HomeMy WebLinkAboutMinor Site Plan Approval PDS 2018-024FILE # 4433174 OR Br,- 4129 PAGE 2289, Recorded'- '�108/2018 04:21:17 PM
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PDS 2018-024
MNSP-1020175208
AN ORDER GRANTING A MINOR SITE,PLAN APPROVAL FOR
A PROJECT KNOWN AS PEACOCK ROAD SUBDIVISION
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the request for a Minor Site Plan submitted by Steve Mahlschnee, evaluated the comments of
the St. Lucie County Development Review Committee on this application, and made the following
determinations:
1. Steve Mahischnee submitted an application for Minor Site Plan approval for a request to..:
subdivide an undeveloped 73.31 acre parcel of land into (3) 24.44 acre lots within the AG-5.
(Agricultural = 5 du/ac) Zoning District, as more particularly described in Part 8 below and
depicted on Exhibit A,
,2... The,Development Review Committee has reviewed the boundary survey for the proposed
project and found, with the proposed conditions, it meets the technical requirements of the St.
Lucie County Land Development Code and has satisfied the standards of review set forth in
Section 11.02.07, Standards for Site Plan Review, of the Land Development Code.
3. Planning Staff has performed a detailed analysis of the- project and determined it to be
consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The
'analysis isfound in the Planning and Development Services Department Memorandum for the
Peacock Road Subdivision, dated April 23, 2018.
4. 'The project wil[not have an undue adverse impact on adjacent property, the character of the
neighborhood, traffic conditions, parking, utility facilities, orother matters affectingthe public
health, safety, and general welfare. .
5. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "W was
signed by the applicant on April 16, 2018.
April 25, 2018
PDS 2018-024
MNSP 1020175208
, Page.1
NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Section 11,02.03 of the St. Lucie County Land Development Code, the proposed,
Minor Site Plan project known as Peacock Road, is hereby approved as shown on the boundary
survey, attached as exhibit A, for the project prepared by Carter Associates, Inc. revised
September 18, 2017, and date 'stamped received by the St. Lucie County Planning and
Development Services Director on October 13, 2017, subject to the following conditions:
1. In accordance with Section 11.03.01, the following language must be included on the
warranty deeds for the property located within the Peacock Road Minor Site Plan:
"NO GOVERNMENTAL AGENCY, INCLUDING ST. LUCIE COUNTY 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 SERVICETOTHE'
PROPERTY HEREIN CONVEYED."
2. Current and/or future -lot ownersand their heirs and assigns within the Peacock Road
it
Subdivision shall agree to participate in.any lawfully established Municipal Service Benef
Un'it, (MSBU) or other Special Assessment District created for the purpose of providing
improvements that shall include but not limited to roadway paving, drainage, and sidewalk
.construction to Peacock Road.
3. Within 90 days of site plan approval, the property owner, the developer, his successors or
assigns, shall -convey to St. Lucie County, h a manner or form acceptable to the St,. Lucie
County Attorney 20 feet of additional right-of-way along the western property boundary
adjacent to Peacock Road.
A. in accordance with Section 11.03.04 of the St. Lucle.County Land Development Code no
further division of an approved lot split is permitted within the Peacock Road Subdivision
unless a final record plat is prepared and approved in accordance with the Code-.
5. 'Prior to the issuance of a Certificate of Occupancy, all Florida Exotic Pest -Plant Council
(FLEPPQ Category I listed plants shall be removed from each individual parcel.
6. The issuance of County development permit does not, in any way, create any rights on the
part of the applicant to obtain a permit from a state or federal agency, and does not create
any liability on the part of the County if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agencyor undertakes actionsthat result
in . a violation of state or federal law.
April 25,2018 MNSP.1020.175208
PIDS 2018-024 Page 2
7. All other applicable state or federal permits must be obtained before commencement of
the development.
B. -The'property on which this Minor Site Plan approval is being granted is described as follows:'
Legal Description: THE WEST 1/2 OF THE SOUTHEAST 1/4, LESS ROAD AND CANAL
RIGHT-OF-WAYS, ALL IN SECTION 13, TOWNSHIP 36 SOUTH, RANGE
38 EAST, ST. LUCIE COUNTY, FLORIDA.
Parcel ID Numbers: 3213-421-0001-000-3
Location: East side of Peacock Road, north of C24 Canal Road
C. The approvals granted by this administrative order shall expire on April 23, 2020, unless (3)
warranty deeds are recorded into public records acknowledging the subdivision, 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 is advised as part of this site plan approval for Peacock Road 'Subdivision,
including any successors in interest, the developer shall obtain all applicable development
permits and construction authorizations from the appropriate State and Federal and local
regulatory agencies including, but not limited to, the United States Army Corps of Engineers,
the Florida Department of Environmental Protection, the South Florida Water.Management
District, and the St. Lucie County Environmental Resources 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 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 filed in writing with the County Administrator within 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 described in Part A,'which plan
April 25, 2018 MNSP 1020175208
PDS 2018-024 Page 3
shall be placed on file with the St. Lucie County Planning and Development Services Director
and mailed to the applicant and agent of record as identified on the site plan applications.
G. The conditions set forth in Part A are an integral nonseverable 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. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 25th day of April, 2018.
PLANNING AND DEVELOPMENT
SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
APPROVED AS TO FORM
AND CORRECTNESS:
BY
APO 25,1018 MNSP 1020175208
PDS2018-024 Page 4
EXHIBIT A
Approved Plans
April 25, 2018 MNSP 1020175208
PDS 2018-024 Page 5 1
r�r '
41
EXHIBIT B
CONCURRENCY DEFERAL AFFIDAVIT
St. Lucie_County
Concurrency Deferral Affidavit
I_ s%Pphe4 Y/A LScresiding or doing business at rg3i StH,5rCr ORft •rr•
Name Street
i=-r PIMCfi FL 'TWO1 '774-S:a-7$70
City Staic Zip Phone
have applied for a 4 oY SPOT from St. Lucie County, Florida,
71 •pe'ofDevelopmentOrder
for the following project: f�6ac°C I'I �'t1
Name of proposed Development
I do hereby affirm that in connection with my application for the above project, I have elected to
defer the certificate of capacity and reservation of capacity in public facilities for the above
property until a later time, but no later than the application for a final development order for The
same property.
1 understand and acknowledge that the above listed property will be subject to the certificate of
capacity before any final development order can be issued, and that St. Lucie County can make
no guarantee that .adequate public facilities will be available when I apply for the 'final
development order.
I 'further acknowledge that according to Section. 5.09.01 of the St. Lucie County Land
Development Code, no final development approval can be granted until capacity in those
facilities is available at that time. The issuance of a preliminary development order without a
certificate of capacity creates no vested or other rights to develop the subject property.
7
Signed: ''W'4 Date:
Alicb&
sTATF, OF FLORIDA
C0UNTY0FSn:.-4 —cic
They foregoing Immment was acknowledged before me this b _day of A ' 20 1 S . by
^. ?be-
-, M ; (. S{J=. e- who is personany known to me or who has produced
�,r•e,Se as identification.
t'+
Signatu ... pe rpritnNameofNotary
Page 1 of I
Revised: April 1, 2008
_April 25, 2618
PD5 2018-024
Commission Number (seal)
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MNSP 1020175208
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