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HomeMy WebLinkAbout22-088MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5063786 07/01/2022 09:26:56 AM OR BOOK 4851 PAGE 2796 - 2800 Doc Type: RESO RECORDING: $44.00 RESOLUTION NO. 2022-088 File No.: MP 12202126246 THE BOARD OF COUNTY COMMISSIONERS RESOLUTION GRANTING A MINING PERMIT EXEMPTION FOR THE RAVINIA PLANNED UNIT DEVELOPMENT TO ALLOW REMOVAL OF EXCAVATED MATERIAL WITHIN THE DEVELOPMENT TO PROVIDE ON -SITE STORMWATER MANAGEMENT, INFRASTRUCTURE AND OTHER FEATURES ASSOCIATED WITH THE DEVELOPMENT OF 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 the staff report, has made the following determinations: 1. Ravinia Port St. Lucie, LLC submitted an application for a Mining Permit exemption request for the Ravinia Planned Unit Development Site Plan that consists of 54.37 acres located on the south side of West Midway Road, approximately one -quarter mile west of South 25th Street. The property legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. On January 11, 2022, the Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing, posting a sign on the subject property and notifying by mail all owners of property within 500 feet of the subject property. 3. At the January 11, 2022, Board of County Commissioners public hearing on this petition, the Board voted to continue the item until the March 1, 2022, Public Hearing. 4. On March 1, 2022, the Board of County Commissioners held a public hearing on this petition and voted to approve a Mining Permit exemption, with conditions, via Resolution 2022-003. 5. Ravinia Port St. Lucie, LLC submitted an additional application for a second Mining Permit exemption request for the Ravinia Planned Unit Development Site Plan on property legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". The request to extend the allowable hauling activity duration and expand hauling time -limits after (2021/2022) and before (2022/2023) respective school seasons. 6. 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 Ravinia PUD Mining Permit Exemption Modification/Extension, dated May 23, 2022. 7. On June 7, 2022, the Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing, posting a sign on the subject property and notifying by mail all owners of property within 500 feet of the subject property. After discussed, the Board voted to approve a Mining Permit exemption, with conditions as provided in Part A below. Ravinia PUD Mining Permit Exemption MP 12202126246 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A Pursuant to Section 11.05.11(A.2.h) of the St. Lucie County Land Development Code, the mining permit exemption for the project known as Ravinia PUD, is hereby approved, subject to the following conditions: All construction vehicles access shall only be permitted to utilize the main construction entrance point on W. Midway Road. 2. The hours of operation for related activities shall be from 7:OOAM to 6:OOPM, Monday through Saturday when school is not in session. Removal during school session(s) shall remain 10:OOAM to 6:OOPM. 3. The haul route shall not include any local streets within one mile, with the exception of a single haul destination located on Christensen Road south of Midway Road, and must be reviewed and approved by the Engineering Division. 4. A bond shall be provided along with an agreement for consideration of restoration for any damage to Midway Road as depicted on the "Haul Route", exhibit B attached_ 5. The applicant shall complete final grading and stabilization of the excavated areas within 30 days of completion of the excavation stage. 6. Removal of excavated material under this exemption shall be performed no later than October 31, 2022. B. The property for which this exemption is granted is described as follows: Legal Description Parcel I.D. #s 3403-502-0200-000-9 and 3403-502-0166-000-8 The land referred to herein below is situated in the County of St. Lucie, State of Florida, and is described as follows: Lots 108, 109, 110, 111, 120 and 121 in Section 5, Township 36 South, Range 40 East, WHITE CITY SUBDIVISION, according to the Map or Plat thereof as recorded in Plat Book 1, Page(s) 23, Public Records of St. Lucie County, Florida, excepting however, from the above -described land in the West 25 feet of Lots 108, 111 and 120 for Christensen Road right-of-way and right-of-way for N.S.L.R.D.D. Canal No. 103. Less and except therefrom, the following described real property as conveyed to St. Lucie County, a political subdivision of the State of Florida, by Statutory Warranty Deed recorded October 9, 2009 in Official Records Book 3135, Page 972, more particularly described as follows: Parcel I: Water Retention Area: A portion of Lots 108 and 109 of WHITE CITY SUBDIVISION according to the Plat thereof as recorded in Plat Book 1, at Page 23 of the Public Records of St. Lucie County, Florida, also being a portion of that certain parcel of land described in Official Records Book 2152, at Page 1950 of the Public Records of St. Lucie County, Florida, lying in the Southeast 1 /4 of Section 5, Township 36 South, Range 40 East, St. Lucie County, Florida, and being more particularly described as follows: Part "A": Commence at a found parker-kalon nail and disk stamped Culpepper Terpening PCP LB 4286- marking the Northeast corner of the Southeast 1/4.Section 5, Township 36 South, Range 40 East, as shown on St. Lucie County Right of Way Map for Midway Road, County Job No. 0618; thence run South 89056'08" West, along the North line of the said Southeast 1/4.of a distance of 2639.35 feet to the Northwest corner of said Southwest V. and the Northwest corner of Lot 99 of White City Subdivision as recorded in Plat Book 1,at Page 23 of the Public Records of St. Lucie County, Florida as shown on said Right of Way Map; thence run South 00°07'50" East along the West line of said Southeast 1/4 and the West line of said Lot 99 a distance of 661.76 feet to the Northwest corner of Lot 108 of said White City Subdivision; thence departing said West line run North 89051'32" East along the North line of Lot 108 a distance of 25.00 feet to a point on the existing Easterly right of way line of Christensen Road as shown on the aforesaid Right of Way Map for a Point of Beginning; thence departing said existing right of way line continue North 89051'32" East along the North line of Lots 108 and 109 of said White City Subdivision a distance of 651.27 feet to a found 3 inch diameter concrete monument with disk stamped P.R.M.LB 7264; thence departing said North line run North 89°48'29" East a distance of 20.00 feet; thence run South 00011'31" East a distance of 62.04 feet to the point of curvature of a curve concave Northwesterly having a radius of 275.00 feet and a chord bearing of South 27°46'40" West; thence run Southwesterly along the arc of said curve through a central angle of 55056'22" a distance of 268.49 feet to the point of tangency; thence South 55044'51" West a distance of 106.62 feet; thence North 79015'09" West a distance of 35.36 feet; thence North 34°15'09" West a distance of 144.03 feet to the point of curvature of a curve concave Southwesterly having a radius of 225 .00 feet and a chord bearing of North 62011'48 West; thence run Northwesterly along the arc of said curve through a central angle of 55053'19" a distance of 219.47 feet to the point of tangency; thence South 89051'32" West a distance of 131.91 feet; thence North 45008'37" West a distance of 40.45 feet to a point on the aforesaid existing Easterly right of way line of Christensen Road as shown on the aforesaid Right of Way Map of Midway Road; thence run North 00007'50" West along said existing right of way line a distance of 96.40 feet to the Point of Beginning. AND ALSO Part "B": Commence at a found parker-kalon nail and disk stamped Culpepper Terpening PCP LB 4286- marking the Northeast corner of the Southeast 1/4 Section 5, Township 36 South, Range 40 East, as shown on St. Lucie County Right of Way Map for Midway Road, County Job No. 0618; thence run South 89°56'08" West, along the North line of the said Southeast 1/4 of a distance of 2639.35 feet to the Northwest corner of said Southwest 1/4 and the Northwest corner of Lot 99 of White City Subdivision as recorded in Plat Book 1, at Page 23 of the Public Records of St. Lucie County, Florida as shown on said Right of Way Map; thence run South 00007'50" East along the West line of said Southeast 1/4 and the West line of said Lot 99 a distance of 661.76 feet to the Northwest corner of Lot 108 of said White City Subdivision; thence departing said West line run North 89051'32" East along the North line of Lot 108 a distance of 25.00 feet to a point on the existing Easterly right of way line of Christensen Road as shown on the aforesaid Right of Way Map; thence departing said North line run South 00007'50" East along said existing Easterly right of way line a distance of 203.66 feet for a Point of Beginning; thence departing said existing Easterly right of way line, run North 44°49'49" East a distance of 40.51 feet; thence North 89051'32" East a distance of 131.90 feet to the point of curvature of a curve concave Southwesterly having a radius of 175.00 feet and chord bearing of South 62011'48" East; thence run Southeasterly along the arc of said curve through a central angle of 55053" 9" a distance of 170.70 feet to the point of tangency; thence South 34015'09" East a distance of 144.03 feet; thence South 10'44'51" West a distance of 35.36 feet; thence South 55°44'51" West a distance of 85.91 feet to the point of curvature of a curve concave Southeasterly having a radius of 375.00 feet and chord bearing of South 44033'08" West; thence run Southwesterly along the arc of said curve through a central angle of 22023'26" a distance of 146.55 feet to the end of said curve and a point on the existing Northerly right of way line of St. Lucie County Canal No. 103 as shown on the aforesaid Right of Way Map of Midway Road; thence departing said curve run North 59°49'42" West along said existing Northerly right of way line a distance of 238.64 feet to a point on the aforesaid existing Easterly right of way line of Christensen Road; thence departing said existing right of way line of Canal No. 103 run North 00007'50" West along said existing easterly Right-of-way line, of Christensen Road a distance of 233.42 feet to the Point of Beginning. Ravinia PUD Mining Permit Exemption MP 12202126246 C. The developer for the Ravinia PUD Site Plan, and associated site development activities referenced herein, is advised as part of this exemption approval that the developer or any successor 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, 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 approval 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. D. The conditions set forth in Part A are an integral non -severable part of the Mining Permit exemption granted by this Order. If the condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the Mining Permit exemption approval granted by this Order shall become null and void. E. A copy of this Order shall be placed on file with the St. Lucie County Planning and Development Services Department and mailed to the developer and agent of record as identified on the Mining Permit application. F. This Resolution shall be recorded in the Public Records. G. After motion and second, the vote on this resolution was asfollows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice -Chair ABSENT Commissioner Chris Dzadovsky AYE Commissioner Linda Bartz AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED This 71h day of June 2022. ATTEST: J00yCO���s Deputy Clerk O + 2 �i M �G y cO�Nrr, F�oa��' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chair APPROVED AS TO FORM Ravinia PUD 2nd Mining Permit Exemption MP 12202126246