Loading...
HomeMy WebLinkAbout24-043 PDS ORDER 2024-043 FILE NO.: WDA-2405-000025 AN ORDER GRANTING APPROVAL TO ALLOW HEAVY CONSTRUCTION EQUIPMENT SALES, RENTAL, AND LEASING (SIC CODE 7353) AS AN ELIGIBLE CONDITIONAL USE WITHIN THE AG-1 (AGRICULTURAL - 1) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED AT 9901 OKEECHOBEE ROAD, FORT PIERCE, IN ST. LUCIE COUNTY, FLORIDA. WHEREAS,the St. Lucie County Planning and Development Services Director has reviewed the request to allow heavy construction equipment sales, rental, and leasing as an eligible conditional use within the AG-1 (Agricultural- 1)Zoning District for a site located at 9901 Okeechobee Road, Fort Pierce, Florida, and made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code and has adopted amendments to the Land Development Code through certain Ordinances. 2. On May 15, 2012, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 12-003, granting the Planning and Development Services Director the authority to make the determination after full analysis of all potential impacts that a proposed use complies with the provisions of the St. Lucie County Comprehensive Plan and Land Development Code. Analysis was provided by staff in the memorandum titled ALTA Equipment Group Determination dated June 13, 2024. 3. On May 15, 2021, the Board of County Commissioners, through Resolution 01-021 granted a Conditional Use Permit to allow the construction and operation of a retail sales facility for farm equipment known as Sunrise Tractor& Equipment. 4. On July 16, 2002, the Board of County Commissioners approved a Conditional Use Permit through Resolution 02-145 to be extended for 12 additional months from its date of scheduled expiration of May 15, 2002, for Sunrise Tractor & Equipment. 5. The determination to allow Heavy Construction Equipment Sales, Rental, and Leasing as an eligible conditional use, within the AG-1 (Agricultural - 1) Zoning District for certain property located at 9901 Okeechobee Road, is consistent with the general purpose, goals, and objectives of the St. Lucie County Comprehensive Plan,the Land Development Code,and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. 6. The determination will not have an undue adverse effect on adjacent properties,the character of the neighborhood,traffic conditions, parking, utility facilities,or other matters affecting the public health, safety,and general welfare near this site within the AG-1 (Agricultural- 1)Zoning District. MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5355642 06/27/2024 11:44:28 AM OR BOOK 5170 PAGE 1140-1141 Doc Type:ORD File No.: WDA-2405-00002 RECORDING: $18.50 PDS Order 2024-043 Page 1 NOW, THEREFORE, BE IT ORDERED: BY THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY, FLORIDA: Based on the foregoing analysis,staff recommends a Use Determination permitting Heavy Construction Equipment Sales, Rental, and Leasing (SIC Code 7353) as an eligible Conditional Use at 9901 Okeechobee Road, Fort Pierce, FL 34945, within the AG-1 (Agricultural- 1) Zoning District, subject to the following conditions (to be carried forward with the Conditional Use Permit review): 1. Prior to commencement of development, including, but not limited to clearing,filling,excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., a Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 2. Prior to commencement of development, including, but not limited to clearing,filling,excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., a 100% gopher tortoise survey conducted by a state certified gopher tortoise agent will be required per Florida Fish and Wildlife Conservation Commission (FWC) protocol. These surveys are only valid for 90 days. 3. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. 4. For any business expansion or lieu of replacement to the existing well and septic system, a connection to central water and sewer services shall be made. 5. The hours of operations shall be limited to Monday —Sunday 7:00 am —6:00 pm. PART A. SEVERABILITY If this Order or any provision thereof shall be held to be inapplicable to any person, property, or circumstances,such holding shall not affect its applicability to any other person, property,or circumstances. PART B. APPLICABILITY OF ORDER This Order shall constitute approval to allow Heavy Construction Equipment Sales, Rental,and Leasing (SIC Code 7353) as an eligible Conditional Use within the AG-1 (Agricultural- 1)Zoning District for the site located at 9901 Okeechobee Road, Fort Pierce, FL, with the above listed conditions. PART C. FILING WITH THE CLERK OF COURT This Order shall be recorded in the Publicub ft4l.L. Reeco of St. Lucie County. ORDER effective the / " ay of � 2024. PLANNING :► I DEVELOP ENT SERVICES ST. LU j rNTY, L I BY / BAIA n Balcer, CP Planning Director APPROVED TO FORM AND CORREC BY County Attorney File No.: WDA-2405-000025 PDS Order 2024-043 Page 2