HomeMy WebLinkAbout08-092
.
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3271692 10/24/2008 at 09:08 AM
OR BOOK 3027 PAGE 1362 - 1373 Doc Type: RESO
RECORDING: $103.50
,.
Resolution 08-092
File No.: CU 06-004
A RESOLUTION OF THE ST. lUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS GRANTING A CONDITIONAL
USE PERMIT TO AllOW FOR A SAND AND ROCK MINING
OPERATION IN THE AG-5 (AGRICULTURAL - 1 DU/5
ACRES) ZONING DISTRICT FOR THE 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. GINN-LA WSL LTD., LLLP, presented a petition for a Conditional Use Permit to
allow for the operation of a Class II Mining Operation to be known as D'Albora
Groves at Stark Ranch, in the AG-5 (Agricultural- 1 du/5 acre) Zoning District for
the property depicted on the attached map in Exhibit "A" and described in Part B
below.
2. On May 15, 2008, 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. the AG-5
(Agricultural, 1 du/5 acres) Zoning District for the property described in part B.
3. On October 7, 2008, this Board held a public hearing on the petition for a
Conditional Use Permit, after publishing a notice of such hearing and rlotifying by
mail all owners of property within 500 feet of the subject property.
4. The proposed Conditional Use Permit, with the conditions therein, 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. With the proposed conditions, the 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.
6. The proposed project will be served by an onsite well and septic system.
October 7, 2008
File No.: CU 06-004
Resolution No. 08-092
Page 1
7. The applicant has received a Certificate of Capacity, a copy of which is attached
to this order as Exhibit "B", 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: .
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit for GINN-LA WSL LTD. LLLP, to allow the operation of a
sand and rock mine, to be known as D'Albora Groves at Stark Ranch, in the AG-
5 (Agricultural - 1 du/5 acre) Zoning District, at the location described in Part B,
is hereby approved subject to the following conditions:
1. The mining activities on the property described in Part B shall consist of: the
surveyed limits of the parcel known as D'Albora Grove, the haul road to
service the mining activity, and the surveyed limits of the western half of the
future right-of-way for Range Line Road.
2. Prior to commencing of the mining operations the property, the applicant,
successors or assigns shall obtain an approved Mining Permit from the St.
Lucie County Public Works Department that is consistent with this order and
the Land Development Code Sections 6.06.00 and 11.05.11.
3. Prior to commencing any operation of the mining efforts on the property, the
applicant shall be required to improve the intersection of Glades Cut-Off Road
and Range Line Road. The final improvements and designs shall be
approved by the County Engineer.
4. Prior to commencing any operation of the mining efforts on the property, the
applicant shall be required to construct, to St. Lucie County Standards, the
future west half of the right of way section for Range Line Road from the
intersection of Glades Cut Off Road north to the unpaved haul road. The final
width alignment and designs shall be approved by the County Engineer.
5. Prior to commencing any operation of the mining efforts on the property, the
applicant shall be required to construct a right turn lane from westbound
Glades Cut-Off Road onto the newly constructed northbound extension of
Range Line Road.
6. Prior to the construction of any residential or commercial development within
200 feet of the mining operation, buffering shall be completely installed in the
form of a wall, hedge, or other durable landscape barrier of at least six feet in
October 7, 2008
File No.: CU 06-004
Resolution No. 08-092
Page 2
height that forms a continuous screen between the uses (per SLC LDR
Section 6.06.01.B.1.c.2).
7. Prior to any ERD-related site work, the applicant shall have obtained and
provided ERD with all required federal and state permits and a copy of the
approved SLC mining permit. If federal or state agency compliance requires
modification to the mining plan, the applicant will promptly modify the plans
and submit to SLC for review and approval. The applicant will not use the
County's development approval to prevent compliance with any federal or
state agency requirements.
8. Tree preservation areas and the archaeological preserve shall be covered by
conservation easement(s). Within 90 days of Mining Permit approval or prior
to approval of a Notice of Vegetation Removal, whichever comes first, the
applicant shall provide required executed SLC (or SFWMD) conservation
easement form(s) for the Tree Preservation Areas and Archaeological
Preserve and a cashier's check, payable to the Clerk of the Court for the
appropriate recording fees, to the County Attorney for review and approval.
No easement will be approved if there are modifications made to the SLC or
SFWMD easement form without prior approval of the County Attorney and
ERD.
9. The following Best Management Practices shall be implemented throughout
the life of the mining project during wading bird nesting seasons (January
through June):
a. If mining and/or associated clearing and road-building activities are to
commence during nesting season, all wetlands within 300 feet of the
proposed impact areas shall be surveyed during the nesting season per
Florida Fish and Wildlife Conservation Commission (FFWCC) protocol
prior to approval of a Notice of Vegetation Removal. General information
and data collection protocols can be obtained from FFWCC.
b. The permittee will conduct monthly nesting surveys every nesting season
throughout the active mining period. Surveys should cover all wetlands
within 300 feet of the proposed mining activity areas (including haul roads,
mining cells, etc.).
c. Surveys for detecting nesting activity should be completed prior to
movement of equipment, operation of vehicles, or other activities that
could potentially disrupt nesting behavior or cause harm to the birds or
their eggs or young.
d. The FFWCC Regional Biologist and St. Lucie County ERD should be
notified in writing within 24 hours if a nest is observed in a wetland within
300 feet of the proposed mining activity area.
October 7, 2008
File No.: CU 06-004
Resolution No. 08-092
Page 3
e. A protective buffer zone, up to 300-feet wide if possible, should be created
around any State or Federally-protected nests or colonial nesting areas in
minimum accordance with FFWCC and US Fish and Wildlife Service
(USFWS) protocol. Any and all construction activities, including
movement of vehicles, should be prohibited in the buffer zone.
f. The width of the buffer zone shall be increased if upon notification by
permittee or during the course of site visits, FFWCC staff determine the
birds appear agitated or disturbed by mining, construction, or other
activities in adjacent areas.
g. FFWCC staff may assist the permittee with posting buffer zones with
clearly marked signs around the perimeter. If required by FFWCC, local
office contact information will be included on the signage. If necessary,
these markings shall be maintained until nesting is completed or
terminated.
10. The applicant shall install piezometers between each wetland and the
conditional use boundary, prior to release of the pre-mining bond. Monitoring
results shall be provided to SLC and SFWMD throughout the duration of
mining activities, and any impacts to wetland hydrology shall be properly
remediated or mitigated as required by state, local, and/or federal government.
11. Within 60 days of mining permit approval, the following easements shall be
dedicated to SLC:
a. A 40-foot wide pedestrian access easement for a future greenways and
trails connection along the western boundary of the mine, extending to the
northern property line, as depicted on the site plan; and
b. A 40-foot wide pedestrian access easement extending west from the
southwest corner of the mine, through the existing 60' wide parcel (parcel
ID 3234-111-0001-0006) and to the eastern property line of the County's
Paleo Hammock Preserve, as depicted on the site plan. The pedestrian
access easement shall not block, restrict or encumber any existing
easements, including existing ingress, egress or drainage rights (including
the right to maintain drainage improvements).
12. Exotics shall be removed and trees shall be planted along the mine's northern
boundary in a manner approved by the SLC Environmental Lands Manager
and consistent with the Greenways and Trails planting plans implemented
elsewhere on-site, upon written notification by the Environmental Lands
Manager, after removal of the South Florida Water Management District
(SFWMD)-owned berm along the canal. The applicant shall cooperate with
SFWMD on any request to remove the berm, but the applicant shall not be
required to incur cost for the berm removal, as part of this condition.
October 7, 2008
File No.: CU 06-004
Resolution No. 08-092
Page 4
13. Within 6 months of mining permit issuance, invasive exotics shall be removed
and a continuous 12-foot wide stabilized path shall be constructed within the
entire length of all requested 40-foot wide pedestrian access easements. The
applicant shall coordinate with the SLC Environmental Lands Manager to
determine the exact route of the 12-foot path within the 40-foot easement.
Exotics shall be removed within the entire width of the 40-foot easement, and
the applicant shall be responsible for maintaining the easements and
pathways free of exotics for a period of five years after the pedestrian
easement trees have been planted per SLC-approved plans.
14. Prior to release of the pre-mining bond, trees shall be planted along all
Greenways and Trails pedestrian easements as shown on the planting plan
and in accordance with any revisions approved by the SLC Environmental
Lands Manager. The applicant may utilize mining overburden, if available at
the time, to raise the elevation of the pedestrian pathways and/or the
applicant may provide a buffer along the pedestrian pathway, subject to
approval by ERD. If utilized to provide a buffer along the pedestrian
pathways, the overburden shall be sodded or hydroseeded, but the distance
between trees may be increased to 45-foot on-center. The County Engineer
may extend the time period for tree planting up to an additional 12 months.
The applicant shall continue to maintain the access easements and planting
areas for a period of five years from the time of planting, and any trees
damaged or destroyed during this time shall be promptly replaced.
15. The County would be willing to consider relocation of pedestrian access
easements and Greenways/Trails planting areas in the event that a
development plan is submitted prior to mine closure. The location and
terms/conditions of any relocation must be mutually approved by both the
applicant and SLC.
16. Prior to approval of a Notice of Vegetation Removal or within 90 days of
mining permit approval, whichever comes first, the applicant shall provide the
ERD-approved Preserve Area Monitoring and Management Plan and a
cashier's check, payable to the Clerk of the Court for the appropriate
recording fees, to ERD.
17. The hours of operation for this mining operation will be 6:00 AM to 6:00 PM,
Monday through Saturday. No additional hours of mining operation will be
permitted unless the Board of County Commissioners approves a revised
Conditional Use Permit.
18. There shall be no blasting permitted within the mining operation.
October 7, 2008
File No.: CU 06-004
Resolution No. 08-092
Page 5
19. Access to the mining site shall only be from Glades Cut-Off Road and the
approved haul road.
20. No mining truck shall be allowed to utilize Carlton Road.
21. Prior to the conduction of any mining operations on the property the applicant
shall place Florida Master Site File #SL 1684 under a conservation easement
dedicated to St. Lucie County in a form and manner approved by the County
Attorney. Prior to the issuance of any construction authorizations for this
project, any artifacts that have been found to date shall be donated to the St.
Lucie County Historical Museum, and if during the mining operation anything
new of archaeological significance be uncovered, the Director of Growth
Management and the St. Lucie County Historical Preservation Office shall be
notified within 24 hours.
22. If the proposed mining operation exceeds the extraction or consumption of
water thresholds set forth in Section 28-24.006, Florida Statutes, all
operations shall cease until a determination is received from the Florida
Department of Community Affairs indicating that the proposed operation is not
subject to the requirements of Chapter 380, Florida Statutes or the operations
are approved pursuant to the Development of Regional Impact provisions set
forth therein.
23. Electric motors for pumps will be utilized for the mining operations.
24. A sign identifying a person and their phone number for contact in case of
emergencies shall be posted at a location along the haul road near Glades
Cut-off Road, where the public can view the sign.
B. The subject property is described as follows:
PARCEL 1
EAST 1/2 OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE
COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 845 FEET THEREOF
AND
PARCEL 2
EAST 1/2 OF SECTION 26, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE
COUNTY, FLORIDA TOGETHER WITH THE SOUTH 845 FEET OF THE EAST 1/2
OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY,
FLORI DA.
October 7, 2008
File No.: CU 06-004
Resolution No. 08-092
Page 6
RanQe Line Road Extension
THE EAST 70.00 FEET OF SECTION 36, TOWNSHIP 36 SOUTH, RANGE 38 EAST
LYING NORTH OF COUNTY ROAD 709 (GLADES CUT-OFF ROAD, BEING 150.00
FEET IN WIDTH AS NOW LAID OUT AND IN USE).
Haul Road
A PARCEL OF LAND LYING IN SECTIONS 25 AND 36, TOWNSHIP 36 SOUTH,
RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA BEING 24.00 FEET IN WIDTH,
LYING 12.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 36, TOWNSHIP 36
SOUTH, RANGE 38 EAST, THENCE SOUTH 88030'57" WEST, ALONG THE NORTH
LINE OF SAID SECTION 36, A DISTANCE OF 70.02 FEET TO THE WEST LINE OF
THE EAST 70.00 FEET OF SAID SECTION 36, THENCE SOUTH 00008'47" EAST,
ALONG A LINE 70.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID
SECTION 36, A DISTANCE OF 95.60 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED CENTERLINE, SAID POINT BEING THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 200.00 FEET; THE
CHORD OF WHICH BEARS NORTH 62031'37" WEST; THENCE ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5J059'35", AN ARC DISTANCE
OF 202.43 FEET; THENCE SOUTH 88028'35" WEST, A DISTANCE OF 2150.69 FEET
TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 230.00 FEET; THE CHORD OF WHICH BEARS SOUTH 74001'41" WEST;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
28053'49", AN ARC DISTANCE OF 116.00 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 230.00
FEET; THE CHORD OF WHICH BEARS SOUTH 74001'41" WEST; THENCE ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28053'49", AN ARC
DISTANCE OF 116.00 FEET; THENCE SOUTH 88028'35" WEST, A DISTANCE OF
300.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST
HAVING A RADIUS OF 230.00 FEET; THE CHORD OF WHICH BEARS NORTH
7r04'30" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 28053'49", AN ARC DISTANCE OF 116.00 FEET TO THE
BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING A
RADIUS OF 230.00 FEET; THE CHORD OF WHICH BEARS NORTH 7r04'30" WEST;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
28053'49", AN ARC DISTANCE OF 116.00 FEET; THENCE SOUTH 88028'35" WEST,
A DISTANCE OF 231.94 FEET TO THE BEGINNING OF A CURVE CONCAVE TO
THE SOUTHEAST HAVING A RADIUS OF 230.00 FEET; THE CHORD OF WHICH
BEARS SOUTH 73031'47" WEST; THENCE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 29053'36", AN ARC DISTANCE OF 120.00 FEET
TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHWEST
HAVING A RADIUS OF 230.00 FEET; THE CHORD OF WHICH BEARS SOUTH
October 7, 2008
File No.: CU 06-004
Resolution No. 08-092
Page 7
73031'47" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 29053'36", AN ARC DISTANCE OF 120.00 FEET; THENCE
SOUTH 88028'35" WEST, A DISTANCE OF 180.00 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 230.00 FEET; THE
CHORD OF WHICH BEARS NORTH 76034'37" WEST; THENCE ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29053'36", AN ARC DISTANCE
OF 120.00 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE
TO THE SOUTHWEST HAVING A RADIUS OF 230.00 FEET; THE CHORD OF
WHICH BEARS NORTH 76034'37" WEST; THENCE ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 29053'36", AN ARC DISTANCE OF
120.00 FEET; THENCE SOUTH 88028'35" WEST, A DISTANCE OF 742.43 FEET TO
THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A
RADIUS OF 200.00 FEET; THE CHORD OF WHICH BEARS NORTH 50008'40" WEST;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
82045'29", AN ARC DISTANCE OF 288.88 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 277.00
FEET; THE CHORD OF WHICH BEARS NORTH 4r31 '54" WEST; THENCE ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7r31'57", AN ARC
DISTANCE OF 374.84 FEET; THENCE NORTH 86017'53" WEST A DISTANCE OF
0.13 FEET TO THE WEST LINE OF SECTION 25 AND THE POINT OF
TERMINATION OF THE DESCRIBED CENTERLINE.
THE SIDELINES OF THE AFORESAID DESCRIPTION SHALL BE LENGTHENED OR
SHORTENED TO INTERSECT WITH THE WEST LINE OF THE EAST 70.00 FEET OF
SECTION 36, AND THE WEST L1NEOFSECTION 25.
C. The approvals and authorizations granted by this Resolution are for the purpose
of obtaining a Building Permit or Zoning Compliance from St. Lucie County.
D. The approvals and authorizations granted by this Resolution shall expire on
October 7, 2009, unless a Building Permit or Certificate of Zoning Compliance is
obtained for the uses described in Part A above, or an extension has been
granted in accordance with Section 11.07.05(F), St. Lucie County Land
Development Code.
E. 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.
F. The St. Lucie County Growth Management Department Director is hereby
authorized and directed to cause the notation of this resolution to be made on the
October 7, 2008
File No.: CU 06-004
Resolution No. 08-092
Page 8
Official Zoning Map of St. Lucie County, Florida, and to make the notation of
reference to the date of adoption of this resolution.
After motion and second, the vote on this resolution was as follows:
Chairman Joe Smith
AYE
Vice-Chair Paula Lewis
AYE
Commissioner Chris Craft
AYE
Commissioner Charles Grande
AYE
Commissioner Doug Coward
AYE
PASSED AND DULY ADOPTED this 7th day of October 2008.
BOARD OF COUNTY COMMISSIONERS..
ST. LUCIE COU~~RDA
airman
ATTEST:
October 7,2008
File No.: CU 06-004
Resolution No. 08-092
Page 9
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EXHIBIT A
A'petition of Ginn-LA WSL Ltd., LLLP for a Conditional Use Permit to allow a sand
and rock mining operation in the AG-5 (Agricultural - 1 unit per 5 acres) Zoning District.
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CU-06-004
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. oJ 500 ft. notification area
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Map prepared April 29, 2008
EXHIBIT B
St Lucie County
Certificate of Capacity
Date 9/23/2008 Certificate No. 2562
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 for D'A1bora Groves Mining
Number of units 0
Number of square feet 1440
2. Property legal description & Tax ID no.
322311100020009;322311100020005;322611100010001
N. of Glades Cut-OffRd, West ofCR 609
Mining Operation
3. Approval: Building
Resolution No. 08-092
Letter
4. Subject to the fOllowing conditions for concurrency:
See RES-08-092. Mining of Sand and Lime Rock - Conditional Use Permit.
Owner's name
Ginn-LA WSL Ltd., LLLP
Address
3228 SW Martin Downs Blvd.; Ste. 5
Palm City FL 34990
6. Certificate Expiration Date 10/7/2009
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.
Signe~ <[), W\~ Date: 912312008
Growth Management Director
St Lucie County, Florida
Tuesday, September 23, 2008
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