The URL can be used to link to this page

Home My WebLink AboutPDS-22-012 - Muller Road Plat - Toth AcresPDS ORDER 2022-012 File No.: MNSP-3202125993 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 PLAT - TOTH ACRES WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted by Red Tail DG, evaluated the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: Red Tail DG submitted a Minor Site Plan, on behalf of Daniel J. and Gessica Toth, to be known as Muller Road Plat — Toth Acres. The site plan proposes a four (4) lot subdivision of a 37.18-acre property located south of Muller Road, approximately one -quarter mile east of Eleven Mile Road, within the AG-5 (Agricultural — 1du/5ac) Zoning District. 2. On November 16, 2021, the Board of County Commissioners granted approval of a Road Paving Waiver, and waived the fair share contribution based on the minimal traffic impacts anticipated by the proposed development. 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 Plat — Toth Acres Minor Site Plan (MNSP-3202125993), dated April 14, 2022. 5. The proposed 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 Muller Road Plat — Toth Acres is hereby approved as shown on the site plan drawings prepared by Red Tail DG, date stamped received by the St. Lucie County Planning and Development Services Department on March 4, 2022, for the property described in Part "B" below, subiPrt following conditions: MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY a pRD FILE # 5032713 04/2912022 02:27:07 c T Page 1 ROOK48 $PAGE453-458 DocTyp = PDS No. 2022-012 File No.: MNSP-3202125993 1. Within 90 days of the recorded order of approval, the applicants, property owners, developers, successors, or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the County Attorney, 20 feet of right-of-way on Muller Road. 2. Within 90 days of the recorded order of approval, the applicants, property owners, developers, successors, or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the County Attorney, 15 feet of right-of-way on Price Road. 3. The proposed subdivision shall require a Plat approval by the Board of County Commissioners conforming to the site plan and the provisions of the LDC Section 11.03.01. 4. The developer shall include language on the future Plat documents stating the current and future owners and their heirs/assigns 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. 5. No vehicular driveway access shall be granted onto Price Road to Muller Road 4 Plat Subdivision until the right-of-way (Price Road) is improved and paved to County Road Standards. 6. 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: LEGAL DESCRIPTION LEGAL DESCRIPTION: THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, EXCEPTING THEREFROM ALL RIGHTS OF WAY FOR PUBLIC ROADS AND DRAINAGE CANALS. SITUATE IN THE COUNTY OF SAINT LUCIE, STATE OF FLORIDA CONTAINING 37.18 ACRES, MORE OR LESS. PARCEL ID: 2333-411-0000-000-1 ADDRESS: South of Muller Road, approximately one -quarter mile east of Eleven Mile Road. 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, construction authorizations, and Plat approval from the appropriate State, Federal, and local regulatory agencies including, but not limited to, the Federal Aviation Administration, Page 2 PDS No. 2022-012 File No.: MNSP-3202125993 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. 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 filed 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 3 PDS No. 2022-012 File No.: MNSP-3202125993 This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 15��` day of A r� i , 2022. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY KW .� -��• Mayte SantaMaria,-Pfannirig Director APPROVED AS TO FORM Page 4 PDS No. 2022-012 File No.: MNSP-3202125993 Page 5 EXHIBIT "A" (Site Plan) �71• y `c_1 l L �wmvreeuT.is 4s Qi Yud9 sRY�P cow NO 9? "T •iOwTM M.Y i MULL FOAO PLAT- MTa ACRIS PDS No. 2022-012 File No.: MNSP-3202125993 EXHIBIT "B" (Certificate of Capacity) St Lucie Count,*, Certificate of Capacity Date Ir t [;22 Certificate No, ; 18.1 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 Miner wilt I'14n Number of Units -1 Number of square feet it 2. Property legal description & Tax ID no. -33:3- I11-0000-000- i South oi' Mollcr Road, FA,;of I hewn Milc Rd Mul let, Road Mal - I oth Acres Fotn (41, 1w, 3. Approval: Building Resolution No. 1022-012 Letter d. Subject to the following conditions for concurrency: (: nttd+ti��tt< nt A-,ltT VAl sire MAlin:x1 111 PDS 0rdLT 202-2-012 Owner's name I),tIIicII -ariiI CSSiL❑ tnth Address 1 I0-34 MUIler RoL,.,l FOrl. NQIC 11 34945 S. Certificate Expiration Date .a;15,'202 t 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 order issued with this tertlflcate, or for subsequent development order i issued for t e same property, use and size as described herein. t!, r Signed L' C�� .•_� �- t 11,tle, a11;121122 Planning and Development Services Director St Lucie County, Florida Vri d:tr , A prll 15, 2012 Page 6 PDS No. 2022-012 File No.: MNSP-3202125993