HomeMy WebLinkAboutPDS-11-026 - Treasure Coast Land Clearing, Inc. & Treasure Coast Tractor Service, Inc.1 PDS 11-026
2 CUMnj 1120114360
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4 AN ORDER OF THE PLANNING 8~ DEVELOPMENT
5 SERVICES DIRECTOR OF ST. LUCIE COUNTY
6 GRANTING APPORVAL FOR A MINOR ADJUSTMENT TO
7 A CONDITONAL USE KNOWN AS TREASURE COAST
8 LAND CLEARING, INC. AND TREASURE COAST
9 TRACTOR SERVICE, INC. LOCATED ON THE SOUTH
10 SIDE OF ORANGE AVENUE, APPROXIMATELY 1,800
11 FEET WEST OF SNEED ROAD.
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13 WHEREAS, the St. Lucie County Planning and Development Services Director has
14 reviewed the application for a Minor Adjustment to change the ownership and name,
15 and reduce the project size of a Conditional Use submitted by Treasure Coast Land
16 Clearing, Inc. and Treasure Coast Tractor Service, Inc.
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18 The Planning and Development Services Director has reviewed this application, and
19 made the following determinations:
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21 1. Treasure Coast Land Clearing, Inc. and Treasure Coast Tractor Service,
22 Inc. petitioned the Planning & Development Services Director for a Minor
23 Adjustment to change the ownership and name, and reduce the project size
24 of an existing Conditional Use formerly known as Treasure Coast Land
25 Clearing, Inc. and Treasure Coast Tractor Service, Inc., now known as
26 Treasure Coast Land Clearing, Inc., which was originally approved by the
27 Board of County Commissioners under Resolution No. 00-022 on June 6,
28 2000. The project size has been reduced and applies solely to the U
29 (Utilities) zoned portion of land consisting of approximately 5.1 acres on the
30 parcel legally described in Part B.
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32 2. The project is consistent with the general purpose, goals, objectives and
33 standards of the St. Lucie County Comprehensive Plan and the St. Lucie
34 County Land Development Code.
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36 3. The project will not have an undue adverse effect on adjacent property, the
37 character of the neighborhood, traffic conditions, parking, utility facilities, or
38 other matters affecting the public health, safety and general welfare.
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40 4. All reasonable steps have been taken to minimize any adverse effect on the
41 proposed project on the immediate vicinity through building design, site
42 design, landscaping and screening.
File Number: 1120114360 PDS Order 11-026
November 30, 2011 Page 1
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3653054 12/05/2011 a102:29 PM
OR BOOK 3344 PAGE 1528 - 1536 Doc Type: ORD
RECORDING: $78.00
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5. The project will be constructed, arranged, and operated so as not to interfere
with the development and use of neighboring property, in accordance with
applicable district regulations.
6. The project is to be served by adequate public facilities and services.
NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Section 11.07.05(E)(2)(a)(7) of the St. Lucie County Land
Development Code, the proposed Minor Adjustment to change the ownership
and name, and reduce the project size of an existing Conditional Use formerly
known as Treasure Coast Land Clearing, Inc. and Treasure Coast Tractor
Service, Inc., now known as Treasure Coast Land Clearing, Inc., is hereby
approved by the St. Lucie County Planning and Development Services
Director, subject to the following conditions:
1. The business operation authorized under this conditional use permit
Section shall be limited to the short term storage, processing and
burning of land clearing debris generated from land clearing operations
as defined below:
a. Land Clearing Debris means uprooted or cleared vegetation
resulting from a land clearing operation.
b. Land Clearing Operation means the clearing of vegetation in
connection with construction for buildings and rights-of-way,
residential or industrial development, mineral operations, or the
clearing of vegetation to enhance property value and aesthetics.
The removal and destruction of shade trees due to storm or
insect damage is included as a land clearing operation.
The business operation authorized under this conditional use
permit is specifically prohibited from engaging in the business of
land clearing and yard trash recycling unless and until a new
conditional use permit is granted and the site is determined to
be in compliance with the- provisions of Section 7.10.12(C) of
the St. Lucie County Land Development Code.
2. The total site area devoted to the processing, storage and combustion
of the collected land clearing debris shall be limited to the U (Utilities)
zoned portion of land consisting of approximately 5.1 acres on the
parcel legally described in Part B.
File Number: 1120114360
November 30, 2011
PDS Order 11-026
Page 2
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3. The hours of operation will be from 7:00 a.m. to 5:00 p.m., Monday -
Friday. The ignition of the combustion fires may not occur before 9:00
a.m. and must be extinguished one hour before sunset.
4. The processing yard, including all product-receiving areas, shall be
surrounded by a fence, wall, or opaque vegetative screening eight (8)
feet in height. Such fence or wall shall be of similar composition,
construction, and color throughout and shall be constructed without
openings except for one entrance and one exit; the entrance and exit
shall be equipped with unpierced gates. Such gates shall be closed
and securely locked at all times, except during business hours.
If vegetative screening is to be substituted for a fence or wall, plans for
such vegetative screening shall be submitted with the application for
conditional use approval. Such vegetative screening shall consist of a
greenbelt strip at least twenty (20) feet in width adjoining all adjacent
lot lines, and a greenbelt strip at least fifteen (15) feet in width
adjoining and street line. The greenbelt shall be composed of at least
one (1) row of deciduous or evergreen trees and one (1) or two (2)
rows of shrubs. In lieu of the vegetative screen of the greenbelt strip, a
citrus buffer of two (2) to three (3) rows of citrus trees may be installed.
Maintenance of the fence, wall or opaque vegetative screening shall be
the responsibility of the property owner consistent with the other
provisions of the St. Lucie County Land Development Code.
5. All sides of each individual debris storage (stockpile) areas shall be
accessible by means of fire lanes. Fire lanes shall be a minimum of
1'/2 times the height of the pile, but in no case shall the fire lane be less
than 20 feet in width.. A minimum 100-foot wide clear space shall be
provided between every two debris storage piles and there shall be
100-foot wide fire lane at the end of each storage or stockpile,
regardless of overall length. Figure 7-29 as found in the St. Lucie
County Land Development Code, generally depicts the layout of the
debris storage stockpile areas.
The minimum length of an individual debris storage stockpile shall not
exceed 500 feet. The maximum width of an individual debris storage
stockpile shall not exceed 100 feet. The maximum height of any one
storage stockpile shall not exceed 30 feet.
6. An area equal to 15% of the total area occupied by the debris storage
areas (stockpiles) shall be reserved for the emergency relocation of the
File Number: 1120114360 PDS Order 11-026
November 30, 2011 Page 3
1 stored materials should it be necessary for firefighting purposes. This
2 emergency storage area may not include any of the required minimum
3 setbacks or separation corridors for the debris storage areas
4 (stockpiles). This emergency storage area. shall be adequately served
5 with access to fire suppression resources, consistent with this code.
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7 7. The total site area that may be covered with the debris storage areas
8 ~ (stockpiles), excluding the emergency stockpile areas, shall not exceed
9 60% of the gross area of the project site.
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11 8. Individual stockpiles shall be located at least one hundred (100) feet
12 from any brush or tree line and shall be no closer than fifty (50) feet to
13 any property line or street right-of-way line.
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15 9. All materials received into this combustion facility shall be rotated
16 through the combustion process within 2 months of the acceptance
17 and deposition in the combustion yard.
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19 10. The petitioner shall, prior to the issuance of any Certificate of Zoning
20 Compliance, which is required for this conditional use permit to be fully
21 executed, shall submit a copy of Fire Prevention Plan for the
22 j combustion operation that has been approved by the St. Lucie County
23 Fire District, Fire Prevention Bureau. This fire prevention plan shall, at
24 a minimum, shall address all requirements and recommendations of
25 NFPA 46, Recommended Safe Practice for Storage of Forest
26 Products.
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28 11. The petitioner, including any assigns, shall submit to an annual fire
29 prevention inspection to be conducted, upon reasonable notice, by the
30 St. Lucie County Fire District, Fire Prevention Bureau.
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32 12. All stockpiles shall be constructed and located so as to allow the
33 opportunity to measure the internal temperatures of the land clearing
34 materials in the stockpile in order to monitor fire hazard.
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36 13. All vehicles used on the stockpile shall be of type that minimizes the
37 i compaction of the stockpile.
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39 14. Prior to the issuance of a Certificate of Zoning Compliance, which is
40 required for the conditional use permit to be fully executed, the
41 petitioner shall provide St. Lucie County a cash security fund, bond or
42 provide the County with an irrevocable letter of credit based on the
43 schedule below, to secure the cost of removing all accumulated land
File Number: 1120114360 PDS Order 11-026
November 30, 2011 Page 4
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clearing and yard trash debris from the site if it has been determined
by the County Commission, following a duly noticed public hearing,
combustion facility approved under this conditional use permit has
been abandoned or combustion operations have ceased for a period in
excess of six months, or of the Conditional Use Permit is revoked for
any reason.
Facilit Size Required Securit
5 to 7.5 acres $50,000
7.5 to 12.5 acres $100,000
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15. The Environmental Control Hearing Board shall be the reasonable
enforcement board assuring compliance with the provisions of this
Conditional Use Permit. If the Environmental Control Officer in
consultation with the Planning and Development Services Director and
the County Health Director, determines that the Environmental Control
Hearing Board process would be an inadequate response to a given
violation(s), the Environmental Control Officer may institute appropriate
proceedings in a court of competent jurisdiction for prosecution of the
violation(s) as provided by laws.
16. Prior to the issuance of a Certificate of Zoning Compliance, which is
required for this conditional use permit to be fully executed, the
petitioner shall provide St. Lucie County copies of all the Florida
Department of Environmental Protection permits for the operation of
the air curtain on the subject property.
17. In the event that St. Lucie County is declared a federal disaster area
following or as a result of either hurricane or freeze damage, the
County Commission may suspend any or all the standards above for
the duration of the declared emergency in order to facilitate the
removal of vegetation debris.
B. The property on which the Minor Adjustment applies is limited to the U
(Utilities) zoned portion of land consisting of approximately 5.1 acres on the
parcel legally described as follows:
A parcel of land being a portion of the East '/2 of the East '/2 of the Southwest
'/4 of Section 9, Township 35 South, Range 38 East, St. Lucie County, FL,
said parcel more particularly described as follows:
File Number: 1120114360 PDS Order 11-026
November 30, 2011 Page 5
1 BEGINNING at the intersection of the West line of the East'/2 of the East'/z of
2 the Southwest '/4 of said Section 9 with the South right-of-way line of Orange
3 Avenue, said point being 202.00 feet Southerly of said North line of the
4 Southwest '/4 of Section 9, thence proceed South 00 degrees 11 minutes 01
5 seconds East along said West line a distance of 1480.05 feet; thence South
6 89 degrees 53 minutes 12 seconds East parallel with the South line of said
7 Southwest '/4 of Section 9, a distance of 5.00 feet; thence South 00 degrees
8 11 minutes 01 seconds East, parallel with and 5.00 feet Easterly of said West
9 line of the East '/z of the East '/2 of the East '/2 of the Southwest '/4 of Section
10 9, a distance of 936.00 feet to a point on the North right-of-way line of the
11 North St. Lucie River Water Control District Canal No. 4, said point being
12 39.00 feet Northerly of, when measured perpendicular to, said South line of
13 the Southwest '/4 of Section 9; thence North 89 degrees 53 minutes 12
14 seconds West, parallel with said South line of the Southwest '/4 of Section 9
15 and along said North right-of-way line, a distance of 337.58 feet to a point on
16 the West line of the East '/z of the East '/2 of the Southwest '/4 of Section 9;
17 thence North 00 degrees 10 minutes 50 seconds West along last said line, a
18 distance of 2415.99 feet to a point on the aforementioned South right-of-way
19 line of Orange Avenue, thence South 89 degrees 53 minutes 47 seconds
20 East along said South right-of-way line, a distance of 332.457 feet to the
21 POINT OF BEGINNING. Containing an area of 18.55 acres, more or less.
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23 Parcel ID# 220931100010102
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25 C. The approvals granted by this administrative order shall expire on November
26 30, 2012, unless an updated Certificate of Zoning Compliance is secured
27 within 12 months from the date of approval, or an extension is granted in
28 accordance with the provisions of Section 11.07.05(F) of the St. Lucie Land
29 Development Code.
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31 D. The approval of the Minor Adjustment to the Conditional Use granted under
32 this Development Order is specifically conditioned to the requirement that the
33 petitioner Treasure Coast Land Clearing, Inc., including any successors in
34 interest, shall obtain all necessary development permits and construction
35 authorizations from the appropriate State and Federal regulatory authorities
36 including, but not limited to, the United States Army Corps of Engineers, the
37 Florida Department of Environmental Protection, and South Florida Water
38 Management District, prior to the issuance of any local building permits of
39 authorizations to commence development activities on the property described
40 in Part B.
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42 E. A copy of this Order shall be placed on file with the St. Lucie County Planning
43 and Development Services Director and mailed, return receipt requested to
File Number: 1120114360 PDS Order 11-026
November 30, 2011 Page 6
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the developer and agent of record as identified on the development
application.
F. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same
period as this order. If this order expires or otherwise terminates, the
Certificate of Capacity shall automatically terminate.
G. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 30th day of November, 2011
BY
PLANNING & DEVELOPMENT SERVICES
DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Mark Sat lee, rector
APPROVED AS TO FORM AND
CORRECTNESS
County E
File Number: 1120114360 PDS Order 11-026
November 30, 2011 Page 7
EXHIBITA
CERTIFICATE OF CAPACITY
2300 Virginia Avenue
'_ = Ft. Pierce, FL 34982
CERTIFICATE OF CAPACITY (772,62-2$22
Date: 11 /30/2011
Certificate No. 2882
'This document certifies that concurrency wiii be met and that adequate public facility 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 Minor Adjust.to CU -Yard Waste Recycling
Number of units o Number of square feet
2. Property legal description 8 Tax ID no.
220931100010102
South side of Orange Avenue, west of Sneed Rd
Treasure Coast Land Clearing, Inc.
3. Approval: Building Permit
Resolution No. PDS 11-026 Letter 11!30/11
4. Subject to the following conditions for concurrency:
As per PDS Order 11-026
Owner's name
John Tally, Treasure Coast Land Clearing, Inc.
Address
P.O. Box 1132
Fort Pierce FL 34954
6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the
Development Order. Section 5.08.04(B), St. Lucie County Land Development Code.
This Certificate of Capacity is transferable onty 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
~I _ order(s) issued far the same property, use and size as described herein.
Signed Z~ ~~aV~Y~ ~ (( Date: 11/29/2011
Services Director
Signed ~~~ ~4~'L~~~ ~~i ~ Date: 11129/2011
rrency Review by:
Tuesday, November 29, 2011 Page 1 of 2