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Home My WebLink About12-115Resolution No. 12-115 File No.: CU 220081426 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY DENYING A CONDITIONAL USE PERMIT FOR A MINING OPERATION (SAND AND COQUINA ROCK) IN THE AG-5 (AGRICULTURAL -1 DU/5 ACRES) ZONING DISTRICT FOR PROPERTY LOCATED 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. In 2008, MCZ/Centrum Citrus Farms, LLC, filed a Petition for a Conditional Use Permit to allow for the operation of a Class 2 Mining Operation to be known as MCZ 1200 Acre Parcel, in the AG-5 (Agricultural - 1du/5 acre) Zoning District for the property depicted on the attached map in Exhibit "A"and described in Part B below. On June 17, 2010, 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 continued the meeting at the Applicant's request to the August 19, 2010 Planning and Zoning Commission meeting. 3. On August 19, 2010, the Planning and Zoning Commission resumed the public hearing and by a vote of 5-1, recommended that the Board of County Commissioners deny the hereinafter described request for a Conditional Use Permit Approval inthe AG-5 (Agricultural, l du/S acres) Zoning District for the property described in Part B. 4. On December 7, 2010, this Board held a public hearing on the Petition, after publishing a 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 continued the meeting at the Applicant's request to the February 1, 2011 Board meeting. 5. On February 1, 2011, this Board resumed the public hearing on the Petition and heard and considered testimony of the proposed conditional use and at the Applicant's request, continued the meeting to a date uncertain with the provision that an update on FDOT transportation improvements to Orange Avenue be provided to the Board within 90 days. 6. On May 17, 2011, this Board received an update from the County Engineer on FDOT transportation improvements to Orange Avenue. At the Applicant's request, this Board scheduled a public hearing on the Applicant's Petition on September 4, 2012. After the public hearing was advertised, the Applicant sent a letter requesting another continuance to January, 2013. At the September 4 public hearing, the Board considered the Applicant's request for a continuance, heard testimony from the Applicant and the public and based on the testimony and considering the number of continuances previously granted, the Board unanimously denied the request for a continuance. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3756160 1010/2012 at 11:20 AM OR BOOK 3440 PAGE 2971 - 2975 Doc Type: RESO RECORDING: $44.00 8. After considering and denying the Applicant's request for a continuance, this Board held a public hearing on the Petition and considered testimony of the proposed conditional use, after publishing a notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. FINDINGS WHEREAS, the Board determined that adequate notice was provided to all parties, all parties had the opportunity to be heard and were granted the right to cross-examine witnesses. Based on the evidence presented by staff, the Applicant and the public, the Board finds that the conditional use does not comply with the standards of review as stated in Section 11.07.03(A) of the St. Lucie County Land Development Code and is inconsistent wit the County's Comprehensive Plan. In addition, the Board determined: A. Pursuant to Section 11.07.01(A) of the Land Development Code, conditional uses require individual review of their location, design, intensity, configuration and public facility impact in order to determine the appropriateness of the use on any particular site. B. The location and intensity of the proposed use are incompatible with the existing surrounding character of land that is mainly comprised of agricultural uses (farming, cattle ranches, equestrian farms, nurseries and rural residences). The proposed permit conditions are insufficient to achieve land use compatibility in this particular instance. C. The impacts and the intensity of the proposed conditional use will have an undue adverse effect on adjacent property and other matters affecting the public health, safety, and general welfare which include: A high number of school bus stops along the Orange Avenue corridor that would be in conflict with truck haul traffic, especially given the present configuration of that roadway; Certain approaches at the Orange Avenue at Kings Highway intersection are anticipated to reach deficient queuing and turn lane capacity, thus resulting in traffic delays during peak hours; The inability to enforce specified truck routes would result in impacts on other roads that also lack adequate infrastructure improvements that are necessary to provide protection to the general public which include shoulders, guardrails and sidewalks. 4. The traffic data indicates a significant number of accidents on Orange Avenue resulting in injuries and fatalities. Orange Avenue lacks infrastructure improvements (guardrails, sidewalks, cross-walks, improved shoulders, etc.) that are needed to provide safety for vehicles and pedestrian foot traffic, especially given the volume of heavy truck traffic that the proposed use would generate. The proposed dirt road would generate a significant amount of dust which would negatively affect the surrounding residences. CONCLUSION NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, having made the findings set forth above, makes the following determination: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, the Petition fora ' Conditional Use Permit for the operation of a sand and coquina rock mine to be known as MCZ1200 Acre Parcel, in the AG-5 (Agricultural - 1 du/5 acre) Zoning District, at the location described in Part B, and depicted on the map attached as Exhibit A, is hereby denied. ', The subject property is described as follows: PARCEL A THE EAST 3/4 OF SECTION 32, TOWNSHIP 34 SOUTH, RANGE 38 EAST LESS AND EXCEPTTH EREFROM THAT PROPERTY CONVEYED TO THE FLORIDA STATE TURNPIKE AUTHORITY BY WARRANTY DEED RECORDED IN O.R. BOOK 52, AT PAGE 92 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND LESS AND EXCEPTTHEREFROM THAT PROPERTY CONVEYED TO THE CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT BY WARRANTY DEED RECORDED IN O.R. BOOK 56, AT PAGE 581 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND THE EAST 3/4 OF SECTION 5, AND THAT PART OF THE EAST 3/4 OF THE NORTH 1/2 LYING NORTH OF ORANGE AVENUE EXTENSION (STATE ROAD 68 A/K/A STATE ROAD 162) OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 38 EAST. PARCEL B ALL THAT PORTION OF THE WEST 1/4 OF THE NORTH 1/2 OF SECTION 8, TOWNSHIP 35 SOUTH, RANGE 38 EAST, LYING EASTOFTHE CENTERLINE OF MINUTE MAID ROAD AS LAID OUTAND IN USE, AND ALL OF THAT PORTION OF THE WEST 1/4, LESS THE NORTH 1689 FEET THEREOF OF SECTION 5, TOWNSHIP 35 SOUTH, RANGE 38 EAST LYING EAST OF THE CENTERLINE OF MINUTE MAID ROAD AS LAID OUT AND IN USE. PARCEL C ALL THAT PORTION OF THE NORTH 1689 FEET OF THE WEST 1/4 OF SECTION 5, TOWNSHIP 35 SOUTH, RANGE 38 EAST, LYING EAST OF THE CENTERLINE OF MINUTE MAID ROAD AS PRESENTLY MAINTAINED AND USED. PARCEL ID NUMBERS: 220811100020009; 220511100020000; and 123211100030008 After motion and second, the vote on this Resolution was as follows: Chris Dzadovsky, Chairman AYE Tod Mowery, Vice-Chair AYE Paula A. Lewis, Commissioner AYE Chris Craft, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 4"' day of September 2012. ATT T•- Dep Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE CO BY: hairman APPROVED A~TO FORM AND CORR CT~E9S:,...~ BY: County Exhibit A Site Location Map 0 L W h!~:j~ l].' ~I L I ~ ~: Turn ike ~ ~' _ Can -2 N { c Y Oran e Ave ~ ~ a -a 0! ~ G~ ~ ~ ~ ~ ~~ " ~ ~ ~~ N a ~~ ~ U: ~ ~ ~ o ~ eeehobee K cv ~ i m O v ~ =i Midwa Rd N i ~, J ~ Qi September 4, 2012 File No.: CU 220081426 Page 5 Resolution No. 12-11!