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Home My WebLink AboutPDS-20-060 - Muller Road Ranches ovacrn c.aMI I n,I.LtKR Ur I ME CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4763331 10/07/2020 11:31:46 AM OR BOOK 4487 PAGE 361-366 Doc Type:ORD RECORDING: $52.50 PDS ORDER 2020-060 File No.: MNSP-5202025744 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS MULLER ROAD RANCHES WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted by Boggs Planning & Landscape Architect, evaluated the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. On May 11, 2020, Boggs Planning & Landscape Architect submitted on behalf of Muller Road LLC for a Minor Site Plan application to be known as Muller Road Ranches. The site plan includes a request to create a four (4) lot subdivision. The subject 96-acre property is located within the AG-2.5 (Agricultural — 2.5, 1 du/2.5ac) Zoning District. 2. On August 4, 2020, the Board of County Commissioners granted approval of a Road Paving Waiver and elects to waive the fair share contribution based on the minimum traffic impacts generated by the proposed development, the dedication of 20 feet of additional right-of-way, and the participation of all property owners within the Muller Road Ranches subdivision in a special assessment district for the paving and/or drainage improvements to Muller Road. 3. The Development Review Committee has reviewed the proposed Minor Site Plan and found it to meet the standards of review as set forth in Section 11.02.07 of the St. Lucie County Land Development Code. 4. Planning staff performed a detailed analysis of the project and found it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis can be found in the Planning and Development Services Department memorandum titled Muller Road Ranches Minor Site Plan (MNSP-5202025744), dated September 23, 2020. 5. The proposed site plan 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 site plan 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 proposed site plan will be served by adequate public facilities and services; however a well and septic system approved by the Florida Department of Health shall be provided for each lot until or unless public water and sewer becomes available. Page 1 PDS No.2020-060 File No.: MNSP-5202025744 9. The applicant has applied for and received a Certificate of Capacity, a copy of which is attached to this order as Exhibit B, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Minor Site Plan to be known as Muller Road Ranches is hereby approved as shown on the site plan drawings prepared by Boggs Planning & Landscape Architect, date stamped received by the St. Lucie County Planning and Development Services Department on September 23, 2020 for the property described in Part "B" below, subject to the following conditions: Environmental Resources Department: Prior to issuance of a Certificate of Occupancy and/or final approval associated with a site development permit or building permit, all Category I listed invasive plants shall be eradicated from the site. Prior to issuance of a vegetation removal permit or exemption, a 100 percent survey per Florida Fish and Wildlife Conservation Commission (FWC) protocol for gopher tortoises shall be provided if any construction activities are proposed within 25 ft. of any gopher tortoise burrows onsite. Prior to issuance of a vegetation removal permit or exemption, a 100 percent survey for Crested Caracara per the US Fish and Wildlife Service (USFWS) protocol shall be provided. Planning & Development Services Department: The developer shall include language on the plat stating that the owners, heirs and assigns of the lots known as Muller Road Ranches agree to participate and shall be a "yes" vote in any lawfully established MSTU, MSBU or other special assessment district created for the purpose of providing paving and/or drainage improvements to Muller Road. B. The property on which this Minor Site Plan approval is being granted is described as follows: Parcel 2: The NW 1/4 of the NE 1/4 of the SW 1/4, Section 34, Township 35 South, Range 39 East, St. Lucie County, Florida. LESS the East 550.00 feet of the NW 1/4 of the NE 1/4 of the SW 1/4, Section 34, Township 35 South, Range 39 East, St. Lucie County, Florida, less the North 25 feet for road right of way. AND The East 3/4 of the NW 1/4 of the SW 1/4, LESS the following: From the NE corner of the NE 1/4 of the NW 1/4 of the SW 1/4, run West along the North line 180 feet; thence South parallel to the East line of the NE 1/4 of the NW 1/4 of the SW 1/4, 275 feet; thence run East parallel to the North line 180 feet; thence run North along the East line of the NE 1/4 of the NW 1/4 of the SW 1/4, 275 feet, to the point of beginning, lying and being in Section 34, Township 35 South, Range 39 East, St. Lucie County, Florida. Page 2 PDS No.2020-060 File No.: MNSP-5202025744 Parcel 3: West 1/2 of the West 1/2 of the NW 1/4 of the SW 1/4, LESS AND EXCEPTING THEREFROM that part deeded to Frank P. Wolf, Jr. and Joan Marie Wolf by Warranty Deed recorded in O.R. Book 178, Page 842, in Section 34, Township 35 South, Range 39 East, LESS rights of way for public roads and drainage canals, all lying and being situated in St. Lucie County, Florida. Together with, The SW 1/4 of the SW 1/4 of Section 34, Township 35 South, Range 39 East, LESS rights of way for public roads and drainage canals, all lying and being situated in St. Lucie County, Florida. Parcel 5: The North 1/2 of the NW 1/4 of the NW 1/4 of Section 3, Township 36 South, Range 39 East, LESS rights of way for public roads and drainage canals, all lying and being situated in St. Lucie County, Florida. C. The approvals granted by this administrative order shall expire after twenty-four (24) months from the effective date unless a plat is recorded in public records 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, including any successors in interest, is advised as part of this Minor Site Plan approval, the developer shall obtain all applicable development permits and construction authorizations from the appropriate State, Federal, and local regulatory agencies including, but not limited to, the Federal Aviation Administration, Federal Communications Commission, Florida Department of Environmental Protection, St. Lucie County Environmental Resources, Public Works, 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 or the County for issuance of this permit if the developer fails to obtain requisite approvals of 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 and Development Services Director and mailed to the developer and agent of record as identified on the site plan applications. F. The conditions set forth in Part A are an integral non-severable 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. Page 3 PDS No.2020-060 File No.: MNSP-5202025744 G. The Site Plan, attached as Exhibit A, shall be valid for the same period as this order. H. The Certificate of Capacity, attached as Exhibit B, 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 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 filled in writing with the County Administrator within thirty (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. J. This order shall bGe recorded in the Public Records of St. Lucie County. ORDER effective the 2��'` day of r , 2020. PLANNING AND DEVELOPMENT SERVICES ST. LUCIF�C• TY, FLO IDA • BY ft" Leslie u son, AIC , Director APPROVED AS TO FORM AND CO ECTNESS County Attorney Page 4 PDS No.2020-060 File No.: MNSP-5202025744 • • • • • EXHIBIT A Site Plan _.. ..ix 1,1 fE ' '•""•. YGISER AOti RANCHES d{LV,114 EMELOPVEF'T PLO 17, tip.' la • 4„ spa• $ .v r.xww•u.ax.. � 1� 1 d M ] 4 � k ____Ffust J......_I... -1`ri MMw' �r4A f f �'w frrt:I3IR PflAII IU�Ft'H4! ._._..a...�.. wwcww"ww — *Mk DNEEbPIIStiT PLAN Page 5 PDS No.2020-060 File No.:MNSP-5202025744 EXHIBIT St Lucie County Certificate of Capacity Date 9/23/2020 Certificate No. 3105 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 Number of square feet 2. Property legal description & Tax ID no. 233431200000000;233433200020005;330322100000008 South side of Muller Road, Muller Road Ranches 3. Approval: Building Resolution No. 2020-060 Letter 4. Subject to the following conditions for concurrency: Owner's name Muller Road LLC, Carlos Vergara Address 7128 Rivers Edge Street Jupiter FL 33458 6. Certificate Expiration Date 9/23/2021 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 Date: 9/23/2020 Planning and Development Services1Director St Lucie County, Florida Wednesday,September 23,2020 Page 1 of 2