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Home My WebLink About26-086 - sent to recording on 5/28/26 RESOLUTION NO. 2026-86 File No. CU-2510-000095 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A MAJOR ADJUSTMENT TO A CONDITIONAL USE PERMIT, FOR A SPECIALTY TRADE UTILITY CONTRACTOR FACILITY PARK ON +/- 80 ACRES, KNOWN AS WHITE MARSH, FOR THE RELOCATION OF STORMWATER PONDS ONTO INDIVIDUAL LOTS, LOCATED IN THE AG-5 (AGRICULTURAL — 5) ZONING DISTRICT AT 3742 SHINN RD, 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 findings in the staff report, has made the following determinations: 1. On March 4, 2025, the Board of County Commissioners approved Resolution 2025-36, granting a Conditional Use Permit known as White Marsh 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 - 5) 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. McCarty & Associates, on behalf of White Marsh LLC, subsequently filed a timely request to toll and extend the approvals granted by Resolution 2025-56 in accordance with Section 252.363(1)(a) Florida Statutes and Executive Order (EO) 26-74 issued by the Governor, which extended the expiration date of the Conditional Use Permit for White Marsh by twenty-four (24) months and the tolling period of the associated state of emergency. 3. McCarty & Associates, on behalf of White Marsh, LLC, presented a petition for a Major Adjustment to the approved Conditional Use Permit to provide stormwater facilities within individual lots and replacing the approved common stormwater tract with an additional Utility Trade Contractor (UTC) lot. 4. On April 21 . 2026, the applicant held a Community Participation Meeting in accordance with Land Development Code Section 11.02.01, providing documentation of mailed notice to owners of property within 1,000 ft. of the petition site. 5. The Development Review Committee has reviewed the proposed Major Adjustment and found it to be in substantial conformity with the existing Conditional Use Permit. 6. St. Lucie County Planning and Development Services staff has performed the required land use analysis for this application. File No.: CU-2510-000095 Resolution No. 2026-86 Page 1 7. On May 19, 2026, this Board held a public hearing on the petition, after publishing a notice of such hearing, posting notice signs on-site, and notifying by mail all owners of property within 1000 feet of the subject property. 8. The Major Adjustment to the existing Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11 .07.03 of the St. Lucie County Land Development Code. 9. The proposed project, with conditions therein, will 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. 10. The proposed project will be serviced by adequate public facilities and services. 11 . The proposed project, with conditions therein, will 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. 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, an Adjustment to the White Marsh Conditional Use Permit providing for stormwater facilities within individual lots and replacing the approved common stormwater tract with an additional UTC lot is hereby approved subject to the following conditions: 1. The Conditional Use Permit shall 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, an Environmental Resource Permit from South Florida Water Management District (SFWMD) shall be provided. 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., a Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 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., File No.: CU-2510-000095 Resolution No. 2026-86 Page 2 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. 6. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site. 7. 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. 8. The associated Major Site Plan shall delineate all areas proposed for parking or storage of motorized vehicles. All primary and reserved vehicle use areas shall be paved with asphalt or concrete in compliance with County standards. Storage areas may incorporate pervious paving systems as approved by the county engineer. 9. Prior to issuance of a Site Development Permit, the applicant shall submit an updated Traffic Impact Analysis. evaluating the full approved development program, including all existing and proposed building areas and associated utility trade contractor operations. Any improvements recommended by a Traffic Impact Analysis accepted by the County Engineer and designated Third-Party Traffic Engineer shall be incorporated into the Site Development Permit plans and completed or otherwise secured prior to issuance of a Certificate of Zoning Compliance or Certificate of Occupancy, as applicable. 10.The associated Site Development Permit and Plat shall document that the proposed private street is designed to be expandable and shall not be designed or function as a permanent dead-end roadway. B. The subject property is described as follows: LEGAL DESCRIPTION 30/31 35 39 THAT PART OF SE 1/4 OF SEC 30 35 39 LYG SAND W OF 11 MILE CREEK AND E OF SHINN RD R/W-LESS RD AND CANAL RS/WAND 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 R/W 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 ALGE 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 R/W 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 313539 LYG N AND E OF CANAL #71 (86.74 AC) (MAP 23/30S) (OR 3845-1555) File No.: CU-2510-000095 Resolution No. 2026-86 Page 3 PARCEL IDENTIFICATION NUMBER: 2330-410-0000-000-9 ADDRESS: 3742 Shinn Rd., Fort Pierce, FL 34945 The Conditional Use Permit covers +/- 79.14 acres, whereas "Lot 2" is not included in the Permit Area. C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County and are not assigned to any other party or institution. Should the petitioners choose or decide to assign this operation to another entity or individual, a minor adjustment to the Conditional Use Permit shall be required. D. Pursuant to Section 11.07.05(1) of the St. Lucie County Land Development Code, approvals and authorizations granted by this Resolution (Conditional Use Permit Modification) shall be valid for (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). E. The conditions set forth in Part A are an integral non-severable part of the Conditional Use Permit approval granted by this resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the Conditional Use Adjustment granted by this resolution shall become null and void. F. The Conditional Use Adjustment granted under this Resolution remains subject to any and 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, 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 Part A. Issuance of this authorization or permit by the County does not in any way create any rights on the part of the developer 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 developer 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. This Resolution shall become effective upon the date indicated below. An appeal of the Board of County Commissioners' action may be processed within thirty (30) File No.: CU-2510-000095 Resolution No. 2026-86 Page 4 days in accordance with Section 11.11.02.(F.), of the St. Lucie County Land Development Code. I. 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 Cathy Townsend, Commissioner Absent PASSED AND DULY ADOPTED this 19th day of May 2026. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA .,GOMM�ss' B - J? . , Otis AIR v icy; ; co ATTEST: * ED AS TO FORM tk `o� AND CORRECTNESS: `Gc�F oouNrl.`moo __-(zi,.. .aptiti)- DEPUTY CLERK COUNTY ATTORNEY File No.: CU-2510-000095 Resolution No. 2026-86 Page 5 Exhibit A Location Map -- I . ?- f I t JCarole-No LA Subject 4i- lig - --CC i J Elg 4 ,i s _ ___,t'.°'''11:-- = O �,o 0 ie= . —Cartton=Adams'Rd I - , - \ N ( I W% -US E I -- � t I 1 File No.: CU-2510-000095 Resolution No. 2026-86 Page 6 Exhibit B Conditional Use Site Plan , F[HI!!1 'iii • _• II I 1 t ! tr E { i 11 741 7 f I I ` 1 1 1 vt.;:I ;ii t j "r, i 1 I t l tiill°1!!`i 4 ' I 1 . {3i. ,i f t - I I 1, ,r II i ttt 1 •al— I i F11'11,:l, 1ijj ;: �� t 1i"re. 11 leil•i.il pi: .ei:11 !IF E ll'i I F: .. It ''r�n r-16I11 K `.. aaniu • ;! i . 1 uq,p"q•.•. • .i 11i.111{ I. Nauy u ; I it 0 tr l ; 1 1 ---=' _ 'i1(I • : ,{ ! 11 lit ill!: I 1 if, - f t� !I III't. --fi (� -!`"1"- 1' /- �I I ...a.,,,,...:„ ::,....„. II. .... II1 Ir' ^, / •I iii till; S. I117. 4 1 .I iii ;.;;i :. ...-,,... I g--- ir: :: t3; .,.;; 1. II I a I ,iI CV _ I!' Ii III11id !IIIi9U' I i;I i oIII ' I;zurT_3 ,::;:r;;1' ' ..� / l i t l C • ' ' i; ... :: .1 III 1;I;i i. .1 ill 16i1 I. I iii ;.::i 0 .I iii :.;it h li L'; ;;i ;;; ;Ili; , =1� I f 1i --- .� i; it ill i�; �ii;l I Q ill i+' 'llil I .11 i Q ,I .0 III r t; ;ll i Q i I i It .11.11. 11 id I t`;it ; . n1i, I. .1 n i,i I. iii :i i1 11 iii iiiii II -.I iii ;.::I I. ;;t ;I l• ;;; ;ii;; ;• ;:I ;iii; l• to i p I a f _ s >< ; Y (n ri •a f White Marsh hi tiny. �g File No.: CU-2510-000095 Resolution No. 2026-86 Page 7