HomeMy WebLinkAboutPDS-14-037 - Thomas Recreation and Music Park, LLCJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3975058 07/15/2014 a108:18 AM
OR BOOK 3652 PAGE 958 - 962 Doc Type: ORD
RECORDING: $44.00
I'uS ORDER 14-037
File No.: CU 1120114365
AN ORDER OF THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR
REVOKING 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
WHEREAS, the Planning and Development Services Director of St. Lucie County,
Florida based on evidence, including but not limited to the post-event reports to the
Board of County Commissioners, has made the following determinations:
1. On February 7, 2012, the Board of County Commissioners adopted Resolution
No. 12-005 for Conditional Use Permit approval of the petition of Thomas
Recreation and Music Park, LLC that allows for a maximum of three (3) off road
vehicle and two (2) recreational sporting camp events per calendar year with an
expiration date of December 31, 2016.
2. On June 1, 2013, the Planning and Development Services Director granted PDS
Order 13-010 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.
3. On February 7, 2014, the Planning and Development Services Director granted
PDS Order 14-001 for a Minor Adjustment to a Conditional Use Permit that
reduced the size of the +/-20 acre mud pit to +/-12.7 acres and provided
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.
4. On May 1, 2014, the Board of County Commissioners decided not to schedule a
Conditional Use Permit revocation hearing. The Board agreed to allow the
petitioner a final event based upon agreements to self-revoke the Conditional
Use Permit after the June, 2014 event. Furthermore, the petitioner agreed to
several additional conditions before the Board for allowing the final event.
5. Pursuant to Section 11.07.05(H) of the Land Development Code -Revocation of
Conditional Use Permit, the permittee, Thomas Recreation and Music Park, LLC
provided consent to the Planning and Development Services Director in a letter
dated March 2, 2014 to revoke a previously approved Conditional Use Permit
petition for an off-road vehicle park and sporting/recreational camp in the AG-5
(Agricultural - 1 du/acre) Zoning District on approximately +/-383 acres of
July 8, 2014 PDS Order 14-037
File No.: CU 1120114365
Page 1
property depicted in the attached map in Exhibit "A" and described in Part B
below.
FINDINGS OF FACT
Based on the evidence in the post event memorandums, including agreements made
with the Board at the May 1, 2014 meeting, the Planning and Development Services
Director finds that the permittee of the Conditional Use Permit to be in violation of
following conditions as noted as noted in Resolution No. 12-005 (as amended) and
agreements for the following off-road mudding events:
February 21-23, 2014 Event Violations
1. Failure to conduct uses/activities in accordance with the approved Site Plan by'
expanding and providing new mud pit areas that were not previously approved
(Condition A-1 ).
2. Failure to comply with the County's Noise Ordinance (Condition A-3).
3. On-site security failed to continuously monitor the minimum 750-foot buffer as
there was visual evidence that the buffer fence was breached (Condition A-6).
4. Failure to remove debris from the property within 48-hours after the event.
Debris was observed on the property up to 10 days after the event (Condition A-
7).
5. Impacts to five wetlands (Conditions A-22, A-25 and A-44).
6. Two native cabbage palms were damaged and are required to comply with
replacement requirements (Condition A-29).
7. Failure to implement and enforce the "quiet time" or curfew, between the hours of
2:00 a.m. and 6:00 a.m., thus resulting in noise violations (Condition A-36).
June 20-22, 2014 Event Violations
1. Failure to comply with the County's Noise Ordinance (Condition A-3).
2. Failure to implement and enforce the "quiet time" or curfew, between the hours of
12:00 (midnight) and 6:00 a.m., thus resulting in a noise violation (as agreed to
with the Board at the May 1, 2014 meeting).
3. Failure to construct the "typical wood fence" detail adjacent to two wetlands
(wetlands #4 and #6) prior to the event to prevent wetland encroachments (as
agreed to with the Board at the May 1, 2014 meeting).
4. Failure to limit the number of attendees to 6,000 to minimize adverse impacts to
adjacent properties (as agreed to with the Board at the May 1, 2014 meeting).
5. Vehicular encroachments into all South Florida Water Management District
ditches (Condition A-22).
EVIDENCE OF ADVERSE EFFECT ON ADJACENT PROPERTIES
The following evidence or proof of adverse impact on adjacent properties is as follows:
July 8, 2014 PDS Order 14-037
File No.: CU 1120114365
Page 2
1. Post event staff memorandums to the Board of County Commissioners (April 5,
2012 through July 3, 2014) on file in the Planning and Development Services
Department and as listed in Exhibit B.
2. Complaints on record that have been filed from adjacent property owners
pertaining to noise, dust, traffic, trespassing, smoke, and debris.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT ORDERED consistent with the findings of fact listed above
and the evidence of adverse effect on adjacent properties, the following are conclusions
of law:
A. Pursuant to Section 11.07.05(H) -Revocation of Conditional Use Permit, of the
Land Development Code, the Conditional Use Permit for Thomas Recreation and
Music Park, LLC is hereby void with a revocation date of July 8, 2014, on the
property described in Part B
B. The subject property 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).
Parcel Identification Number: 3215-312-0001-000-4
C. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective this 8th day of July, 2014.
PLANNING & DEVELOPMENT SERVICES
DIRECTOR
ST. LUCIE CO TY, FLORIDA
BY
Mark Satterle , AI
APPROVED AS TO FORM
AND CORRECTNESS:
BY
July 8, 2014
File No.: CU 1120114365
Page 3
ru5 vroer ~4-u;s7
Exhibit A
Site Location Map
-~
~. _
----
°' .~
~:
o
_~
Subjec#
property
~;
~! _ _ _
v+
~~
E!
~,
a~
a~5;' I ~
~~~ j
C?,;
July 8, 2014
File No.: CU 1120114365
Page 4
PDS Order 14-037
Exhibit B
Post Event Staff Memorandums to BOCC
• April 5, 2012
• July 10, 2012
• October 23, 2012
• March 15, 2013
• July 22, 2013
• October 23, 2013
• March 24, 2014
• July 3, 2014
July 8, 2014
File No.: CU 1120114365
Page 5
PDS Order 14-037