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HomeMy WebLinkAboutGM-09-020 - Anita Oleander Subdivision r s JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3426966 12/31!2009 at 01:14 PM OR BOOK 3159 PAGE 255 - 259 Doc Type: ORD RECORDING: $44.00 1 G M 09-020 2 File No. MNSP 420081458 3 4 AN ORDER GRANTING APPROVAL FOR A 5 MINOR SITE PLAN PROJECT TO BE KNOWN AS 6 ANITA OLEANDER SUBDIVISION 7 8 WHEREAS, the St. Lucie County Growth Management Director has reviewed the 9 application for site plan approval submitted by Neal Keys, reviewed the comments of 10 the St. Lucie County Development Review Committee on this application, and made the 11 following determinations: 12 13 1. Anita Oleander Subdivision is a proposed 2 lot subdivision in the RS-3 (Residential, 14 Single Family) Zoning District, located on the east side of Oleander Avenue, at the 15 southeast corner of Anita Street and Oleander Avenue. 16 17 2. The Development Review Committee has reviewed the site plan for the proposed 18 project and found it to meet technical requirements of the Land Development Code 19 and to be consistent with the St. Lucie County Comprehensive Plan. 20 21 3. The project is consistent with the general purpose, goals, objectives, and standards 22 of the St. Lucie County Comprehensive Plan and the St. Lucie County Land 23 Development Code. 24 25 4. The project will not have an undue adverse effect on adjacent property, the 26 character of the neighborhood, traffic conditions, parking, utility facilities, or other 27 matters affecting the public health, safety, and general welfare. 28 29 5. All reasonable steps have been taken to minimize any adverse effect of the 30 proposed project on the immediate vicinity through building design, site design, 31 landscaping, and screening. 32 33 6. The project will be constructed, arranged, and operated so as not to interfere with 34 the development and use of neighboring property, in accordance with applicable 35 district regulations. 36 37 7. The project is to be served by Fort Pierce Utilities Authority water service and an on- 38 site septic system. 39 40 8. The applicant has applied for and received a Certificate of Capacity, a copy of which 41 is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County 42 Land Development Code. December 21, 2009 File No.: MNSP 420081458 Page 1 GM Order No. 09-020 1 NOW, THEREFORE, BE IT ORDERED: 2 3 A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the 4 Minor Site Plan to be known as Anita Oleander Subdivision , is hereby approved as 5 shown on the site plan drawings for the project prepared by Karner Surveying Inc., 6 dated March 19, 2008 and last revised on October 15, 2009, and stamped received 7 by the St. Lucie County Growth Management Department on October 19, 2009, 8 subject to the following conditions: 9 10 1. Within 90 days of the approval date of this development order, the owner, 11 successors or assigns shall convey the required road right of way for 12 Oleander Avenue (45.77') in a manner and form acceptable to the County 13 Attorney. The developer has agreed to substitute the value of the 14 required sidewalk in lieu of cash and/or impact fee credits as 15 compensation for the required road right of way. The developer will not 16 have a future obligation to construct the sidewalk along the parcel's road 17 frontage. 18 19 2. Prior to Final Plat approval, an agreement between the Fort Pierce 20 Utilities Authority and the property owner, successors or assigns shall be 21 submitted to ensure the provision of public water service to both parcels 22 within the subdivision. (BLDG PRMT/UTUGM 09-020) 23 24 B. The property on which this Minor Site Plan approval is being granted is described as 25 follows: 26 27 LYING IN SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST ST.LUCIE 28 COUNTY, FLORIDA. 29 30 COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF OLEANDER 31 AVENUE AND 6TH STREET, AS NOW LAID OUT IN SECTION 3, TOWNSHIP 36 32 SOUTH, RANGE 40 EAST; AND AS SHOWN IN THE PLAT OF WHITE CITY AS 33 RECORDED IN PLAT BOOK 1, PAGE 200 OF THE PUBLIC RECORDS OF ST. 34 LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 89°21'55" EAST, A DISTANCE 35 OF 36.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF OLEANDER AVENUE 36 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT- 37 OF-WAY MAP DATED MARCH, 1960 FOR STATE ROAD S-605 SECTION 38 NUMBER 94560-2601 AND BEING THE POINT OF BEGINNING; THENCE RUN 39 NORTH 00°25'26" EAST, A DISTANCE OF 100.00 FEET; THENCE RUN SOUTH 40 89°21'55" EAST; A DISTANCE OF 262.56 FEET; THENCE RUN NORTH 79°19'00" 41 EAST, A DISTANCE OF 101.91 FEET; THENCE RUN SOUTH 89°21'55" EAST, A 42 DISTANCE OF 60.00 FEET, TO THE EAST LINE OF LANDS DESCRIBED IN December 21, 2009 File No.: MNSP 420081458 Page 2 GM Order No. 09-020 1 DEED BOOK 240, PAGE 213 OF THE PUBLIC RECORDS OF ST. LUCIE 2 COUNTY, FLORIDA; THENCE RUN SOUTH 00°25'26" WEST, A DISTANCE OF 3 120.00 FEET; THENCE RUN NORTH 89°21'55" WEST, A DISTANCE OF 422.56 4 FEET, TO THE POINT OF BEGINNING: ACCORDING TO THAT SURVEY BY J.W. 5 WHITICE DATED MARCH 8, 1957: ALL LYING AND BEING IN SECTION 3, 6 TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. 7 8 LESS AND EXCEPT: 9 THE EAST 95 FEET 10 AND 11 THAT PROPERTY CONVEYED TO ST. LUCIE COUNTY, A POLITICAL 12 SUBDIVISION OF THE STATE OF FLORIDA CONTAINED IN WARRANTY DEED 13 RECORDED IN OFFICIAL RECORDS BOOK 1231, PAGE 2694, PUBLIC 14 RECORDS OF ST. LUCIE COUNTY, FLORIDA. 15 16 Location: East side of Oleander Avenue, on the Corner of Anita Street and 17 Oleander Avenue. 18 19 Parcel ID No: 3403-332-0011-0006 20 21 C. The approvals granted by this administrative order shall expire on December 21, 22 2011, unless building permits are issued or an extension is granted in accordance 23 with the provisions of Section 11.02.06 of the St. Lucie County Land Development 24 Code. 25 26 D. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period 27 as this order. If this order expires or otherwise terminates, the Certificate of 28 Capacity shall automatically terminate. 29 30 E. The Final Site Plan approval granted under this Order is specifically conditioned to 31 the requirement that the petitioner, successors, or assigns, shall obtain all 32 necessary development permits and construction authorizations from the 33 appropriate State and Federal regulatory authorities including, but not limited to; the 34 United States Army Corps of Engineers, the Florida Department of Environmental 35 Protection, and the South Florida Water Management District, prior to the issuance 36 of any local building permits of authorizations to commence development activities 37 on the property described in Part B. 38 39 F. This Order shall become effective upon the date of approval indicated below. 40 Should the property owner, developer or authorized agent wish to appeal any 41 condition described in Section A above, all such appeals must be filed in writing with 42 the County Administrator within 30 days of the rendering of this Order, as described December 21, 2009 File No.: MNSP 420081458 Page 3 GM Order No. 09-020 s 1 in Section 11.02.03(8), St. Lucie County Land Development Code. Should an 2 appeal to this Order be filed, no permitting reviews or further administrative action 3 shall take place on the processing of this development project until the appeal is 4 resolved. 5 6 G. A copy of this Order shall be attached to the site plan drawings described in Part A, 7 which plan shall be placed on file with the St. Lucie County Growth Management 8 Director and mailed, return receipt requested to the developer and agent of record 9 as identified on the site plan applications. 10 11 H. This order shall be recorded in the Public Records of St. Lucie County. 12 13 ORDER effective the 21st Day of December, 2009. 14 15 GROWTH MANAGEMENT DIRECTOR APPROVED AS TO FORM 16 ST. LUCIE COUNTY, FLORIDA AND CORRECTNESS: 17 18 19 20 21 BY 22 Mark tterlee, AICP County tt ney 23 24 25 26 dw December 21, 2009 File No.: MNSP 420081458 Page 4 GM Order No. 09-020 t St Lucie County Certificate of Capacity Date 12/4/2009 Certificate No. 2843 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 Number of units 2 Number of square feet 2. Property legal description & Tax ID no. 340333200110006 NE corner of Anita Street and Oldeaner Avenue Anita Oleander Subdivision 3. Approval: Building Resolution No. GM 09-020 Letter 4. Subject to the following conditions for concurrency: Prior to issuance of a building permit an agreement with FPUA is required for both units. Donation of ROW within 90 days. Owner's name White City Developers LLC Address 1911 NE 172 Street North Miami Beac FL 33162 6. Certificate Expiration Date 12/11/2011 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 orders} issued for the same property, use and size as described herein. r Signed Date: 12/4/2009 Growth anagement Director St Lucie County, Florida Friday, December 04, 2009 Page 1 of 2