HomeMy WebLinkAbout21-302MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4944183 10/27/2021 03:26:52 PM
OR BOOK 4710 PAGE 2672 - 2682 Doc Type: RESO
RECORDING: $95.00
RESOLUTION 2021-302
File No. CU 6202025773
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY FOR A CONDITIONAL USE PERMIT TO
DEVELOP A LAND CLEARING AND YARD TRASH RECYCLING
OPERATION WITH MULCHING ON THE SOUTHWEST 5 ACRES OF
THE SUBJECT 18.38 ACRE PROPERTY, WITHIN THE U (UTILITIES)
ZONING DISTRICT 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. Richard Sampson, Lucky 13 Holdings, LLC, presented a petition for a Conditional
Use Permit to develop a land clearing and yard trash recycling operation with
mulching in the U (Utilities) Zoning District for a 5-acre subset of the property
located at 21001 Orange Avenue, Fort Pierce, as legally described in Paragraph
C and depicted on the attached map as Exhibit "A".
2. On May 20, 2021, the St. Lucie County Planning and Zoning Commission held a
public hearing on the petition, after publishing notice in the St. Lucie News
Tribune at least 10 days prior to the hearing, installing a sign on the property and
notifying by mail all owners of property within five hundred (500) feet of the
subject property. The Planning and Zoning Commission unanimously voted to
forward a recommendation of approval to the Board of County Commissioners.
3. On July 6, 2021, the Board of County Commissioners held a public hearing on
the petition, after publishing notice in the St. Lucie News Tribune at least 10 days
prior to the hearing, installing a sign on the property and notifying by mail all
owners of property within 500 feet of the subject property, at which all interested
persons were given an opportunity to be heard.
4. On July 6, 2021, the Board of County Commissioners approved a Major Site Plan
to be known as Sampson Tree Service.
5. All reasonable steps have been taken to minimize any adverse effect of the
proposed conditional use on the immediate vicinity through site design,
landscaping screening.
6. The proposed Conditional Use, with conditions therein, 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.
Sampson Tree Service Resolution No. 2021-302
File No.: CU-6202025773 Page 1
7. A Certificate of Capacity, a copy of which is attached to this resolution, was
granted by the Planning and Development Services Director.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. The foregoing findings are hereby approved and adopted by the Board of County
Commissioners of St. Lucie County, Florida:
B. Pursuant to Section 11.07.00 of the St. Lucie County Land Development Code,
the Conditional Use Permit for the project to be known as Sampson Tree Service
for a land clearing and yard trash recycling operation with mulching, as shown on
the drawings for the project prepared by Engineering Design & Construction, Inc.,
revised through June 3, 2021, and date stamped received by the Planning and
Development Services Department on June 3, 2021, is hereby approved, for the
subject property described in Paragraph C, subject to the following conditions:
Planning Department
1) The applicant shall use best practices for safe handling and reporting
procedures for spillage and runoff of the respective material.
Supplemental Standards (LDC Section 7.10.12)
2) The business operation authorized under this conditional use permit shall
be limited to the short-term storage and processing of land clearing debris
generated from land clearing operations, including mulching, as defined
below:
a. Land Clearing Debris means uprooted or cleared vegetation
resulting from a land clearing operation.
b. Land Clearing Operation means the clearing of vegetation in
connection with construction for buildings and rights -of -way,
residential or industrial development, mineral operations, or the
clearing of vegetation to enhance property value and aesthetics.
The removal and destruction of shade trees due to storm or insect
damage is included as a land clearing operation.
3) The total site area devoted to the storage, processing and mulching of the
collected land clearing debris shall be limited to the U (Utilities) zoned
portion of land consisting of 5-acres on the parcel legally described in Part
C.
4) The processing yard, including all product -receiving areas, shall be
surrounded by a fence, wall, or opaque vegetative screen, eight (8) feet in
height. Such fence or wall shall be of similar composition, construction,
Sampson Tree Service Resolution No. 2021-302
File No.: CU-6202025773 Page 2
and color throughout and shall be constructed without openings, except for
one (1) entrance and one (1) exit; the entrance and exit shall be
equipped with unpierced gates. Such gates shall be closed and securely
locked at all times, except during business hours when personnel are
onsite.
5) Maintenance of the fence, wall or opaque vegetative screening shall be the
responsibility of the property owner consistent with the other provisions of
the St. Lucie County Land Development Code.
6) All sides of each individual debris storage (stockpile) areas shall be
accessible by means of fire lanes. Fire lanes shall be a minimum of 1'/2
times the height of the pile, but in no case shall the fire lane be less than
20 feet in width. A minimum 100-foot wide clear space shall be provided
between every two (2) debris storage piles and there shall be 100-foot wide
fire lane at the end of each storage or stockpile, regardless of overall
length. Figure 7-29 as found in the St. Lucie County Land Development
Code, generally depicts the layout of the debris storage stockpile areas.
7) The maximum height of any one storage stockpile shall not exceed 30 feet.
The maximum length and width shall be in accordance with the Site Plan.
8) An area equal to 15% of the total area occupied by the debris storage areas
(stockpiles) shall be reserved for the emergency relocation of the stored
materials should it be necessary for firefighting purposes. This emergency
storage area may not include any of the required minimum setbacks or
separation corridors for the debris storage areas (stockpiles). This
emergency storage area shall be adequately served with access to fire
suppression resources, consistent with this code.
9) The total site area that may be covered with the debris storage areas
(stockpiles), excluding the emergency stockpile areas, shall not exceed
60% of the gross area of the project site.
10) Individual stockpiles shall be located at least one hundred (100) feet from
any brush or tree line and shall be no closer than fifty (50) feet to any
property line or street right-of-way line.
11) All materials received into this recycling facility shall be rotated through the
process within 2 months of the acceptance and deposition.
12) Prior to the issuance of any Certificate of Zoning Compliance, the
petitioner shall submit a copy of Fire Prevention Plan for the recycling
operation that has been approved by the St. Lucie County Fire District, Fire
Prevention Bureau. This fire prevention plan shall, at a minimum, address all
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File No.: CU-6202025773 Page 3
requirements and recommendations of NFPA 46, Recommended Safe
Practice for Storage of Forest Products.
13) The petitioner, including any assigns, shall submit to an annual fire
prevention inspection to be conducted, upon reasonable notice, by the St.
Lucie County Fire District, Fire Prevention Bureau. If the applicant fails to
provide the annual inspection report to the Code Compliance Division, the
project will be placed on notice and be placed on the next available Board of
County Commission agenda for a revocation hearing.
14) All stockpiles shall be constructed and located to allow the opportunity to
measure the internal temperatures of the land clearing materials in the
stockpile in order to monitor fire hazard.
15) All vehicles used on the stockpile shall be of type that minimizes the
compaction of the stockpile.
16) Prior to the issuance of a Certificate of Zoning Compliance, the petitioner
shall provide St. Lucie County a cash security fund, bond or provide the
County with an irrevocable letter of credit based on the schedule below, to
secure the cost of removing all accumulated land clearing and yard trash
debris from the site if it has been determined by the County Commission,
following a duly noticed public hearing, that the land clearing and yard
trash recycling operation approved under the Conditional Use Permit has
been abandoned or recycling operations have ceased for a period in
excess of six months, or if the Conditional Use Permit is revoked for any
reason.
Facility Size Required Security
5 to 7.5 acres $50,000
7.5 to 12.5 acres $100,000
17) The Code Enforcement Board, shall be the responsible enforcement
board assuring compliance with the provisions of this section and related
sections within this Code. The County Attorney may institute appropriate
proceedings in a court of competent jurisdiction for prosecution of the
violation(s) as provided by law.
18) The violation of any of the regulations, restrictions and limitations
promulgated under the provisions of this approval order may be restrained
by injunction, including a mandatory injunction and otherwise abated in
any manner provided by law.
19) Nothing contained in the provisions of LDC Section 7.10.12 shall prohibit
the Board of County Commissioners from enforcing its codes by any other
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File No.: CU-6202025773 Page 4
means.
20) In the event that St. Lucie County is declared a federal disaster area
following or as a result of either hurricane or freeze damage, the Board
of County Commissioners may suspend any or all the standards above for
the duration of the declared emergency in order to facilitate the removal of
vegetation debris.
21) If additional processing of vegetative yard trash or land clearing debris is
proposed in addition to mulching, such activities will be subject to
additional requirements imposed through the Conditional Use process to
mitigate impacts.
22) The petitioner shall submit to an annual site inspection to be conducted by
St. Lucie County Code Compliance to ensure conformity with the
Conditional Use permit. If evidence of unpermitted materials is found
within the stockpiles other than vegetative waste and other specific
additives approved through the site -specific Conditional Use Permit, the
subject permit shall be scheduled for the next available Board of County
Commissioners meeting for a Revocation Hearing subject to the
requirements of LDC Section 11.07.05.H and the notice requirements of
this Code.
Environmental Resources Department
23) Within 120 days of approval of site plan approval, all Category I listed
invasive plant species shall be eradicated from the site in accordance with
Land Development Code 7.09.05.
C. The overall property on which this Conditional Use Permit is being granted is
described as follows. -
Legal Description:
Overall Parcel (5-acre area of development contained within)
A PARCEL OF LAND BEING A PORTION OF THE EAST 1/2 OF THE
EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 9, TOWNSHIP 35
SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, SAID
PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 9 WITH THE SOUTH RIGHT-OF-
WAY LINE (RNA LINE OF ORANGE AVENUE (C.R. 68), SAID POINT
BEING 202.00 FEET SOUTHERLY OF THE NORTHEAST CORNER OF
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SAID SOUTHWEST 1/4 OF SECTION 9, THENCE PROCEED SOUTH
00011'11" EAST ALONG SAID EAST LINE OF THE SOUTHWEST 1/4 OF
SECTION 9, A DISTANCE OF 2416.11 FEET TO A POINT ON THE
NORTH RM/ LINE OF NORTH ST. LUCIE RIVER WATER CONTROL
DISTRICT CANAL NO. 64, SAID POINT LYING 39.00 FEET
NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHWEST
1/4 OF SECTION 9; THENCE NORTH 89053'12"WEST, PARALLEL WITH
AND 39.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID
SOUTHWEST 1/4 OF SECTION 9 AND ALONG THE NORTH R/W LINE
OF SAID CANAL NO. 64, A DISTANCE OF 327.58 FEET, TO A POINT
5.00 FEET EASTERLY OF THE WEST LINE OF THE EAST 1/2 OF THE
EAST 1/2 OF THE EAST 1/2 OF SAID SOUTHWEST 1/4 OF SECTION 9,-
THENCE NORTH 00011'01" WEST. PARALLEL WITH AND 5.00 FEET
EASTERLY OF, WHEN MEASURED PERPENDICULAR TO, SAID WEST
LINE OF THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF SAID
SOUTHWEST 1/4 OF SECTION 9, A DISTANCE OF 936.00 FEET,
THENCE NORTH 89053'12" WEST, PARALLEL WITH SAID SOUTH LINE
OF THE SOUTHWEST 1/4 OF SECTION 9, A DISTANCE OF 5 FEET TO
A POINT ON SAID WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF
THE EAST 1/2 OF SAID SOUTHWEST 1/4 OF SECTION 9; THENCE
NORTH 00011'01" WEST ALONG LAST SAID LINE, A DISTANCE OF
1480.05 FEET TO A POINT ON THE AFOREMENTIONED SOUTH R/W
LINE OF ORANGE AVENUE; THENCE SOUTH 89053'47" EAST, ALONG
SAID SOUTH R/W LINE AND PARALLEL WITH THE NORTH LINE OF
THE SOUTHWEST 1/4 OF SECTION 9 A DISTANCE OF 332.457 FEET
TO THE POINT OF BEGINNING.
APPROXIMATELY: 18.38 ACRES
Location: 21001 Orange Avenue, Fort Pierce, FL 34945
Parcel Identification No.: 2209-311-0001-000-9
D. The approvals and authorizations granted by this Resolution are for the purpose
to construct and operate a land clearing and yard trash recycling operation with
mulching, on a 5-acre subset of the subject property, within St. Lucie County, and
are not assigned to any other party or institution. Should the petitioners choose
or decide to assign this operation to another entity or individual, a Minor
Adjustment to the Conditional Use Permit shall be required.
E. The approvals and authorizations granted by this Resolution shall expire on
July 6, 2022, unless a Building Permit is obtained, or Certificate of Zoning
Compliance issued for the use described in Part B above, or an extension has
been granted in accordance with Section 11.07.05 F., St. Lucie County Land
Development Code.
Sampson Tree Service Resolution No. 2021-302
File No.: CU-6202025773 Page 6
F. The petitioner, Richard Sampson, Lucky 13 Holdings, LLC, is advised as part of
this Conditional Use Permit approval for Sampson Tree Service, the petitioner
shall obtain all applicable site plan approval, 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, Public Works and Building Departments prior to the commencement
of any development activities on the property described in Paragraph C.
Issuance of this permit by the County does not in any way create any rights on
the part of the petitioner 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 petitioner 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.
G. The conditions set forth in Paragraph B are an integral non severable part of the
Conditional Use Permit approval granted by this Resolution. If any condition set
forth in Paragraph B is determined to be invalid or unenforceable for any reason
and the Petitioner declines to comply voluntarily with the condition, the
Conditional Use Permit approval granted by this resolution becomes null and
void.
H. A copy of this resolution shall be attached to the Conditional Use Permit Site
Plan drawings described in Paragraph B. which plan shall be placed on file with
the Planning and Development Services Department.
This Order shall become effective upon the date indicated below. An appeal
from the Board of County Commissioners' action may be processed within thirty
(30) days in accordance with Section 11.11.02.F, of the St. Lucie County Land
Development Code.
J. This Resolution shall be recorded in the Public Records.
Sampson Tree Service Resolution No. 2021-302
File No.: CU-6202025773 Page 7
After motion and second, the vote on this resolution was as follows:
Chris Dzadovsky, Chair
Sean Mitchell, Vice -Chair
Linda Bartz, Commissioner
Frannie Hutchinson, Commissioner
Cathy Townsend, Commissioner
PASSED AND DULY ADOPTED this 6tn day of July 2021.
AYE
AYE
AYE
AYE
AYE
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
h Ai\ coMM� ���U /
DEPUTY CLERK vO ,-s�f►,, COUNTY AT R EY
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c�UNTY, F1.0R`�p
Sampson Tree Service Resolution No. 2021-302
File No.: CU-6202025773 Page 8
Exhibit "A"
Location Map
Sampson Tree Service
File No.: CU-6202025773
Resolution No. 2021-302
Page 9
Exhibit "B"
Site Plan
Sampson Tree Service Resolution No. 2021-302
File No.: CU-6202025773 Page 10
Exhibit "C"
Certificate of Capacity
St Lucie County
Certificate of Capacity
Certificate No. 3144
This document certifies that concurrericy wilt be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted In the St
Lucie County Comprehensive Plan for.
1. Type of development Conditional Use Permit
Number of units 0 Number of square feet
2. Property legal description & Tax ID no.
2209-311-0001-0041-9
21001 Orange Avenue, Fort Pierce, 171, 34945
Sampson Tree Service
3. Approval: Building
Resolution No. 2021-302 Letter
4. Subject to the following conditions for concurrency:
Owner's name
Richard Sampson
Address
2170 SW Conant Avenue
Pon St. Lucie FL 34953
6. Certificate Expiration Date
This Certificate of Capacity Is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlyn dwq4bpmnent "rissued with this certificate, or for subsequent
davelovent or�er(s) I for the same property, use and size as described herein.
Signed -,A Date: 717/2021
04nning and DeLopment Services Director
St Lucie Countv, Florida
Wednesday, July 7,2021
Sampson Tree Service
File No.: CU-6202025773
Resolution No. 2021-302
Page 11