HomeMy WebLinkAbout18-178Resolution 18-178
File No.: CUMj - 420185294
A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO AN EXISTING
CONDITIONAL USE PERMIT FOR CAPRON TRAIL MINE (FKA STEWART
INDUSTRIES/STRAZZULLA BROS, INC.) TO ALLOW FOR THE EXPANSION OF
THE CONDITIONAL USE BOUNDARY OF A MINE IN THE AG -1, (AGRICULTURAL -
1 DU/AC) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED 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 findings in the staff report, has
made the following determinations:
1. Stewart Materials, LLC, presented a petition for a Major Adjustment to an existing
Conditional Use Permit for a mine formerly known as Stewart Ind ustries/StrazzuIla
Bros., Inc. The subject property is located at 13700 Indrio Road, Fort Pierce within
the AG -1 (Agricultural — 1 du/ac) Zoning District as legally described in Paragraph
"B" and depicted on the attached map as Exhibit "A".
2. On March 28, 1989, the Board of County Commissioners adopted Resolution No.
89-87, to allow for the operation of a mine (a sand and materials excavation
project) in the AG -1 zoning district known as Stewart Industries/Strazzulla Bros.,
Inc.
3. St. Lucie County Planning and Development Services staff has performed the
required land use analysis for this application.
4. On October 2, 2018, this Board held a public hearing on the petition, after
publishing a notice of such hearing and notifying by mail all owners of property
within 500 feet of the subject property.
5. The project is consistent with the general purpose, goals, objectives, and
standards of the St. Lucie County Comprehensive Plan and the St. Lucie County
Land Development Code.
6. The 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 project will be operated so as not to interfere with the development and use of
neighboring property, in accordance with applicable district regulations.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4491524 10/16/2018 11:18:38 AM
OR BOOK 4192 PAGE 1578 - 1586 Doc Type: RESO
RECORDING: $78.00
NOW, THEREFORE, BE IT ORDERED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.07.05(E)(2) of the St. Lucie County Land Development
Code, the proposed Major Adjustment to Conditional Use Permit for Capron Trail
Mine (FKA Stewart Industries/ Strazzulla Bros., Inc.) is hereby approved on the
property described in Part B, subject to the following conditions of approval:
1. Within 90 days of project approval, the designated parking area, located at
the scale house, shall be constructed in compliance with the St. Lucie
County Land Development Code, Florida Building Code and the minimum
ADA requirements.
• Provide one (1) handicapped parking space on impervious surface.
• Provide an accessible route from the designated ADA parking space,
to the entrance of the scale house.
• Install a ramp or lift at the front entrance of the scale house.
2. All FLEPPC Category I invasive vegetation shall be removed from within the
mining permit project boundary [LDC Section 7.09.05].
3. Required buffering per Land Development Code 6.06.01.B.1.c.2 shall be
provided along the eastern property boundary between the existing haul
road and the adjacent property boundary if the any commercial or residential
development is approved in the future on the adjacent parcel. Upon such
approval, the applicant shall install the required buffering within 90 days of
the adjacent parcel's development approval.
4. 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.
5. All other applicable state or federal permits must be obtained before
commencement of the development.
B. The property on which this Major Adjustment to an approved Conditional Use
Permit is being granted is described as follows:
Legal Description:
BEING a parcel of land lying and being in Sections 1, 12 and 13, Township 34
South, Range 38 East and Sections 6, 7 and 18, Township 34 South, Range 39
East, St. Lucie County, Florida; and being more particularly described as follows:
BEGINNING at a 4" x 4" concrete monument stamped RLS2391 and being the
Southeast corner of the Northeast'/4 of Section 13, Township 34 South, Range 38
East; thence run S89°57'32"W, along the South line of the said Northeast'/4 of said
Section 13, a distance of 958.34 feet, to the East line of Capron Trail Community
Development District Canal C-4; thence, meandering the said East line of said
Canal C-4, run N00°02'28"W, a distance of 73.34 feet; thence run N63046'05"E, a
distance of 134.50 feet; thence run N51°29'21"E, a distance of 102.44 feet;
thence run N34°42'05"E, a distance of 128.15 feet; thence run N13°59'12"E, a
distance of
191.05 feet; thence run N15°04'02"W, a distance of 196.56 feet; thence run
N22°39'56"W, a distance of 328.00 feet; thence run N19°24'59"E, a distance of
150.52 feet; thence run N04°23'31"E, a distance of 275.86 feet; thence run
N12°52'41"W, a distance of 150.51 feet; thence run N00°37'34"W, a distance of
299.66 feet; thence run N22°26'03"W, a distance of
165.98 feet; thence run N22°02'14"E, a distance of 146.06 feet; thence run
N27047'22"W, a distance of 556.32 feet; thence run N'33007'57"W, a distance of
41.98 feet, to a point on the Section line between Section 12 and Section 13,
Township 34 South, Range 38 East; thence continue N33°07'57"W, a distance of
467.88 feet; thence run N27032'04"W, a distance of
252.24 feet; thence run N21 °06'37W, a distance of 377.47 feet; thence run
N10012'04"W, a distance of 245.32 feet; thence run NO2008'12"W, a distance of
369.25 feet; thence run N04°27'12"E, a distance of 394.24 feet; thence run
NO2°21'55"E, a distance of 717.69 feet; thence run N04°13'32"W, a distance of
584.58 feet; thence run N22°53'37"W, a distance of
385.56 feet; thence run N01 0 43'04"W, a distance of 439.00 feet; thence run
N71 °55'43"W, a distance of 1253.95 feet; thence run N75°44'52"W, a distance of
486.86 feet, to the end of said Canal C-4 and a point on the East line of the Capron
Trail Community Development District North Reservoir; thence, meandering the
East line of said North Reservoir, run N04017'11"E, a distance of 745.17 feet, to a
point on the Section line between Section 1 and Section 12, Township 34 South,
Range 38 East; thence continue N04°17'11"E, a distance of 866.57 feet; thence
run N42°28'36"W, a distance of 189.46 feet; thence run N11 °09'25"W, a distance of
106.49 feet; thence run N01 0 18'06"E, a distance of 185.22 feet; thence run
NO2009'49"W, a distance of 491.19 feet, to the North line of said North Reservoir
and a point on the South line of the Culverhouse parcel, as described in OR Book
828, at Page 524 of the Public Records of St. Lucie County, Florida; thence,
meandering the said Culverhouse parcel, run S71 °52'44"E, a distance of 43.65
feet; thence run S89036'47"E, a distance of 1317.99 feet thence run N00023'13"E,
a distance of 3616.56 feet, to the end of the said Culverhouse parcel and the North
line of Section 1, Township 34 South, Range 38 East; thence run S89°36'47"E,
along the said North line of said Section 1, a distance of 1801.62 feet, to the West
right-of-way line of Interstate 95; thence run S36033'11"E, along the said West
right-of-way line of Interstate 95, a distance of 653.83 feet, to a point on the
Section line between Section 1, Township 34 South, Range 38 East and Section 6,
Township 34 South, Range 39 East; thence continue S36°33'11"E, a distance of
6049.43 feet, to a point on the Section line dividing Section 6 and Section 7,
Township 34 South, Range 39 East; thence continue S36°33'11"E, a distance of
2876.20 feet, to the East line of Section 7, Township 34 South, Range 39 East;
thence run S00020'55"W, along the said East line of Section 7, a distance of
360.46 feet; thence run S00021'32"W, along the said East line of Section 7, a
distance of 2733.09 feet, to the Northeast corner of Section 18, Township 34
South, Range 39 East; thence run S00°10'11"W, along the East line of said Section
18, a distance of 2559.20 feet, to a point 38.00 feet North of the Southeast corner
of the Northeast corner of said Section 18; thence run N89°31'49"W, parallel with
the South line of the said Northeast'/4 of Section 18, a distance of 1356.45 feet;
thence run S00°17'16"W, a distance of 38.00 feet, to the SW corner of the
Southeast'/4 of the Northeast'/4 of said Section 18; thence run S00017'16"W, a
distance of 38.00 feet; thence run N89°31'49"W, a distance of 1356.60 feet; thence
run N00°24'18"E, a distance of 38.00 feet, to the Southwest corner of the
Northeast'/4 of said Section 18; thence run N89031'49"W, a distance of 665.11 feet
to the Southeast corner of the Southwest'/4 of the Southeast'/4 of the Northwest'/4
of said Section 18; thence, meandering the said Southwest'/4 of the Southeast'/4 of
the Northwest 1/4, N00030'10"E, a distance of 659.64 feet; thence run
N89°21'17"W, a distance of 663.99 feet; thence run S00036'00"W, a distance of
661.68 feet, to the Southwest corner of the said Southwest'/4 of the Southeast'/4 of
the Northwest'/4; thence run N89031'49"W, along the South line of the Northwest'/4
of said Section 18, a distance of 1330.22 feet to the POINT OF BEGINNING; all
lying and being in Sections 1, 12 and 13, Township 34 South, Range 38 East and
Sections 6, 7 and 18, Township 34 South, Range 39 East, St. Lucie County,
Florida; and containing 1738.344 acres, more or less.
TOGETHER WITH:
Being a Parcel of land lying and being in Section I, Township 34 South, Range 38
East, St. Lucie County, Florida, and being more particularly described as follows:
COMMENCE at the Northwest Corner of said Section I; thence run S89°36'26"E,
along the North line of said Section I, a distance of 679.35 feet, to the POINT OF
BEGINNING; thence continue S89°36'26"E, a distance of 1979.35 feet, to the
North 1/4 corner of said Section 1; thence run S89°36' 59"E, along the North line of
said Section 1, a distance of 466.05 feet, thence run S00023'01"W, a distance of
3616.56 feet; thence run N89°36'59"W, a distance of 1317.99 feet; thence run
N71002'06"W, a distance of 420.35 feet; thence run S89°18'38"W. a distance of
721.76 feet; thence run N00°15'48"E a distance of 3496.45 feet, to the POINT OF
BEGINNING containing 200 acres, more or less.
TOGETHER WITH an easement for ingress and egress, both pedestrian and
vehicular. over and upon a parcel of land lying and being in Sections 1, 2, 12 and
13, Township 34 South. Range 38 East, St. Lucie County, Florida, and being more
particularly described as follows:
BEING the East 30 feet of the West 117.50 feet of the North 1/2 of said Section 13
AND also BEING the East 30 feet of the West 117.50 feet of said Section 12 and
also BEING the following described Lands:
COMMENCE at a Concrete monument at the Southwest corner of said Section 1;
thence run N89047'14"E, along the South line of said Section 1, a distance of 87.50
feet, to the POINT OF BEGINNING: thence run N00°15'12"E, parallel with the West
line of said Section 1, a distance of
87.51 feet; thence run S89"47'14"W, parallel with the south line of said Section I, a
distance of
87.50 feet, to the common Section line between said Sections 1 and 2; thence run
S89°18'24"W, parallel with the South. line of said Section 2, a distance of 2547.60
feet; thence run N00'1 5'57"E, a distance of 1799.66 feet; thence run N89'1 5'38"E, a
distance of 2547.21 feet, to the common Section line between said Sections 1 and
2; thence run N89°18'38"E, a distance of 85.47 feet; thence run N00015'57"E, a
distance of 88.76 feet; thence run N89'1 8'38"E, a distance of 593.10 feet; thence run
S00°41'22"E, a distance of 30.00 feet ; thence run S89°18'38"W, a distance of
563.60 feet; thence run S00°15'57"W, a distance of
88.76 feet; thence run S89°18'38"W, a distance of 115.47 feet, to the common
Section Line between said Sections 1 and 2; thence run S89°15'38"W, a distance of
2517.21 feet; thence run S00°15"57"W, a distance of 1739.65 feet; thence run
N89°18'24"E, a distance of 2517.59 feet, to the common section line between
Sections 1 and 2; thence run N89047'14"E, a distance of
117.50 feet; thence run S00°15'12"W, a distance of 117.51 feet; thence run
S89°43'49"W, a distance of 30.00 feet to the POINT OF BEGINNING.
Location: 13700 Indrio Road Fort Pierce, FL 34945
Parcel ID#s: 1212-111-0002-000-9
1213-111-0002-000-2
1306-222-0026-000-2
1307-113-0015-000-0
1307-313-0001-000-3
1201-121-0001-000-9
1318-211-0001-000-4
1318-111-0001-000-7
1201-111-0002-000-5
C. The approvals granted by this resolution shall expire within one year, unless a
mining permit incorporating the additional boundary area is secured within 12
months from the date of approval, or an extension is granted in accordance with
the provisions of Section 11.07.05(F) of the St. Lucie County Land Development
Code.
D. The developer is advised as part of this major adjustment approval for Capron
Trail Mine (FKA Stewart Industries/Strazzulla Bros., Inc.) 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 non -severable part of the
Conditional Use Permit approval granted by this resolution. If any condition set
forth in this Resolution is determined to be invalid or unenforceable for any
reason and the developer declines to comply voluntarily with the condition, the
Conditional Use Permit approval granted shall become null and void.
F. This Conditional Use Permit shall be deemed to authorize only the particular use
for which it was issued and shall automatically expire and cease to be of any
force or effect if such use shall, for any reason, be discontinued for a period of
twelve (12) consecutive months.
G. A copy of this Order shall be placed on file with the St. Lucie County Planning &
Development Services Department and mailed to the developer and agent of
record as identified on the application.
H. This order shall be recorded in the Public Records of St. Lucie County.
Resolution No. 18-178
File No.: CUMj: 420185294
Page 6
PASSED AND DULY ADOPTED this 2nd day of October, 2018.
After motion and second, the vote on this resolution was as follows:
Commissioner Frannie Hutchinson, Chair AYE
Commissioner, Linda Bartz, Vice -Chair AYE
Commissioner Chris Dzadovsky AYE
Commissioner Anthony Bonna AYE
Commissioner Cathy Townsend AYE
ATTEST:
DEPUTY
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
File No.: CUMj: 420185294
Page 7
APPROVED AS TO FORM
AND CORRECTNESS:
l /4
COUNTY ATT
Resolution No. 18-178
Exhibit "A"
Location Map
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Resolution No. 18-178
File No.: CUMj: 420185294
Page 8
Exhibit "B"
Site Plan
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MODIFIED SITE PUN
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�� eli t CAPRpI TRAIL MINE
STEW ART MATERIALS, INC,
File No.: CUMj: 420185294
Page 9
Resolution No. 18-178