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Home My WebLink About25-070 PDS ORDER 2025-070 File No.: MNSP-2503-000155 AN ORDER GRANTING APPROVAL OF A MINOR SITE PLAN TO BE KNOWN AS KELLY HEADER CANAL FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF KELLY ROAD AND S HEADER CANAL ROAD IN ST. LUCIE, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted by Red Tail DG, reviewed the comments of the St. Lucie County Development Review Committee on this application, and has made the following determinations: 1. Red Tail DG submitted a Minor Site Plan application on behalf of Belseri Comerford, to be known as Kelly Header Canal which proposes an eight (8) lot subdivision. The 76.47-acre site is located northwest of the Kelly Road and S Header Canal Road intersection, within the AG-5 (Agricultural —5) Zoning District. 2. On May 6, 2025, the Board of County Commissioners approved Resolution No. 2025-105 for a Road Paving Waiver to waive the fair share contribution for improvements to Kelly o Road, based on the minimal traffic impacts anticipated by the proposed development. O • ° 3. The St. Lucie County Development Review Committee has reviewed the proposed Minor Site Plan and found it to meet the technical requirements of the St. Lucie County Land F- _ 8 Development Code, Comprehensive Plan, and has satisfied the standards of review set O n N forth in Section 11.02.07, Standards for Site Plan Review. w o• N 4. Planning staff performed a detailed analysis of the project and found it to be consistent with N N" the St. Lucie County Land Development Code and Comprehensive Plan. The analysis can J;i a be found in the Planning and Development Services Department memorandum titled Kelly 2 8 la Header Canal Minor Site Plan (MNSP-2503-000155), dated July 28, 2025. 0.dW.tNz J w F# 0 5. The project will not have an undue adverse effect on adjacent property, the character of z w 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. 7. 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 Kelly Header Canal is hereby approved as shown on the site plan Page 1 PDS No. 2025-070 File No.: MNSP-2503-000155 drawings prepared by Red Tail DG, revision dated May 20, 2025, for the property more particularly described in Part "B" below, subject to the following conditions: 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, a 35-foot right-of-way dedication along Kelly Road and a 25-foot corner clip at the intersection of Kelly Road and Header Canal Road. 2) Within 90 days of Site Plan approval, the applicant, property owner, developer, successors, or assigns shall obtain a revocable license agreement for the existing fence located within the right-of-way donation area. If the agreement is not approved, the fence shall be relocated outside the limits of the future right-of-way. 3) The proposed subdivision shall require a plat that conforms to the approved site plan and the provisions of LDC Section 11.03.01. The plat shall depict the shared access easements as shown on the Minor Site Plan, specifically between Lots 1 and 2, Lots 3 and 4, Lots 5 and 6, and Lots 7 and 8. 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 Kelly Road. B. The property on which this Minor Site Plan approval is being granted is described as follows: LEGAL DESCRIPTION THE SOUTH 1/2 OF SOUTHEAST 1/4 OF SECTION 14 AND THE EAST 20.00 FEET OF THE SOUTHEAST 1/4 OF SOUTHEAST 1/4 OF SAID SECTION 14, LESS AND. EXCEPTING THE EAST 90.60 FEET AND THE SOUTH 49.00 FEET THEREOF FOR ROAD AND CANAL RIGHT- OF-WAY ALL BEING SITUATED IN TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. CONTAINING 3,331,074 SQUARE FEET OR 76.470 ACRES, MORE OR LESS. LOCATION: Address TBD— NW corner of Kelly Road and S Header Canal Road. . PARCEL ID: 2214-341-0001-000-8 C. The approval granted by this administrative order shall expire twenty-four(24) months from the effective date, unless a plat is approved and recorded in accordance with the approved Site Plan 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. D. The developer, including any successors in interest, is advised as part of this Minor Site Plan approval for Kelly Header Canal,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, Page 2 PDS No. 2025-070 File No.: MNSP-2503-000155 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 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. I. 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. J. This Order shall be recorded in the Public Records of St. Lucie County. Sk ORDER effective the day of A/V.0' , 2025. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE C , FLO BY Benjam cer, Al Planning & Development Services Director APPROVED AS TO FORM AND CORf7CTNESS ic,4 41,, County Attorney Page 3 PDS No. 2025-070 File No.: MNSP-2503-000155 EXHIBIT "A" Minor Site Plan • 111111 fit _ . —.-_ .-._41 r' �- tf I'k 1` w0 11 =1 II ! pill ,; it 1 1 .: (-� ---r_.� _ i 1r -' (riff ° �r Jill R. :, 5 mi1i a 0 1I1 co 0 ; -I: 1 " ff $4 --e I i r if � I; t wo 4-1 CII4 • 'Ilit II `III = ;: m r er- I tv �' 1 O � � 5555§5 'I i ll ItI 1 I 1 —.. 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Page 4 PDS No. 2025-070 File No.: MNSP-2503-000155 EXHIBIT "B" Certificate of Capacity St Lucie Count Certificate of Capacity Date 3 1'2025 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 ',i Pi.., Number of units 1, Number of square feet 2.Property legal descnption& Tax ID no. 2214-341-0001-000-8 NW corner of S Header Canal Road&Kell) Road Kelly Header Canal Kelly header(anal 3.Approval: Building Resolution No. 2025-070 Letter 4.Subject to the following conditions for concurrency: )r fir'11'• Owner's name Betseri L Comerford Address 794 S Military Trail Deerfield Beach FL 334.12 6.Certificate Expiration Date s I 'f '' 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 ordecial issued or the same property. use and size as described herein. C Signed Planning and Development Services Director St Lucia County.Florida Friday, \u uct I.2025 ,f 1 Page 5 PDS No. 2025-070 File No: MNSP-2503-000155