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HomeMy WebLinkAboutPDS-21-050 - Minor Site Plan - Tres TesorosMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4935608 10/11/2021 08:59:15 AM OR BOOK 4700 PAGE 175 - 182 Doc Type: ORD RECORDING: $69.50 PDS ORDER 2021-050 File No.: MNSP-11202025896 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS TRES TESOROS WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted by Culpepper & Terpening, Inc., on behalf of Emma Viamontes, evaluated the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. On November 20, 2020, Culpepper & Terpening, Inc. submitted on behalf of Emma Viamontes, a Minor Site Plan application to be known as Tres Tesoros. The site plan seeks to create a six (6) lot subdivision. The subject 36.757-acre parcel is located within the AG-5 (Agricultural — 1 du/5ac) Zoning District. 2. On July 7, 2020, the Board of County Commissioners approved an application for Road Paving Waiver request regarding the fair share contribution requirements for the proposed improvements located along the east side of S. Brocksmith 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 Tres Tesoros - Minor Site Plan (MNSP-11202025896), dated September 28, 2021. 5. 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. 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. 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 Tres Tesoros is hereby approved as shown on the Site Plan drawings prepared by Culpepper & Terpening, Inc., date stamped received on June 4, 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: Page 1 PDS No. 2021-050 File No.: MNSP-11202025896 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 Tres Tesoros 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 S. Brocksmith Road. Environmental Resources Department. 2) Prior to issuance of a Certificate of Occupancy all Category I listed invasive plants shall be eradicated from the site. B. The property on which this Minor Site Plan approval is being granted is described as follows: NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4; SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTH 85 FEET OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 ALL IN SECTION 29, TOWNSHIP 35 SOUTH, RANGE 39 EAST, SAID PROPERTY BEING OTHERWISE DESCRIBED AS LOT(S) 18, 23, 26 AND THE NORTH 85 FEET OF LOT 31, AN UNNAMED SUBDIVISION OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 39 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. EXCEPTING THEREFROM ALL RIGHTS OF WAY FOR PUBLIC ROADS AND DRAINAGE CANALS LESS AND EXCEPT ALSO THE FOLLOWING: ALL OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTH OF OKEECHOBEE ROAD (STATE ROAD #70) IN ST. LUCIE COUNTY, FLORIDA. SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTH 85 FEET OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 ALL IN SECTION 29, TOWNSHIP 35 RANGE 39 EAST, SAID PROPERTY BEING OTHERWISE DESCRIBED AS LOTS 23, 26 AND THE NORTH 85 FEET OF LOT 31, AN UNNAMED SUBDIVISION OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 39 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA. FURTHER LESSING THEREFROM ADDITIONAL RIGHT-OF-WAY FOR STATE ROAD 70 A PORTION OF LOT 23 AND LOT 26, SUBDIVISION OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 39 EAST, AS RECORDED IN PLAT BOOK 3, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING NORTHERLY OF STATE ROAD 70 (OKEECHOBEE ROAD), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BOAT SPIKE MARKING THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE NORTH 00°11'05" EAST ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER (1/4) OF SAID SECTION 29, A DISTANCE OF 1,997.96 FEET TO A POINT OF THE BASELINE OF SURVEY FOR STATE ROAD 70 (OKEECHOBEE ROAD AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR SECTION 94030-2505; THENCE SOUTH Page 2 PDS No. 2021-050 File No.: MNSP-11202025896 76014'12" WEST ALONG SAID BASELINE OF SURVEY, A DISTANCE OF 32.90 FEET; THENCE NORTH 13°45'48" WEST ALONG A LINE AT A RIGHT ANGLE FROM THE PREVIOUSLY DESCRIBED COURSE, A DISTANCE OF 66.00 FEET TO A POINT ON THE NORTHERLY EXISTING RIGHT OF WAY LINE FOR SAID STATE ROAD 70 (OKEECHOBEE ROAD); THENCE SOUTH 76°14'12" WEST ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 917.44 FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A CHORD BEARING OF SOUTH 72*20'11" WEST; THENCE RADIUS OF2,930.79 FEET, THROUGH A CENTRAL ANGLE OF 07°48'03", AN ARC LENGTH OF 399.03 FEET TO THE INTERSECTION OF SAID NORTHERLY EXISTING RIGHT OF WAY LINE, THE EAST LINE OF SAID LOT 23 AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID CURVE AND SAID NORTHERLY EXISTING RIGHT OF WAY LINE, HAVING A CHORD BEARING OF SOUTH 53043'44" WEST, A RADIUS OF 2,930.79 FEET, THROUGH A CENTRAL ANGLE OF 299-24-51", AN ARC LENGTH OF 1,504.60 FEET TO THE END OF SAID CURVE; THENCE SOUTH 51 °56'40" WEST ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 7.49 FEET; THENCE NORTH 52°50'16" WEST ALONG SAID NORTHERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 82.04 FEET TO A POINT ON THE EASTERLY EXISTING RIGHT OF WAY LINE FOR BROCKSMITH ROAD, AS RECORDED IN DEED BOOK 76, PAGE 292 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 00°27'56" EAST ALONG SAID EASTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 312.03 FEET; THENCE NORTH 89°46'43" EAST, A DISTANCE OF 43.71 FEET; THENCE SOUTH 00°13'17" EAST, A DISTANCE OF 21.74 FEET TO A POINT ON A CURVE CONCAVE EASTERLY, HAVING A CHORD BEARING OF SOUTH 10007'25" EAST; THENCE SOUTHERLY ALONG SAID CURVE, HAVING A RADIUS OF 340.00 FEET THROUGH A CENTRAL ANGLE OF 19048'17", AN ARC LENGTH OF 117.52 FEET TO THE END OF SAID CURVE; THENCE SOUTH 43°49'52" EAST, A DISTANCE OF 87.66 FEET; THENCE SOUTH 87°49'17 EAST, A DISTANCE OF 18.77 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY, HAVING A CHORD BEARING OF NORTH 44017'26" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 3,019.79 FEET, THROUGH A CENTRAL ANGLE OF 04°12'44", AN ARC LENGTH OF 222.01 FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A CHORD BEARING OF NORTH 58°30'45" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 3,105.00 FEET, THROUGH A CENTRAL ANGLE OF 21°06'22", AN ARC LENGTH OF 1,143.79 FEET TO A POINT ON THE EAST LINE OF SAID LOT 23 AND THE END OF SAID CURVE; THENCE SOUTH 00019'32" WEST ALONG SAID EAST LINE, A DISTANCE OF 28.86 FEET TO THE POINT OF BEGINNING. ALSO LESS & EXCEPT: A STRIP OF LAND, 40.00 FEET WIDE LOCATED IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SAID SECTION 29; THENCE SOUTH 00001'27" EAST ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29, A DISTANCE OF 15.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 15.00 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29; THENCE NORTH 89039'09" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 53.50 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BROCKSMITH ROAD AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°39'09" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 40.00 FEET TO A POINT ON A LINE 40.00 FEET EASTERLY OF AND PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY LINE OF BROCKSMITH ROAD; THENCE SOUTH 00°01 '27" EAST ALONG SAID PARALLEL LINE, A Page 3 PDS No. 2021-050 File No.: MNSP-11202025896 DISTANCE OF 1501.59 FEET; THENCE SOUTH 89°46'33" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BROCKSMITH ROAD; THENCE NORTH 00001'27" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1501.50 FEET TO THE POINT OF BEGINNING. CONTAINING 36.757 ACRES, MORE OR LESS. ADDRESS: 3606 S. Brocksmith Road, Fort Pierce, FL 34982 PARCEL ID: 2329-501-0018-000-3 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 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. Page 4 PDS No. 2021-050 File No.: MNSP-11202025896 J. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 30day of 2021. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY / Leslie Olson, AICP, Director r APPROVED AS TO FORM Page 5 PDS No. 2021-050 File No.: MNSP-11202025896 EXHIBIT "A" j esa�a4`.%f �� `Ft sr fS+� acaners:, r. !;s re,zf a �s eta=adg ;s= 5<3 iS�w� tr lY rfi�x 'i a = r� .4 eff�• 3 lS tl s .. uii A r =t1 -'f S'• ° iA 3 � x 2t _ _ +•1 is F 44 `. tf }sy 1 k r ic:( a y 1 t 16 ;I sl ry4 i { =s= ? r It +a=A 4 r a � t5' i xi ' il�t y a� '•3 f �; � flSlt;i ly �' �c! aFi � — a t�s s •�j ie 9 9 ,�1 4i ; r S! ='a r � � .. j i fs l al 1, pp4t f tf!5 � P f� r--. ... R ,` is •' .+• ss 1s (:> j ;$ ; Ytl ' A Page 6 PDS No. 2021-050 File No.: MNSP-11202025896 EXHIBIT "B" Page 7 PDS No. 2021-050 File No.: MNSP-11202025896 St Lucie County Certificate of Capacity Date 9/28/2021 Certificate No. 3165 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 6 Number of square feet 2. Property legal description & Tax ID no. 2329-501-0018-000-3 3606 S. Brocksmith Road, Fort Pierce, FL Tres Tesoros 3. Approval: Building Resolution No. 2021-050 Letter 4. Subject to the following conditions for concurrency: Owner's name Emma Viamontes Address 1125 Club Drive For Pierce FL 34982 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 same terms and conditions as the underlying development orderissued with this certificate, or for subsequent developmenk�arderis}issued-fqr the same property, use and size as described herein. Signed 4 " l Ll "�(/ �_ Date: 9/30/2021 �-� Planning and Development Services Director St Lucie County, Florida Thursday, September 30, 2021 Page 1 of 2