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Home My WebLink About26-03 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5583977 02/17/2026 0824:30 AM OR BOOK 5431 PAGE 2985-2991 Doc Type:ORD RECORDING: $61.00 PDS ORDER 2026-03 File No.: WDA-2506-000041 AN ORDER GRANTING WAIVER, DEFFERAL, AND ALTERNATIVE (WDA) APPROVAL TO ALLOW RETAIL FARM SUPPLY AND PET FOOD SALES (SIC CODE 5399, MISCELLANEOUS GENERAL MERCHANDISE STORES), AND SMALL BUILDING SALES (SIC 5211, LUMBER AND OTHER BUILDING MATERIALS DEALERS) AS PERMITTED USES WITHIN THE CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT AND ADMINISTRATIVE RELIEF THROUGH A SIX (6) MONTH DEFERMENT OF SELECT LANDSCAPING AND DRIVEWAY IMPROVEMENTS FOR CERTAIN PROPERTY LOCATED AT 12500 OKEECHOBEE ROAD IN ST. LUCIE COUNTY, FL. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for administrative relief in the form of a Waiver, Deferral and Alternative (WDA) for a Use Determination in accordance with Land Development Code (LDC) Section 3.01.02 B. and partial landscape and driveway reconstruction deferment under LDC Sections 7.09.04.0. & 11.05.00.B.3.C. to authorize a phased site improvement plan to cure non-compliant parking, stormwater and landscaping as well as life safety items to relocate a local business to 12500 Okeechobee Road in St. Lucie County, and has made the following determinations: 1. The applicant is requesting administrative relief to allow retail farm supply and pet food sales (SIC Code 5399, Miscellaneous general merchandise stores), and small building sales (SIC 5211, Lumber and other building materials dealers) as permitted uses within the CN (Commercial Neighborhood) zoning district and a six (6) month deferment for landscape improvements at the rear property line and portions of the parking area anticipated for future modifications in accordance with the provisions of LDC Sections 3.01.02 B., 7.09.04.0. and 11.05.00.6.3.C. The +/-2.44-acre parcel is zoned CN, (Commercial Neighborhood) with an AG-5, (Agricultural-5) future land use designation. 2. 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. 3. 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 allow, after a full analysis of all potential impacts, that a proposed use is in compliance with the provisions of the Land Development Code and the St. Lucie County Comprehensive Plan and certain on-site improvements to be deferred to a future date. 4. The determination to allow retail farm supply and pet food sales (SIC Code 5399, Page 1 PDS No. 2026-03 File No.: WDA-2506-000041 Miscellaneous general merchandise stores), and small building sales (SIC 5211, Lumber and other building materials dealers) as permitted uses within the CN (Commercial Neighborhood) zoning district is consistent with general purpose, goals, and objectives of the St. Lucie County Comprehensive Plan and the Land Development Code, is compatible with the surrounding land uses, and is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. 5. The Development Review Committee reviewed the request and Planning Staff performed an analysis of the request for deferral of the installation of landscaping improvements. The analysis is found in the Planning and Development Services Department memorandum entitled Thomas Feed & Hay- Request for Administrative Relief(WDA-2409-000041) dated February 3. 2026. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting public health, safety. and general welfare. NOW,THEREFORE, BELT ORDERED:BY THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY, FLORIDA: A. Pursuant to Ordinance 12-003, Sections 3.01.02.B., 7.09.04.0 and 11.05.00B.3.0 of the St. Lucie County Land Development Code, the request from Thomas Fitzsimmons of Thomas Feed & Hay for administrative relief for a Use Determination and to authorize a six (6) month period to complete remaining landscape installation and driveway reconstruction is hereby approved subject to the following conditions: Planning Division's Recommendation 1. The deferral period will be six (6) months, with the possibility of one (1) ninety 90-day extension, if requested and notable progress has been made after inspection of site improvements following the time-specific schedule below: Phase 9 (within 2 months of recording WDA) • The applicant shall Obtain a Zoning Compliance Certificate prior to conducting operations in existing and temporary buildings, utilizing improved parking and designated display areas. • The applicant shall submit a final revised landscape plan consistent with LDC 7.09.04 for review and approval by ERD staff. The applicant may utilize any of the existing onsite native vegetation to meet these requirements. Phase 2(within 6 months of recording WDA) • The applicant shall secure an FDOT Driveway permit and associated Stormwater Permit to complete associated site improvements. • The applicant shall install the remaining landscape requirements including the interior vehicular use area, landscaping and screening along the northern property line. • Where pursuing further expansion, the applicant shall apply for Minor Site Plan and include proposed improvements beyond the scope of this WDA approval. Page 2 PDS No. 2026-03 File No.: WDA-2506-000041 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 revised tree survey in accordance with LDC 11.02.09.A.2.i shall be submitted and approved by ERD. 3. 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 gopher tortoise survey conducted by a state certified gopher tortoise agent may be required per Florida Fish and Wildlife Conservation Commission (FWC) protocol. 4. 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. 5. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site. B. The properties on which this deferment is being granted are described as follows: Legal Description: S/D OF ALL 29-35-39 THAT PART OF LOT 24 LYG N OF OKEE RD-LESS OKEE RD WIDENING AS IN OR 321-277 AND LESS AS IN 84-738-CA-13 OR 483-390 AND LESS THAT PART OF LOT 24 MPDAF: FROM SE COR OF SEC RUN N 00 11 15 E ALG E LI OF SE 1/4 1, 997.96 FT, TH S 76 14 12 W 32.90 FT, TH N 13 45 48 W 66 FT TO NLY RD R/W LI OF OKEECHOBEE RD, TH S 76 14 12 W ALG NLY R/W LI 264.61 FT TO N LI OF LOT 24 AND POB: TH CONT S 76 14 12 W 652.84 FT TO CURVE CONC S, R OF 2930.79 FT, TH SWLY ALG ARC 399.03 FT TO W LI OF LOT 24, TH N 00 19 32 E 28.86 FT TO CURVE CONC S, R OF 3105 FT, TH NELY ALG ARC 420.25 FT, TH N 77 38 26 NE 408.12 FT, TH S 76 14 12 W 154.54 FT TO N LI OF LOT 24, TH N 89 52 20 E ALG N LI 63.63 FT TO POB- (2.508 AC) (OR 3781-1318) C. The approvals and authorizations granted by this Order are granted to the applicant for the purpose of obtaining construction permits and a Zoning Compliance Certificate from St. Lucie County. D. The approved waiver shall allow two months (2) for the first phase of improvements and an additional six (6) months for the second phase. If the applicant fails to fulfill the requirements of each Phase within the specified timeline, the Planning and Development Services Director or designee may void PDS Order 2026-03 within 30 days with written notice if no extension has been requested or approved. The applicant will be allowed a one-time ninety 90-day extension if requested, and notable progress has been made with on-site improvements. E. The developer is advised as part of this approval for Thomas Feed & Hay, Inc., including any successors in interest, the developer shall obtain all applicable 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, Florida Department of Environmental Protection, South Florida Water Management District, and St. Lucie County's Environmental Resources and Building Departments prior to the commencement of any development activities on the property Page 3 PDS No. 2026-03 File No.: WDA-2506-000041 described in Part B Issuance of this approval by the County does not in any way create any rights on the part of the developer 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 approval if the developer 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. F. The conditions set forth in Part A are an integral non-severable part of the Administrative Relief approval as granted by this Order. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition. the Administrative Relief approval granted by this order shall become null and void. G. A copy of this Order shall be placed on file with the Planning and Development Services Director and mailed to the developer or agent of record as identified on the written request for administrative relief. H. This Order shall be recorded in the Public Records of St. Lucie County This ORDER effective the day of raxvcrli . 2026. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY FLO IDA BY Benjamin alcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY Katherine Barbieri, County Attorney Page 4 PDS No. 2026-03 File No.: WDA-2506-000041 EXHIBIT "A" SITE IMPROVEMENT PLAN 7 sz d 4.,,,,,,, ‘ opkvi: 11, _ ,....,,,..L.,t,„- , % i ii,, 6, "Tilkirvtfl , ‘ — -it N il: ) y\ \\ \'111 rr. ! 'iiI :�r^Nl i I'o e.fi sii f V . i \ \\"\ \ \\\ 7 ii ! 1 `. 1 'c•i f 1 1 d g lir II; ll1III iWi " ` itifl Q3�°' 1 °I11d rP € 0I 3 V1 4, � € f t 6 ' }li a10 er a ' i .�9^ �: 1 iiii 4 i p ar1- w 1 ' ' Ili1ltlirtt 9 N i 0 s,,ee , ! K 0 it i gh 1 fee' 1!; ?tl Is eil d wwi 1 - 1 r E a 11 P• c0 $ " Rid 111 ' J Page 5 PDS No. 2026-03 File No.. WDA-2506-000041 EXHIBIT "B" PARTIAL LANDSCAPE PLAN 1, 4 t IR yy gib i ., I ' • , ' . % N ' ei; --,44..... 4t: c. , . ,,,....,______. ... \ \ ,,______,.. ., , , . ., A 1 H. 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A3r::..# 1 ; '' ''\A••t '."t 9RMge ''I ti '' 1 I, ' r` ( ' f .` 4 L 1 �I ,'t 1 I r i .; � �,r fi S � ', Ii n f k ANC'Z h 1 .�' ' I Q $t a ;i 'H l ,, 11 yy y \ 1 y M11 II ,'I al 1 II Li 144'elg4 a 1 I lw a C il 1yy/16 FEW I I Ukcodro6cc Ad Holdings LL1C j 1200 Gtieccll#v1 K� I?u}rolirand g Fars Plea[ft. �'M I►7!)F>ta♦10�.bf`_ Lla1 /7'I'Ft PLAN la.11:br dr,udreP+..„ Page 6 PDS No. 2026-03 File No.: WDA-2506-000041 EXHIBIT "C" ENLARGED DETAIL OF SITE IMPROVEMENT AND LANDSCAPING PLAN ..at'Yd.J M /�Oa6l RM I "- ,or,, '� SALES '' I 'Ir — DISPLAY w°" OFFICE 1 AREA 41 +' 0"1 Areas of requested Deferral ' Nillir ,.___,_—_- . ..c-a^ y -- Page 7 PDS No. 2026-03 File No.: WDA-2506-000041