The URL can be used to link to this page

Home My WebLink About13-117Resolution 2013-117 File No.: CU 520134620 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT APPROVAL TO ALLOW FOR THE ESTABLISHMENT OF A PRIVATE CEMETERY IN THE I(INSTITUTIONAL) ZONING DISTRICT FOR THE 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 findings in the staff report, has made the following determinations: 1. Adel Nefzi, on behalf of the Baraka Center of the Treasure Coast, presented a petition for a Conditional Use Permit to allow for the establishment of a private non-profit cemetery in the I(Institutional) Zoning District for the property depicted on the attached map in Exhibit "A" and described in Part B below. 2. On June 20, 2013, 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 aparove the hereinafter described Conditional Use Permit in the I(Institutional) Zoning District for the property described in Part B. 3. On July 2, 2013, 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. 4. The proposed Conditional Use Permit, with the conditions therein, 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. With the proposed conditions, the 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 applicant has received a Certificate of Capacity Exemption, a copy of which is attached to this order as Exhibit "B", as required under Chapter V, St. Lucie County Land Development Code. File No.: CU 520134620 Resolution 2013-117 July 2, 2013 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Pa e 1 SAINT LUCIE COUNTY 9 FILE # 3855829 p7 ~6 2013 at 0223 PNt OR BOOK 3539 PAGE 1079 - 1086 Doc Type; RESO RECORDtNG $69.50 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 that allows for the establishment of a non-profit cemetery for the Baraka Center of the Treasure Coast on the property described below is hereby approved subject to the following conditions: Prior to the issuance of a development permit or zoning compliance the applicant, successors or assigns shall obtain approval of a Minor Site Plan application in accordance with the provisions of Land Development Code Section 11.02.03. The site plan shall identify the location of grave spaces as set forth in Florida Statutes Chapter 497. The site plan shall also identify any public wells within 100 feet and private wells within 75 feet of the proposed buriaf sites to maintain the required distance from sanitary hazards and drinking water wells as described in Florida Administrative Code 62-532. 2. The required Minor Site Plan shall provide for the following improvements and features, which shall be provided prior to the issuance of zoning compliance and shall be maintained in perpetuity, unless otherwise approved by the Board of County Commissioners: a. A gated entrance shall be provided with the hours of operation posted. b. A 25 foot wide landscaped buffer shall be provided around the perimeter of the cemetery. The native vegetation shall be maintained and enhanced, as needed to provide a visual buffer. c. A wall or fence shall be provided on the inside of the 25 foot wide landscaped buffer. d. The Minor Site Plan shall be phased to provide for the western portion of the cemetery to be developed first. 3. The proposed non-profit cemetery must comply with all applicable law and rules including Chapter 497, Fla. Stat. and Rule 69-K, Fla. Admin. Code. 4. Prior to issuance of zoning compliance for an exempt cemetery, the applicant, successors or assigns shall submit a Report of Identification for an Exempt Cemetery to the State of Florida Division of Funeral, Cemetery & Consumer Services and provide their response to the St. Lucie County Planning and Development Services Department to demonstrate the cemetery is exempt from state licensing requirements. File No.: CU 520134620 July 2, 2013 Resolution 2013-117 Page 2 5. Within 90 days of site plan approval or prior to issuance of a development permit, whichever occurs first, the property owners, successors or assigns shall convey to St. Lucie County 10 feet of the petitioned property for the future right-of-way needs along Christensen Road. Such dedication shall be in a manner and form acceptable to the County Attorney. 6. Within 90 days of site plan approval or prior to issuance of a development permit, whichever occurs first, the property owner or assigns shall execute an agreement to pay a fee-in-lieu of construction for sidewalks or multi-purpose paths and remit to the County the required funds. The acceptable method of payment shall be a certified check payable to St. Lucie County. 7. Prior to issuance of a vegetation removal permit or exemption, a Minor Site Plan shall be submitted, indicating the required opaque wall or fence along the north and east property lines. A waiver from this requirement may be approved by the ERD director if the owners of neighboring properties fronting on or adjacent to the subject parcel provide written consent agreeing to the waiver of the wall requirement. [LDC 7.09.04.E] 8. Prior to Minor Site Plan Approval, required tree mitigation, shall be fulfilled as required by the LDC. If standard mitigation is proposed per LDC 6.00.05(D)3.a, a mitigation plan is required, identifying trees to be removed during construction: trees preserved for mitigation and distinguish those from trees to meet required landscaping. Because of the quality of habitat on this site, ERD will consider approval of alternative mitigation per LDC 6.00.05(D)3.b, which preserves 25% of the site and meets all tree mitigation requirements for the property. 9. Prior to issuance of a Vegetation Removal Permit or Exemption, a gopher tortoise survey per Florida Fish and Wildlife Conservation Commission protocol, shall be provided to the Environmental Resources Department. Should the survey show impacts to gopher tortoises a Florida Fish and Wildlife Conservation Commission permit shall be required. 10. Prior to issuance of a Vegetation Removal Permit or Exemption, a pre- construction meeting with ERD staff is required to verify tree protection measures have been installed. 11. Per Florida Statute 125.022, the issuance of development approval does not create any liability on the part of the county if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. File No.: CU 520134620 July 2, 2013 Resolution 2013-117 Page 3 12. Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. 13. Cemetery use is the sole use permitted on this property. Any additional use, including an additional permitted use, will be considered a Major Adjustment to the Conditional Use, and required public hearing by the Board of County Commissioners. 14.A11 burials in the cemetery shall be in a sealed concrete vault. 15.A11 grave markers shall be flush with the ground surface, except for securely mounted flower vases. 16. The cemetery rules and bylaws shall be submitted to the county for the project file. B. The subject property is described as follows: LOT 100, LESS TRACT 208 FEET X 300 FEET IN THE NORTHEAST CORNER AND LESS TRACT 208.71 FEET SQUARE TO BILLMAN AND LESS THE WEST 135.00 FEET, WHITE CITY SUBDIVISION, SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS, OF ST. LUCIE COUNTY, FLORIDA. Parcel ID No.: 3403-502-0190-0005 Location: Christensen Road, approximately100 feet south of West Midway Road. C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County, and are not assigned to any other party or institution. Should the petitioners choose or decide to assign this business to another entity or individual, a minor adjustment to the Conditional Use Permit shall be required. D. The approvals and authorizations granted by this Resolution shall expire on July 2, 2014, unless a Building Permit or Certificate of Zoning Compliance for is obtained for the uses 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. File No.: CU 520134620 July 2, 2013 Resolution 2013-117 Page 4 E. The Certificate of Capacity Exemption, 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 document shall be required. F. The St. Lucie County Planning and Development Services Department 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 the notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Tod Mowery AYE Vice-Chairman Frannie Hutchinson AYE Commissioner Chris Dzadovsky AYE Commissioner Paula Lewis AYE Commissioner Kim Johnson AYE PASSED AND DULY ADOPTED this 2nd day of July, 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY ~I1~ 11I~ 1.~, _ Chairman ~ APPROVED AS TO FORM AND CORRECTNESS: File No.: CU 520134620 July 2, 2013 'l~-~~ ~ COUNTY A'TTORNEY Resolution 2013-117 Page 5 n rrrnT. CU-520134620 Zoning Christensen Road Cemetery ' ~ II! - - { ' 0 ~ & AF:1 ~ AR-1 ' w Z - ` ~, N ~ .. W--_~__- " Z ~ HK-'I N ~ z w ~~ ~ fi N ~. ~ ~ ~ ~ ~ ~ CG ~ _ ~, _ I ;P I .' ~? ' ~ .~~ ~ I~ - ~ ~ C~ ~ '~ ~~~ ~ CO I ~ ' - - j r 4 W MIDWAY RD i I W MDWAV RD N: ~ 4 : + ~ ~ - ~ ~ AR-1 CN cc -RS-4- - N J'ZF~^ !I I ~ i ~ I ~ I-~ rs- l CD ~ I ~; RS-4 I z~'~~ I ! ~ ~ ~~: RS-4 I 1 _~ , ~--~--~...-, 1 ~t~"~ ~ ; ~ ~~~ ' -I ' ~ RS-~ , I 1 ,}.--,Z~---~~`~' ~ ~: ~~ ~ I ~ ki --Y ~: y ' '1A1N90W D~ ~'''', s ~•~~- ~ ~ ~: ,' `- PUD M~$-~ '~ I ~ ~~~RS2 ~ - - - ~ `; t,.r - -- ' T " c,,~~ AR-1 i't` ~;~~ AR-1 -~ ~f; ~~55P` ~ N I + ~ ~ -:. :z -~ ~ ~ icY Ly I I ~ ~.rN 5~ T~ i 1 T I I ~'; \.y'~~ _" ~ AK-'r PUD I _~~lf I ~~ ~ NW KOA CT ~; Z ~ -__ .. r~"-:. t ~ 1 ~ . .. . . ~~ Sub' ct ro eR u~~»co~my~:q arrm-w^~°~a.~n.ioabnarem le P P Y ut-~ -ro~~~~~ R.~wi ~i a,r~~ rw - ar~~a u~n orKa~m N ~~~~ CG - Cortvrerwl l3enaral RS2 - RasiCwiOal Snqle Famy l2 tlWa) ~ 500 ft notification area CN-COmreicrlNeqnDOrMOae RS]-RevtlenWl3indeFamAy 3tlWx) ~~~ 1 CO - G. ... J Olfice RS-1 - Resltlenwl SirpM FamAy / dJx) I - Ir15Ulu~onHl ~~ ~ ~r ~~ _ ? City of Port St. Lucie RS-2 - Srtpb Famy ResMenoal ~p prepy~ May 17, 2013 ~ ~,r~;~A~ c File No.: CU 520134620 July 2, 2013 Resolution 2013-117 Page 6 St Lucie G'ountv C:ertificate Q[ Gapacity Excrnption DN1a a.-t-{`:3 Cvrtlflcatv No. ~~s~ Thls docurnant cf~tl~a thst eoncurr~ncy wiH M m~t ~nd that adoqua~ publ~ hclllry t~eky sfcieb t~ msintsin !he sqndaMs for IevNS of sanrico as adopmd In tha St LuCk CountY Co~prahensive Plan for: 1. 7r/p~ of dMt~lOpfr1Y11~ AJoI N;:C~i ~"umdiliuneil Udu Cur Cr:aelarv NumMr of unks Numhgr of squae~a i~t 2. Proparly le~al dsscrfpdon i Tax IQ na ' ~303 5 02 019{~ Q40.i Ciu•isteu~n Ru.n1, 10~ Cre; xvuU~ ul'Midtvu~• Rxl 3. ApprovN: Buildinp Nr_1 Re~olution No. ?ct'.~-i i? Le~tt~ 4. Aa part of th~ dewlapmerd: S. On prop~~ own~d by T~a~~C'apital Rau~< 6~50 Vl`~u.~lan:l Tark Dlyd Gmri.e ri, 7~;j1 b f~•~,, pnnbd a Cartlflcad of C~p~elqr Ex~wiptlon aeoordin~ bo 11w fvllvwinp Chap~r{sl ai 1ha St ~uaia Coun~ Land Dwslopmant Codo: r' 9.03.D2(Aj C 3,p3.4~[B)1 `~ dA?.071oiZ 6.00.02Bis 6,0a.071B14 L s,a~.ot(s)e L' ~,oa,a~(e~ J~.o~.oat~a s.oa.ag+li s.oa.o+~,~s L: s,oo.aa(s~~ L' ~.os,a(e~z - ~ s.o3.oalsu 6_oa.aqs~~ 6. CM'tIfIC916 ExpMlti011 Date '~~rt011 Thh C~rttfielit~ of Cupacity is trnm~tr~We only t4 wb~pu~nt ownors of th~ sam~ paroel, an~l is wbjeCt bo the same tenns, conditions ~nd e~piratian date Ilst~d hane~in. The ~piration dab can b~ ~xhnd~d only und~r th~ sune iemis arx! conditio~s ~s the undsrfylnp d~+nlopm~nt ord~rlaauad wNh thla cvrtKicato, w for subs~querrt drwloprr~s! s) Isswd far tha sama propaty, us~ and six~ as doscribed h~r+~in. sie»ed _~~`%~~Gr,~f~~ I nQtc, ;,7r,~rni3 ~ Planninp and DevNopment Servicts Oir~ctar St Luaa Co~nty, Florida File No.: CU 520134620 July 2, 2013 Resolution 2013-117 Page 7