HomeMy WebLinkAbout09-014JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3311505 02/17/2009 at 02:41 PM
OR BOOK 3060 PAGE 2608 - 2632 Doc Type: RESO
RECORDING: $214.00
RESOLUTION No. 09-014
A RESOLUTION AMENDING PART D OF RESOLUTION NO. 07-135
WHICH GRANTED A MAJOR ADJUSTMENT APPROVAL TO AN
EXISTING MAJOR SITE PLAN KNOWN AS ALLIED NEW
TECHNOLOGIES ON 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. On July 24, 2007, this Board approved Resolution No. 07-135, granting approval to a
Major Adjustment to an existing Major Site Plan for the project known as Allied
New Technologies (f/k/a Miami Tank/ChemTex), that provided for a proposed
35,300 square foot expansion to the existing chemical production facility located at
the southwest corner of the intersection of Range Line Road and Glades Cut -Off
Road, in unincorporated St. Lucie County, and as more particularly described in Part
B below.
2. Resolution No. 07-135 included seven (7) limiting conditions related to the
implementation of the development plans for this proposed use.
3. On September 4, 2007, this Board approved Resolution No. 07-274, amending
Condition Number 6 of Resolution No. 07-135 to change the timing of the execution
date of this condition so that the Allied New Technologies facility may commence
limited site construction in advance of certain access and related transportation
facility improvements being completed and where such cited facility improvements
are secured through the posting of security in a form acceptable to St, Lucie
County.
4. On May 6, 2008, this Board approved Resolution No. 08-095, adding two new
conditions of approval related to the sites landscaping plans and the necessity to
execute a security deposit for all site landscaping prior to the issuance of a
certificate of occupancy.
5. Part D of Resolution No. 07-135, provides a general restriction that limits the
ability to obtain any local building permits or authorizations to commence
development activities on the property described in Part B below until the applicant
for any such permit has obtained all other necessary permits and authorizations
from the appropriate Local, State, and Federal regulatory authorities.
6. Part D of Resolution No. 07-135 was intended to require that Allied New
Technologies obtain all permits that are needed or necessary for the issuance of
local building permits or authorizations to commence development activities.
Resolution No. 09-014
January 13, 2009 Page 1
Example of permits not needed prior to issuance of building permits include
Industrial Wastewnter, Underground Injection Control, Hnzardous Wnste or other
operational permits.
7. On September 19, 2008 The Florida Department of Environmental Protection
("FDEP") issued a Notice of Intent to Issue a permit revision to the existing
industrial wastewater closed loop recycling system at the Allied Universal/Allied
New Technologies, Inc. facility. Therenfter, on November 21, 2008 FDEP confirmed
that Allied may proceed with construction activities, which include the mnin building,
secondary building nnd bleach storage tank fnrm, which are unrelated to the
Wnstewater facility or nctivity, ns those construction activities do not require an
FDEP permit. See, FDEP November 21, 2008 letter attached hereto as Exhibit "A".
8. It is necessnry to clarify the intent of Pnrt D of Resolution No. 07-135 becnuse an
appeal has been nsserted (See, Letter dnted August 27, 2008 from Harold Melville,
Esq., attached hereto as Exhibit "B"); as n result, uncertainty has arisen regarding
the nppropriate application nnd/or interpretation of this genernl purpose condition
and an overly broad interpretation might preclude or delay development activities
thnt are not dependent on the prior issuance of State or Federal permits or
authorizntions, thus creating unnecessary nnd unintended delay in site development
activities.
NOW, THEREFORE, BE IT RESOLVED by the Bonrd of County Commissioners of St. Lucie
County, Florida
A. Pnrt D, of Resolution No. 07-135 is hereby amended to rend ns follows;
D. The Major Site Plan approval granted under this Resolution is specificnlly
conditioned to the requirement that the petitioner, Allied New Technologies,
including any successors in interest, shnll obtnin nll necessary permits nnd
nuthorizations, or notices of intent to issue same, from the approprinte Local,
State, nnd Federal regulntory authorities prior to the issunnce of any local building
permits or authorizations to commence development nctivities; however, the
preceding sentence shall not preclude or delay the issuance of locnl building permits
or authorizations for development activities thnt nre not dependent on the PRIOR
issuance of State or Federal permits or nuthorizations, or notices of intent to issue
same.
B. The property on which this resolution nmending Part D of Resolution No. 07-135 which
granted a Major Adjustment approval to a Mnjor Site Plan is being granted is described as
follows:
Parcel ID #: 4201-111-0001-000/7
Resolution No. 09-014
January 13, 2009 Page 2
1 37 38 BE6 AT NE COR OF SEC, TH 5 0 DEG 01 MIN 30 SEC W ALG E SEC LI
1907.78 FT, TH N 89 DEG 58MIN 30 SEC W 696:98 FT, TH N 0 DEG O1 MIN 30
SEC E 1210.91 FT TO SLY R/W FEC RR, TH N 44 DEG 46MIN 36 SEC E ALG SD
SLY R/W 981.47 FT M/L TO N SEC LI, TH E ALG SD N LI 6 FT M/L TO POB-LE55
THAT PART OF NE 1/4 SEC1 MPDAF: BE6 AT NE COR OF SEC 1, TH RUN 5 00
DEG 00 MIN 54 SEC W ALG E LI OF SEC 1400.17 FT, TH N 89 DEG 59 MIN 06
SEC W 337.3 FT, TH N 05 DEG 21 MIN 13 SEC E 142.47 FT, TH N 44 DEG 46 MIN
00 SEC E 130.27 FT, TH N 00 DEG 00 MIN 54 SEC E 937.46 FT TO SLY R/W LI
FEC RR, TH RUN NELY ALG SLY R/W 329.97 FT TO E LI SEC 1, TH 5 00 DEG 09
MIN 38 SEC E ALG SD SEC LI 5.98 FT TO POB- (17.83 AC) (OR 421-1078: 756-
2922)
Parcel ID #: 4201-111-0001-010/0
01 37 38 BEG AT NE COR OF SEC, THRUN 5 00 DEG 00 MIN 54 SEC W ALGE SEC
LI 1400.17 FT, TH N 89 DEG 59 MIN 06 SEC W 464.67 FT, TH N 44 DEG 46 MIN
00 SEC E 330.01 FT, TH N 00 DEG 00 MIN 54 SEC E 937.46 FT TO SLY R/W FEC
RR, TH N44 DEG 46 MIN 00 SEC E ALG SD R/W 321.47 FT M/L TO N SEC LI, THE
6 FT TO POB-LE55 AS IN OR 645-1778- (7.17 AC) (OR 1021-2682: 1717-1653)
CONTAINING a 55,444 SQUARE FOOT FACILITY ON 25.00 ACRES, MORE OR LE55.
C. The npproval of Resolution No. 09-014, amending Part D of Resolution No. 07-135, does not
change or alter any other approval special conditions or requirements of Resolution No's
07-135, 07-274 or 08-095.
D. A copy of this resolution shall be nttached to the site plan drawings described in
Resolution No. 07-135, which plnn shnll be placed on file with the St. Lucie County Growth
Management Director.
E. This resolution shall be recorded in the Public Records of St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chcairman Pnuln A. Lewis AYE
Vice-Chairman Charles Grnnde AYE
Commissioner Chris Craft AYE
Commissioner poug Coward AYE
Commissioner Chris Dzadovsky AYE
Resolution No. 09-014
January 13, 2009 Page 3
PASSED AND DULY ADOPTED this 13th dny of Jnnunry 2009,
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
By: `
Chairman
Approved ns to Form nnd
unty Atto
Attested b :
Deputy Clerk
Resolution No. 09-014
January 13, 2009 Page 4
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ATTOftNEYS AT LAW
I.AUREC `PRDFESSIONALi PARK
P940 50U7H E5TH STR£ET
'~~AF pIERCE, FlQRIDA ~ 349 81-5 6 0 5
HAROLD G. ME~VI~CE* TELEPWONE (T72} 464-79QQ
DAVIU N..SOWER6Y~'• FAX f772) 464-8220
~ ~90AR0 CERTIFIE6 ~~CIVIL TRiAL LAWYER AND. ~u{~~~,b ~1' j' ~f~(~Q
BOARD CERT1FIEp ~~~.BUSIhFE55..UT-GATIdN LAWYER .-t7 ~ ir:I vvv
~+BQAR6~ CERTIFIE6:~REAI ESTATE LAWYER ~ ~
Via ~'ac~itriil~ Transrniss~or~ & U,S.1Vlutl
~ Mr. Mark Sat~~rle~, Director
St. T~ucie Gounty Grow~h IVlanagement
2300 Virginia Averiue
Fort Fierce, Florida 34982
Dear i
whos~
adjacf
T~ch~i
terIee:
: be advised that our
es are located at 96?
TR is owned by ~he
~ ,.~ ..,.. .:.. ,
ex Supply Corp.-YmprapezIy Issued
~resents Flbrida Tire Recyciing, Inc.. ("FTR") '
G~~l\V0.1~[ Lll k3La~"Ll,FV11~+~.~~~..~LLi.11.L~• 1llV k31V#.JV1L~' .:~. .
ly Corp. ("Ch~m-Tex"}. Allied N'ew ':
gh#~and gai~ed agpraval from St. Lucie
facility on t~e Chern~Tex prapertq (the "P`rope~-tty"}.
This aorrespondcnce is t~eing direet~ed to yau. by F'I'R ~ursuant to Sectian 11:I I.O~ of
the St. ]Lucie Cbunty Land Develvptnent Code ("Code"~. This a formal agpeal fram the :
issuance of three ~3} buiIding permits to C~em=Tex/A.11iec1 relating to the Prc~ject. The
three (3} building permits are:
i. No. 084$-~~66 ~ issued August 18, 2008;
2.: No. 0808-0198 ~ issued .+~ugust ~2, 2QQ8;. and
3. Na. 0808-014~ - iss~ed August 22, 20U8.
This appeal relating tt~ the issuanca of thes~ three (3~ building permits is being taken
eitY~er tv the Environmental Control Boaxd or to the Board af Adjustment, whichever is
most applica.ble, pursuant to Section 11.11.07.(B) of th~ Code. Sectian 11.11.01(B)(I) af the
C~de provides for appeals to: the Environmental Control Board of any decisian by any
administrative c~ffi~cia~ with respect to "permitting provisians", Althaugh this Section of the
Code is not speci€ic as to what "permitting provisions" are being referred to, this may or
may not be limited to those specific Code seetions referenced subsequentty in
11.~1.01(B)(1). ,.
NIr. Mark Satterlee, Directvr
St. Lucie' County Growth Mana~ement
August 27, 24{}S
Page -2
Should`the Environmental Cont~ol Baard~not be fhe appropriate ba~y to hear this
appeal, then the appea~ should be heard by the Board of Adjustme~t. Pursu~nt to Sectian `
. 11, i 1.01(B}~3} of the Code, appeals of decisions by any administrative afficial u+ith respect
tv any of the provisians of ~the Cade, except those'spe~ificaliy enumeXated in subparagraphs _
1 and 2, shall be haard and decid~d by the 8aard of Ad~ustmen~. Since the Code is not
clear as ~o which of-these twa Boards should hear ~t~is appeai, we wili' leave it to the decision
of the County A.ttorney in that regard,
~ . . , : .
. . : ~:
~
Pursuant to Paragxaph ~ af Resolu~ion NQ,`a7~135 which granted site ~1an appro~ral
~or the Froje~t, the I]irector of Grawth Management was designated'as ~the individual to
coordinate the issuance o~ ~urther site Deuelopment P~rmits: No final site canst~uction
auth~rizatians ar sit~ Development Pexmi~s were to be issued until all r~quirements for
~ such perrttiits were met. Thus, St. Lucie ~o~nty through~ Resatution No..U7-135 designated
i the Dire~tor of Growth Manag~rnent as the.administrative official responsible in this case '
for authorizing the.issuance of any fcirtt~er site L?e~ve~opment Fermits; site construc~ion .
autharizations c-r.buildinggermits.
To the best of our:knq'wleclge, there is ncr fxling ~ee requi~ed for the f~ling vf this '
app~al. Should there be a filing fee, hawever, pl~ase notify me~ and we wili immediatety
: .
provide the filing f~e tt~ your of~ce.
Pu suant'to Sectia~ 11.1 .
1~2 of t~ ' t•e a e~ r~ ' ce . e
x A h C a d e h a l fr m t l i a i s s u a n o f t h s e
>
< { _)
_ _ PP :
three (3},building pert~its is based uponr
,
~. . Resalt~tion IVo: 07-135 of St. Lucie ~un a rovin the .
tY PP ~ ,
..~ Project far Allied speci£ically pravided in Section A{2j
. thereof that priar. ~o the issuance o~ a bui~ding p~rmit for
the new faciiity, all of the relevant regu~atory agenci~s,
~n~luding the St. Lucie County ~ire Dist~ict, the St. ~.,ucie ~
County Enviranmentai Resourees Departrnent, the Treasur~ ;
: Ct~ask Regional planning +~ouncil and tihe Department of
Environmentat Protection shall have:appr,oved af:the hazardous!
ftammable nnaterial managr;ment protections and ernerg~ncy ~
M$ivi~L$ & Sow~R~~, P. L,
Mr, Mark Satterfee, Di~rectaF
St. Lucie County Cirauvth Management
` August ~7, 2008
' Pag~ -3
respans~ ptans for the expanded facil~ty. Those plans n~ust '
include'proteetions and~emergency r~sponse plans for both ~
~ the construction phase and the operation phase ~af the~facitity;
meeting USHA and other regulatory requirernents. ~Aftcr a
revievu of the files produced by the ~"rrowth Management
'il
Departmerit r~lating to the Project, we could finci nc~ evidence`
af approvals frotn any of those agencies relating to the required
hazardous/£lammable material management protections and
~ ., ~ erner~ency' respanse plans.
2, ~ection D c~f Resolution No. 07- ~.35 also required that prior `
t~ the issuanc~ t~f any laca.l bui~di~~ permits or authorization to
~~ . commence.deVelopment activities, Allzec~ wouId obtain atl
~
~ . necessary perinits and authorizations frcrm the.appr~priate local,
. :
~ state and federal regulatory agencies.. Again, both our ~review .
.
c~~ the fites wifihin tt~e Growth Management Department ~and~our ~
.
.
,
unciers~andzn from the relevan# a encies themselves is that all
~ ~
g ~
, . .. .
necessary peFmrts and authorizations haue not been is~ued,
, ,,
. :. : ; ~_ .
~
'
T~e environmental and other aspects vf the Project are of e~treme irnpartance to .
~"T~. f~s t~e immediate[q adjacent neighbQr, FTR is d~epl~+ concerned about ~oth the
exis~ing environmental probiems xe[ating to t~i~e praperty of Chem=T~xlAllied and the
~~
patential additional environmental issues and concerns relatirtg fo the Project. Amang
th~s~ are the eurr~ntiy pending and unresolved issues xe]ating to the prior dishcharge af
~crntaminants on the Chem-Tex site as partially deta:~Ied in, the Re~ised Remedial Action
Pian-A.pproval {?rd~r Adclendum fram DEP dated May 1~5, 2007. ~ur areview of the DEP
materia.~s indicates t~-at DEP and ,~~t~ed are current(y still exchanging inf~rmatian regarding
the eJrtent ar~d scope of the priar spi!]s and ~he e~itsting containination.: Since bEP is still in
the prvicess of conducting its investigation into these matters, it woul~ seem totally
inappropriate ta allow construction ~to take plac~ on-what may be hyghty contaminatad
property. It would seem clearly in'th~ best 'tntexesfi of the pubtic and the surraundin~
n~ighbors th~t the scvpe and extent af the contamination be de~ermined and an
apprapriate rem~dial actian plan be formulated and' e~~ectuated before ca~vering up the'
p~atenti~lly cont~.minated area with new buildings. `
MSLVY~LE Sc. St7WEY3:~Y, P. L.
Mr. Marl~ SatterI~e, Director
St. L;ucie County. Growth Management •~
August 27, 2Q~$
Page -4. ,
'~'he scope and extent of this concern is heighfened by the fact ~ktat on c~r about
August 2d, 2Q08 Allied suffered a ruptured h~drochloric acid tank on the property. :~
, Apparently the tank ruptured, floated froin the foundation an~ then ruptufed the ~ .
s~;condary containment v~rall: ~ccording to the records ~from DEP, Allied estimated tha~ ~~
~approximatety 4,~Q0 gallacts of hydrochloric acid spilted out of tl~~ s~cc~ndary cantainmen~C
area onto the ground. DEP is currently investig~tang same and we assume this wilC be part
of the overall iftvastigation uttimafely ~ulminating in a reinediai actian p1an, when the scope
and extent of~tfie eXistii~g cantamiriation.~ is fully determined.
4
A~ your ea~rliest ci~nve~ience, please advise when the hearing an this appeal wi11 be
held and before which Board: .
Thank you very much. ~ . ~.,
;;~
Sincer y,
~'
Haro! G.1~elviIle ~ `
~CrM/kr ~
cc; Commissioner Faula A. I..ewis (via fax}
Commissioner Joe Smith (via fax)
C~rnmissioner I~oug Coward (via fax)
Cornmissioner Charles Grande (via fax)
~ommissianer Chris Craf~ (yia fax)
Daug Andersan, County Administratar (via fa~)
Daniel 5. McIntyre, Gount.y Attorney (via fax)
MELVI~I.~ SC; SOwLTRHY',: P. L.
~,;~~y~~. C~m~
I~w~D
PA~ :
~~ RESULUTIC~N NO. 07-135
}- - n ~ ,
2 FILE NO.: SPMj-120d71063
3 t`1~
~~ ~
4
5 A RESOLUTfON GRANTING A MAJOR ADJUSTMENT TO A
6 ' MAJOR SITE PLAN APPROUAL FOR THE PROJECT KNOWN AS
7' ~ ALLIED NEW TECHNOLQGIES, INC., A 55,444' SQUARE FOOT
8 iNDUSTRIAL FACILITY LOCATED ON 25.00 ACRES (MORE 4R
9' LESS} OF LAND ON THE WEST SIDE QF RANGE LlNE ROAD AT
10 GLADES CUT OFF ROAD, IN THE IND {INDUSTRlAL) ZONING
11 DISTRICT. '
12 '
13
14 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
15 testimany and evidence, inclutling; but not limi#ed to'the staff report, has made the #otlowing
16 determinations: `
17
18 1. ' Allied New TechnoloQies, Inc. has petitioned for a Major Adjustment to a Major Site
19 Pfan approval 'for the project known ' as Allietl New Technologies (f/k/a Miami '
20 TanklChemTex); for a proposed 35,300 square foot expansion to the existing 20,144
21 ` square foot facility to pro~ide far the introduction of a manufacturing operation that will
22 ' supply water treatment plants with necessary; treatment chemicals to create potable
23 water.
24
25 2. The Development Review Committee has reviewed the Major Adjustment for the
26 proposed project and faund it does not meet all technical requirements and to ' be
27 consistent with the future land use maps of the St. Lucie County Comprehensive P1an.
28 ` The proposed project is nat consistent with the general purpose,;gaals, objectives and
29 standards of th.e St. 'Lucie County Land Development Code, the St: Lucie County
30 Comprehensive Plan; and the Code of Ordinances of St. Lucie ` County. The
31 Development Review Comrnittee 'has recommended remedial conditions of approval
32 that, if impiemented,'correct the Code deficiencies and make the proposed Major
33 Adjustment to a Major Site Plan co~sistent with the Comprehensive Plan.
34
35 3. The proposed pro}ect; if the condition of approval are implsmented, wifl not have an
36 undue adverse effect on adjacent property, the character of the neighborhood, traffic
37 conditions, parking, utiiity facilities or ofher matters affecting the pubiic health, safety, '
38 and general welfare. :
39 '
40 4. All reasonable steps have been taken to minimize any ad~erse effect on the proposed
41 project on the immediate vicinity through building design, site design, landscaping and
42 screening, as modified by the recommended conditions of approvaL
43
44 5. The proposed project wi11 be constructed, arranged, and operated so as not to interfere
45 ' with the tlevelopmer~t and use of neighboring property, in accordance` with applicable
46 district reguiations, and the recommended conciitions of approval:
EpWtN fN. FRY; Jr., CLERK OF THE CIRCUIT COURT
File No.: SPMj-120071063 SAtNT LUCIE couN7~r Resolution No. 07-135
FILE # 3Q93586 08~09/2007 at 03:14 PM
~Uly 24, 20~7 OR B<70K 28Fi4 PAGE 77'- 84 Doc Type: RESO P8g2 'I
RECORDING; $69:5D
1
2 •
3
4 6. The project site wili be served by adequate pubiic facilities, upon implementation of the
5 ' recommended'conditions of approvaL
6
7
8
9 ~
10 NOW, THEREFORE, BE IT RESOLVED by the ~aard of Caunty Commissioners of St.
11 Lucie County, Florida:
12
13 A. Pursuant to Section 11.02.04{A) of the St. ~Lucie County Land Development Code, the
14 Major Adjustment Site Pfan for the projec# known as ANied New Technologies, Inc., is hersby
15 approved with conditions, including modifications to the site pian drawings for the project
16 prepared by Culpepper 8~ Terpening, Inc., a copy of which is attached as `Exhibit B, dated
17 June 25, 2007, and date stamped receivetl by the St_ Lucie County Growth Management
18 Director on June 26, 2007, subjecf t~ the following conditions:
19
2Q 1, No Development Permits order shall be issued by the County until complete sets
21 of sealed constructible final engineering pfans, supparting calcuiations and
22 survey data far all" site work and offsite improvements are submittetl to the
23, County and approved by the Pub(ic Works Department, Utilities Department,
24 Environmental Resources Department, Growth Management ' Department, St. "
25 Lucie County<Fire District,i and any other agency or County Department that may
26' be determined by the Director of Growth Management to be necessariiy involved
27 in the review and apprava! of the canstructible finaF engineering plans for the ~ite
28 work and offsite improvements. The determination of: whether ar not plans
29 submitted by the applicant constitute a complete set of constructible plans shall
30' be made by the departments involved in the pian review within five business
31 days of the da#e the plans are received in the Department of Grawth
32 ` Manageme~t.'
33
34 2. A condition of site plan approval shatl be that a!I relevant regulatory agencies,
35 including the SLC Fire District, SLC '' Environmentai Resources Dept., Treasure
36 Coas# Regional Ptanning Council, and Dept. of Environmental Protection shall
37 have approved of the hazardous/flammable material management pratections and
38 emergency response plans for the expanded facility prior to issuance of a Building
39 Permit `for the new facility. The plans must include protections and emergency
40 response plans for both the construction phase and the operation phase of the
41 facility; meeting OSHA and other regulatory requirements:
42
43 3. Contaminants detected by DEP;in November 2006 surface water sampling events
44 included arsenic, chloride, fluoride, sodium, and sutfate; pH levels were also
45 outside of acceptabie range. The DEP letter states that these contaminants
46 "appear to indicate;that a previousiy unknown release of addittonai contaminants
47 has occurred, either because of leaking structures, accidental discharges, or
48 leaching from site sails". Additional sampling required by DEP as part of the
49 Remedial Action Plan Addendum (RAPA) includes'groundwater and surtace water
50 sampling forpH, sodium, chloride, iron, cadmium, chromium,'copper, aluminum,
51 barium, lead, arsenic, mercury, manganese, fluoride, calcium, nickel, suifides,
52 sulfates, nitrates, nitrites, phosphates, and total dissolved solids. The intent of the
File No:: SPMj-120071063 Resolution No_ ~7-135
Juty 24; 2007 Page2
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required sampiing is ta delineate and characterize the existing groundwater plume
and determine appropriate remediation actions: As there are known water quality
contamination issues at this site, and as the SLC Comprehensive Plan Objectives
8.1.2, 8.1.5, and 8.1.6 are airned` at protecting and conserving surface water,
groundwater, and soiis, respectively, a candition of site plan: approval shali be that
Allisd shali remain in compliance with the remediation activities as required by the
Floricia Dept. of Environmen4aE Prots~tion {DEP). "Revised Remedial Action Pla~n
Appro~al` Order Addendum for Ail9ed Universai Corporation, 9501 Rangeline Road,
Fort Pierce, Sf. Lucie County, Florida," (approved May 17, 2007) as may' be
amended by DEP, failing which the Board of County Cornmissioners tnay withho{ct
ail or part o# AIlied's Ad Va{orem Tax Exemptions, which are estimated at
~1',680,000 ove~ a 9 year period. In the event of non-cornpliance, the Ad Ualorem
Tax Exemptions would be deemed forteited for any period.of non-compliance, on a
pro-rata basis.
4. Prior to approvai of a'Natice of Vegetation Removai appfication, the appiicant rr-ust
provide ERD with a wetland determination from SFWMD, covering the entire site.<
Wetiantls and other s'urface waters, as detineated by SFWMD, must be 'shown on
the boundary survey, and site plans. Any permits required by SFWMD and the
Corps, inciuding, but not' limited to, ;Water Use Permits and EnYironmental
Resource Permits, must be approved prior to approvai of the Notice of Vegetation
Removal application.' Copies of the approved permits {or permit motlifcations)
shall be providetl to ERD for our records.
5. Prior to, approvai of a Notice of Vegetation Removal application, a revised
landscape plan must be pro~ided,, including su~cient perimeter and vehicular use
area landscaping per Section 7.09.04 af the SLC Land Development Regulations.
The pfans must also include consistent schematics shawing that the diameter
(calipe~)'`of trees on-site shali be 'measured aY 4'/7 feet abo~e ground. Perimeter
landscaping along the site's northern, western, and `southern sitles shall meet or
exceed the requirements of Section T.09.04.B. Vehicuiar use area landscaping
shall meet or exceed Section 7.09.Q4.C requirements. Landscaping alang ,
Rangeline Rasd shalt provide an opaque vegetative buffer at a height sufFicient #o
effectively screen Alfied's manufacturing facilities from the adjacent residential
development along Rangeline Road. Landscaping plans for this buffer shall show:
1);the heights of each proposed and existing structure at Allied; 2) the width of the
proposed buffer (minimum of 15 feet width required by ; Code); and 3)
locations/slzeslspecies of shrubs and trees proposed and existing on-site.
6. Prior to approvai of a Notice of Vege#ation Removal applicat+on, the property
owner sfiall provide,right and left turn tanes on Range Line road; the entrances '
need to be modified`to meet the.requirements of LDC 7.10.15; and the praposed
shell rock area needs to be;changed to either concrete ar hot asphalt.
7. Before #he issuance of the vegetation remo~ai` permit the developer shall enter into
an agreement to pay a fee in lieu of constructing the six foat concrete s~dewalk
along the projects entire road fron#age. The fee and agreement shall be supported
by a signed and seal engineers estimate of probable cost. All estimates shall be
approved by the County Engineer.
B. The ro ert on which this major adjustment to a major sste `p{an appraval is being
P P Y ,
granted is described as folfows:
File Na.: SPMj-120071063
July 24, 2007
`Resolution No. 07-135
Page 3
1 Parcel I D#: 4201-111-0001-000/7
2
3 1`37 38 BEG AT NE COR OF SEC, TH S 0 DEG 01 MIN 30 SEC W ALG E SEC LI
4 1907.78 FT, TH N 89 DEG 58MIN 30 SEC W 696:98 FT, TH N 0 DEG 01 MIN 30 SEC E
5` 1210.91 FT TO SLY R/W FEC RR, TH N 44 DEG 46MIN 36 SEC E,ALG SD SLY R/W
6 981.47 FT M/L TO N SEC LI, TH E ALG SD N U 6 FT M/L TO' POS-LESS THAT PART
7 OF NE 1/4 SEC1 MPDAF: BEG AT NE COR OF SEC 1, TH RUM S 00 DEG 00 MIM 54
8 SEC W ALG E LI OF SEC 1404.17 FT, TH N 89 DEG 59 M{N 06 SEC 1N 337.3 FT, TH N
~9 05 DEG 21 MIN 13 SEC E 142.47 FT, TH N 44 DEG 46 MIN 00 SEC E 13027 FT, TH N
10 OO DEG 00 MIN 54 SEC E 937.46 FT TO SLY R/W LI FEC RR, TH RUN NELY ALG SLY
11 R/W 329.97 FT TO E LI SEC 1, TH S 00 DEG 09 MIN 38 SEC E ALG SD SEC Li 5.98
12 FT TO POB- (17.83 AC} (OR 421-1078: 756 2922)
13
14 Parcei ID #: 4201-111-0001-010/0
15
16 01? 37 38 BEG AT NE COR OF SEC; THRUN S 00 DEG 00 MIN 54 SEC W ALGE SEC
l7 LI 1400.17 FT, TH N 89 DEG 59 MIN 06 SEC W 464.67 FT, TH N 44 DEG 46 MIN 00
1$ SEC E 330.01 FT, TH N 00 DEG 00 M{N 54 SEC E 937.46 FT TO SLY R/W FEC RR, TH
19 N44 DEG 46 MIN 00 SEC E ALG SD R/W 321.47 FT M/L 7C3 N SEC LI, THE 6 FT TO
20 POB-LESS AS iN OR 645-1778- (7.17 AC)'(OR 1021 2682: 1717-1653)
21
22 CONTAINING a 55,444 SQUARE FOOT FACILITY ON 25.00 ACRES, MORE OR LESS.
23
24
25 C. The approvafs and ' authorizations granted ' by this Resolution for the purpose of
26 ' obtaining building permits on this praperty shall expire on July 24, 2009 unless .
27 building permits have been issued or an : axtension in accordance with Section
28 11;07.05(F) ofi the St: Lucie County Land Development Code has been granted.
29
30 ;
31 D. ' The Major Site Pian approval granted under this Resolution is specificaily conditioned
32 to the ,requirement that the petitioner, A{lied New Technology, including any
33 successors in :interest, shall obtain all necessary permits' and authorizatians from the
34 appropriate Local, State, and Fetleral regulatory authprities prior to the issuance of any '
35 local building 'permits ar authorizations to commence de~elopment activities on the
36 pr'operty described in Part B.
37
38
39 `' E. ; The Certificate of Capacity, a copy of which is attached to this resolution, shall remain
40 valid for the periotl of Major Site Plan approval. Should the Major Site Plan approval
41 granted by this resolution expire, a new certificate of capacity shall be required.
42
43
44 F. ` The St. Lucie County Growth Management Director is hereby authorized and directed
45 to' cause the notation af this resolution to be made on #he Official Zoning Map of St.
46 Lucie County, Florida, and to make notation of reference to the date of adoption of this
47 resofution.
48
49
50 G. The Director of Growth Management shall; coordinate the issuance of #urther site
Fi1e No.: SPMj-120071063 Resolution No. 07-135
July 24, 2007 Pa9e 4
1 Development Permits. No final site construction authorizations or site Development
2~ Permits sha{I be-issued until all requirements for such-permits are met.
3
4
5 H. A copy of this resolution shali be attached to the site plan drawings described in
6 Section A, which plan shall be placed on file with the St. Lucie County Growth
7 Management Direc#or.
8
9 .
10 I. A copy of this ~esolu#ion shall be maiied, return receipt requested to the deveJoper and
11 agent of record as identified on the site plan appiications.
12
13
14 J. This resolution shall be recorded in the Public Recorcls of St. tucie County. The
15 recording of this resoiution `does not authorize the commencement of any on-site `
16 development activities' without obtaining such further developmen# permits as may be
17 required. ` All applicable conditions of approval as set forth above, and alt appiicabie
18 code requirements must be met to satisfaction of the County before final site
14 construction permits are issued.
20
21
22 After motion and second, the vote on this reso~ution was as follaws:
23
24
25 Chairman Chris Craft Aye
25
27 Vice-Chairman Joseph E. Smith` Aye
28
29 '` Commissioner Paula A. Lewis ' Aye
30
31 Cammissioner poug; Coward Aye
32
33 Commissioner Charles Grande Aye
34
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41
File No.: SPMj-920071063 Resolution Na 07-135
July 24, 2007 Page 5
LL '
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Fiie Na: SPMj-12Q071063 Resoiution No. 07-135
July 24, 2007 Page 6
' File No.: SPM}-120071063 Resolution Na-07-135 -
July24, 2007 Page 7
'~I , _ 1 ,, } .'~ - 2300 Virgmia Avenue ' .
Ft. Pierce, FL 34982
• GERTIFICATE C?F CAPACITY ~772)-462-2822
. .
Date: 6/27/2007 Certificate No. 2650
This document certifies that concurrency will be met and that adequate public faeility; capacity e~sts to maintain the
standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: `
1. Type of development , Addition to Ailied New Technologies 17302 SF
Number of units o Number of square feet'~746
2. Property legal description & Tax ID no.
42091110001a007;420111100010100
9545 Range Line Road
Allied New Technoiagies (FKA Maimi Tank MFG!}
3.'Approval; Building Permit Reso(ution No. 07-~3~ Letter
4. Subject to the following conditions for concurrency:
Left and Righ i°um Lanes.
Owner's name
Chem-Tex Supply Corp
Address
8350 NW 93rd St
Miami FL 33166`
6. Certificate Expiration Date 7/24/2009
This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subjecf to the'same I
terms, conditions and expiration<date listed herein. The expiration date`can be extended only under the same terms I
and conditions as the underlying development orderissued with this certificate, ar for subsequent development
order(s) issued for the same property, use and size as described herein.
~ ..~
~ ~ - Signed ~ " ~ Date: 7/6/2007
Growth Management Director:
St Lucie County, Florida
~
.
~l?~ll~F,r.~/ ~C'D~ Signed Date:716/2007
Concurrency Review by:
Friday, July 06, 2007 Page 1 of 1
:: ^
RESOLUTION 07-274
FILE NO.: SPMJ - I20071063
' A RESOLUTION AMEN~INC SPECIAL CONDITION NUMBER 6 OF
R~SQLUTI~N 07-135 WHICH GRANTED A'MAJOR AD7USTMENT
APPROVAL T4 AN EXISTING MAJOR SITE PLAN KNI~WN AS ALLIED
NEW TECHNO.L.OGIES ON PROPERTY LOCATED IN ST: l.UCIE CUUNTY,
FLQRIDA;
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evicJence, including but not limited to the staff report, has made the
f ollowing determinations:
~
1. ~n July 24, 2007, this Board approved, through Resolution 07-135, a Major
; Adjustment to an Existing Mujor Site Pfan known as Allied New Technologies, Inc., ~ocated
at the southwest corner of the intersection of Range Line Road and Glades Cut-Off Road, in
unincorporated St. Lucie County, nnd as more particularly'described in Resolu#ion' 07-135.
' 2. ' Resolution 07-135 included seven {7} limiting conditions that were found in Part
A of that Resolution.
' 3. ' Condition Number 6 af Resolution 07-135 is to be amended to change the timing
h execution date so that the Alliecl New Technologies facility may commencing limited
o t e
f
site construction in advance af certain access and' relnted transportation tacility
improvements being completed and where such cited facility improvements are secured
through the posting of security in a form ctcceptable to St. Lucie County.
4.' The proposed amendment to Condition Number 6 of Resolutibn 07-135 does not
render the prior approvals granted under Resolution 07-135 inconsistent with the general
purpose, goals, ob jectives, and standards of the St. Lucie County Land Development Code, the
St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County:
NOW , THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St,
Lucie County, Flarida~
' A. Condition Number 6`of Resolution 07-135 is hereby amended to reczdas follows;
6.. Prior to
spp~+ee#+et~t the issuance of a Certificate of Occupancy, or its
_..r.._i_~.i ...,< ....a.L,';..,;...,+;.,.., +4.~ nr~nnentv' OW1161" S'1Q~~ pt'4VIC1B`
EDWIN M. FRY; Jr., CLERK OF THE GIRCUIT COURT
SAINT LUCIE COUNTY `
FILE # 3107127 09/12/2D07 at 10,35 AM
OR BOOK 2878 PAGE 2009 - 2011 'Doc 7ype: RESO
RECORDING: $27.00`
for the construction of a right nnd lett turn lanes on Range Line
Road at the ~pro jec# entrance Prior to the issuance of any
building_permits for any p4rt of the ~lanned'expansion nrea; #-~te
ert#~+ee~s-- the proper~ owner shal) ~ost security in a manner
nnd form ncce~table to the St Lucie Count~ Attorney to ensure
that #he these resuireci turn ic~nes nre ~rovided for. ~ed-~e-be
~t
Underline is for oddition
'is for deletion
**~**********************~*****
B. The npprovnl of Resalution 07-274, amending Condition Number 6 af Resolution
07-135, does not change or alter c~ny other approval condition or requirement of Resolution
07-135.
C. A copy of this resolution shall be recorded in the land records of St. Lucie
County. ~
D. A copy of this resolutian shall be attached to the site plan drawings described
in Resolution 07-135, which plan shall be placed on f ile with the St; Lucie County 6rowth
ManQgernent Director:
After motion and second, the vote on this resoluti:on was as follows;
Chairmnn Chris Craft AYE
Vice-Chairman Joseph E. Smith AYE
Commissioner Pauln A. Lewis AYE
Commissioner'Doug Cowc~rd AYE
Commissioner Charles 6rqnde AYE
PASSEO AND DULY A~OPTED this 4th Day of September 2007.'
BOARD OF COUNTY COMMISSIONERS
ST . LIiC C~~JNTY , FLORIDA
~~ '
,, ~ j
BY f~
Chairmn!~ ~
f
X
~
'~
~
J
~
5
6'
7
8
9
10
11
I2
13
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15
I6
17
1$
19
~0
?1
~2
23
~4
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27
2~
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37.
3?
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35
36
37
38
39
4fl
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4~
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45
46
~ESOLU-r~a`N r~o. as~a~~
FILF NO.: SPMN 424Q81450
A RE~~LtJTttaN U~' TFlE B{)ARL7 i~F COUNTY CC3MMISSI~NERS t7F
ST, LUCIE GQUNTY, F~l3FtiDA, AIV~ENDING RESQLUT#QN Nt~. +D7-'l35
~RANT[NG AN AE3JUSTMENT .TO THE LANDSCAPE PLAN AN~
' MtJD1FYING ~(3NdITiONS UF APPRt~VAL FOR 7"HE PROJECT
KNCIWN AS ALL.MEQ idEW TECHMOLt'?GtES, INC., A 55,444 SQUARE
FOtJT CN~USTRIAL FACtLITY StTUATE ON 25.00 AGRES ~MtJRE C)R
~.ESS}` OF LAND ON THE 1tVEST SIDE ~F RANGE LlNE Ft~AD AT
~LkDE~ CUT `t~FF RUAD, IN THE I~iD (INDLIST`R1AL) Zt}NtNG
C}ISTRICT.'
WHEREAS, the Baard of Courity Commissior~ers of St. Lucie'Gounty, ~larida; b~sed on fhe
t~stimony and evidence, in~luding but not fimited to the s~aff report, has ma~e fhe fQllowing
determinatfons: ' _
1. t~n July 2~, 2~07, under ResQlution tJ7-1~5, this Bnard approved a i~lajor Adjustment to
~ Nlajt~r Sit~ 'P(an approval fc~r #he prvject ~Cnawn as Allied New Techno~ogies (f/k/a '-
Miami Tan!<lCherr-T~x), fc~r a proposed 35,3Q0 squ~re foat expansron to #he' existing
20,944 square fio~t facility to provide for the intraduction of a maraufacfiuring op~ration
that will suppiy water treatment plants with necessary treatrr~ent chemicals to create
patab(e water;
2. C3n Sepfember 4, 2QQ7, under Re~olut#nn ~7-274, tf~is Board appraved a ~eveEopment
CJ~-der Amendment to modify ~anc~itic~n #6 of ResvlutiAn 07-13~.
3: Un May 6, 2008 the St. Luci~ GoUnty Bcsard'vf County Ct~mmissianers heid a pubiic
h~aring and granted a Minor Adjustme~rt ~o ths Lands~aping Plan and a Deveiopment
Order ~mer~dmen~ to modif~ condi~ions af apprt~val `which further requirecl ' a
Landsaaping Agreement, incluciing a$315,30(~.00 escrow d~posit, to be ~stabiished:
4. The proposed Minoc Adjustment to the Landscaping Plan is consistent v,rit~ fihe genera!
purpr~se, goals, objectives and standards of the St: Lucie' Coun~y Land peuelapment '
Cflds, the St. Lucie County Gampr~hensive Plan, and the Code af C3rdinances of St.
Lucie County. T~te Environrnental Resc~urces Qepartrnent F~as recornmended remectial
G~nditicrns of approval that, if impiernented, correct any Gode defi~iencies and make
the propc~sed Lanctscaping Pian consistent vsr~th the Land £~eveloprnen~ Code anc!
Ct~mpr~hensiue Plan.
5. Ths proppsed adjusfiment to the Lanciscaping P[an with condifiions 'of appraval as
catt#ained in this Resolution does not alter the prior; approvals granted under
Resolution 07-13~ and Resblutian t}7-274 which remain in fiul! force and`sffect.'
EDW1N M. ~RX, Jr.A GLERK OF TH~ GIRCiIFf` CL~tlR7 V_
SAlNT LUC~ COUNTY Resvlution No. {38-095 ~
Fi(e IVo.' SPMj 42008-1450 ~ILE # 32D892~ OSJ'19f2008 at 02:43 ~'M
OR 8QC7K 2974 PAGE 2926 - 2929 l~vc Typ~: RESD I
May 6, 2Q08 a~ec~zn~t~~~ ~as.so Page 1 ~
x
2
3 N~W, THEREF~R~, :BE IT RESflLVED by the Board`af Cc~unty Gommissioners of ~t.
4 ` Lucie Caunty, Florida:
5=
6 A. Pursuant to Sectian 11.02.04(A) c~f the St. Lucie Gounty Land Developme:nt Code, the
7` Adjustment to the ~andscape PSan.`fior the` project known as Allied New Technologies, Inc., is
~ hereby appro~red with cr~nditions, including modifications ta'the site pl~n dra~+vings fc~r fihe
9 ~roject prepared by Gulpepper & Ter}~ening, lnc., a copy vf which is at~ached as Exhibit A, .
~0 dated Marc~ 28, 2a08, and r3ate stamped re~eived by the St. Lucie Gounty Grovv~h
11 Mana~~ment Director"on March 28, 2~Q6,'subject to the foll~wing conditians
I2
13 1. The applicant shall comply wifh th~ r~vised nort-irrigated land~cape plan dateci
1~ fVfarch 28, 2008 usir~g ~lraught-toierant natiue vegefiafiion and ap~roved by SLG
15 ` Envir~nmental F2e~aurces Department. In cansideration `that f~ture
16 deveicapmenfi 'rr~ight accur before this revised Eandscape plan; matures to
17 provide `an opaqua vegetative screen, the appiicant will execute a Landscaping
1~ Agreement, inclutl'rng an escrow deposit i~ the amount ~sf $315,5fl0.Ob,
19 acceptable to SLC. The ag~eement shall be executed priar ta the issuance af a.
20 Certi~icate of 4ccupa»cy and shaq provide sufficien~ furiding in escrow to
Z1 replace the appraved draught-tol~rant landscape plan with mature, irrigated
22 lant~scaping, if require~l by ~L~ ER~}.
23
Z~ 2. In #he event th~t any iar~dscapir~g within a utifity easement is removed trr
~5 darnaged, i# shaEl be pr~mptly replaced either in #h~ sarri~ ta~ation ar in ~n
26' alternafe locatir~n apprav~d k~y SLG per Ssction 7:t19.~~.C).
~7'
2~ B. ' Approval of this Resoiutian does nnt alter the prior approvals gran~ed und;er F~esofution
29- ~i7-13~ an~ R~soiution C37-Z7~ ~vhich remain in f~ll force and effieet.
3D
31' C. ` The St. Lucie County Growth hllanagem~nt Directr~r is hereby authori~ed and directed
32 to c~use the notafiion of tt~~s resolu~ion t~ l~e made ot~ the C'3ff'rcial Zvning Ntap of St.
33' ~u~ie Count~r, ~loricia; ar~d to make nc~#ation ofi referenc~ to the dat~ Qf adaption o~ this
3~ I'~54~U~1C3t7.
~~
3C a; A`copy ~f this resalution shall be a~fached to the site plan cira~nrings described in
~7 S~~tion A, which pf~n shall be placed on fiile with> the St. Luci~ C~unty Growth
~8 Management ~irectnr:
3~
40 E: This resoluti+~n shaq be recorded in the Public Records of St, L~ucie Cvunty. The
4I recording of thEs r~sc~lution does not authorize the comrt~encement of any an-sit~
42 development acti~i~ies wi#hs~ut ok~taining such fu~ther development'perrnits as may be
4,i required. Ail appticable conditians of approva( as s~t forth above; and alI appJicable
4~ ~od~ r~quiretnents rnus# be met tca ~atisfac#itan o~f th~ ~qunty before fiina~ site'
~~ canstructian permits are issued.
4~
47
~8 After motion ancl seco'nd, the vofie on this resolution was as follows:
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May 6, 2{~08 Page 2
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