HomeMy WebLinkAbout03-092
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(, j'!,\,,: ,fir 1 U1V'QICpO\utJOANNE HOLMAN, CLERK OF THE CIRCU~T COUR\ - r'l SAINT LUCIE COUNTY
flj'I" '111 File Number: 2261975 OR BOOK 1786 PAGE 2J5.::
't~~'i>;//)a Recorded:08/29/03 08:29
t.'1'I f~ih Ma 1L,11;W LLR ESO L UTION 03-092
FILE NO.: MJCU-03-001 and SPMJ-03-001
A RESOLUTION GRANTING A MAJOR
ADJUSTMENT TO AN APPROVED
CONDITIONAL USE PERMIT AND A MAJOR
ADJUSTMENT TO AN APPROVED MAJOR SITE
PLAN APPROVAL TO ALLOW A 77-ACRE
EXPANSION TO THE EXISTING SAND AND
CONQUINA ROCK MINING OPERATION
KNOWN AS STEWART SAND MINING
OPERATION AT BROWN RANCH IN THE AG-1
(AGRICULTURAL, 1 DU/ACRE) 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:
MAJOR ADJUSTMENT TO AN APPROVED
CONDITIONAL USE PERMIT
1. Edaar A. Brown. Brown Ranch. Inc.. presented a petition for a Major Adjustmentto a
Conditional Use Permit to allow for a 77-acre expansion to the Phase II mining
permit for the sand and coquina rock mining operation known as Stewart Sand
Mining Operation at Brown Ranch, in the AG-1 (Agricultural - 1 du/acre) Zoning
District for the property described in Part B.
2. On November 5, 1996, this Board approved the application of Edgar A. Brown,
through Resolution 96-185, for a Conditional Use Permit and Major Site Plan
approval for a portion of the Brown Ranch, to permit the operation of a 20 year, 280
acre sand and coquina rock mining operation known as Stewart Sand Mining
Operation at Brown Ranch.
3. On October 28, 1998, the County approved a Minor Adjustment to the Mining Permit
increasing the size of the Phase 1 pit and decreasing the size of the Phase II pit, but
maintaining the original 80 acres of quarrying area.
File No.: MJCU-03-001\SPMJ-03-003
August 19,2003
Resolution 03-092
Page 1
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OR BOOK 1786 PAGE 2353
On July 17, 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 approve the
hereinafter described request for a Major Adjustment to an approved Conditional
Use Permit in the AG-1 (Agricultural - 1 du/acre) Zoning District for the property
described in Part B.
On August 19, 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 within 500 feet
of the subject property.
The proposed Major Adjustment to the approved Conditional Use is 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 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.
Adequate on-site water and sewer will service the proposed project.
A Certificate of Capacity, a copy of which is attached to this resolution, was granted
by the Community Development Director on August 19, 2003.
Section 11.07.05{B) of the St. Lucie County Land Development Code requires that
all applications for Conditional Use Permit include a full site plan if the proposed use
or development meets the submission requirements of Section 11.02.02 of the Land
Development Code.
MAJOR ADJUSTMENT TO AN APPROVED SITE PLAN
Edaar A. Brown. Brown Ranch. Inc.. presented a petition for a Major Adjustment to a
Conditional Use Permit to allow for a 77-acre expansion to the Phase II mining
permit for the sand and coquina rock mining operation known as Stewart Sand
Mining Operation at Brown Ranch, in the AG-1 (Agricultural - 1 du/acre) Zoning
District for the property described in Part B.
On November 5, 1996, this Board approved the application of Edgar A. Brown,
through Resolution 96-185, for a Conditional Use Permit and Major Site Plan
approval for a portion of the Brown Ranch, to permit the operation of a 20 year, 280
acre sand and coquina rock mining operation known as Stewart Sand Mining
Operation at Brown Ranch.
File No.: MJCU-03-001\SPMJ-03-003
August 19, 2003
Resolution 03-092
Page 2
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OR BOOK 1786 PAGE 2354
13. On October 28, 1998, the County approved a Minor Adjustment to the Mining Permit
increasing the size of the Phase 1 pit and decreasing the size of the Phase II pit, but
maintaining the original 80 acres of quarrying area.
14. The Development Review Committee has reviewed the petition for a Major
Adjustment to a Major Site Plan approval and found it to meet all technical
requirements of the Land Development Code and to be consistent with the future
land use maps of the St. Lucie County Comprehensive Plan, subject to the
conditions set forth in Part D of this Resolution.
15. On July 17, 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 approve the
hereinafter described request for a Major Adjustment to an approved Conditional
Use Permit in the AG-1 (Agricultural - 1 du/acre) Zoning District for the property
described in Part B.
16. On August 19, 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 within 500 feet
of the subject property.
17. The proposed project is consistent with the general purpose, goals, objectives and
standards of the St. Lucie County Comprehensive Plan, the St. Lucie County Land
Development Code and the Code of Ordinances of St. Lucie County.
18. 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 the public health, safety and general welfare.
19. All reasonable steps have been taken to minimize any adverse effect of the
proposed project on the immediate vicinity through building design, site design,
landscaping and screening.
20. The proposed project will be constructed, arranged and operated so as not to
interfere with the development and use of neighboring property, in accordance with
applicable district regulations.
21. Adequate on-site water and sewer will service the proposed project.
22. A Certificate of Capacity, a copy of which is attached to this resolution, was granted
by the Community Development Director on August 19, 2003.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
File No.: MJCU-03-001\SPMJ-03-003
August 19, 2003
Resolution 03-092
Page 3
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OR BOOK 1786 PAGE 2355
MAJOR ADJUSTMENT TO AN APPROVED
CONDITIONAL USE PERMIT
Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Major Adjustment to an approved Conditional Use Permit for Edgar A. Brown, Brown
Ranch, Inc., to allow a 77-acre expansion to the existing 20-year 280 acre sand and
coquina rock operation known as Stewart Sand Mining Operation at Brown Ranch, in
the AG-1 (Agricultural- 1 du/acre) Zoning District and as depicted on the site plan
drawings described in Part D, is hereby granted for the property described in Part B,
subject to the conditions described in Part D.
The property on which this Major Adjustment to an approved Conditional Use Permit
is being granted is described as follows:
THE WEST 1/2 OF THE SOUTHEAST 1/4, LESS THE NORTH 38 FEET THEREOF, AND
THAT PART OF THE SOUTHWEST 1/4 LYING EAST OF THE CENTERLINE OF THE
FORT PIERCE FARMS WATER CONTROL DISTRICT DIKE LESS THE NORTH 494.63
FEET THEREOF, ALL BEING IN SECTION 18, TOWNSHIP 34 SOUTH, RANGE 39 EAST,
ST. LUCIE COUNTY, FLORIDA.
Tax ID No. 1318-143-0026-000n
(Location: South side of Indrio Road, approximately % mile west of 1-95)
A copy of this Resolution shall be attached to the site plan drawings described in
Part D, which plan shall be placed on file with the St. Lucie County Community
Development Director.
MAJOR ADJUSTMENT TO AN APPROVED SITE PLAN
Pursuant to Section 11.02.09 and Section 11.07 .05(B) of the St. Lucie County Land
Development Code, the Major Adjustment to an approved Major Site Plan for the
project known as Stewart Sand Minina at Brown Ranch be, and the same is
hereby, approved as shown on the site plan drawings for the project prepared by
Environmental & Permitting Services, Inc., dated March 19,2003 and last revised on
June 6, 2003 and date stamped received by the St. Lucie County Community
Development Director on June 13, 2003, subject to the following conditions:
1. Prior to commencing any operation of the mining efforts on the approximate
77 acres of land, the applicant shall be required to obtain an approved mining
permit from the St. Lucie County Public Works Department that is consistent
File No.: MJCU-03-001\SPMJ-03-003
August 19,2003
Resolution 03-092
Page 4
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OR BOOK 1786 PAGE 2356
with Section 6.06.00 of the Land Development Code and Section 11.05.01 of
the Land Development Code.
2. Prior to the commencement of any mining activities within the planned
expansion area, the applicant shall submit to St. Lucie County a Habitat
Management Plan (HMP) for the Crested Caracara or an appropriate form of
approval for the commencement of mining/land alteration activities from the U.
S. Fish and Wildlife Service, if such a permit or approval is required.
3. If the total herbaceous cover has not reached 50% of the improved marsh area,
within one year of planting, an additional 1000 plants shall be required to be
installed in order to enhance the wetland. The additional plants shall be
comprised of at least two other species than those currently proposed such as
Spike rush (Eleocharis cellulose), Arrow-Arum (Peltandra virginica) or Sand
Cordgrass (Spartina bakeri).
The property on which this site plan approval is being granted is described in Part B of this
Resolution.
The approvals and authorizations granted by this Resolution are for the purpose of obtaining
mining permit and building permits on this property and shall expire on August 19, 2004,
unless the developer has obtained a building permit approval for the site plan described in
Part D or an extension has been granted in accordance with Section 11.07 .05(F) of the St.
Lucie County Land Development Code.
The Major Adjustment to a Conditional Use Permit and Major Adjustment to a Major Site
Plan approval granted under this Resolution is specifically conditioned to the requirement
that the petitioner, Edgar A. Brown, Brown Ranch, Inc., including any successors in interest,
shall obtain all necessary development permits and construction authorizations from the
appropriate State and Federal regulatory authorities, including but not limited to: the United
States Army Corps of Engineers, the Florida Department of Environmental Protection,
Florida Fish and Wildlife Conservation Commission 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 of this Resolution.
The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid
for the period of Conditional Use/Site Plan approval. Should the Conditional Use/Site Plan
approval granted by this Resolution expire or an extension be sought pursuant to Section
11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity
shall be required.
File No.: MJCU-03-001\SPMJ-03-003
August 19,2003
Resolution 03-092
Page 5
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OR BOOK 1786 PAGE 2357
I. The conditions set forth in Part 0 are an integral nonseverable part of the site plan approval
granted by this Resolution. If any condition set forth in Section 0 is determined to be invalid
or unenforceable for any reason and the developer declines to comply voluntarily with that
condition, the site plan approval granted by this resolution shall become null and void.
J. A copy of this resolution shall be attached to the site plan drawings described in Part 0,
which plan shall be placed on file with the St. Lucie County Community Development
Director. Further, the 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 Doug Coward AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DUL V ADOPTED This 19th Day of August 2003.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA./
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H: IW PI Conditional Uses/Stewart Mine/Agendas/Resolution ,03092,doc
File No.: MJCU-03-001\SPMJ-03-003
August 19, 2003
Resolution 03-092
Page 6
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OR BOOK 1786 PAGE 2358
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CERTIFICATION OF CAPCITY
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File No.: MJGU-03-001\SPMJ-03-003
August 19,2003
Resolution 03-092
Page 7
OR BOOK 1786 PAGE 2359
8t Lucie County
Certificate of Capacity
Date 8/21/2003 Certificate No. 1237
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 5t
Lucie County Comprehensive Plan for:
1. Type of development Mjr Adj Conditional Use Permit / Site Plan
Number of units 0
Number of square feet
2. Property legal description & Tax ID no.
1318-143-0026-000/7
S side of Indrio Rd, app. 3.4 mile W of 1-95
Stewart Mine
3. Approval: Building
Resolution No. R-03-092
Letter 08/21/03
4. Subject to the following conditions for concurrency:
To permit an approximately 77 acre expansion to Pit II of the Stewart Mining Operation at Brown
Ranch; subject to the three limiting conditions found in the resolution
Owner's name
Edgar A. Brown
Address
13939 Indrio Road
Ft. Pierce
FL 34945
6. Certificate Expiration Date 8/19/2004
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.
'(JY\ 0 T7U
Date: 8/21/2003
Signed
Co unity Development Dir ctor
5t Lucie County. Florida
Thursday, August 21, 2003
Page 1 of1
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10 LOCA TION MAPS
11 AND
12 SITE PLANS
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File No.: MJCU-03-001\SPMJ-03-003
August 19,2003
Resolution 03-092
Page 9
Land Use
Brown Ranch, Inc.
OR BOOK 1786 PAGE 2361
SD-
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Indrio Road
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Map prepared June 25, 2003
Thit map hu bMn COfl1)iIed rorgener8lplnling Md t*ence ~ orWy. N
'M1Ie ...wy lIfb1 hM been !Mdt k) pRMdiI .. moeI WIf<<II.-1d 8OOl.II:ahI
IrItotrNtion possible, it ill not IrQnded tor UN .. . ~ twd1g dclc:unn.
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Brown Ranch, Inc.
Zonin
OR BOOK 1786 PAGE 2362
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CUMJ 03-001 & SPMJ 03-003
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Map prepared June 25, 2003
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This mtp flu bMn ~ bg.wllpl8mng and,.,.,...,. PlMpoMI onty. N
WhItt .-...y eIIart hu been med8 10 prtMdt the RlOIC WNnlIf'ld 8CCI.nI8
nIormaIicw1 poqibIe, it Is not i1IendId lor... .. . ~ binding documert.
OR BOOK 1786 PAGE 2363
Brown Ranch, Inc.
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GIS, 7"~.k
Map prepared June 25. 2003
Thit~ hU~~ loro-w-lpllrri1g InCI ~putpOMIMy N
~ ~ efforIha bien ~ 10 prOlIide Ihe moetcurrenlMd.xll.l'1M
Rormation poereibIe, if it not nended bUN. . iegIMy t*ldIng doc:unn.
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subject parcel
OR BOOK 1786 PAGE
50-_:' BISek and White Photograph was obtained from 51. Lucie County Property Appraiser in the
form of a Digital Orthophotograph, Date of Black & White Photography: F'ebruary 2000,
So~ce Scale: 1 Inch equals 200 feet (1 :2,4(0),
w.'
S
400
800 Feet
,
FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM, 1999
FLUCFCS CODE LAND USE ACREAGE
211
520
641
Improved Pasture
Lakes
Freshwater Marshes
Total
195,59
165,23
9,80
370,62
STEWART MINING INDUSTRIES, INC.
COQUINA MINE AT BROWN RANCH
ST. LUCIE COUNTY, FLORIDA
ENVIRONMENTAL IMPACT REPORT
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FIGURE 9
Donald A. Griffey, PE #36799
GRFFEY ENGINEERING, INC,
2001 Ol.D HWY ..1, SUITE 2
UOUHT DORA, R. 32757
-
-
File: 864-302,apr
Date: 5/6/03
POST-MINING LAND USE
Revised: 6/9/03 Created By: NTL
LPG Environmental &
Permitting Services, Inc.
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........::n=..:,z",:.:,..~:-:8t !~ .-17