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HomeMy WebLinkAbout25-100 RESOLUTION NO. 2025-100 FILE NO.: CU-2308-000061 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A MAJOR ADJUSTMENT TO AN EXISTING CONDITIONAL USE PERMIT KNOWN AS THE GUETTLER BORROW PIT TO ELIMINATE THE DELIVERY LIMITATION TO SR70 (OKEECHOBEE ROAD) IN FAVOR OF REPLACEMENT HAUL ROUTE STANDARDS FOR THE PERMIT, ASSOCIATED WITH SAND MINING IN THE AG-5, (AGRICULTURAL — 5) ZONING DISTRICT FOR 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. Guettler Brothers Construction, LLC presented a petition for a Major Adjustment to a Conditional Use to delete condition of approval #5 within Resolution No. 12-012, which authorized the conditional use permit for the sand mining operation known as the Guettler Borrow Pit located in the AG-5 (Agricultural — 5) Zoning District for the property described in Part B, and attached as Exhibit "A". 2. On June 6, 2006, through Resolution No. 06-049, the St. Lucie County Board of County Commissioners approved the petition of Guettler & Sons, LLC for a Conditional Use Permit to allow for a sand mining operation of two borrow pits in the AG-5 (Agricultural — 5) Zoning District. 3. On August 9, 2007, through GM Order No. 07-010, the Growth Management Director granted a Minor Adjustment to the Conditional Use Permit for Guettler & Sons, LLC to change the applicant and agent name to Guettler Brothers Construction, LLC. 4. On March 6, 2012, through Resolution No. 12-012, the St. Lucie County Board of County Commissioners approved the petition of Guettler Brothers Construction, LLC to modify the conditional use boundary and borrow pit phasing for the sand mine operation known as Guettler Borrow Pit. 5. On May 6, 2025, the St. Lucie County Board of County Commissioners held a public hearing on this petition, after publishing notice at least 10 days prior to the hearing, notifying by mail all owners of property within 500 feet of the subject property described below and causing a sign to be posted on the premises. 6. The proposed Major Adjustment to the Conditional Use Permit is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and File No.: CU-2308-000061 Resolution No. 2025-100 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Page 1 SAINT LUCIE COUNTY FILE# 5483978 05/22/2025 01:01.28 PM OR BOOK 5316 PAGE 2251-2257 Doc Type:RESO RECORDING: $61.00 has satisfied the requirements of Section 11.07.05(E)(2) of the St. Lucie County Land Development Code, subject to the conditions in Part A below. 7. The proposed adjustment is in substantial conformity to the original conditional use permit approval and 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. 8. The applicant has received a Certificate of Capacity, a copy of which is attached to this order, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11 .07.03 of the St. Lucie County Land Development Code, a Major Adjustment to the Conditional Use Permit for Guettler Brothers Construction, LLC to delete condition of approval #5 within Resolution No. 12-012, authorizing the conditional use permit for the sand mining operation in the AG-5 (Agricultural — 5) Zoning District is hereby granted/denied for the property described below, subject to the following conditions: 1. The approval granted under this administrative order is specifically conditioned to the requirement that the petitioner, Guettler Brothers Construction, LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part A B. 2. Prior to commencing or continuing the mining operation on the property, the applicant shall be required to obtain an approved or modified mining permit from St. Lucie County that is consistent with the conditional use permit development order and Sections 6.06.00 and 11.05.11 of the St. Lucie County Land Development Code. 3. There shall be no blasting permitted within the mining operation. 4. Access to the mining operations shall only be from State Road 70 via the approved haul road. No access to VPI Grove Road is authorized without submission and approval of a new Conditional Use Permit. File No.: CU-2308-000061 Resolution No. 2025-100 Page 2 the delivery of fill material for the State Road 70 widening project. Prior to any use of the permit and traffic analysis is required. (Deleted) 5. The mining operation shall only utilize the approved haul route, including State Road 70, Midway Road, and Glades Cut Off Road; and exclude the use of Carlton Road, Sneed Road, Shinn Road, Brocksmith Road, Header Canal Road, Eleven Mile Road, and McCarty Road, unless the delivery destination address is on one of the above excluded roadways. (Added) 6. The applicant shall provide the Environmental Resources Department with an approved Lake Area Monitoring and Management Plan (LAMMP) with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval within 90 days of conditional use approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first. 7. The applicant shall have obtained and provided the Environmental Resources Department with all required federal and state permits and approvals, including but not limited to the Environmental Resource Permit, South Florida Water Management District Water Use Permit, US Army Corps of Engineers Section 404 Permit, US Fish and Wildlife Service approval, and St. Lucie County mining permit prior to issuance of a Vegetation Removal Permit or Exemption. If federal or state agency compliance requires modification to the mining plans or implementation of conservation measures, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval. The County's development approval shall not prevent compliance with any federal or state agency requirements. B. The property on which this Adjusted Conditional Use Permit approval is being granted is described as follows: A PARCEL OF LAND LYING OVER AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 451, PAGE 2950, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND LYING IN SECTIONS 10 AND 15, TOWNSHIP 36 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10; HENCE NORTH 88'59'46" EAST, ALONG THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 2102.05 FEET TO THE POINT OF BEGINNING: File No.: CU-2308-000061 Resolution No. 2025-100 Page 3 THENCE NORTH 31°48'04" WEST, DEPARTING SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 778.08 FEET; THENCE NORTH 10°13'55" WEST, A DISTANCE OF 195.27 FEET; THENCE NORTH 16°53'14" WEST, A DISTANCE OF 126.51 FEET; THENCE NORTH 06°45'01" WEST, A DISTANCE OF 59.79 FEET; THENCE NORTH 44°34'38" WEST, A DISTANCE OF 260.60 FEET; THENCE NORTH 23°21'22' EAST, A DISTANCE OF 56.74 FEET; THENCE NORTH 52°37'05" WEST, A DISTANCE OF 28.59 FEET; THENCE NORTH 19°09'02' EAST, A DISTANCE OF 128.44 FEET; THENCE NORTH 69°41'34' EAST, A DISTANCE OF 55.16 FEET; THENCE NORTH 15°33'53' EAST, A DISTANCE OF 234.77 FEET; THENCE NORTH 14°26'45" WEST, A DISTANCE OF 428.80 FEET; THENCE NORTH 15°47'49" WEST, A DISTANCE OF 365.16 FEET; THENCE NORTH 28°28'47" WEST, A DISTANCE OF 157.99 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 70 (OKEECHOBEE ROAD), A VARIABLE WIDTH RIGHT OF WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 2143, PAGE 1630, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID POINT BEING A POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 3689.72 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 22°20'57" EAST; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°00'37", A DISTANCE OF 65.05 FEET; THENCE SOUTH 15°47'49" EAST, DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 526.50 FEET; THENCE SOUTH 14°26'45" EAST, A DISTANCE: OF 505.75 FEET; THENCE SOUTH 22°44'33" EAST, A DISTANCE OF 197.82 FEET; THENCE SOUTH 00°58'18" WEST, A DISTANCE OF 91.28 FEET; THENCE SOUTH 18°50'07" WEST, A DISTANCE OF 229.73 FEET; THENCE SOUTH 06°45'01" EAST, A DISTANCE OF 117.91 FEET; THENCE SOUTH 58°24'23" EAST, A DISTANCE OF 180.36 FEET; THENCE SOUTH 88°51'17" EAST, A DISTANCE OF 1680.35 FEET; THENCE SOUTH 23°44'46" EAST, A DISTANCE OF 1179.40 FEET; THENCE SOUTH 48°26'07" WEST, A DISTANCE OF 1479.71 FEET; THENCE NORTH 31°48'04" WEST, A DISTANCE OF 1422.19 FEET TO THE POINT OF BEGINNING. Containing 68.09 acres, more or less. Location: South side of State Road 70, approximately 1,500 feet east of VPI Grove Road and four miles west of the C-24 Canal. Parcel ID Nos.: Portion(s) of 3110-500-0001-000-9, 3110-500-0002-000-6, 3110-500-0009-000-5, 3110-500-0010-000-5, 3110-500-0015-000-0, 3110- 500-0021-000-5, 3110-500-0022-000-2, 3110-500-0027-000-7, 3110-500- 0028-000-4. File No.: CU-2308-000061 Resolution No. 2025-100 Page 4 C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining permits on this property and shall expire on May 6, 2026, unless the developer has obtained a mining permit approval for the uses described in Part A above or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. D. The Certificate of Capacity Exemption granted by the Growth Management Director on August 6, 2007, shall remain valid for the period of this development order. If this Order expires or otherwise terminates, the Certificate of Capacity Exemption shall automatically terminate. E. A copy of this Resolution shall be placed on file with the St. Lucie County Planning & Development Services Department and provided to the develop and agent of record as identified on the application. F. This Resolution shall be recorded in the Public Records of St. Lucie County PASSED AND DULY ADOPTED this 6th Day of May 2025 Commissioner Jamie Fowler, Chair AYE Commissioner Larry Leet, Vice Chair AYE Commissioner James Clasby AYE Commissioner Erin Lowry AYE Commissioner Cathy Townsend AYE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA GOMM/ B 'IL(' kit 0 Chair 73 v ,`tCI ATTEST * * APPROVED AS TO FORM • AND CORRECTNESS `e t. CoW4r4. NChek- File No.: CU-2308-0000 1 ' Resolution No. 2025-100 Page 5 k-- 050 County Attorney File No.: CU-2308-000061 Resolution No. 2025-100 Page 6 EXHIBIT "A" S•r.LLL1U Guettler Borrow Pit L` - Aerial 9........,....,....... 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