DRAFT Resolution File No.: CU

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Frederick Fox
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1 DRAFT Resolution A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANTING COMPOST USA OF THE TREASURE COAST, LLC CONDITIONAL USE PERMIT APPROVAL FOR THE ESTABLISHMENT OF A BIOSOLIDS COMPOSTING FACILITY FOR PROPERTY LOCATED ON SHINN ROAD 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 findings in the staff report, has made the following determinations: 1. Compost USA of the Treasure Coast, LLC presented a petition for a Conditional Use Permit to allow for the establishment of a Biosolids Composting Facility in the AG-5 (Agricultural 1 du/5acres) Zoning District for property located on the west side of Shinn Road, approximately 1.5 miles south of West Midway Road, as depicted on the attached map in Exhibit A and described in Part B below. 2. On December 18, 2014, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after 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/deny the hereinafter described Conditional Use Permit in the AG-5 (Agricultural 1 du/5acres) Zoning District for the property described in Part B. 3. On, 2015, 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. 4. The proposed Conditional Use Permit, with the conditions herein, is consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section of the St. Lucie County Land Development Code, subject to the conditions in Part A below. 5. With the proposed conditions, the 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. Planning 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 Planning and Development Services Staff Report for the Compost USA of the Treasure Coast Biosolids Composting Facility, dated December 18, December 18, 2014 Page 1

2 7. The applicant has received a Certificate of Capacity, a copy of which is attached to this order as Exhibit B, 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 of the St. Lucie County Land Development Code, a Conditional Use Permit that allows for the establishment of a Biosolids Compost Facility for Compost USA of the Treasure Coast, LLC, as depicted on conditional use site plan drawings prepared by Culpepper & Terpening, submitted on May 15, 2014 and revised though, and stamped date received by the Planning Division on for location on the property described below is hereby approved subject to the following conditions: 1. The conditional use site plan drawings, including the landscape plan, referenced above are incorporated into this conditional use permit approval. Future development shall occur in accordance with the approved conditional use site plan drawings, and consistent with the provisions herein, unless an adjustment to the conditional use permit is granted pursuant to LDC E. 2. Within 90 days of this conditional use approval or prior to issuance of a development permit, whichever occurs first, the property owners, successors or assigns shall convey to St. Lucie County 55 feet of the petitioned property for the future right-of-way needs of Wolf Road. Such dedication shall be in a manner and form acceptable to the County Attorney. 3. Within 90 days of this conditional use approval or prior to issuance of a development permit, whichever occurs first, the property owners, successors or assigns shall convey to St. Lucie County 20 feet of the petitioned property for the future right-of-way needs of Shinn Road. Such dedication shall be in a manner and form acceptable to the County Attorney.(CS) 4. The compost facility is approved for fertilizer mixing only (SIC 2875). The composting process shall only accept and utilize Class A and B biosolids from permitted wastewater treatment plants and vegetative mulch material from permitted recycling facilities. No recycling of yard waste or land clearing material shall occur onsite. No septage, industrial wastewater, marine, food or any other source materials shall be accepted for composting without an amendment to this conditional use permit. 5. Should the establishment cease operations of this site, all stored materials shall be removed by the applicant, successors or assigns. There shall be no disposal of any materials on site. 6. The wastewater treatment plant generating the biosolids must have a current waste discharge permit from the State of Florida meeting Clean Water Act requirements applicable in the jurisdiction of the wastewater treatment plant. The permittee shall provide St. Lucie County Planning and Development Services Director a copy of the agreement with the wastewater treatment facility that it intends to received biosolids from, as required by FDEP pursuant to FAC (1 (c). Copies of the agreements shall be transmitted to the County simultaneously with copies to FDEP. December 18, 2014 Page 2

3 7. Discharge of biosolids to surface waters is prohibited and all stormwater shall be confined within the boundaries of the site. 8. Transporters of biosolids and mulched yard waste/land-clearing material shall be a registered commercial hauler. All loads hauled in open-topped vehicles shall be fully tarped. Vehicle exterior shall be free of biosolids before entering public roads; this includes the tires of the vehicles. Prior to egress onto Shinn Road the site traffic will drive over a Soil Tracking Prevention device, designed and constructed per Florida Department of Transportation (FDOT) regulations to loosen and remove excess materials from the tires and under the carriage. Transportation, dust, surface water runoff, haul or application of biosolids shall not cause a nuisance, odors, flies or other vectors. 9. Prior to the issuance of a Vegetation Removal or Vegetation Removal Exemption Permit the following items shall be submitted to the County for review and approval: a. A set of site civil construction drawings so a constructability review and approval for the site can be performed; b. A copy of the a Stormwater Pollution Prevention Plan; c. A copy of the National Pollutant Discharge Elimination System compliance application (NOI); d. Submittal of an odor/air quality monitoring and management plan for review and approval. This plan shall require an odor suppression system to be onsite prior to commencing operations. The management plan shall provide for the suppression system to be relocated for use at the point of unloading the biosolids upon delivery to the site. 10. Prior to commencing of the composting operations the property owner, successors or assigns shall obtain Zoning Compliance approval from the St. Lucie County Planning and Development Services Department consistent with this order and Land Development Code Section Prior to the issuance of zoning compliance, all applicable conditions of approval herein, including the following requirements shall be met: a. Landscaping and fencing shall be installed as shown on the approved landscape plan for the property in compliance with Land Development Code Section (B). b. All entry and exist points must be gate controlled. All perimeter gates shall be constructed with an opaque material and shall remain closed outside business hours of operation. The gate shall include emergency contact information. c. An emergency management plan shall be submitted to the Planning and Development Services for review and approval. The plan shall address contingency/emergency plans for inclement weather, such as a hurricane event. The plan should address the steps to be taken to eliminate the potential for biosolids, vegetative mulch and windrow material from reaching adjacent canals and parcels. The plan shall prohibit the acceptance of materials at the site based upon specific weather conditions, such as when the site is under a hurricane warning, or winds of certain speeds are expected. December 18, 2014 Page 3

4 d. Copies of all applicable state or federal permits/written approvals are required by the County prior to commencement of any development activity. e. A copy of the NSLRWCD permit; f. Prior to the commencement of operations water quality monitoring reporting shall be submitted to the St. Lucie County Environmental Resources Department to demonstrate compliance with: 1. Groundwater monitoring and compliance consistent with F.A.C.; 2. Surface water monitoring and compliance consistent with F.A.C; 3. All subsequent periodic water monitoring reports shall be submitted and the operation shall remain in compliance with the water quality standards set forth in the above Florida Administrative Codes. 11. Prior to commercing operations, copies of the wastewater treatment facility permit, and any associaton license, shall be provided to St. Lucie County along with any periodic monitoring or mangement reports requried as part of the FDEP or other agency permitting process. Copies of periodic operation and maintenance performance reports submitted to permitting review agencies shall simutaneously be submitted to St. Lucie County Planning and Development Services Director. Copies of the agency responses to the reports shall also be forwaded to the County within 30 days of receipt. ( (1), F.A.C.) 12. The issuance of a County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law (ERD). 13. All other applicable state or federal permits, including but not limited to Florida Environmental Protection and stormwater management permits, must be obtained before commencement of the development activity requiring such permit. 14. Prior to issuance of a Vegetation Removal Permit or Exemption the landscape plan shall be revised as follows: Specify all newly planted materials shall be 100% irrigated by automatic means; Specifications including sizes and species shall be reviewed and approved by the Environmental Resources Department; A scale shall be provided; Two rows of staggered hedges and one shade tree per every thirty linear feet shall be provided around the project perimeter; Parking areas shall be screened with a continuous hedge per Land Development Code B; and The applicant shall provide an eight foot opaque wall or fence and landscaping consistent with Land Development Code E where abutting residential properties or obtain a waiver from the Board of County Commissioners. 15. Prior to issuance of any construction authorizations, the applicant shall enter into an agreement with the Board of County Commissioners that requires the applicant to assist December 18, 2014 Page 4

5 with the cost of the reoccurring maintenance for the unimproved Shinn Road, or the applicant shall provide 50% of the costs of improving Shin Road with chip seal from West Midway Road to the applicants entrance drive. B. The subject property is described as follows: PARCEL 1 THE SOUTH HALF OF THE S0UTH HALF OF THE SOUTHWEST QUARTER (S1/2 OF S1/2 OF SW 1/4) OF SECTION 7, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS EXISTING RIGHTS OF WAY FOR PUBLIC ROADS AND CANALS. PARCEL 2 THE NORTH HALF OF THE NORTHWEST QUARTER (N1/2 OF NW 1/4) OF SECTION 18, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS EXISTING RIGHTS OF WAY FOR PUBLIC ROADS AND CANALS. PARCEL 3 THE SOUTH ONE HALF OF THE NORTHWEST QUARTER (S1/2 OF NW 1/4) OF SECTION 718, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS THE EAST 50 FEET, AND LESS THE WEST 35 FEET, AND LESS THE SOUTH FEET THEREOF FOR ROAD AND CANAL RIGHTS OF WAY. Parcel ID No.: , , Location: Shinn Road, approximately 1.5 miles south of West Midway Road. C. The approvals and authorizations granted by this Resolution are granted to the applicant for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County, and are not assignable 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. D. The approvals and authorizations granted by this Resolution shall expire on, 2016, unless Certificate of Zoning Compliance is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section (F), St. Lucie County Land Development Code. E. 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 (F) of the St. Lucie County Land Development Code, a new Certificate of Capacity document shall be required. F. The St. Lucie County Planning and Development Services Department 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 the notation of reference to the date of adoption of this resolution. December 18, 2014 Page 5

6 After motion and second, the vote on this resolution was as follows: Chair Paula Lewis Vice-Chair Kim Johnson Commissioner Chris Dzadovsky Commissioner Tod Mowery Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this day of BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY December 18, 2014 Page 6

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