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Home My WebLink About21-114 RESOLUTION NO. 2021 -114 File No.: CU-8202025829 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, DENYING A CONDITIONAL USE PERMIT TO ALLOW FOUR (4) DWELLING UNITS FOR AGRICULTURAL LABOR HOUSING ON A 706.63 ACRE PARCEL OF LAND WITHIN THE AG-5 (AGRICULTURE - 1 DU/5AC) ZONING DISTRICT FOR A PARCEL LOCATED AT 29800 ORANGE AVENUE 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. Happy Foods, LLC, presented a petition for a Conditional Use to allow four (4) dwelling units for agricultural labor housing on a 706.63-acre parcel of land within the AG-5 (Agriculture— 1 du/5ac) Zoning District for a parcel located at 29800 Orange Avenue, as described in Part "B" below and depicted in Exhibit "A". 2. On February 2, 2021, the Board of County Commissioners approved a Road Paving Waiver, granting relief from the paving and fee-in-lieu requirements by adopting Resolution 2021-21. 3. On February 18, 2021, the 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. The Planning and Zoning Commission unanimously voted to forward a recommendation of approval to the Board of County Commissioners. 4. On April 6, 2021, the Board of County Commissioners 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. After receiving a request for continuance from an adjacent property owner, the Board voted to continue the public hearing to the May 4, 2021 Board of County Commissioners meeting. 5. On May 4, 2021, the St. Lucie Board of County Commissioners held a public hearing on the petition, following a continuance from the April 6, 2021 public hearing. All witnesses were sworn and the petitioner was afforded the right to cross-examine witnesses. After reviewing all of the evidence in the record, hearing testimony from the applicant and its representatives, County staff and adjacent property owners (including their representatives and witnesses) and members of the public, a majority of the Board of County Commissioners voted to deny the Conditional Use petition. 6. Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against a Conditional Use petition is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use shall not be approved except by a favorable four fifths (4/5) vote by the Board of County Commissioners. 7. The Board has considered the Standards for Review for Conditional Uses set forth in St. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Page 1 SAINT LUCIE COUNTY Resolution No.: 2021-114 Ma 4, 2021 FILE# 486861706/25/2021 08:51:09AM File No.: CU - 8202025829 y OR BOOK 4616 PAGE 1462-1466 Doc Type:RESO RECORDING: $44.00 Lucie County Land Development Code Section 11.07.03, including consistency with the local Code and Comprehensive Plan, effect on adjacent properties, adequacy of public facilities, adequacy of fire protection and environmental impact. 8. The proposed Conditional Use does not satisfy the Standards for Review for Conditional Use Permits outlined in Section 11.07.03 of the St. Lucie County Land Development Code, including but not limited to the requirement for Adequate Public Facilities. 9. Section 7.10.08 of the St. Lucie County Land Development Code requires applications for Agricultural Labor Housing shall receive approval for a Conditional Use and Major Site Plan in accordance with Sections 11.02.07 and 11.07.03 of the St. Lucie County Land Development Code. Because the Conditional Use Petition was denied by the Board of County Commissioners, the Major Site Plan application was not able to move forward for a final determination by the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. The foregoing findings are hereby approved and adopted by the Board. B. Pursuant to St. Lucie County Land Development Code Section 11.07.03 Conditional Uses, and Section 7.10.08 Agricultural Labor Housing, adopted by the Board of County Commissioners on April 18, 2017 via Ordinance 2017-004, the Conditional Use Petition for Happy Food LLC for the project known as Happy Food Agricultural Labor Housing, as shown on the drawings for the project prepared by Wicks Engineering Services, Inc. dated July 21, 2020, and date stamped by the Planning and Development Services Department on January 13, 2021, is hereby denied for the property described as follows: LEGAL DESCRIPTION PARCEL 1 ALL OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, LYING WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 4, BEAR NORTH 00 DEGREES 08 MINUTES 03 SECONDS WEST ALONG AN EXISTING FENCE LINE TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 33, A DISTANCE OF 5724.51 DEET; THENCE BEAR NORTH 00 DEGREES 14 MINUTES 07 SECONDS WEST ALONG SAID FENCE LINE TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 5388.33 FEET; THENCE BEAR NORTH 00 DEGREES 29 MINUTES 12 SECONDS WEST ALONG THE EXISTING FENCE LINE TO THE INTERSECTION WITH THE WEST LINE OF SECTION 28, A DISTANCE OF 4426.14 FEET TO THE END OF SAID LINE; AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA, MARKED BY A FOUND Page 2 Resolution No.: 2021-114 May 4, 2021 File No.: CU -8202025829 '• 4"X4" CONCRETE MONUMENT WITH NO IDENTIFICATION, RUN NORTH 89° 58'53" EAST ALONG THE SOUTH LINE OF SAID SECTION 4 A DISTANCE OF 5371.68 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 4, MARKED BY A FOUND 5/8" DIAMETER REBAR WITH CAP STAMPED "RLS 2084"; THENCE RUN NORTH 00°30'59" WEST ALONG THE EAST LINE OF SAID SECTION 4 A DISTANCE OF 2368.15 FEET; THENCE LEAVING SAID EAST LINE RUN NORTH 88°57'56" WEST A DISTANCE OF 115.04 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 88°57'56" WEST A DISTANCE OF 736.68 FEET; THENCE RUN NORTH 00°30'59" WEST, PARALLEL WITH THE AFORESAID EAST LINE OF SECTION 4 A DISTANCE OF 455.60 FEET; THENCE RUN SOUTH 88°57'56" EAST A DISTANCE OF 736.68 FEET; THENCE UN SOUTH 00°30'59" EAST, PARALLEL WITH, 115.00 FEET WEST OF AND NORMAL TO SAID EAST LINE OF SECTION 4 A DISTANCE OF 455.60 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED SURVEYED PARCEL CONTAINING 30,445,370.88 S.F. OR 698.93 ACRES MORE OR LESS. DESCRIPTION OF PARCEL (AREA OF DEVELOPMENT) A PARCEL OF LAND LYING AND BEING IN SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA, MARKED BY A FOUND 4"X 4" CONCRETE MONUMENT WITH NO IDENTIFICATION, RUN NORTH 89°58'53" EAST ALONG THE SOUTH LINE OF SECTION 4 A DISTANCE OF 5371.68 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 4, MARKED BY A FOUND 5/8" DIAMETER REBAR WITH CAP STAMPED "RLS 2084"; THENCE RUN NORTH 00°30'59" WEST ALONG THE EAST LINE OF SAID SECTION 4 A DISTANCE OF 2368.15 FEET; THENCE LEAVING SAID EAST LINE RUN NORTH 88°57'56" WEST A DISTANCE OF 115.04 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, RUN THENCE NORTH 88°57'56" WEST A DISTANCE OF 736.68 FEET; THENCE RUN NORTH 00°30'59" WEST, PARALLEL WITH THE AFORESAID EAST LINE OF SECTION 4 A DISTANCE OF 455.60 FEET; THENCE RUN SOUTH 88°57'56" EASTA DISTANCE OF 736.68 FEET; THENCE RUN SOUTH 00°30'59" EAST, PARALLEL WITH, 115.00 FEET WEST OF AND NORMAL TO SAID EAST LINE OF SECTION 4 A DISTANCE OF 455.60 FEET TO THE POINT OF BEGINNING. THE ABOVE SURVEYED PARCEL CONTAINING 335,513.24 S.F OR 7.70 ACRES, MORE OR LESS. PARCEL ID No.: 2104-111-0001-000-3 Page 3 Resolution No.: 2021-114 May 4, 2021 File No.: CU - 8202025829 Property Address: 29800 Orange Avenue, Fort Pierce, FL 34945 C. A copy of this Resolution shall be provided to Petitioner Happy Food LLC and attached to the Conditional Use and Site Plan drawings described in Paragraph "B", and the plans shall be placed on file with the Planning and Development Services Department. D. This Resolution shall become effective upon the date indicated below. An appeal from the Board of County Commissioners' action must be processed within thirty (30) days from the date the Resolution is rendered in accordance with St. Lucie County Land Development Code Section 11.11.02(F) and the Florida Rules of Appellate Procedure. E. This Resolution shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chair YES Commissioner Sean Mitchell, Vice Chair NO Commissioner Linda Bartz YES Commissioner Cathy Townsend NO Commissioner Frannie Hutchinson YES PASSED AND DULY ADOPTED this 4TH day of May 2021. BOARD OF COUNTY OMMISSIONERS ST. LU F DA BY Al ATTEST: APPROVED AS TO FORM AND C R CTNE . )t 1\-6V WAA±4 DEPUTY CLERK OJ��r CoM,y COUNT ATTO E Co, NTY,FLO') Page 4 Resolution No.: 2021-114 May 4, 2021 File No.: CU - 8202025829 EXHIBIT "A" (Site Location Map) ` d 1 41 L ‹. 171 n 1 ? r �_ I 0 1 1 0 1 1 Fi T NM r-,2I 1 , , i o • 1 illE _ - - ma _Area of 0 - 1 - Development ._-- d —' priange Ave Fr _ 1 / I °( _ : j ❑ Ci LI n ------—FI -- Legend w (' i -Subject Parcels v 1 I ._�, Page 5 Resolution No.: 2021-114 May 4, 2021 File No.: CU -8202025829