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EDWIN M. FRY. Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 2882910 06/20/2006 at 03:04 PM
OR BOOK 2593 PAGE 1822 - 1824 Doc Type: RESO
RECORDING: $27.00
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RESOLUTION NO. 06-049
FILE NO.: CU·06·002
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW A
SAND MINING OPERATION IN THE AG-5 (AGRICULTURAL
1DU/5ACRES) 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:
1. Guettler & Sons, LLC, presented a petition for a Conditional Use Permit to the sand mining
operation of two borrow pits in the AG-5 (Agricultural - 1 du/5 acres) Zoning District for the
property described in Part B.
2. On May 18, 2006, 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 Conditional Use
Permit in AG-5 (Agricultural ·1du/5 acres) Zoning for the property described below.
3. 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.
4. 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.
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 Guettler & Sons, LLC to allow the sand mining operation of two borrow pits in the
AG-5 (Agricultural - 1du/5 acres) Zoning District is hereby granted for the property described
below, subject to the following conditions:
1. Prior to the issuance of a Vegetation Removal Permit, the developer, his successors or
assigns, shall provide the St. Lucie County Environmental Resources Department with
documentation verifying the wetland boundaries from jurisdictional agencies, if any.
2. Prior to the issuance of a Vegetation Removal Permit the developer, his successors or
assigns, shall provide the St. Lucie County Environmental Resources Department with
documentation from jurisdictional agencies assessing the direct and indirect effects on
anyon-site or adjacent wetland systems, if any.
3. Prior to the issuance of a Vegetation Removal Permit the developer, his successors or
assigns, shall provide the St. Lucie County Environmental Resources Department with
documentation incorporating any avoidance, minimization, and mitigation measures
recommended by the jurisdictional agencies, if any.
File No.: CU-06-002
June 6, 2006
Resolution No. 06-049
Page 1
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4. Prior to the issuance of a Vegetative Removal Permit the developer, his successors or
assigns, shall provide the SI. Lucie County Environmental Resources Department with a
Crested Caracara Protection Plan approved by the US Fish and Wildlife Service, if any.
The property on which this Conditional Use approval is being granted is described as follows:
A PARCEL OF LAND BEING A PORTION OF THAT CERTAIN PARCEL DESCRIBED
IN OFFICIAL RECORDS BOOK 451, PAGE 2950, PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA, LYING IN SECTIONS 10 AND 15, TOWNSHIP 36 SOUTH,
RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A THE SOUTHWEST CORNER OF SAID SECTION 10;
THENCE NORTH 00 DEGREES 45' 06" WEST, ALONG THE WEST LINE OF SAID
SECTION 10, A DISTANCE OF 1,666.39 FEET TO A POINT ON THE SOUTH RIGHT-
OF- WAY LINE OF STATE ROAD 70, AS RECORDED IN OFFICIAL RECORD BOOK
2143, PAGE 1630, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND A
POINT ON A NON-TANGENT CURVE, THROUGH WHICH A RADIAL LINE BEARS
SOUTH 47 DEGREES 41' 16" EAST, SAID CURVE BEING CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 3,689.72 FEET; THENCE NORTHEASTERLY,
DEPARTING SAID WEST LINE, ALND ALONG THE ARC OF SAID CURVE AND SAID
SOUTH RIGHT - OF - WAY LlLNE, THROUGH A CENTRAL ANGLE OF 25
DEGREES 52' 50", AN ARC DISTANCE OF 1,666.66 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUE EASTERLY ALONG SAID CURVE AND SAID SOUTH RIGHT-
OF WAY LINE THROUGH A CENTRAL ANGLE OF 00 DEGREES 28' 06", AN ARC
DISTANCE OF 30.15 FEET; THENCE SOUTH 15 DEGREES 47' 49" EAST,
DEPARTING SAID SOUTH RIGHT- OF -WAY LINE, A DISTANCE OF 526.50 FEET;
THENCE SOUT 14 DEGREES 26' 45" EAST, A DISTANCE OF 505.75 FEET; THENCE
SOUTH 22 DEGREES 44' 33" EAST, A DISTANCE OF 197.82 FEET; THENCE SOUTH
00 DEGREES 58' 18" WEST, A DISTANCE OF 91.28 FEET; THENCE SOUTH 18
DEGREES 50' 07" WEST, A DISTANCE OF 229.73 FEET; THENCE SOUTH 06
DEGREES 45' 01" EAST, A DISTANCE OF 117.91 FEET; THENCE SOUTH 16
DEGREES 53' 14" EAST, A DISTANCE OF 125.99 FEET; THENCE SOUTH 08
DEGREES 45' 08" EAST, A DISTANCE OF 122.95 FEET; THENCE SOUTH 25
DEGREES 30' 14" EAST, A DISTANCE OF 44.56 FEET; THENCE NORTH 90
DEGREES 00' 00" EAST, A DISTANCE OF 597.73 FEET; THENCE NORTH 00
DEGREES 00' 00" EAST, A DISTANCE OF 107.40 FEET; THENCE NORTH 54
DEGREES 33' 29" EAST, A DISTANCE OF 149.75 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF
40.00 FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 36 DEGREES 35' 44", AN ARC DISTANCE OF 25.55 FEET;
THENCE SOUTH 88 DEGREES 50' 46" EAST, A DISTANCE OF 994.02 FEET;
THENCE SOUTH 16 DEGREES 23' 32" EAST, A DISTANCE OF 275.18 FEET;
THENCE SOUTH 00 DEGREES 55' 18" WEST, A DISTANCE OF 734.03 FEET;
THENCE SOUTH 21 DEGREES 34' 37" WEST, A DISTANCE OF 953.02 FEET;
THENCE SOUTH 37 DEGREES 34' 03" WEST, A DISTANCE OF 218.85 FEET;
THENCE SOUTH 55 DEGREES 20' 38" WEST, A DISTANCE OF 677.90 FEET;
THENCE NORTH 31 DEGREES 28' 36" WEST, A DISTANCE OF 724.10 FEET;
THENCE NORTH 57 DEGREES 51' 59' EAST, A DISTANCE OF 343.14 FEET;
THENCE NORTH 31 DEGREES 56' 03" WEST, A DISTANCE OF 1,710.24 FEET;
THENCE NORTH 88 DEGREES 01' 36" EAST, A DISTANCE OF 198.66 FEET;
THENCE NORTH 25 DEGREES 30' 14" WEST, A DISTANCE OF 38.19 FEET;
File No.: CU·06-002
June 6, 2006
Resolution No. 06-049
Page 2
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THENCE NORTH 08 DEGREES 45' 08" WEST, A DISTANCE OF 125.24 FEET;
THENCE NORTH 16 DEGREES 53' 14" WEST, A DISTANCE OF 126.51 FEET;
THENCE NORTH 06 DEGREES 46' 01" WEST, A DISTANCE OF 127.38 FEET;
THENCE NORTH 18 DEGREES 50' 07" EAST, A DISTANCE OF 80.26 FEET:
THENCE NORTH 22 DEGREES 44' 33" WEST, A DISTANCE OF 193.70 FEET;
THENCE NORTH 14 DEGREES 26' 45" WEST, A DISTANCE OF 507.58 FEET;
THENCE NORTH 15 DEGREES 47' 49" WEST, A DISTANCE OF 523.11 FEET TO A
POINT ON SAID SOUTH RIGHT - OF -WAY LINE OF STATE ROAD 70 AND THE
POINT OF BEGINNING. CONTAINING 70.40 ACRES, MORE OR LESS.
(Location: South side of State Road 70, four miles west of C-24 Canal.)
C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining
permits on this property and shall expire on June 6, 2007, unless the developer has obtained a
building permit approval for the uses described in Part A above, or an extension has been
granted in accordance with Section 11.07.05(F), SI. Lucie County Land Development Code.
D. The SI. 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 SI. 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 Doug Coward
AYE
Vice-Chairman Chris Craft
AYE
Commissioner Joseph E. Smith
AYE
Commissioner Paula A. Lewis
AYE
Commissioner Frannie Hutchinson
AYE
PASSED AND DULY ADOPTED this 6th Day of June 2006.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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File No.: CU-06·002
June 6, 2006
Resolution No. 06·049
Page 3