HomeMy WebLinkAbout09-068 1 RESOLUTION NO. 09-068
2 File No.: CUMN 520081467
3
4 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY
5 COMMISSIONERS GRANTING WCA OF ST. LUCIE, LLC A MAJOR
6 ADJUSTMENT TO AN APPROVED CONDITIONAL USE PERMIT FOR A
7 RECYCLING FACILITY IN THE IH (INDUSTRIAL, HEAVY) ZONING
8 DISTRICT FOR PROPERTY LOCATED AT 9901 RANGE LINE ROAD IN
9 ST. LUCIE COUNTY, FLORIDA.
10
11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based
12 on the testimony and evidence, including but not limited to the staff report, has made
13 the following determinations:
14
15 1. WCA of St. Lucie, LLC presented a petition for a Major Adjustment to an
16 Approved Conditional Use Permit to change the applicant and project
17 name, and extend the expiration date for the operation of a recycling
18 facility in the IH (Industrial, Heavy) Zoning District for the property located
19 at 9901 Range Line Road as described in Part B below and depicted in
20 Exhibit "A".
21
22 2. On January 16, 1996, through Resolution No. 95-232, the St. Lucie
23 County Board of County Commissioners granted a Conditional Use Permit
24 for the C.A.T. Roll-Off Service & Recycling Yard for the operation of a
25 recycling facility to be located on the subject property. ~
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26 ~
27 3. On July 1, 1996, through CD-96-008, the St. Lucie County Community
28 Development Director approved the C.A.T. Recycling Yard site plan W F
29 drawings for the petition property prepared by Lindahl, Browning, Ferrari, LL ~ o
30 & Hellstrom, Inc. on June 28, 1996 and date stamped by the Community ~ o
31 Development Director on July 1, 1996.
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32
33 4. On August 7, 2007, through Resolution No. 07-043, this Board approved ~ ~ n a
34 the petition of S.P. Recycling Corp. for a Major Adjustment to an Approved y W N N
35 Conditional Use Permit to allow for the operation of a recycling transfer = 3 ~ Y?
36 station within the IH (Industrial, Heavy) Zoning District on property owned W Z ~ m o
37 by WCA of St. Lucie, LLC. o a W ~ W
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38
39 5. On May 20, 2008, through Resolution No. 08-147, this Board approved
40 the petition of Keys Wi-Fi Inc. granting site plan approval, with conditions, .
41 for the project to be known as "South Florida Recycle Communication
42 Tower", a 195 foot high communication tower to be located on 0.23 acres
43 of the subject property.
44
June 16, 2009 Res. No. 09-068
File No. CUMN 520081467
Page 1
1 6. On September 23, 2008, this Board held a public hearing on this petition,
2 after publishing a notice of such hearing and notifying by mail all owners of
3 property within 500 feet of the subject property and continued the hearing
4 until October 28, 2008.
5
6 7. On October 28, 2008, this Board re-opened the public hearing on this
7 petition and continued the public hearing to November 25, 2008.
8
9 8. On November 25, 2008, this Board re-opened the public hearing on this
10 petition and continued the public hearing to April 21, 2009.
11
12 9. On April 21, 2009, this Board reopened the public hearing on this petition
13 and continued the public hearing to June 16, 2009.
14
15 10. On June 16, 2009, this Board reopened the public hearing on this petition.
16
17 11. The proposed Major Adjustment to the Approved Conditional Use Permit
18 is consistent with the goals, objectives, and policies of the St. Lucie
19 County Comprehensive Plan and has satisfied the requirements of
20 Section 11.07.05(E)(2) of the St. Lucie County Land Development Code,
21 subject to the conditions in Part A below.
22
23 12. The proposed adjustment is in substantial conformity to the original
24 approval and will not have an undue adverse effect on adjacent property,
25 the character of the neighborhood, traffic conditions, parking, utility
26 facilities, or other matters affecting the public health, safety and general
27 welfare.
28
29
30 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
31 Lucie County, Florida:
32
33 A. Pursuant to Section 11.07.05(E)(2) of the St. Lucie County Land Development
34 Code, a Major Adjustment to an Approved Conditional Use Permit for WCA of
35 St. Lucie, LLC to change the applicant and project name and extend the
36 expiration date of the Conditional Use Permit for recycling operations is hereby
37 granted for the property described below, subject to the following conditions:
38
39 1. All previous terms and conditions of approval applicable to the subject
40 project, as contained in Resolution No. 95-232 and Resolution No. 07-
41 043 have been consolidated or modified as contained herein. The
42 property owner shall comply with all previous established conditions of
43 approval and deadlines established by the Board of County
44 Commissioners, unless expressly modified herein.
45
June 16, 2009 Res. No. 09-068
File No. CUMN 520081467
Page 2
1 2. The terms and conditions set forth in Resolution No. 08-147, granting
2 approval to the Keys WI-Fi Inc. communication tower on .23 acres
3 within the subject property boundary shall remain in full force and
4 effect.
5
6 3. The conditional use site improvements and operation areas shall be
7 consistent with the site plan drawings prepared by HSA Golden
8 Environmental and Engineering Consultants and date stamped by the
9 Growth Management Director on_June 5, 2009, and approved by the
10 Board of County Commissioners on June 16, 2009, through Resolution
11 No. 09-071. Major or minor revisions to the site plan may be made
12 consistent with the County's Land Development Code.
13
14 4. Prior to the establishment of any recycling operations on the property,
15 a Certificate of Zoning Compliance shall be required. Prior to the
16 issuance of zoning compliance the following requirements must be
17 met:
18 a. Landscaping and fencing shall be installed as shown on the
19 approved site plan for the property in compliance with Land
20 Development Code Section 7.10.12(6). In addition, Range Line
21 Road landscaping shall be provided to form a continuous opaque
22 screen outside of the fenced area, exceeding the minimum
23 vegetative screening requirements of Section 7.10.12(8).
24 Landscaping plans shall be approved by the Environmental
25 Resources Department prior to installation.
26 b. Any "Category 1" exotic vegetation, as identified in the latest edition
27 of the Florida Exotic Pest Plant Councils "Most Invasive Species
28 List", that remains or has become re-established on the property
29 shall be removed, and any remaining stumps chemically treated.
30 c. A dry hydrant system shall be installed to allow use of the water
31 from the stormwater management pond in event of an emergency.
32 d. Compliance with the conditions of approval set forth in Resolution
33 09-071 granting approval to the project site plan.
34
35 5. In accordance with Section 7.10.12(8) of the Land Development Code,
36 the building, concrete pad, gravel, vehicular use, and storage areas
37 are limited to a total of 200,000 square feet.
38
39 6. There shall be no disposal of any materials on site.
40
41 7. Hours of operation are limited to 7:00 AM to 6:00 PM Monday through
42 Friday and 7:30 AM till 12 PM on Saturday.
43
44 8. The applicant shall maintain all required permits and licenses from the
45 Department of Environmental Protection and other applicable agencies
June 16, 2009 Res. No. 09-068
File No. CUMN 520081467
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1 for the recycling of each type of material received.
2
3 9. Recycling of hazardous materials shall be prohibited. Any hazardous
4 material received inadvertently shall be placed in temporary storage
5 facilities and transported to final approved disposal sites as required by
6 all applicable local, state and federal rules and regulations.
7
8 10. Exterior lights must be directed in a manner that does not disrupt traffic
9 on Range Line Road or uses on surrounding lands.
10
11 11.The applicant must furnish the St. Lucie County Solid Waste Division
12 with reports of tonnage received and recycled, in a form and at a
13 frequency acceptable to the Division.
14
15 12. If WCA of St. Lucie, LLC should cease operations of this site, all stored
16 materials shall be removed by the applicant, successors or assigns.
17
18 13. The recycling materials shall be limited to those picked up at curb-side
19 including plastics, aluminum, metal cans, paper, and clean
20 construction and demolition debris as defined in Section 403.703 of the
21 Florida Statutes.
22
23 14.AI1 sides of each individual debris storage (stockpile) area shall be
24 accessible by means of fire lanes. Fire lanes shall be a minimum of 1
25 times the height of the pile, but in no case shall the fire lane be less
26 than 20 feet in width. The maximum height of the individual storage
27 stockpile shall not exceed 24 feet in height. The individual storage
28 stockpile shall not exceed a maximum width of 100 feet or a maximum
29 length of 500 feet.
30
31 15. Prior to issuance of a Vegetation Removal Permit or Exemption, the
32 applicant shall execute an improvement agreement, acceptable to
33 SLC, covering the cost of all required landscaping, irrigation, and
34 related improvements as shown in the Site Plan. A copy of this
35 agreement can be obtained by visiting the SLC ERD website at:
36 http://www.stlucieco.org/erd/index. htm.
37
38 B. The property on which this Major Adjustment to an Approved Conditional Use
39 Permit approval is being granted is described as follows:
40
41 FROM THE NORTHEAST CORNER OF SECTION 1 RUN SOUTH
42 00°00'54" WEST ALONG THE EAST LINE OF SAID SECTION 1 A
43 DISTANCE OF 3260.81 FEET TO THE POINT OF BEGINNING;
44 THENCE SOUTH 00°00'54" WEST ALONG THE EAST LINE OF SAID
45 SECTION 1 A DISTANCE OF 330.00 FEET; THENCE NORTH 89°59'06"
June 16, 2009 Res. No. 09-068
File No. CUMN 520081467
Page 4
1 WEST A DISTANCE OF 660.00 FEET; THENCE NORTH 00°00'54"
2 EAST A DISTANCE OF 330.00 FEET; THENCE SOUTH 89°59'06"
3 EAST A DISTANCE OF 660.00 FEET TO THE POINT OF BEGINNING
4 LYING IN SECTION 1, TOWNSHIP 37 SOUTH, RANGE 38 EAST, IN ST.
5 LUCIE COUNTY, FLORIDA.
6
7 PARCEL CONTAINS 5.0 ACRES MORE OR LESS.
8
9 Location: 9901 Range Line Road, approximately 0.7 mile south of Glades Cut-Off Road.
10
11 Parcel ID Number: 4201-134-0003-0105
12
13 C. This Conditional Use Permit shall expire on August 7, 2010, unless the developer
14 has obtained a zoning compliance for the uses described in Part A above, or an
15 extension has been granted in accordance with Section 11.07.05(F), St. Lucie
16 County Land Development Code.
17
18 D. The approvals and authorizations granted by this Resolution are for the purpose
19 of obtaining Zoning Compliance from St. Lucie County, and are not assigned to
20 any other party or institution. Should WCA of St. Lucie, LLC choose or decide to
21 assign this business to another entity or individual, a major adjustment to the
22 conditional use permit shall be required.
23
24 E. The Certificate of Capacity granted by the Growth Management Director on July
25 10, 2007, shall remain valid for the period of this development order. If this order
26 expires or otherwise terminates, the certificate of capacity shall automatically
27 terminate.
28
29 F. The approval granted under this order is specifically conditioned to the
30 requirement that the property owner/petitioner, WCA of St. Lucie, LLC including
31 any successors in interest, shall obtain all necessary development permits and
32 construction authorizations from the appropriate State and Federal regulatory
33 authorities including, but not limited to; the United States Army Corps of
34 Engineers, the Florida Department of Environmental Protection, and the South
35 Florida Water Management District, prior to the issuance of any local building
36 permits of authorizations to commence development activities on the property
37 described in Part A.
38
39 G. The St. Lucie County Growth Management Director is hereby authorized and
40 directed to cause the notation of this resolution to be made on the Official
41 Zoning Map of St. Lucie County, Florida, and to make notation of reference to
42 the date of adoption of this resolution.
43
44 H. This order shall be recorded in the Public Records of St. Lucie County.
45
June 16, 2009 Res. No. 09-068
File No. CUMN 520081467
Page 5
1 After motion and second, the vote on this resolution was as follows:
2
3 Chair Paula A. Lewis AYE
4 Vice Chair Charles Grande AYE
5 Commissioner Doug Coward AYE
6 Commissioner Chris Dzadovsky AYE
7 Commissioner Chris Craft AYE
8
9 PASSED AND DULY ADOPTED this 16th day of June 2009.
10
11 BOARD OF COUNTY COMMISSIONERS
12 ,~~3.E ~I.~~, ST. LUCIE COUNTY, FLORIDA
14 ~ _ ,
16 ~ ~ ~ ~ ~ 7~ BY CHAIRMAN
18 ATTEST: , ;~'h` ~ * APPROVED AS TO FORM
19 F~t'~` AND RRECTNESS:
21 .fin,
22
23 TY CLERK COUN ATTOR Y
24
June 16, 2009 Res. No. 09-068
File No. CUMN 520081467
Page 6
1 Exhibit A
2
3
CUMJ-520081467
A petition of WCA of St. Lucie County, LLC for a MajorAdjustment to an Approved
Conditional Use Permit for a Recycling Transfer Station in IH (Industrial, Heavy)
Zoning District
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City of Port St. Lucie Map prepared August 12, 2008
4
June 16, 2009 Res. No. 09-068
File No. CUMN 520081467
Page 7