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HomeMy WebLinkAbout11-206 RESOLUTION NO. 11-206 A RESOLUTION REVOKING CONDITIONAL USE PERMIT NO. CU-00-006 GRANTED BY RESOLUTION NO. 00-022 ALLOWING FOR THE OPERATION OF AN AIR CURTAIN INCINERATOR IN THE U (UTILITIES) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the F following determinations: x 0 1. Treasure Coast Land Clearing and Treasure Coast Tractor Service, Inc. presented a petition for a Conditional Use permit to allow the operation of an air curtain incinerator in the U g ~ ~ (Utilities) Zoning District. W f- ~ O 0 oQ 2. On May 30, 2000, this Board held a public hearing on the petition after publishing a notice ~ ° N of such hearing and notifying by mail all owners of property within 500 feet of the subject ~ ~ = ~ property and granted the Conditional Use Permit by Resolution No. 00-022. V f-NN x~~~o ~ONQ~ ~ ~ ~ a ; 3. Section 11.07.05 of the St. Lucie County Land Development Code provides for revocation NWT ui ~ ~ ~ ~ of conditional use ermits for violation of an condition im osed u on such a x3~Y? p y p p pprovaland W z ~ go upon complaint and proof of adverse effect on any adjacent properties. ~_Wm N LL ~ W O~ 4. Pursuant to Resolution No. 00-022, Treasure Coast Land Clearing and Treasure Coast Tractor Service are required to maintain a cash security fund, bond or irrevocable line of credit to secure the cost of removing all accumulated land clearing and yard trash at all times. Currently, no security has been provided to St. Lucie County as required pursuant to Paragraph A(14) of Resolution No. 00-022. 5. Permission to hold a public hearing on March 1, 2011 to consider revoking the conditional use permit was granted by the Board of County Commissioners on February 1, 2011. The item was continued to March 22, 2011 at the March 1, 2011 public hearing. 6. On March 22, 2011, the Board of County Commissioners having heard comments and received evidence of the operation, including testimony from Mr. John Talley, on behalf of Treasure Coast Land Clearing, Inc., continued the matter to October 18, 2011 to give the permit holder time to obtain the required security. 7. On October 18, 2011, permission was granted to set for public hearing as no security had been received by St. Lucie County. 8. Notice of a December 6, 2011 public hearing was provided as required in Section 11.00.03 of the St. Lucie County Land Development Code. 9. On December 6, 2011, the Board of County Commissioners heard comments, received evidence and argument of Mr. John Talley on behalf of Treasure Coast Land Clearing. 10. Based on the comments, evidence and argument, the Permitee has violated a condition imposed by Resolution No. 00-022. Proof of adverse effect on adjacent properties was provided to the Board. 11. The Project remains in violation of paragraph A (14) of Resolution No. 00-022, which requires the petitioner to provide St. Lucie County a cash security, bond or provide the County with an irrevocable letter of credit in the amount of fifty thousand ($50,000) dollars. No security was provided to St. Lucie County. 12. Based on the evidence, the Project, as operated by Mr. John Talley on behalf of Treasure Coast Land Clearing has an undue adverse effect on adjacent property, due to the code violations, the accumulation of junk, trash and debris, the smoke and other matters affecting the public health, safety and general welfare. 13. Revocation is consistent with the general purpose goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehenesive Plan and the Code of Ordinances of St. Lucie County. 14. All affected parties were provided notice of the hearing and an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.05 of the St. Lucie County Land Development Code, the Board of County Commissioners revokes the conditional use permit for the operation of an air curtain incineratoron property located on the south side of Orange Avenue, approximately 3,000 feet west of Sneed Road in the U (Utilities) Zoning District. B. Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed with the Department of Planning and Development Services in accordance with Section 11.00.04(F). C. The Property, which is the subject of this resolution is described as follows: The south 936 feet, less the East 100 feet, and less the West 100 feet, of the following described parcel: A parcel of land lying in Section 9, Township 35 South, Range 38 East, St. Lucie County, Florida, being more particularly described as follows: The East 1/2 ofthe East 1/2 of the Southwest 1/4 of Section 9, less the north 202 feet and the south 39 feet for road and canal right-of-way (9.9 acres). (Part of Tax ID. No. 2209-311-0001-000/9) (Location: South side of Orange Avenue, approximately 1,800 feet west of Sneed Road) D. Notification of the Board of County Commissioners PASSED AND DULY ADOPTED this 6th day of December 2011. ATTEST: BOARD OF COU ERS ST. LUC , F RIDA DEPUTY C C AIRMAN a~~,p r _ , ffi `,~o APPROVED AS TO LEGAL FORM AND ' CORRECTNESS: t i ~ r° ' ' A5~" COUNTY ATTORNEY r ~~J~. i:.iR 2(Y`}y.." ~ toy :LA_. i:sT.::.