Loading...
HomeMy WebLinkAboutPDS-13-009 - O'Brien Subdivision~, JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3908145 12/18!2013 at 09:09 AM OR BOOK 3588 PAGE 2080 - 2084 Doc Type: ORD RECORDING: $44.00 1 2 3 4 5 6 7 s 9 to 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PDS 13-009 MNSP 720124460 AN ORDER OF THE PLANNING 8~ DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS THE O'BRIEN SUBDIVISION WHEREAS, the St. Lucie County Planning & Development Services Director has reviewed the request for a Minor Site Plan submitted by Culpepper & Terpening, Inc. on behalf of Clyde and Laurie O'Brien and made the following determinations: 1. Clyde and Laurie O'Brien requested a Minor Site Plan fora 5-lot single family residential subdivision to be known as O'Brien Subdivision. The subject 4.3 acre property is located approximately 1/5 mile south of Kirby Loop Road, between Dame Road and Yates Road. The Future Land Use is RU (Residential Urban 5 du/ac) and the Zoning District is RS-3 (Residential Single Family 3 du/ac). 2. On October 1, 2013 the Board of County Commissioners through Resolution No. 13-193 granted a paving waiver and elected to waive the Fair Share Contribution based on the location of the local roads and the minimal traffic impact generated by the proposed development. 3. The Development Review Committee has reviewed the Minor Site Plan for the proposed project pursuant to Section 11.02.03 and found it to meet technical requirements of Section 11.02.07 of the Land Development Code and to be consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan. 4. 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 Department Memorandum entitled O'Brien Subdivision Minor Site Plan dated November 26, 2013. 5. 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. 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. 7. 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. 8. The subdivision is to be served by private wells for water and private septic systems. File No.: MNSP 720124460 November 22, 2013 PDS Order 13-009 Page: 1 9. 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. to 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 2a 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Minor Site Plan to be known as O'Brien Subdivision, is hereby approved as shown on the Minor Site Plan drawings prepared by Culpepper & Terpening, Inc., dated July 5, 2012 and received by the St. Lucie County Planning & Development Services Department on November 14, 2013 for the property described in Paragraph B subject to the following condition: Current or future lot owners and their heirs/assigns within the platted O'Brien Subdivision agree to participate in any lawfully established MSTU, MSBU, or other special assessment district created for the purpose of providing for paving and drainage improvements to Dame and/or Yates Roads. B. The property on which this Minor Site Plan approval is being granted is described as follows: SITE LEGAL DESCRIPTION: Commence at the Southwest corner of the Southeast Quarter of Section 19, Township 35 South, Range 40 East, St. Lucie County, Florida and run Easterly along the South line of said Section 19 on an assumed bearing of North 89°59'50" East to the West right-of-way of Yates Road and the Point Of Beginning; thence run North along the West right-of-way of Yates Road a distance of 450.36 feet more or less to the Southeast corner of the parcel of land as described in Deed recorded in Official Record Book 1360, page 2275; thence run South 89°59'50" West along the South boundary line of said parcel of land a distance of 263.42 feet to the Southwest corner of said parcel of land described in Deed recorded in Official Record Book 1360, page 2275; thence run North 00°38'23" East along the Westerly boundary line of the parcels of land described in Deeds recorded in Official Record Book 1360, page 2275 and Official Record Book 743, page 98, a distance of 202.9 feet to the Northwest corner of the parcel of land described in Deed recorded in Official Record Book 743, page 98; thence run South 89°59'50 West along the Westerly extension of the North line of a parcel of land as described in Deed recorded in Official Record Book 743, page 98 to the East right-of-way of Dame Road; thence run South along the East right-of-way line of Dame Road to the South line of said Section 19, Township 35 South, Range 40 East; thence Easterly along the South line of said Section 19 on an assumed bearing of North 89°59'50" East to the East right-of-way of Yates Road and the Point Of Beginning; less therefrom the South 44.50 feet for right- of-way of the N.S.L.R.D.D. Canal No. 39. Also, less therefrom the following described parcel of land: Commence at the Southwest corner of the Southeast Quarter of Section 19, Township 35 South, Range 40 East, St. Lucie County, Florida, and run Easterly along the South File No.: MNSP 720124460 November 22, 2013 PDS Order 13-009 Page: 2 to 11 12 13 14 15 16 17 la 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 line of said Section 19 on an assumed bearing of North 89°59'50 East to the West right- of-way of Yates Road; thence North along the West right-of-way of Yates Road a distance of 44.5 feet to the Point Of Beginning; thence continue North along the West right-of-way of Yates Road a distance of 202.91 feet to the Northeast corner of the parcel of land as described in Deed recorded in Official Record Book 695, page 943; thence run South 89°59'50" West along the Northerly boundary line of said parcel of land a distance of 263.42 feet to the Northwest corner of the parcel of land described in Deed recorded in Official Record Book 695, page 943; thence run South 00°38'23" West along the Westerly boundary line of said parcel of land 202.91 feet to the North right-of-way of N.S.L.R.D.D. Canal No. 39; thence run East along the North right-of-way of N.S.L.R.D.D. Canal No. 39 a distance of 263.56 feet more or less to the Point Of Beginning. Also, less therefrom the following described parcel of land: Commence at the Southwest corner of the Southeast Quarter of Section 19, Township 35 South, Range 40 East, St. Lucie County, Florida, and run Easterly along the South line of said Section 19 on an assumed bearing of North 89°59'50" East to the East right- of-way of Dame Road; thence run North along the East right-of-way of Dame Road a distance of 44.5 feet to the Point Of Beginning; thence continue North along the East right-of-way of Dame Road a distance of 101.46 feet to the Northwest corner of the parcel of land described in Deed recorded in Official Record Book 702, page 610; thence run North 89°59'50 East along the Northerly boundary line of said parcel of land a distance of 263.42 feet to the Northeast corner of the parcel of land described in Deed recorded in Official Record Book 702, page 610; thence run South 00°38'23 West along the Easterly boundary line of said parcel of land a distance of 101.46 feet to the North right-of-way of N.S.L.R.D.D. Canal No. 39; thence run West along the North right-of-way of N.S.L.R.D.D. Canal No. 39 a distance of 263.42 feet to the Point Of Beginning. Section 19 /Township 35S /Range 40E SITE ACERAGE: 4.3 acres (more or less) Tax I D#: 2419-434-0001-000/2 Location: Approximately 1/5 mile south of Kirby Loop Road, between Dame Road and Yates Road. C. The approvals granted by this administrative order shall expire on November 22, 2015 unless building permits are issued or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The developer is advised as part of this Minor Site Plan approval for O'Brien Subdivision, including any successors in interest, the developer shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and File No.: MNSP 720124460 November 22, 2013 PDS Order 13-009 Page: 3 1 z 3 4 5 6 7 s 9 to 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 South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. 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 Planning & Development Services Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. 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. Lucie County. ORDER effective this 22~d day of November, 2013. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Satt ee, AICP APPROVED AS TO FORM AND CORF3ECTNESS: ~f BY ~. i .J / / County File No.: MNSP 720124460 November 22, 2013 PDS Order 13-009 Page: 4 COUNTY f ! O R [ D A rC ~~F"~ a _d~ ~~ L ~ t., ~ CERTIFICATE ~i~ ~' ~~ OF CAPACITY 2300 Virginia Avenue Ft. Pierce, FL 34982 (772)-462-2822 Date: 11 /22/2013 Certificate No. I29~3: . :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: 3. Approval: Building Permit Resolution No. PDS t~~g Letter 4. Subject to the following conditions for concurrency: ,{(t~,~C+~ yy~~ fi _4 ri~7F~M~M.r ~~ ~k' ~ F '- 7'-tit ~~ ti5 F .~ a~'~x 4. ~.[ ~E- s is y'f.~ l; ~, r ac of J. tT ~ n;: "~~'~' q - F e `r~ ~ ~ a"'"' ,~ y } ~ Y a ~ } S F ~C ' .~ ~A~ i Y.. 6 Y ., Y ' +. r ~ ~ c . Owner's name _ ..-__ ._ _._.~_~,._m ,. 3:° Address ~;: 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. 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 I~ and conditions as the underlying development orderissued with this certificate, or for subsequent development _ ~A _order(s) issued for the same property, use and size as described herein. II Signed ~~'~ Signed concurrency eview by: !6 ~~~Date: ~l f ZZ/2~~5 Date: