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Home My WebLink AboutPDS-18-024 - Peacock Road SubdivisonPDS 2018-024 M NSP -1020175208 AN ORDER GRANTING A MINOR SITE PLAN APPROVAL FOR A PROJECT KNOWN AS PEACOCK ROAD SUBDIVISION WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted by Steve Mahlschnee, evaluated the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: Steve Mahlschnee submitted an application for Minor Site Plan approval for a request to subdivide an undeveloped 73.31 acre parcel of land into (3) 24.44 acre lots within the AG -5 (Agricultural — 5 du/ac) Zoning District, as more particularly described in Part B below and depicted on Exhibit A. 2. The Development Review Committee has reviewed the boundary survey 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. 3. 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 forthe Peacock Road Subdivision, dated April 23, 2018. 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. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B" was signed by the applicant on April 16, 2018. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4433174 05/08/2018 04:21:17 PM OR BOOK 4129 PAGE 2289 - 2294 Doc Type: ORD RECORDING: $52.50 April 25, 2018 MNSP 1020175208 PDS 2018-024 Page 1 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 Peacock Road, is hereby approved as shown on the boundary survey, attached as exhibit A, for the project prepared by Carter Associates, Inc. revised September 18, 2017, and date stamped received by the St. Lucie County Planning and Development Services Director on October 13, 2017, subject to the following conditions: 1. In accordance with Section 11.03.01, the following language must be included on the warranty deeds for the property located within the Peacock Road Minor Site Plan: "NO GOVERNMENTAL AGENCY, INCLUDING ST. LUCIE COUNTY IS RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS, OR RIGHTS-OF- WAY PROVIDING INGRESSAND EGRESS OR DRAINAGE SERVICE TO THE PROPERTY HEREIN CONVEYED." 2. Current and/or future lot owners and their heirs and assigns within the Peacock Road Subdivision shall agree to participate in any lawfully established Municipal Service Benefit Unit (MSBU) or other Special Assessment District created for the purpose of providing improvements that shall include but not limited to roadway paving, drainage, and sidewalk construction to Peacock Road. 3. Within 90 days of site plan approval, the property owner, the developer, his successors or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the St. Lucie County Attorney 20 feet of additional right-of-way along the western property boundary adjacent to Peacock Road. 4. In accordance with Section 11.03.04 of the St. Lucie County Land Development Code no further division of an approved lot split is permitted within the Peacock Road Subdivision unless a final record plat is prepared and approved in accordance with the Code. 5. Prior to the issuance of a Certificate of Occupancy, all Florida Exotic Pest Plant Council (FLEPPC) Category I listed plants shall be removed from each individual parcel. 6. 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. April 25, 2018 MNSP 1020175208 PDS 2018-024 Page 2 7. All other applicable state or federal permits must be obtained before commencement of the development. B. The property on which this Minor Site Plan approval is being granted is described as follows: Legal Description: THE WEST 1/2 OF THE SOUTHEAST 1/4, LESS ROAD AND CANAL RIGHT-OF-WAYS, ALL IN SECTION 13, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. Parcel ID Numbers: 3213-421-0001-000-3 Location: East side of Peacock Road, north of C24 Canal Road C. The approvals granted by this administrative order shall expire on April 23, 2020, unless (3) warranty deeds are recorded into public records acknowledging the subdivision, 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 for Peacock Road 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, the 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 anyway 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. 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(8), 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 April 25, 2018 MNSP 1020175208 PDS 2018-024 Page 3 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. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 25th day of April, 2018. April 25, 2018 PDS 2018-024 PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: MNSP 1020175208 Page 4 EXHIBIT A Approved Plans O E t� All Y I p ills Et �� EEct� eE II I��ljee#�;i i t 9 i 1 g( I ( � ::3 CseC�t { i! Y4� 6RS i::f9{s3�Sses¢.,.re�:tltl5? e� AR i { g P 9 #t li Y R !_'! Y2Y f! ! Y! 'in -i ¢1'!lip. E iE I�il4l�a 4� °a C!1 F E . ! Y zY Y y z R rtr !E tar° g4 � !•� .� y: I .i I � � � ' � w' !�o � Y6 ! !��" �t I` Y Iz q�-� R • !fir b 1.4@ X41 4' "I YII lilt IN !l��Rll�i April 25, 2018 PDS 2018-024 1 wI i O li■1w 3 N r :31! �Y YF a MST e AWA <�a Z W ! n I IY M NSP 1020175208 Page 5 4 ¢LL - k } xe7 - « ;- — — oil yyqq �it iFM1 1 EE 1 I A eI e = t «! oil M NSP 1020175208 Page 5 EXHIBIT B CONCURRENCY DEFERAL AFFIDAVIT St Lucie County Concurrency Deferral Affidavit 1, S1Ea /jC1l Y 14'%t -Sc residing or doing business at -i-q 31 'SV CCy OAK sT. Name Street FT t'/�RGiL FL 3�1P& 1 '774-530.7870 City State Zip Phone have applied for a 4 v7" S pl tT from St. Lucie County, Florida, Type of Development Order for the following project: puAc o d i it J Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject aroperty. Signed: �� {9i Date: g -- A plic t STATE OF FLORIDA COUNTY OF C_,C The 1 foregoing instrument was acknowledged before me this 16 day of 7r 1 20 i s . by :i'1CMaj who is personally known tome or who has produced Ly. C P as identification. Signatu pe r Print Name of Notary o2, ? Commission Number (Seal) % 1.11 yti petagaye L Lindsey My Commission ExplrM January 24, 2021 Z Uommissi n No. 00 85256 Page 1 of 1 Revised: April 1, 2008 April 25, 2018 MNSP 1020175208 PDS 2018-024 Page 6