HomeMy WebLinkAbout12-012JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3684762 03/16/2012 at 10:42 AM
OR BOOK 3371 PAGE 2398 - 2403 Doc Type: RESO
RECORDING: $52.50
RESOLUTION NO. 12-012
FILE NO.: CUMJ 620114292
A RESOLUTION GRANTING A MAJOR ADJUSMENT TO A
CONDITIONAL USE PERMIT FOR A SAND MINING OPERATION IN
THE AG-5 (AGRICULTURAL - 1 DU/5ACRES) ZONING DISTRICT
FOR 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. Guettler Brothers Construction. LLC presented a petition for a Major Adjustment to
a Conditional Use to modify the conditional use boundary and borrow pit phasing
for the sand mining operation known as Guettler Borrow Pit located in the AG-5
(Agricultural - 1 du/5 acres) Zoning District for the property described in Part B,
and attached as Exhibit "A".
2. On June 6, 2006, through Resolution No. 06-049, the St. Lucie County Board of
County Commissioners approved the petition of Guettler & Sons, LLC for a
Conditional Use Permit to allow for a sand mining operation of two borrow pits in
the AG-5 (Agricultural - 1 unit per 5 acres) Zoning District.
3. On August 9, 2007, through Resolution No. 07-010, the Growth Management
Director granted a Minor Adjustment to the Conditional Use Permit for Guettler &
Sons, LLC to change the applicant and agent name to Guettler Brothers
Construction, LLC.
4. On March 6, 2012, the St. Lucie County Board of County Commissioners held a
public hearing on this 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 described below.
5. The proposed Major Adjustment to the Conditional Use Permit is consistent with
the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and
has satisfied the requirements of Section 11.07.05(E)(2) of the St. Lucie County
Land Development Code, subject to the conditions in Part A below.
6. The proposed 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.
7. The proposed adjustment is in substantial conformity to the original approval and
will not have an undue adverse effect on adjacent property, the character of the
File No.: CUMJ 620114292
Resolution No. 12-012
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neighborhood, traffic conditions, parking, utility facilities, or other matters affecting
the public health, safety and general welfare.
8. The applicant has received a Certificate of Capacity, a copy of which is attached to
this order, 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 Guettler Brothers Construction, LLC to allow the
boundary modification and phasing of the sand mining operation in the AG-5
(Agricultural - 1du/5 acres) Zoning District is hereby granted for the property
described below, subject to the following conditions:
The approval granted under this administrative order is specifically
conditioned to the requirement that the petitioner, Guettler Brothers
Construction, LLC, including any successors in interest, shall obtain all
necessary development permits and construction authorizations from the
appropriate State and Federal regulatory authorities including, but not limited
to the United States Army Corps of Engineers, the Florida Department of
Environmental Protection, and the South Florida Water Management District,
prior to the issuance of any local building permits of authorizations to
commence development activities on the property described in Part A.
2. Prior to commencing the mining operation on the property, the applicant shall
be required to obtain an approved mining permit from St. Lucie County that is
consistent with the conditional use permit development order and Sections
6.06.00 and 11.05.11 of the St. Lucie County Land Development Code.
3. There shall be no blasting permitted within the mining operation.
4. Access to the mining operations shall only be from State Road 70 via the
approved haul road. No access to VPI Grove Road is authorized without
submission and approval of a new Conditional Use Permit.
5. The proposed mining operation is reviewed as being restricted to the delivery
of fill material for the State Road 70 widening project. Prior to any use of the
fill material for alternative purposes a modification of the conditional use
permit and traffic analysis is required.
6. The applicant shall provide the Environmental Resources Department-
approved Lake Area Monitoring and Management Plan (LAMMP) with an
attached affidavit, and a cashier's check, payable to the Clerk of the Court for
the appropriate recording fees, to the County Attorney for review and
File No.: CUMJ 620114292
Resolution No. 12-012
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approval within 90 days of conditional use approval or prior to issuance of a
Vegetation Removal Permit or Exemption, whichever comes first.
7. The applicant shall have obtained and provided the Environmental Resources
Department with all required federal and state permits and approvals,
including but not limited to the Environmental Resource Permit, South Florida
Water Management District Water Use Permit, US Army Corps of Engineers
Section 404 Permit, US Fish and Wildlife Service approval, and St. Lucie
County mining permit prior to issuance of a Vegetation Removal Permit or
Exemption. If federal or state agency compliance requires modification to the
mining plans or implementation of conservation measures, the applicant will
promptly modify the plans and submit to St. Lucie County for review and
approval. The County's development approval shall not prevent compliance
with any federal or state agency requirements.
B. The property on which this Conditional Use approval is being granted is described
as follows:
A PARCEL OF LAND LYING OVER AND ACROSS A PORTION OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK
451, PAGE 2950, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA,
AND LYING IN SECTIONS 10 AND 15, TOWNSHIP 36 SOUTH, RANGE 37
EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10;
HENCE NORTH 88°59'46" EAST, ALONG THE SOUTH LINE OF SAID
SECTION 10, A DISTANCE OF 2102.05 FEET TO THE POINT OF
BEGINNING:
THENCE NORTH 31°48'04" WEST, DEPARTING SAID SOUTH LINE OF
SECTION 10, A DISTANCE OF 778.08 FEET; THENCE NORTH 10°13'55"
WEST, A DISTANCE OF 195.27 FEET; THENCE NORTH 16°53'14" WEST,
A DISTANCE OF 126.51 FEET; THENCE NORTH 06°45'01" WEST, A
DISTANCE OF 59.79 FEET; THENCE NORTH 44°34'38" WEST, A
DISTANCE OF 260.60 FEET; THENCE NORTH 23°21'22" EAST, A
DISTANCE OF 56.74 FEET; THENCE NORTH 52°37'05" WEST, A
DISTANCE OF 28.59 FEET; THENCE NORTH 19°09'02" EAST, A
DISTANCE OF 128.44 FEET; THENCE NORTH 69°41'34" EAST, A
DISTANCE OF 55.16 FEET; THENCE NORTH 15°33'53" EAST, A
DISTANCE OF 234.77 FEET; THENCE NORTH 14°26'45" WEST, A
DISTANCE OF 428.80 FEET; THENCE NORTH 15°47'49" WEST, A
DISTANCE OF 365.16 FEET; THENCE NORTH 28°28'47" WEST, A
DISTANCE OF 157.99 FEET TO THE SOUTHERLY RIGHT OF WAY LINE
OF STATE ROAD NO. 70 (OKEECHOBEE ROAD), A VARIABLE WIDTH
RIGHT OF WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 2143,
File No.: CUMJ 620114292
Resolution No. 12-012
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PAGE 1630, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID
POINT BEING A POINT ON A CURVE CONCAVE TO THE SOUTHEAST,
HAVING A RADIUS OF 3689.72 FEET, THE RADIUS POINT OF WHICH
BEARS SOUTH 22°20'57" EAST; THENCE NORTHEASTERLY, ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 °00'37",
A DISTANCE OF 65.05 FEET; THENCE SOUTH 15°47'49" EAST,
DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF
526.50 FEET; THENCE SOUTH 14°26'45" EAST, A DISTANCE OF 505.75
FEET; THENCE SOUTH 22°44'33" EAST, A DISTANCE OF 197.82 FEET;
THENCE SOUTH 00°58'18" WEST, A DISTANCE OF 91.28 FEET; THENCE
SOUTH 18°50'07" WEST, A DISTANCE OF 229.73 FEET; THENCE SOUTH
06°45'01" EAST, A DISTANCE OF 117.91 FEET; THENCE SOUTH
58°24'23" EAST, A DISTANCE OF 180.36 FEET; THENCE SOUTH
88°51'17" EAST, A DISTANCE OF 1680.35 FEET; THENCE SOUTH
23°44'46" EAST, A DISTANCE OF 1179.40 FEET; THENCE SOUTH
48°26'07" WEST, A DISTANCE OF 1479.71 FEET; THENCE NORTH
31°48'04" WEST, A DISTANCE OF 1422.19 FEET TO THE POINT OF
BEGINNING.
Containing 68.09 acres, more or less.
Location: South side of State Road 70, approximately 1,500 feet east of VPI
Grove Road and four miles west of the C-24 Canal.
Parcel Nos.: Part of 3115-111-0001-0000 and 3110-114-0040-0009.
C. The approvals and authorizations granted by this Resolution are for the purpose of
obtaining permits on this property and shall expire on March 6, 2013, unless the
developer has obtained a mining permit approval 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.
D. The Certificate of Capacity Exemption granted by the Growth Management Director
on August 6, 2007 shall remain valid for the period of this development order. If
this order expires or otherwise terminates, the Certificate of Capacity Exemption
shall automatically terminate.
E. The St. Lucie County Planning & Development Services Director is hereby
authorized and directed to cause the notation of this resolution to be made on the
Official Zoning Map of St. Lucie County, Florida, and to make notation of reference
to the date of adoption of this resolution.
File No.: CUMJ 620114292
Resolution No. 12-012
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After motion and second, the vote on this resolution was as follows:
Chris Dzadovsky, Chairman AYE
Tod Mowery, Vice Chairman AYE
Commissioner Paula A. Lewis AYE
Commissioner Frannie Hutchinson ABSTAINED
Commissioner Chris Craft AYE
PASSED AND DULY ADOPTED this 6th Day of March, 2012.
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File No.: CUMJ 620114292
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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APPROVED AS TO FORM
AND/QORRECTNESS
County
Resolution No. 12-012
Page 5
EXHIBIT "A"
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CUMJ-620114292 zoning
Guettler Borrow Pit
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File No.: CUMJ 620114292
Resolution No. 12-012
Page 6