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Home My WebLink AboutPDS-23-087 - Pineapple Kelly PDS ORDER 2023-087 File No. MNSP-2212-000054 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS 195 ACRE PINEAPPLE KELLY. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted by Redtail Design Group, on behalf of Belseri Comerford from BLC Land, LLC, evaluated the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Redtail Design Group submitted a Minor Site Plan on behalf of Belseri Comerford from BLC Land, LLC, for a Minor Site Plan to be known as 195 Acre Pineapple Kelly. The site plan includes a request to create a five (5) lot subdivision located south of Pineapple Ln., North of Kelly Road, and west of Header Canal Road. The subject 194.93-acre property is located within the AG-5 (Agricultural — 5) Zoning District and described in Part "B". 2. 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. 3. 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 195 Acre Pineapple Kelly (MNSP-2212-000054), dated November 27, 2023. 4. 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. 5. 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 195 Acre Pineapple Kelly is hereby approved as shown on the site plan drawings prepared by Redtail Design Group, dated July 6, 2023, for the property described in Part "B" below, subject to the following conditions: Environmental Resources: 1. Within 30 days of Minor Site Plan approval, applicant or agent shall apply for an after-the- fact Vegetation Removal Permit with an accompanying Tree Mitigation Plan. 2. Prior to commencement of development, including, but not limited to clearing, filling, MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Page 1 SAINT LUCIE COUNTY PDS No. 2023 087 File No.: MNSP 2212-000054 RE FILE# 5280097 12/19/2023 11:47:49 AM BOOK 5085 PAG12602233 623-627 Doc Type:ORDN RECORDING: $44.00 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 future development upon any proposed lots, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., an Environmental Impact Report (EIR) consistent with Land Development Code 11.02.09.A.5. including but not limited to, state and federal listed species-specific surveys, habitat mapping, soils surveys, and an evaluation of avoidance and minimization of impacts to natural resources, shall be required. 4. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site. 5. Prior to commencement of development of any associated properties, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., a formal wetland jurisdictional determination or Environmental Resource Permit (ERP) shall be required from the appropriate State and/or Federal agencies. Property Acquisitions: 6. Within 90 days of developmental approval, the applicant, property owner, developer, successors, or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the County Attorney, 35' of right-of-way along the frontage of Kelly Road, as determined by the Public Works Department. Planning: 7. Prior to recording of the Plat, cross access easements between lots A and B, lots B and C, and lots D and C will be recorded with the St. Lucie County Clerk of Courts. B. The property on which this Minor Site Plan approval is being granted is described as follows: LEGAL DESCRIPTION THE SOUTHWEST QUARTER OF SECTION 14, AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM ALL RIGHT OF WAY FOR PUBLIC ROADS AND DRAINAGE CANALS. CONTAINING 194.93 ACRES, MORE OR LESS. PARCEL ID: 2214-311-0001-0005 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. Page 2 PDS No. 2023-087 File No.: MNSP-2212-000054 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. 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. F. A copy of this Order shall be attached to the site plan drawings, which shall be placed on file with the St. Lucie County Planning and Development Services Department and copies provided to the developer and agent of record as identified on the site plan application. G. 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 approval granted by this Order shall become null and void. 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 be recorded in the Public Records of St. Lucie County. ORDER effective the p� / day of November, 2023. PLANNING AND DEVELOPMENT SERVICES ST. LU NTY FLORIDA BY jamin Balcer, AICP APPROVED AS TO FORM AND CO ECTNESS County Attorney Page 3 PDS No. 2023-087 File No.: MNSP-2212-000054 EXHIBIT "A" (Approved Site Plan) ,.,. II klk ' , - • 11 . - ri'II iE- 11 II i' , .. , I 1 g...z•a.P°u.1 ''';': -,,',-',9 it3 i i •---,,,Tok , 1 kk; Yr/ W; i ,k :k ,, ' • I ir2 ,,--.. .- J71,_. I . k •--.,:kA k - 5 11 o ' !t E ii tit r6 r. , i 1 If kk /; Pi -. 7..: 14 f3 :4 to [I if ; d. ..st 'I' 'i•4 —'4. r I . 1: ill 11 . -• IX' 1 .___-- " -..----,---- ---- 3- li ----- ----- -- ... I 4 t:• I '' iti,253 . , i i a h 11 I410! I T q _ 5c1„i r il r' 1 • z A rn 14 $ *t It i L _-_______-___--i_J[ Page 4 PDS No. 2023-087 File No.: MNSP-2212-000054 EXHIBIT "B" (Certificate of Capacity) St Lucie County Certificate of Capacity Date 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 Minor Site Plan (Ag/Res) Number of units 5 Number of square feet 2. Property legal description & Tax ID no. 2214-311-0001-000-5 3. Approval: Building Resolution No. Letter 4. Subject to the following conditions for concurrency: Owner's name Belseri Comerford BLC Land, LLC 2700 S. Header Canal Road Address Fort Pierce, FL 34954 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 developme er ' sued fo e same property, use and size as described herein. Signed Date: /Z/6/00 Z3 Planning and Development Services Director I St Lucie County, Florida Page 6 PDS No. 2023-087 File No.: MNSP-2212-000054