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Home My WebLink About24-145 RESOLUTION NO. 2024-145 File No.: CU-2310-000065 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, GRANTING A CONDITIONAL USE PERMIT TO ALLOW HEAVY CONSTRUCTION EQUIPMENT SALES, RENTAL, AND LEASING, ALONG WITH AGRICULTURAL/FARM EQUIPMENT SALES WITHIN THE AG-1 (AGRICULTURAL-1) ZONING DISTRICT FOR A PROPERTY LOCATED AT 9901 OKEECHOBEE ROAD 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. Leslie Olson, AICP, with District Planning Group, on behalf of ALTA Equipment Group presented a petition for a Conditional Use Permit to allow Heavy Construction Equipment Sales, Rental, and Leasing (SIC Code 7353), along with agricultural/farm equipment sales, within the AG-1 (Agricultural -1) Zoning District for the property located at 9901 Okeechobee Road, Fort Pierce, as legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. On May 15, 2001, 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. 3. On July 16, 2002, the Board of County Commissioners approved an extension of the granted Conditional Use Permit through Resolution 02-145 for 12 additional months from its date of scheduled expiration May 15, 2002, for Sunrise Tractor & Equipment. 4. On June 14, 2024, the Planning & Development Services Director approved a Use Determination through PDS Order 2024-043 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, Florida. 5. On July 20, 2024, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within five hundred (500) feet of the subject property, and recommended that the Board of County Commissioners approve the Conditional Use Permit, with conditions. 6. On August 6, 2024, the Board of County Commissioners held a public hearing on the petition, after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Resolution No. 2024-145 Page 1 SAINT LUCIE COUNTY File No. CU-2310-000065 FILE# 5381053 09/03/2024 12:24:34 PM OR BOOK 5200 PAGE 2065-2069 Doc Type:RESO RECORDING: $44.00 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. 7. With conditions therein, the proposed Conditional Use 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. 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 for ALTA Equipment Group, that Heavy Construction Equipment Sales, Rental, and Leasing (SIC Code 7353) along with agricultural/farm equipment sales at 9901 Okeechobee Road, Fort Pierce, in the AG-1 (Agricultural - 1) Zoning District is hereby approved for the property described in Part B below, subject to the following conditions: 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. Prior to Minor Site Plan Approval, an updated landscape plan shall be provided depicting an eight (8) ft. tall masonry wall or opaque wood fence, with associated landscaping along the entire east, south, and west property lines. At least 60% of the trees are required to be outside the wall/fence per LDC 7.09.04.E. The opaque fence/wall may be reduced from eight (8) ft. tall to six (6) ft. tall or waived in its entirety if each adjacent property owner provides their written consent to waive this requirement. Landscaping requirements shall then comply with the standards outlined in LDC 7.09.04.B. 5. Prior to Minor Site Plan approval, the minimum parking access aisle shall meet the required 26-foot requirement for two-way traffic in accordance with the LDC Section 7.06.02. 6. For any business expansion, or in lieu of replacement of the existing well and septic system, a connection to central water and sewer services shall be made. 7. The hours of operations shall be limited to Monday — Sunday 7:00 am —6:00 pm. Resolution No. 2024-145 Page 2 File No. CU-2310-000065 B. The subject property is described as follows: Legal Description: PARCEL 1: FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, RUN SOUTH ALONG THE QUARTER SECTION LINE 1128.04 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 70, ALSO KNOWN AS OKEECHOBEE ROAD; THENCE FOLLOWING SAID SOUTH RIGHT OF WAY LINE RUN SOUTH 72 DEGREES 21' 30" WEST, 255.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE, SOUTH 72 DEGREES 21'30"WEST, 680.00 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE RUN SOUTH 20 DEGREES 28' 30"EAST, 245.00 FEET; THENCE RUN NORTH 64 DEGREES 32' EAST 622.77 FEET; THENCE RUN NORTH 168 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT RIGHT OF WAY FOR OKEECHOBEE ROAD. PARCEL 2: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH, ALONG THE EAST LINE OF THE SAID NORTHWEST ONE- QUARTER OF SECTION 27, A DISTANCE OF 1128.04 FEET, TO THE INTERSECTION WITH THE "OLD" SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 70 (OKEECHOBEE ROAD); THENCE S 71° 21' 30" W, ALONG THE SAID "OLD" SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 935.00 FEET, TO THE WEST LINE OF THAT PARCEL OF LAND AS DESCRIBED IN O.R. BOOK 197, PAGE 787, PUBLIC RECORDS OF ST. LUCIE COUNTY; THENCE S 20° 28' 30" E, ALONG THE WEST LINE OF SAID PARCEL AS DESCRIBED IN O.R. BOOK 197, PAGE 787, A DISTANCE OF 245.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL, THENCE N 64° 32' 00" E, ALONG SAID SOUTH LINE, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE S 05° 53' 26" E A DISTANCE OF 293.78 FEET; THENCE N 64° 04' 49" E A DISTANCE OF 491.83 FEET; THENCE N 00° 23' 15" W A DISTANCE OF 305.22 FEET TO THE SOUTHEAST CORNER OF THE AFORESAID PARCEL DESCRIBED IN O.R. BOOK 197, PAGE 787; THENCE S 64° 32' 00"W ALONG THE SOUTH LINE OF AFORESAID PARCEL, A DISTANCE OF 522.77 FEET TO THE POINT OF BEGINNING. PARCEL ID: 2327-214-0005-000-2 ADDRESS: 9901 Okeechobee Road, Fort Pierce, FL 34945 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. Resolution No. 2024-145 Page 3 File No. CU-2310-000065 D. Pursuant to Section 11.07.05(1) of the St. Lucie County Land Development Code, approvals and authorizations granted by this Resolution shall expire after twelve (12) months from the date of approval, unless a Certificate of Zoning Compliance is obtained for the uses described in Paragraph "A" above, or an extension has been granted in accordance with Section 11.07.05(F). E. The St. Lucie County Planning and Development Services 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 notation of reference to the date of adoption of this Resolution. F. A copy of this Resolution shall be mailed to the owner and agent of record as identified on the application. G. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice-Chair AYE Larry Leet, Commissioner AYE Linda Bartz, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED This 6th day of August, 2024. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA �y GOMI is,7� O � 1.4)\(.41... ) 1/ BY air ATTEST: VP, * WI ��o'r APPRO D AS TO FORM ,,, AND CO RECTNESS• lGC'iE COUNfl'* O i i4iL Jd Deputy Clerk County Att me L Resolution No. 2024-145 Page 4 File No. CU-2310-000065 Exhibit "A" (Location Map) ,� _ 1 - _I I ,,, 1 � .�, sa.s g _ par °< a _ Rma coM i� f o. Fr' ._..._ f Pan n Wwo L _-- L qM I_ - 1 -- _ �\\\ 1J7--\7;,\ / ‘ II ram IL}J I _ A n4 S.\ ,_- Subject fa rl A C-- • _ Parcel Resolution No. 2024-145 Page 5 File No. CU-2310-000065