HomeMy WebLinkAbout12-016RESOLUTION NO. 12-016
File Number: PNRD 720114309
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, FOR AN AMENDMENT TO THE OFFICIAL
ZONING ATLAS FROM IL (INDUSTRIAL, LIGHT) TO PNRD (PLANNED NON
RESIDENTIAL DEVELOPMENT), AND PRELIMINARY AND FINAL
PLANNED NON RESIDENTIAL DEVELOPMENT SITE PLAN APPROVAL
FOR THE PROJECT KNOWN AS BPSC INDUSTRIES, LLC RECYCLED
MATERIALS PROCESSING FACILITY ON CERTAN LAND 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. BPSC Industries LLC, presented a petition for an Amendment to the Official
Zoning Atlas from the IL (Industrial, Light) to the PNRD (Planned Non
Residential Development) Zoning District, and Preliminary and Final Planned
Non Residential Development Site Plan for a recycled materials processing
facility consisting of 86,626 s. f. of buildings, a 50,000 s. f. yard trash storage
area and a 144 s. f. scale house for certain property in St. Lucie County,
Florida as depicted on the attached map as Exhibit "A" and described in Part
"B" below.
2. On April 19, 2012, the St. Lucie County Planning and Zoning Commission
. held a public hearing on the petition after publishing a notice of such hearing
in the St. Lucie News Tribune and notifying by mail all property owners within
500 feet of the property boundaries at least 10 days prior to the hearing, and
recommended the Board of County Commissioners approve the subject
petition, for the property depicted on the attached map as Exhibit "A" and
described in Part "B" below.
3. On June 5, 2012, this Board held a public hearing on the petition of BPSC
Industries, LLC for an Amendment to the Official Zoning Atlas from the IL
(Industrial, Light) to the PNRD (Planned Non Residential Development)
Zoning District, and Preliminary and Final Planned Non Residential
Development Site Plan for the project known as BPSC Industries, LLC
Recycled Materials Processing Facility after publishing a notice of such
hearing in the St. Lucie News Tribune and notifying by mail all property
owners within 500 feet of the subject property.
4. The St. Lucie County Development Review Committee has reviewed the
Amendment to the Official Zoning Atlas from the IL (Industrial, Light) to the
PNRD (Planned Non Residential Development) Zoning District, and Planned
June 5, 2012 Resolution No. 12-016
Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT File No.: PNRD 720114309
SAINT LUCIE COUNTY
FILE # 3719158 O6~y7~2012 at 03:43 pM
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RECORDING: $69.50
Non Residential Development Preliminary and Final Site Plan for the
proposed project and found it to meet or exceed all technical requirements
and to be consistent with the Future Land Use Map of the St. Lucie County
Comprehensive Plan, subject to the conditions set forth in Part A of this
Resolution.
5. The proposed project is consistent with the general purpose, goals, objectives
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.
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. All reasonable steps have been taken to minimize any adverse effect of the
proposed project on the immediate vicinity through building design, site
design, landscaping and screening.
8. The proposed 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.
9. The proposed project will be served potable water and wastewater services by
Fort Pierce Utilities Authority.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida:
A. Pursuant to Section 11.02.05(8) of the St. Lucie County Land Development Code,
the Planned Non Residential Development Preliminary and Final Site Plan for the
project known as BPSC Industries, LLC Recycled Materials Processing Facility is
hereby approved as shown on the site plan drawings for the project prepared by
EDC, Inc. dated February 24, 2012, and date stamped received by the St. Lucie
County Planning & Development Services Department on June 12, 2012, subject to
the following conditions:
1. Prior to the issuance of a right of way permit, the applicant shall execute a
Road Improvement Agreement with St. Lucie County and submit a surety
for the proposed public improvements. The amount of surety shall be
115% of the engineer's estimate of probable cost. The amount of surety
shall be approved by the County Engineer and the form of surety shall be
approved by the County Attorney. A copy of the standard "Agreement"
June 5, 2012 Resolution No. 12-016
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can be obtained by visiting the St. Lucie County Public Works Department
web page at: www.stlucieco.org.
2. Prior to the issuance of a Certificate of Occupancy, the developer shall
construct Center Road from the east property line of the subject parcel to
St. Lucie Boulevard. Proposed road construction shall meet all applicable
County and FDOT standards. The final construction plans for Center Road
shall be approved by the County Engineer.
3. Recycling and material handling activities shall be limited to the following
operating hours: 6:30 a.m. to 5:30 p.m., Monday through Friday and 6:30
a.m. to 3:30 p.m. on Saturday. No recycling and material handling
activities shall occur on Sundays, New Years Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving and Christmas. Activities on
site not related to recycling and material handling shall have no operating
hour restrictions. The County may temporarily suspend or modify the
operating hour limitations during clean-up and recovery of a declared
disaster event.
4. The facility may accept all Class I waste, Class III waste and yard trash,
as defined by Florida Department of Environmental Protection
Administrative Rules 62-701, which includes but is not limited to; glass,
plastic, paper, wood, cardboard, tires, construction or demolition debris,
ferrous and non-ferrous metals, land clearing and yard waste. Class I and
Class III waste does not include hazardous waste, and hazardous waste
shall not be deliberately accepted on site.
5. Stock piles in the yard trash storage areas shall not exceed 30 feet in
height from ground level. All yard waste materials received into this yard
area shall be rotated throughout within 12 months of acceptance and
deposition in the yard.
6. All recycling activities (with the exception of yard waste), including storage
of the collected materials, shall be conducted within a building. The
reprocessing of the collected materials into any other product, by product
or other use or form is prohibited.
7. No material shall be buried or burned on site.
8. Through the use of sprinklers and other air quality control techniques, the
facility shall be operated and maintained so as to control dust and
emission of particulates off-site.
June 5, 2012
Page 3
Resolution No. 12-016
File No.: PNRD 720114309
9. The property owner shall initiate and coordinate a fire prevention
inspection on an annual basis with the St. Lucie County Fire District, Fire
Prevention Bureau.
10. There shall be no junked or wrecked vehicles on site. All vehicles must be
operable and currently licensed.
11. Prior to the issuance of a Certificate of Occupancy, the property owner
shall establish a cash security fund, bond or provide the County with an
irrevocable letter of credit in the amount of $50,000 to secure the cost of
removing all accumulated land clearing and yard trash once the business
has ceased to recognize the approval of Resolution No. 12-016 on the
same property. Said security shall be submitted to the Planning and
Development Services Department, for review and approval by the County
Attorney.
12. A petition for a site plan adjustment to the BPSC Industries, LLC major
site plan that was approved by the Board of County Commissioners on
January 5, 2010 via Resolution No. 10-008 shall be submitted to the
Planning and Development Services Department within 60 days of PNRD
site plan approval to indicate the area of the site granted PNRD approval
through this resolution.
13. The owner/operator of the facility shall comply with all applicable Federal
Aviation Administration (FAA) requirements, specifically the standards,
practices, and recommendations contained in Advisory Circular No.
150/5200-33B to assure compliance with wildlife management
requirements.
14. Prior to the issuance of a Vegetation Removal Permit or Exemption copies
of any required federal and state permits and approvals, including but not
limited to Florida Fish and Wildlife Service review of scrub jay impacts,
shall be provided to the Environmental Resources Department. If federal or
state agency compliance requires modification to the development plans,
the applicant will modify the plans and submit to St. Lucie County for
review and approval. The County's development approval process or
requirements shall not be used to prevent compliance with any federal or
state agency requirements.
B. The property on which this site plan approval is being granted is described below:
LEGAL DESCRIPTION:
June 5, 2012 Resolution No. 12-016
Page 4 File No.: PNRD 720114309
The west 795.1 feet of the south 1167.5 feet of the north 1217.5 feet of the
southwest '/4 of the northeast'/< of Section 31, Township 34 South, Range 40 East;
excepting therefrom rights-of-way for drainage canals and public roads.
Less and excepting the north 10.00 feet.
Containing 20.95 acres.
Parcel Identification Number: The easternmost portion of 1431-130-0000-010/0.
C. This Planned Non Residential Development Preliminary and Final Site Plan
approvals shall expire on June 5, 2014 unless an extension is granted in
accordance with Section 11.02.06(8)(3), St. Lucie County Land Development Code,
or a Major Adjustment to the Final PNRD Site Plan is granted.
D. Any modification to the approved PNRD Preliminary and Final Site Plan described in
Part A shall be in accordance with Section 11.02.05, St. Lucie County Land
Development Code. Any adjustment that is considered a Major Adjustment shall be
granted only with approval by the Board of County Commissioners after a public
hearing.
E. The Preliminary and Final Planned Non Residential Development Site Plan
approvals granted under this Resolution are specifically conditioned to the
requirement that the petitioner, BPSC Industries, LLC, including any successors or
assigns 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 Stated Army Corp of Engineers, the Florida
Department of Environmental Protection, Fort Pierce Utilities Authority and the
South Florida Water Management District, prior to the issuance of any local building
permits or authorizations to commence development activities on the property
described in Part B.
F. The conditions set forth in Part A are an integral non-severable part of the site plan
approval granted by this Resolution. If any condition set forth in Part A is
determined to be invalid or unenforceable for any reason and the developer declines
to comply voluntarily with that condition, the site plan approval granted by this
resolution shall become null and void.
G. A Certificate of Capacity, a copy of which is attached hereto as Exhibit B and made
a part hereof the Resolution, was granted by the Planning & Development Services
Department Director on February 29, 2012.
H. The St. Lucie County Director of Planning & Development Services shall be
authorized to amend the Official Zoning Map to change the zoning of the parcel
herein described, from the IL (Industrial, Light) Zoning District to the PNRD (Planned
June 5, 2012 Resolution No. 12-016
Page 5 File No.: PNRD 720114309
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Non Residential Development) Zoning District, and to make notation of the
reference to the date of adoption of this resolution.
I. A recorded copy of this Resolution shall be attached to the site plan drawings
described in Part A, which plan shall be placed on file with the St. Lucie County
Planning & Development Services Department Director.
J. ADOPTION
After motion and second, the vote on this resolution was as follows:
Tod Mowery, Chairman AYE
Paula Lewis, Vice-Chair AYE
Chris Craft, Commissioner AYE
Frannie Hutchinson, Commissioner AYE
PASSED AND DULY ADOPTED this 5th day of June, 2012.
ATTEST:
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June 5, 2012
Page 6
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
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~ COUNTY ATTORNEY
Resolution No. 12-016
File No.: PNRD 720114309
EXHIBIT "A"
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LOCATION MAP
PNRD-720114309 zoning
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June 5, 2012
Page 7
Resolution No. 12-016
File No.: PNRD 720114309
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2300 Virginia Avenue
CERTIFICATE OF CAPACITY Ft.(P72) 462 2822 82
Date: 2/2912012 Certificate No.
This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the
standards for levels of service as adopted in the St Lucie County Comprehensive Plan for:
1. Type of development BPSC Industries LLC Recylcing Facility
Number of units 1~~~~~~ '~~ Number of square feet
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4. Subject to the following conditions for concurrency:
Per Resolution No, 12-0i6.
~ e'i e i i~ ~ i:;,yt ,v~x~.~ '.:~~k"I q~,~'.*~=~ rx '~ ~r~a'~i ? ~TM'~~-~~ ~i ,~ ~c ~ n ~~r i~r'~,'~~- ~ ~ ~ °~fi~~° s~tral~ 3~.~~ '^ ~a~M;
~ "~ "m ai i ,ra ~ I,.,~~~h ~i~4 ,.~a. a ~~~~~-u :-;~ ~b ai:`~~~i ~ t ~r^~~~~'~`~--~'k ~.+~~ ~~zxca ~~`- "~ as #.~`"~r~~~ itLi ~ = ~" ~~ "~ ~.~',
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Owner's name
s::
BPSC lndust~ies, LLC
Address
3180 Fairlane Farms Road
Wellington.: FL ~ ~.
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 only 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
order(s) issued for the same property, usP and size as described herein.
__
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St Lucie County, Florid
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Signed n ~O~ ~~~
one rency Review by:
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