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HomeMy WebLinkAboutGM-08-010 - Romanello Estates EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 326860710/17/2008 at 10:10 AM OR BOOK 3024 PAGE 2936 - 2940 Doc Type: MS RECORDING: $44.00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 GM-08-010 MNSP 320081431 AN ORDER OF THE GROWTH MANAGEMENT DIRECTOR GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS ROMANELLO ESTATES CONSISTING OF THREE (3) LOTS IN THE RE-2 (RESIDENTIAL ESTATE - 2DU/1ACRE) ON CERTAIN PROPERTY SITUATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for minor site plan approval submitted by Don A. Romanello and Robert J. Romanello and reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Romanello Estates is a proposed 5.492 acres, three (3) lot subdivision for property located on the west side of South Indian River Drive located approximately 1.2 miles south of Midway Road in the RE-2 (Residential Estate, 2du/1 acre) Zoning District. The minor subdivision would consist of: . Lot 1 - 2.45 acres, including Conservation Easement 1 - 1.46 acres . Lot 2 - 1.37 acres, including Conservation Easement 2 - 0.38 acres, and . Lot 3 - 1.45 acres, including Conservation Easement 3- 0.39 acres. 2. On April 24, 2008, the Development Review Committee reviewed the minor ~ite plan for the proposed project and found it to meet technical requirements of the Land Development Code and to be consistent with the St. Lucie County Comprehensive Plan. 3. The project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code. 4. 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. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 6. The project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The project is to be served by adequate public facilities and services. 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development. Code. File No.: MNSP 320081431 GM -08-010 October 7,2008 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 (A)of the St. Lucie County Land Development Code, the Minor Site Plan for the subdivision to be known as Romanello Estates, is hereby approved as shown on the site plan drawings for the project prepared by Culpepper and Terpening, on February 5,2007 as revised on September 10,2008 and received by the St. Lucie County Growth Management Director on October 2, 2008 is being granted for the property described below, subject to the following conditions: 1. The applicant will comply with all state and federal agency regulations and requirements. Prior to approval of a Notice of Vegetation Removal, the applicant shall have obtained and provided ERD with copies of any required federal and state permits. If federal or state agency compliance requires modification to the approved development plan, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 2. Prior to approval of a Notice of Vegetation Removal for each individual lot, the applicant shall either demonstrate avoidance of any gopher tortoise burrows existing within said lot or shall obtain a tortoise relocation permit from the Florida Fish and Wildlife Conservation Commission. 3. Within 90 days of site plan approval or prior to approval of a Notice of Vegetation Removal, whichever comes first, the applicant shall provide all required executed SLC (or SFWMD) conservation easements for each lot, including the ERD-approved Preserve Area Monitoring and Management Plan to be attached as an Exhibit to the easements, and a cashier's check, payable to the Clerk ofthe Court for the appropriate recording fees, to the County Attorney for review and approval. No easement will be approved if there are modifications made to the SLC or SFWMD easement form without prior approval of the County Attorney and ERD. Failure to perform this condition within the specified timeframe may result in revocation of the site plan approval. 4. Within sixty (60) days of site plan approval, the petitioners, their successors or assigns, shall convey to St. Lucie County, the east 30 feet of the subject property for additional right-of-way for Indian River Drive. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 5. Within sixty (60) days of site plan approval, the applicant, their successors or assigns, shall construct concrete sidewalks, six-feet in width, within the ultimate right-of-way of Indian River Drive, or request to pay a fee in lieu of construction. B. The property on which this Minor Site Plan is being granted is described as follows: LEGAL DESCRIPTION: Located in Section 12, Township 36 South, Range 40 East in St. Lucie County, Florida File No.: MNSP 320081431 GM -08-010 October 7,2008 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 C. 47 48 49 The following described parcel less and except; the North 276.16 feet, being also the North 300.00 feet as measured along the Westerly Right of Way line for River Road, lying easterly of the Florida East Coast Railroad Right of Way; Beginning 247.5 feet South of the Northwest corner of Lot 1, Section 12, Township 36 South, Range 40 East; thence, run South along the West line of said Lot 1 to the Southwest corner thereof; thence run East along the South line of said Lot 1 to a point 28 chains West of the waters edge oflndian River, being the Southwest corner of the tract of land heretofore owned by Myron F. Munson; thence, run North along the West line ofsaid Munson tract 7.36 chains to the Northwest corner of said Munson tract; thence run East along the North line of said Munson tract to the waters edge of Indian River; thence run Northerly following the waters edge of Indian River to the Southeast corner of the tract of land heretofore owned by Eliza F. Ankeny, described on Page 146 of Deed Book DD, records of Brevard County, Florida; thence run West along the South line of said Ankeny tract to the West line of said Lot 1, being the point of beginning. Being a part of Lot 1, Section 12, Township 36 South, Range 40 East; AND Beginning 240 feet South of the Northwest corner of Lot 1, Section 12, Township 36 South, Range 40 East; thence run South along the West line of said Lot 1 to the Southwest corner thereof; thence run East along the South line of said Lot 1 to a point 28 chains West of the waters edge of Indian River, being the Southwest corner of the tract of land heretofore owned by Myron F. Munson; thence run North along the West line of said Munson tract 7.36 chains to the Northwest corner of said Munson tract; thence run East along the North line of said Munson tract to the waters edge of Indian River; thence run Northerly following the waters edge of Indian River to the Southeast corner of the tract of land heretofore owned by Eliza E. Ankeny, described on Page 146 of Deed Book DD, records of Brevard County, Florida; thence run West along the South line of said Ankeny tract to the West line of said Lot 1, being the point of beginning. Being a part of Lot 1, Section 12, Township 36 South, Range 40 East. Excepting from both of the above the rights-of-way of the FEC Railway and all public roads. Also Less and Except those lands lying West of the Florida East Coast Railroad. Including Parcels: 3412-112-0003-000/9: (Don A. Romanello & Robert J. Romanello) 3412-112-0004-000/6: (Robert J. Romanello) LOCATION: 6303 S Indian River Dr, Ft. Pierce, FL 34950 The approvals granted by this administrative order shall expire on October 6, 2010 unless building permits are issued or an extension is granted in accordance with the provisions of Section 11.02.06 (A) of the St. Lucie County Land Development Code. File No.: MNSP 320081431 October 7,2008 GM -08-010 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 D. The Final Site Plan approval granted under this order is specifically conditioned to the requirement that the petitioners, Don A. Romanello, and Robert J. Romanello 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. E. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan application. F. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. G. This order shall be recorded in the Public Records of St. Luce County. ORDER effective the 7th Day of October 2008. GROWTH MANAGEMENT DIRECTOR S1. LUCIE COUNTY, FLORIDA BY ~ \:)~ Mark atterlee, AICP Growth Management Director APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney Ijs G:\PLANNING\PROJECT FILES\Romanello Estates MNSP 320081431\ GM Order 08-010.doc GM -08-010 Page 4 File No.: MNSP 320081431 October 7, 2008 EXHIBIT U A II St Lucie County Certificate of Capacity Date 10/1/2008 Certificate No. 2782 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 Minor Site Plan MNSP 320081431 Number of units 3 Number of square feet 229,561 2. Property legal description & Tax 10 no. 341211200030009,341211200040006 Indian River Drive 1.2 miles S/ofE.Midway Rd Romanello Estates Romanello Estates 3. Approval: Building Resolution No. GM 08-010 Letter 10/01/08 4. Subject to the following conditions for concurrency: Valid for the same period as GM Order 08-010. Conservation Easement(s) for 2.23 acres under single ownership; 33 feet of ROW donation to County for Indian River Rd; 6-foot sidewalk in ROWor fee in- lieu-of construction. Owner's name Don A. Romanello & Robert J. Romanello Address 6303 Indian River Drive Ft. Pierce FL 34950 6. Certificate Expiration Date 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 development order(s) issued for the same property, use and size as described herein. Date: 10/1/2008 Growth Management Director St Lucie County, Florida Wednesday, October 01, 2008 Page 1 of2