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Home My WebLink AboutPDS-14-001 - Thomas Recreation and Music Park, LLCJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3925994 02/17/2014 at 04:10 PM OR BOOK 3604 PAGE 2707 - 2713 Doc Type: ORDN RECORDING: $61.00 PDS Order 14-001 File No.: CUMN 1220134712 AN ORDER OF THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR FOR A MINOR ADJUSTMENT TO THE CONDITIONAL USE PERMIT FOR AN OFF-ROAD VEHICLE PARK AND SPORTING/RECREATIONAL CAMP IN THE AG-5 (AGRICULTURAL - 1 DU/5 ACRE) ZONING DISTRICT KNOWN AS THOMAS RECREATION AND MUSIC PARK, LLC AMENDING RESOLUTION NO. 12-005 AND PDS ORDER 13-010. WHEREAS, the St. Lucie County Planning and Development Services Director reviewed the request for a Minor Adjustment to a Conditional Use Permit on behalf of Thomas Recreation and Music Park, LLC and made the following determinations: 1. On February 7, 2012, the Board of County Commissioners via Resolution No. 12- 005 granted Conditional Use Permit approval of the petition of Thomas Recreation and Music Park, LLC for an off-road vehicle and sporting/recreation camp in the AG-5 (Agricultural - 1 du/5 acre) Zoning District for the property depicted on the attached map in Exhibit "A" and described in Part B below. 2. Staff from Planning, Fire District, Environmental Resources, Public Works and the Sheriff's Office continually monitor each event and perform follow-up meetings to discuss all issues resulting from each event. After each event, Planning staff produces a report outlining issues and steps to be taken to address them. 3. On June 1, 2013, the Planning and Development Services Director via PDS Order 13-010 granted approval for a Minor Adjustment to a Conditional Use Permit that established conditions of approval to reduce and mitigate noise, dust, smoke and traffic impacts to adjacent properties as a result of complaints from previous events. 4. On December 23, 2013, Thomas Recreation and Music Park, LLC requested a Minor Adjustment to the previous approved Conditional Use Permit to reduce the size of the +/-20 acre mud pit to +/-12.7 acres and provide additional mud pits totaling +/-5.7 acres on the property; and establish conditions of approval to mitigate off-site impacts associated with debris, traffic, noise, dust and smoke. 5. Planning staff has performed a detail analysis of this proposed adjustment and has determined it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services Department Memorandum entitled Thomas Recreation and Music Park, LLC -Minor Adjustment to Conditional Use Permit dated January 31, 2014. February 7, 2014 PDS Order No. 14-001 File No.: CUMN 1220134712 Page 1 NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.07.00 of the St. Lucie County Land Development Code, a Minor Adjustment to the Conditional Use Permit for Thomas Recreation and Music Park, LLC is hereby approved for the property described below, subject to the activities/uses depicted on the revised site plan in Exhibit B prepared by Land Design South dated January 30, 2014, and subject to the following conditions: 1. All previous conditions of approval to the subiect property, as contained in Resolution 12-005 and as amended by PDS Order 13- 010 have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval previously established, unless expressly modified herein. 2. Conditions A-1 through A-39 in shall remain unchanged. 3. Condition A-40 is hereby created and shall be incorporated in Resolution No. 12-005 as follows: The promoter shall provide aclean-up crew to pick up trash in the Carlton Road right-of-way from the event site north to Okeechobee Road on a daily basis during the event to prevent the accumulation of trash. This riaht-of-wav shall be clean and debris free by noon Monday after each event. 4. Condition A-41 is hereby created and shall be incorporated in Resolution No. 12-005 as follows: The promoter shall modify the contract with the Sheriffs Office to have a patrol deputy provide constant law enforcement presence monitoring traffic, behavior and other activities on Carlton Road, Okeechobee Road and Ideal Holding Road throughout the course of an event. 5. Condition A-42 is hereby created and shall be incorporated in Resolution No. 12-005 as follows: The promoter shall monitor weather and wind conditions in advance of each event to determine the areas to be most affected during the event. The promoter shall take the necessary steps to organize activities such that noise, dust and smoke emanating from the event are mitigated to the fullest extent possible. February 7, 2014 File No.: CUMN 1220134712 Page 2 PDS Order No. 14-001 6. Condition A-43 is hereby created and shall be incorporated in Resolution No. 12-005 as follows: The promoter shall inspect the directional signaqe along Okeechobee Road on occasion during the event to assure that signaqe remains in place and is visible to discourage traffic on Ideal Holding Road. 7. Condition A-44 is hereby created and shall be incorporated in Resolution No. 12-005 as follows: A highly visible barricade shall be installed to allow fora 25 foot buffer between any mudding area and any existing ditch. At a minimum, orange mesh fencing shall be placed so as to form a continuous barricade between the mud area and the ditch, to ensure that event activities do not encroach within 25 feet of this ditch. Should the orange mesh type fencing fail and breeches or violations occur then the applicant will be required to construct the "typical wood fence detail prior to the subsequent event taking place. B. The property on which this Minor Adjustment to Conditional Use Permit approval is being granted is described as follows: 15/16 36 38 THAT PART OF SECS BOUNDED ON E BY AERO ACRES (PB 27- 14), ON N BY DRAINAGE CANAL #78, ON W BY CARLTON RD AND ON S BY C-24 CANAL (383 AC). C. The applicant is advised as part of this Minor Adjustment to Conditional Use approval for Thomas Recreation and Music Park, LLC including any successors in interest, the developer shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. The conditions set forth in Part A are an integral nonseverable part of the Minor Adjustment approval granted by this Development Order. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and February 7, 2014 PDS Order No. 14-001 File No.: CUMN 1220134712 Page 3 the developer declines to comply voluntarily with that condition, the conditional use approval granted by the Board of County Commissioners shall become null and void. F. A copy of this Order shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed, return receipt requested to the developer and agent of record as identified on the Minor Adjustment to Conditional Use Permit application. G. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective this 7th day February, 2014. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA ~'- ~( , BY Mark Satt rlee, AICP Director APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney February 7, 2014 File No.: CUMN 1220134712 Page 4 PDS Order No. 14-001 Exhibit A Site Location Map ~ N ~ ~I ~ ~ U N U L U ~ a~ ~ °~ = c cn e ~d ~ke ho ec e ~ i ~ a ~ c. ~ ~ ~ j c '~ c 0 i 0 = Cn Q~ Subject property o' ~ ~~ ~ ~a ~ I o~ `~~• o G oe ~a ~~ February 7, 2014 File No.: CUMN 1220134712 Page 5 PDS Order No. 14-001 Exhibit B Site Plan February 7, 2014 File No.: CUMN 1220134712 Page 6 PDS Order No. 14-001 ` ` ~ i A ~` ,r~ y' ~. .. may. - ,~ _. ~ ~- ~~ ~ ~ ~~ .~ r,! s .. ~ . „`y, .n R ~ o s ~ ro9 ` °mp ~~o ~b s ~;>s D 1^mn ~ = m D O ~ I~ ?o> ~> O ~~ D s ; j _ m 8~ 8 ~~o on m m 4 T m o ~ s° m A _ m# o "e t; P sp'~ `n n m °.~ ' ~ r m O 4 ~ to f FQ .o ~ - gn.~ g~ Q ^y J / 4m=~~5 n D ; m ~_ / 1~ ~ o ~ n a z°~~~ ° m I O ti = ~ ~ A O a \\ \ ~ j °z - ~~ ~~ ~ , Is - o ti -"> n4.m n O Z ^{ - O m n n - ~ -a 08° ~ i ~ „~ s£ "~ ~ I= ; - I ~ o~.F ~~s~}Q~ ~ _ f ~ ~ } ~ i8o~Qoh n~ ~ = / I 3 °,~°~y~ "" g F ~_ ~ a - _. _ ~ ~ ~ - !t ~ "~ _°~ ~ ~ ~` ~ a, ~ - ~ , i- -t ¢r r.ak F~ _. a~ r _ .,_ ~e ~ - _ ~r _~p ~t ~ r ., tr,~ V _ ~ k ~ MF _ 4 ~~~~ i _ .r .~. .- W"_ Syr ~ .. -' ~y~,y ill( ~ ~ ' _,..~+li~,~ ~' ~~ -. ~I• OFF ROAD VEHICLE PARK & SPORTING/RECREATION CAMP SITE PLAN PREPARED FOR THOMAS RECREATION AND MUSIC PARK, LLC ST. LUCIE COUNTY, FLORIDA LAN D DESIGN SOUTH Planning Landscape Architecture Env ronmeNOl S ces T a sportaf on