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HomeMy WebLinkAboutPDS-13-034 - Resurface Existing Ingress & Egress Easement for 5 Years within Coral Cove Beach1 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 JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY PDS ORDER 13-034 WDA -1 120134691 AN ORDER GRANTING APPROVAL TO ALLOW THE TEMPORARY USE OF MILLINGS TO RESURFACE AN EXISTING INGRESS AND EGRESS EASEMENT FOR FIVE YEARS WITHIN THE CORAL COVE BEACH SECTION ONE, BLOCK ONE ALLEY FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a use determination to allow the temporary use of millings to resurface an existing access easement for five years within the Coral Cove Beach Section One, Block One alley way and made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code and has adopted amendments to the Land Development Code through certain ordinances. 2. On May 15, 2012, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 12-003 granting the Planning and Development Services Director the authority to make the determination after full analysis of all potential impacts that a proposed use is in compliance with the provisions of the Land Development Code and the St. Lucie County Comprehensive Plan. 3. The recorded plat of Coral Cove Beach Section One, Block One alley is a 24 foot wide ingress and egress easement owned by the individual adjoining property owners providing access and drainage to the property owners fronting Shorewinds Drive. 4. The ingress and egress easement and drainage pipes infrastructure is the responsibility of the property owners to perform any maintenance, repairs or replacement as necessary. 5. The ingress and egress easement is the sole access to the residences fronting on Shorewinds Drive therefore the temporary use of millings to resurface the access easement will not have an undue adverse effect on adjacent property, the character of the neighborhood, and traffic conditions. 6. The proposed temporary use of millings to resurface the ingress and egress easement will not have an undue adverse effect on parking, utility facilities, or other matters affecting the public health, safety, and general welfare. WDA -1 1 201 34691 November 5, 2013 PDS 13-034 Page 1 of 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 7. The temporary use of millings to resurface the ingress and egress easement will improve the conditions of the access thereby being consistent with the general purpose, goals, and objectives of the St. Lucie County Comprehensive Plan, the Land Development Code and is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida NOW, THEREFORE, BE IT ORDERED: by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 7.06.01.D of the St. Lucie County Land Development Code and Ordinance 12-003, a temporary use approval of millings to resurface the 24 foot wide ingress and egress easement providing access to property owner located in Coral Cove Beach Section One, Block One is hereby approved for the property described below, subject to the following conditions of approval: 1. Within 60 days of the recording of the Planning and Development Services Order authorizing the temporary use of millings for a vehicular use area construction plans shall be submitted to the County Engineer for review and approval. 2. Within 180 days of the County Engineer's written approval, all work shall be completed in accordance with the construction plans. 3. Prior to final acceptance of the improvements to the ingress and egress easement, a filter cloth shall be installed over all drainage inlets. B. The property on which this temporary use is being granted is described as follows: That certain alley shown on the plat of Coral Cove Beach, Section 1, as per plat thereof recorded in Plat book 11, page 30B, lying between Blocks 1 and 2, of said plat. C. This temporary use approval of millings to resurface the ingress and egress easement shall expire on November 5, 2018 or unless an extension request is submitted in writing 30 days prior to the expiration date. The request for temporary use extension shall be accompanied by a complete explanation of the reasons that the extension is necessary. D. This order shall be recorded in the Public Records of St. Lucie County. WDA -1 120134691 November 5, 2013 PDS 13-034 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ORDER effective the 5th day of November, 2013. W DA -1120134691 November 5, 2013 PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA l BY Mark Sattedee, AICP, Director APPROVED AS TO FORM AND CO CTNESS: �l BY County Attorney PDS 13-034 Page 3 of 3 14. Planning and Development Services Department COUNTY Planning Division MEMORANDUM TO: Mark Satterlee, AICP, Director THROUGH: Monica Graziani, Building & Code Regulations Manager FROM: Linda Pendarvis DATE: November 5, 2013 SUBJECT: Coral Cove Beach Alley The Coral Cove development located on Shorewinds Drive currently is accessed via a private alley. The alley pavement and drainage has become badly deteriorated and the property owners are requesting temporary approval to resurface the alley with millings. Background On May 4, 1960, the Board of County Commissioners vacated and abandoned along with any right of way the following described property: That certain alley shown on the plat of coral cove Beach, Section 1, as per plat thereof recorded in Plat book 11, page 30B, lying between Blocks 1 and 2, and Blocks 6 and 7 of said plat. The private alley has since been split among the adjacent property owners and is the responsibility of each individual lot owner to maintain for ingress and egress. There is no property or homeowners association to manage maintenance of the road or drainage. Code Enforcement received a complaint about the condition of the alley many months ago. Since receipt of the complaint, staff from Code, Planning, Public Works and the County Attorney has been exploring ways to obtain compliance. However, with no approved site plan, building plan or property owners association, compelling all the owners to work together has met with limited success. As a result, Code Enforcement cited the individual property owners under Section 7.07.08, for surface water management system being allowed to deteriorate into a health hazard. The drainage system includes an underground pipe and the ingress and egress easement. The property grading and paving of the ingress and egress easement is necessary since it is part of the drainage system. The ingress and egress easement must be improved to ensure the continued function of the underground drainage pipe. Pursuant to provisions of Section 7.06.01.D of the Land Development Code, Requirement for all Weather Surface for all Required Off -Street Parking and Vehicular Use Areas ... all required off- street parking spaces, access aisles, vehicular use and off-street loading areas constructed, expanded or altered after March 1, 1999, shall be constructed with an all-weather surface material meetina the reauirements of the St. Lucie Countv Public Works Deoartment. Ift Coral Cove Beach November 5, 2013 Page 2 A few of the property owners have worked together to replace the drainage pipe. Given the lack of consensus amongst the remainder of the property owners and the expense of fixing the alley, they have requested the temporary use of millings to resurface the ingress and egress easement to allow additional time for the property owners to work together to achieve a more long term solution. Use of the millings is subject to signed and sealed engineered plans being approved by the County Engineer. The millings will be purchased by the home owners from a private vendor and this project has no relation to the millings project recently approved by the Board. Recommendation Based upon the foregoing analysis, staff recommends approval the temporary use of millings to resurface the ingress and egress easement for five years based upon the finding that the temporary use is in the best interest of all adjoining property owners and will provide a stabilized roadway for the residents to access their homes: a) The temporary use of millings will improve the dimensional, parking and vehicular use for the adjoining properties. b) The temporary use of millings to resurface the ingress and egress easement is consistent with and of equal or lesser intensity than the existing conditions of the paved easement. c) The temporary use of millings does not negatively impact the surrounding properties at this location. d) The temporary use of millings will not increase trips on surrounding roadways. e) The temporary use of millings will improve the conditions of the easement and the adverse impact on adjacent properties. f) The temporary use of millings will not negatively impact the existing buffers to adjacent uses and properties. g) Is consistent with the general scope, scale and intensity of existing nearby uses. h) Is consistent with the purpose and intent of the surrounding zoning district, the Land Development Code and/or Comprehensive Plan. The temporary use of millings is subject to the following conditions of approval: 1. Within 60 days of the recording of the Planning and Development Services Order authorizing the temporary use of millings for a vehicular use area construction plans shall be submitted to the County Engineer for review and approval. 2. Within 180 days of the County Engineer's written approval, all work shall be completed in accordance with the construction plans. 3. Prior to final acceptance of the improvements to the ingress and egress easement, a filter cloth shall be installed over all drainage inlets. Failure to comply with the foregoing will result in further code enforcement action.