HomeMy WebLinkAboutPDS-16-045 - BPSC Industries, LLC Recycled Materials Processing FacilityJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4247479 11/10/2016 09:26:10 AM
OR BOOK 3931 PAGE 1510 - 1513 Doc Type: ORD
RECORDING: $35.50
1 PDS ORDER 16-045
2 FILE NO.: BCC 920165058
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AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY
SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED
EXPIRATION DATE TO THE, APPROVED SITE PLAN KNOWN AS
BPSC INDUSTRIES, LLC RECYCLED MATERIALS PROCESSING
FACILITY.
WHEREAS, the Planning and Development Services Director has reviewed the request for
development order extension timely submitted and in accordance with the provisions of Section
252.363, Florida Statues 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 April 18, 2014, the Planning and Development Services Director granted a two year Land
Development Code administrative extension in accordance with Section 11.02.06(B)(4) that
expired on June 5, 2016.
3. On June 29, 2016, Florida Governor Rick Scott, issued Executive Order 16-155 declaring a
60 day State of Emergency for Martin and St. Lucie Counties due to increased number algae
blooms in local waterways as the result of discharges from Lake Okeechobee into the St.
Lucie River and Estuary.
4. On August 29, 2016, Florida Governor Rick Scott, extended Executive Order 16-155 an
additional 60 days through Executive Order 16-204.
5. Section 252.363 Florida Statutes provides that any local, government issued development
order or permit may be extended from the period remaining for the duration of the emergency
declaration plus six months.
6. Section 252.363 Florida Statutes requires that a specific written notice be filed with the issuing
authority within ninety days after the termination of the declaration of emergency. The
applicant applied for this extension on September 8, 2016.
7. Planning Staff performed an analysis of the project and determined that the extension is
consistent with the original St. Lucie County Development Order granting approval. The
analysis is found in the memorandum titled BPSC PNRD Executive Order 16-204 Statutory
Extension, dated October 24, 2016.
BCC 920165058
October 24, 2016
PDS 16-045
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1 NOW, THEREFORE, BE IT RESOLVED by the Planning and Development Services Director of
2 St. Lucie County, Florida:
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4 A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act, the PNRD
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Site Plan approval for the project known as BPSC Industries, LLC Recycled Materials
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Processing Facility has been found to be eligible for an extension. The approval granted
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under this PDS Order is extended for 120 days and 6 months and is now scheduled to
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expire April 3, 2017, for the property described in Part B, is hereby approved with the
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following conditions.
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All previous conditions of approval applicable to the subject property, as contained in the
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above -referenced development orders have been consolidated as contained herein.
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1.
Prior to the issuance of right of way permit, the applicant shall execute a Road
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Improvement Agreement with St. Lucie County and submit a surety bond for the
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proposed public improvements. The amount of surety shall be 115% of the engineer of
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probable cost. The amount of surety shall be approved by the County Engineer and the
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form of surety shall be approved by the County Attorney. A copy of the standard
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"Agreement" can be obtained by visiting the St. Lucie County Public Works department
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web page at: www.stiucieco.org.
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2.
Prior to the issuance of a Certificate of Occupancy, the developer shall construct Center
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Road from the east property line of the subject parcel to St. Lucie Boulevard. Proposed
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road construction shall meet all applicable County and FDOT standards. The final
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construction plans for Center Road shall be approved by the County Engineer.
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3.
Recycling and material handling activities shall be limited to, the following operating
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hours: 6:30 a.m. to 5:30 p.m., Monday through Friday and 6:30 a.m. to 3:30 p.m. on
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Saturday. No recycling and material handling activities shall occur on Sundays, New
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Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and
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Christmas. Activities on site not related to recycling and material handling shall have no
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operating hour restrictions. The County may temporarily suspend or modify the
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operating hour limitations during clean-up and recovery of a declared disaster event.
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4.
The facility may accept all Class I waste, Class III waste and yard trash, as defined by
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Florida Department of Environmental Protection Administrative Rules 62-701, which
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includes but is not limited to; glass, plastic, paper, wood, cardboard, tires, construction
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or demolition debris, ferrous and non-ferrous metals, land . clearing and yard waste.
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Class I and Class III waste does not include hazardous waste, and hazardous waste
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shall not be deliberately accepted on site.
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5.
Stock piles in the yard trash storage areas shall not exceed 30 feet in height from ground
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level. All yard waste materials received into this yard area shall be rotated throughout
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within 12 months of acceptance ad deposition in the yard.
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6.
All recycling activities (with the exception of yard waste), including storage of the
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collected materials, shall be conducted within a building. The reprocessing of the
BCC 920165058 PDS 16-045
October 24, 2016 Page 2
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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.
9. The property owner shall initiate and coordinate afire 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 of the County Attorney.
12'. 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.'
13. The issuance of County development permit does not in any way create any rights on
the part of the applicant to obtain a permit from a state or federal agency and does not
create any ,liability on the part of the County if the applicant fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency 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 agency approval of scrub jay impacts.
14. 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 development order extension is being granted 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 % of the
NE % 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.
BCC 920165058
October 24, 2016
PDS 16-045
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Tax ID#: Part of 1431-130-0000-000/1
C. This PNRD Site Plan statutory extension approval shall expire on April 3, 2017 unless a
building permit is issued and active or an extension has been granted in accordance with
Section 11.02.06, St. Lucie County Land Development Code.
D. The conditions set forth in Part A are an integral non -severable part of the site plan
approval as granted by this extension. 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, this development order extension approval granted by this
resolution shall become null and void.
E. 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.
F. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning
and Development Services Department.
G. This order shall be recorded in the Public Records of St. Lucie County.
This ORDER is effective the 24th day of October, 2016.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FORM
AND CORRECTNESS:
County Attorney
G:\Planning\PROJECT FILES\BPSC Recycling Facility PNRD -\BPSC PNRD Recycling BCC -920165058
BCC 920165058
October 24, 2016
PDS 16-045
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