HomeMy WebLinkAboutGM-09-017 - Persnickety Farms Subdivision JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3422908 12/17/2009 at 02:14 PM
OR BOOK 3155 PAGE 1129 - 1135 Doc Type: ORD
RECORDING: $61.00
1 GM-09-017
2 MNSP-06-007
3
4 AN ORDER GRANTING APPROVAL FOR A MINOR SITE
5 PLAN TO BE KNOWN AS PERSNICKETY FARMS
6 SUBDIVISION CONSISTING OF 8 LOTS FOR CERTAIN
~ PROPERTY LOCATED ON HEADER CANAL ROAD IN ST.
8 LUCIE COUNTY, FLORIDA
9
1o WHEREAS, the St. Lucie County Growth Management Director has reviewed the
11 application for site plan approval submitted by Engineering Design & Construction, Inc., on
12 behalf of Dean Dekker, reviewed the comments of the St. Lucie County Development
13 Review Committee on this application, and made the following determinations:
14
15 1. Persnickety Farms is a proposed 8-lot agricultural subdivision for 73.13 acres of
16 property located on the west side of Header Canal Road, approximately 600 feet
17 north of Okeechobee Road in the AG-5 (Agricultural -1 du/5 acre) Zoning District.
18
19 2. The Development Review Committee has reviewed the site plan for the proposed
2 o project and found it to meet technical requirements of the Land Development Code
21 and to be consistent with the St. Lucie County Comprehensive Plan.
22
23 3. The project is consistent with the general purpose, goals, objectives, and standards
24 of the St. Lucie County Comprehensive Plan and the St. Lucie County Land
25 Development Code.
26
27 4. The project will not have an undue adverse effect on adjacent property, the
28 character of the neighborhood, traffic conditions, parking, utility facilities, or other
29 matters affecting the. public health, safety, and general welfare.
30
31 5. All reasonable steps have been taken to minimize any adverse effect of the
32 proposed project on the immediate vicinity through building design, site design,
33 landscaping, and screening.
34
35 6. The project will be constructed, arranged, and operated so as not to interfere with
36 the development and use of neighboring property, in accordance with applicable
37 district regulations.
38
39 7. The project is to be served by adequate public facilities and services; however a
4o well and septic shall be provided for each lot until or unless public water and sewer
41 becomes available.
42
4 3 8. The applicant has applied for and received a certificate of capacity, a copy of which
File No.: MNSP-06-007 GM Order-09-017
December 15, 2009 Pagel
1 is attached to this order as Exhibit A, as required under Chapter V, St. Lucie
2 County Land Development Code.
3
4 NOW, THEREFORE, BE IT ORDERED:
5
6 A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the
~ proposed Minor Site Plan to be known as Persnickety Farms, is hereby approved
a as shown on the site plan drawings for the project prepared by Engineering Design
9 & Construction, Inc. signed and sealed November2, 2009, dated stamped received
to by the St. Lucie County Growth Management Department on November 6, 2009,
11 on the property described below, subject to the following conditions:
12
13 1. Within 90 days after receiving final site plan approval, the applicant shall
14 convey the required road right of way for South Header Canal Road.
15 Manner and form of conveyance shall be acceptable to the County Attorney.
i 6 The sketch and legal description shall be prepared by a Florida licensed
l~ surveyor and mapper. Pursuant to Chapter 7.05.03 of the St. Lucie County
1a Land Development Code, the applicant may be granted credits against road
19 impact fees.
20
21 2. No clearing or other site work shall commence until after constructible
22 engineering plans have been approved by the County Engineer and all
23 county environmental permits have been issued by Environmental
24 Resources Department pursuant to Section 11.02.08(A)(7) of the St. Lucie
25 County Land Development Code. As of this date of issuance of this
26 Development Order, no constructible site development plans have been
27 submitted for review. No work shall commence after the issuance of
28 environmental permits by county, or of any other permits by any other
29 agency, until the County Engineer has approved the constructible site plans.
30
31 3. Pursuant to Section 11.02.08(A) (6) of the St. Lucie County Land
32 Development Code, no work shall commence on the site until all regulatory
33 permits required from Federal, State, and regional agencies and special
34 districts have been issued. The Florida Department of Environmental
35 Protection, National Pollutant Discharge and Elimination System compliance
36 notice must be submitted to the County Engineer with the constructible site
37 plan at the time of building permit application or during permit review or no
38 paving, grading, and drainage permit and no building permit shall be issued.
39 All National Pollutant Discharge and Elimination System Best Management
4 o Practices shall be instituted on the site prior to site clearing and maintained
41 daily. Stormwater ponds shall be roughed in at the same time the site is
42 cleared of groundcover.
43
File No.: MNSP-06-007 GM Order-09-017
December 15, 2009 Page 2
i
1 4. This Development Order shall be recorded in the Public Records of St.
2 Lucie County, Florida, in order to provide constructive legal notice of
3 development conditions that run with the land.
4
5 5. The Code Compliance Manager shall receive a copy of this Development
6 Order and the site plan it approves and shall not approve any building
~ permits that do not implement or are not consistent with this Development
8 Order and the plans hereby approved.
9
10 6. Prior to issuance of a Vegetation Removal Permit or Exemption, the
11 applicant shall provide the Environmental Resources Department with valid
12 copies of any required federal and state permits. If federal or state agency
13 compliance requires modification to the development plans, the applicant
14 shall promptly modify the plans and submit to St. Lucie County for review
15 and approval as required by the Land Development Code. The applicant
16 will not use the County's development approval to prevent compliance with
17 any federal or state agency requirements.
18
19 7. Prior to issuance of a Vegetation Removal Permit or Exemption, the
20 applicant shall provide a Tree Mitigation Plan, acceptable to the
21 Environmental Resources Department, which clearly identifies trees
22 proposed for removal and provides mitigation re-planting details. Mitigation
23 plantings must be native species and must meet the minimum landscape
24 requirements set forth in Section 7.09.03(E). The tree mitigation plan shall
25 also outline tree and vegetation protection methods proposed per Section
26 6.00.05.C. Once approved, the plan should be included in the set of
27 construction drawings that are given to the site contractor(s) to work from.
28
29 8. Prior to issuance of a Vegetation Removal Permit or Exemption, the
3o applicant shall execute an Improvement Agreement, acceptable to St. Lucie
31 County, for the cost of all required tree mitigation, irrigation, and related
32 improvements as shown in the mitigation plans. A copy of this agreement
33 can be obtained by visiting the St. Lucie County Environmental Resources
34 Department website at: http://www.stlucieco.org/erd/index.htm.
35
36 9. Prior to final plat recordation or issuance of a Vegetation Removal Permit or
37 Exemption, whichever comes first, the applicant shall provide revised
38 Property Owners' Association guidelines (Property Owners Association or
39 Declaration of Covenants documents) to the Environmental Resources
4o Department for review. The guidelines, at a minimum, should include
41 reference to Agricultural Best Management Practices.
42
43
File No.: MNSP-06-007 GM Order-09-017
December 15, 2009 Page 3
1 B. The property on which this Minor Site Plan approval is being granted is described
2 as follows:
3
4 PARCEL 1:
5 THE NORTHEAST 1/4, OF THE NORTHEAST 1/4, OF SECTION 2, TOWNSHIP
6 36 SOUTH, RANGE 38 EAST, AND THE NORTH 1/2 OF THE SOUTHEAST 1/4,
~ OF THE NORTH EAST 1/4, OF SAID SECTION 2.
8
9 LESS AND EXCEPTING THEREFROM THE NORTH 49.00 FEET OF SAID
to SECTION 2 FOR NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT
11 (HEREINAFTER N.S.L.R.W.C.D.) CANAL NO. 73 RIGHT-OF-WAY: AND LESS
12 RIGHT-OF-WAY FOR HEADER CANAL ROAD (C.R. NO. 609); AND LESS
13 RIGHT-OF-WAY FOR HEADER CANAL (N.S.L.R.W.C.D.) NO. 59.
14
15 PARCEL 2:
16 THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
17 SECTION 2, TOWNSHIP 36 SOUTH, RANGE 38 EAST.
18
19 LEASS AND EXCEPTING THEREFROM THE SOUTH 49.00 FEET FOR
20 N.S.L.R.W.C.D. CANAL N0.74; AND LESS RIGHT-OF-WAYS OF RECORD FOR
21 HEADER CANAL ROAD (C.R. 609) AND HEADER CANAL (N.S.L.R.W.C.D.)
22 CANAL NO. 59.
23
2 4 (TAX I D#: 3202-111-0004-000/8 & 3202-111-0005-000/5)
25
26 (Location: west side of Header Canal Road, approximately 600 feet
2~ north of Okeechobee Road)
28
29 C. The approvals granted by this Growth Management order shall expire on
3o December 15, 2011, unless an extension is granted in accordance with the
31 provisions of Section 11.02.06 of the St. Lucie County Land Development Code.
32 D. The Final Site Plan approval granted under this Resolution is specifically
33 conditioned to the requirement that the petitioner, Dean Dekker, including any
34 successors in interest, shall obtain all necessary development permits and
35 construction authorizations from the appropriate State and Federal regulatory
36 authorities including, but not limited to; the United States Army Corps of Engineers,
37 the Florida Department of Environmental Protection, and the South Florida Water
38 Management District, prior to the issuance of any local building permits of
39 authorizations to commence development activities on the property described in
4 o Part A.
41
42 E. A copy of this Order shall be attached to the site plan drawings described in Part A,
43 which plan shall be placed on file with the St. Lucie County Growth Management
File No.: MNSP-06-007 GM Order-09-017
December 15, 2009 Page 4
1 Director and mailed, return receipt requested to the developer and agent of record
2 as identified on the site plan applications.
3
4 F. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same
5 period as this order. If this order expires or otherwise terminates, the Certificate of
6 Capacity shall automatically terminate.
7
8 G. This order shall be recorded in the Public Records of St. Lucie County.
9
1o ORDER effective the 15th Day of December, 2009.
11
12 GROWTH MANAGEMENT DIRECTOR
13 ST. LUCIE COUNTY, FLORIDA
14
15
16
17 BY
18 Mark Satterlee, AICP
19
20 APPROVED AS TO FORM
21 AND CORRECTNESS:
22
23
24
2 5 BY
26 COUnty ttorney
27
28
29
30
31 lap
32 H:\WORD\PLANNING\Header Canal Road Parcel\GM-09-017 ORDER.doc
33
File No.: MNSP-06-007 GM Order-09-017
December 15, 2009 Page 5
N
St Lucie County
Certificate of Capacity
Date 12/1/2009 Certificate No. 2842
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 8-Lot Agricultrual S/D
Number of units 0 Number of square feet
2. Property legal description & Tax ID no.
320211100050005,320211100040008
West side of Header Canal Rd
Persnickety Farms
3. Approval: Building Resolution No. GM 09-017 Letter
4. Subject to the following conditions for concurrency:
Owner's name
Butterfly Enterprises, LLC/Dean Dekker
Address
8242 Martingale Lane
Port St. Lucie FL 34986
6. Certificate Expiration Date 12/15/2011
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.
r
Signed Date: 12/1/2009
Growth Management Director
St Lucie County, Florida
Tuesday, December O1, 2009 Page 1 of 2
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