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Home My WebLink AboutPDS-23-074 - Brocksmith SubdivisionWHEREAS, the St. Lucie County Planning and Development Services Director has reviewed t request for development order extension timely submitted by Darren Guettler, P,E., on behalf the owners, Robert Johnson, Peter Hays, and Linda Hays and has made the followi determinations: I 1 On April 21, 2020, KMA Engineering & Surveying, LLC submitted on behalf of the owners 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 — 5, ldu/5ac) Zoning District, 2. On July 6, 2021, 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. #Sol# = laoffiml IN,, ffio 01 IMF 0111,011IN& 03tom', 4. On September 23, 2022, Governor DeSantis issued Executive Order 22-218 declaring a state of emergency due to Hurricane Ian, later amended to include the entire state by Executive Order (EO) 22-219, This state of emergency has been extended multiple times, through Executive Orders (EO) 22-268, 23-21, 23-60, 23-104, and most recently by 23- 139, which extended the period to September 11, 2023. The eligible tolling period for this emergency declaration is three hundred and fifty-three (353) days, plus twenty-four (24) months. 5On November 7, 2022, Executive Order (EO) 22-253 was issued declaring a state of emergency in thirty-four (34) counties in Florida due to the threat of Subtropical Storm Nicole, later upgraded to a hurricane. The declaration of emergency for Executive Order (EO) 22-253, amended to include the entire state through Executive Orders (EO) 22-255 and 22-256. This state of emergency was also extended through Executive Orders (EO) 23-02, 23- 48, 23-87, and most recently 23-133. The eligible tolling period for this emergency declaration is two hundred and ninety-four (294) days, plus twenty-four (24) months. 6. On June 28, 2023„ Senate Bill 250, was approved by the Governor and effective July 1, 2023, amended §252.363(1)(a), increasing the extension of the expiration dates for such permits or other authorizations from six (6) months to twenty-four (24) months per SOE (plus the duration of the emergency declaration), but limiting the extended period under overlapping SCEs to forty-eight (48) months. The applicant applied for this extension on August 31, 2023. MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5257656 10/2012023 10:00:44 AM OR BOOK 5060 PAGE 1523..1527 Doc'rype� ORD File No.: EDO-2308-000032 RECORDING$44.00 PDS No. 2023-074 Page 1 7. Planning Staff performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County development order granting site plan approval through PDS Order 2023-074. Further analysis is found in the memorandum titled Brocksmith Subdivision Executive Order Extension, dated October 10, 2023. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Section 252.363 Florida Statutes of the State of Emergency Act, the Minor Site Plan for the project known as Brocksmith Subdivision has been found to be eligible for this statutory extension. The approval granted under PDS Order 2021-042 is now extended from its last scheduled expiration date of September 23, 2023, and is now scheduled to expire September 23, 2027, for the property described in Part B, is hereby approved and shall comply with all conditions of approval as recorded. 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 No.: EDO-2308-000032 PDS No. 2023-074 Page 2 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. B. The property on which this development order extension 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 00° 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 89° 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 89° 38' 23" E, A DISTANCE OF 1291.45 FEET, TO THE NORTH-SOUTH 1/4-1/4 SECTION LINE; THENCE RUN N 00° 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 89° 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 00° 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 00° 16' 46" W, ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 760.00 FEET; THENCE RUN S 89° 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. File No.: EDO-2308-000032 PDS No. 2023-074 Page 3 PARCEL ID: 2317-411-0000-000-1 C. This approval and authorization granted by this order for the purpose of obtaining building permits on this property, shall expire on September 23, 2027, unless the developer has obtained a Final Plat approval for the site plan/subdivision or an extension has been granted in accordance with Section 11.02.06(B)(1), St. Lucie County Land Development Code. D. The conditions set forth in Part A are an integral non severable part of the site plan approval as granted by this extension. 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, this development order extension approval granted by this resolution shall become null and void. E. The Certificate of Capacity granted by the Planning and Development Services Director shall remain valid for the period of this development order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. F. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning and Development Services Department. G. This Order shall)be recorded in the Public Records of St. Lucie County. nik ORDER effective this / day of OC/ 6 , 2023. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA .y7,et____ C � BY Benjamin Balcer, AICP APPROVED AS TO FORM AND CORRE NESS: 4 , / County Atto, - File No.: EDO-2308-000032 PDS No. 2023-074 Page 4 EXHIBIT —A BROCKSMITH SUBDIVISION Date Approval Approval Granted Expiration Comments Date 09/23/2021 PDS Order Minor Site Plan 09/23/2023 Approved 2021-042 07/06/2021 Res No. Road Paving Waiver N/A Approved 2021-304 File No.: EDO-2308-000032 PDS No. 2023-074 Page 5