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Home My WebLink About23-134 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5252290 10/06/2023 12:54:55 PM OR BOOK 5054 PAGE 2672-2679 Doc Type:RESO RECORDING: $69.50 RESOLUTION 2023-134 File Numbers: CU-2306-000057 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, FOR A MAJOR ADJUSTMENT TO AN APPROVED CONDITIONAL USE PERMIT ALLOWING CONCRETE MANUFACTURING WITHIN THE ARCOSA PLANNED NONRESIDENTIAL DEVELOPMENT, IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based upon acceptable evidence, including but not limited to the staff report, has made the following determinations: 1) Engineering Design & Construction, Inc., on behalf of Arcosa, Inc., submitted a Major Adjustment to the Conditional Use Permit allowing concrete manufacturing within the Arcosa Planned Non-Residential Development (PNRD) that would also allow pole testing, relocate the approved silo location approximately 180 feet to the west, and reduce the manufacturing building floor area for the property depicted in the attached map as Exhibit "A" and described in Part "A" below. 2) On December 7, 2021, the Board of County Commissioners granted a Rezoning from AR-1 (Agricultural, Residential-1) to the PNRD Zoning District and Preliminary PNRD Site Plan approval for a 77,750 square foot concrete manufacturing facility, 4,000 square foot office & associated site improvements, and a concurrent Conditional Use Petition to allow concrete manufacturing for the project known as Arcosa PNRD. 3) On January 7, 2021, Engineering Design & Construction, Inc., submitted on behalf of Meyer Utility Structures LLC, a Final (Minor) Site Plan application for the Arcosa PNRD for an 85,342 square foot manufacturing facility, 3,400 square foot office, aggregate storage containers, sixty (60) foot tall silo, outdoor finished product lay-down yard, right-of-way improvements to Favorite Road, with associated on-site vehicular, stormwater, and landscaping improvements. The building scope expanded beyond what the Board of County Commissioners initially granted through the Preliminary PNRD Site Plan and Conditional Use permit approvals, thus requiring an adjustment to the Conditional Use permit. 4) On February 14, 2022, Engineering Design & Construction, Inc., submitted a Minor Adjustment to the Conditional Use on behalf of Meyer Utility Structures LLC, to construct an 85,342 square foot manufacturing facility, 3,400 square foot office, aggregate storage containers, sixty (60) foot tall silo, outdoor finished product lay-down yard, right-of-way improvements to Favorite Road, with associated on-site vehicular, stormwater, and landscaping improvements, within the PNRD Zoning District. 5) On June 13, 2022, the Planning & Development Services Director approved a August 15, 2023 Resolution No. 2023-134 Page 1 File No(s): CU-2023-000057 Minor Adjustment to the Conditional Use to construct an 85,342 square foot manufacturing facility inclusive of a 996 square foot second story mezzanine, 3,444 square foot office exclusive of a 144 square foot covered entry, aggregate storage containers, sixty (60) foot tall silo, 389,988 square foot outdoor finished product lay-down yard, right-of-way improvements to Favorite Road, with associated on-site vehicular, stormwater, and landscaping improvements, within the PNRD Zoning District. 6) On June 13, 2022, the Planning & Development Services Director granted Final (Minor) Site Plan approval for an 85,342 square foot manufacturing facility inclusive of a 996 square foot second story mezzanine, 3,444 square foot office exclusive of a 144 square foot covered entry, aggregate storage containers, sixty (60) foot tall silo, 389,988 square foot outdoor finished product lay-down yard, right-of-way improvements to Favorite Road, with associated on-site vehicular, stormwater, and landscaping improvements, within the PNRD Zoning District. 7) On August 15, 2023, the Board of County Commissioners held a public hearing on this 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 time all interested persons were given an opportunity to be heard. 8) The St. Lucie County Development Review Committee has reviewed the Conditional Use Major Adjustment Petition and found it to meet the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan. 9) The Board of County Commissioners makes the finding that the Major Adjustment to the Conditional Use Permit is in substantial conformity with the existing approved Conditional Use Permit, which only requires review by the Board of County Commissioners and does not require review by the St. Lucie County Planning and Zoning Commission. 10) The Adjusted Conditional Use Permit, with the conditions therein, is consistent with the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan and satisfies the Standards of Review of Section 11.07.03 of the St. Lucie County Land Development Code. 11) The use will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. 12) All reasonable steps have been taken to minimize any adverse effect the use may have on the immediate vicinity through building design, site design, landscaping, and screening. August 15, 2023 Resolution No. 2023-134 Page 2 File No(s): CU-2023-000057 13) The use is arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with the applicable district regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The property on which the Conditional Use Major Adjustment is being granted is described as follows: Legal Description: LOTS 4 AND 5 IN THE NE '/4, LESS THE NORTH 300 FEET OF THE SOUTH 325 FEET OF THE EAST 157 FEET OF LOT 4, MODEL LAND COMPANY SUBDIVISION, SECTION 6. TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT 4, PAGE 34, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND THE NORTH 300 FEET OF THE SOUTH 325 FEET OF THE EAST 157 FEET OF LOT 4 IN THE NE '/4, MODEL LAND COMPANY SUBDIVISION, SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT 4, PAGE 34, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND LOT 6 AND 7 IN NE 1/4 OF MODEL LAND COMPANY SUBDIVISION, SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, BEING THE SAME PROPERTY DESCRIBED AS: THE WEST 1/2 OF THE EAST 1/2 OF THE NW % OF THE NE '/4; AND THE EAST 1/2 OF THE WEST 1/2 OF THE NW '/4 OF THE NE Y4; ALL IN SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. ALL CONTAINING 38.05 ACRES MORE OR LESS Parcel ID Number: 3406-501-0011-000-3 B. Pursuant to 11.07.03 of the St. Lucie County Land Development Code, the Conditional Use for the project known as the Arcosa PNRD is hereby adjusted, for the subject property described in Part "A" above, as shown on the site plan drawings for the project, prepared by Engineering Design & Construction, Inc., and revised through July 11, 2023, and date stamped received by the St. Lucie County Planning & Development Services Department on July 25, 2023, as attached and incorporated herein as Exhibit "C", and subject to the following conditions: 1. The Conditional Use Permit shall always comply with the St. Lucie County noise ordinance, pursuant to Section 28-110 — Sound Level Limitations. August 15, 2023 Resolution No. 2023-134 Page 3 File No(s): CU-2023-000057 2. All operations, except the pole testing activities, shall be limited between the hours of 7:00 a.m. and 7:00 p.m. (Modified) 3. Pole testing shall be limited to weekday hours of 8 AM to 5 PM, with setup allowed after 7 AM. (New) 4. In accordance with Section 7.09.04(E) of the Land Development Code the required perimeter buffer area shall include a masonry eight (8) foot wall that forms a continuous screen between the uses constructed of concrete and brick materials. The masonry wall shall be landscaped with a continuous hedge along both the inside and outside base of the wall and a tree planted every 30 linear feet with at least sixty (60%) percent of the required trees to be located on the outside of the wall. The wall shall be treated with an anti-graffiti surface treatment and the owner shall be responsible for the maintenance of all landscaping along both the inside and outside edge of the wall. 5. The development shall be equipped with appropriate dust abatement protocols, including a sprinkler system to assist in reducing the spread of dust particles on adjacent properties. 6: All on-site crane and forklift equipment shall be equipped with a White Noise Back-Up Alarm, approved by the Occupational Safety & Health Administration (OSHA), pursuant to Title 29 CFR 1926.601(b)(4) and 1926.602(a)(9)(ii). 7. acceptable Turn Analysis and Truck Movement Plan for review and compliance with south bound turn movements onto Post Office Road from the subject site. (Completed) 8. Prior to the issuance of a Vegetation Removal Permit or Exemption, whichever occurs f+rst, ° state certified gopher tortoise agent per Florida Fish and Wildlife Conservation Commission (FWC) protocol shall be required. (Completed) 9. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. C. The Conditional Use Permit Adjustment granted by this Resolution shall become null and void unless a Building Permit or Certificate of Zoning Compliance is obtained within twelve (12) months of the Final (Minor) Site Plan approval for the use described in Part "A" above, or an extension is granted in accordance with Section 11.07.05(F) of the St. Lucie County Land Development Code. D. The conditions set forth in Parts "B" are an integral non-severable part of the August 15, 2023 Resolution No. 2023-134 Page 4 File No(s): CU-2023-000057 approval granted by this Resolution. If any condition set forth in Parts "B" is determined to be invalid or unenforceable for any reason and the applicant or property owner declines to comply voluntarily with that condition, the Conditional Use approval granted by this Resolution shall become null and void. E. The Certificate of Capacity, issued on December 8, 2021, and attached as Exhibit B, shall remain valid for the term of this resolution unless revoked by the Board of County Commissioners. F. A copy of this Resolution shall be mailed to the owner of record as identified on the application. G. This Resolution shall be recorded in the Public Records. H. ADOPTION After motion and second, the vote on this Resolution was as follows: Cathy Townsend, Chair AYE Linda Bartz, Vice-Chair AYE Chris Dzadovsky, Commissioner AYE Larry Leet, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED this 15th day of August, 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: , HAIR ATTEST: APPROVED AS( 0 FORM AND CORRECTNESS: �%i>/try ' .11 COM BY: DEPUTY C ERK �cP > b�� COUNTY RNEY * ,tom Z August 15, 2023 0.4% °2S lit .,' * Resolution No. 2023-134 Page 5 °opNry.Ft.oa? File No(s): CU-2023-000057 EXHIBIT "A" (LOCATION MAP) H.--ai , 1 R / s� a 4 d �a y tg A tg .. 4 Subject Parcels a r ix +a Et J�o o N a N c/,'<' '' �L. N Midway Rd / ... a 1 I ;0 P,kwq t�a0es 1 tt cs 5 Legend I A - `-Sub`jed Parcels o IyI I'l s August 15, 2023 Resolution No. 2023-134 Page 6 File No(s): CU-2023-000057 EXHIBIT "B" (CERTIFICATE OF CAPACITY) St Lucie County Certificate of Capacity Date 12/8/2021 Certificate No. 3170 This document certifies that concurrency will 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&Preliminary PNRD Site Plan Number of units 0 Number of square feet 81750 2.Property legal description& Tax ID no. 3406-501-0012-000-0&3406-501-0011-000-3 TBD-Favorite Road,Fort Pierce FL 34981 Arcosa Planned Non-Residential Development Arcosa Planned Non-Residential Development 3.Approval: Building N/A Resolution No. 2021-424 Letter 4.Subject to the following conditions for concurrency: Outlined within Resolution 2021-424 Owner's name C&C Family Grove,LLC Address 3180 N Kings Highway Fort Pierce FL 34951 6.Certificate Expiration Date 12/7/2022 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 underlying development orderissued with this certificate,or for subsequent devel pme t ord ( )issued for the same property,use and size as described herein. 1 Signed Date: 12/8/2021 Planning a 'd Development Services Director St Lucie County,Florida Wednesday,December 8,2021 Page I of 2 August 15, 2023 Resolution No. 2023-134 Page 7 File No(s): CU-2023-000057 EXHIBIT "C" (CONDITIONAL USE SITE PLAN) ., .„... . ) Ili ...; . ill !.1 i!1 IP. 1 ! 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I— i . i; 4 ilia ' • lil 010-0-30. g IAggi 1:° ' 1 1 ,riiii--------- I I i =P IN [3:100004401009\® ill I 1111 1 111 11q1111h 1 ... , 1 iiiN ARCOSA-FAVOPUTE ROAD .: I IiiiliT IIil 1 MINOR ADJUSTMENT TO A MINOR SITE PLAN - ".. -=' -" . igii it ...au -- . e5' I 1 1 I -AI August 15, 2023 Resolution No. 2023-134 Page 8 File No(s) CU-2023-000057