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Home My WebLink About23-205 RESOLUTION NO. 2023-205 File No.: PLAT-2302-000017 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING/DENYING A MINING PERMIT EXEMPTION FOR MORNINGSIDE PALM BREEZES, TO ALLOW FOR THE OFF- SITE REMOVAL OF EXCAVATED MATERIAL IN EXCESS OF ONE HUNDRED CUBIC YARDS FROM THE ON-SITE CONSTRUCTION OF 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. Renar Homes (Morningside) LLC, submitted an application for a Mining Permit Exemption for the Morningside Palm Breezes project to allow for the off-site removal of excavated material in excess of 100 cubic yards, originating from the development of onsite 13.73 acres of stormwater management areas as part of the approved site development permits for the project. 2. The parent parcel consists of+/-49.04 acres, located '/4 mile north of Orange Avenue and % mile east of the Florida Turnpike 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 Morningside Palm Breezes Mining Permit Exemption Application Request, dated October 20, 2023. 4. On November 7, 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 Morningside Palm Breezes, is hereby approved/denied, subject to the following conditions: 1. The removal of stockpiled material under this exemption shall be performed and completed by no later than six months from the date of the executed resolution. 2. The hauling operation is limited to Monday through Friday within the hours of 9:00am and 3:00pm, 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 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Morningside Palm Breezes Mining Permit Exemption SAINT LUCIE COUNTY File No.: PLAT-2302-000017 FILE# 5299259 02/12/2024 01:30:07 PM OR BOOK 5106 PAGE 1199-1202 Doc Type:RESO RECORDING: $35.50 approval of hauling completion. The County will inspect the haul route, including but not limited to Orange Avenue and Palm Breezes Drive, during and following the hauling operation. Renar Homes (Morningside), 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. # 2310-500-0003-000-4 and 2310-500-0002-000-7 The land referred to herein below is situated in the County of St. Lucie, State of Florida, and is described as follows: PALM BREEZES CLUB (PB 49-32) TRACT 3 (41.977 AC) (OR 3672-2187) PALM BREEZES CLUB (PB 49-32) TRACT 2- LESS THAT PART ASSESSED INTO MORNINGSIDE PALM BREEZES CLUB PHASE 2A (PB 79-20)- (7.77 AC) (OR 3672-2187) C. The owner of Morningside Palm Breezes, 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. Morningside Palm Breezes Mining Permit Exemption File No.: PLAT-2302-000017 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 7th day of November, 2023. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA tit/. 4 BY Deputy Clerk GOMM/SSA air O � 2 et`C;0 / * APPROVED AS TO FORM ND w, ate CORRECTN . •`Gc�F Coutom. �O BY: County tt ney Morningside Palm Breezes Mining Permit Exemption File No.: PLAT-2302-000017 Exhibit A (Site Location Map) 05) . x A4atb+uod Gel - a iennsCmo I.,r,w,,i,rd SI Lucie Blvd \ rc l20 vvOrrI Dr el C,,. Y Maba ns Ave ¢EQ Kings Er! Amu ride Ave E E. Highway Jl+inta Ave I°j'. IMdWelrral er Canal Para San Diego Ave 1V Angie Rd _. -E- "En7A W.Arg le Rd::. ae Grady.Dr Sr lcher Garai 1-2 _ Avt S u Q m` -Aveme O z Y Avenue O' m�7t3j t T n m i N v g 154 - 2 z d? Avenue F Morningside Fbyd Johnson Rd ASelzger Rd Palm Breezes ; e° I c I' Orange•Ave—{ee 6s}—Oran ga.Ave , .ran gnAve ,bel -- t. De la 9 13� 2 s' E Picas Rd y. i BeM 2 _ u, ``\ 3. 00 2 U N _.. Graham I% u; no or 2 ,Pei -LT) _ ?e q ....... .if,..................... .if,..............c m 4OMB SLC Property Appraiser's Office.Esri.HERE,Gar Morningside Palm Breezes Mining Permit Exemption File No.: PLAT-2302-000017