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Home My WebLink About25-036 RESOLUTION NO. 2025-36 File No.: CU-2408-000074 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT FOR A SPECIALTY TRADE UTILITY CONTRACTOR FACILITY PARK TO BE KNOWN AS WHITE MARSH FOR+/-80 ACRES LOCATED AT 3742 SHINN ROAD, FORT PIERCE, FL. 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. White Marsh, LLC. presented a petition for a Conditional Use Permit to allow the construction of a +/-80 acre utility trade contractor storage yard, including parking, stormwater, landscaping and other improvements, within the AG-5 (Agricultural) Zoning District for the property, +/-87 acres overall, located at 3742 Shinn Road, Fort Pierce, FL, as legally described in Paragraph "C" and depicted on the attached map as Exhibit "A". 2. On January 16, 2025, the St. Lucie County Planning and Zoning Commission held a public hearing on the 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 one thousand (1000) feet of the subject property, and recommended that the Board of County Commissioners approve the request for a Conditional Use Permit. 3. On February 4, 2025, the Board of County Commissioners held a duly noticed public hearing on the petition of the property described in Paragraph "C" and voted to continue this item to the March 4, 2025, Board of County Commissioners meeting. 4. On March 4, 2025, the Board of County Commissioners held a public hearing on the 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 1000 feet of the subject property, at which all interested persons were given an opportunity to be heard. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through site design and landscaping. 6. The proposed Conditional Use, will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 7. The proposed Conditional Use will be serviced by adequate public facilities and services. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Resolution No. 2025-36 Page 1 SAINT LUCIE COUNTY File No. C U-2408-000074 g FILE# 5483977 05/22/2025 01:01:28 PM OR BOOK 5316 PAGE 2244-2250 Doc Type:RESO RECORDING: $61.00 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The foregoing findings are hearby approved and adopted by the Board of County Commissioners of St. Lucie County, FL. B. Pursuant to LDC Section 11.07.03. and Section 3.01.03.S.7., the Conditional Use Permit for White Marsh, LLC. as hereby depicted in the Conditional Use Plan prepared by McCarty & Associates, is hereby approved for the property described in Paragraph "C" below, subject to approval of the associated Final Site Plan and 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. 2. 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). 3. Prior to commencement of development, including, but not limited to, clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the following UNRESOLVED correction shall be satisfied prior to MJSP-2409-000133 approval: a)Clarify whether the document identified as an Environmental Assessment(EA) dated May 2024 is an EA or if it is an Environmental Impact Report (EIR). Per LDC 11.02.09.A.5, and as mentioned in the EA (p. 4), an EIR is required, as the site is greater than ten (10)acres. The ERD Director may authorize total or partial relief from this requirement if documentation is provided requesting relief from the EIR, and it is demonstrated based on conditions unique to the proposed development all of the information foregone by such relief is not needed to determine environmental impact of the proposed development. (Resolved) b) Figure 6, Soils Map under Appendix A, Maps, doesn't appear to represent the soils found onsite. (Resolved) c) If development proposes filling of ditches, a Wood Stork Forage and Biomass Analysis (WOST) will be required to determine areas of suitability, and if applicable, loss of potential forage. Loss of forage can often be fully offset onsite via the creation of a stormwater pond with a littoral shelf or the use of existing suitable water bodies to remain post site development (ponds with littorals and farm ditches). Foraging losses that cannot be mitigated onsite may be compensated for via the purchase of wood stork credits from a permitted mitigation bank with a service area covering the subject property. 4. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the following UNRESOLVED correction shall be satisfied prior to MJSP-2409-000133 approval: Describe the retention area as wet or dry. If wet retention, littoral and upland buffer plantings are required for any lakes, wet retention ponds, etc. per LDC Resolution No. 2025-36 Page 2 File No. CU-2408-000074 6.02.03.F and Chapter 6 of the CP Policy 6.1.2.5. (Resolved) 5. Prior to commencement of development, including, but not limited to, clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., a Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 6. Prior to commencement of development, including, but not limited to, clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., a 100% gopher tortoise survey conducted by a state certified gopher tortoise agent will be required per Florida Fish and Wildlife Conservation Commission (FWC) protocol. These surveys are only valid for 90 days. 7. Prior to issuance of a Certificate of Occupancy all Category I listed invasive plant species shall be eradicated from the site. 8. Building permits are required for the unpermitted structures, including the primary building, site lighting, dumpster enclosure, access gates, fencing, backup generator system, refueling station, and irrigation. The permits must be applied for within 120 days of Conditional Use Permit approval and obtained/closed prior to issuance of a Certificate of Zoning Compliance. 9. The associated Major Site Plan shall delineate all areas proposed for parking or storage of motorized vehicles. (Resolved) C. The subject property is described as follows: 30/31 35 39 THAT PART OF SE 1/4 OF SEC 30 35 39 LYG S AND W OF 11 MILE CREEK AND E OF SHINN RD R/W-LESS RD AND CANAL RS/W AND LESS MPDAF: FROM SW COR OF SE 1/4 OF SEC 30 RUN N 00 DEG 21 MIN 46 SEC W ALG 1/4 SEC LI 2042.03 FT, TH S 83 DEG 11 MIN 59 SEC E 88.28 FT TO PT ON E RAN LI OF SHINN RD AND POB, TH N 06 DEG 48 MIN 01 SEC E ALG E R/W LI 106.17 FT TO CURVE CONCAVE W, R OF 1943.08 FT, TH NLY ALG ARC 242.92 FT, TH N 00 DEG 21 MIN 46 SEC W ALG E R/W LI 125.65 FT TO PT ON S R/W LI OF NSLRWCD CANAL #58, TH S 61 DEG 56 MIN 43 SEC E ALG S R/W LI 1207.79 FT, TH S 03 DEG 34 MIN 19 SEC W 392.56 FT, TH N 61 DEG 56 MIN 43 SEC W// WITH S RAN LI OF CANAL #58 983.83 FT, TH N 83 DEG 11 MIN 59 SEC W 200 FT TO POB-AND ALSO THAT PART OF NE 1/4 OF NE 1/4 OF SEC 31 35 39 LYG N AND E OF CANAL#71 (86.74 AC) (MAP 23/30S) (OR 3845-1555) PARCEL ID: 2330-410-0000-000-9 The Conditional Use Permit covers +/-79.14 acres, whereas"Lot 2" is not included in the Permit Area. D. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Major Site Plan, Building Permit and Zoning Compliance from St. Lucie Resolution No. 2025-36 Page 3 File No. CU-2408-000074 County, and are not assigned to any other party or institution. Should the petitioners choose or decide to assign this business to another entity or individual, a minor adjustment to the Conditional Use Permit shall be required. E. Pursuant to Section 11.07.05(I) of the St. Lucie County Land Development Code, approvals and authorizations granted by this Resolution shall expire after twelve (12) months from the date of approval, unless a Building Permit or Certificate of Zoning Compliance is obtained for the uses described in Paragraph "B" above, or an extension has been granted in accordance with Section 11.07.05(F). F. The petitioner is advised as part of this Conditional Use Permit approval, the petitioner shall obtain all applicable site plan approval, 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 (Environmental Resources Permit), 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 Paragraph "C". Issuance of this permit by the County does not in any way create any rights on the part of the petitioner 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 petitioner 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. G. The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. H. A copy of this Resolution shall be mailed to the owner and agent of record as identified on the application. A copy shall be attached to the Conditional Use Permit Site Plan drawings as described in Paragraph "B" and placed on file with the Planning and Development Services Department. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Jamie Fowler, Chair AYE Larry Leet, Vice-chair AYE James Clasby, Commissioner AYE Erin Lowry, Commissioner AYE Resolution No. 2025-36 Page 4 File No. CU-2408-000074 Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 4th day of March 2025. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA GOMM/S`. BY J? A Chair ATTEST: I*,, "ram ROVED AS TO FORM (oc� r��°��d AND CORRECTNESS: e couN � ,eitnALT> Deputy Clerk Pt County Attorney Resolution No. 2025-36 Page 5 File No. CU-2408-000074 Exhibit "A" (Location Map) 1 White Marsh `--! CU-2408-000074 Picos-Rd I d c — °mac -o -----11 co co c c o oo Subject I 1 - --- _ - Project 1 G - N ` W MIDWAY1RD = - of • w \ r E _ Port St. 2,7 I ` Lucie s ,---- ' i Resolution No. 2025-36 Page 6 File No. CU-2408-000074 Exhibit "B" (Site Plan) 11111111 i. ! iI 11'i !i.'I!i' I�1. ..1 1j l�t!i�1 � e! !i 'r 1 !iii li III li Eil ' ;i I'loiiiigiltpli 1 I,I 1``i'�i9I (111110 WIN i ti .1:ii :hill I. 3;1111a, di r • I .: I . N„tkuVA - , I IA. j E I / 1 -,--I �I I^ —. moo, ';'�'a. III I I I . 41 I I I , i , } i '1 I i i „ I \,. / i 4!.. Z_________: /1„, liil�cz_`1I1`.` Ar, . w ' White Marsh 6 _a _a. `i Site Plan 2 ` ! x ii�t y E P .:A3 �'"N ' Resolution No. 2025-36 Page 7 File No. CU-2408-000074