HomeMy WebLinkAboutAllen Lot Split PDS Order RecordedST. LUCIE
Board of County
Commissioners
Chris Dzadovsky
DISTRICT I
Chair
Sean Mitchell
DISTRICT 2
Vice -Chair
Linda Bartz
DISTRICT 3
Frannie Hutchinson
DISTRICT 4
Cathy Townsend
DISTRICT 5
Administration
Howard Tipton
COUNTY
ADMINISTRATOR
Dan McIntyre
COUNTY ATTORNEY
August 24, 2021
Justin M. Allen
Cheryl L. Allen
105 NW Swann Mill Circle
Port St. Lucie, FL 34986
Re: Allen Lot Split -File No. LS 7202126095
2080 Pulitzer Road
Dear Mr. & Mrs. Allen,
Enclosed please find a recorded copy of the Planning & Development
Services (PDS) Order 2021-041 denying the referenced Lot Split request for
property located at 2080 Pulitzer Road. The recorded PDS Order includes an
analysis memorandum dated July 28, 2021, outlining the determination
based on the St. Lucie County Land Development Code.
If you should have any questions, please feel free to contact myself at email
pendarvisl@stlucieco.org, phone 772-462-2822 or Ben Balcer, Assistant PDS
Director, Ben Balcer at email balcerb@stlucieco.org.
&�� ahvzw
Linda Pendarvis
Planning Manager
Attached: PDS Order2021-041
Linda Pendarvis I Planning Manager I Planning & Development Services Department
2300 Virginia Avenue I Fort Pierce, FL 34982 (772) 462-2822 :,'•: (772) 462d591 0 (772) 462-2331 Qwwwstlucieco.gov
FILE # 4911816 OR BOOK 4669 PAGE 2731, Recorded 08/19/2021 11:05:42 AM
PDS ORDER 2021-041
File No.: LS - 9201925599
AN ORDER DENYING A LOT SPLIT FOR THE PROPERTY
CONSISTING OF 19.54 ACRES LOCATED ON THE EAST SIDE OF
NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO.
54 RIGHT-OF-WAY AKA PULITZER ROAD, APPROXIMATELY 1.4
MILES SOUTH OF ORANGE AVENUE, OWNED BY JUSTIN & CHERYL
ALLEN.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
application for a Lot Split submitted by Justin M. and Cheryl L. Allen, evaluated the comments of
the St. Lucie County Development Review Committee, and made the following determinations:
1. The Lot Split application has been denied for the property consisting of 19.54 acres,
which holds a zoning designation of AG-5 (Agricultural -5), located on the east side of the
North St. Lucie River Water Control District (NSLRWCD) Canal No. 54 Right -of -Way aka
Pulitzer Road, approximately 1.4 miles south of Orange Avenue and legally described as
follows:
LEGAL DESCRIPTION (SUBJECT PROPERTY)
THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 FAST, LESS AND EXCEPT THE
WEST 44 FEET THEREOF, ALL LYING AND BEING IN ST. LUCIE COUNTY,
FLORIDA.
TOGETHER WITH ALL BENEFITS APPURTENANT TO THE PROPERTY
CONVEYED HEREBY AND SUBJECT TO ALL BURDENS APPURTENANT TO
THE PROPERTY CONVEYED HEREBY SET FORTH IN THAT CERTAIN
EASEMENT AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 3123,
PAGE 1925, AS AMENDED IN OFFICIAL RECORDS BOOK 3569, PAGE 859, ALL
OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA.
2. The Development Review Committee has reviewed the Lot Split Application for the
subject property and found it did not meet the technical requirements of the St. Lucie
County Land Development Code and does not satisfy the standards of review set forth in
Section 11.03.04(D) of the St. Lucie County Land Development Code.
The Planning & Development Services Director has determined that the proposed Lot
Split is inconsistent with the general purpose, goals and objectives of the St. Lucie
County Comprehensive Plan and the Land Development Code and is not in the best
interest of the health, safety, and public welfare of the citizens of St. Lucie County,
Florida.
4. Planning staff has provided an analysis of the parcel's eligibility for a one-time split
pursuant to Section 11.03.04 of the St. Lucie County Land Development Code. That
analysis can be found in the attached memorandum dated July 28, 2021, entitled Allen
Lot Split— File No. LS-72021226095, 2080 Pulitzer Road.
Page 1 PDS No. 2021-041
File No., LS-7202126095
NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of
St. Lucie County, Florida:
A. Pursuant to Section 11.03.04 of the St. Lucie County Land Development Code, the Justin
M. and Cheryl L. Allen Lot Split is hereby denied as shown on the Boundary and
Topographic Survey drawing prepared by CivilSury Design Group, Inc. and date stamped
by the Planning and Development Services Department on July 9, 2021, based on the
following:
1. The subject property is a nonconforming lot of record lacking 100% minimum road
frontage requirement within the AG-5 Zoning District as defined in the Land
Development Code.
2. Pursuant to the St. Lucie County Land Development Code (LDC) a Lot Split shall
not involve the establishment of a new street.
3. The subject property abuts the North St. Lucie River Water Control District Canal
No. 54 Right -of -Way aka Pulitzer Road that does not conform to the design
specification for Public Works Construction of a roadway.
4. Resolution No. 99-99 of the Board of County Commissioners of St. Lucie County
states the NSLRWCD Canal 54 Right -of -Way easement and ingress/egress
access along and over the easterly canal bank dedicated to the County is not a
public road.
B! Based on the evidence and analysis presented, this Lot Split Application is denied.
C. This Order shall become effective upon the date indicated below. An appeal from the
Planning and Development Services Directors action may be processed within thirty (30)
days following the rendition of the decision of this Order in accordance with Section
11.11.01(8)(3).
D. A copy of this Order shall be attached to the boundary survey described in Pad A and
shall be placed on file in the Planning and Development Services Department.
E. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the day of 2021.
PLANNING AND DEVELOPMENT SERVICES
ST. UCI CO NTY, FLORIDA
BY
Leslie Olson, AICP, Director
APPR�TO FOR
AND CO T ES
County Attomey
Page 2 PDS No. 2021-041
File No.: LS-7202126095
rmnuuly auu ucvetvpulnur
Services Department
Planning Division
MEMORANDUM
TO: Leslie Olson, AICP, Director
THROUGH:
Benjamin Balcer, Assistant Director
FROM:
Linda Pendarvis, Planning Manage
DATE:
July 28, 2021
SUBJECT:
Allen Lot Split — File No. LS-7202126095
2080 Pulitzer Road
Justin M. Allen and Cheryl L. Allen submitted a Lot Split application to subdivide a 19.54-acre parcel
abutting the North St. Lucie River Water Control District Canal No. 54 along the west and south property
line boundaries. The proposed Lot Split will consist of one 10-acre parcel and a 9.54-acre parcel.
This memorandum will provide an analysis and recommendation for the request related to the division of a
19.54-acre parcel, identified by Parcel IDH2317-333-0000-000/2 in accordance with Section 11.03.04 —
Procedure for Minor Replats and Lot Splits and County records
The following background information will analyze the proposed Lot Split of the subject property and the
surrounding properties. Pursuant to the St. Lucie County Land Development Code (LDC) a Lot Split is the
division of land into two (2) contiguous lots or parcels without involving the establishment of a new street.
Background
Property Owner:
Justin M. Allen
Cheryl L. Allen
105 NW Swann Mill Circle
Port St. Lucie, FL 34986
Parcel ID Number:
2317-333-0000-00012
Parcel Size:
19.54 acres
Address:
2080 Pulitzer Road
Existing Use:
Vacant
Zoning:
AG-5 (Agricultural-5, Idu/Sac)
Future Land Use:
AG-5 (Agricultural-5, Idu/5ac)
Existing Right -of -Way:
None
ST. LUCIE WORKS
Urban Service Boundary: Outside
Water/Wastewater: Well/Septic System
2018 Aerial
The subject property is within the AG-5 (Agricultural - 5) Zoning District, with a corresponding Future
Land Use designation. The site is located outside the Urban Service Boundary (USB); potable water and
wastewater will be provided through well and septic systems approved by the Florida Department of Health.
The above parcel is nonconforming because it does not meet the minimum road frontage requirement of 60
feet within the AG-5 Zoning District and as defined in Section 2.00.00 Definitions ofthe Land Development
Code, as follows.
Frontage: The length of a lot that fronts on a public street or that fronts on a private street having
been constructed in conformance with the St. Lucie County Standard Specifications for Public
Works Construction
TABLE 7-10
LOT SIZE AND DIMENSIONAL REQUIREMENTS
Zoning
District
Maximum
Gross
Density
Du/Ac
Minimum
Lot Size
(so
Minimum
Lot Width
rin`imu
oa
roots
AG-5
AGRICULTURAL-5
0.2
217,800
150
NONCONFORMING LOT OF RECORD
The subject parcel is nonconforming because it does not meet the minimum road frontage of 60 feet that is
required with the AG-5 Zoning District. Should a parcel not meet the minimum dimensional requirements
within the zoning district it is located, such lot must be in separate ownership and not contiguous to other
lots in the same ownership prior to July 1, 1984. Research of County records has determined that the subject
property was not contiguous to other lots in the same ownership as of July 1, 1984, accordingly, this parcel
is considered anon -conforming lot of record pursuant to Section 10.00.01, Land Development Code (LDC).
As a result, the subject property can be developed with a single-family home and customary accessory
buildings subject to meeting all applicable local, state and federal codes.
A recorded easement providing access to this property from the closest public road (Brocksmith Road) will
be required at the time of submission of any building permit application.
ANALYSIS
Pursuant to the St. Lucie County Land Development Code (LDC) adopted on January 1, 1990, a property
owner may apply for a one-time Lot Split free from any previous division of land. Following is staffs
review, of the deeds for the subject property and adjacent properties, it has been determined that there has
not been a previous lot split since the adoption of the 1990 LDC.
*#R**##*h#k#*h***#**#*##k#*kkkkkkkkkk#kk#*ktk******k*kkk*k**k*
STANDARDS FOR LOT SPLIT REVIEW
AS SET FORTH IN THE ST. LDCIE COUNTY
LAND DEVELOPMENT CODE SECTION 11.03.04
St. Lucie County Land Development Code (LDC) Section 11.03.04 establishes the Standards of Review
for Lot Splits. The proposed lot split shall be granted only if it complies with the following standards of
review:
1. Each lot conforms with the requirements of this Code.
The subject property is a nonconforming lot of record lacking road frontage for a parcel located within the
AG-5 (Agricultural - 5) Zoning District, with a corresponding Future Land Use designation. The site is
located outside the Urban Service Boundary (USB); potable water and wastewater will be provided through
well and septic systems approved by the Florida Department of Health.
The above parcel is nonconforming because it does not meet the minimum road frontage of 60 feet that is
required within the AG-5 Zoning District and as defined in Section 2.00.00 Definitions of the Land
Development Code, as follows.
Frontage: The length of a lot that fronts on a public street or that fronts on a private street having
been constructed in conformance with the St. Lucie County Standard Specifications for Public
Works Construction
TABLE 7-10
LOT SIZE AND DIMENSIONAL REQUIREMENTS
Zoning
Maximum
Minimum
Minimum
'inimu
District
Gross
Lot Size
Lot Width
oa
Density
(so
roots
Du/AC
AG-5
AGRICULTURAL-5
0.2
217,800
150
2. Each lot shall abut a public or private street (except as hereinafter provided) for the
required minimum road frontage for the Zoning District where the lots are located.
The subject property does not abut a public or private street to satisfy this standard of review. The sixty
(60) feet right-of-way dedication abutting this property to the north described thru the Schirard Estates
Subdivision plats is not improved to the St. Lucie County Standard Specifications for Public Works
Construction.
In 2005, the Schirard Estates Subdivision plats dedicated 60 feet of right-of-way labeled as Pulitzer Road
recorded in public records: Phase I Plat Book 46 Pages 4-6 and Phase 2 Plat Book 50 Pages 17-19. This
right-of-way dedication is not constructed as a street; does not connect to a street constructed to St. Lucie
County Standard Specifications for Public Works Construction; and does not extend beyond the north and
south boundaries of the Schirard Estates Subdivision. Subsequently, the parcel does not satisfy the
minimum road frontage requirement for parcels within the AG-5 Zoning District.
Pulitzer Road
On June 8, 1999, the St. Lucie County Board of County Commissioners adopted Resolution No. 99-99 for
the sole purpose to name a certain portion of a 41 ft. to 46 ft. right-of-way easement over the easterly portion
of North St. Lucie River Water Control District Canal 54 as Pulitzer Road. Paragraph 8 of Resolution No.
99.99 stated the following:
Nothing in this Resolution as stated in Paragraph 6above shall be construed as indicating the intent ofthe
Board to accept maintenance of this Ingress/Egress Access or construed that the North St. Lucie River
Water Control District is dedicating this Ingress/Egress Access to the County for use as a "public road".
The area described is not a "public road" and will not be maintained by St. Lucie County.
3.
The subject property does not abut a street right-of-way that conforms to the design specifications for Public
Works Construction. This property abuts the North St. Lucie River Water Control District to the west and
south property lines.
The St. Lucie County Land Development Code defines streets as follows and specifically does not include
easements.
Street: Public or private ways that have been set aside through dedication, deed, or condemnation
for public or private use or that have become a public way by prescriptive use, without regard to
maintenance responsibility, but not including easements.
On December 18, 1959, the North St. Lucie River Drainage District granted St. Lucie County a forty-six
(46) foot Right -of -Way Easement for the construction and maintenance of a County road including but not
limited to the summary of conditions as follows:
• Said road shell not in any manner whatsoever interfere with, impede, or hamper the canal system.
• The County will indemnify and save harmless Drainage District, its drainage system and/or
Drainage Canal No. 54, arising out of the construction and maintenance of aforesaid road.
• If said road occupies any area, on Drainage District's canal right-of-way, necessary for the
depositing of spoil, vegetation and/or waste material removed from Canal No. 54, in the ordinary
operation of cleaning and maintaining same, then and in that event the County assumes all
responsibility for the removal of such spoil.
Development Review Committee
On July 13, 2021, this Lot Split Application was distributed to the Development Review Committee and
the following comments have been received.
Determination of Compliance with Property Acquisitions Requirements —Property Acquisition Division,
LegalDepartment
The parcel has the following frontage:
• North St Lucie River Water Control District Canal No. 54 is owned and maintained by North St.
Lucie River Water Control District. St. Lucie County was granted an easement of 46' for
ingress/egress known as Pulitzer Road, from the District, recorded in Deed Book 255 Page 306.
• There is a 20' ingress/egress and drainage easement located southeast from Brocksmith Road
recorded in OR Book 3123, Page 1925. An amendment was recorded in OR Book 3569, Page 859.
• The south side of the parcel abuts an unopened North St. Lucie River Water Control District right-
of-way.
Determination of Complimrce wits Environmental Requirements — Environmental Resources
Department
Background The Environmental Resources Department (ERD) is in receipt of Planning and Development Services July
9, 2021, date -stamped submittal. The applicant is seeking approval to split the existing parent tract (Parcel
ID 2317-333-0000-000-2) into two (2) lots to create Lot 1 totaling 10.00 acres and Lot 2 totaling 9.54 acres.
The project is located at 2080 Pulitzer Rd in Ft. Pierce and currently consists of one (1) 19.54-acre tract of
land zoned AG-5.
Findings
The proposed lot split is not anticipated to result in any adverse environmental impacts, as no development
activities are proposed at this time. When site development activities are proposed, ERD will conduct
further review through the building permit review process.
Recommendation
Planning staff has provided an analysis of the parcel's eligibility for a one-time lot split approval pursuant
to Section 11.03.04 of the St. Lucie County Land Development Code. Staff finds that the subject 19.54-
acres of land area is not eligible for lot split approval following the Land Development Code requirements
since the subject property does not front on a public or private street that is constructed in conformance
with the St. Lucie County Standard Specifications for Public Works Construction.
Staff recommends denial of the requested Allen Lot Split located at 2080 Pulitzer Road.