HomeMy WebLinkAboutPDS-14-013 - BPSC Industries, LLC Recycled Materials Processing Facility - Two Year ExtensionJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3947487 04!24/2014 at 08:37 AM
OR BOOK 3624 PAGE 1964 - 1969 Doc Type: ORD
RECORDING: $52.50
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PDS 14-013
FILE NO.: BCC 120144725
AN ORDER GRANTING A TWO-YEAR LAND
DEVELOPMENT CODE ADMINISTRATIVE EXTENSION TO
SITE PLANS PROVIDED BY SECTION 11.02.06(B)(4) TO
THE SCHEDULED EXPIRATION DATE TO THE
PREVIOUSLY APPROVED PLANNED NON RESIDENTIAL
DEVELOPMENT SITE PLAN FOR THE PROJECT KNOWN
AS BPSC INDUSTRIES, LLC RECYCLED MATERIALS
PROCESSING FACILITY.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the request for development order administrative extension timely submitted and in
accordance with the provisions of Section 11.02.06(6)(4) of the St. Lucie County Land
Development Code by Engineering Design & Construction, Inc. on behalf of BPSC Industries,
LLC and has made the following determinations:
1. On June 5, 2012, the Board of County Commissioners granted approval through
Resolution No. 12-016, for the project known as BPSC Industries, LLC Recycled
Materials Processing Facility. The project consists of 86,626 square feet of buildings,
a 50,000 square foot yard trash storage area and a 144 square foot scale house on
20.95 acres located on the south side of Center Road within the PNRD (Planned Non
Residential Development) Zoning District.
2. On December 17, 2013 the St. Lucie County Board of County Commissioners adopted
Ordinance 2013-43 amending the text of the Land Development Code to provide for a
two year administrative extension of approved site plans.
3. The amendment provides that in recognition of the real estate market conditions, any
local government issued site plan that has an expiration date of January 1, 2013
through December 31, 2014, may be eligible to be extended and renewed for a period
of two (2) years following its date of expiration.
4. The amendment further provides that for all site plans due to expire after February 27,
2014, the request for the Land Development Code extension must be made in writing
prior to the scheduled expiration date, identify the specific authorization for which the
extension is requested, the intended use of the extension and the anticipated time
frame for acting on the authorization. The applicant submitted the request for an
administrative extension on February 4, 2014.
5. Further, pursuant to Section 11.02.06, the request for the Land Development Code
administrative extension must be reviewed by Planning and Development Services
File No.: BCC 1 20 1 44725
April 18, 2014
PDS 14-013
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Department, Environmental Resources Department and found not to be in significant
noncompliance with the original St. Lucie County development order granting
approval.
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6. Planning Staff and Environmental Resources Department has performed a detailed
analysis of the project and determined the administrative extension is consistent with
the St. Lucie County Land Development Code and Comprehensive Plan. The analysis
is found in the memorandum titled BPSC PNRD Administrative Extension, dated April
16, 2014.
NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Planning and Development
Services of St. Lucie County, Florida:
A. Pursuant to Section 11.02.06(6)(4) of the St. Lucie County Land Development Code,
the Planned Non Residential Development Site Plan, approved through Resolution No.
12-016, is hereby granted an extension for a period of two years from its last
scheduled date of expiration, June 5, 2014 and shall now expire June 5, 2016, for the
property described in Part B, is hereby approved with the following conditions:
1. All previous conditions of approval applicable to the subiect property as contained in
Resolution No. 12-016 have been consolidated as contained herein. The property
owner shall comply with all previous conditions of approval and deadlines
established by Chapter 11 of the Land Development Code and the Board of County
Commissioners. unless expressly modified herein.
2. Condition A-1 of Resolution No. 12-016 remains:
Prior to the issuance of 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 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" can be obtained by visiting the St. Lucie County Public Works
department web page at: www.stlucieco.orq.
3. Condition A-2 of Resolution No. 12-016 remains:
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.
File No.: BCC 120144725
April 18, 2014
PDS 14-013
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4. Condition A-3 of Resolution No. 12-016 remains:
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
Year's 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.
5. Condition A-4 of Resolution No. 12-016 remains:
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.
6. Condition A-5 of Resolution No. 12-016 remains:
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 ad deposition in the yard.
7. Condition A-6 of Resolution No. 12-016 remains:
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.
8. Condition A-7 of Resolution No. 12-016 remains:
No material shall be buried or burned on site.
9. Condition A-8 of Resolution No. 12-016 remains:
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.
File No.: BCC 120144725
April 18, 2014
PDS 14-013
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10. Condition A-9 of Resolution No. 12-016 remains:
The property owner shall initiate and coordinate afire prevention inspection on an
annual basis with the St. Lucie County Fire district, Fire Prevention Bureau.
11. Condition A-10 of Resolution No. 12-016 remains:
There shall be no junked or wrecked vehicles on site. All vehicles must be operable
and currently licensed.
12. Condition A-11 of Resolution No. 12-016 remains:
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 of the
County Attorney.
13. Condition A-12 of Resolution No. 12-016 remains:
A petition of 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 Resolution No. 12-016.
14. Condition A-13 of Resolution No. 12-016 remains:
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. 150/5200-336 to assure
compliance with wildlife management requirements.
15. Condition A-14 of Resolution No. 12-016 is hereby amended fer~aias:
File No.: BCC 120144725
April 18, 2014
PDS 14-013
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The issuance of County development permit does not in anv way create anv rights
on the part of the applicant to obtain a permit from a state or federal agencv and
does not create anv liability on the part of the Countv if the applicant fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agencv or
undertakes actions that result in a violation of state or federal law. All other
applicable state or federal permits must be obtained before commencement of the
development including but not limited to state and federal agencv approval of scrub
lay impacts.
16. The following condition is hereby added:
Prior to the issuance of a Vegetation Removal Permit or Exemption the applicant shall
provide the St. Lucie County Environmental Resources Department with an updated
Environmental Impact Report (EIR).
B. The property on which this administrative extension is being approved is described
as follows:
The west 795.1 feet of the south 1,167.5 feet of the north 1,217.5 feet of the SW Ya of
the NE '/4 of the 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.
C. This Planned Non Residential Development Site Plan approval administrative
extension shall expire on June 5, 2016, unless building permit has been issued for
construction or an extension has been granted in accordance with Section 11.02.06,
St. Lucie County Land Development Code.
D. The Certificate of Capacity granted by the Planning and Development Services
Director shall remain valid for the period of this development order. If this order
expires or otherwise terminates, the Certificate of Capacity shall automatically
terminate.
E. The conditions set forth in Part A are an integral non-severable part of the site plan
approval as granted by this administrative extension. If any condition set forth in the
resolution 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 order shall become null and void.
F. A copy of this administrative extension shall be placed on file with the St. Lucie County
Planning and Development Services Director.
File No.: BCC 120144725
April 18, 2014
PDS 14-013
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G. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 18th day of April, 2014.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
i
BY
Mark Satt ee, AICP, Director
APPROVED AS TO FORM
AND CORRECTNESS:
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County Atto~
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File No.: BCC 120144725
April 18, 2014
PDS 14-013
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