HomeMy WebLinkAbout08-010 BOA
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EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 321880006/12/2008 at 08:55 AM
OR BOOK 2983 PAGE 1567 - 1571 Doc Type: RESO
RECORDING: $44.00
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BOARD OF ADJUSTMENT
RESOLUTION NO.08-010
File No.: APP 120081394
A RESOLUTION AFFIRMING THE DECISION OF THE ST. LUCIE COUNTY
GROWTH MANAGEMENT DIRECTOR REQUIRING A CONDITIONAL USE AND
MINING PERMIT BE OBTAINED FOR THE PROPOSED EXCAVATION AND
REMOVAL OF MATERIAL TO CREATE A 32-ACRE LAKE ON 152.08-ACRES FOR
CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and
evidence, including, but not limited to the staff report, has rrade the following determinations:
1, Mr. Johnathan P. Ferguson, with Ruden McLosky, P,A., on behalf of Mr. Carl A.
Powers, presented a petition to appeal the decision of the St. Lucie County Growth
Management Director, Mark Satterlee, requiring the applicant to apply for and
receive approval of a conditional use and mining permit for the proposed extraction
and removal of material to create a 32-acre lake on 152.08 acres located in the AG-5
(Agricultural- 1 du/5 acres) Zoning District, prior to site plan approval for the Citrus
Lakes Estates Minor Site Plan, as depicted on the attached maps as Exhibit "A" and
described below,
2, On April 23, 2008, 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.
3, After consideration of the testimony presented during the public hearing, including
staff comments, agenda package and the standard of review to be utilized by this
Board on matters involving a decision, order, determination or interpretation of any
administrative official of the County with respect to the provisions of the Land
Development Code of St. Lucie County Sections 11.11.00, the Board of Adjustment
moved to deny the reversal of the decision of the Growth Management Director with
respect to the provisions of Section 11.02.03 of the Land Development Code and
made the following determinations:
a. The petition of St. Lucie Citrus Consulting, LLC, appealing the Director's
decision requiring the applicant to apply for and receive approval of a separate
conditional use and mining permit for the proposed extraction and removal of
material to create a 32-acre lake located on 152.08 acres in the AG-5
(Agricultural- 1 du/5 acres) Zoning District, prior to site plan approval for the
Citrus Lakes Estates minor site plan is denied,
b, There is not substantial competent evidence in the record that an error was
made by the Growth Management Director in requiring a separate conditional
SA Resolution 08-010
April 23, 2008
St. Lucie Citrus Consulting, LLC
File No,: APP 120081394
Page 1
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use permit and mining permit. A minor site plan was submitted proposing 4-lot
subdivision and including a 32-acre lake, up to 25 feet deep that might result in
the hauling of up to 1.3 million cubic yards of material off-site and using a public
road which meet or exceed the thresholds in the St. Lucie County Land
Development Code for the definition of mining activity.
c, The proposed 32 acre lake, 25 feet deep located in an AG-5 one dwelling per
five acres zoning district is not a necessity and would prove to be the following:
1) disturbance to the water supply;
2) disturbance to the adjacent landowners; and,
3) harm to Ideal Holding Road and its users;
which would be appropriately addressed through the mining permit process,
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. Mr. Johnathan P. Ferguson, with Ruden McLosky, P,A., on behalf of Mr, Carl A.
Powers, presented a petition to appeal the decision of the St. Lucie County Growth
Management Director, Mark Satterlee, requiring the applicant to apply for and receive
approval of a separate conditional use and mining permit for the proposed extraction
and removal of material to create a 32-acre lake located in the AG-5 (Agriculture - 1
du/5 acres) Zoning District, prior to site plan approval for the Citrus Lakes Estates
Minor Site Plan, as depicted on the attached maps as Exhibit "A" and described
below,
NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 36 SOUTH, RANGE 38 EAST, LESS AND
EXCEPT THE NORTH 50.5 FEET, THE WEST 50 FEET AND THE SOUTH 47 FEET, ALL IN
ST. LUCIE COUNTY, FLORIDA. CONSISTING OF APPROXIMATELY 152.08 ACRES.
LOCATION: East side of Ideal Holding Road approximately 1.05 miles south of
SR 70
B, The petition to appeal the decision of the St. Lucie County Growth Management
Director, Mark Satterlee, requiring the applicant to apply for and receive approval of
a conditional use and mining permit for the proposed extraction and removal of
material to create a 32-acre lake on a 152 acres located in the AG-5 (Agriculture-1
du/5 acres) Zoning District, prior to site plan approval for the Citrus Lakes Estates
Minor Site Plan, is herebydenied,
C, This decision of the Board of Adjustment shall be mailed to all parties by the Growth
Management Director, in accordance with ~ction 11,OO,04(F).
D, This decision of the Board of Adjustment shall be entered into the files APP
120081394 and MNSP 12007941 of the Growth Management Department.
SA Resolution 08-010
April 23, 2008
St. Lucie Citrus Consulting, LLC
File No,: APP 120081394
Page 2
After motion and second, the vote on this resolution was as follows:
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Chairman Ron Harris
Vice-Chairman Bob Bangert
Commissioner Buddy Emerson
Commissioner Diane Andrews
Commissioner Richard Pancoast
PASSED AND DULY ADOPTED This 23rd Day of April 2008,
YES
YES
NO
YES
ABSENT
ATTEST:
OF ADJUSTMENT
COUNTY, FLORIDA
~~./..-A~..I /~
Secretary
APPROVED AS TO FORM
AND CORRECTNESS:
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Asst. County Attorney
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G:\ 08-010 6-02-08 BOA Resolution St Lucie Citrus Consulting.doc
St. Lucie Citrus Consulting, LLC
File No.: APP 120081394
Page 3
BA Resolution 08-010
April 23, 2008
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APP 120081394
St. Lucie Citrus Consulting, LLC appeal from the decision by the Growth Management Director
to apply Provisions of Section 11,05.11 (A) ( 1) of the St. Lucie County Land Development Code
requiring a mining permit for property located in the AG-5 (Agricultural-1 du/5ac) Zoning District
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