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HomeMy WebLinkAboutGM-07-010 - Guettler Brothers '...... ~ (ßN 10: [11+13 +=-, "0 & ¡;1; \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 GM-07-010 CUMJ-06-004 A RESOLUTION GRANTING A MINOR ADJUSTMENT TO CHANGE THE APPLICANT AND AGENT NAME ON AN APPROVED CONDTIONAL USE PERMIT FOR A SAND MINING OPERATION IN THE AG-S (AGRICULTURAL - 1 DU/SACRES) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for a minor adjustment to an approved conditional use permit submitted by Guettler Brothers Construction, LLC, reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Guettler Brothers Construction, LLC, presented a petition for a Minor Adjustment to a Conditional Use Permit to change the applicant and agent name on the conditional use permit that allows for a 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 June 6, 2006, through Resolution 06-049, the St. Lucie County Board of County Commissioners approved the petition of Guettler & Sons, LLC for a Conditional Use Permit to allow for a sand mining operation of two borrow pits in the AG-5 (Agricultural - 1 unit per 5 acres) Zoning District. 3. The proposed Minor Adjustment to an Approved Conditional Use Permit is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.05(E) of the St. Lucie County Land Development Code. 4. The proposed modification 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. 5. The applicant has received a Certificate of Capacity, a copy of which is attached to this order as Exhibit "A", as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 309805008/21/2007 at 04:28 PM OR BOOK 2868 PAGE 2627 - 2632 Doc Type: RESO RECORDING: $52.50 GM No. 07-010 August 9,2007 1 A. 2 3 4 5 6 7 8 9 10 11 12 B. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Pursuant to Section 11.07.05(E) of the St. Lucie County Land Development Code, the request of Guettler Brothers Construction, LLC for a Minor Adjustment to change the name and agent of an Approval Conditional Use Permit for a sand mining operation in the AG-5 (Agricultural - 1du/5 acres) Zoning District is hereby granted for the property described below, subject to the following condition: All conditions and obligations set forth in Resolution No. 06- 049 approving the original conditional use permit shall remain in full force and effect. The property on which this Conditional Use Adjustment 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 August 9,2007 GM No. 07-010 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 C. 40 41 42 43 44 45 229.73 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; 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.) The approval granted under this administrative order is specifically conditioned to the requirement that the petitioner, Guettler Brothers Construction, LLC, 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, and the South Florida Water Management District, prior to the issuance of any local August 9, 2007 GM No. 07-010 Page 3 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 building permits of authorizations to commence development activities on the property described in Part A D. 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. F. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 9th Day of August, 2007. GROWTH MANAGEMENT DIRECTOR ST. LUCIE COUNTY, FLORIDA BY e~ !1/-j Bob Nix APPROVED AS TO FORM AND CORRECTNESS: BY August9,2007 GM No. 07-010 Page 4 1 2 3 4 5 EXHIBIT "A" 6 . Certificate of Capacity Exemption August9,2007 GM No. 07-010 Page 5 CERTIFICATE OF CAPACITY EXEMPTION 2300 Virginia Avenue Ft. Pierce, FL 34982 (772)-462-2822 Date 8/6/2007 Certificate No. 4860 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 Change Applicant/Agent info on permit. Number of units Number of square feet 2. Property legal description & Tax ID no. 311011400400009;311122400010005;311511100010000;311422100010005 S. side of Okeechobee Rd, 4 mi. w. Summerlin Guettler Brothers Construction, LLC 3. Approval: Building Resolution No. 07-010 Letter 4. As part of the development: 5. On property owned by Edna L Guettler L C 318 NE Genessee Ave Port St Lucie FL 34983 is hereby granted a Certificate of Capacity Exemption according to Chapter 5.02.02 AO SO CO DO EO F~ GO HO 10 JO of the St Lucie County Land Development Code. 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. 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. 80 ß NI.'l Growth Management Director: St Lucie County, Florida Signed Scr?l1o/ Date: 8/6/2007 ~tJDRGMJ ~DDúE Concurrency Review by: Sig~4 V-- ... Date: 8/6/2007 Monday, August 06, 2007 Page 1 of 1