HomeMy WebLinkAbout10-1031 Resolution No. 10-103
2 File No.: CU 120104031
3
4
5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
6 ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO
7 ALLOW FOR A SAND MINING OPERATION IN THE AG-5
8 (AGRICULTURAL - 1 DU/5 ACRES) ZONING DISTRICT FOR
9 PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA.
10
11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
12 the testimony and evidence, including but not limited to the staff report, has made the
13 following determinations:
14
15 1. Peter Harrison presented a petition for a Conditional Use Permit to allow for the
16 operation of a Class I Mining Operation to be known as SR 70 Borrow Pit at
17 Adams Ranch, in the AG-5 (Agricultural - 1 du/5 acre) Zoning District for the
18 property depicted on the attached map in Exhibit "A" and described in Part B
19 below.
20
21 2. On May 20, 2010, the St. Lucie County Planning and Zoning Commission held a
22 public hearing on the petition, after publishing notice at least 10 days prior to the
23 hearing and notifying by mail all owners of property within 500 feet of the subject
24 property, and recommended that the Board of County Commissioners approve
25 the hereinafter described request for a Conditional Use Permit Approval in the
26 AG-5 (Agricultural, 1 du/5 acres) Zoning District for the property described in Part
27 B.
28
29 3. On July 20, 2010, this Board held a public hearing on the petition, after
30 publishing a notice of such hearing and notifying by mail all owners of property
31 within 500 feet of the subject property.
32
33 4. The proposed Conditional Use Permit, with the conditions therein, is consistent
34 with the goals, objectives and policies of the St. Lucie County Comprehensive
35 Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie
36 County Land Development Code.
37
38 5. With the proposed conditions, the project will not have an undue adverse effect
39 on adjacent property, the character of the neighborhood, traffic conditions,
40 parking, utility facilities, or other matters affecting the public health, safety and
41 general welfare.
42
43 6. The applicant has received a Certificate of Capacity, a copy of which is attached
44 to this order as Exhibit "B", as required under Chapter V, St. Lucie County Land
45 Development Code.
July 20, 2010
File No.: CU 120104031
Resolution No. 10-103
0
~ o
5 W
~ ~
W ~~
O N N
01 N
Y oN
~ ~
(~ ~- N N
~V°a~
y W ~ ~
N (~
LLJ V N ~`1
a~~oo
o'a~~~
~y~0~
Page 1
1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
2 Lucie County, Florida:
3
4 A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
5 Conditional Use Permit to allow for the operation of a sand mine, to be known as
6 SR 70 Borrow Pit at Adams Ranch, in the AG-5 (Agricultural - 1 du/5 acre)
7 Zoning District, at the location described in Part B, and depicted on the map
8 attached as Exhibit A, is hereby approved subject to the following conditions:
9
10 1. The mining activities on the property described in Part B shall consist of the
11 surveyed limits of the borrow pit area and the haul road to service the mining
12 activity, as generally depicted on the drawings prepared by Engineering,
13 Design and Construction Inc. dated February 4, 2010 and date stamped
14 received by the St. Lucie County Planning and Development Services
15 Director on July 8, 2010.
16
17 2. Prior to commencing any operation of the mining efforts on the property, the
18 applicant shall be required to obtain an approved mining permit from St. Lucie
19 County that is consistent with this development order and Section 6.06.00
20 and 11.05.11 of the Land Development Code.
21
22 3. The hours of operation for this mining operation will be 7:00 AM to 7:00 PM,
23 Monday through Saturday. No additional hours of mining operation will be
24 permitted unless the Board of County Commissioners approves a revised
25 Conditional Use Permit.
26
27 4. There shall be no blasting permitted within the mining operation.
28
29 5. Access to the mining site shall only be from State Road 70 along the
30 approved haul road.
31
32 6. No mining truck shall be allowed to utilize Carlton Road.
33
34 7. Prior to Mining Permit approval, the applicant shall provide the Environmental
35 Resources Department with a Tree Mitigation Plan, Reclamation Plan, and
36 Lake Area Monitoring and Management Plan approved by the County and all
37 other affected agencies. The mitigation plan shall outline proposed cabbage
38 palm relocation and maintenance methods. The applicant shall be
39 responsible for the costs of relocation and subsequent maintenance (Land
40 Development Code [LDC] Section 6.00.05.D.3.a.2). Mitigation, reclamation,
41 and initial monitoring and management costs shall be included in the Mining
42 Permit bonds (LDC Sections 11.05.11.C and D).
43
44 8. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
45 shall have obtained and provided the Environmental Resources Department
July 20, 2010 Resolution No. 10-103
File No.: CU 120104031
Page 2
1 with all required federal and state permits and approvals, including but not
2 limited to the Environmental Resource Permit, South Florida Water
3 Management District Water Use Permit, US Fish and Wildlife Service
4 approval, and St. Lucie County mining permit. If federal or state agency
5 compliance requires modification to the mining plans or implementation of
6 conservation measures, the applicant will promptly modify the plans and
7 submit to St. Lucie County for review and approval. The County's
8 development approval shall not prevent compliance with any federal or state
9 agency requirements
10
11 9. Prior to release of the Pre-Mining bond, all invasive exotic vegetation located
12 within the Conditional Use area shall be removed (LDC Section 7.09.05).
13
14 10. Prior to issuance of a Vegetation Removal Permit or Exemption, if more than
15 one year or nesting season has elapsed since the most recent listed species
16 surveys were conducted in accordance with appropriate state and/or federal
17 protocols, updated surveys shall be required for the crested caracara, as well
18 as any other listed species for which the state or federal government have
19 required updated surveys. Surveys should be conducted in accordance with
20 appropriate state and/or federal protocols, and documentation of survey
21 methods and results shall be provided to the Environmental Resources
22 Department, as well as the appropriate state and/or federal agencies. In the
23 event that the applicant obtains written documentation from the US Fish and
24 Wildlife Service for federally-listed species or the Florida Fish and Wildlife
25 Conservation Commission for state-listed species, indicating that updated
26 surveys will not be required for this project, this condition of approval will be
27 considered addressed.
28
29 11. Within 90 days of Mining Permit approval or prior to issuance of a Vegetation
30 Removal Permit or Exemption, whichever comes first, the applicant shall
31 provide the required Environmental Resources Department-approved Lake
32 Area Monitoring and Management Plan with an attached affidavit, and a
33 cashier's check, payable to the Clerk of the Court for the appropriate
34 recording fees, to the County Attorney for review and approval.
35
36 B. The subject property is described as follows:
37
38 A PARCEL OF LAND LYING IN SECTIONS 1 AND 2. TOWNSHIP 36
39 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA. BEING
40 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
41
42 COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2,
43 RUN N00°31'36"E ALONG THE EAST LINE OF SAID SECTION 2, A
44 DISTANCE OF 1667.87 FEET TO THE POINT OF BEGINNING OF THE
45 HEREIN DESCRIBED PARCEL.
July 20, 2010 Resolution No. 10-103
File No.: CU 120104031
Page 3
1
2 RUN THENCE S82°11'59"W A DISTANCE OF 1132.18 FEET; THENCE
3 N48°33'10"W A DISTANCE OF 298.30 FEET; THENCE N03°33'10"W A
4 DISTANCE OF 258.16 FEET; THENCE S85°25'45"W A DISTANCE OF
5 349.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
6 TO THE SOUTHEAST HAVING A RADIUS OF 133.00 FEET; THENCE
7 SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
8 CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 57.88 FEET TO THE
9 POINT OF TANGENCY; THENCE S60°29'44"W A DISTANCE OF 391.00
10 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO
11 THE NORTHWEST HAVING A RADIUS OF 167.00 FEET; THENCE
12 SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
13 CENTRAL ANGLE OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE
14 POINT OF TANGENCY; THENCE S85°25'45"W A DISTANCE OF 165.43
15 FEET; THENCE S04°34'15"E A DISTANCE OF 1466.21 FEET; THENCE
16 TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SR-70;
17 THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE
18 S69°02'37"W A DISTANCE OF 2.97 FEET; THENCE S20°57'23"E A
19 DISTANCE OF 5.00 FEET; THENCE S69°02'37"W A DISTANCE OF
20 50.62 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY
21 LINE OF SR-70 RUN N04°34'15"W A DISTANCE OF 1520.13 FEET;
22 THENCE N85°25'45"E A DISTANCE OF 215.43 FEET TO THE POINT
23 OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST
24 HAVING A RADIUS OF 133.00 FEET; THENCE NORTHEASTERLY
25 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
26 24°56'01" A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY
27 OF SAID CURVE; THENCE N60°29'44"E A DISTANCE OF 391.00 FEET
28 TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
29 SOUTHEAST HAVING A RADIUS OF 167.00 FEET; THENCE
30 NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
31 CENTRAL OF 24°56'01" A DISTANCE OF 72.67 FEET TO THE POINT
32 OF TANGENCY; THENCE N85°25'45"E A DISTANCE OF 349.97 FEET;
33 N03°33'10"W A DISTANCE OF 186.76 FEET; THENCE N47°22'16"W A
34 DISTANCE OF 192.34 FEET; THENCE S90°00'00"W A DISTANCE OF
35 54.08 FEET; THENCE N03°33'10"W A DISTANCE OF 36.89 FEET;
36 THENCE N86°26'50"E A DISTANCE OF 12.75 FEET TO THE POINT OF
37 CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING
38 A RADIUS OF 135.00 FEET; THENCE NORTHEASTERLY ALONG THE
39 ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°38'10" A
40 DISTANCE OF 58.05 FEET TO THE POINT OF TANGENCY; THENCE
41 N61 °48'40"E A DISTANCE OF 190.53 FEET TO THE POINT OF
42 CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING
43 A RADIUS OF 165.00 FEET; THENCE NORTHEASTERLY ALONG THE
July 20, 2010
File No.: CU 120104031
Resolution No. 10-103
Page 4
1 ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°00'41" A
2 DISTANCE OF 57.63 FEET TO THE POINT OF TANGENCY; THENCE
3 N81 °49'21 "E A DISTANCE OF 264.09 FEET TO THE POINT OF
4 CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING
5 A RADIUS OF 190.00 FEET; THENCE SOUTHEASTERLY ALONG THE
6 ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°37'29" A
7 DISTANCE OF 164.56 FEET TO THE POINT OF TANGENCY; THENCE
8 S48°33'10"E A DISTANCE OF 301.57 FEET TO THE POINT OF
9 CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING
10 A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG THE
11 ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°26'11" A
12 DISTANCE OF 86.28 FEET TO THE POINT OF TANGENCY; THENCE
13 N82°00'39"E A DISTANCE OF 841.87 FEET; THENCE S08°10'39"E A
14 DISTANCE OF 655.22 FEET; THENCE S82°11'59"W A DISTANCE OF
15 368.31 FEET TO THE POINT OF BEGINNING.
16
17 CONTAINING 32.371 ACRES MORE OR LESS.
18
19 Parcel ID: Part of Parcels 3102-111-0001-0000 and 3101-211-0001-0004
20
21 C. The approvals and authorizations granted by this Resolution are for the purpose
22 of obtaining a Building Permit or Zoning Compliance from St. Lucie County.
23
24 D. The approvals and authorizations granted by this Resolution shall expire on
25 July 20, 2011, unless a Building Permit or Certificate of Zoning Compliance for is
26 obtained for the uses described in Part A above, or an extension has been
27 granted in accordance with Section 11.07.05(F), St. Lucie County Land
28 Development Code.
29
30 E. The Certificate of Capacity, a copy of which is attached to this resolution, shall
31 remain valid for the period of Conditional Use approval. Should the Conditional
32 Use approval granted by this resolution expire or an extension be sought
33 pursuant to Section 11.07.05(F) of the St. Lucie County Land Development
34 Code, a new certificate of capacity shall be required.
35
36 F. The St. Lucie County Planning and Development Services Director is hereby
37 authorized and directed to cause the notation of this resolution to be made on the
38 Official Zoning Map of St. Lucie County, Florida, and to make the notation of
39 reference to the date of adoption of this resolution.
40
July 20, 2010
File No.: CU 120104031
Resolution No. 10-103
Page 5
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
After motion and second, the vote on this resolution was as follows:
Chairman Charles Grande AYE
Vice-Chairman Doug Coward ABSENT
Commissioner Paula Lewis AYE
Commissioner Chris Dzadovsky AYE
Commissioner Chris Craft AYE
PASSED AND DULY ADOPTED this 20th day of July 2010.
-~ t~ ~:,C,1~, BOARD OF COUNTY CO
c,Y__~ ~ ~, r~ ST. LUCIE COUNTY, F OIRDA
,,~ ~. r,
~:. ~~
~~, a - .~ '~,.
!~ , , ~ ~! ; 3:a ~p
<:.,~
ATTEST:
c~
airn~n
APPROVED AS TO FORM
AND`GORRECTNESS:
TY ATT~RINEY
July 20, 2010
File No.: CU 120104031
Page 6
Resolution No. 10-103
Exhibit A
A petition of Peter W. Harrison (SR 70 Borrow Pit at Adams Ranch) for a Conditional Use Permit to allow
a sand mining operation in the AG-5 (Agricultural-1 du/5 acres) Zoning District
I ', ~
i
~ ~- - - ~-.
' AG-5 ~
~ ~ ', '~
' "°~ '
~ ~~ '
~ '
~ ~
~ i
~ i -~
~ ~
. •
~~ ~y--
~~ ~~EFt~
~K~EGHO. I ~~~
~~~~ o
AG-5 ~
_ ~ AG-5
- ~~
w
~ ~
I
®Conditional Use boundary
® Parcel boundaries St. Lucie County Zoning ~.•a~....>...~-. N
- -~ AG-5 -Agricultural (1 du/5 ac) '~~"'-'"'"`
~- - _500 ft. notfication area - - __ -- n
MaP Prepared April 20. 2010 /~
2
3
4
5
6
7
8
July 20, 2010
File No.: CU 120104031
Resolution No. 10-103
Page 7
IXHIBIT' ~'
St Lucie Cc~m~ty
i'crtifir~tc o~ Cap3ciLr~
data 6a•~9r7b10 CorllTlcate Nc. 3tih l
Thia document cAniFieA thef oancurrensy will be oral and that adequatA public facility
Capacity exists t'o meirrfsin the standards for levels of service AS agpp,teq in the 53
Lucie CcUnlY Camprehsnsive Plan for:
1. Typo of peVelagrnerr# CondirintiAl L:ae F:amil for Sk ?t? D+rrnsw }'it
Number of units i y Nurnber of aq uarta feat
2. properly legal description & Tax iD no.
Yr~ti aF 31 [131; 1 UUUJ UOr)0 aad 3141 Z110(?OJ OC(}t
:3 mile; h•rxt pf Sumn~ci lir. R;] au-9 GC4'd Stk "0
3. IWproy~l: Building ReSpiUtion No. li)•1{13 Letter
4. Subject to the following conditions fior Conaurrency:
tier. Rrcpliitipp
Owner's name
I'ctcr I~triseu ti'P, :t+lau:s It.uich Jnc
Address
ro s~X ta~o~
6. Gartlficate Expiration Dale ?/2C6"'~011
'this Certlflcatg of Capaolty IS lrans7;erabls only to subsequent owners of tho 58 me
parcel, and i9 subject to the snore ttrrms, conditions and axpirstion d9tie listed herein,
?11A expirdtion date can be ex#endod only undEr iohe same term9 and conditions as the
underlying dei+~sloprrtont pr+dt'rissueq with this certificate, or for subsequent
development prd'a+'(s~ issued for the sa me property, use and size as dc~Hbed herein.
~i/ i~rT~r
Signed ~
T>afee 7,'SI?A10
Planning and Davaloprnent Seryloea director
St Lucie County. FloMda
1
TJ~urwlay.1nly (qi, ZOt0
July 20, 2010
File No.: CU 120104031
T+i~w L of 2
Resolution No. 10-103
Page 8