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RESOLUTION 03-185
FILE NO.: CU-03-011
A RESOLUTION FOR A MAJOR ADJUSTMENTTO
AN EXISTING CONDITIONAL USE PERMIT TO
ALLOW THE OPERATION OF A SECOND AIR
CURTAIN INCINERATOR IN THE U (UTILITIES)
ZONING DISTRICT FOR PROPERTY LOCATED 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:
On June 6, 2000, this Board through Resolution 00-021 approved a change in
zoning application from AG-5 (Agricultural - 5 du/acre) zoning district to U (Utilities)
zoning district for property located on the south side of Orange Avenue,
approximately 3,000 feet west of Sneed Road, after publishing notice at least 10
days prior to the hearing and notifying by mail all owners of property within 500 feet
of the subject property, and recommended that the Board of County
Commissioners approve the request for Change in Zoning.
On June 6, 2000, this Board through Resolution 00-022 approved a Conditional
Use Permit to allow the operation of an air curtain incinerator, after publishing
notice at least 10 days prior to the hearing and notifying by mail all owners of
property within 500 feet of the subject property, and recommended that the Board
of County Commissioners approve the hereinafter described request for a
Conditional Use Permit.
Lawrence Vickers, Treasure Coast Tractor Services, Inc., presented a petition for a
Conditional Use Permit to allow the operation ofa second air curtain incineratorin
the U (Utilities) Zoning District for the property described below.
On August 21,2003, the St. Lucie County Planning and Zoning Commission held a
public hearing on the petition, after publishing notice at least 10 days prior to the
hearing and notifying by mail all owners of property within 500 feet of the subject
property, and recommended that the Board of County Commissioners deny the
hereinafter described request for a Conditional Use Permit in the U (Utilities)
Zoning District for the property described below.
On September 16, 2003, this Board held a public hearing on the petition, after
publishing a notice of such hearing and notifying by mail all owners of property
File No.: CU-03-011
November 4, 2003
Resolution 03-185
Page I
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within 500 feet of the subject property and continued the public hearing on this item
until November 4, 2003.
On November 4, 2003, the Board reconvened the public hearing on this item and
accepted additional public comments and testimony, including the final stipulated
settlement agreement to address the concerns between the petitioners and the
adjoining property owners regarding the operation of this land clearing debris
disposal facility.
The proposed amended Conditional Use has been determined to be consistent
with the goals, objectives, and policies of the St. Lucie County Comprehensive
Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie
County Land Development Code.
The proposed project has been determined not to 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.
The proposed project will be serviced by on-site water and sewer.
A Certificate of Capacity, a copy of which is attached to this resolution, was
granted by the Community Development Director on November 4, 2003.
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 Lawrence Vickers, Treasure Coast Tractor Services, Inc., to allow the
operation of a second air curtain incinerator in the U (Utilities) Zoning District, is granted for the
property described in Part B below, subject to the following conditions:
The operation authorized under this amended conditional use permit shall be limited
to the short term storage, processing and disposal/burning of land clearing debris
generated from land clearing operations as defined below:
Land Clearing Debris means uprooted or cleared vegetation resulting from a
land clearing operation.
Land Clearing Operation means the uprooting or clearing of vegetation in
connection with construction for buildings and rights-of-way, residential or
industrial development, mineral operations, or the clearing of vegetation to
enhance property value and aesthetics. The removal and destruction of
shade trees due to storm or insect damage is included as a land clearing
operation.
The operation authorized under this amended conditional use permit is specifically
File No.: CU-03-011 Resolution 03-185
November 4, 2003 Page 2
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prohibited from engaging in the business of yard trash recycling unless a new
conditional use permit is granted and the site is determined to be in compliance with
the provisions of Section 7.10.12(C) of the St. Lucie County Land Development
Code.
Consistent with the representations included with this Amended Conditional Use
Permit application, the operations authorized under this Amended Conditional Use
Permit shall be restricted to the disposal of land clearing debris collected by
Treasure Coast Tractor Service from land clearing activities within St. Lucie County
only.
Only vegetative materials generated from the clearing of land within St. Lucie County
shall be permitted to be delivered to the site by trucks or other vehicles owned and/or
operated by Treasure Coast Tractor Service, Inc. On a weekly basis, no more than
an average of 18 truckloads (18 cu/yds each) of material per day (avg. of 324
cu/yds) may be deposited at this site. In order to verify compliance with this
Condition, the petitioner shall submit to the County Administrator, or his assign,
quarterly reports, beginning January 1,2004, for the previous 3-month period, on the
number of truckloads of material per week being deposited and incinerated at this
site.
All vegetative materials deposited at this site/facility shall be disposed of through the
incineration process within four (4) months of their deposition on the property. No
stockpile of material awaiting disposal may exceed 30 feet in height or 100 feet in
length. Stock piles of material awaiting incineration may not occupy more than 50%
of the total site area described in Part B of this Resolution.
This amended conditional use permit is for the purpose of adding no more than one
(1) above ground "refractory wall - box burner" air curtain incinerator on this site.
Prior to the operation of this incinerator all applicable permits and operational
authorizations must be obtained from the Florida Department of Environmental
Protection, and copies of all applicable permits and operational authorizations
provided to St. Lucie County. No additional trench type, or other type of air curtain
incinerator system shall be permitted for this site, without first being approved
through the Major Adjustment process to this Conditional Use permit.
The total site area devoted to the processing, storage and combustion of the
collected land clearing debris shall be limited to 9.9 acres.
The hours of operation will be from 8:00 a.m. to 5:00 p.m., Monday- Saturday. The
ignition of the combustion fires shall not occur before 9:00 a.m. and must be
extinguished one hour before sunset. Absolutely no operation of the air curtain
incinerator may be conducted on either Sunday or Holidays.
The petitioner shall prior to the issuance of any final zoning compliance for the
operation of a the additional above ground "refractory wall - box burner" air curtain
incinerator on this site, which is required for this conditional use permit to be fully
executed, submit to the County a revised Fire Prevention Plan that has been
approved by the St. Lucie County Fire District, Fire Prevention Bureau for the
additional combustion/material storage operation.
File No.: CU-03-011 Resolution 03-185
November 4, 2003 Page 3
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10.
11.
12.
13.
14.
The petitioner, including any assigns, shall submit to an annual fire prevention
inspection to be conducted, upon reasonable notice, by the St. Lucie County Fire
District, Fire Prevention Bureau.
Prior to issuing a zoning compliance approval for the operation of the second air
curtain incinerator, the petitioners must officially withdraw the lot split application.
The operation of the second air curtain burner is for a temporary time period, which
will expire on January 30, 2004, unless this Board extends the operating period upon
receipt of such request by the petitioner with substantial supporting data and
approval by all parties involved.
This conditional use permit approval is for the operation of an additional air burner, to
be utilized on alternating days and shall expire on January 30, 2004, unless this
Board approves an extension to the approval. At no time shall the petitioners be
permitted to operate the two air burners simultaneously or on the same day.
In the event that St. Lucie County is declared a federal disaster area following or as a
result of either storm, hurricane, freeze or other widespread damage, the County
Commission may suspend any or all of the above standards/restrictions (except
Conditions 11 and 12), with or without additional restrictions, for the duration of the
declared emergency in order to facilitate the removal of vegetative debris.
The property on which this Conditional Use Permit is being granted is described as
follows:
A parcel of land lying in Section 9, Township 35 South, Range 38 East, St. Lucie
County, Florida, and being more particularly described as follows:
The East 1/~ of the East 1/2 of the Southwest 1,4 of Section 9, less the North 202 feet
and the South 39 feet for road and canal right-of-way.
Land contains 36.81 acres, more or less.
Tax Id. No. 2209-311-0001-000/9
(Location: South side of Orange Avenue, approximately 3,000 feet west of Sneed)
The approvals and authorizations granted by this Resolution are for the purpose of
obtaining site plan/building permit approvals on this property, and shall expire on
January 30, 2004, unless the petitioner has obtained further authorizations to
continue the operation of this second air curtain incinerator in the U (Utilities)
Zoning District.
The Conditional Use Permit approval granted under this Resolution is specifically
conditioned to the requirement that the petitioner, Lawrence Vickers, Treasure
Coast Tractor Services, Inc, including any successors in interest, shall obtain all
necessary development permits and construction authorizations from the
File No.: CU-03-011 Resolution 03-185
November 4, 2003 Page 4
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appropriate State and Federal regulatory authorities, including but not limited to;
the United States Army Corps of Engineers, the Florida Department of
Environmental Protection, the Division of State Forestry and the South Florida
Water Management District, prior to the issuance of any local building permits of
authorizations to commence development activities on the property described in
Part B.
The conditions set forth in Part A is an integral nonseverable part of the
Conditional Use Permit approval granted by this resolution. If the conditions 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 Conditional Use
Permit approval granted by this resolution shall become null and void.
The Certificate of Capacity, a copy of which is attached to this resolution, shall
remain valid for the period of this amended Conditional Use approval. Should the
Conditional Use approval granted by this resolution expire a new certificate of
capacity shall be required.
The St. Lucie County Community Development 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.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes
AYE
Vice-Chairman Paula Lewis
AYE
Commissioner John Bruhn
AYE
Commissioner Frannie Hutchinson AYE
Commissioner Doug Coward NAY
PASSED AND DULY ADOPTED this 4th day of November 2003
File No.: CU-03-011
November 4, 2003
BOARD OF COUNTY CO~AF.~IONERS ':
,~Z:hairman
ATTESTE _ -D~p~ty C-Je~rR
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ATTEST:
DEPUTY CLERK
DJM
03-185a(H)
APPROVED AS TO FORM
AND ,~~./~REC.,TN ESS:
File No.: CU-03-011 Resolution 03-185
November 4, 2003 Page 6
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Exhibit A
Certificate of Capacity
File No.: CU-03-011 Resolution 03-185
November 4, 2003 Page 7
St Lucie County
Certificate of Capacity
Date 11/5/2003 Certificate No. 1368
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie Countv Comorehensive Plan for:
1. Tvoe of develooment Major Adjustment to a Conditional Use Permit
Number of units 0
Number of square feet
2. Property legal description & Tax ID no.
2209-311-0001-000/9
S of Orange Ave. app 3000 ft w of Sneed Rd
Treasure Coast Tractor Service, Inc.
3. Aooroval: Buildingl Resolution No. 03-185 Letter ]]/5/03
4. Subject to the following conditions for concurrency:
The operation of a second air curtain burner on a temporary basis to expire on 1/30/04. The operators
are to operate on alternating days and are not to utilize the equipment simultaneously or on the same
day.
Owner's name
Orrin Lawrence Vickers
Address
1210 Pulitzer Road
Ft. Pierce FL 34945
6. Certificate Expiration Date 1/30/2004
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed Co~2t~DD ~. ~~[ Date= 11/5/2003 ~¥ evelo'"omen Director
St Lucie County, Florid~
Wednesday, November 05, 2003 Page 1 of 1
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File No.: CU-03-011
November 4, 2003
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Exhibit B
· Vicinity Maps
· Site Location Map
Resolution 03-185
Page 9
,¢
A Petition of Treasure Coast Tractor Service, Inc.-Lawrence Vickers for a
Conditional Use to operate a second air curtain incinerator.
N.S.L.R.D.0. Com~ No 65
/
Oran,
le
N...__S.L.W.M.D.
Avenue
OR BOOK 1842 PAGE 2584
CU 03-011
~..////,~/~ This pattern indicates
subject parcel
GIS _~_.
Map prepared June 23, 2003