HomeMy WebLinkAbout02-153RESOLUTION 02-153
FILE NO.: CU-00-008
A RESOLUTION FOR A CONDITIONAL USE
PERMIT TO ALLOW THE OPERATION OF AN AIR
CURTAIN INCINERATOR IN THE U (UTILITIES)
ZONING DISTRICT FOR PROPERTY LOCATED IN
ST. LUClE 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:
Matthew Wynne, Wynne Ranch, presented a petition for a Conditional Use Permit to
allow the operation of an aircurtain incineratorin the U (Utilities) Zoning District for
the property described below.
On August 15, 2002, the St. Lucie County Planning and Zoning Commission held a
public hearing on the petition, affer publishing notice at least 10 days prior to the
hearing and notifying by mail all owners of property within 500 feet of the subject
property, and recommended that the Board of County Commissioners approve the
hereinafter described request for a Conditional Use Permit in the U (Utilities) Zoning
District for the property described below.
On September 17, 2002, this Board held a public hearing on the petition, after
publishing a notice of such hearing and notifying by mail all owners of property within
500 feet of the subject property.
The proposed Conditional Use 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.
The proposed project 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.
6. The proposed project will be serviced by on-site water and sewer.
A Certificate of Capacity, a copy of which is attached to this resolution, was granted
by the Community Development Director on September 17, 2002.
File No.: CU-02-008
September 17, 2C~)2
Resolution 02-I53
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit for Matthew Wynne, Wynne Ranch, to allow the operation of
an aircurtain incineratorin the U (Utilities) Zoning District, is granted for the property
described in Part B below, subject to the following conditions:
Land Clearing Debris means uprooted or cleared vegetation resulting from a land
clearing operation.
Land Clearing Operation means the uprooting or clearing of vegetation in connection
with construction for buildings and rights-of-way, residential or industrial
development, mineral operations, or the clearing of vegetation to enhance property
value and aesthetics. The removal and destruction of shade trees due to storm or
insect damage is included as a land clearing operation.
The air curtain incinerator operation/operator authorized under this conditional use
permit is specifically prohibited from engaging in the business of yard trash recycling
unless a new conditional use permit is granted and the site is determined to be in
compliance with the provisions of Section 7.10.12(C) of the St. Lucie County Land
Development Code.
Consistent with the representations included with this Conditional Use application,
the operations authorized under this Conditional Use Permit shall be restricted to the
disposal of land clearing debris collected by Port St. Lucie Tractor Service from land
clearing activities within St. Lucie County only.
Only vegetative materials generated from the clearing of land within St. Lucie County
shall be permitted to be delivered to the site by trucks or other vehicles owned and/or
operated by Port St. Lucia Tractor Service. On a weekly basis, no more than an
average of 18 truckloads of material per day may be deposited at this site. In order
to verify compliance with this Condition, the petitioner shall submit to the County
Administrator, or his assign, quarterly reports, beginning January 1, 2003, for the
previous 3-month period, on the number of truckloads of material per week being
deposited and incinerated at this site.
All vegetative materials deposited at this site/faciiity shall be disposed of through the
incineration process within four (4) months of their deposition on the property. No
stockpile of material awaiting disposal may exceed 15 feet in height or 100 feet in
length. Stock piles of material awaiting incineration may not occupy more than 50%
of the total site area described in Part B of this Resolution.
No more than one (1) above ground "refractory wall - box burner" air curtain
incinerator shall be allowed on this site at any one time and must be approved by
Florida Department of Environmental Protection. No trench type, or other type of air
curtain incinerator system shall be permitted for this site, without first being approved
through the Major Adjustment process to this Conditional Use permit.
6. Consistent with the representations included with this Conditional Use Permit
File No.: CU-02-008 Resolution 02-153
September 17, 2002 Page 2
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10.
11.
application, the operations authorized under this Conditional Use Permit shall be
valid for five years only and shall "sunset" five years from the date of this approval
(September 17, 2002). Upon termination of this Conditional Use Permit, the
petitioners acknowledge and consent to St. Lucie County initiating a change in
zoning for the property described in Part B below, back to a zoning district
designation consistent with the zoning designation of the property surrounding this
parcel.
The total site area devoted to the processing, storage and combustion of the
collected land clearing debris shall be limited to 9.9 acres.
The hours of operation will be from 7:00 a.m. to 5:00 p.m., Monday - Friday. The
ignition of the combustion fires shall not occur before 9:00 a.m. and must be
extinguished one hour before sunset. Absolutely no operation of the air curtain
incinerator may be conducted on either Saturday, Sunday or Holidays.
The petitioner shall, prior to the issuance of any final zoning compliance, which is
required for this conditional use permit to be fully executed, submit a copy of the
Fire Prevention Plan for the combustion operation that has been approved bythe St.
Lucie County Fire District, Fire Prevention Bureau.
The petitioner, including any assigns, shall submit to an annual firs prevention
inspection to be conducted, upon reasonable notice, by the St. Lucie County Fire
District, Fire Prevention Bureau.
In the event that St. Lucie County is declared a federal disaster area following or as a
result of either storm, hurricane, freeze or other widespread damage, the County
Commission may suspend any or all of the above standards/restrictions, with or
without additional restrictions, for the duration of the declared emergency in order to
facilitate the removal of vegetative debris.
The property on which this Conditional Use Permit is being granted is described as
follows:
A parcel of land lying in the southeast one-quarter of Section 5, Township 35 South,
Range 37 East, St. Lucie County, Florida, and being more particularly described as
follows:
Commence at the Southeast corner of said Section 5; thence South 87°57'45'' West, as
a basis of bearings, along the South line of said Section 5, a distance of 2672.00 feet to
the Southwest corner of said Southeast 1/4 of Section 5; thence North 00°27'15" East
along the west line of said Southwest 1/4 of Section 5, a distance of 1894.32 feet to the
Point of Beginning; thence continue North 00°27'15" East along said West line, a
distance of 656.70 feet; thence South 89°19'16'' East, departing said west line, a
distance of 656.70 feet; thence South 00 ° 27'15" West, a distance of 656.70 feet; thence
North 89°19'16" West, a distance of 656.70 feet to the Point of Beginning.
Subject to an easement for Ingress and Egress and Public Utility and Drainage over
the west 25 feet thereof.
File No.: CU-02-008 Resolution 02-153
September 17, 2002 Page 3
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Containing 9.9 acres, more or less.
Tax Id. No. 2105-111-0001-000/6
(Location:
North side of Orange Avenue, approximately 5 3/4 miles west of Minute
Maid Road then north one mile from the entrance to Wynne Ranch.)
The approvals and authorizations granted by this Resolution are for the purpose of
obtaining site plan/building permit approvals on this property, and shall expire on
September 17, 2003, unless the developer has obtained a site plan or building
permit/zoning compliance approval for the uses described in and subject to the
conditions 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.
The Conditional Use Permit approval granted under this Resolution is specifically
conditioned to the requirement that the petitioner, Matthew Wynne of the Wynne
Ranch, 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 or zoning compliance of authorizations to commence development activities
on the property described in Part B,
The conditions set forth in Part A is an integral nonseverable part of the Conditional
Use Permit approval granted by this resolution. If the conditions 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 Permit approval granted
by this resolution shall become null and void.
The Certificate of Capacity, a copy of which is attached to this resolution, shall
remain valid for the period of Conditional Use approval. Should the Conditional Use
approval granted by this resolution expire or an extension be sought pursuant to
Section 11.07.05(F) of the St. Lucie County Land Development Code, a new
certificate of capacity shall be required.
The St. Lucie County Community Development 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.
After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward
AYE
Vice-Chairman Cliff Barnes
AYE
File NO.: CU-02-008 Resolution 02-153
September 17, 2002 l~age 4
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Commissioner John Bruhn AYE
Commissioner Frannie Hutchinson AYE
Commissioner Paula Lewis AYE
PASSED AND DULY ADOPTED this 17TM day of September 2002
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman --
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H:\WP\Conditional Uses\wynne ranchXapprovals\resolution,wpd
File No.: CU-024)08 Resolution 02-153
September 17, 2002 Page 5
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Exhibit A
Certificate of Capacity
St Lucie County
Certificate of Capacity
Date 9/24/2002 Certificate No. 968
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 Permit
Number of units 0 Number of square feet 0
2. Property legal description & Tax ID no.
2105-111-0001-000/6
33200 Orange Avenue Extension
Wynne Ranch CU Permit
3. Approval: Building Resolution No. 02-153 Letter 9/24/02
4. Subject to the following conditions for concurrency:
Conditional Use Permit to allow the operation of an above ground "refractory wall - box burner" air
curtain incinerator.
Owner's name
Matthew Wynne
Address
33200 Orange Avenue Extension
Ft. Pierce FL 34945
6. Certificate Expiration Date 9/17/2003
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
developmgn~order(s) issued for the same property, use and size as described herein.
Signed ~ Date: 9/24/2002
Comm tv Development
~.~_t, Director
St Lucie County, Florida
Tuesday, September 24, 2002 Page 1 of 1
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Exhibit B
· Vicinity Maps
· Site Location Map
D
OR BOOK 1§97 PAGE 2127
~ Z
XJ_NnO0 3aSOHOa]~tO
Petition of V~rt¢'7 Ranch for a ConditionalUse Permit ¢-' ~llow the operation
Air Curtain ~,..inerator in the U (Utilities) Zoning
S.R. No. 68 Orange Avenue
02-008
This pattern indicates
subject parcel
Zoning (!~ Wynne Ranch
AG-5
S.R. No. 68 Orange Avenue
This pattern indicates
subject parcel M~ prepared JLdy 26,
Land Use ('- Wynne Ranch
AG-5
S.R. No. 68 Orange Avenue
CU O2-0O8
This pattern indicates
subject parcel
( Wynne Ranch
CU 02-008
This pattern indicales
subject parcel
- N