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HomeMy WebLinkAbout25-090 PDS ORDER 2025-090 File Number: MNSP-2503-000159 mo�D3 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES o m DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A o o zNAc�im MINOR SITE PLAN FOR THE PROJECT KNOWN AS THE MULLER p W co m m ROAD SUBDIVISION TO SUBDIVIDE A 30.76 ACRE PARCEL "poCr LOCATED ON THE NORTH SIDE OF MULLER ROAD, 8 m N{ APPROXIMATELY 0.55 MILES EAST OF ELEVEN MILE ROAD, IN ST A N m LUCIE COUNTY, FLORIDA. 8 t 9.1 0 O N m WHEREAS the St. Lucie County Planning and Development Services Director have reviewed the A 4. request for a Minor Site Plan for the Muller Road Subdivision, reviewed the comments from the 0 Development Review Committee, and has made the following determinations: 2 v f) 1. Bradley Currie, AICP, of Haley Ward, Inc., applied for a Minor Site Plan, on behalf of 0 Russel and Connie Grace, for approval to divide a 30.76-acre parcel into three lots, for a project known as the Muller Road Subdivision. The subject property is located on the north side of Muller Road, 0.55 miles east of Eleven Mile Road, as more particularly described in Part "B" below, and depicted in Exhibit "A", and within the AG-2.5 (Agricultural 2.5) and AG-5 (Agricultural-5) Zoning Districts. 2. On September 2, 2025, the Board of County Commissioners approved a Road Paving Waiver, including waiver of a fair share contribution via Resolution 2025-180. The Board cited the project's nominal traffic impacts and limited right-of-way, conditioning the approval commitment to participation in any lawfully established MSTU, MSBU or other special assessment district created for the purpose of paving and/or drainage improvements to Muller Road. 3. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet the requirements as set forth in Section 11.02.07 of the St. Lucie County Land Development Code and to be consistent with the general purpose, goals, and objectives, of the St. Lucie County Comprehensive Plan. 4. 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 entitled Muller Road Subdivision - Minor Site Plan, dated October 15, 2025. 5. The proposed Minor 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. 6. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through tower 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: Page 1 PDS No.: 25-090 File No.: MNSP-2503-000159 A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Site Plan is hereby approved as shown on the drawing prepared by Haley Ward, Inc. with a date of 8/24/2025 for the property described in Part "B" below, subject to the following conditions. 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, the developer shall provide an executed Conservation Easement and approved Preserve Area Monitoring and Management Plan (PAMMP) as applicable 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 GIS shapefile or CAD file of the conservation easement boundaries, as well as the closure report to St. Lucie County. 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., an Environmental Impact Report shall be provided with any proposed development improvements. 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., a formal wetland jurisdictional determination or Environmental Resource Permit (ERP) shall be provided from the appropriate state and/or federal agencies. 4) 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. 5) 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 the initiation of any clearing activities. 6) Prior to the issuance of a Certificate of Occupancy, all Category I listed invasive species shall be eradicated from the subject site. 7) A `No Rise Certificate' by a certified engineer is required for permitting limited construction within the regulatory floodway areas. 8) 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, 5 feet of right-of-way along the frontage of Muller Road, as determined by the Public Works Department. 9) For development on individual parcels, a topographic survey with elevation markers shall be provided with the building permit, site development permit or site plan submittal(s). B. The property on which this Minor Site Plan for the Muller Road Subdivision is being granted is described as follows: Parcel ID No: 2334-231-0001-000-9 Page 2 PDS No.: 25-090 File No.: MNSP-2503-000159 LEGAL DESCRIPTION THE SW 1/4 OF THE NW 1/4, SECTION 34, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. LESS THE FOLLOWING: A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS THE WEST 50 FEET AND THE SOUTH 25 FEET FOR CANAL AND ROAD RIGHTS OF WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF MULLER ROAD (50' R/W) WITH THE EAST RIGHT OF WAY LINE OF CANAL NO. 92 (50' R/W) OF THE NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT; THENCE NORTH, PARALLEL WITH THE WEST LINE OF SAID SECTION 34, A DISTANCE OF 878.56; THENCE NORTHERLY, ALONG A LINE MAKING AN ANGLE OF 178°23'55" TOWARD THE NORTHEAST FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 414.49 FEET TO THE NORTH LINE OF THE SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE EASTERLY, ALONG THE SAID NORTH LINE, MAKING AN ANGLE OF 91°55'30" TOWARD THE EAST FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 250.00 FEET; THENCE SOUTHERLY, ALONG A LINE MAKING AN ANGLE OF 88°04'30" TOWARD THE SOUTH FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 250.00 FEET; THENCE SOUTHWESTERLY, ALONG A LINE MAKING AN ANGLE OF 150°45'20" TOWARD THE SOUTHWEST FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 379.52 FEET; THENCE SOUTH, ALONG A LINE MAKING AN ANGLE OF 210°50'45" TOWARD THE SOUTH FROM THE LAST DESCRIBED COURSE AND PARALLEL WITH THE SAID WEST LINE OF SECTION 34, A DISTANCE OF 718.56 FEET TO THE SAID NORTH RIGHT OF WAY LINE OF MULLER ROAD; THENCE WEST ALONG THE SAID RIGHT OF WAY LINE, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. ALL OF THE ABOVE DESCRIBED SITUATE IN ST. LUCIE COUNTY. AND ALSO LESS AND EXCEPT COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF MULLER ROAD WITH THE EAST RIGHT OF WAY LINE OF CANAL NO. 92 OF THE NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT; THENCE EAST, ALONG THE NORTH RIGHT OF WAY OF MULLER ROAD, A DISTANCE OF 60 FEET TO AN IRON ROD AND CAP BEING THE POINT AND PLACE OF BEGINNING; THENCE, CONTINUE EAST ALONG THE WEST RIGHT OF WAY LINE OF MULLER ROAD, A DISTANCE OF 161.54 FEET TO AN IRON ROD AND CAP; THENCE, IN A NORTHERLY DIRECTION, FORMING AN ANGLE TO THE RIGHT OF 91°33'23" WITH THE PREVIOUS COURSE, RUN 1,034.57 FEET TO AN IRON ROD AND CAP; THENCE, IN A SOUTHWESTERLY DIRECTION, FORMING AN ANGLE TO THE RIGHT OF 29°14'40", RUN 379.52 FEET TO AN IRON ROD AND CAP; THENCE, IN A SOUTHERLY DIRECTION, FORMING AN ANGLE TO THE RIGHT OF 149°09'15", RUN 708.97 FEET TO THE NORTH RIGHT OF WAY OF MULLER ROAD, ALSO BEING THE POINT AND PLACE OF BEGINNING. SAID LANDS LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. ALSO DESCRIBED AS: THAT PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF MULLER ROAD WITH THE EAST RIGHT OF WAY LINE OF CANAL NO. 92, OF THE NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT, THENCE EAST ALONG THE NORTH RIGHT OF WAY LINE OF MULLER ROAD, A DISTANCE OF 222.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01°31'50" EAST A DISTANCE OF 1028.84 FEET; THENCE NORTH 31°00'01" EAST A DISTANCE OF 16.37 FEET; THENCE NORTH 01°45'21" EAST, A DISTANCE OF 244.26 FEET TO THE NORTH LINE OF THE SW 1/4 OF THE NW 1/4 OF SAID SECTION 34. CONTAINING 30.70 ACRES, MORE OR LESS. C. The approval granted by this administrative order shall expire after twenty-four (24) months from the effective date unless a plat is recorded or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. Page 3 PDS No.: 25-090 File No.: MNSP-2503-000159 D. The developer, including any successors in interest, is advised as part of this Minor Site Plan, 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 United States Army Corps of Engineers, the Florida Department of Environmental Protection, South Florida Water Management District, 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 "B". 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. 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 drawing, 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 site plan 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. I. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the IL/day of October 2025. PLANNING ' V- :' TNT SERVICES ST. LUC • 4 NTY, FL BA BY A — Benjamir Ba er, AIC'' i re or APPROVED AS TO FORM AND CORRECTNES Interim County Attorney Page 4 PDS No.: 25-090 File No.: MNSP-2503-000159 EXHIBIT "A" (Approved Site Plan) , — — — — - - r —— �-— --.�-7- o _ MI 1 I 1 11 I in 111s lii!11= '. j 1 1 _! . .-** i 1 1 - I, j s y • � L s 1 s �' lei' IV 1 it i� Ff ' fa Ai '1! 1,. __ __-__-__—__—__ _ ______- I. i '� 1i I �i HI;I ! t{ *, 3.1i ii ' 1 -. 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I ;1 il : � i=il ii�� i 1 ii ! 2j_'< i fi iii, MI I I :°Ii s '• I Page 5 PDS No.: 25-090 File No. MNSP-2503-000159 EXHIBIT "B" (Certificate of Capacity) St Lucie County- Certificate of C'apacitv Date 10/6 2025 Certificate No. 3366 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 PDS Order 25-099 Number of units 0 Number of square feet 2. Property legal description & Tax ID no. North side of Muller Rd 3. Approval: Building Resolution No. Letter 10425 4. Subject to the following conditions for concurrency: Owner's name Russel&Connie Grace Address 9900 Muller RD Fort Pierce FL 34945 6. Certificate Expiration Date 10/6.2025 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 order(s) issued for the same property, use and size as described herein. Signed Date: 10 :202 Planning and Development Services Director St Lucie County, Florida Monday,October 6,2025 Page I of 1 Page 6 PDS No.: 25-090 File No.: MNSP-2503-000159 EXHIBIT "B" (Certificate of Capacity) St Lucie C'ounn- Certificate of Capacity Date 10/612025 Certificate No. 3366 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 PDS Order 25-099 Number of units 0 Number of square feet 2. Property legal description & Tax ID no. North side of Muller Rd 3. Approval: Building Resolution No.. Letter 10'6 25 4. Subject to the following conditions for concurrency: Owner's name Russel&Connie Grace Address 9900 Muller RD Fort Pierce FL 34945 6. Certificate Expiration Date 10 6 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 orderissuecl with this certificate. or for subsequent development s or ame property, use and size as described herein. Signed Date: 10,'61_025 l ning and Development Services Director St Lucie County, Florida Monday,October 6._025 Page I of 1 Page 7 PDS No.: 25-099 File No.: MNSP-2503-000159