The URL can be used to link to this page

Home My WebLink About13-135Resolution No. 2013-135 File No.: CU 620134629 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR AUTO BODY REPAIR SERVICES IN THE CG (COMMERCIAL GENERAL) 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. All Florida Truck Sales. Inc. presented a petition for a Conditional Use Permit to allow for auto body repair services in the CG (Commercial General) Zoning District for the property depicted on the attached map in Exhibit "A" and described in Part B below. 2. On October 14, 1986 via Resolution No. 86-226, the subject property received site plan approval from the St. Lucie County Board of County Commissioners for a 11,150 s.f auto dealership with repair services called Moody Acura Auto Agency. 3. On July 18, 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 approve the hereinafter described request for a Conditional Use Permit in the CG (Commercial General) Zoning District for the property described in Part B. 4. On August 6, 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. 5. 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. FINDINGS OF FACT Based on the evidence presented and also based upon the inclusion of the conditions of approval as set forth below in this resolution, the Board of County Commissioners finds as follows: JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY Au ust6, 2013 FILE# 386756308/20/2013at11:25AM volution No. 2013-135 9 OR BOOK 3550 PAGE 2601 - 2605 Dac Type: RESO File No.: CU 620134629 RECORDING: $44.00 Page 1 1. The proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the St. Lucie County Comprehensive Plan, and, subject to the conditions contained in this resolution, meets the technical requirements of the St. Lucie County Land Development Code. 2. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. 3. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 4. The proposed project is constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, having made the findings of fact set forth above, makes the following conclusions of law: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit to allow for the operation of auto body repair services in the CG (Commercial General) Zoning District, at the location described in Part B, and depicted on the map attached as Exhibit A, is hereby approved subject to the following conditions: 1. The hours of operation for auto body repairs shall be limited to Monday through Friday - 8:00 a.m. to 5:00 p.m., and Saturday - 8:00 a.m. to 1:00 p.m. 2. All vehicle repairs and service shall be conducted indoors. 3. Prior to the Issuance of a Certificate of Occupancy, the vehicular use areas shall be maintenance free of weeds and potholes. New pavement markings shall be provided. 4. Prior to the issuance of a Business Tax License, the applicant shall notify the St. Lucie County Solid Waste Division and coordinate the required storage and disposal of hazardous materials and waste, and pollution prevention measures in accordance with the requirements in the Florida Statutes. 5. Prior to the issuance of a Certificate of Occupancy, the applicant, successors or assigns shall maintain all required permits and licenses from the Department of Environmental Protection, the St. Lucie County Health Department and other applicable federal, state and local agencies. August 6, 2013 Resolution No. 2013-135 File No.: CU 620134629 Page 2 6. Prior to the issuance of a Certificate of Occupancy, all invasive exotic vegetation located within the project boundary shall be removed (LDC Section 7.09.05). 7. Prior to the issuance of a Certificate of Occupancy, the applicant shall install the required landscaping in order to be consistent with the October 2, 1986 approved Landscape Plan. 8. The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable, federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 9. Per Section 125.022, Florida Statutes, 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 undertakers actions that result in a violation of state or federal law. 10. 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. B. The subject property is described as follows: PARCEL 1: THE NORTH 73 FEET OF THE SOUTH 304 FEET OF THE SW 1/4 OF THE SW 1/4 OF THE SE 1/4, OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST; AND PARCEL 2: THE SOUTH 231 FEET OF THE SW 1/4 OF THE SW 1/4 OF THE SE 1/4, OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST. TAX ID NUMBER: 3403-433-0009-000-9 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. D. The approvals and authorizations granted by this Resolution shall expire on August 6, 2014, unless a Building Permit or Certificate of Zoning Compliance 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. August 6, 2013 Resolution No. 2013-135 File No.: CU 620134629 Page 3 After motion and second. the vote on this Resolution was as follows: Tod Mowery, Chairman AYE Frannie Hutchinson, Vice-Chair AYE Chris Dzadovsky, Commissioner AYE Paula A. Lewis, Commissioner AYE Kim Johnson, Commissioner AYE PASSED AND DULY ADOPTED this 6th day of August, 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLOIRDA BY ~ Chairman ATTEST: /4 DLPI~ APPROVED AS TO FORM AND CORRECTNESS: ~~ ~ 4 ~, ~~ ~~ ~, ~r~~ ~ ~ ~ CL ;~ ~ ~ COUNTY ATTO~E ~~ ~. , _ ~, C/ ' ~ s ,-~ , . ~ ~, ~. v " ~,~ ~~~ August 6, 2013 File No.: CU 620134629 Page 4 Resolution No. 2013-135 i i Site Location Map All Florida Truck Sales Midway Rd ~ CU-620134629 __ ~ i ~ ~ c I ~ m c ~ ~ s U r m I I ~i I J:, 3': ~ Smallwood Ave ~ a ~~~ ,,..-^R ~ubjsct ~ ~ , ~ ~ ~~ Property ~ U-- o- U Tropical'Isle~ V ~ N F` August 6, 2013 Resolution No. 2013-135 File No.: CU 620134629 Page 5