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HomeMy WebLinkAbout17-1911 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 42 43 44 45 RESOLUTION 2017-191 File Number: MJSP 620175146 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING MAJOR SITE PLAN APPROVAL FOR THE CONSTRUCTION OF TWENTY (20) MODULAR DWELLING UNITS FOR AGRICULTURAL LABOR HOUSING ON APPROXIMATELY 20 ACRES OF PROPERTY LOCATED IN ST. LUCIE COUNTY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Margiric Assett, LLC, presented a petition for a Major Site Plan to be known as Margiric Agricultural Labor Housing for the construction of twenty (20) modular dwelling units in the AG -1 (Agricultural -1) zoning district on approximately 20 acres of land as described in Part A. 2. On September 5, 2017, this Board held a public meeting on the petition. 3. The St. Lucie County Development Review Committee has reviewed the Major Site Plan for the project and found it to meet all technical requirements and to be consistent with the Future Land Use Map of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part B of this Resolution. 4. The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 5. The proposed 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 proposed 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. IOSEPH E. SMITH UC E COU TYCLERK OF THE CIRCUIT COURT September 5, 2017 SAINT Page 1 FILE # 4352149 09/25/2017 08:20: RECORDING: $61.00 58 Aryl OR BOOT( 4043 PAGE 2530 - 2536 poo Type; RESO Resolution No. 2017-191 ile No.: MJSP 620175146 1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 2 Lucie County, Florida: 3 4 A. The property on which the Major Site Plan is being granted is described as follows - 5 6 A PARCEL OF LAND LYING AND BEING IN A PORTION OF THE 7 SOUTHWEST 114 OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 38 8 EAST, ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING THE SOUTH 9 655.64 FEET OF THE NORTH 685.64 FEET OF THE WEST 1328.76 FEET 10 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 34 SOUTH, 11 RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE 12 PARTICULARLY DESCRIBED AS FOLLOWS: 13 14 COMMENCING AT A FOUND 4"x4" CONCRETE MONUMENT WITH NO 15 IDENTIFICATION MARKING THE WEST 114 SECTION CORNER OF 16 SECTION 13, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE 17 COUNTY, FLORIDA, RUN SOUTH 00013'57" WEST ALONG THE WEST 18 LINE OF SAID SECTION 13, A DISTANCE OF 30.00 FEET TO THE SOUTH 19 EASEMENT LINE FOR INGRESS AND EGRESS OF STATE ROAD 20 614\INDRIO ROAD EXTENSION, AS PER OFFICIAL RECORDS BOOK 933, 21 PAGE(S) 2984+ OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, 22 FLORIDA AND POINT OF BEGINNING; FROM SAID POINT OF BEGINNING 23 RUN NORTH 89057'27" EAST ALONG SAID SOUTH EASEMENT LINE FOR 24 INGRESS AND EGRESS OF STATE ROAD 614\INDRIO ROAD EXTENSION, 25 BEING 30.00 FEET SOUTH OF AND PARALLEL WITH THE EAST W EST 26 114 SECTION LINE OF SAID SECTION 13, A DISTANCE OF 1,328.78 FEET; 27 THENCE LEAVING SAID SOUTH EASEMENT LINE RUN SOUTH 00013'57" 28 WEST, PARALLEL WITH AND 1,328.76 FEET EAST OF THE AFORESAID 29 WEST LINE OF SECTION 13, A DISTANCE OF 655.64 FEET TO THE 30 APPROXIMATE CENTER LINE OF AN EXISTING DRAINAGE DITCH; 31 THENCE RUN SOUTH 89057'27" WEST, PARALLEL WITH AND 655.64 32 FEET SOUTH OF THE AFORESAID SOUTH EASEMENT LINE, ALONG 33 SAID APPROXIMATE CENTERLINE, A DISTANCE OF 1,328.78 FEET TO 34 THE AFORESAID WEST LINE OF SECTION 13; THENCE RUN NORTH 00° 35 13'57" EAST ALONG SAID WEST LINE OF SECTION 13, A DISTANCE OF 36 655.64 FEET TO THE POINT OF BEGINNING. 37 38 THE ABOVE DESCRIBED PARCEL LYING AND BEING IN ST. LUCIE 39 COUNTY, FLORIDA. 40 41 SU BJECT TO ALL EASEMENTS, RESERVATIONS, RESTRICTIONS AND 42 RIGHTS OF WAY OF RECORD. 43 44 CONTAINING 20.00 ACRES MORE OR LESS. September 5, 2017 Resolution No. 2017-191 Page 2 File No.: MJSP 620175146 1 2 PARCEL IDENTIFICATION NUMBER: 1213-321-0001-000-0 3 4 B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the 5 Major Site Plan for the project known as Margiric Agricultural Labor Housing is 6 hereby approved as shown on the site plan drawings for the project prepared by 7 McCarty and Associates Land Planning and Design dated August 17, 2017 and date 8 stamped received by the St. Lucie County Planning & Development Services 9 Department on September 15, 2017, subject to the following conditions: 10 11 Planning and Development Services Department — Planning Division 12 13 1. The housing provided shall be temporary and solely used for agricultural laborers 14 only. The property owner of such housing shall provide biannual inspection 15 reports from the Health Department that demonstrate compliance with Chapter 16 64E-14, Florida Administrative Code (Migrant Labor Camps) that provides 17 minimum requirements to protect the health, safety and welfare of the persons 18 residing in the dwelling units. 19 20 2. If the dwelling units are vacant for a continuous period of 12 months or more, the 21 use shall be considered abandoned, and the owner of such dwelling units shall 22 remove all dwellings within 90 days of receipt of notice from the County notifying 23 the owner of such abandonment. Failure to remove the dwelling units shall be 24 grounds for the County to remove them at the expense of the owner. 25 26 3. No children below the age of 16 years shall reside in the agricultural housing 27 dwelling units. 28 29 4. Prior to the issuance of the tenth (10th) certificate of occupancy for a dwelling 30 unit, all common area improvements (sidewalks, bus shelters, picnic tables, etc.) 31 shall be installed and completed. 32 33 Environmental Resources Department 34 35 5. The issuance of County development permit does not in any way create any 36 rights on the part of the applicant to obtain a permit from a state or federal agency 37 and does not create any liability on the part of the County if the applicant fails to 38 obtain requisite approvals or fulfill the obligations imposed by a state or federal 39 agency or undertakes actions that result in a violation of state or federal law. 40 41 6. All other applicable state or federal permits must be obtained before 42 commencement of the development. 43 44 7. Prior to the issuance of a Certificate of Occupancy, all Category I listed invasive 45 species shall be eradicated from the site. September 5, 2017 Resolution No. 2017-191 Page 3 File No.: MJSP 620175146 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 42 43 44 45 Public Works Department — Engineering Division 8. Prior to the issuance of any building permits and the construction of any on -sit( development activities, the applicant shall submit civil engineering (construction plans to the Engineering Division for review and approval. Additional comment; may be provided from the review of these construction plans. C. The approvals and authorizations granted by this Resolution shall expire on September 5, 2019 unless a building permit is secured or a site plan extension is granted in accordance with Section 11.02.06(B)(2), St. Lucie County Land Development Code. D. The property owner, including any successors 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, Florida Department of Transportation, 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 A. 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. The conditions set forth in Part B are an integral non -severable part of the site plan approval granted by this Resolution. If any condition set forth in Part B 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 resolution shall become null and void. F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit B and made a part hereof the Resolution, was granted by the Planning & Development Services Department Director on September 18, 2017. G. A recorded copy of this Resolution 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 Department Director. September 5, 2017 Page 4 Resolution No. 2017-191 File No.: MJSP 620175146 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 42 43 44 45 H. ADOPTION After motion and second, the vote on this resolution was as follows: Chairman Chris Dzadovsky AYE Vice -Chairman Tod Mowery AYE Commissioner Frannie Hutchinson ABSENT Commissioner Linda Bartz AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 5th day of September, 2017. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: September 5, 2017 Page 5 BY Chairman APPROVED AS TO FORM AND CORRECTNESS: Resolution No. 2017-1911 File No.: MJSP 620175146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 EXHIBIT "A" LOCATION MAP Margiric Farms - Agricultural Labor Housing aux - CU -620175144, MJSP-620175146 County boundary I) - Subject co—J.- ji,property ,.��, L O Indrio-Rd I� _ I - a -� A "Ff j L - Florida Turnpike i September 5, 2017 Page 6 Resolution No. 2017-199 File No.: MJSP 620175146 11,6n EXHIBIT vwwmm� St Lucie County Certificate of Capacity Date 9/18/2017 Certificate No. 2993 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 Major Site Plan Number of units 20 2. Property legal description & Tax ID no. 1213-321-0001-000-0 16001 Indrio Road Margiric Agricultural Labor Housing 3. Approval: Resolution No. 2017-19 4. Subject to the following conditions for concurrency: As per Resolution 2017-19 Owner's name Margiric Assett LLC Address 16001 Indrio Road Fort Pierce FL 34945 6. Certificate Expiration Date 9/5/2019 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. c Signed J Date: 9/18/2017 Planning and Development Services Director St Lucie County, Florida