HomeMy WebLinkAbout23-136MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 5264747 11/13/2023 02:38:10 PM
OR BOOK 5068 PAGE 782 - 786 Doc Type: RESO
RECORDING: $44.00
Resolution No. 2023-136
File No.: CU-1202226259
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY DENYING A CONDITIONAL USE PERMIT
FOR A SAND MINE AND BORROW PIT ON +/- 78.5 ACRES
LOCATED 2.5 MILES NORTH OF OKEECHOBEE ROAD,
APPROXIMATELY 1,283 FEET WEST OF SNEED ROAD WITHIN
THE AG-5 (AGRICULTURAL — 5) ZONING DISTRICT 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:
Pereira Investment Group LLC. presented a petition for a Conditional Use Permit
to mine sand (borrow pit) on approximately 78.5 acres, located 2.5 miles north of
Okeechobee Road, approximately 1,283 feet west of Sneed Road. The petition
seeks to authorize mining activities for three (3) — five (5) years, with operations
from 7:00 am - 4:00 pm for five (5) days per week (Monday through Friday). The
subject property is located within the AG-5 (Agricultural — 5) Zoning District as
legally described in Paragraph "B" and depicted on the attached map as Exhibit
«A„
2. St. Lucie County Planning and Development Services staff has performed the
required land use analysis for this application.
3. On June 15, 2023, the Planning and Zoning Commission held a public hearing
on the petition, after publishing a notice of such hearing, causing a notice sign to
be posted and notifying by mail all owners of property within 500 feet of the
subject property, and voted 5-4 to recommend that the Board of County
Commissioners approve the subject application with conditions.
4 On August 22, 2023, the Board of County Commissioners held a meeting and
acknowledged a discrepancy in the public notice sign posted for the Board's
scheduled public hearing. After discussion, the Board set a new hearing date for
October 5, 2023.
5. On October 5, 2023, the Board of County Commissioners held a public hearing
on the petition, after publishing a notice of such hearing, causing a notice sign to
be posted and notifying by mail all owners of property within 500 feet of the
subject property. After reviewing the evidence in the record, hearing testimony
from the applicant and its representatives, County staff and adjacent property
owners, the Board of County Commissioners unanimously voted to deny the
Conditional Use petition.
File No.: CU-1202226259 Resolution No. 2023-136
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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 project is not consistent with the general purpose, goals, objectives, and
standards of the St. Lucie County Comprehensive Plan and the St. Lucie County
Land Development Code.
8. The project will have an undue adverse effect on adjacent property, the character
of the neighborhood, traffic conditions, or other matters affecting the public
health, safety, and general welfare which include:
a. Sneed Road is a substandard roadway that lacks adequate lane width and
infrastructure, including but not limited to shoulders and guardrails, to
provide necessary protection to the general public with the addition of this
intensified land use.
b. Flume Road was abandoned by the County in 1982, and use of the canal
right-of-way as proposed in the Conditional Use Permit would create an
adverse effect on the adjacent property.
9. All reasonable steps have not been taken to minimize any adverse effect of the
proposed project on the immediate vicinity through site design including access
and turn-lanes, landscaping, and screening.
10. The project will interfere with the development and use of neighboring property,
in accordance with applicable district regulations.
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,
the proposed to Conditional Use Permit petition for the Pereira Investment Sand
Mine for the operation of a sand mine and burrow pit in the AG-5 (Agricultural —
5, 1 du/5acre) Zoning District, for the property described in Part B and displayed
in Exhibit A, is hereby denied.
B. The property on which this Conditional Use Permit is being denied is described
as follows:
Legal Descriptions:
File No.: CU-1202226259 Resolution No. 2023-136
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THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, LESS THE SOUTH 42.5
FEET THEREOF. ALL IN SECTION 28. TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST.
LUCIE COUNTY, FLORIDA; LESS AND EXCEPTING THEREFROM ALL RIGHTS OF
WAY FOR DRAINAGE CANALS AND ROADS.
CONTAINING: 3,416,412 SQUARE FEET OR 78.43 ACRES MORE OR LESS.
Locations: 2.5 miles north of Okeechobee Road, approximately 1,283 feet
west of Sneed Road.
Parcel ID#: 2228-341-0001-000-1
C. A copy of this Order shall be placed on file with the St. Lucie County Planning &
Development Services Department and provided to the developer and agent of
record as identified on the application.
D. This order shall be recorded in the Public Records of St. Lucie County.
PASSED AND DULY ADOPTED this 5th day of October, 2023.
After motion and second, the vote on this resolution was as follows:
Commissioner Cathy Townsend, Chair AYE
Commissioner, Linda Bartz, Vice-Chair AYE
Commissioner Chris Dzadovsky AYE
Commissioner Larry Leet AYE
Commissioner Jamie Fowler AYE
File No.: CU-1202226259 Resolution No. 2023-136
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
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File No.: CU-1202226259 Resolution No. 2023-136
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Exhibit "A"
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