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Home My WebLink About23-099 RESOLUTION NO. 2023-99 File No.: MNSP-2301-000056 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING/DENYING A MINING PERMIT EXEMPTION FOR CABO RIO RV PARK, TO ALLOW FOR THE OFF-SITE REMOVAL OF EXCAVATED MATERIAL IN EXCESS OF ONE HUNDRED CUBIC YARDS FROM THE ON-SITE CONSTRUCTION OF A STORMWATER MANAGEMENT AREAS ON 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. MBV Engineering, on behalf of Cabo Rio Holdings, LLC, submitted an application fora Mining Permit Exemption for the Cabo Rio RV Park project to allow for the off-site removal of excavated material in excess of 100 cubic yards, originating from the development of an onsite 3.33-acre stormwater management lake as part of the approved site development permit. 2. The parent parcel consists of+/- 25.12 acres, located along the south side of Indrio Road and on the east side of Kings Highway in St. Lucie County. The property is legally described in Part"B'" of this Resolution and depicted on the attached map as Exhibit "A". 3. 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 Public Works Department Memorandum titled Cabo Rio RV Park Mining Permit Exemption Application Request, dated July 5, 2023. 4. On August 1, 2023, the Board held a public hearing on the petition, after publishing a 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A Pursuant to Section 11.05.11A.2.h. of the St. Lucie County Land Development Code, the mining permit exemption for the project known as Azalea, is hereby approved/denied, subject to the following conditions: 1. Th removal of excavated material under this exemption shall be performed and completed by no later than six months from the Site Development Permit issuance date. 2. The hauling operation is limited to Monday through Friday within the hours of 8:00am and 4:00pm, excluding all holidays. If there are documented adverse effects from the hauling operation during the school session, the County Engineer may further restrict the hours of operation as deemed appropriate. 3. A maintenance agreement bond or line of credit will be secured within 30 days of the mining permit exemption approval and maintained until receiving County written Cabo Rio Mining Permit Exemption File No.: MNSP-2301-000056 approval of hauling completion. The County will inspect the haul route, including but not limited to Indrio Road and Kings Highway, during and following the hauling operation. Cabo Rio Holdings, LLC will be responsible for any damage associated with the hauling. 4. This mining permit exemption may be revoked for: (1) Violation of any condition imposed upon such approval; and (2) Upon complaint and proof of adverse effects on adjacent properties. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. B. The property for which this exemption is granted is described as follows: Legal Description Parcel I.D. # 1313-321-0002-000-4 The land referred to herein below is situated in the County of St. Lucie, State of Florida, and is described as follows: 13 34 39 FROM NE COR OF SW 1/4 RUN WLY 70 FT,TH SLY 20 FT TO SLY RAN INDRIO RD,TH WLY ALG RAN LI 1257.74 FT TO POB,TH SLY 1310 FT,TH WLY 1256.40 FT TO PT ON ELY RAN LI OF KINGS HWY,TH NLY ON RAN LI 499.55 FT,TH ELY 628.75 FT,TH NLY 571 FT,TH ELY 178.45 FT,TH NLY 237.75 FT TO SLY R/W LI OF INDRIO RD,TH ELY ALG R/W LI 821.30 FT,TH SLY 695 FT,TH ELY 330 FT,TH NLY 695 FT TO SLY RAN LI OF INDRIO RD,TH ELY ON R/W LI 556.3 FT TO POB (25.05 AC). C. The owner of Cabo Rio RV Park, and associated site development activities, is advised as part of this exemption approval that the owner 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 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 owner 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 owner 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 any condition set forth in Part "A" is determined to be invalid or unenforceable for any reason and the owner 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 Engineering Division of the St. Lucie County Public Works Department and mailed to the owner and agent of record as identified on the Mining Permit application. F. This Resolution shall be recorded in the Public Records. Cabo Rio Mining Permit Exemption File No.: MNSP-2301-000056 G. After motion and second, the vote on this resolution was asfollows: Cathy Townsend, Chair Yea Linda Bartz, Vice-Chair Yea Commissioner Chris Dzadovsky Yea Commissioner Larry Leet Yea Commissioner Jamie Fowler Yea PASSED AND DULY ADOPTED this 1st day of August, 2023. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA 'a tor--- BY: 1- 1-itt- Deputy Clerk hair tc C044,0. o Z APPROVED AS TO FORM AND "SS4NYVO:>J BY: County or ey Cabo Rio Mining Permit Exemption File No.:MNSP-2301-000056 Exhibit A (Site Location Map) St. Lucie County GIS • ��<; �� •-..,mar Pkwy,, v g a ci G i wandea 'v' a Pima L t Fp Q , a — — Golf Club `4, �p Ea,31z Gf ..1. 2 Pako Puns CI, WI roar!kW? 0. D 113; 5 Y e ITr a .2 eT. ti na Rd 1n J U. �`:, S Row Rd [al ITY1n i I '14 Indir NI Cabo Rio RV Park 2 C G a O R I- 1:9.028 0 0.05 0.1 0.2 mr I '• . 1 '• r 0 01 02 04km SIC P'pn.,App.*,O ce Esn HERE Gum INCREMENT P YAemlp USGS 4ETI IASA EPA.USDA Wm Appebor b AnG6 S&C P merry AcparesOba Eln HERE Gwyn NCAEMEMI P Yawn.USGS M(Sb i SA EPA USDA,. Cabo Rio Mining Permit Exemption File No.: MNSP-2301-000056