Loading...
HomeMy WebLinkAbout01-021 C ~ytb·. brnD .' PWô Trr8 fin fJ¿ 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 01-021 FILE NO.: CU-01-001 A RESOLUTION GRANTING CONDITIONAL USE AND MINOR SITE PLAN APPROVAL TO ALLOW THE RETAIL SALE OF FARM EQUIPMENT AND RELATED ACCESSORIES IN THE AG-1 (AGRICULTURAL -1 DU/ACRE) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: CONDITIONAL USE PERMIT 1. Sunrise Tractor & Equipment. presented petition for a Conditional Use Permit for the purpose of allowing the construction and operation of a retail sales facility for farm equipment and related accessories on property in the AG-1 ( Agricultural- 1 du/ac) Zoning District, more particularly described below, with said Conditional Use to be known as Sunrise Tractor & Equipment. 2. On April 19, 2001, the S1. 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 AG-1 (Agricultural - 1 du/acre) Zoning District for the property described below. 3. On May 15, 2001, 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 S1. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the S1. 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. File No.: CU-01-001 May 15, 2001 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 274393111/14/2005 at 02:50 PM OR BOOK 2412 PAGE 868 - 874 Doc Type: RESO RECORDING: $61.00 Resolution 01-021 Page 1 r ' 1 2 3 6. 4 5 6 7. 7 8 9 10 11 12 13 8. 14 15 16 17 18 19 9. 20 21 22 23 24 10. 25 26 27 28 11. 29 30 31 32 33 12. 34 35 36 37 13. 38 39 40 41 14. 42 43 44 15. 45 46 The proposed project will be serviced by adequate public facilities and services. A Certificate of Capacity as required under Chapter V, S1. Lucie County Land Development Code, a copy of which is attached to this resolution, was granted by the Community Development Director on May 15, 2001. SITE PLAN Sunrise Tractor & Equipment presented a petition for Site Plan Approval to construct a 26,100 square foot retail sales facility for farm equipment and related accessories to be known as Sunrise Tractor & Equipment in the AG-1 (Agricultural - 1 du/acre) Zoning District for the property described below. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet all minimum technical requirements of the S1. Lucie County Land Development Code and to be consistent with the S1. Lucie County Comprehensive Plan. The proposed project is consistent with the general purpose, goals, objectives, and standards of the S1. Lucie County Comprehensive Plan and the S1. 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. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The proposed project is to be served by adequate public facilities and services. A Certificate of Capacity as required under Chapter V, S1. Lucie County Land Development Code, a copy of which is attached to this resolution, was granted by the Community Development Director on May 15, 2001. File No.: CU-01-001 May 15, 2001 Resolution 01-021 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: CONDITIONAL USE PERMIT A. Pursuant to Section 11.07.03 and 11.07.040f the S1. Lucie County Land Development Code, a Conditional Use Permit for Sunrise Tractor and Equipment to allow the retail sales of farm equipment and related accessories in the AG-1 (Agricultural- 1 du/acre) Zoning District is hereby qranted for the property described as follows: PARCEL 1 From The Northeast Corner of The Northwest Quarter of Section 27, Township 35 South, Range 39 East, Run South Along The Quarter Section Line 1,128.04 Feet to a Point on The South Right-of-way Line of State Road 70, Also Known as Okeechobee Road; Thence, Following Said South Right-of-way Line Run South 72°21'30" West, a Distance of 255.00 Feet to The Point of Beginning; Thence, Continue Along Said Right-of-way Line, Run South 20°28'30" East, a Distance of 245.00 Feet; Thence, Run North 64°32'00" East, a Distance of 622.77 Feet; Thence, Run North 168 Feet to The Point of Beginning. Less And Except Right-of-way For Okeechobee Road. PARCEL 2 Commence at The Northeast Corner of The Northwest One-quarter of Section 27, Township 35 South, Range 39 East, St. Lucie County, Florida; Thence, South Along The East Line of The Said Northwest One-quarter of Section 27, a Distance of 1,128 Feet, to The Intersection With The "Old" South Right-of-way Line of State Road 70 (Okeechobee Road); Thence, South 71° 21'30" West, Along The Said "Old" South Right-of-way Line, a Distance of 935.00 Feet, to The West Line of That Parcel of Land as Described in O.r. Book 197, Page 787, Public Records of St. Lucie County; Thence, South 20° 28'30" East, Along The West Line of Said Parcel as Described in O.r. Book 197, Page 787, a Distance of 245.00 Feet to The Southwest Corner of Said Parcel, ; Thence, North 64°32'00" East, Along Said South Line, a Distance of 100.00 Feet to The Point of Beginning of The Following Described Parcel: Thence, South 05°53'26" East, a Distance of 293.78 Feet; Thence, North 64°04'49" East, a Distance of 491.83 Feet; Thence, North 0°23'15" West, a Distance of 305.02 Feet to The Southeast Corner of The Aforesaid Parcel Described in O.r. Book 197, Page 787; Thence, South 64°32'00" West, Along The South Line of The Aforesaid Parcel, a Distance of 522.77 Feet to The Point of Beginning. Containing 3.21 Acres, More or Less (Tax Id #'S: 2327-214-0005-000/2 And Part Of: 2327-214-0010-000/0) (Location: 9901 Okeechobee Road. South side of Okeechobee Road, approximately one-third mile west of Gentile Road.) File No.: CU-01-001 May 15, 2001 Resolution 01-021 Page 3 1 B. 2 3 4 5 6 7 C. 8 9 10 11 12 13 D. 14 15 16 17 18 19 E. 20 21 22 23 24 25 26 27 F. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The approvals and authorizations granted by this Resolution are for the purpose of obtaining building permits on this property and shall expire on May 15, 2002, unless the developer has obtained a building permit approval for the site plan described in Part E or an extension has been granted in accordance with Section 11.07.05(F) of the S1. Lucie County Land development Code. The conditional use approvals and authorizations granted by this Resolution shall be deemed to authorize only the particular use for which it has been issued and shall automatically expire and cease to be of any force or effect if the approved use use shall, for any reason, be discontinued for a period of twelve (12) consecutive months. A copy of this resolution shall be attached to the site plan drawings described in Part E, which plans shall be placed on file with the S1. Lucie County Community Development Director. SITE PLAN Pursuant to Sections 11.02.07, 11.02.09, 11.07.03 and 11.07.05(B) of the S1. Lucie County Land Development Code, the Minor Site Plan for the project to be known as Sunrise Tractor and EQuipment be, and the same is hereby, approved as indicated on the site plan drawings for the project prepared by Culpepper & Terpening, Inc., dated March 27, 2001, and date stamped received by the S1. Lucie County Community Development Director on May 2,2001, is being granted on the property described in Part A of this Resolution. Provision of Reserved Parking Areas: Consistent with the project site plan referenced in Paragraph C above, the approvals granted through this Resolution shall also include the entering into of a voluntary Reserved Parking Agreement where the number of paved parking stalls associated with this development may be reduced to 71 , with 70 parking stalls being left as grassed reserved areas, subject to the following limiting conditions: 1. Through the granting of this resolution, the petitioner, including any heirs, successors, or assigns, hereby agrees to reserve the areas shown as reserved parking on the project site in perpetuity and shall under no condition allow these areas to be encroached upon, used, sold, leased, or conveyed, for any purpose except in conjunction with the building or use which the reserved parking area serves so long as the off-street parking facilities are required. 2. This Reserved Parking Agreement may only be voided by the County Commission if the reserved parking area is converted to usable parking area or if the reserved parking area is determined by code to no be longer required. File No.: CU-01-001 May 15, 2001 Resolution 01-021 Page 4 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 G. The approvals and authorizations granted by this Resolution are for the purpose of obtaining building permits on this property and shall expire on May 15, 2002, unless the developer has obtained a building permit approval for the site plan described in Part E or an extension has been granted in accordance with Section 11.07.05(F) of the S1. Lucie County Land Development Code. H. The Conditional Use Permit and Minor Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Sunrise Tractor and Equipment, including any successors in interest, shall obtain all necessary permits and authorizations from the appropriate Local, State, and Federal regulatory authorities, including, but not limited to; South Florida Water Management District, prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B of this resolution. I. 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/Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07 .05(F) of the S1. Lucie County Land Development Code, a new certificate of capacity shall be required. J. A copy of this resolution shall be attached to the site plan drawings described in Part E, which plan shall be placed on file with the S1. Lucie County Community Development Director. Further, the S1. 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 S1. 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: Chairwoman Frannie Hutchinson AYE AYE AYE AYE AYE Vice-Chairman Doug Coward Commissioner Paula A. Lewis Commissioner John D. Bruhn Commissioner Cliff Barnes File No.: CU-01-001 May 15, 2001 Resolution 01-021 Page 5 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 ';/''4 PASSED AND DULY ADOPTED this 15th day of May 2001 ''';Jø~~~': j ,Æ . ,-':}~/'. \ '"I" ;" '''" /' /;" T~;::~y;, !~ii·,'~,·~·..C',~·:/·~\· ! ~ ,. \ j .;/) ATTEST: '. ,'~f)i ''''~;£ 1lJ: ·7,::J ". ..: ,(., [ ~c C :~:.; ~ ~." '~;.' 1 tfl/ LLz t2¡/¿þø~ -~ Deputy Clerk 01-021a(h) File No.: CU-01-001 May 15, 2001 ,:;-..; -' t.... : ·_~/~".~:tf:~m . , "9 BOARD OF COUNTY CbM"MlsStOr>J~Rl'" ^ ST. LUCIE COUf'JTY, FLORtaÀ' , i~:..r~' ::',:~. ,/ ,.F~'{:"::Jl:FŠ ,.t'< ). r _. v'" (?/Jr"'tKai;~~i,~~YJ . BY \,.... Resolution 01-021 Page 6 St Lucie County Certificate of Capacity Date 5/15/2001 Certificate No. 506 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. 2327-214-0005-000/2 990 I Okeechobee Road Sunrise Tractor & Equipment 3. Approval: Building Resolution No. 01-021 Letter 4. Subject to the fOllowing conditions for concurrency: N/A Owner's name Thomas R. Kindred, Jr. Address 6101 Orange Avenue Fort Pierce FL 34941 6. Certificate Expiration Date 5/15/2002 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 ~vnL I~ Date: 8/31/2005 ~L- Growth Management Director St Lucie County. Florida Wednesday, August 31, 2005 Page 1 of2