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RESOLUTION 03-223
FILE NO.: CU-03-000
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO ALLOW THE DEVELOPMENT OF A COMMERCIAL
PLANT NURSERY IN THE AR-1 (AGRICULTURAL,
RESIDENTIAL - 1 DU/ACRE) ZONING DISTRICT ZONING
DISTRICT OF 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. Dale T. Mosher. presented a petition for a requested a conditional use permit in order to
allow the development of a commercial plant nursery in the AR-1 zoning district on
property located at 4200 Edwards Road, depicted on the attached maps as Exhibit "B"
and further described below.
2. On August 21, 2003, 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 requested
conditional use permit to allow the development of a commercial plant nursery change in
the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District, subject to certain
limiting conditions.
3. On September 16, 2003, 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 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 on-site water and sewer.
7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by
File No.: RZ-03-024
September 16, 2003
Resolution 03-085
Page 1
EDWIN M, FRY, Jr" CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 268550008/10/2005 at 02:03 PM
OR BOOK 2329 PAGE 783 - 791 Doc Type: RESO
RECORDING: $78.00
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the Community Development Director on June 6, 2000,
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 Dale T. Mosher, to allow for the development and of a
Commercial Plant Nursery in the AR-1 (agricultural, residential - 1 DU/Acre) zoning
district, is granted for the property described below, subject to the following conditions:
1.) The proposed commercial nursery operations at this location are for the purpose of
growing in-ground and container plantings. No greenhouses or other shade shelters
are to constructed or erected on this site without a specific adjustment approval to this
conditional use authorization.
2,) No-commercial vehicle or driveway access shall be permitted from the petitioned site
onto Rogers Road.
3.) A minimum 25 foot setback from the right of way of Rogers Road shall be maintained
for all areas of in-ground or container plantings.
4.) In granting this Conditional Use, the following accessory uses as identified in Section
3.01.03 of the Land Development Code are expressed prohibited from being placed on
this parcel, unless and except this conditional use is abandoned or amended pursuant
to applicable county regulations:
a. Agriculture (farms and ranches accessory to single-family detached dwelling).
(01/02)
b. Animals, subject to the requirements of Section 7.10.03. (999)
c. Guest house subject to the requirements of Section 7.10.04. (999)
d. Mobile Home subject to the requirements of Section 7.10.05. (999)
B. The property on which this Conditional Use Permit is being granted is described
as follows:
SECTION 30, TOWNSHIP 35 SOUTH, RANGE 40EAST. THE EAST % OF THE EAST 1/2 OF
THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 - LESS THE SOUTH 400 FEET - AND THE
NORTH 340 FEET OF THE SOUTH 1/2 OF THE WEST 1/2 OF THE EAST 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 - LESS THE NORTH 140 FEET OF THE EAST 171
FEET OF THE WEST 186 FEET - AND BEGINNING AT A POINT ON THE NORTH RIGHT-OF-
WAY OF EDWARDS ROAD 20 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTH
1/2 OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4
RUN NORTH PARALLEL TO THE EAST LINE OF SAID SECTION TO A POINT 20 FEET WEST
OF THE EAST LINE OF THE SOUTH 1/2 OF THE WEST 1/2 OF THE EAST 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 AND 340 FEET SOUTH OF THE SOUTH LINE OF
THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4, THENCE RUN
EAST 20 FEET, THENCE SOUTH TO THE NORTH RIGHT-OF-WAY OF EDWARDS ROAD,
THENCE WEST TO THE POINT OF BEGINNING. CONTAINING 9,67 ACRES, MORE OR
File No.: RZ-03-024
September 16, 2003
Resolution 03-085
Page 2
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8 C.
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15 D.
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LESS. (Tax ID#: 2430-111-0001-000/5)
(Location: 4200 Edwards Road)
owned by Dale T. Mosher, is hereby approved.
The approvals and authorizations granted by this Resolution for the purpose of
obtaining zoning compliance approvals on this property, shall expire on
September 16, 2004, unless the developer has obtained a zoning compliance
approval for the use 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 Conditional Use Permit approval granted under this Resolution is specifically
conditioned to the requirement that the petitioner, Dale T. Mosher, including any
successors in interest, shall obtain all necessary development permits and
construction authorizations from the appropriate State and Federal regulatory
authorities, including but not limited to; the United States Army Corps of
Engineers, the Florida Department of Environmental Protection, and the South
Florida Water Management District, prior to the issuance of any local building
permits of authorizations to commence development activities on the property
described in Part B.
The conditions set forth in Part A is an integral nonseverable part of the site plan
approval granted by this resolution. If the conditions set forth in Part 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,
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 Community Development 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 John D, Bruhn
AYE
Vice-Chairman Frannie Hutchinson
AYE
File No.: RZ-03-024
September 16, 2003
Resolution 03-085
Page 3
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Commissioner Doug Coward
Commissioner Cliff Barnes
Commissioner Paula Lewis
AYE
AYE
AYE
PASSED AND DULY ADOPTED this 16th Day of September 2003,
;-:- .J
~§
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File No.: RZ-03-024
September 16, 2003
,
,iJ/
BOARD OF COUNTY COMMISSI.oNER'S
ST. LUCIE COUNTY, FLORIDA ,/.
"
BY
Resolution 03-085
Page 4
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Exhibit A
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Certificate of Capacity
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File No.: CU-03-015
September 16, 2003
Resolution 03-085
Page 5
St Lucie County
Certificate of Capacity
Date 9/16/2003 Certificate No. 1392
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 5t
Lucie County Comprehensive Plan for:
1. Type of development Conditional Use Permit - Dale Mosher
Number of units 0
Number of square feet
2. Property legal description & Tax ID no.
2430-111-0001-000/5
4200 Edwards Road
N/A
3. Approval: BuildinQ
Resolution No. 03-223
Letter
4. Subject to the following conditions for concurrency:
See Resolution 03-223
Owner's name
Dale T, Mosher
Address
4200 Edwrads Road
Fort Pierce
FL 34952
6. Certificate Expiration Date 9/16/2004
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 development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed
rkl, 1~ 1.,J.t
Date: 9/16/2003
Growth Management Director
St Lucie County, Florida
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Exhibit B
Maps
General Location Map
Area Subject to the Change in
Zoning
File No.: CU-03-015
September 16, 2003
Resolution 03-085
Page 7
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A Petition of Dale T. Mosher for a Conditional Use Permit to Allow a Commercial
PI~Il'! Nursery in the AR-1 (Agricultural, Residential) Zoning District.
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