...... Z '+- f' '+- !o.- C9 0J (II 7 ~ 0 1- ..:::J::. 0 !0.- j 'O~· .. i cu . ~ I ~ 0 ~ .~~. I I oð :J þ. ~ 0 c. ~ ~ J \ C. CD , ..c 0 e i ." ~"t ~ -\ ., ! ... '" ,.., II: ~ Z ::) 0 u a: UJ > ã: ... .. ,.., II: Z « 0 ~ ~ z ::) o u '" ,.., c ~, t5 .0 I: Q)+-'¡ 5' .--' cr1.. :;;, ° ÜI I: ct.3 I I I ciYóio:wò,_ 0'I0Ii' _~ 1I3OY~ 0f0II 0]3115 0f0II -..olW z ... f= .. a: ,.., « ::!E ÓIi~-WD II: pz-:) l't'N't'J ~ VNV ... I tf)tD., " /"~ ... ,.., ~ II: s ~( 1 S S( 1 S 9( 1 , AlNnO::J 3380H::J33~O c¡. A Petition of Cheryl and Mark Griffin, for a Conditional Use Permit to allow Landscaping and Horticulture Services in the AR-1 (Agricultural, Residential) Zonin District. c Conol No. 4 Oran e Avenue I I I I L-L-ol 2 A I ~I ~ r- -g 8 0 I W r: I " 1- ~ CU 04-003 ~ / / / / ~ This pattern indicates rLLLLLj subject parcel 5è ~""",~, i GIS, -=--=__..::=.. ~ Map prepared March 2, 2004 Ttis map has been compIed b genet8I planning and reference purposes only. N 'MIlle fM¥'/ efIort haI been made 10 prcMde the moel CU'I'OI'II and 8CCUf8te Information possible, it is noIlnt8nd8d for lJse as a IegaRy binding doclmenI St Lucie County Certificate of Capacity Date 5/4/2004 Certificate No. 1591 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 - Plant Nursery Number of units 0 Number of square feet 2. Property legal description & Tax ID no. 2310-142-0001-000/2 9290 Orange A venue 3. Approval: Building Resolution No. 04-076 Letter 4. Subject to the following conditions for concurrency: See Resolution 04-076. Owner's name Cheryl and Mark Griffin Address 9290 Orange Avenue Fort Pierce FL 34945 6. Certificate Expiration Date 5/4/2004 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 ent orderissued with this certificate, or for subsequent development or, (s) issued f the same property, use and size as described herein. Signed Date: 5/6/2004 Com ity Development Director St Lucie County, Florida Thursday, May 06, 2004 Page 1 of 1