The URL can be used to link to this page

Home My WebLink AboutPDS-21-042 - Minor Site Plan - Brocksmith SubdivisionPDS ORDER 2021-042 File No.: MNSP-4202025730 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS BROCKSMITH SUBDIVISION WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted by KMA Engineering & Surveying, LLC, on behalf of Robert Johnson and Peter and Linda Hays, evaluated the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. On April 21, 2020, KMA Engineering & Surveying, LLC submitted on behalf of Robert Johnson and Peter and Linda Hays, a Minor Site Plan application to be known as Brocksmith Subdivision. The site plan seeks to create a seven (7) lot subdivision. The subject 50.23-acre parcel is located within the AG-5 (Agricultural — 1du/5ac) Zoning District. 2. On March 24, 2021, the St. Lucie County Board of Adjustment denied a Variance Petition, via Resolution 2021-004, to allow a permanent dead-end street to exceed one thousand (1,000) feet in length (2,190-foot) to access a proposed 7-lot subdivision, to be m A M D known as Brocksmith Subdivision. o� o0. , , E - 3. On July 6, 2021, the Board of County Commissioners approved an application for Road 2112 m Paving Waiver request regarding the fair share contribution requirements for the N " P 3 proposed improvements located along the east side of S. Brocksmith Road. nDwZm m �� N o 0 4. The Development Review Committee has reviewed the proposed Minor Site Plan and m found it to meet the standards of review as set forth in Section 11.02.07 of the St. Lucie A o o County Land Development Code. 0 m 5. 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 ° 0 memorandum titled Brocksmith Subdivision - Minor Site Plan (MNSP-4202025730), dated M August 11, 2021. 6. The proposed Minor Site Plan will not have an undue adverse effect on adjacent properties, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 7. 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. 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 Brocksmith Subdivision is hereby approved as shown on the Page 1 PDS No. 2021-042 File No.: MNSP-4202025730 site plan drawings prepared by KMA Engineering & Surveying, LLC, date stamped received on April 20, 2021, by the St. Lucie County Planning and Development Services Department, for the property more particularly described in Part "B" below, subject to the following conditions: Planning & Development Services Department: 1) The developer shall include language on the Plat stating that the owners, heirs and assigns of the lots known as Brocksmith Road Subdivision 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 Brocksmith Road. 2) The County shall reserve the authority and rights, but not the obligation, to acquire the right of way tract and improvements for the future connection of Coker Road, which may be contemplated in the future. This shall be noted on the Plat. 3) The developer shall dedicate the unimproved right-of-way, as depicted on the Site Plan, as a separate tract to St. Lucie County. This shall be noted on the Plat. Environmental Resources Department: 4) Prior to issuance of a Vegetation Removal Permit or Exemption, listed -species surveys, including but not limited to, the state -protected gopher tortoise and federally protected crested caracara, shall be provided to ERD prior to any soil disturbance or initiation of development activity for the site plan, and on a lot -by -lot basis. 5) Prior to issuance of a Vegetation Removal Permit or Exemption, an updated tree survey and tree mitigation plan shall be provided to ERD for review and approval prior to any soil disturbance or initiation of development activity for the site plan per Land Development Code 11.02.09.A. and 6.00.05.D, respectively. 6) Prior to issuance of a Vegetation Removal Permit or Exemption, the developer shall provide an executed Conservation Easement over all onsite wetlands, along with the 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. The applicant shall also provide a georeferenced GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. Property Acquisitions Department: 7) At time of Plat recording, the applicant, property owner, developer, their successors or assigns, shall convey to St. Lucie County in a manner or form acceptable to the County Attorney, forty (40) feet of right-of-way along the entire frontage of the parent parcel along Brocksmith Road. Public Works: 8) Prior to Site Development Permit issuance, the applicant shall design a temporary stabilized cul-de-sac at the terminus of the temporary "T" turnaround. Page 2 PDS No. 2021-042 File No.: MNSP-4202025730 B. The property on which this Minor Site Plan approval is being granted is described as follows: LEGAL DESCRIPTION TRACT 9 LEGAL DESCRIPTION: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, RUN N 000 21'37" W, ALONG THE NORTH -SOUTH 1/4 SECTION LINE, A DISTANCE OF 2057.50 FEET, TO A POINT 595.92 FEET SOUTH OF NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN N 890 38' 23" E, A DISTANCE OF 43.50 FEET, TO THE EAST RIGHT-OF-WAY LINE OF BROCKSMITH ROAD AND THE POINT OF BEGINNING; THENCE RUN N 00' 21' 37" W, ALONG THE SAID EAST RIGHT- OF-WAY LINE, A DISTANCE OF 362.50 FEET; THENCE RUN N 890 38' 23" E, A DISTANCE OF 1291.45 FEET, TO THE NORTH -SOUTH 1/4-1/4 SECTION LINE, THENCE RUN N 000 16' 46" W, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 221.31 FEET, TO THE EAST -WEST 1/4 SECTION LINE; THENCE RUN S 890 50' 26" E, ALONG THE SAID EAST -WEST 1/4 SECTION LINE, A DISTANCE OF 1286.31 FEET TO THE WEST RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 52; THENCE RUN S 000 11' 54" E, ALONG THE SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1332.15 FEET; THENCE RUN S 89' 38' 23" W, A DISTANCE OF 1284.39 FEET; TO THE NORTH -SOUTH 1/4-1/4 SECTION LINE; THENCE RUN N 000 16' 46" W, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 760.00 FEET; THENCE RUN S 890 38' 23" W, A DISTANCE OF 1290.94 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. CONTAINING 50.23 ACRES, MORE OR LESS. ADDRESS: East side of Brocksmith Road, approximately one mile south of Orange Avenue PARCEL ID: 2317-411-0000-000-1 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, Page 3 PDS No. 2021-042 File No.: MNSP-4202025730 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 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. 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. 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 be recorded in the Public Records of St. Lucie County. r rct ORDER effective theo�c..) day of 021. PLANNING AND DEVELOPMENT SERVICES STILUCIE,COUNTI'Y� FLORIDA In ie Olson, AkCP, Director APPROVED AS TO FORM Page 4 PDS No. 2021-042 File No.: MNSP-4202025730 EXHIBIT "All p 4 A MINOR SITE PLAN BROCKSMITH SUBDIVISION Page 5 PDS No. 2021-042 File No.: MNSP-4202025730 EXHIBIT "B" St I:ucie County Certificate of Capacity Date 80.),,20211 Certificate No. 1156 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 Plaii Number of units 0 Number of square feet IJ 2. Prop" legal description & Tax ID no. 23 7-d 1 1-0000-000-1 Bast side M' Brocksinjlh Broad Hrixksmith SUbdiVi-SLOB BftaUksntilll SuhdiV isi011 3. Approval: Bulldinq Resolution No.-2021-042 Letter 4. Subject to the following conditions for concurrency; Owner's name itoheil Johnsau Address 8480linniokolec (toad Fart Pierce l I. 34951 6. Certificate Expiration Date 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 some terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the some property, use and size as described herein. Sle'lle l Date: 8r20.,'2021 Planning and Development Services Director St Lucie County. Florida Fridat, August 20, 2021 PaItr 1 of 2 Page 6 PDS No. 2021-042 File No.: MNSP-4202025730