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HomeMy WebLinkAboutPDS-15-017 - Hays Subdivision1 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 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4092188 07116/2015 at 04:08 PM OR BOOK 3768 PAGE 1997 - 2002 Doc Type: ORD RECORDING: $52.50 PDS Order No. 2015-017 SPMN 1220144826 AN ORDER GRANTING A MINOR SITE PLAN APPROVAL FOR A PROJECT KNOWN AS HAYS SUBDIVISION WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for site plan approval and reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Peter and Linda Hays submitted an application for Minor Site Plan approval for a 2 lot residential subdivision to be known as Hays Subdivision, located on the east side of Brocksmith Road, approximately .8 miles south of Orange Avenue in the AG -5 (Agricultural — 1du/5acres) Zoning District as more particularly described in Part B below and depicted on Exhibit A. 2. On July 7, 2015, the Board of County Commissioners granted a waiver, with conditions, from the paving provisions for access to new development set forth in Land Development Code Section 7.05.07. 3. The Development Review Committee has reviewed the site plan for the proposed project and found, with the proposed conditions, it meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the Land Development Code. 4. The project will not have an undue adverse impact 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 site design. 6. The project is designed, constructed and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. 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 Development Review Committee Final Report for the Hays Subdivision Minor Site Plan, dated July 9, 2015. July 15, 2015 PDS Order 2015 —017 SPMN 1220144826 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 8. The applicant has applied for and received a Certificate of Capacity, a copy of which is attached to this order, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed Minor Site Plan project known as Hays Subdivision, is hereby approved as shown on the site plan drawings for the project prepared by Boggs Planning & Landscape Architecture, dated July 21, 2014, revised through May 14, 2015, and date stamped received by the St. Lucie County Planning and Development Services Director on June 16, 2015, subject to the following conditions: 1. The Final Plat dedications shall state that current and or future lot owners and their heirs and assigns within the Hays Subdivision agree to participate in any lawfully established MSBU or other special assessment district created for the purpose of providing for the paving and drainage improvements to Brocksmith Road. 2. Prior to issuance any construction authorizations Final Plat approval shall be granted by the Board of County Commissioners. 3. Prior to the recording of the Final Plat, the applicant shall provide the required executed Conservation Easement, approved Preserve Area Monitoring and Management Plan (PAMMP) with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney for review and approval [Comprehensive Plan 9.1.4.4]. The applicant shall also provide a GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. A copy of a standard Conservation Easement can be found on the St. Lucie County Environmental Resources Department website at: http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf. 4. The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 5. All other applicable state or federal permits including but not limited to Florida Department of Environmental Protection permits must be obtained before commencement of the development. July 15, 2015 PDS Order 2015 —017 SPMN 1220144826 Page 2 t V 1 2I 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 B. The property on which this Minor Site Plan approval is being granted is described as follows: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, RUN NORTH 00°21'37" WEST, ALONG THE NORTH -SOUTH 1/4 SECTION LINE, A DISTANCE OF 2620.00 FEET, TO A POINT 33.42 FEETSOUTH OF NORTHWESTCORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN NORTH 89°38'23" EAST, A DISTANCE OF 43.50 FEET, TO THE EAST RIGHT OF WAY LINE OF BROCKSMITH ROAD AND THE POINT OF BEGINNING; THENCE RUN NORTH 00°21'37" WEST, ALONG THE SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 33.02 FEET, TO THE EAST -WEST 1/4 SECTION LINE; THENCE RUN NORTH 00°21'50" WEST, ALONG THE SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 676.98 FEET; THENCE RUN SOUTH 85°51'22" EAST, A DISTANCE OF 1296.69 FEET, TO THE 1/4-1/4 SECTION LINE; THENCE RUN SOUTH 00°16'26" EAST, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 586.87 FEET, TO THE EAST -WEST 1/4 SECTION LINE; THENCE RUN SOUTH 00°16'48" EAST, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 221.31 FEET; THENCE RUN SOUTH 89°38'23" WEST, A DISTANCE OF 855.85 FEET; THENCE RUN NORTH 00°21'37" WEST, A DISTANCE OF 200.00 FEET; THENCE RUN SOUTH 89°38'23" WEST, A DISTANCE OF 435.60 FEET TO THE EAST RIGHT OF WAY LINE OF BROCKSMITH ROAD AND THE POINT OF BEGINNING; ALL LYING AND BEING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. Parcel ID: 2317-133-0000-0008 Location: Brocksmith Road, approximately .8 miles south of Orange Avenue. C. The approvals granted by this administrative order shall expire on July 15, 2017, unless a building permit is 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 site plan approval that the developer or any successor in interest 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 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 approval 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. July 15, 2015 PDS Order 2015 —017 SPMN 1220144826 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 E. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part A above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. F. 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 and Development Services Director and mailed to the applicant and agent of record as identified on the site plan applications. G. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Order. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this order shall become null and void. H. 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. I. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 15th Day of July, 2015. July 15, 2015 PDS Order 2015 —017 PLANNING AND DEVELOPMENT SERVICES INTERIM DIRECTOR ST. LUCIE COUNTY, FkORIDA BY LeWe- Olson, A APPROVED AS TO FORM AND CORRECTNESS: BY &== hs -4- County Attorney SPMN 1220144826 Page 4 2 3 EXHIBIT A MNSP-1220144826 Zoning Hays Subdivision AG -5 NX/l/ A -5 AG -2.5 i4 I - - ----- --- --- Legend AG -5 - Agricultural (1 du,5 ac) N AG -2.5 - Agricultural (11 du/2.5 ac) Subject property July 15, 2015 PDS Order 2015 —017 SPMN 1220144826 Page 5 A St Lucie County Certificate of Capacity Date. 7/8/2015 Certificate No. 2961 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 0 Number of square feet 2. Property legal description & Tax ID no. 2317-133-0000-0008 Brocksmith Road, .8 miles south of Orange Ave Hays Subdivision I Approval: Buildinq Resolution No. PDS 2015-0 Letter 4. Subject to the following conditions for concurrency: Plat approval and dedication of conservation easement Owner's name Peter and Linda Hays Address 1520 S. Brocksmith Road Fort Pierce FL 34945 6. Certificate Expiration Date 7/15/2017 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. Signed g ��' Date: 7/8/2015 Planning an Development Services Director St Lucie County, Florida Wednesday, July 08, 2015 Page 1 of 2