HomeMy WebLinkAbout05-135
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RESOLUTION 05-135
FILE NO.: CU-04-009
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO
AllOW MINING AND QUARRYING OF NON-METAlLlC
MATERIALS IN THE AG-1 (AGRICULTURAL - 1 DUlACRE)
ZONING DISTRICT FOR CERTAIN PROPERTY 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. Florida Resources, LLC, presented a petition for a Conditional Use Permit to allow
mining and quarrying of non-metallic materials in the AG-1 (Agricultural-1 du/acre)
Zoning District, depicted on the attached maps as Exhibit "B" and described in Part B
below.
2. On February 17, 2005, 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 a
conditional use permit to allow mining and quarrying of non-metallic materials in the
AG-1 (Agricultural - 1 du/acre) Zoning District for the property depicted on the
attached Maps as Exhibit "B" and described in Part B below.
3. On April 19, 2005, this Board 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.
4. The proposed 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.
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.
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 261177404/28/2005 at 10:23 AM
OR BOOK 2226 PAGE 2265 - 2273 Doc Type: RESO
RECORDING: $78.00
File No.: CU-04-009 Resolution 05-135
April 19, 2005 Page 1
Co ' M1y
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7. A Certificate of Capacity as required under Chapter V, St. Lucie Land Development
Code, a copy of which is attached to this resolution as Exhibit "A", was granted by the
Growth Management Director on April 19, 2005.
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 Florida Resources, LLC, to allow mining and quarrying of non-
metallic materials in the AG-1 (Agricultural-1 du/acre) Zoning District is hereby granted
for the property described below, subject to the following conditions:
1. The applicant shall perform surveys during each nesting season (February..July)
for the burrowing owl documented within the Conditional Use area. If the nest is
found to be active, weekly monitoring by a qualified biologist will be initiated to
document occupancy and nesting activity for each season that the nest is
occupied. Weekly monitoring will entail, at a minimum, observations of the nest
site for evidence of nesting and territorial behaviors. The applicant shall supply
copies of all reports documenting the results of these observations to the 51.
Lucie County Growth Management Department and the 51. Lucie County
Environmental Resources Division.
If the current nest site is found to be inactive, the applicant will survey for other
possible nest location in the conditional use area. Should another nest location
be found within the conditional use area, the monitoring requirements outlined
above shall apply.
If the nest site is found to be inactive, and no other active nest site is located
within the conditional use area, the applicant will perform monthly monitoring of
the nest site to verify the inactive status.
If the nest site is determined to be inactive for two consecutive nesting periods,
and no other active nest site is found within the conditional use area, the
monitoring and reporting requirements outlined above shall not be required any
longer.
2. A qualified biologist shall conduct surveys for the Audubon's Crested Cara Cara
on project lands during the nesting season (December - August).
3. Prior to the issuance of a mining permit, the applicant shall submit a Management
and Monitoring Plan to St. Lucie County identifying long term maintenance
activities for the Burrowing Owl areas. The plan shall contain at a minimum:
a. The prohibition of pesticides within the 150 foot buffer area;
b. The location and type of fencing that shall be provided, at a minimum
around the outer edge of the 150 foot radius surrounding the burrow. The
fencing used shall allow for the passage of wildlife underneath the fence;
File No.: CU-04-009
April 19,2005
Resolution 05-135
Page 2
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11 B.
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32 E.
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c. Installation of aT-perch near the burrow if the identified nest or another in
the vicinity is found to be active;
d. A copy of brochures that shall be used to identify the burrowing owl
protective zone and to be used to educate project personnel about the owl
and proper protocol if an owl is observed in the project area. These
brochures shall be distributed to all project personnel; and,
e. A copy of brochures that shall be distributed to all project personnel with
information regarding the Crested Cara Cara and protocol to follow should
a Crested Cara Cara be sighted in the construction area.
The property on which this conditional use permit is being granted is described as
follows:
THE EAST 'h OF THE SOUTHWEST V. OF SAID SECTION 29 AND THE NORTHWEST V. OF
SAID SECTION 29 CONTAINING 240.97 ± ACRES, MORE OR LESS. (Tax 10#: Part of 3415-
501~065~OO/4)
(Location:
South side of Indrio Road, approximately 'h mile west of Interstate 95.
Access to the site is provided through an easement from Indrio Road)
This Conditional Use Permit approval shall expire on April 19, 2006, unless a zoning
compliance is obtained or an extension is granted in accordance with Section
11.02.06(B)(3), St. Lucie County Land Development Code.
The Conditional Use Permit approval granted under this Resolution is specifically
conditioned to the requirement that the petitioner, Florida Resources, LLC, including any
successors in interest, shall obtain all necessary permits and authorizations from the
appropriate Local, State, and Federal regulatory authorities prior to the issuance of any
local building permits or authorizations to commence development activities on the
property described in Part B.
The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid
for the period of Conditional Use approval. Should the Conditional Use 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.
The St. Lucie County Growth Management 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 Frannie Hutchinson
AYE
Vice-Chairman Doug Coward
AYE
File No.: CU-Q4-Q09
April 19, 2005
Resolution 05-135
Page 3
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Commissioner Paula A. Lewis
Commissioner Joseph E. Smith
Commissioner Chris Craft
AYE
AYE
AYE
PASSED AND DULY ADOPTED This 19th Day of April 2005.
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File No.: CU-04-Q09
April 19, 2005
Resolution 05-135
Page 4
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EXHIBIT "A"
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Certificate of Capacity
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File No.: CU-04-009
Apri119. 2005
Resolution 05-135
Page 5
St Lucie County
Certificate of Capacity
Date 4/21/2005
Certificate No. 2034
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 County Comprehensive Plan for:
1. Type of development Conditional Use Permit
Number of units 0 Number of square feet
2. Property legal description & Tax ID no.
Part of3415-501-0065-000/4
S side ofIndrio Road, 1 mi w of [-95
Ft. Pierce South Mine
3. Approval: Buildinç¡
Resolution No. 05-135
Letter
4. Subject to the following conditions for concurrency:
See Resolution
Owner's name
Florida Resources, LLC
Address
13939 Indrio Road
Fort Pierce
FL 34945
6. Certificate Expiration Date 4/19/2006
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
Ik:.vi I ~
v
Date: 4/21/2005
~ Growth Management Director
St Lucie County. Florida
Thursday, April 21, 2005
Page 1 012
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EXHIBIT "B"
General Location Map
Area Subject to the Conditional Use
Permit Approval
File No.: CU-04-009
April 19, 2005
Resolution 05-135
Page 7
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A petition of Florida Resources, LLC, for a Conditional Use Permit to allow the
operation of a sand mine in the AG-1 (Agricultural-1 du/acre) Zoning District.
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CU 04-009
Legend
Subject property
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Map prepared January 31, 2005