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Home My WebLink About24-027 PDS ORDER 2024-027 File No.: MNSP-2309-000083 AN ORDER GRANTING APPROVAL OF A MINOR SITE PLAN TO BE KNOWN AS ST. NICHOLAS OAKS FOR PROPERTY LOCATED ON THE EAST SIDE OF SHINN ROAD (APPROXIMATELY 1.5 MILES SOUTH OF ORANGE AVE.), FORT PIERCE, FLORIDA NHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the •equest for a Minor Site Plan submitted by Richard Laventure, PSM, of Laventure & Associates, >n behalf of Eduardo A. Leal, reviewed the comments of the St. Lucie County Development Review o 1:ommittee on this application, and has made the following determinations: s 0 ce 1. On September 5, 2023, Richard Laventure, PSM, of Laventure & Associates, submitted a g Minor Site Plan application on behalf of Eduardo A. Leal. The Minor Site Plan, to be known LL as St. Nicholas Oaks, includes a nine (9) lot subdivision. The project site consists of the Y •L04 combined 305.4-acre property, located on the east side of Shinn Road, approximately 1.5 LLIW miles south of Orange Avenue, located within the AG-5 (Agricultural —5, 1 du/5 ac) Zoning 0 W District. WZgQU) J 3 N 0[8 u),0 2. The St. Lucie County Development Review Committee has reviewed the proposed Minor W z z Site Plan and found it to meet the technical requirements of the St. Lucie County Land J J O Development Code, Comprehensive Plan, and has satisfied the standards of review set =QZ W m° forth in Section 11.02.07, Standards for Site Plan Review. Oce 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 St. Nicholas Oaks Minor Site Plan (MNSP-2309-000083), dated March 29, 2024. 4. The project will not have an undue adverse effect on adjacent property, 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. 6. 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 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 St. Nicholas Oaks is hereby approved as shown on the site plan drawings prepared by Atlantic Civil Engineering, Inc, date stamped received on September 5, 2023, by the St. Lucie County Planning and Development Services Department, for the Page 1 PDS No. 2024-027 File No.: MNSP-2309-000083 property more particularly described in Part "B" below, subject to the following conditions: Environmental Resources Department: 1) 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. 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, listed species surveys shall be updated as required per state and/or federal survey protocol. Should any listed species be found because of these updated surveys, appropriate permits from state and federal agencies shall be required. 3) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site. Planning and Development Services: 4) Prior to or concurrent with recording warranty deeds or similar instruments to divide the agricultural lots in accordance with the site plan, shared access easements between lots 2 and 3, lots 4 and 5, lots 6 and 7, and lots 8 and 9 shall be recorded with the St. Lucie County Clerk of Courts. The applicant shall provide copies of the recorded instruments, including the access easements, within 30 days of recording. 5) All deeds and other conveyances corresponding with the Site Plan shall include (unless a plat is recorded for the subdivision), in red, ten-point type, the following statement: "NEITHER ST. LUCIE COUNTY NOR ANY OTHER GOVERNMENTAL OR PUBLIC AGENCY IS RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS, OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS OR DRAINAGE SERVICE TO THE PROPERTY HEREIN CONVEYED.". B. The property on which this Minor Site Plan approval is being granted is described as follows: LEGAL DESCRIPTION THE EAST 1/2 OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LESS AND EXCEPT RIGHTS-OF-WAY OWNED BY THE NORTH ST. LUCIE WATER CONTROL DISTRICT FOR ITS LATERAL CANALS NUMBERED 54 AND 55 AND COUNTY RIGHT- OF-WAY FOR SHINN ROAD (C-609A), ST. LUCIE COUNTY, FLORIDA. Said Lands situated in St Lucie County, Florida. LOCATION: SECTION 19 TWP. 35 SOUTH, RNG. 39 EAST, ST. LUCIE COUNTY, FLORIDA PARCEL ID: 2319-111-002-000-0 C. The approval granted by this administrative order shall expire twenty-four(24) months from the effective date, unless division is completed in accordance with the approved Site Plan Page 2 PDS No. 2024-027 File No.: MNSP-2309-000083 and applicable Land Development Code, or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. C. The developer, including any successors in interest, is advised as part of this Minor Site Plan approval for St. Nicholas Oaks, 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. D. 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. E. 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. F. The Site Plan, attached as Exhibit "A", shall be valid for the same period as this order. G. 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. H. 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. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the day of 40 > , 2024. PLANNING AND DEVELOPMENT SERVICES ST. LUCE-C .4 , LORIDA BY Page 3 PDS No. 2024-027 File No.: MNSP-2309-000083 Benjamin Balcer, AICP, Planning & Development Services Director APPROVED AS TO FORM AND CORR CTNESS County Attorney Page 4 PDS No. 2024-027 File No.: MNSP-2309-000083 I— CO N aD O O ' CD N O O �1 N O) . O O cO lµ SHINN.ROAD—CANAL 55 — SHINN ROAD CANAL 55 Z N m x. PROJECT DATA: —{;. ,,�, _ _ — — .,..a.,.c�N»•., �,.•.,,..•.. 41 ..,..•.o� ,... . 0 .,,.• �•�' t 2 3 o.1 1 6 4 5 6 7 8 9 •..... m,,.> >^.,,.. ,.v��.>�.r j ,.x �s ,.6�w�Ys•`; i l: , ...x ,1 ".s ,.a>°'A cy ,.ai ii.s 'MIMS SC ''''' 7.'44 I cs 7 it QAl R rk as xe Ta x VLL ..w sir I _� _ ,.,,., 4' 0. .sue., I%I X .C i I III ,, I; g W t30 � r 1•� _ fai fsr __ 7iJ�— — 'b; emsrxvuTka� a Fs---- +''R.+ � s. t — worr n="-- y—eerir—=1' I 29 20 CANAL 54, . CANAL 5N — — — — 20 1 T —ll ENERAL NOTES• ,t>IM T.o-rt�a-r•ri^OroK NR = .o«utMz. SITE PLAN 3 ATLANTIC CIVIL ENGINEERING INC `„ I - .,. CONSULTING ENGMEENS :I. \1('1101.\S 0:\hR em ma.aao•>.,•> 1.0 0) co CI_ EXHIBIT "B" Certificate of Capacity St Lucie Count C ertific ate of Capacity Dale 4129/2024 Certificate No. 32S6 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 Comorehensive Plan for. 1. Type of development Mincr Site?fan Number of units C Number of square feet 2. Property legal description 8 Tax ID no. 2319-111-002-000-0 East side of Shinn Road,South of Orarz°e Ave. St.Nicholas Oafs 3. Aooroval: Buildina Resolution No. 2024-027 Letter 04/29.24 4. Subject to the following conditions for concurrency: See?DS Order No.2024-02 Owner's name Eduardo A.Leal Address 22C Estuary Dr. Vero Beach FL 32963 6. Certificate Expiration Date 4.29 2C26 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 develo ment orderissued with this certificate,or for subsequent developm t o i ed the same property.use and size as described herein. Signed Date:4-29 1024 Planning and Development Services Director St Lucie County. Florida Page 6 PDS No. 2024-027 File No.: MNSP-2309-000083