HomeMy WebLinkAbout21-313MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4944182 10/27/2021 03:26:52 PM
OR BOOK 4710 PAGE 2660 - 2671 Doc Type: RESO
RECORDING: $103.50
RESOLUTION 2021-313
File No. MJSP-112020258924
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY GRANTING A MAJOR SITE PLAN FOR A LAND
CLEARING AND YARD TRASH RECYCLING OPERATION WITH
MULCHING, FOR A PROJECT TO BE KNOWN AS SAMPSON TREE
SERVICE, WITHIN THE U (UTILITIES) ZONING DISTRICT ON 5 ACRES
OF 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 and
traffic analysis review, has made the following determinations:
1. Engineering Design and Construction, Inc., on behalf of Richard Sampson and
Lucky 13 Holdings, LLC presented a Major Site Plan application to allow for a
land clearing and yard trash recycling operation with mulching on 5 acres of the
overall 18.34-acre parcel. The subject property is located at 21001 Orange
Avenue, Fort Pierce, as legally described in Paragraph A and depicted on the
attached map as Exhibit "A".
2. On July 6, 2021, this Board held a public meeting on this petition.
3. On July 6, 2021, the Board of County Commissioners approved the Conditional
Use Permit for Sampson Tree Service.
4. The Development Review Committee has reviewed the proposed Site Plan for
the project and found it meets the technical requirements of the St. Lucie County
Land Development Code and has satisfied the standards of review set forth in
Section 11.02.07, Standards for Site Plan Review, of the St. Lucie County Land
Development Code.
5. Planning Staff has performed a detailed analysis of the project and determined it
to be consistent with the St. Lucie County Land Development Code and
Comprehensive Plan. The analysis is found in the Planning and Development
Services Department memorandum titled Sampson Tree Service, Major Site Plan
(MJSP-11202025892) & Conditional Use (CU-6202025773), dated June 21,
2021.
6. 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.
7. The proposed Major Site Plan, with conditions therein, will not have an undue
adverse effect on adjacent property, the character of the neighborhood, traffic
Sampson Tree Service Resolution No. 2021-313
File No.: MJSP-11202025892 Page 1
conditions, parking, utility facilities, or other matters affecting the public health,
safety and general welfare.
8. The proposed project will be constructed, arranged, and operated so as not to
interfere with the development and use of neighboring property, in accordance
with applicable district regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. The property on which this Major Site Plan is being granted is described as
follows:
Legal Description:
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 (R/V\/) LINE OF ORANGE AVENUE (C.R. 68), SAID POINT BEING 202.00
FEET SOUTHERLY OF THE NORTHEAST CORNER OF 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 R/W 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
Sampson Tree Service Resolution No. 2021-313
File No.: MJSP-11202025892 Page 2
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
B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code,
the proposed Major Site Plan project to be known as Sampson Tree Service, as
depicted in Exhibit "B", is hereby approved as shown on the Site Plan 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, 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
Section shall be limited to the short- term storage and processing of land
clearing debris generated from land clearing operations 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
A.
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, 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
Sampson Tree Service Resolution No. 2021-313
File No.: MJSP-11202025892 Page 3
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 1112
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
requirements and recommendations of NFPA 46, Recommended Safe
Practice for Storage of Forest Products.
Sampson Tree Service Resolution No. 2021-313
File No.: MJSP-11202025892 Page 4
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
means.
Sampson Tree Service Resolution No. 2021-313
File No.: MJSP-11202025892 Page 5
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 Site Plan approval, all Category I listed invasive plant
species shall be eradicated from the site in accordance with Land
Development Code Section 7.09.05.
C. This Major Site Plan for Sampson Tree Service shall expire within twenty-four
(24) months of the effective date of this order unless a building permit is issued,
or a Certificate of Zoning Compliance is issued.
D. The developer is advised as part of this Major Site Plan approval that the
property owner(s), developer, etc. including any successors in interest, 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, Florida Department of Transportation,
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 Part
A. 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
Sampson Tree Service Resolution No. 2021-313
File No.: MJSP-11202025892 Page 6
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 "B" are an integral non -severable part of the
Site plan approval granted by this Resolution. If any condition set forth in Part
"B" 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 Resolution shall become null and void.
F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit "C" and
made a part hereof the Resolution, was granted by the Planning &
Development Services Department Director.
G. A recorded copy of this Resolution shall be attached to the site plan drawings
described in Part "B", which plan shall be placed on file with the St. Lucie
County Planning & Development Services Department Director.
H. This Order shall become effective upon the date indicated below. An appeal of
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.
This Resolution shall be recorded in the Public Records of St. Lucie County.
Sampson Tree Service Resolution No. 2021-313
File No.: MJSP-11202025892 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 6th day of July 2021.
AYE
AYE
AYE
AYE
AYE
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
IMF
ATTEST: APPROVED AS TO FORM
AND COIRRECTNESS:
DEPUTY CLERK
COUNTY ATT
Sampson Tree Service Resolution No. 2021-313
File No.: MJSP-11202025892 Page 8
Exhibit "A"
Location Map
Sampson Tree Service Resolution No. 2021-313
File No.: MJSP-11202025892 Page 9
Exhibit "B"
Site Plan
Sampson Tree Service Resolution No. 2021-313
File No.: MJSP-11202025892 Page 10
Exhibit "C"
Certificate of Capacity
Sampson Tree Service Resolution No. 2021-313
File No.: MJSP-11202025892 Page 11
St Lucie County
Certificate of Capacity
Date 710021 Certificate No. 3145
This document certifies that concurrency will be met and that adequate public facility
capacity exha to maintain the standards for levels of service as adopted In the St
Lucie County Comprehensive Plan for:
1. Type of development Major Site Plan
009=3t��
2. Property legal description & Tax ID no.
22 31100010
21001 Orange Avenue, Fort Pierce, FL 34945
Sampson Tree Service
ownees name
Richard Sampson
Address
2170 SW Conant Avenue
Port St. Lucie FL 34953
6. Certificate Expiration Dab
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 data can be extended only under the same terms and conditions as the
underlyin1d�eloMent orderlesued with this certificate, or for subsequent
do M nt rder(O issued for the same property, use and size as described herein.
FUTMIRPWIW
W;V 37ATt
St Lucie Countv, Florida
Thursday, July 8, 2021
Sampson Tree Service
File No.: MJSP-1 1202025892
Resolution No. 2021-313
Page 12