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Home My WebLink About23-166 RESOLUTION No. 2023-166 File No.: MJSP-2303-000107 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING MAJOR SITE PLAN APPROVAL FOR AN ELEVEN (11) LOT SUBDIVISION, INCLUDING TEN (10) AGRICULTURAL LOTS AND ONE STORMWATER AND ACCESS TRACT TO BE KNOWN AS CARLTON ESTATES, WITHIN THE AG-5 (AGRICULTURAL — 5, 1DUI5AC) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to findings in the staff report and traffic analysis review, has made the following determinations: 1. McCarty & Associates Land Planning and Design LLC, on behalf of KOA Development LLC, presented a Major Site Plan to develop an eleven (11) lot subdivision, including ten (10) agricultural lots and one stormwater and access tract to be known as Carlton Estates. The site is east of Carlton Road, approximately 2 miles north of Glades Cut Off Road at 9480 Carlton Road, Port St. Lucie, FL, within the AG-5 (Agricultural — 5, 1 du/5 ac) Zoning District, as legally described in Paragraph "B" and depicted on the attached map as Exhibit "A". 2. On May 24, 2023, the Board of Adjustment approved BOA Resolution No. 2023-006 granting a variance from the provisions of St. Lucie County Land Development Code Section 7.05.02 (Streets) to allow a permanent dead-end street to exceed one thousand (1,000)feet in length. 3. On October 3, 2023, the Board of County Commissioners approved Resolution 2023- 173 granting a Road Paving Waiver and a waiver of the fair share contribution based on the minimal traffic impacts generated by the proposed development. 4. On October 3, 2023, this Board held a public meeting on this petition. 5. The Development Review Committee has reviewed the site plan petition for the project and found 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 St. Lucie County Land Development Code. 6. 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 titled Carlton Estates - Major Site Plan (MJSP-2303-000107) dated September 15, 2023. 7. All reasonable steps have been taken to minimize any adverse effect on the immediate vicinity through site design and landscaping screening. Resolution No. 2023-166 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT File No. MJSP-2303-000107 SAINT LUCIE COUNTY Page 1 FILE Y 525634310/18//202311.3]25 AM OR BOOK 5059 PAGE 294-300 Doc Type.RESO RECORDING: $61.00 8. The proposed Major Site Plan, with conditions, therein, will not have undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public safety, and general welfare. 9. The proposed project 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Major Site Plan is hereby approved as shown on the drawing prepared by McCarty & Associates Land Planning and Design LLC, for the property described in Part "B" below, subject to the following conditions: 1) Within 180 days of issuance of a Vegetation Removal Permit or Exemption, all Category I listed invasive plant species shall be eradicated from the site. 2) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., a vegetation removal permit or exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 3) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., listed species surveys shall be updated as necessary per individual species-specific requirements. If any listed species impacts are found to be present as a result of these surveys, appropriate mitigative measures per state and federal agency requirements shall be provided prior to initiation of any clearing activities. 4) The developer shall include language on the final plat stating that the owners, heirs and assigns of the lots indicated on the proposed plat known as Carlton Estates 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 Carlton Road. B. The property on which this Major Site Plan is being granted is described as follows: Legal Description: PARCEL 1: THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY FLORIDA, LESS AND EXCEPT THE WEST 100 FEET FOR PUBLIC ROADS AND DRAINAGE. CONTAINING 910,645 SQUARE FEET OR 20.9055 ACRES, MORE OR LESS. TOGETHER WITH: Resolution No. 2023-166 File Na MJSP-2303-000107 Page 2 PARCEL 2: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. CONTAINING 1,969,372 SQUARE FEET OR 45.2105 ACRES, MORE OR LESS. CONTAINING IN ALL 2,880,018 SQUARE FEET OR 66.116 ACRES, MORE OR LESS. ADDRESS: 9480 Carlton Rd Port St. Lucie, FL 34987 PARCEL I.D. NO.: 4203-223-0001-000-7 &4203-211-0001-000-0 C. This Major Site Plan 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 is advised as part of this Major Site Plan approval that the property owner(s), developer, etc. including any successors in interest, 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, Florida Department of Transportation, South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works, and Building Departments prior to the commencement of any development activities on the property described in Part A. Issuance of this permit 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 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. The conditions set forth in Part "A" are an integral non-severable part of the Site Plan approval granted by this Resolution. 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 Resolution shall become null and void. F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit "C" and made a part hereof the Resolution, was granted by the Planning & Development Services Department Director on October 5, 2023. G. A recorded copy of this Resolution shall be attached to the site plan drawings described in Part "B", which plan shall be placed on file with the St. Lucie County Planning & Development Services Department. H. This Order shall become effective upon the date indicated below. An appeal of the Board of County Commissioners' action may be processed within thirty (30) days in accordance with Section 11.11.02.F, of the St. Lucie County Land Development Code. Resolution No. 2023-166 File No. MJSP-2303-000107 Page 3 I. This Resolution shall be recorded in the Public Records of St. Lucie County. After motion and second. the vote on this resolution was as follows: Cathy Townsend, Chair AYE Linda Bartz, Vice-Chair AYE Commissioner Christopher Dzadovsky AYE Commissioner Larry Leet AYE Commissioner Jamie Fowler AYE PASSED AND DULY ADOPTED this 3rd day of October. 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY Lt.)..,\,,L. 94.4 AIR ATTEST: APPROVED AS TO FORM AND CORRECTNESS: d I()r / DE UTY CLER COUNTY ATT plEY oJxx-01 coM�� s . ..-i ...,, m s -z z? r4 . ikz. , ,,,.. co %miry F100°' Resolution No. 2023-166 File No. MJSP-2303-000107 Page 4 I Exhibit "A" Location Map 4 N s 06e Subject Parcel Resolution No. 2023-166 File No. MJSP-2303-000107 Page 5 Exhibit "B" Site Plan • _7______ __ ____ ________________ 411` ts. • 1, , I 1.71 ill q 1:I I I Il - Ili I I II I I I il 1 i i I !ill !III I II il I IN i iI! 7 ';' (111511 I I I 0 II 4 ! „ I t II ' ii • c' : I I I 16 1 i 1111 iii 15 I r, it. 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X- lc i 1 • 1 `•,----', •„.......,:L.L........L 17\ __ ' - ----- --T-------.._.---- -...ii--.21--- 1\,& r .1 liF . ! piLli . oiR ‘i I t ii MI7 Carlton Estates St Lucie County F lotiea Major Site Plan ..- -, • Resolution No. 2023-166 File No. MJSP-2303-000107 Page 6 Exhibit "C" Certificate of Capacity St Lucie County Certificate of Capacity Date lur 'u_S Certificate No. 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 Major Site Plan Number of units ui Number of square feet 2.Property legal description& Tax ID no. •1203-223-0001-000/7&4203-211-0001-000/0 9480 Carlton Road,Port St.Lucie,FL 34987 Carlton Estates 3.Approval: Building Resolution No. 2.1123-I 66 Letter 4. Subject to the following conditions for concurrency: )ii ned in Res.No.2023-166 Owner's name he);\ Development LLC Address 9304 Scarborough CT Port St.Lucie FL 34986 6.Certificate Expiration Date 10/3/2025 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 r(s)issued for the same property,use and size as described herein. Signed 7 Date: 10/5/2023 Planning and Development Services Director St Lucie County,Florida Thursday.October 5.2023 Pace I of I Resolution No. 2023-166 File No. MJSP-2303-000107 Page 7