HomeMy WebLinkAbout25-154 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
• SAINT LUCIE COUNTY
FILE# 5548695 11/06/2025 02:27:28 PM
OR RECORD BOO 5392 PAGE 0 468-474 Doc Type:ORD
G.RESOLUTION NO. 2025-154
File No.: CU-2409-000076
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY FOR A CONDITIONAL USE PERMIT TO ALLOW A
FARMERS' MARKET IN THE AG-1 (AGRICULTURAL -1) ZONING
DISTRICT LOCATED AT 10485 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. Orange Avenue Grower's Market, LLC presented a petition for a Conditional Use Permit to
allow the development and operation of a Farmers' Market, including parking, stormwater,
landscaping and other improvements, within the AG-1 (Agricultural-1) Zoning District for the
property located at 10485 Orange Avenue, Fort Pierce, FL, as legally described in Paragraph
"C" and depicted on the attached map as Exhibit "A".
2. On June 19, 2025, 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 request for a Conditional Use Permit.
3. On August 5, 2025, 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 500 feet of
the subject property, at which all interested persons were given an opportunity to be heard.
4. All reasonable steps have been taken to minimize any adverse effect of the proposed
Conditional Use on the immediate vicinity through site design, architectural design and
landscaping.
5. 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.
6. The proposed Conditional Use will be serviced by adequate public facilities and services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. The foregoing findings are hearby approved and adopted by the Board of County
Commissioners of St. Lucie County, FL.
B. Pursuant to LDC Section 11.07.03. and Section 3.01.03.S.7., the Conditional Use Permit for
the Orange Avenue Grower's Market as depicted in the Conditional Use Plan prepared by
Culpepper & Terpening, Inc. and dated September 20, 2024, is hereby approved for the
property described in Paragraph "C" below, subject to the following conditions:
1. Access to Orange Avenue and driveway improvements must be approved by the
Florida Department of Transportation, District 4, and perhaps by the Florida Turnpike
Authority. Documentation of these approvals is necessary for the associated Site
Development Permit.
2. For the driveway, a shared access easement with the parcel abutting to the west,
compliance with the code regarding driveway setbacks, or a variance from the
standards in LDC 7.05.06.C.2.c. shall be required for the Site Development Permit
3. The Market Operations Manual shall require all vendor loading and unloading to
occur outside of the hours that the market is open to customers. Alternatively, or
in addition, the parking area must identify one 12-ft. by 30 ft. loading area.
4. Prior to the issuance of a Site Development Permit, provide a drainage easement
over the drainage ditch located along the eastern property boundary.
5. The proposed monument sign may not exceed standards applicable in AG-1 Zoning
District and the final placement of the sign must comply with vision clearance
standards relative to the driveway.
6. As part of the request for a Certificate of Zoning Compliance, the Market Manager
must be identified.
7. St. Lucie County retains the right to require a Traffic Impact Study after the market
is operational based on manifested traffic concerns or any change in traffic
conditions, with consideration of any recommended off-site improvements as
warranted by said Study.
8. As part of the request for a Certificate of Zoning Compliance, the Market must
demonstrate compliance with the landscaping code and tree preservation code as
follows:
A. Provide a tree mitigation plan consistent with LDC 6.00.05.D.
B. Provide the following revisions to the landscape plan:
a. Label the perimeter landscape buffers in accordance with LDC 7.09.04.A. &
B.
b. Provide plant and tree species and measurements for proposed landscaping
within a plant schedule consistent with LDC 7.09.03.E.
i. All planted trees shall measure a minimum of 2.5 inches diameter at
breast height (DBH) and 12 ft. in height per LDC 7.09.03.E.2.c.
ii. All palm trees shall measure a minimum of 10 ft. clear trunk per LDC
7.09.03.E.2.b.
c. When utilizing existing vegetation to satisfy landscaping requirements,
depict/label the species, locations, and sizes of the existing palms/trees
within the landscape buffers. The plan shall demonstrate how existing
vegetation in addition to proposed plantings meets minimum landscaping
requirements.
Resolution No. 2025-154
Page 2 File No. CU-2409-000076
d. Augment plantings in areas where existing vegetation does not satisfy the
minimum perimeter landscaping requirements (i.e. 1 tree/30 linear feet with
a 24-inch to 48-inch-tall hedge).
e. Extend the hedge along the roundabout perimeter in accordance with LDC
7.09.04.B.
f. Specify that all proposed and transplanted landscaping will be irrigated by
automatic means per LDC 7.09.04.L.
g. Specify that all proposed plant material will be Florida No. 1 Grade material
per LDC 7.09.E.1.
h. Specify that all plant material shall receive at least three inches of non-
cypress mulch per LDC 7.09.04.L.3.
9. Pavement of the Vehicle Use Area shall comply with the following:
A. The use of asphalt millings or crushed concrete is approved for the vehicle use
area, except that pavement consistent with County standards is required for the
driveway connection to Orange Avenue and the extension of that driveway no
less than 50 feet onto the subject property, and as required for compliance with
the Americans with Disabilities Act, ADA parking spaces and adjacent accessible
aisles shall be paved with concrete or asphalt.
B. The initial area of alternative pavement may be commensurate with the square
footage of sales area. For example, if the Site Development Permit application
indicates that the sale area will be limited to 3,900 sq. ft., +/- 20 parking spaces
shall be improved with the alternative paving material. The alternative pavement
shall otherwise conform to the Site Development Plan presented for the
Conditional Use Permit including the turn-around to service the dumpster and
the restroom area and landscaping as depicted on the Site Development Plan.
C. Over the five-year period commencing with the first day the Orange Avenue
Grower's Market is open for business, on no less than an annual basis, County
Staff shall evaluate the condition of the Market's vehicle use area and determine
whether the public health, safety and welfare are adequately protected. If dust
or erosion onto the public roadway or other problems are identified, County Staff
shall have the authority to require such changes to remedy the problem,
including the requirement that standard pavement be installed. If the monitoring
by County Staff indicates no problems with dust, erosion or otherwise, the
utilization of the alternative paving materials may be continued for up to another
two years.
D. The payment-in-lieu of construction of the 12-ft. wide multiple use path along
Orange Avenue, required by LDC 7.05.04., may be deferred for five years, and
if agreed by the Public Works Department, may be deferred for an additional two
years. The payment in-lieu of construction shall be paid within seven years of
the first day the Market is open for business.
10. In keeping with 62-6.0101., F.A.C., and 62-6.002.(59), F.A.C., if portable toilets are
utilized for restroom facilities, the Grower's Market shall not operate more than 120
Resolution No. 2025-154
Page 3 File No. CU-2409-000076
days within any 365-day period. All state rules and regulations regarding portable
restrooms and portable or stationary holding tanks shall be adhered to.
C. The subject property is described as follows:
A parcel of land in the Southwest 1/4 of Section 10, Township 35 South, Range 39
East, St. Lucie County, Florida, being more particularly described as follows:
From the Northwest corner of said Southwest 1/4 run South 00°22'09"West, 75.36
feet to the POINT OF BEGINNING;
Thence continue South 00°22'09"West, 834.58 feet; thence South 89°59'51" East,
471.02 feet; thence North 00°47'29" East, 10.46 feet; thence North 00°03'36"
West, 200.00 feet; thence North 00°02'57"West 360.31 feet, to the South right-of-
way line for Florida Turnpike overpass; thence North 82°12'37" West, 470.53 feet
to the POINT OF BEGINNING.
PARCEL ID: 2310-322-0002-000-1
D. The approvals and authorizations granted by this Resolution are for the purpose of obtaining
a Site Development Permit and Zoning Compliance from St. Lucie County and are not
assigned to any other party or institution. Should the petitioner choose or decide to assign this
business to another entity or individual, a minor adjustment to the Conditional Use Permit shall
be required.
E. Pursuant to Section 11.07.05(I) 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 Building Permit or Certificate of Zoning Compliance is obtained for
the uses described in Paragraph "B" above, or an extension has been granted in accordance
with LDC Section 11.07.05(F).
F. The petitioner is advised as part of this Conditional Use Permit approval that the petitioner
shall obtain all applicable site plan approval, development permits and construction
authorizations from the appropriate state and federal and local regulatory agencies including,
but not limited to, the United States Army Corps of Engineers, the Florida Department of
Environmental Protection, the South Florida Water Management District, and the St. Lucie
County Environmental Resources, Public Works and Building Departments prior to the
commencement of any development activities on the property described in Paragraph "C".
Issuance of this permit by the County does not in any way create any rights on the part of the
petitioner to obtain a permit from a state or federal agency and does not create any liability on
the part of the County for issuance of this permit if the petitioner fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency or undertake actions
that may result in a violation of state or federal law.
G. A copy of this Resolution shall be mailed to the owner and agent of record as identified on the
application. A copy shall be attached to the Conditional Use Permit Site Plan drawings as
described in Paragraph "B" and placed on file with the Planning and Development Services
Resolution No. 2025-154
Page 4 File No. CU-2409-000076
Department.
H. This Resolution shall be recorded in the Public Records.
After motion and second, the vote on this resolution was as follows:
Jamie Fowler, Chair AYE
Larry Leet, Vice-Chair AYE
James Clasby, Commissioner AYE
Erin Lowry , Commissioner AYE
Cathy Townsend, Commissioner AYE
PASSED AND DULY ADOPTED this 5th day of August, 2025.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chair
ATTEST: ROVED AS TO FORM
AND CORRECTNESS:
Lti�L� ti !/l
Deputy CI rk if_ County Attorney
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Resolution No. 2025-154
Page 5 File No. CU-2409-000076
Exhibit "A"
(Location Map)
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