Loading...
HomeMy WebLinkAboutBOA Agenda Packet 10.27.2021LuIl BOARD OF ADJUSTMENT AGENDA ST. LUCIE COUNTY Regular Meeting Wednesday, October 27, 2021 9:30 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS CHAIR ROBERT LOWE SR. VICE -CHAIR CHIEF DEREK FOXX COMISSIONERS ALEXANDER TOMMIE STEWART MENCER KEVIN GRIFFIN Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 355 Regular Meeting Wednesday, October 27, 2021 9:30 AM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES A. Approval of the September 22, 2021 BOA Meeting Minutes S. SWEAR IN STAFF MEMBERS 6. PUBLIC COMMENTS 7. AGENDA ITEMS A. Sparler, Kenneth J. - Variance Request from the minimum rear building setback requirements within the Harbour Ridge, Cinnamon Village PUD (Planned Unit Development). B. Allen Lot Split - Appeal a decision of the Planning and Development Services Director to deny the request to subdivide a 19.54 acre parcel. C. Prima Vista Commons Building Height Variance from the provisions of Section 7.04.01(A) Table 7- 10 maximum building height of 35 feet requirement within the RM-5 (Residential, Multi -family -5 du/ac) Zoning District to construct five (5), 48-unit, 4 story multi family residential buildings up to 42 feet in height. 8. OTHER BUSINESS 9. ANNOUNCEMENTS 10. ADJOURN NOTICE: The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be 21u,iip Page 2 of 355 Regular Meeting Wednesday, October 27, 2021 9:30 AM based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least forty-eight (48) hours prior to the meeting. Any questions about this agenda may be referred to the St. Lucie County Board of Adjustment at 772-462-2822. 31u,iip Page 3 of 355 BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Regular Meeting September 22, 2021 Convened: 9:34 am Adjourned: 10:10 am 1. CALL TO ORDER The meeting was called to order at 9:34 AM by Chair Lowe 2. PLEDGE OF ALLEGIANCE Invocation led by Mr. Mencer. Pledge of Allegiance led by Chair Lowe. 3. ROLL CALL Mr. Tommie arrived at 9:37 am. Present Board Member Stewart Mencer, Board Member Alexander Tommie, Vice -Chair Derek Foxx, President Bob Lowe Excused Board Member Kevin Griffin 4. APPROVAL OF MINUTES A. Approval of the August 25, 2021 BOA Meeting Minutes RESULT: APPROVE MOVER: Board Member Stewart Mencer SECONDER: Vice -Chair Derek Foxx AYES: Bob Lowe, Derek Foxx, Stewart Mencer NAYS: None EXCUSED: Alexander Tommie S. SWEAR IN STAFF MEMBERS Board Secretary swore in staff as follows: Linda Pendarvis, Planning Division Manager Page 4 of 355 Board of Adjustment Wednesday, September 22, 2021 9:30 AM Bethany Grubbs, Planner 6. PUBLIC COMMENTS None. 7. AGENDA ITEMS A. Crandall Setback Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion S. Public Comment 6. Board Discussion/Decision STAFF PRESENTATION: Bethany Grubbs, SLC, Planner, made a presentation of a variance of the minimum building setback requirements in the Harbour Ridge, Royal Fern Village PUD (Planned Unit Development) to: Allow a patio deck and screen enclosure to encroach into the required 20- foot rear yard setback by no more than 3.38-feet, providing a 16.62-foot rear yard setback. Presentation entailed public notification, aerial, zoning district, survey, and mail notice response. The Variance sought does not arise from conditions that are unique and peculiar to the property and does not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff is recommending denial of the variance as it does not confirm to a strict interpretation of the Standards of Review as set forth in St. Lucie County's Land Development Code Section 10.01.02. APPLICANT PRESENTATION: Tyson Waters, Applicant Attorney, 3461 SE Willoughby Blvd, Stuart, FL. Hardship is due to the safety of guests, which include young family members that are frequent visitors. HOA approval was included in the packet. The front setback was actually pushed back when originally built. Similar variances were approved in the area. 3.38 ft set back. BOARD DISCUSSION: Chair Lowe inquired if the owner knew about this issue. Mr. Waters responded that he did not know about the setback dynamics. Mr. Mencer inquired regarding the uniqueness of this property. Ms. Grubbs stated that staff recommended denial because it was not unique and peculiar. Mr. Tyson stated that it is a pie shape and it is more narrow than the rear. Mr. Mencer inquired regarding other similar requests. Ms. Grubbs presented other previously approved similar variances. Chair Lowe stated that HOA approved the request and Ms. Grubbs confirmed that they did not object. Ms. Pendarvis added the property backs up to a 2 1 P, : Page 5 of 355 Board of Adjustment Wednesday, September 22, 2021 9:30 AM waterway to the golf course and that it does not impact adjacent properties to the rear. PUBLIC COMMENT: None. BOARD DISCUSSION: Mr. Mencer motioned for approval as follows: After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in section 10.01.02 of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment approve the petition of Roger Crandall for a variance from the minimum building setback requirements in the harbour ridge, royal fern village pud to allow a patio deck and screen enclosure to encroach into the required 20-foot rear yard setback by no more than 3.38-feet, providing a 16.62-foot rear yard setback, because not to a lot of owections Trom newnuors anci not tnat mucn oT a CIITTerence witn the setaacK root RESULT: APPROVE MOVER: Board Member Stewart Mencer SECONDER: Board Member Alexander Tommie AYES: Bob Lowe, Derek Foxx, Alexander Tommie, Stewart Mencer NAYS: None EXCUSED: None B. McNeill Pool Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision STAFF PRESENTATION: Bethany Grubbs, SLC Planner, made a presentation on a variance of the provisions of St. Lucie County Land Development Code Section 7.04.01 - Lot Size and Dimensional Requirements, within the RS-4 (Residential, Single-Family-4 du/ac) Zoning District, to: Allow a swimming pool to encroach into the required 15-foot rear yard setback by no more than 5-feet, providing a 10-foot rear yard setback. Presentation entailed public notification, aerial, zoning district, survey, and mail notice response. The Variance sought does not arise from conditions that are unique and peculiar to the property and does not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff is recommending denial of the variance as it does not confirm to a strict interpretation of the Standards of Review as set forth in St. Lucie County's Land Development Code Section 10.01.02. 3 1 P, I Page 6 of 355 Board of Adjustment Wednesday, September 22, 2021 9:30 AM BOARD DISCUSSION: Vice -Chair Foxx inquired about previous variances in the area. Ms.Grubbs responded, yes, seven approved variances. Mr. Mencer inquired about the water's edge. Ms.Grubbs clarified that the swimming pool edge is what is used to measure setbacks. APPLICANT PRESENTATION: Dina McNeill, 131 Queen Catherina Court, Hutchinson Island. They bought a home about 2 years ago and told them they could have a pool. We only have one spot to place the pool in a safe location. If the home was built, further forward variance would not be needed. There are other variances in the community that have been approved for similar variances. BOARD DISCUSSION: Chair Lowe stated that the HOA letter is not in objection. PUBLIC COMMENT: None. BOARD DISCUSSION/MOTION: Vice Chair Fox made a motion to approve as follows: After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in section 10.01.02 of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment approve the petition of Dina Mcneill for a variance from the minimum building setback requirements to allow a swimming pool to encroach into the required 15 foot rear yard setback by no more than 5 feet, providing a 10 foot rear yard setback., because of a letter of approval from existing HOA and no increased traffic impacts on the neighborhood. RESULT: APPROVE MOVER: Vice -Chair Derek Foxx SECONDER: Board Member Stewart Mencer AYES: Bob Lowe, Derek Foxx, Alexander Tommie, Stewart Mencer NAYS: None EXCUSED: None 8. OTHER BUSINESS Chairman Lowe inquired about the Property Rights Comp Plan amendment. Ms. Pendarvis ensured that we are currently in compliance. Mr. Mencer disclosed that he bumped into Mr. Griffin at the home show and nothing was discussed and Ms. Pendarvis at the coffee shop. The next BOA meeting, October 27th, has one item so far scheduled. 4 1 P, I Page 7 of 355 Board of Adjustment Wednesday, September 22, 2021 9:30 AM Mr. Tommie excused himself as there was a death in the family and moved out of his home. 9. ANNOUNCEMENTS 10. ADJOURN Morton was made to adjourn the meeting. Meeting adjourned at 10:10 am RESULT: APPROVE MOVER: Board Member Alexander Tommie SECONDER: Board Member Stewart Mencer AYES: Bob Lowe, Derek Foxx, Alexander Tommie, Stewart Mencer NAYS: None EXCUSED: None 5 1 P, I Page 8 of 355 �tc L �ITEM NO. (ID # 2021-52485) I`I(`)DATE: 10/27/2021 �`= AGENDA REQUEST RES NO: BOA-20- TO: Board of Adjustment PRESENTED BY: Linda Pendarvis, Planning Manager SUBMITTED BY: Planning & Development Services SUBJECT: Sparler, Kenneth J. - Variance Request from the minimum rear building setback requirements within the Harbour Ridge, Cinnamon Village PUD (Planned Unit Development). BACKGROUND: The purpose of this Variance is to allow a lanai, to be constructed over an existing open stone patio, to encroach into the required 20-foot rear yard setback by no more than 8-feet, providing a 12-foot rear yard setback. PREVIOUS ACTION: N/A RECOMMENDATION: Staff has reviewed this petition and determined it does not conform to a strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff is therefore recommending denial of the requested Variance. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination Coordination/Signatures Kori Benton, Assistant Planning Manager Date: October 07, 2021 Page 9 of 355 Date: October 07, 2021 Benjamin Balcer, Planning & Development Services Assistant Director Date: October 08, 2021 Caroline Valentin, Assistant County Attorney Page 10 of 355 and IIDewedq4wir � pite iirt t Seirviiices I't III n ui m iii uii iu iii Diu III ;i liiv ui � u ui o irwiu II/1 VI 0 A U IIMV TO: Board of Adjustment THROUGH: Benjamin Balcer, AICP, Assistant Director FROM: Linda Pendarvis, Planning Manager DATE: October 27, 2021 SUBJECT: Kenneth J. Sparler's request for a Variance from the minimum building setback requirements within the Harbour Ridge, Cinnamon Village PUD (Planned Unit Development) ITEM NO.: 2021-52485 AGENDA 7-A NO.. GENERAL INFORMATION: PROPERTY OWNER: LOCATION: PARCEL: PARCEL SIZE: Kenneth J. Sparler 12821 NW Cinnamon Way Palm City, FL 34990 12821 NW Cinnamon Way Palm City, FL 34990 4425-602-0022-000/5 0.28-acres ZONING DISTRICT: PUD (Planned Unit Development) FUTURE LAND USE: RE (Residential, Estate) PURPOSE: The purpose of this Variance is to allow a lanai to be constructed over an existing open stone patio to encroach into the required 20-foot rear yard setback by no more than 8-feet, providing a 12- foot rear yard setback. EXISTING USE: Single -Family Residence UTILITIES: Private Sewer Treatment Facility Private Water Treatment Facility ROADWAY IMPROVEMENTS: None Page 11 of 355 SURROUNDING ZONING: Board of Adjustment Sparler Variance (BA-9202126180) Page 2 of 5 To the north: PUD Planned Unit Development) To the south: PUD Planned Unit Development) To the east: PUD (Planned Unit Development) NW Cinnamon Way Right -of -Way To the west: PUD (Planned Unit Development) Harbour Ridge Golf Course The proposed encroachment will be adjacent to the west property line abutting the Harbour Ridge Golf Course. The Harbour Ridge Association provide a letter of no objection to the requested Variance. Page 12 of 355 Board of Adjustment Sparler Variance (BA-9202126180) Page 3 of 5 BACKGROUND: The subject property is located within the Harbour Ridge, Cinnamon Village (also known as Harbour Ridge Plat No. 3) Subdivision, at 12821 NW Cinnamon Way, which was platted in July 1985 (OR Book 24 Page 18-18E). The property is zoned PUD (Planned Unit Development), and has a RE (Residential, Estate) Future Use Designation. The parcel contains a 3,325 square -foot single family home constructed in 1987. The petitioner, Kenneth J. Sparler is requesting a Variance from the minimum building setback requirements as noted in the Harbour Ridge, Cinnamon Village PUD (Planned Unit Development) Site Plan to construct a lanai that will encroach into the required 20-foot minimum rear yard setback. The applicant is proposing to enclose an existing open stone patio area located at the rear of his home. The applicant provided a certified survey prepared by William B. Bennett, PSM, that denotes an encroachment of 8-feet, thereby providing a 12-foot rear yard setback. The following table provides the minimum dimensional requirements for structures in the Harbour Ridge, Cinnamon Village PUD Zoning District along with existing site conditions. Harbour Ridge, Cinnamon Village Minimum Dimensional Requirements Type Required Existing Proposed Minimum Front Yard Setback 25 feet 30.3 feet No change Minimum Rear Yard Setback 20 feet 23.1 feet 12 feet Minimum Side Yard (30 ft. Between Units) 15 feet 28 feet (right) 17.4 feet left No change Exhibit 1: Boundary Survey 4,. y�l _..', m, 't N* ti 4 ry�� f f �wrr i6L it V , 4 Z:o II r w u N V Propoao rzj 0(5 D -, �7 Page 13 of 355 Board of Adjustment Sparler Variance (BA-9202126180) Page 4 of 5 In reviewing this application for a Variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: The Variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The submitted survey reflects the owner's request for a lanai to be constructed over the existing stone patio that will encroach 8 feet into the rear setback, providing an overall setback of 12 feet. The existing open stone patio was not considered an encroachment into the rear setback because it is "at grade" construction and does not have a covered roof. The Variance request to allow a lanai to be constructed over the existing open stone patio does not arise from conditions that are unique and peculiar from the land and physical surroundings that would result in unnecessary hardship for the owner. The lot is not irregularly shaped and is similar in shape and size to the adjacent properties. The subject property is adjacent to the Harbour Ridge Golf Course along the rear property line where the encroachment into the rear setback is proposed. It is the desire of the property owner to enclose the existing open stone patio for comfort and protection from the outside elements. 2. The granting of the Variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The requested Variance is not anticipated to harm other property or improvements in the neighborhood, impair adequate supply of light or air to adjacent properties or streets, increase the danger of fire, or endanger public safety The Harbour Ridge Property Owners Association does not have any objection to the encroachment. The adjacent properties are of similar size and zoning, with existing single-family residences to the north and south. The subject property backs up to the community's golf course; therefore, the lanai is not projecting toward any other residential property. The Variance requested is the minimum Variance that will make possible the reasonable use of the land, building, or structures. The Variance is for an accessory use/structure. The requested Variance is not the minimum needed to make possible the reasonable use of land and structures. It is the desire of the property owner to install these improvements in a manner that do not comply with the minimum rear setback requirements. The existing home was constructed within 23.3 feet of the rear yard property line leaving limited area for an enclosed covered outdoors structure. The applicant can still utilize the existing open stone patio. Page 14 of 355 Board of Adjustment Sparler Variance (BA-9202126180) Page 5 of 5 4. The Variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The requested variance is not consistent with the intent of the St. Lucie County Land Development Code and the approved Harbour Ridge Cinnamon Village Planned Unit Development. The intent of the Variance provisions is to provide a mechanism when, owing to special conditions, the literal enforcement would impose an unnecessary hardship that can be mitigated without conferring on the applicant any special privilege. The Variance sought arises from a condition that the property owner would like to have use of the existing open stone patio to be enclosed for personal comfort and is not unique and peculiar to the property involved. RECOMMENDATION: The Variance sought does not arise from conditions that are unique and peculiar to the property. The Variance does not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and determined it does not conform to a strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff is therefore recommending denial of the requested Variance. Page 15 of 355 C�vo % Cf 0 i Planning and Development Services Department Planning Division MEMORANDUM Suggested motion to recommend approval/denial of this requested Variance. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF KENNETH J. SPARLER FOR A VARIANCE FROM THE MINIMUM BUILDING SETBACK REQUIREMENTS IN THE HARBOUR RIDGE, CINNAMON VILLAGE PUD TO ALLOW A LANAI TO BE CONSTRUCTED OVER AN EXISTING OPEN STONE PATIO TO ENCROACH INTO THE REQUIRED 20-FOOT REAR YARD SETBACK BY NO MORE THAN 8-FEET, PROVIDING A 12-FOOT REAR YARD SETBACK, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF KENNETH J. SPARLER FOR A VARIANCE FROM THE MINIMUM BUILDING SETBACK REQUIREMENTS IN THE HARBOUR RIDGE, CINNAMON VILLAGE PUD TO ALLOW A LANAI TO BE CONSTRUCTED OVER AN EXISTING OPEN STONE PATIO TO ENCROACH INTO THE REQUIRED 20-FOOT REAR YARD SETBACK BY NO MORE THAN 8-FEET, PROVIDING A I2-FOOT REAR YARD SETBACK, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) Page 16 of 355 ZJI I cu C) LL I Lf) CN T- IW t V) 0- no 355 w LL G� N N y, 4 ro ca. v C a m a 00 * > NW Cinnamon WaY L O � L C m W DC u ry a rts cn LLJ 41 o U N C D a) W a tra OG t cu psi = w °' to ac� � w O 4 a try co (13 0000 CL j '�,► co CU .m Co �N >T� U- 1 N L. C MW Cinnamon WaY - a 1 L< M CO CL co o (13 f1S �z < 0 0 Lo CL -, 10 2 U) Lo CL 1 L or- noq /qun u � c . a � c a � — 1 ill � z Q L TjIL �01 n t I' l ram_ _ a r nrr PLANNING & DEVELOPMENT SERVICES DEPARTMENT BUILDING & CODE REGULATIONS DIVISION 2300 Virginia Ave Fort Pierce, FL 34982 772-462-1553 Application for a Administrative Variance from the Provisions of the St. Lucie County Land Development Code Please complete the requested information below and submit all items to the St. Lucie County Code Compliance Division at the address listed above. The proper non-refundable application fee must accompany all applications or they will not be accepted for processing. For assistance in submitting the petition, please contact Zoning at 772-462-5296. Applicant's Information 1. Name: N A)- 13 —) o J I- 2. Address: 9 A I /Q to r , I& (V al o ,0 1.tl PALITJ C I _r Y t1- 6) U' (D " Phone NuFax Number: mber: ') ". Aw _- . _9� I 3. Location of Property Proposed for a Variance: rr1 9 0 o V 4. Property Tax Identification Number (s): (attach extra sheets if necessary) 0 x 5. 1 (we) do hereby petition the St. Lucie County Board Building Code Administrator for the following variance from the St. Lucie County Land Development Code. (State the variance 4 of" ft ) A 6. What is the purpose of the proposed variance f- 7. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. I ki v T t 1 0 19Z. te,-rl 8. Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. Page 22 of 355 Supplement 2 Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details I (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) VAaIA111CC - V--ea-t- 0 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: I V 2 (-- .0 cl 3. AlAth"6-spefi'� Jird`s�'ip'-im posed on the owner by the LDC? 0 V 5 E 1. L, u C- A-7-(-- 0 -R 0 C I- i) c- E TT) T14,c— U60t-r- 4. Ma6 W 4Y J\A� reasons —dAip is unique o the owner and why other property te oAr MP� this �ar similarly situated does not suffer from the same hardship. 0 C: 1 (11 JA 6 C) 0 je I A) 6- (9 P cod -I- / ON C)(,)je- A Ar;. vv ' -,r n� F (- r�� c - -r-C- A V�> Ir' 'T 1-1 r- (Z M A 1 0 F 0 t) (-, F 5. StaVe"rea&AAy this 'variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. K) cy-r V I �;; I I? LA', -ro C�t-f�j 6e_ 10 0 t5;S 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. W ILL, A C :11) ► A L't- Id j p- V9 12- () 09 b4- -I"Y 0 1 �,Va-14 k1t).11v C., "W&s 'vA-anc'e 'is' the minimum variance that will maQ "Possible a 7. State w y reasonable use of the land, building and structures. 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. LL,otA�-5; HQM)—��OLLM)Eee-, r-UL,L- U r- 4 C) ip A --A, I U, 9. Is this variance request Association? YES located within a Homeowners or Property Owners NO If yes, then letter is required • For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request Page 23 of 355 Supplement 2 10, Name of Association 11. Is there a letter from that association attached? YES m NO Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. Per LDC Section 10.01.04(A). (7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. I J AJ F1 14 SPA P, (Applicant Name) swear (or affirm) that the information and facts statedtherein on the Applicant Signatu STATE OF n is true and correct. OF 43k k t) 6 V The foregoing instrument was acknowledged before me this day of 5gAjC,,6, 20 1 by whom is_ppEsqnally c. know.0,J as identification. -Mg or who has produced 'd J- " /10IQ Signature of Notary a Typ6 or Print NaHe of Notary 01109010­7 Commission Number (Seal) Amy MOW Notary Public State of Florida Comm# HH090107 f;xplres 2/201202.3 Page 24 of 355 For Office Use Only: Zoning . ..... Future Land Use Special Notice (Please read before signing acknowledgments below) Submission of this application does not constitute the granting of a Variance. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information when necessary for a complete review of this Variance application. Acknowledgments Applicant Information (Property Developer): Agent Information: Name: k 6-pJ A)6--TH � , --S Name: o M Address: I w jK) tJ (11 iVjVAM6,o L 47, 04t-m ecrv, r- 1-- 3 4M,,io ' Phone: — 1- —1 . -- ',:� () 9 - o I Ci I Property Owner Information: Address: Phone: This application will not be considered complete without the notarized signature(s) of all property owner(s) of record which shall serve as an acknowledgment of the submission of this application for a Variance. The property owner(s) signature(s) below shall also serve as authorization for the above applicaot-of1igent to act-fi&,fiehalf of said property owner. P per yOwner Signat e Print Property Owner's Name & Address Mailing address: (V W C-1 (UA/4,v* d to 1 AVc) I PJ 0 C�, i,/V, AJAM o vo C0 40 P 0 C, vh e- 1-7-Y ' - , E L - -,> Y 9 C) Phone: I -) - ?) C) 3 - 0 -) el State of Florida County of L The foregoing instrument was acknowledged before me this I -TIA day of 20�4 by who is personally known to me or who has produced as identification. A- 41 Signature of Notary Type or Priht Name of Ndtary `Title: Notary Public Commission Number 0 i (SAQ We4tby Notary Public State of Florida SLCPDSD Revised 07/21/2014 Comm# HH090107 Expires 2/20/2023 Page 25 of 355 10AW HARBOUR RIDGE YACHT & GGUKMY CLU9 12600 Harbcu gdgeSouievcffd+PcimCi Rorido34990• (772j 336-3000 • 1772) 336-1469 HOA REQUEST FOR REVIEW BY HARBOUR RIDGE ARCHITECTURAL REVIEW BOARD (FORM TO BE SUBMITTED BY APPLICANT TO THE CLUBHOUSE RECEPTION DESK) Name: Ken Spader Phone #: 772.340.2128 Village: Cinnamon Address: 12821 NW Cinnamon Way Date: 5 5 24 Description of Proposed Change: (Attach Dra\Mngs, Site Plan, County Required Permits if applicable, plus copy of the attached signed Applicant/ARB Agreement): Extend patio 7 x 38' with an & x 8' concrete footeraround perimeter. Install new travertine the on patio. Installs 38' x 17 bronze screen enclosure. Purchase approximately aNsquare feet of land from Harbour Ridge Yacht & Country Club to re-establish the 20' rear setback, The ARB, Golf, and Green Committees approved the land aoquisition in concept. Name of Contractor: Ftr's Screen & Aluminum Co. Phone #: 772.708.5761 Address of Contractor: 2789 SE Grand Street, Port St Permission alven to oNow contractor access to home: Yesa No[] Approved via email Signature of Village President: See Attached Of ARCHITECTURAL REVIEW BOARD RESPONSE: Date received: 515)2.4 _ Date Reviewed: 5 Z I Decision: Approved . Disapproves Comments: Date returned to Applicant and Village President: Signature of ARB Page 26 of 355 L 'L0 (fo CK� 5 4�� 001011 3- ca Z13 39'45" Intl rn C 101275 00:I � o/ in I U- C-i 4'45" 0 D-21' I -�k —0 -j Z -C, U- -4r, UJ 0 bi> 10' UTILITY- 5 E EASEMENT 2 2.4' 19.4' — ------------ 17.5 22,9' CT, LLJ W) CL ^cn ui D 0 n M U (.0 N ca C) O C, C, 0 LLJ < Z 6.0, C) (n< u < u CONC 17.4' Li 0 18.6' (c uj >- of r-6 > Z -0 00 O� 3 �0 ui > LL, 0 W 1, 1 0 Z; E to V-) 0 7' V) > V) 0 0 Lli 0 L. L- z Of cL CL 2,75'-\ E 1.6' 20.2'- - ---------------- Ur' 2E3.0' PATIO ci U-) OPEN STONE �o (EXISTING) 38.6' 21,84' 41.79'. — ----------------- — ------- (PROPOSED) 37.50' 0-- N23* 1 0'25"W 101.00' (P) (Basis of Bearings) tt Q) —i '6 C I 0 F4 -C G o I f C o u r s e 1 0 (A V) 0 CL 0 n Board of Adjustment Public Hearing Date: Wednesday October 27, 2021 Kenneth J Sparler J R) 12821 NW Cinnamon WAY Palm City, FL 34990 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) A1212licantIProperty Owner Kenneth J. Sparler 12821 NW Cinnamon Way Palm City, FL 34990 Proiect Location 12821 NW Cinnamon Way. Palm City, FL 34990 Parcel ID: 4425-602-0022-000/5 Zoning District PUD (Planned Unit Development) Future Land Use RE (Residential, Estate) Location 13 M Public Hearing Notice Notice of Proposed Variance Request I ou are receNirl�#, VIM n7tice MIR 17M, Y*4. are—d Mt 500 feet of the proposed petition Proiect Description This is the request of Kenneth J. Sparler for a Variance from the mini- mum building setback requirements in the Harbour Ridge, Cinnamon Vil- lage Planned Unit Development (PUD). If approved, the Variance will allow a lanai to be constructed over an existing open stone patio to en- croach into the required 20-foot rear yard setback by no more than 8-feet, providing a 12 -foot rear yard set- back. The St. Lucie County Board of Ad- justment (BOA) has the power to authorize variances from the dimen- sional requirements in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. St. Lucie County policy strongly en- courages public input and comments at the public hearing. You may con- tact Linda Pendarvis, Project Manag- er, via phone or email with inquiries Written comments to the Board of Adjustment should be received by the Planning and Development Ser- vices Department Planning Division by noon prior to the scheduled hear- ing. Anyone with a disability requiring accommodations to attend this meeting may contact the SLC Com- munity Risk Manager at least 48 hours in advance at (772) 462-1546 or TDD (772) 462-1428 Further details are available in the Planning and Development Services Department — Planning Division please contact: Staff Linda Penclarvis Tel (772) 462-1562 Email PendarvisL@stiucieco.org Date Mailed October 13, 2021 Page 28 of 355 PLANNING AND DEVELOPMENT 91ro a SERVICES DEPARTMENT Planning Division VARIANCE RESPONSE FORM Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. - Planning Division A77N: Linda Pendarvis, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: PendarvisL(a)stlucieco.org or Fax (772) 462-1581 PROPOSED REQUESTED VARIANCE: Petition of Kenneth Sparler for a Variance from the minimum building setback requirements in the Project Harbour Ridge, Cinnamon Village Planned Unit Development (PUD). Description: If approved, the Variance will allow a lanai to be constructed over an existing open stone patio to encroach into the required 20-foot rear yard setback by no more than 8 - feet, providing a 12 - foot rear yard setback. Project Location: 12821 NW Cinnamon Way, Palm City, FL 34990 Current Zoning: PUD (Planned Unit Development) File No: BA-9202126180 If you wish to comment, please check only one of the three following statements and return no later than Monday, October 25, 2021. Forms returned without a name and address will not be considered. All returned forms are a matter of public record and are available for viewing upon request. Please attach additional pages with comments, if necessary. I AM IN FAVOR OF THE REQUESTED VARIANCE I AM NOT IN FAVOR OF THE REQUESTED VARIANCE I HAVE NO OPINION ABOUT THE REQUESTED VARIANCE I certify that as of the date written below, I am a property owner within 500 feet of the requested Variance. Name (Please Print): Address - Date: Signature: Please call, Linda Pendarvis, Project Manager at (772) 462-1562 if you have any questions. Revised March 18, 2011 Page 29 of 355 16 Q ' 7m0�.4^] FawuPW q.n] �3K6wa �s^�u m 4 aFo�sv W too° F F y x W F rZ.P YJF Zh�WFO N^ Qq.7 U• iISZ¢ x ¢¢F u ww„im0 O Q W6FL qq K dix�¢sl mOR3k pp�� Kx4{4K y V W �Of• •�w - W W7[K�or_ O O W F oWid tiFoNP yy �mK¢W -Ye s� C.�i FpyFn4 n f"9 4 tiPC_i w�WFq� •i f N WW .Rq cF¢ % TIWfC O M °vFi O M h M � �6� m m•Wx.iW 2W2 OoW HF 'a w^ 3wnn� 3aN tl WPCCS�F¢ � �� WOFS.aFa W 7 O IL � �% i[xl OckLO iA O p W a Yi4r aSUtF zwC¢x= S FV Sd44.eJ s r F Z - CM) 0. _ _ 1 O ' M W 1 N U. U. 0 S a 7 r ^ zoP �e 3w 4a}opw�H O�S6NKFV j O a rWiSGCQ��FV., ~ O O 44 .Wog •Z .mYZh OR xmW°wm} FW rwzaz'J2E w -oa M.sOJm w00 k _mZ-.V°WOJc OO 4E�moaw A 1.+ t M Q d pZp3 �FZ?¢W� Jo_ aw �� uWOWnO as xExm <FuyoRw� moo° F.] J n v f W.:iia r¢°. w�Ew ua .m o q a m LL7 cnziWm 4^y P� zP..zwa Fnva 3za�zx°� Pawtiz£P� zu ^�°cxn a v s° om xa 3W wzw �s m Vw a �sMxHx Na w t N � O = �awicw� a.a0.aLP1 °ma •�'aO �mqYwF4 m Wo EwCOmN SL O p W z^NUo¢sx x^Fcp 1. IL x 0 oxF`_�qa6O�Ww£upQ 2 '2-1 O O Fa FwU}L ggiW OF ��Ou?N0= znmzL:m f-Hy P # Fm F ° WF d4�.]� x'24E w - CW Op Wu Z T J0.tanW rmaWaW4 fW YF W#40.¢F%S pWp ;�=pF2p O O 4�nEF�¢u � Z FW N}WID¢wuh 3�maFS�U« SW pOj _554owoc, � p WFVOO�wa °pF pF.]FOCCGS Sk x.N.cpacx ip,S�a=rc< I!! aP. F FF i mWVO.i oOC,:nV�o5t acStN: AW ww rVi wGk.acidwWx b#K� S° -¢ 4¢iO rtW .nC d f y f mYPV nWx ip 'Fo O a4 44PY�wd �� O 4u W .:q S..0 _,tO p, tnixHW4JN FdPm Z.]°py V F �DE.WC9FF4iO tl N ill Wa## 'Za x I OaN¢Fy�C WW 42 o'FO¢ o a F xOx4^ V 20m 6 p °iNUFwaa�y 6'-° k ^V # Oxp •¢> 0=ywt'Sgx2w °Wp � x N P JyW Wa�R c K¢PwupLuy F. ¢ova � �� F rwrCC�q�q�ac�� z [w_ F�¢Pc-z � c�w`x b•�o<Yx m O 1� u 3�w.4i �WW Jw^?w iRKZOO gWq-in �uaF�nS = FVzk n}¢ FS.Z.o FF}iVVwuNK M Z WN 44Whti oduxYw-� - vpi2e q ¢SWWOwOo-. '.FPn,EgOz4V¢ - .FW�V y mI O Yd2>F¢sz j.n w n m �;,OW2POSCVc ^«x�W ry ppVu �ui + oo V u4 S O Nz.1 Fn.¢cs n W mFk O�O?•kW WpPO WPC SSa.r F: E V '� W^y« F aGN ....... � F¢ C m 04 .]O?W1+4 i.]FF�Gk.F -4- OWGnwc2 �n 2U PrW.'Oo O m [.. uW F VSF? F a OrC' SK oaN Orv••o =NY¢v JE n Un °Z (Fi CwC 000 aJ.<w<a w 99 pnf16G 0.^d0F [4i }Va .+RZ SW�2 rE^ vwi iSW l°l ut- wR mW Z F2 W#xF}W F' o Z� U ¢wan U 2U4m4nkiK�aQwu0.1 W.r Q� ^k.W kAn(wj^ J 4CWir Z k0 ^Wm aa•ti,x u 40 ^ Wn ppp Nam 04aEmOomwa.O.unan '�, - N4 P W.^'^.0.4 O�Y.inoZwnF.P]uo¢Us.m]4�OmFwf"°�50.���.>.cc�waF m F � F.W]-WWb1W0<Q¢n F+u '-'�. yj c «ZWO[1 n_n _ W r miF+q} Yd FVlW urxiaiZmx a`SO.m-��=FcnOwc�TOWFw2iN�p�A�'w.. - �o�02nEPn 40a.2r V Fw kOn K ?JxY #cW2>Y] e6. nE WO22U U- W. 2 •C ' n n ��¢ Fe^x d•• O 3a0�.] ¢PS 461waw 0.TxFUS0. YK.. ryyx#rvN _o nw a2n�Wn Ua °pFj4�S U2W � UCF- e �• a - 6¢mPW K• ¢wF �o�On FwWn ^ is YY O:Fj F• W - F a .W ira"� F ¢ RFzn �Fx0. m0 fPw.� }WNg2#F^WL. O� rCaS 7¢I.(nFiw w7V Wz..� - •' � FU Nm �' Oa�wW4 UW W Ona naWw ,N[w.i M1w.2-wwYFWUFie IW..FC zONi w FWFW3`r•V W-'WOikExE "'u �uu%wP �¢ •`o ,`d'um `d WUX W�.Prm- �a :•sNmw'S�'^oWK`q'o�=Fp�.oPp$aoi O WF x w F>z m¢ xOE�4t4Uv mK [[ll ((..�� FFiW Fw 20 2 o�FmW^G ..,0 OW�Zrw�om u. n RS-WmFY F ZNz .xaf G�aM1„ �m 4FU4 V4W0'�N.iFpxP2?e FFF �nti -W�SOw -'4 >u r 'y+m: Pam q uF WI X go. ¢ SLy SW 0.2amy�gF N{gN{gyyNnOW. oai6[yxain ¢.[mWRtw�I .TW,wW Or••a.- .WfW..ia Woo L. Fin i4J5 R�-+oua4wTam2F�S-NO2. 2t26N0° UWO¢Wm'd.„]61F U06°}OSKU6F4TPQ43��F�4[°iO kO.4Z�OkWY•Fa�m F-a~FFFiW #.mi.�WWm^�n0 .... �peO�dFFV�^COZOaazWmN�ahF� 6 S W U =n266 Ca qq w m FOe .U�>xm ^ V }KW 3FU.xiammppW=iF� FJx4Uy F WCL FxaOZWEWw>2Nww�.6nPWy[H°WONFw1 'yunCn>2U°N m w w mWWWdwwFLgi C0J PFmCpF e°WKe F'CF¢XWR?rFd r•S gW�Em >Jc..w wa i r . WW2. u F. a 'FmWpVwmFxmuai n t6 Z Nn4UW x a nSW Cn30nWVF NWW#a^ 30e,yz Sa�axU4^Uw4ry4�z^3zry Van .3kSmK4Fk4�UVP TWFVVnW°"�P4F m °Zm ZnWY.f� d �UVFiP 2.Zi w'mnK4N U4 [-° m riUAiEW.x.W mFh.� O FJ•¢y �OZ^F; %r gyp, up iZ,WW - Ox-2 +�/+O O SRUxawn:J- 440 wUUs1rv- -nqF� WF - °¢oo�Cw'n>r^za.-�Fa Fi•n g4 GNG my ••00¢NNM=-YF��aa PF F OWd y F�`..:e OWw ? ✓� FF40: FRy U•-N X.W ONaoaxWm F:m 22 W_ewttFm40.w+�N kW�W�. UW��4tiFp�CpFiHu-ytx]4CU<w n' Ww O!�a�F-pneno" eRnRWnNo[ F� n mF3 Fu} OOw- 2i 'aF0.81r JaF i FYP � U GwWmO2F?W^ wJU WO -. Z- • 42 Fwa wUD�COFmn4n-.m �'�': aNW.°.V°«Fi Fw� a mEc.Oi [n RwRWa2.3 •e n _ m ° 4^O N-1 NOm(V WXvi�kY•KVC F- W [F.iw�40HmwNKW-. .E U'n VFU._wm -W oiW"• n .iN .-6 WO {W� 4 F¢ Wa drlwp^k¢U.'V.n. rY+00 !`Y4Z0�YY}.n UV4xw-,RU m#W R.+WnV W f--Rau..�WFWW ^2jO'� wm . 2F }P2 6cNem 2 •OOa4 WnOV iOn2 wU i W . WUZnFmx-«wr2wU. FO��: ep2owwc Nw-� W! 2 ZZ k�NyWWxn•+LZSwWnnF^L4 ¢Ixibm -E-ENkhKww0U0kFXe �( _ P3LaiT OLirwWb O.]V 6KW Z:SS. KO T Jm2 UWF C WwiKA� n4W m KNapa NWNmOioExV.Wiu4a naF04;?bi��,la>J5[¢°jOJ2R°WNiz.ycnuO�OTMO..EF�Nm2ca 5Y F�a.W R4 FW �o�llFfkS�n E+F jvOiw�vOiPW�uooa2E0u°'. - TO .iwSm�� hl .W.a F iVVgOVk� WUwa -+-F^^ -WWW o V.aEm �- ' 22 F¢m non w'F^x<•^�OLaoOnFOmm� FawW¢WWe23.}UKK^«uen Od�Fw�^kFW20�VF�0SH «TF0.00XVU¢m^KmwOra^Z�w%W JEW4�M �Ww mmwm P�xFu x Fu4ow P Hz xV 0- F T^Fm W�FW W m2U n 0.V4 ZFJWR W < q yr- OFa•¢ . 4 �14y6WJP0 O m•_ m4W WJ..2 W•. -.'�Wk - - WFmWOwc� - F=�Wwi _ O Wo_,0-- �¢�-nWZnFa.]Gw m.rc0 Ww� x Om O c4.w'°icx•n.FcF''i�ie,i,1P'noiuW_ozWu2uiWZRo'm�U2azdF'�oow-¢rRWFo�eSS��p ACC m °ems=Wan�x< Wcw_ . z �m•Oo V - Ow- 4.'. NZF,OUtiOW^ZOEa Sax [=�atl �..Eu�wF Fp uK�cF�izOW u. w .F.CCN �xFFRnfswW•Oa•+>_F OZdz Wuu,FZ4V<f-gWnW C]UmFV ^PL 4 «�WS42^�NWFntxJ in Fm C.-C mFNWw¢rv1-.W-V4NWFp;{. C .:FWnC iawFgqmZOFU4SrvZ=4�-F44W05WV�a7Wr'aNe•.qtCi:W..4e"SwW--_.�w[laF-1awF�.°WPFwkFF-�wW--w w.-.1. 4�nm�OEPiFFrF-`.wZVFi W W n ^' W�6aM WW Vi FF }nW0 Oua>¢m�mUNOOkn O-W yF yWc'-'OFCrnWZ�x •�4ia WWRa=OWoj^O�W i-Pad=O<rvwywWn °wuinwmw. nNmmxm i�zaemP Fw W W ° WWo�cn�4ua,z `bans "jO U 2POL� S�FF N5[Wi 1w.mTOnp'�.�a� aFW.1u Fwa�ZOmUU xPKVM pz WF m n _ Un.V ->� SWJD �'+024 40F�-U x Zw ?T W4.+ OW^�K425 m wW, r¢ PF?.]oF p x m Faw-mn Un-�xKm% �Wwux�m a#ad - mCnm- -LuC m.2 TOF0' FnFI-hFSwaF sFf 1[>.iSOF�T. O¢C6�2.O.n4aOFrvN 4Re - - -N c�IcZM1 Sayer • VVISWW- p.. CZP4 O.Oik OW22MOW"O^6SSrWWw mS�C>�C • WgOW �2Fi NN FNnm.. .. ;e}«•+UFJFF-+m n eLFL F4{N4ROnFkOwac.Wz-nFWad[wiNFr ¢ O F 30kxa0 w!. •yo}WWwoW.W jmP«mU Wnm .x 4 °z e�R6FSrx.�:W..OR�iW..Ox r n •-ixw•-yet-�nWa OWzzxa urn^ - -F0.A^ dOOP;0UF4U#C^S^^rvJ p q cc 0 In cc x z a CL 44 ci m z z cncc q P 0 W hw-aazw�+L w a = 6 WanuII¢FO VI y i in iE�Y02Z� mua000w " U J F 1 Q _ � � ¢ 0 w °�a�z6wo }_III p s (!I OCnZNgi✓� i'� r a O z V Q m .n�xKD wo S O T F o i+ •� r� I y LU w m A y oOmnF,oa q O Q 0. a) ,mw^`n4xr� F i A J iC Ul W �KnM�x�aFe F w apz u Z V 4 m q i � CFpmu °z o w w wc�ap�zw IIo K F:GCouUo fo.] IK� zUW�OS w F S ¢ O F u.¢omwK �a a Z IIII O�1 .zcF WK K F + j^ K06 �c�. nU� w E .SS xo ❑Q WmU Smj Kfo 04.W. V4 ` Slx aw 4� F Om mc�iU hW 1G S OO o hwa toi -�II.UN 4 i"in-� .qid¢ Wo1 LGl wON F�'D �wu om� W Fy SU wo aiw �wT w0 �r+j WQO wP[l Va4 NU E'w0 U II�U am00 KP . W a� AII �a �r{r qVU FE4 .w. .aaW, z0 O U F.m.r aF z Fv. U6c 'Rqz .sm f' V S i U3Y z F •.oi U F W w H AC qS� � O v a a 24 a0 ���• uIIo.'uz � y „js Vm 4F 2T ¢ a F q F f) Vt. 4aK qWm a J iF mO Fl Oy- { n� HxOY.t m z ��N3S� 6KF� w •}r w � o w o o l'$pf,� .� >m Kwm$ax w�� AhV%%U F RFV K� >.z izm F tUi IFS w mS F�w•o S' wiSU 2C f.1W U4[� .� Fig^O•+ q w �"4V0. U F .�i .F 4mK �• R �nam •KCu xua o V .K a0 im Kam =� m = F.mpIIo LL Iw5 yrwi4�S 4 w' F mQ Lr+ lu IZA 19 &41 or IN nd re le XvS co :el I 09 N In cy Q I q vo 0 C) It � F, 'K Cie IL } �,�ii iu H a ti cs o Cs mK��"NOW 0-7tltl'7d d p w �a�xahW� f U6 16 OW2�yoQ.� O 2�IItW2°'x 14 YI w mamma J� '° ttvh'm O s $ ° a lu `a 2� i1°ynh hNn - p m c�P H1nns Q? _ aaC uI(QQ : h sae ma;N as.q.o m oe° (7772I°76'y loA18F Cc V Cdti2 � n Ni 6 � hN '/1NN E l0] lilOrj q � 21071,n093///7 'M '/ �Qe ,zz' L0/ M.6O,E/_OS 7/Of S 1 1 qe ye lr425 i 5o 1�l /� O �..� 5 V \o, . �' !7 j p0 �\` �G�r •r / 9 /°'n5 14 _ _ -_."_ ry WA .�°_-_f1- -F aaP a9 Q!` y°--N 7E�r _me�.} �./yLl V . ,f'177 aa¢ �o.=/ � �.T4i gr cIc J ?� - 3 SO'�9�L'6o/ Ii✓ 11Y96'�3�N9 J' 1 - 87' p .-' �1/Y3Ha5'1i3 �'Jd/Y/f+d'o,oL1� \0 . /1'.. 2 aw CA x 3 v m oy � /o a•, D�� �OHbN •�0 h n a P� y 4 tr � l9 T 52 r4 64 Z C, 10 1 V � Z i 2 A�7E 30 '6 K p ti Q I �.�Nf2 77"v c 1 - NOT P 2 1f143.,,, N 12�2 .0 f6p.431 ly�r+,. "' -. iT o eSy� a I h J �] o o ;~ I a r O i y 2 m �n� 1 V � v a 0 mac: LLI o S8' E'rg798' a O .. rt 84' la' Lo O uj ~ h W M H Go Z 1 6 N ■ O O U wui 40 \� 0 C4 F" � rL U O c a �� � y v ❑ o e 39 � aN LL O toov �0S•p4 ,�� a-g �. dl Lu z U` •� a� W LL o LLI �+ l7 II ` J ElJ a q Q N Z _• O r LLI Q Q y IL.1 0 !� ii ~ W U O d w "Z 3^ w F Z Q O J C7 ti ^ a O 4� LL m Q O r LLl Ln a O m M LU F LU w Li CC = Y m L� 44 L7 m Z iN U w m V ur % tj&IE ap0 s mo Lea, la � G• To.5� f8~ �� a m • III �' � �O_ Oa I -aq `21 3� I u a d�IV1=� L L m 9p p I area I I Lh E9 ' So'L9 �i ,LrSc %1.00L ^M «�k Gv.6BS 0 cr M 0 -j 0 0 Z LIJ o 0U. LL 0 z 0 -j LL uj z UJ a �- x LLI 0 Z -j w < a0 Q > Z LLJ 4 LLI cc 0 C4 Lij z CC Z \§U) mI < LL 0 0 CL < 0 2: LU 0 (1) LU cc 0 Z C4 LLJ m LU W ST LUCIE COUNTY GROW 2300 VIRGINIAAVE FORT PIERCE FL 34982--563 Account AD# Net Amount 1313433 0004938722 $230.85 Sales Rep: jharris2 Product TCN-St Lucie News Tribune Tax Amount $0.00 Order Taker: jharris2 VZ o?"T ON Total Amount Payment Method Payment Amount Amount Due $230.85 Invoice $0.00 $230.85 Order Created 09/30/2021 # Ins Column Lines Start Date 1 1.00 135 10/13/2021 * ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION End Date 10/13/2021 Page 36 of 355 Text of Ad: 09/30/2021 ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA Wednesday, October 27, 2021 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in ac- cordance with Section 11.00.03 of the St. Lucie Coun- ty Land Development Code and provisions of the St. Lucie County Comprehensive Plan that the following applicant has requested that the St. Lu- cie County Board of Adjust- ment consider the following request: PURPOSE: The request of Ken- neth J. Sparler for a Variance from the minimum building setback requirements in the Harbour Ridge, Cinnamon Village Planned Unit Develop- ment (PUD). If approved, the Variance will allow a lanai to be constructed over an exist- ing open stone patio to en- croach into the required 20- foot rear yard setback by no more than 8-feet, providing a 12-foot rear yard setback �ua►m�•�u�a:�:�srz�J►�rz:�E:i�: LOCATION:12821 NW Cinna- mon Way, Palm City, FL 34990 PARCEL I.D.: 4425-602-0022-000/5 The Public Hearing on this item will be held in the Com- mission Chambers, Roger Poi- tras Annex, 3rd Floor, St. Lucie County Administration Build- ing, 2300 Virginia Avenue, Fort Pierce, Florida on Octo- ber 27, 2021, beginning at 9:30 a.m. or as soon there- after as possible. All interested persons will be given an opportunity to be heard. Written comments re- ceived in advance of the pub- lic hearing will also be consid- ered. Written comments to the Board of Adjustment should be received by the Planning and Development Services Department Planning Division by noon prior to the scheduled hearing. The peti- tion file is available for review at the Planning and Develop- ment Services Department — Planning offices located at 2300 Virginia Avenue, Fort Pierce, Florida during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require addition- al information about this peti- tion. The St. Lucie County Board of Adjustment has the power to authorize Variances from the dimensional requirements of the St. Lucie County Land De- velopment Code, in accord- ance with the Provisions of Section 10.01.00, of the St. Lu- cie County Land Development Code. The proceedings of the Board of Adjustment are electroni- cally recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of Adjustment considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verba- tim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time to a date -certain. Anyone with a disability re- quiring accommodations to attend this meeting should contact the St. Lucie County Risk Manager at least forty- eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA S/ ROBERT LOWE, CHAIRMAN Pub October 13, 2021 TCN4938722 Page 38 of 355 �tc L �ITEM NO. (ID # 2021-52486) I`I(`)DATE: 10/27/2021 �`= AGENDA REQUEST RES NO: BOA-20- TO: Board of Adjustment PRESENTED BY: Leslie Olson, Planning & Development Services Director Linda Pendarvis, Planning Manager SUBMITTED BY: Planning & Development Services SUBJECT: Allen Lot Split - Appeal a decision of the Planning and Development Services Director to deny the request to subdivide a 19.54 acre parcel. BACKGROUND: Justin M. Allen and Cheryl L. Allen submitted a request for an appeal of the decision of the Planning and Development Services Director who denied their request to subdivide a 19.54 acre parcel into two parcels. Pursuant to Section 11.11.02 Appeals Procedure which allows for a notice of appeal to be filed with the PDS within thirty days of the rendition of such order, decision, determination, or interpretation subject to the appeal. This Appeal was not filed within the thirty days of the PDS Director's decision that was recorded in public records on August 19, 2021. The Board of Adjustment shall decide if this appeal will be considered at this public hearing. The St. Lucie County Board of Adjustment has the power to hear, decide, and reverse the decision of an administrative official of the County with respect to the provisions of the St. Lucie County Land Development Code if there is substantial competent evidence in the record that an error was made in the decision of the administrative official of the County. PREVIOUS ACTION: On August 10, 2021, the Planning and Development Services Director denied the request for a Lot Split through PDS Order 2021-041 recorded on August 19, 2021. RECOMMENDATION: Staff recommends that the Board of Adjustment find that the research completed in accordance with the St. Lucie County Land Development Code and the documents recorded with the Clerk of Courts support the denial of the Allen's Lot Split. COMMISSION ACTION: RESULT: MOVER: SECONDER: None Page 39 of 355 AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: October 05, 2021 Kori Benton, Assistant Planning Manager Date: October 05, 2021 Benjamin Balcer, Planning & Development Services Assistant Director Date: October 11, 2021 Leslie Olson, Planning & Development Services Director COAOL44JOA�' Date: October 19, 2021 Caroline Valentin, Assistant County Attorney Page 40 of 355 u 1 � TO: Board of Adjustment THROUGH: Leslie Olson, AICP, Director Benjamin Balcer, AICP, Assistant Director FROM: Linda Pendarvis, Planning Manager DATE: October 27, 2021 a iii iii iiiriii irii g a iir')i d evellll o iii ili >iIi e iiir. i°t °�IIIaiiiIIuIoliiuI�ii III1III VIII Si11101111 V1 III V! A III1,1 III 1 11,,) Ill 111 SUBJECT: Justin M. Allen and Cheryl L. Allen is appealing the decision of the Planning and Development Services Director denying their Lot Split Application request. ITEM NO.: 2021-52486 AGENDA 7-B NO.. Pursuant to the St. Lucie County Land Development Code Section 11.11.00 Appeals of decisions by any administrative of with respect to any of the provisions of this Code shall be heard and decided by the Board of Adjustment. On September 22, 2021, Justin M. Allen and Cheryl L. Allen submitted a request for an appeal of the decision of the Planning and Development Services Director denying a Lot Split for their 19.54-acre parcel 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. Pursuant to Section IL 11.02 Appeals Procedure allows for a notice of appeal to be tiled with the PDS Director within thirty (30) days of the rendition of such order, decision, determination, or interpretation subject to the appeal. The Allen's did not file the request for this appeal within the thirty (30) days of the PDS Director's decision that was recorded in public records on August 19, 2021. The Board of Adjustment shall decide if this appeal will be considered at this public hearing. PROPERTY OWNER: PARCEL: PARCEL SIZE: ZONING DISTRICT: FUTURE LAND USE: EXISTING USE: Justin M. Allen Cheryl L. Allen 105 NW Swann Mill Circle Port St. Lucie, FL 34986 2317-333-0000-000/2 19.54-acres AG-5 (Agricultural-5, ldu/5ac) AG-5 (Agri cultural -5, ldu/5ac) Vacant Agricultural Page 41 of 355 Board of Adjustment Allen Lot Split Appeal Page 2 of 2 ROADWAY IMPROVEMENTS: None BACKGROUND: On July 9, 2021, Justin M. Allen and Cheryl L. Allen submitted a Lot Split application to subdivide a 19.54-acre parcel in two. 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. Included in this agenda are the complete written materials considered during the initial decision by the Planning and Development Services Director and the appellants written material submitted to the County. Staff s analysis of the initial Lot Split application is contained in the memorandum titled Allen Lot Split — File No. LS-7202126095 2080 Pulitzer Road and dated July 28, 2021. On October 13, 2021, public hearing notice was placed in the St. Lucie News Tribune and the appellant was notified of the time, date, and place of the public hearing by certified mail. CONCLUSION: Pursuant to the St. Lucie County Land Development Code Section 11.03.04 (D) Procedure for Minor Replats and Lot Splits Standards of Review staff found that the subject 19.54-acres of land area was not eligible for a lot split. Therefore, through PDS Order 2021-041 the Planning and Development Services Director denied the subject Lot Split Application based on the following: 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. Pursuant to the St. Lucie County Land Development Code (LDC) a Lot Split shall not involve the establishment of a new street. 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 specifications 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. Page 42 of 355 L , UY (�,U L", IS L Board of County Commissioners Chris Dzadovsky I)ISTRK,"I'l Chair Sean Mitchell I)IS'FRICI'2 Vice -Chair - Linda Bartz DIS'IC: CT 3 Frannie Hutchinson Dis'rw(,74 Cathy Townsend DIST'RIUF 5 Administration Howard Tipton (;(AUNTV A11M1N1S'1'RA1'0R Dan McIntyre COUNTV Al"I'01tNEY 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 ggndarviLsl@stiucieco.org, phone 772-462-2822 or Ben Balcer, Assistant PDS Director, Ben Balcer at email balcerb@stlucieco. Sincerely, Linda Penclarvis Planning Manager Attached: PDS Order 2021-041 Linda Pendarvis I Planning Manager I Planning & Development Services Department 2300 Virginia Avenue I Fort Pierce, I'L 34982 'k. (772) 462-2822 (772) 462-1591 10 (772)462-2331 (RIVIVW S1111cieco.gov Page 43 of 355 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 112 OF THE SOUTHWEST 114 OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, 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(❑) 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 Page 44 of 355 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 an 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 Hoard 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 Director's action may be processed within thirty (30) days following the rendition of the decision of this Order in accordance with Section 11 A 1.01(B)(3). D. A copy of this Order shall be attached to the boundary survey described in Part 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 V11 day of , 2021. PLANNING AND DEVELOPMENT SERVICES ST, UCI C&NTY, LORIDA BY Leslie Olson, AICP, Director APPROVW AS TO FOR AND CO T ES County Attorney ' ' V Page 2 PDS No. 2021-041 File No.! LS-7202126095 Page 45 of 355 Planning and Development 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 ID112317-333-0000-000/2 in accordance with Section 11.03.04 -- Procedure for Minor Replats and Lot Splits and County retards 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: 2317-333-0000-000/2 Parcel Size: 19.54 acres Address: 2080 Pulitzer Road Existing Use: Vacant Zoning: AG-5 (Agricultural-5, ldu/Sac) Future Land Use: AG-5 (Agricultural-5, ldu/5ac) Existing Right -of -Way: None ST. LUCIE WORKS Page 46 of 355 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 of the Land Development Code, as follows. Page 47 of 355 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 R6 UIREMENTS Zoning District Maximum Gross Density DWAc Minimum Lot Size (so Minimum Lot Width Tinimu oa ronta 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 a non-cconformine, 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 staff s 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. ***k*kk*k*k**k***kk****k********kkk**k*****kk******k*kkk****** STANDARDS FOR LOT SPLIT REVIEW AS SET FORTH IN THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE SECTION 11.03.04 St. Lucie County Land Development Code (LDC) Section l 1.03.04 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: Page 48 of 355 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 thal 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 Tinimu District Grass Lot Size Lot Width rpm oa Density (so fonts 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 he construed as indicating the intent ofthe Board to accept maintenance of this Ingress/Egress Access or construed that the North St. Lucie River Page 49 of 355 Water Control District is dedicating this Ingress/Egress access to the Countyfar use as a "public road". The area described is not a "public road" and will not be maintained by St Lucie County. 3. If any lot abuts a street tight-of-waydght-of-way that does not conform to the desi n specifications provided in this Code, the owner shall be required to dedicate one-half the rlaht-of- way width necessary to meet the minimum deslgn.reguirements. 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 casements. 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 shall 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, Legal Department 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 ingresslegress 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. Page 50 of 355 Determination of Compliance with Environmental Requirements — Environrnenml 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 1D 2317-333-0000-000-2) into two (2) lots to create Lot I 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. Page 51 of 355 Ln Ln Cl) 4- 0 N LO N (6 a_ C E N N 4� a) H L bA p Q } a) a) E U C a) N L co a) W U � Q 06 +m Q 2i > CC A > O Q N ca J L Z Q) (B O E O 4- u+J _ _ n _ L U -1 Q U Q v U tv 00 cu cu U U a) d H O J U J O vi a) 41 d 02 02 L ra Q 3 >.� > > o a c N> v, Q C ) Z a)m ra m\ p O L a) [6 M IA cu f6 a) L O J O LAO O C7 U m U U a H U J N W U Ln CL 00 S p i L N O N O O (V r-I O N N \ \ 00 \ 0 cc al Ln N l0 0 m m 00 w w C) U L (1$ (u 00 Q0 ro Cl J c-I N o m o m O a � o i c-I O m O o N O t� a) a) � 3 a Ln LO LO Cl) 4- 0 LO m c� a- -0 ;�- c v a i O OA Q. n — N y v O ra GC t Q E H 4-1 u a)as w L -a OO Q IA... C6 N ++ ice+ U d ri C O O W ++ L E tLhA m E IA c� u a C 0 GJ W .� '.. O L N N H L L a a m v c °6 C (n 0 d J d 11 U > Ln CO (n H Ln Q C m u J J CQ G co Q O a C E O N _ SU E EC E O E O m N N O �_ QJ a) m fu L O L C N 0 � �n N *' A 'n 3 0 0 (j _� co r6 N H N H Lon Q aj to m a Ln Ln o 0 O O rn m_ le rn 0 O 0 m It O 0 0 N N O C1 air°�iud 's���o,� iiirV iii c es TO: Leslie Olson, AICP, Director THROUGH: Benjamin Balcer, Assistant Director FROM: Linda Pendarvis, Planning Manager 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 ID#2317-333-0000-000/2 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 Swarm Mill Circle Port St. Lucie, FL 34986 Parcel ID Number: 2317-333-0000-000/2 Parcel Size: 19.54 acres Address: 2080 Pulitzer Road Existing Use: Vacant Zoning: AG-5 (Agricultural-5, I du/5ac) Future Land Use: AG-5 (Agricultural-5, ldu/5ac) Existing Right -of -Way: None 111111111 �������lllllllllllllllltllllllic w t Page 54 of 355 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 of the Land Development Code, as follows. Page 55 of 355 Frontage: The length of a lot that fronts on a public street or that fronts on a private street having been constructed in confo"nance 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 (sf) Minimum Lot Width Minimum Road Frontage AG-5 AGRICULTURAL -5 0.2 217,800 150 60 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 a non -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 staff s 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. STANDARDS FOR LOT SPLIT REVIEW AS SET FORTH IN THE ST. LUCIE 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: Page 56 of 355 r I 1 I ' �i i I I �• 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 Minimum District Gross Lot Size Lot Width Road Density (sf) Frontage Du1Ac AG-5 AGRICULTURAL -5 0.2 217,800 150 60 f 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. 6 above shall be construed as indicating the intent of the Board to accept maintenance of this Ingress/Egress Access or construed that the North St. Lucie River Page 57 of 355 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. 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 shall 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, Legal Department 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. Page 58 of 355 Determination of Compliance with Environmental Requirements — Environmental Resources Department Back rg ound 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. Page 59 of 355 ALLEN LOT SPLIT LS 7202126095 Page 60 of 355 m (v tw m 4� c 0 0 0 0 T-4 tw u 0 u w 4- 0 4� 0 4� E Q) < 0 4-1 E LU < . 3: >C� 0 Z (U M 0 c: --' E m 0 Q) 4� u ,., 0 c---,- m E 4- m m .0 0 a) 0 4- a) 0 (U rt C14 41 Ol ro 0 -zt V, m Qj u 00 0 C) CL r14 0 0� >, C� a 0 '- < m m 0 m -0 F > F- 0 0- ) E c T v) (3) E u 0 0 < E 0 = 0 0 u u 8- u V) L.,- U V) 00 T-1 IZT 0 IH C) C) 00 (Y) m 00 Page 61 of 355 au 12 u Om E lz -C CL Oj c I-- aa. 0 U IZT q E -C 00 .64 -W a V) 0 E ij 0) E W U m u 0 0) UJ M 4- 0 u CL 0. m 4� c 4m- 0 < r u -j .E E m 0 E E 0 w m E mu E a 41 m Lq 6 Li- 2 ca Ln 0 5; m E 0 '0 a) 76 V� -CO 40- < E 0 lu U (U Ln E 0) +1 �6 " m E -E 0 'A vi 4E VA 0 0 0 Ch -a :3 0) 0 m 0 m Ln V) < ra Ln Lt) 0 C x 0 CY) 00 0) 0 0 a) -A cc 0 co cd 0 Page 62 of 355 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Site Address: 2080 PULITZER RD S cc/"T`owivRange: 17135S/39E Parcel ID: 2317-333-0000-000-2 Jurisdiction: Saint Lucie County Ownership Justin M Allen Cheryl L Allen 105 NW Swann Mill CIR Port St Lucie, FL 34986 Legal Description 9L Property Identification Use Type: 9900 Account fl: 13892 Map ID: 23/17S Zoning: AG-5 Count 17 35 39 S 1/2 OF SW 114 OF SW 1/4-LESS W 44 FT- U 9,68 AQ Current Values JUsl/Market Value: S237,442 Assessed Value: $5,412 Exemptions: $o Taxable Value: $5,412 Property taxes are subject to change upon change of ownership. • Past taxes are not a reliable projection of future taxes. • The sale of a property will prompt the removal of all exemptions, assessment caps, and special classifications. Taxes for this parcel: SLC Tax Collector's Offlice U Download TRIM for this parcel: Download PDF U Total Areas Finished/Under Air (SF): 0 Gross Sketched Area (SF): 0 Land Size (acres): 19.68 Land Size (SF): 857,260,8 Building Design • Speed Occupancy Category 1 11 111 & IV Speed 140 150 160 Sources/links: Sale History Date Book/Page Sale Deed Grantor Price Code Apr 8, 2021 4591 /0589 0001 SP CENTERSTATE BANK NA $315,000 Mar 5, 2021 4566/ 1606 0118 Ur Callaway Matthew A $275,100 Mar 29, 2018 4114/ 1093 0001 WD PENSCOTrust Company $340,000 Aug 6, 2014 3663 / 1898 oil] QC Fiserviss And Co $0 Sep 23, 2005 2373 /2258 XX0 I WD Solomon JR) William A $100 Apr 14,2005 2235/0026 XX02 WD Mauney Marie M $2,250,000 Jan 1, 1900 so Building Information (1 of 1) Finished Area: 0 SF Gross Sketched Area: 0 SF Exterior Data View: Roof Cover: Roof Structure: Building Type: Year Built: N/A Frame: Grade: Effective Year: N/A Primary Wall: Page 63 of 355 Story Height: No. Units: 0 Secondary Wall: Interior Data Bedrooms: 0 Full Baths: 0 Half Baths: 0 A/C %: 0% Electric: Heat Type: Heat Fuel: Heated %: N,,A% Sketch Area Legend Sub Area Description Area Fin, Area Perimeter Type Current Values Breakdown Building: $0 Land: $237,442 Just/Market: $237,442 Ag Credit: $232,030 Save Our Homes or $o 10% Cap; Assessed: $5,412 Exemption(s): $0 Taxable: $5,412 Primary lnt Wall: Avg Hgt/Floor: 0 Primary Floors: Sprinkled %: 0% Special Features and Yard Items Qty Units Year Blt Current Year Values Current Year Exemption Value Breakdown Current Year Special Assessment Breakdown Start Year AssessCode Units Description Amount 2013 0054 19.69 North St. Lucie Water Management District $403.44 This does not necessarily represent the total Special Assessements that could be charged against this propperty. The total amount charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tax Collector's Offsce U. Page 64 of 355 Historical Values Year Just/Market Assessed Exemptions Taxable 2020 $237,442 $5,412 $o $5,412 2019 $237,442 $5,412 $0 $5,412 2018 $150,480 $5,412 $0 $5,412 Permits Number Issue Date Description Amount Fee Notice: This does not necessarily represent all the permits for this property. Click the following link to check for additional permit data in Saint Lucie County All information is believed to be correct at this time, but is subject to change and is provided without any warranty. D Copyright 2021 Saint Lucie County Property Appraiser. All rights reserved. Page 65 of 355 FILE # 4847853 OR BOOK 4591 PAGE 589, Recorded 04/14/2021 12:49:01 PM Doc Ta) $2205.00 Prepared by and return to: Treasure Coast Title & Escrow, LLC 426 Avenue A Fort Pierce, FL 34950 (772) 461-7190 File Number: 21-069 Tax Parcel Number: 2317-333-0000-000/2 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of this 9th day of April, 2021 between CenterState Bank, N.A., a Florida Corporation whose post office address is 1101 1st Street South, Winter Haven, FL 33880 ("Grantor"), to and for the benefit of Justin M. Allen and Cheryl L, Allen, husband and wlfe, whose post office address is 105 NW Swann Mill Circle, Port St Lucre, FL 34986 ("Grantee"). WITNESETH: That Grantor, for and in consideration of the sum of "Ten Dollars ($10.00) and other good and valuable consideration to it in hand paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, conveyed, and sold, and does hereby grant, bargain, convey, and sell, mito Grantee and Grantee's successors and assigns, all that certain land lying, situated and being in St. Lucie County, Florida, more particularly described, to wit: The South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 17, Township 35 South, Range 39 East, less arad except the West 44 feet thereof, all lying and being in St. Lucie County, Florida. Together with all beaiefits appurtenant to the property conveyed hereby and subject to nil burdens appurtenant to the property conveyed hereby set fortis in that certain Easement Agreement recorded in Official Records Book 3123, Page 1925, as amended in Official Records Boole 3569, page 859, all of the Public Records of St, Lucie County, Florida. V'A Parcel Identification Number, 2317-333-0000-000/2 (the "Land") TOGETHER WITH all of Grantor's right, title and interest in and to all buildings, structures and other improvements located on the Land, and any and all fixtures attached to or incorporated within such buildings, structures and other improvements, if any. All of the property and property rights described above shall be referred to herein as the "Property," To have and to hold the Property, and all the estate, right, title, interest, lien, and equity whatsoever of Grantor with respect to same, either in law or in equity, to the proper use and benefit of Grantee and Grantee's successors and assigns, forever, in fee simple. This conveyance is subject to real estate taxes and assessments for the year 2021 and subsequent years, which are not yet due and payable, existing zoning ordinances and other restrictions as may be imposed by applicable government authority, matters that would be shown on a current Page 67 of 355 survey, and covenants, conditions, restrictions, limitations, reservations, easements and other tnatters of record, including those listed on Exhibit "A" attached hereto and incorporated herein by this reference (collectively, the "Permitted Exceptions"); provided, however, that tiie foregoing reference to the Permitted Exceptions shall not be deemed to reimpose any of same. Subject to the Permitted Exceptions, Grantor specially warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness Printed Name: r� /�Y� f} z a �.i C' 7 Witness r Printed Name; \ State of Florida County of '�AiIlN f) i . o Centers etc [c, N.A., a Flori Corpora n By: Idania Kestel, Vice Presid nt The foregoing instrument was acknowledged before me by means of M physical presence or U online notarization, this E�_ _th day of April, 2021 by Idania Kestel, Vice President of Centerstate Bank, N,A,, a Florida Corporation, on behalf of said corporation who [& is personally known or U has produced a driver's license as identification. [Seal] �o���r��r`. ALEXANDRAPEKA �1 JYr *� E. Notary Public - Siate of florida COMM15siGII 4 GG W236 My Comm. Expires dun 23, 2023 Notary Public; Q i� Print Name; c') P fi, rc0 A My Commission Expires; Uly? Page 68 of 355 Exhibit "A" PERMITTED EXCEPTIONS ALL RECORDING REFERENT CES ARE AS TO THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA 1. Taxes and assessments for the year 2021 and subsequent years, which are not yet due and payable. 2, Easements, cairns of easements, boundary line disputes, overlaps, encroachments or other matters not shown by the public records which would be disclosed by an accurate survey of the Land. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 4. Easement by and between East Coast Cattle Co,, Grantor, and Florida Power & Light Company, Grantee, recorded June 8, 1926, in Deed Book 73, Page 53, S. Terms and conditions of that Grant of Easement by and between Sam D, Mauney and Marie M. Mauney, his wife, Grantor, and A. Wallace Moore, Jr., Grantee, recorded September 25, 1975, in Official Records Book 244, Page 386, 6. North St. Lucie River Water Control District Resolution Relating to Legal Access to Private Lands over Facilities within District Rights -of -Way recorded December 21, 1989, in Official Records Book 669, Page 699. 7. Terms and Conditions set out in Easement by and between BMA, LLC, a Florida limited liability company, Grantor, and Maria Infante, Grantee, recorded September 2, 2009, in Official Records Book 3123, Page 1925, amended in Official Records Book 3569 page 859. Page 69 of 355 FILE # 4827823 OR BOOK 4566 PAGE 1606, Recorded 03/07/2021 12:15:14 PM Doc Tax: $1925.70 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CENTERSTATE BANK, N-A. Plaintiff, V. MATTHEW A. CALLAWAY, and JESSICA R. CALLAWAY, Defendants. CASE NO.: 19-CA-002123 CERTIFICATE OF TITLE The undersigned, Joseph E_ Smith, Clerk of the St_ Lucie County, Florida Courts, hereby certifies that a Certificate of Sale has been executed and filed in this action on February 16, 2021, for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections. The following property in St. Lucie County, Florida: THE SOUTH '/2 OF THE SOUTHWEST '/4 OF THE SOUTHWEST '/4 OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LESS AND EXCEPT THE WEST 44 FEET THEREOF, ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. TOGETHER WILL 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. Property address: 2080 Pulitzer Road, Fort Pierce, FL, 34945-4417 Real property tax identification number is: 2317-333-0000-000/2 was sold to: Centerstate Bank, N.A. c/o Idania Kestel 1550 N. Krome Ave Homestead, FL 33030 $275,100.00 Page 71 of 355 WITNESS my hand and the seal of the court on the 5th day of March, 2021 MICHELLE R. MILLER Clerk and Comptroller By:(9��— Deputy Clerk This document prepared by: LAW OFFICES OF PAUL A. HUMBERT, P.L. Counsel for Plaintiff, Centerstate Bank, N.A. 9655 S. Dixie Hwy., Suite 119 Miami, Florida 33156 TeL (305) 914-7862 Fax. (305) 513-5153 Email: pa@pahumbertlaw_com SERVICE LIST Centerstate Bank, N.A. c/o Idania Kestel 1550 N_ Krome Ave Homestead, FL 33030 Law Offices of Paul A. Humbert, P.L_ 9655 S. Dixie Hwy_, Suite 119 Miami, Florida 33156 Matthew A_ Callaway 258 Mill Stone Lane North Augusta, SC, 29860 Jessica R. Callaway 258 Mill Stone Lane North Augusta, SC, 29860 Page 72 of 355 FILE # 4418205 OR BOOK 4114 PAGE 1093, Recorded 04/02/2018 11:31:52 AM Doc Tax: $2380.00 This Instrument Prepared by and Return to: Douglas E. Gonano, Esq. GONANO & HARREL 1600 SOUTH FEDERAL HIGHWAY, SUITE 200 FORT PIERCE, FLORIDA 34950 Our File No.: 1601,020 Florida Documentary Stamps in the amount of S2,380.00.00 have been paid hereon. SPACE ABOVE THIS LINE FOR RECORDING DATA WARRANTY DEED THIS WARRANTY DEED, made the ^ day of March. 20IR t,� Poo«., -r—..+ t- r Limited Liability Company, Custodian flblo William A. Solomon IRA, whose post office address isV1560 Broadway, Suite 400 Denver, Colorado 80202-3331 hereinafter called the grantors, to Matthew A. Callaway and Jessica R. CalIaway, husband and wife whose post office address is 4066 SW Canrady Street, Port St. Lucie, FL 34953, hereinafter called the Grantees: (Wherever used herein the terms "grantor" and grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations} W I T N E S S E T H: That the grantors, for and in consideration of the sum of Three Hundred Forty Thousand and 00/100 ($340,000.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in ST. LUCIE County, State of Florida, viz.: The South V, of the SW 'A of the SW '/, of Section 17, Township 35 South, Range 39 East, less and except the West 44 feet thereof, all lying and being in St. Lucie County, Florida Property Appraisers Parcel Identification (Folio) Numbers: 2317-333-0000-000-2 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. Subject to easements, restrictions and reservations of record and to taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantors hereby covenant with said grantees that the grantors are Iawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written Signed, sealed and delivered in the presence of: L� - Wimes #1 Signature 1�o-rc v) a zz:, n W ess #1 Printed art e Wi ess 92 Sig ture Witness #2 Printed Name Pensco Trust Company, LLC, a Colorado Limited Liability Company, Cusodlan F1B10 William A. Solomon IRA 45- Print Name: PENSCO Trust Company By: Christina Martinez rts: Authorized Signatory (Seal) Authorized Agent / Member / Authorized Signatory 1560 Broadway, Suite 400 Denver, Colorado 80202-3331 7 STATE OF 6 O COUNTY OF � J/� The foregoing instrument was acknowledged before me thi j� day of March, 2018, b as an authorized signatory, member, authorized agent of Pensco Trust Company, LLC a Colorado Limited Liability Company, Custodian M/o William A. Solomon IRA on behalf of the corporation. He/She is personally known to me or has produced as identification. SEAL My Commission Expires: IAIIaDo TREK 51GETY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19954001003 MY COMMISSION EXPIRES JANUARY 19, 2019 Notary S nature Printed Notary Name Page 74 of 355 FILE # 3986382 OR BOOK 3663 PAGE 1898, Recorded 08/19/2014 at 12:E A This document prepared by (and after recording return to): Lotem Name/Dept.: Sella/Reregistration Project Firm/Compan PENSCO Trust Company y: Address: PO Box 173859 City, State, Denver, CO 80217 Zip: --------Above This Line Reserved For Official Use Only ------------- APN # 2317-333-0000-000/2 QUITCLAIM DEED THIS QUITCLAIM DEED, Made Wednesday, August 06, 2014, by FISERV ISS & COMPANY, f/b/o WILLIAM A. SOLOMON, hereinafter referred to as "Grantor", to PENSCO TRUST COMPANY FBO WILLIAM A. SOLOMON IRA, hereinafter called "Grantee." Witnesseth, that the Grantor, for and in consideration of the sum of ten dollars ($10,00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, and quitclaim unto Grantee the following lands and property, together with all improvements located thereon, lying in the County of Saint Lucie, State of Florida, to -wit: The South 1/2 of the SW 1/4 of the SW 1/4 of Section 17, Township 3S South, Range 39 East, less and except the West 44 feet thereof, all lying and being in St. Lucie County, Florida. Prior instrument reference: Book 2373, Page 2258, Document No 2718252, of the Recorder of Saint Lucie County, Florida. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien equity and claim whatsoever of the said Grantor(s), either in law or equity, to the only proper use, benefit and behalf of the Grantee(s) forever. WITNESS Grantor(s) hand(s) this Wednesday, August 06, 2014. Documentary Transfer Tax is $0.00 Grantor(s) and Grantee(s) in this conveyance are comprised of the same parties, who continue to hold the same Proportionate interest in the property. Send Tax Statement to Grantee Elizabeth Alexander, Au- th ized Signer FISERV ISS & COMPANY, f/b/o WILLIAM A. SOLOMON A, Page 76 of 355 C C Signed, Sealed and Delivered in the presence of these Witnesses (one of whom may be the Notary): Sign: GT Witness Signature Printed Name STATE OF COLORADO COUNTY OF DENVER Sign: _ 14 �r Witn s Signature Printed Name On the Sixth of August, 2014 before me, K�{�� _ _ a Notary Public, personally appeared Elizabeth Alexander, Authorized Signer for FISERV ISS & COMPANY, f/b/o WILLIAM A. SOLOMON, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. KAISTI COTTRELL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2014402 0 MY OOWISSiON EXPIRES JUNE 12, 2018 Grantor(s) Name, Address, phone: FISERV ISS & COMPANY, f/b/o WILLIAM A. SOLOMON PO Box 173859 Denver CO 80217 L Notary Public l Print Name: ��t`�i\ t�l� Grantee(s) Name, Address, phone: PENSCO TRUST COMPANY FBO WILLIAM A. SOLOMON IRA PO Boa 173859 Denver, CO 80217 SEND TAX STATEMENTS TO GRANTEE c Page 77 of 355 FILE # 2716252 OR BOOK 2373 PAGE 2258, Recorded 09/27/2005 at 12:08 PM Doc Tax: $0.70 THIS INSTRUMENT PREPARED BY AND RETURN TO:. Douglas E. Gonano, Esq. GONANO & HARRELL 2100 E. OCEAN BOULEVARD, SUITE 205 STUART, FLORIDA 34996 Property Appraisers Parcel Identification (Folio) Numbers: 2317-333-0000-000/2 Space Above This Line For Recording Data T HIS WARRANTY DEED, made the 232 1day of September, 2005, by William A. Solomon, as Trustee of the W.S. Medical Systems, Inc. Profit Sharing Plan and Trust for William A. Solomon, herein called the Grantor, to Fiserviss & Co., Vb/o William A. Solomon, together with the power to sell, and all powers provided in Florida Statute 689.071, whose post office address is P.O. Box 173859, Denver, Colorado 80217, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of TEN AND 00/1001S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in ST. LUCIEE County, State of Florida, viz,: The South Y2 of the SW'/. of the SW'/4 of Section 17, Township 35 South, Range 39 East, less and except the West 44 feet thereof, all lying and being in St. Lucie County, Florida. This instrument evidences a transfer of legal title only to a successor trustee in connection with a pension plan roll over into an IRA with no change of beneficial ownership. Accordingly only minimum documentary stamps are due in connection herewith. Subject to reservations, restrictions, easements and rights of way of record, if any, provided however, this reference shall not operate to reimpose the same. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness #1 Signature �cfo? r1414 W s # l� .. ted Name William A. Solomon, as Trustee of the W.S. Medical Systems, Inc. Profit Sharing Plan and Trust for William A. Solomon 613 NE Emerson Street Port St. Lucie, Florida 34983 Page 79 of 355 FILE # 261BS19 OR BOOK 2235 PAGE 26, Recorded 05/06/20 Doc Tax: $15750.00 116% instrument Prepared By and Return to FRANK flFEE, fV, rSQ. of "IREASURE (,,OAS"F ADSTRAC, F & TIJU; INSURAN'Cl,,' Co 401 So. Indian River Dr, Fort Pierce, FL 34950 Property Appraiser's Parcel identification (Folio Number): 2320-501-0017-000/9, et al ae"W1101411 THIS WARRANTY DEED, made the day of A. WALLACE MOORE, JR., whose post office address is 5005 Rockmere Court - Bethesda, NID 20816-2449 "ST MARIE MOORE MAUNEY, whose post office address is 401 Northbrook Drive - Raleigh, NC 27609-5617 hereinafter called the Grantor, to BMA, LIX, a Florida limited liability company, AS TO PARCEL ONE, ONLY whose post office address is: 613 N,E. Emerson Street - Port St. Lucie, FL 34983 "I'trej WILLIAM A. SOLOMON, as Trustee of the W. S. Medical Systems, Inc. Profit Sharing Plan and Trust for William A. Solomon, AS TO PARCELS TWO and THREE ONI..,Y, together with the power to sell, lease, encumber, maintain, and otherwise manage the hereinafter described Parcels Two and Three as provided in FS §689.07 1. whose post office address is: 613 N.E. Emerson Street - Port St. Lucie, FL 34983 each hereinafter called the Grantee. ( Whcnever used herein the terms "Grantor" and "Grantee" include all the parties to the instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns ofoorporations, wherever the contest so admits or requires.) WITNEssurn, That the Grantor, for and in consideration of the sum of $ 10. 00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the Grantee all that certain land, situate in St. Lucie County, Florida, viz: Page I of 4 Page 81 of 355 PARCEL ONE: Lots 1, 2, 3 and 4 of Block 2 of Plat of McNurlen Farms, according to the Plat thereof as recorded in Plat Book 4, at Page 56 in the public records of St. Lucie County, Florida. PARCEL, TWO: Lots 5, 6, 7 and 8 of Block 2 of Plat of McNurlen Farms, according to the Plat thereof as recorded in Plat Book 4, at Page 56 in the public records of St. Lucie County, Florida. PARCEL, THREE: The South 1/2of the SWI/4of the SWI/4of Section 17, Township 35 South, Range 39 East, less and except the West 44 feet thereof, all lying and being in St. Lucie County, Florida. TOGETHER WITH all affixed drainage and irrigation equipment and systems, including microjet pump and power unit, poly -tubing, emitters, and the like, and installed culverts, pipes, and gates, if any, and any flow -well in place. SAVING AND RESERVING to Grantor the entire, remaining 2004-2005 crop of citrus fruit upon the trees located upon the above -described real property, with right reserved to Grantor of access and easement upon and over the property at all reasonable times for purposes of caring for and harvesting such crop until the completion of harvest. Grantors, covenant with Grantee that no part of the above described real property constitutes their homestead by virtue of the fact that they are non-residents of the State of Florida. Grantor, Marie Moore Mauney, covenants with Grantee that she is the unremarried surviving spouse of Sam D. Matiney, and that her marriage to Sam D. Mauney was continuous and without interruption from the date part of the above -described real property was conveyed to them down to and including the date of his death on TOGETHER, with all the tenerrients, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever, Nge 2 of 4 Page 82 of 355 AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness Si nature Printed Name: M& . Witness Signature Printed Name: V<< 1 Sc a h 1, STATE OF / /a.J t/ COUNTY OF CST 4e, 4VAS�� A!�� Printed Name: A. Wallace Moore, Jr. Address: 5005 Rockmere Court Bethesda, MD 20816-2449 I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared A. Wallace Moore, Jr., known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same , and an oath was not taken. (Check one:) Said person(s) is/are personally known to me. 0Said person(s) provided the following type of identification: /41 Witness my hand and official seal in the County and State last aforesaid this 10'_' day of i 1 NOTARY RUBBER STAMP SEAL I AclRlc RALMN NOMY PUBLIC MONTGOMERY COMM MA RYLMD *my CcOyrya W fn*m Jai. 3, 2007 Aotary Signatur rk a LTG,•, Printed Notary Name Page 3 of 4 Page 83 of 355 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of; 11� Witness Signature Printed Name:I�j Witness Signature Printed Name: 14 ftv�S STATE OF _;1 e COUNTY OF-'-- Printed Name: Marie Moore Mauney Address: 401 Northbrook Drive Raleigh, NC 27609-5617 I hereby certify that on this day, before me, an officer duty authorized to administer oaths and take acknowledgments, personally appeared Marie Moore Mauney, known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that she executed the same, and an oath was not taken. (Check one Said person(s) is/are personally known to me. Said person(s) provided the following type of identification; & OL Witness my hand and official seal in the County and State last aforesaid this day of 2005. �oRtiA o�F NOT SEAL {/ Comm i Notary Signature 3-30-2()08- C777&1,4 UVv' . A \G ?U Printed Notary Name Page 4 of 4 Page 84 of 355 7 '9/ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES �� STATE CENTER FOR HEALTH STATISTICS — VITAL RECORDS SECTION CERTIFICATE OF DEATH - Registratio District? DcalNo.� T13F—Last Birthda 2 / 4, 5. (Years) 74 WAS DECEDENT EVER IN U.S. ARMED FORCES? (Yes or No) ---""—"--- Yes HOSPITAL: FACILITY NAME (f! not lnshtution, give street and numi _�JNDER 7 YF�B lwnFR i I]AY— DATE OF BIRTH {Month, Day, BIRTHPLACE (County and State Months Days Hours Minutes Year) 4 —10 — 2 3 ortrth' inY ton NC 5b. Sc. S. 7. L3 U LIl 9a, PLACE OF DEATH (Check only one) © ER/Outpatient ❑ DOA OTHER: ❑ Nursing Home ❑ Residence ❑ Other CITY, TOWN, OR LOCATION OF DEATH INSIDE CITY LIMITS? COLIN (Yes or NO) 9c. Wi PTn 9d. 90, i [_ MARITAL STATUS —Married, Never SURVIVING SPDUSE(itwife,givemaidenmine) DECEDENTSUSUALOG UPATION(Givek�ndotwork KINL_. ✓ ) _! t, Married, Widowed, Divorced (Speciy) done during most o1 working fife. Do not use retired.) 70 11 12a. 26. utility_ RESIDENCE —STATE COUNTY CITY, TOWN, OR LOCATION FT -v9a�9 Ralei h 13d.401 Northbrook Dr. NC 13b. Wake 13c. INSIDE CITYLtMITS? ZIP COOP Was Decedent of Hispanic Origin, (Specify Yes or RACE --American Indian. DECEDENT'S EDUGATiON (Specilyontyhighesrgrade ' (Yes rNo) No —It yes, specify Cuban, Mexican, Puerto Rican. Black, White, Etc. (Specify) eorrlpfeted) Elementary/Seoondary (D-12) College (13-17+) Wes 27609 erc.) ❑ Yes XNo(Specify) White ,e. 16 years 13e. 13t. 14. 15. FATHER'S NAVE (First, Middle, Last) MOTHER'S NAME jFrrst, Middle, Maiden Surname) 17.Samuel Davidson Mauney ma. Eli ab Rockett INFORMAPIT'S NAME (T —Pnnt) MAILING ADDRESS (Street and Number or Aural Route Number, City or Town, Slate, Zip Cade) DATE AMENDED ,ga. Marie M. Mauney ligb.401 Northbrook Dr. Ral 1q-- rval PartI, nter the diseases, in)unes, or —complications that caused the death. Do not enter the made o dying, such as Cardiac or rest„ratory arrest, shots, er heart allure. Bettye n Owisel and If appropriate, enter tobacco, alcohol, or drug use. List only one cause on each line. ( RINT or TYFF) Between Ousel and Death IMMEDIATE CAUSE !► (Final disease or a. - corkidonresulting QUF TO4RA�SACONSEQLIENCEOF). In death) E Sequarthallylislcandillons bif any, leading to immedate CUE TO(ORAS A CONSEQUENCE OF): ` • • cause, Enter UNDERLYING CAUSE (Disease or injury thalinitialedevents C. resulting in death) FIST_ DUE TO iOR AS A CONSEQUENCE OF): 20a. d. PART II. Other significant conditions contributing to death but not resulting in the underlying cause given in Fart!, such as tobacco, alcohol, or drug use; diabetes, etc. 20b. AUTOPSY? (Yes or No) It yes, were findings considered In determining cause of death? Was case referred to Medical Examiner? (Yes or No) TIME OF DFATH 21a" N 0 21b. 21c. �03 22 ES NOTICVr STATE LAW REQUIRES THAT ALL DEATHS DUE TO TRAUMA. ACCIDENT, HOMICIDE, SUICIDE, OR UNDER SUSPICIOUS. UNUSUAL, OR UNNATURAL CIRCU STANCE$ BE REPORTED TO. AND CERTIFIED BY A MEDICAL EXAMINER ON A MEDICAL EXAMINER'S CERTIFICATE OF DEATH. ANY DEATH FALLING INTO THESE CATEGORIES IS WITHIN + THE MEDICAL EXAMINER' JUR REGARDLESS OF THE LENGTH OF SURVIVAL FOLLOWING THE UNDERLYING INJURY, 1 SIG NATURE AND TITLE CERTiFIE6Y'� DATE SIG N�E { nth�yDaF r)�% 23a. 7 23b. 0 r ! PC NAME A ADDRESS /S OOF+ PE"/R��$ON W O COMPLETED CAUSE OF DEATH (ITEM 20) (Type or Print) 24. r' V C— }. METHOD OF DISPOSITION PLACE OF DISPOSITION (Name ct cemetery. cremalory, or other LOCATION — City or Town, State, Zip Code e * XkBurlal ❑ Cremation ❑ Removal place) 2 7 6 12 259. ©Donation ❑Other 2sb. Raleigh Memorial Park 25c. R NAME AtlR ADDRESS OF FUNERAL HOME Raleigh, NC 27605 SIGNATURE OF FUNERAL DIREGTO LICENSE NUMBER Brown -Wynne F14neral ome sob Cary B. Cannady 26c 1129 DEHNR 1872 28a. (Revlaed 3196 REGIS SSIG U OAT ED ( as/p/]l, D4yr�?e SIGNATU E OFENITtMER LICENSE NUMBER Review2r99) ! 28. fV �[LJGII �ary C:x1tz Zee. 1258 VITAL RECORDS 27. 26d. Page 85 of 355 I certify that the photocopy on the reverse side is a true copy of the original record filed in the vault of North Carolina Vital Records, North Carolina Department of Health and Human Services. Vol. Page y Date Issued y i'3l4 R. Glenn Cutler State Registrar and Director North Carolina Page 86 of 355 ' Page 87 of 355 V 2- M r, 2- Lp MM ITI:G,. N 1,Ur C� A- klo r, 0 UN ",D 0 I'D m" 0 �D a, %N M N M:t- N -r N C� 0, L� "i 7 I'D MM(h Ln NNI�N N :r Nr- M N (M Ul X: w u"V0) Q L0n U0. C�) to ; Q- rr-COO �(9j- r0R RON c>00000 0 ter' 00 to I" acx W w > > Li I- M.X 0 ,.-OwHwc (M W Q Z I- =1 -j 0 N A pA Ln 'n w N Ln ic M! I- = CX I- -j "U-"MLn Ln U. m z Lriq." 0 00-0 kD n r- N r- U� M, N r- 8 '0 %D N zl- co t 1110 110 Lp (D (\j t.- ux- tn w UWLL.MZ wo 0<20 0 N -V f- LO Z C> m Nr- Nr-wo M 0 QOOOC> N N 0 ON a., w i; (M N x w M Lu i- x: x Ln a x w m twi-fxo 0- 0 uj a: -j (�., n ui (z -j m Ln wmm 2: ui C) z (m I- I- to LLJ X = a) z -i I- 73 OXMOC4 Z 0 I- :3 > �czv(�2 0 N NCl r aD Ln >- z 0 >. ULntdLnu-c:kz LAN 0 (D (D — 0 a,D r- Lr* 0 0 rq Nr-00�2 cc) wry CD:J" I'D 0-0c,CO m C> OQQOO m CC) 0 OD w 4 4 - kD �D x m �Z> wl- XLn CE: Ln z Eiz-j I- OXMIDW 1� = ui G: Z Z I- AA CD. UN rCD.- _r J" IDCO uj co U in >- CN w I 0- z m W zt, u U. 0 LWID _j 0:t- ti U.1-t U. CG ul N 0 Ln -j N ,m Ix w (M cc z -j Z Q (L CN11 vi C, 11 U- CN t3- co ED c) C>O k D Ln d, C> (xi zr C:� C%j Lit 0 LL. N C5 Ln (D 1- �L :2- CO a U. CL I'D LL CL ui kD -I in UN I- LLJ %D 1. 00 M 01, C�! UA UJ Ln, m 0 C> tj N tL Q acz — (Ij Lail LLI cv, uj -j as cc 'D ka re uj:t, as i- WZ CY- 00 C-r Ln C,� 0 uj in X:F> c� C, Ln Q I- Q J- u I- (p u) %,D Z 0 Q IL (el I- LL LLJ z 0 m I- LL Uj C 0 (\j rn -i U -j ull Lu ON _j 101 C, w I ru LL -j tp --I- M IL L O r-L- ai,j) :x -j LO kD Lu . r- r-I w r- Ld U CN cc M) E t_) aN Ln ON x CA: ril Cc Ctri M m CL- 0- X cz m MW LL 0. UN al LU LL CU �ljz uj klo NM LC% C, ., .4 V, 0 0 coo. M LO I- OD 0. -j --t- rn to a: C> 2: J- t- cr C� LU I- I- r- C> a: M, i Ln ce tL I :, 0: U. 0 z z 0 0 C> 0 ui 0 rn m :t- m ol (\j I— L�- m U� w —Z Z Ln Ln t- z t;m W uj -j CN LIN :r UJ C:. U'S Ln Ln MLOxU \0 U- M C> c-5 rh (XI CJ!. ZLU z q Un as m 7 w m nj `,O (Dr- -t l-)U- i'D Ull LLI m LU -1 Pi I- LL-1 11 tL c,_* 1: M LL C, Q Gi 01 C. UN -j L� UN cc (NI Ln 1 11 a LL C4 Cc 'I'D CN Page 88 of 355 ALLEN LOT SPLIT LS 7202126095 Page 89 of 355 FILE # 3385032 OR BOOK 3123 PAGE 1925, Recorded 09/02/2009 at 04:15 PM Doc Tax: $0.70 EASEMENT AGREEMENT This agreement is made this 12 th day of August, 2009 by and between BMA,LLC, a Florida limited liability company ("BMA") and MARIA INFANTE ("Infante"). WHEREAS, BMA is the owner of that property which is more particularly described as: (A) Lots 2, 3, 5, 6, 7, and 8, Block 2, of the Plat of McNurlen Farms, according to the Plat thereof, as recorded in Plat Book 4, Page 56, in the Public Records of St. Lucie County, Florida, and (B) the South Y2of the SW % of the SW Y4of Section 17, Township 35 South, Range 39 East, less and except the West 44 feet thereof, all lying and being in St. Lucie County, Florida which is located in St. Lucie County, Florida (collectively "BMA Property") which property is adjacent to or within close proximity to the following described property: Lots 1 and 4, Block 2, of the Plat of McNurlen Farms, according to the Plat thereof, as recorded in Plat Book 4, Page 56, in the Public Records of St. Lucie County, Florida (collectively "Infante Property"); and WHEREAS, the parties are desirous of creating the easements that are more particularly described in and arise under this instrument which easements burden, benefit or otherwise affect the BMA Property and the Infante Property in the manner set forth herein, NOW, THEREFORE, for and in consideration of the sum of $10.00 the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Ingress/Eg.ress and Drainage and Utilities Easement Benefitinq BMA. Infante hereby grants BMA a non exclusive, perpetual easement that is appurtenant to the BMA Property for the benefit of BMA, its successors in interest and in title, assigns, licensees, tenants and invitees over the south 50 feet of Lot 4 of the Infante Property which easement area is described and depicted in the sketch of description and legal description which is attached hereto as composite Exhibit A for (a) ingress and egress for pedestrian and vehicular access, ingress and egress which shall include the right to enter upon, travel across and (b) for drainage and irrigation of the BMA Property which shall include the right to install, maintain and replace piping, lines, control structures and any other components that may be necessary or desirable to effectuate drainage and irrigation of the BMA Property as it now exists or may hereafter be improved and used and (c) for any type or nature of utilities that may now or hereafter service the BMA Property and which may be now or hereafter installed, maintained, repaired and replaced. Page 91 of 355 2.Drains Easement Benpfiting Infante, BMA hereby grants Infante a non exclusive, perpetual easement that is appurtenant to the Infante Property for the benefit of Infante, its successors in interest and in title, assigns, licensees, tenants and invitees over all portions of the easement areas that are located on the BMA Property that are described and depicted in the sketch of description and legal description which is attached hereto as composite Exhibit A for (a) ingress and egress for pedestrian and vehicular access, ingress and egress which shall include the right to enter upon, travel across and (b) for drainage of the Infante Property which shall include the right to install, maintain and replace piping, lines, control structures and any other components that may be necessary or desirable to effectuate drainage of the Infante Property as it now exists or may hereafter be improved and used. 3. later Drawing Rights The parties acknowledge that there is an approximately six inch flow well that is located within the easement areas depicted on Exhibit A hereto which flow well is approximately located in the southeast corner of lot 3, block 2, Plat of McNurlen Farms, according to the plat thereof as recorded in Plat Book 4, Page 56, of the public records of St. Lucie County, Florida. BMA hereby grants a temporary license to Infante to draw water from said well for the sole and exclusive purpose of watering livestock that is being grazed upon the Infante Property. This license is a temporary license and shall automatically terminate on the date that is the sooner of the date that BMA closes upon the sale of Lot 3 to a third party or one (1) year from the date hereof. BMA makes no representation or warranty concerning the quality of the water that is now or hereafter produced by said well nor the ability of said well to continue to produce water at anytime in the future. The foregoing license shall be a non exclusive license that is subject to the draw rights and on going well and water usage by BMA during the term that said license exists. 4. Maintenance of Easement Areas. BMA shall have the ongoing obligation, at BMA's expense to mow and otherwise maintain the easement areas depicted on Exhibit A and the drainage swales and ditches located within or on the easement areas that are depicted on Exhibit A, which shall specifically include the easement area which is located on the south 50 feet of Lot 4 of the Infante Property. Such mowing and maintenance shall be performed at such times and in such manner as is necessary for such drainage swales and ditches to continue to effectively function in the manner that they are now functioning, 5. Noninterference. BMA shall not anytime erect any landscaping, barricade, fence or other structure or physical barrier in the south 50 feet of Lot 4 of the Infante Property. BMA shall not at any time, modify the easement areas depicted on Exhibit A hereto in a manner that materially affects in an adverse manner, the ability of Infante to have ingress and egress to the Infante Property or to drain the Infante Property into those portions of the Exhibit A easement areas that are now located in the south 50 feet of Lot 4 and the south 20 feet of Lot 2 and Lot 3. 1) Page 92 of 355 6. Culvert Replacement. The parties acknowledge that physical ingress and egress to all or significant portion of the BMA Property and the Infante Property is from Brocksmith Road and requires the crossing of Canal No. 53 which is immediately adjacent to Brocksmith Road and that the ability to cross the canal is dependent upon the existence of a culvert across said canal. The parties agree that in the event replacement of the culvert becomes necessary due to physical deterioration or in order to comply with the requirements of any regulatory agency or governmental body having jurisdiction over the canal and/or the culvert, the cost of such culvert replacement shall be borne on a pro rata basis by the owners of Lots 1 through 8 of Block 2, McNurien Farms and that the owner of each lot shall contribute one eighth (118th) of all such expense upon demand by any owner of any of Lots 1 through 8 that undertakes the replacement of said culvert. Said funds shall be contributed prior to the commencement of the culvert replacement to an escrow account held by a Florida licensed title insurance company or attorney in good standing with the Florida Bar and any noncontributing land owner shall be liable for such lot owner's appropriate contribution for the cost of such culvert replacement which contribution may be collected by legal process through the courts of St. Lucie County, Florida and the prevailing party in any such suit shall have the right to recover all costs and attorney fees incurred in connection with such suit. SIGNATURE PAGES ATTACHED 1) Page 93 of 355 Signed, sealed and delivered In the presence of: BMA, LLC, a Florida limited liability company BY: William A. Solomon, Manager STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this ��y of August, 2009 by William A. Solomon, as Manager of BMA, LLC, a Florida limited liability company, on behalf of said company, wjwja-personal1_y known to me or has produced as identifica io . Notary PublicU State o lorida d Page 94 of 355 Signed, sealed and delivered In the presence of: f�! ons 4 6� Maria Infante rc.�elle_ STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this I day of August, 2009 by M ria Infante who is personally known to me or has produced as identification. Notary *Puli, �—,%t, ,a*gY•���, Stacy Ewing Consalvo Commiss*n # DD547030 Expires May 28, 2010 .,�I•�� ttt� 9ontleG iroy Fa.:.. rsw3nca jnc dtl038S76i9 r� Page 95 of 355 LEGAL DESCRIPTION FOR INGRESS/EGRESS AND DRAINAGE EASEMENT LEGAL DESCRIPTION.• A PORTION OF LOTS 1, 2, 3, 4, 5, 6, 7, AND 8 OF BLOCK 2, PLAT OF MCNURLEN FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 56 IN THE PUBLIC RECORDS OF ST L UCIE COUNTY, FL ORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 50 FEET OF LOT 4, THE SOUTH 50 FEET OF LOT 3, THE EAST 20 FEET OF LOTS 2, 3, 6, AND 7, AND THE EAST 90 FEET OF THE SOUTH 75 FEET OF LOT 3, AND THE NORTH 20 FEET OF THE EAST 90 FEET OF LOT 6, ALL LYING AND BEING IN SAID BLOCK 2 THEREOF. TOGETHER WITH A PORTION OF THE NORTHWEST 114 OF SECTION 20 TOWNSHIP 35 SOUTH, RANGE 39 EAST BEING DESCRIBED AS FOLLOWS. - THE EAST 20 FEET OF THE WEST 658.96 FEET OF THE NORTH 25 FEET OF SAID NORTHWEST 114 OF SECTION 20. CONTAINING: 155410, 28 SQUARE FEET NOTES.• 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. SURVEYORS CERT/F/CAT/ON.- I HEREBY CERTIFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPT/ON " WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FL OR/DA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS 1N CHAPTER 61 G 17- 6, FL ORIDA STATUTES, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BFLIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FL OR10A LICENSED SURVEYOR AND MAPPER. ROBERT BL OOMSTE JR. PROFESSIONAL LAND SURVEYOR NO. 4134 STATE OF FLORIDA NOT VALID WITHOUT SHEET 2 OF 2 BLOQMSTER PROFESSIONAL LAND SURVEYORS.INC. RNMA 791 NORTHEAST DIME HIGHWAY JENSEN BEACH, FLORIDA 34957 PHONE 772-334-0868 SHEET f OF 2 SCN E NOT TO SCALE DAM Fa !KETCH Jo. "m "7 /00���s /11/Oi Exl!?lo TO wmm SKETCH TO ACCOMPANY LEGAL DESCRIPTioN PREPARED FOR MARK WAL TFRS & rn Page 96 of T NORnY Sr Lh/GE R!V£R WA7FR UANAGEMENT 15 /CT CANAL No. 54 PUL177ER ROAD 15' ROAD R/W (PER PLAT) LOT 7 LOT 6 BLOCK 2 BLOCK 2 50, i I I 20' 50' LOT E; LOT 5 BLOCK 2 ( BLOCK 2 4 LOT 3 I I LOT 2 BLOCK 2 BLOCK 2 LOT 4 LOT 1 BLOCK 2 BLOCK 2 15' ROAD Rt (PER PLAT) p i wm� CANAL /53(R/WPERPLAT) BROCKWITH ROAD (50' R/W, PER AA i) SKETCH OF DESCRIPTION FOR INGRESS/EGRESS AND nnATATA/'Tr.7 ACr"Zrrtxrm NW COhWER SEC7701V 20-39—J5 ADDITIONAL LANDS KIN TO BE BENERTTED y �V� 2. j RIV x RJGHT cr WA Y SHEET 2 OF 2 _ (NOT TO SFA NOT VALID W N, T SHEET 1 CL EJ 2 .BLOOMSTER PROFESSIONAL LAND SURVEYORS, INC. 791 NORTHEAST D'XirPWWof 35 FILE # 3887090 OR BOOK 3569 PAGE 859, Recorded 10/11/2013 at 12:39 PM AMENDMENT TO EASEMENT AGREEMENT TO CORRECT SCRIVNER'S ERROR This Amendment is made this 8th day of October, 2013 by and between BMA,LLC, a Florida limited liability company ("BMA") and MARIA INFANTE ("Infante"). WHEREAS, the parties are desirous of correcting an erroneous call contained in that Easement Agreement which the parties entered into and which is recorded at O.R. Book 3123, Page 1925 Public Records of St. Lucie County, Florida ("EASEMENT AGREEMENT") NOW, THEREFORE, for and in consideration of the sum of $10.00 the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section 5 of the EASEMENT AGREEMENT is hereby amended and corrected to read in its entirety as follows, it being acknowledged that the erroneous call contained in the recorded EASEMENT AGREEMENT is stricken and the correct call is underlined herein: " 5. Noninterference. BMA shall not anytime erect any landscaping, barricade, fence or other structure or physical barrier in the south 50 feet of Lot 4 of the Infante Property. BMA shall not at any time, modify the easement areas depicted on Exhibit A hereto in a manner that materially affects in an adverse manner, the ability of Infante to have ingress and egress to the Infante Property or to drain the Infante Property into those portions of the Exhibit A easement areas that are now located in the south 50 feet of Lot 4 and the south east 20 feet of Lot 2 and Lot 3." SIGNATURE PAGES ATTACHED Page 99 of 355 Signed, sealed and delivered In the presence of: BMA, LLC, a Florida limited liability company 1 ' y �} BY: WL� William A. Salomon, Manager STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this -gSay of October, 2013 by William A. Solomon, as Manager of BMA, LLC, a Florida limited liability company, on behalf of said company, who is personally known to me or has produced as identification. Notbfy P&Iic — State of Florida tOYA LIPPARD =off'' s Commission # DD 978680 ": •= August 4, 2014 �a Expires Aug BOMedT.T'cyfainhtvranoe80 7SY19 Page 100 of 355 Oct 08 13 11:49a PAPA'S MEAT MARKET FT -PIE 7724681889 p.3 Signed, sealed and delivered In the presence of: Cara rha, �1^ra. 7Terry r a STATE OF FLORIDA COUNTY OF ST. LUCIE Marla Infante The foregoing instrument was acknowledged before me this "3 day of October, 2013 by Maria Infante, who is personally known to me or has produced �5-1 as identification. ' � t Notary Public -- 8tate of Florida Mrlrry PWk - SW of V4ft iqr 0o. "N I* $& Ow�Mrtwll� MIMI 3 Page 101 of 355 CHAPTER II - DEFINITIONS 2.00.00. DEFINITIONS 2.00.00. DEFINITIONS Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies: Arterial Road or Street: A route providing service that is relatively continuous and of a relatively high traffic volume, long average trip length, and high operating speed. In addition, every United States numbered highway is an arterial road. Bikepoth: That portion of rights -of -way improved, designed, or ordinarily used for bicycle traffic. Bike Ways: Any road, path, or way that in some manner is specifically designated as open to bicycle travel, regardless of whether such facility is designated for the exclusive use of bicycles or is to be shared with other transportation modes. Certificate of Capacity: A certificate approved by the Growth Management Director pursuant to the terms of this Code that constitutes proof of adequate public facilities to serve the proposed development. Certificate of Capacity Exemption: A certificate approved by the Growth Management Director pursuant to the terms of this Code evidencing a determination by the Director that the development is exempt from the adequate public facilities requirements of this Code. Collector Road or Street: A route providing service that is of relatively moderate average traffic volume, moderately average trip length, and moderately average operating speed. Such a route also collects and distributes traffic between local roads or arterial roads. Consistency, Consistent With, or in Compliance: Means the compared item is in accordance with, in agreement with, within the parameters specified by, exemplified by, compatible with, and furthers the norm to which it is compared. If the compared item deviates or departs in any direction or degree from the parameters of the norm, the compared item or action is not "consistent" with the norm. The term "consistent with" means that the compared item is not in conflict with the norm. The term "furthers" means to take action in the direction of realizing goals, policies or objectives of the norm. For purposes of determining the "consistency" of a development proposal with the Comprehensive Plan or the Land Development Regulations, each of the latter "norms" shall be construed as a whole and no specific goal, policy or objective shall be construed or applied in isolation from the other goals, policies and objectives contained therein. Contiguous: Means abutting, touching, the sharing of a common border at one (1) or more points of intersection. County: St. Lucie County, a political subdivision of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form. County Road System: Consists of all collector roads in the unincorporated areas and all extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System. Development: The carrying out of any work to modify site conditions including, but not limited to, building, clearing, filling, excavation, grading, or planting of vegetation; or the making of any material change in the size or use of any structure or the appearance of site conditions; or the placement of equipment or materials upon such site. St. Lucie County, Florida, Land Development Code (Supp. No. 19) Created: 2021-06-14 10:35:42 [EST] Page 1 of 4 Page 102 of 355 CHAPTER it - DEFINITIONS 2.00.00. DEFINITIONS Development Order. Any order granting, denying authorization, or granting with conditions an application for a development permit. Development Order, Final: (1) Building Permit; (2) Class A Mobile Home Permit; (3) Conditional use approval; (4) Mining Permit; (5) Planned Development Final Site Plan Approval; (6) Major Development Site Plan Approval; (7) Minor Development Site Plan Approval; (8) Variance; (9) Mobile Home (Tie Down) Permit. Development Order, Preliminary: (1) Amendment to any Portion of the Comprehensive Plan; (2) Planned Development Preliminary Site Plan Approval; (3) Amendment to the Official Zoning Atlas; (4) Development of Regional Impact —Development Order; (5) Any other development approval other than a Final Development Order. Development Permit: For the purposes of this Code, a development permit is that official St. Lucie County document that authorizes the commencement of construction or land alteration without need for further application or approval. Development permits include but are not limited to, building permits, sign permits, mining permits, tree removal permits, mangrove alteration permits, and wastewater and sewage compliance permits. Dwelling: Any building or structure or portion thereof that is designed for or used for residential purposes. Easement: A right given by an owner of land to another person for specific limited use of that land. 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. Land Development Regulations: Any ordinance enacted by the County for the regulation of any aspect of development, including zoning, subdivisions, landscaping, tree protection, or signs, the County's comprehensive plan, or any other ordinance concerning any aspect of the development of land. The term does not include any building construction standard adopted under and in compliance with Chapter 553. Land Use: The development, activity, or use that has occurred on the land, or the development that is proposed by a developer on the land. Level of Service: An indicator of the extent or degree of service provided by a public facility and related to the operational characteristics of the public facility. Local Road or Street: A route providing service which is of relatively low average traffic volume, short average trip length or minimal through -traffic involvements and high land access for abutting property. St. Lucie County, Florida, Land Development Code (5upp. No. 19) Created: 2021-06-14 10:35A2 [esT] Page 2 of 4 Page 103 of 355 CHAPTER lI - DEFINITIONS 2.00.00. DEFINITIONS Lot: A parcel of land occupied or intended for occupancy by a use that includes or will include at least one (1) structure together with any accessory structure, yard, open space, buffer area, or parking spaces required by this Code. Lot, Corner. A lot situated at the junction of two (2) or more public rights -of -way. Lot Coverage: The total horizontal ground area of a lot covered by all buildings or structures on the lot not open to the sky. Lot Depth of: The average horizontal distance between the front lot line and the rear lot line. Lot Line: The boundary of a lot. Lot of Record. As used in this Code, a lot of record shall mean: (1) Any contiguous quantity of land that is part of an approved subdivision recorded in the Office of the Clerk of the Circuit Court; or (2) Any contiguous quantity of land which is capable of being described with such definitiveness that its location and boundaries are established, and which has been so recorded in the public records in the Office of the Clerk of the Circuit Court prior to January 9, 1990, unless otherwise considered to be a nonconforming lot of record as described in Section 10.00.04 of this Code; or (3) Any contiguous quantity of land which is the subject of an agreement for deed or other instrument of conveyance properly executed prior to January 9, 1990, and which describes the parcel with such definitiveness that its location and boundaries are established and recognized by Florida Law, unless otherwise considered to be a nonconforming lot of record as described in Section 10.00.04 of this Code. Lot Split: The division of land into two (2) contiguous lots or parcels without involving the establishment of a new street. Lot, Platted: A lot platted in accordance with St. Lucie County after the effective date of this Code. Lot, Width of The distance between side lot lines. If the side lot lines are parallel, this distance is measured along a perpendicular to the side lot lines. If the side lot lines are not parallel, this distance is measured along a line drawn such that its intersections with the side lot lines form equal angles. Major Arterial Road: A roadway primarily focusing on carrying through traffic. Major arterials provide service that is relatively continuous, high in volume, of long trip length, and high operating speed. Major Collector Street or Road: A roadway emphasizing traffic distribution between arterial roadways and roadways of a lower hierarchy. A major collector provides for services that are moderate in length, volume and speed. Minor Arterial Road: A roadway emphasizing through traffic movement similar to a major arterial, but provides greater land access and distributed traffic to smaller geographical areas than the major arterials. Minor arterials offer lower traffic mobility. Minor Collector Street or Road: A roadway emphasizing traffic collection and distribution between roadways of a greater hierarchy (arterials and major collectors) and local streets or roads. A minor collector provides service for moderate volumes, trip length and speed. Minor Replat: A replat for the purpose of lot line adjustment, without an increase in the number of lots or units otherwise allowed. 5t. Lucie County, Florida, Land Development Code (Supp. No. 19) Created: 2021-06-14 10:35:42 [EST] Page 3 of 4 Page 104 of 355 CHAPTER II - DEFINITIONS 2.00.00. DEFINITIONS Nonconforming Lotof Record: A lot of record that does not meet minimum area, width or frontage requirements of this Code and as further described in Section 10.00.04 of the Code. Parcel of Land: Any contiguous quantity of land capable of being described with such definiteness that its location and boundaries may be established, that is designated by its owner(s) or developer(s) as land to be used or developed as a unit, or that has been or developed as a unit. If such a parcel of land is divided by a right-of-way or zoning boundary it may be considered to be one (1) parcel by the owner. Public Facilities: As used in Chapter V, Adequate Public Facilities, public facilities means drainage facilities, park and recreation facilities, potable water facilities, road facilities, sanitary sewer facilities, solid waste facilities, and mass transit facilities. Rights -of -Way: Land dedicated or deeded to public use or otherwise owned by a public agency on which facilities such as roads, roadways, swales, bikepaths, sidewalks, railroads, canals, utilities and for public street purposes and includes all dedicated rights -of -way for any such facility. Road: The term "road" includes streets, sidewalks, alleys, highways and other ways open to travel by the public including the roadbed, right-of-way and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels and viaducts necessary for the maintenance of travel and all ferries used in connection therewith. Rural Arterial Road: Routes which generally interconnect with and augment urban minor arterial roads and provide service to trips of longer length and a higher level of traffic mobility. Sidewalk: That portion of a roadway designed for preferential or exclusive use by pedestrians and non - motorized vehicles. State Roads: All streets, roads, highways, and other public ways open to travel by the public generally, and dedicated to the public use according to law or by prescription, and designated by the Florida Department of Transportation as provided by law, as parts of the State Highway System. 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. This definition does not include any private street or way, that is not constructed in conformance with the provisions of Chapter XIII of this Code. Subdivision Collector Roads: Routes collecting and distributing traffic between local roads within a subdivision. Urban Minor Arterial Road: Routes which generally interconnect with and augment urban principal arterial roads and provide service to trips of shorter length and a lower level of travel mobility. Such routes include all arterials not classified as principal and contain facilities that place more emphasis on land access than the highway system. Urban Principal Arterial Road: Routes which generally serve the major centers of activity of an urban area, the higher traffic volume corridors and the longest trip purpose and carry a high proportion of the total urban area travel on a minimum of mileage. 5t. Lucie County, Florida, Land Development Code Created: 2021-M-14 10:35:42 [EST] (5upp. No. 19) Page 4 of 4 Page 105 of 355 10.00.04. Nonconforming Lots of Record. A. lots of Record Created Prior to July 1, 1984. 1. In any district, principal permitted structures and customary accessory buildings may be erected on any single lot of record existing before July 1, 1984, notwithstanding limitations imposed by other provisions of this Code. Such lot must be in separate ownership and not contiguous to other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, or width, or frontage or any combination of the three (3) that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area, or width, or frontage of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard dimensions and requirements other than those applying to area, width, and frontage shall be obtained only through action of the Board of Adjustment. If however, the lot has no frontage as defined in Chapter II, then proof of recorded legal ingress and egress acceptable to the County Attorney must be furnished before a building permit will be issued except for nonresidential accessory structures in AR-1, AG-1, AG-2.5 and AG-5 zoning districts. 2. If two (2) or more lots or combinations of lots and portions of lots which are contiguous to other lots were of single ownership and were of record on July 1, 1984, and if all or part of the lots do not meet the requirements established for lot width and area or frontage, the lands involved shall be considered to be an undivided parcel for the purposes of this Code provided however, that lots separated by an ingress/egress, access or roadway easement that was of record on July 1, 1984, but specifically excluding any easement limited to utilities, drainage or other non -access purpose, shall not be considered an undivided parcel for the purpose of this section. B. Lots of Record Created Between July 1, 1984 and January 9, 1990. In any district, principal permitted structures and customary accessory buildings may be erected on any single lot of record created in accordance with the requirements of the St. Lucie County Zoning Ordinance between July 1, 1984, and January 9, 1990, notwithstanding limitations imposed by other provisions of this Code. (Supp. No. 19) Created: 2021-06-14 10:35:56 [EST] Page 1 of 1 Page 108 of 355 r Page 109 of 355 CHAPTER XI -ADMINISTRATION AND ENFORCEMENT 11.03.00. PROCEDURE FOR PLATTING 11.03.00. PROCEDURE FOR PLATTING 11.03.01. Platting Requirements. A. Generally. Where a proposed Minor Site Plan, Major Site Plan, or Planned Development includes the subdivision of land, a condition of the Final Development Order shall be approval by the Board of County Commissioners of a plat conforming to the site plan and the provisions of this Section. The plat requirements of this Section require review and approval of construction plans, a preliminary record plat and a final record plat. B. Exceptions to Platting. The only exceptions to this platting requirement are: 1. If the application for a building permit is for the development of a single-family dwelling unit or duplex on a Lot of Record as of August 1, 1990; or, 2. If the application for building permit is for the development on a multi -family or non-residential parcel which is less than five (5) acres in size on a Lot of Record as of August 1, 1990; or, 3. Division of land into parcels of not less than 20 acres each where no new streets or easements of access are planned to be dedicated and accepted by the public. Deeds and other conveyances shall include in red, ten point type, the following statement: "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 SERVICE TO THE PROPERTY HEREIN CONVEYED." 4. The conveyance of land to a federal, state, county, or municipal governmental agency, entity, political subdivision, or a public utility as defined herein. C. DryModel Construction. The Board of County Commissioners shall by agreement allow a building permit(s) for a maximum of four (4) residential units to be issued after approval of a Preliminary Record plat and construction plans but before approval of a Final Record Plat, provided no certificate of occupancy is issued prior to recordation of the Final Plat. D. Requirements for Geodetic Control. A minimum of two boundary monuments for all plats shall be tied by a closed field traverse to the nearest approved St. Lucie County Geodetic Control Station and Azimuth Mark, or to other control points established by a Global Positioning System (GPS), or any St. Lucie County Traverse Stations, or any horizontal Control Stations which are listed with the National Geodetic Survey. Field traverse from the Plat Boundary to the control stations shall meet the minimum closure standards specified within Chapter 61G17-6, Florida Administrative Code. Copies of all field notes of the geodetic tie in and traverse closure shall be submitted with all preliminary plat submittals. E. Requirements for Digital Plat Submissions. Prior to the recording of any final plat consisting of 10 or more lots, a CAD file in a DWG or DXF format shall be provided to St. Lucie County showing all final plat survey data. The purpose of this CAD file is to facilitate direct updates to the County's Geographic Information System (GIS). The coordinate positions within this file should be rotated and translated to North American Datum of 1983/adjustment of 1990 (NAD 83/90), State Plane Coordinates, Florida East Zone. Conversion of ground distance to grid distance will not be required. Proposed plats of less than ten (10) lots shall not be required to submit a digital copy of the final record plat, except that where available, the submission of this material is encouraged. St. Lucie County, Florida, Land Development Code (Supp. No. 19) Created: 2021-06-14 10:35:57 [EST] Page 1 of 10 Page 112 of 355 11.03.02. Review of Construction Plans and Preliminary Record Plats. A. Filing With County Engineer. After receiving plat -contingent site plan approval, the developer shall submit to the County Engineer all construction plans and preliminary record plats prepared in accordance with the requirements of F.S. Ch. 177, and all other information necessary to determine compliance with the approved site plan, the provisions of this Code and other applicable provisions of the St. Lucie County Code and Compiled Laws. Included with this submission material shall be all construction plans for any proposed utility improvements which shall be distributed by the County Engineer to the service provider for review. B. Application Contents. The County Engineer shall be responsible for the preparation of an application form for all construction drawings and record plat materials. All plans and materials submitted to the County Engineer in accordance with the requirements of this Section shall include but not be limited to the following: 1. All plans shall be submitted on 24" x 36" sheet sizes. 2. Construction plans shall be submitted in a format approved by the County Engineer. 3. A preliminary plan of the final plat shall be submitted in the same format as required for final plats by F.S. Ch. 177, 4. A survey of the subject property prepared by a registered surveyor containing the information as described in Section 11.02.09(A)(2) of this Code. 5. Site Data and Construction Details: a. Street rights -of -way, pavement widths, grades and elevations, street names, plans, profiles and cross -sections. b. Other rights -of -way or easements including locations, dimensions and purposes. C. Plans for all underground utilities including but not limited to sanitary sewers; storm sewers; water lines; and electric lines, if located underground; showing connections to existing systems, or proposals for developing new water supply; storm drainage; and sewage disposal systems; storm and sanitary profiles and, including all cross -sections; and inverts and top elevations of all structures. d. Contour changes, dikes or any created water bodies or changed water courses. e. Bulkheads and bridges; engineering plans, and cross -sections. f. Street center line dimensions, scalar block and lot layouts, lot and block numbers. g. Areas to be used for purposes other than residential and public; and with the purposes, location and dimensions of each indicated. h. Any other information deemed necessary by the County Engineer or the service provider for the reasonable review of the proposed development. 6. All property owner/homeowner association documentation outlining and describing the responsibilities/liabilities of property purchasers within the proposed subdivision. C. Procedures for Review by the County Engineer: 1. Within twenty (20) working days of receipt of the all construction plans and preliminary record plats, the County Engineer shall: a. Determine that the application is complete and so notify the applicant. Created: 2821-06-14 10:35:57 [EST] (5upp. No. 19) Page 2 of to Page 113 of 355 b. Determine that the application is incomplete and inform the applicant in writing of the missing components. The applicant shall notify the County Engineer, within thirty (30) working days of this notice of deficiency, of his/her intent to address the cited deficiencies. The developer shall have a maximum of one hundred twenty (120) days to respond to the cited deficiencies without payment of any additional processing fee. Upon the applicant's response to the cited deficiencies the revised application shall be reviewed by the County Engineer pursuant to this Section. If the applicant fails to respond to the cited deficiencies within one hundred twenty (120) days the developer must thereafter reinitiate the review process and pay an additional fee, as identified in Section 11.12.00 of this Code. An application shall be determined to be complete only if the required submittals of Section 11.03.02(B) are provided. 2. The County Engineer shall coordinate any utility construction plan reviews with the service provider and shall not authorize any construction approvals for any portion of the project site until all utility and construction plans have been approved. 3. The County Engineer shall, within five (5) working days following determination of compliance, issue a written determination approving the construction plans and Preliminary Record Plat and authorizing the developer to commence construction in accordance with approved construction plans. 4. The County Engineer shall notify the Board of County Commissioners of the approval of the construction plans and the issuance of construction authorizations. 11.03.03. Review of Final Record Plat. A. Generally. Except as provided in subsection B. below, no final record plat shall be permitted to be recorded in the public records of St. Lucie County until all construction has been completed, inspected and approved in accordance with the provisions of Section 11.03.02 and Section 11.04.00, Guarantees and Sureties. B. Developers Option to Record a Final Record Plat Prior to the Completion of Construction. The developer may elect to have the final record plat recorded prior to the completion of construction, provided the following criteria are met. 1. Construction authorizations have been obtained from the County Engineer in accordance with Section 11-03,02. 2. The County Engineer has approved a certified construction cost estimate, from the project engineer, for the value of all approved/required improvements in the area for which record plat approval is sought. 3. Sufficient security has been provided in accordance with the provisions of Section 11.04.00 of this Code. 4. All applicable provisions of this Code have been met. Procedure for Review of As -Built Construction Plans. 1. Submission of As -Built Construction Plans. Upon the completion of all approved/required improvements in conjunction with the construction plans and preliminary record plat, the developer shall submit the following information to the County Engineer: a. A signed and sealed professional engineer's certification that the constructed improvements were built in accordance with the approved construction plans. (5upp. No. 19) A maintenance agreement consistent with provisions of Section 11.04.00 of this Code. Created: 2021-06-14 10:35:57 [EST] Page 3 of 10 Page 114 of 355 C. Two (2) sets of as -built construction plans signed and sealed by the professional engineer of record and the surveyor of record which encompass all required improvements. one (1) set of these required drawings shall be mylar reproducible. These drawings shall include, the following information: 1. Finished topography: a. Perimeter site elevations at one hundred (100) foot intervals, linearly and one foot intervals perpendicular to the perimeter line for a distance of ten (10) feet. b. Vehicle use area elevations (all high and low points). C. Retention/detention areas (both bottom and top of bank elevations). 2. Finished floor elevations (two corners). 3. Control structures: a. Wier crest elevations and length. b. Bleeder invert elevations. C. Overflow elevations. 4. Conveyance structures: a. High points and low points of construction swales (to verify flow). b. Invert elevation of all structures. c. Grate elevations of all inlets. 5. Water and Wastewater: a. Location and size of all water plants, mains, meters, services values and blowoffs. b. Location, size and type of all sanitary manholes, sewer main diameter, inverts and length, force mains, lift stations and clean outs as well as the location of any treatment plant. C. Location of all septic tanks and drainfields. 6. Roadway construction: a. Centerline pavement elevation at six hundred (600) foot intervals or every change in grade, whichever is less. b. Invert elevations of all cross drains and culverts. C. Flow line elevations at six hundred (600) foot intervals or at every change in elevation, whichever is less. d. Adequate test reports signed and sealed by a professional engineer to assure that all improvements are in accordance with the approved construction plans for this project. 2. The County Engineer shall within fifteen (15) working days of receiving the as -built construction plans, determine whether the construction plans are consistent with the approved construction plans and preliminary record plat and so notify the developer. If the County Engineer determines that the as -built plans are not consistent with the approved construction plans and preliminary record, the County Engineer shall notify the developer of the areas of deficiency and what corrective actions must be (5upp. No. 19) Created: 2022-06-14 10:35:57 [EST] Page 4 of 10 Page 115 of 355 taken. No final record plat approvals, as described in paragraph D below, will be granted until the cited deficiencies are corrected to the satisfaction of the County Engineer, consistent with the approved construction plans. Procedure for Review of Final Record Plat. After the completion of all required construction and approval of the as -built construction drawings, the developer shall submit to the County Engineer a final record plat that conforms to the construction plan and the requirements of F.S. Ch. 177, and includes the certifications of Section 11.03.03(E) along with the appropriate covenants, restrictions and reservations consistent with Section 11.03.03(F). The County Engineer shall, within fifteen (15) working days of receiving the record plat, determine whether the record plat complies with the approved site plan, approved construction plans, and the requirements of F.S. Ch. 177. If the County Engineer determines that the final record plat so complies, the final record plat shall be placed on the next available agenda of the Board of County Commissioners. If it does not comply, the County Engineer shall notify the developer in writing of the deficiencies and inform him that a corrected record plat may be resubmitted for approval. 3. Review of the final record plat by the Board of County Commissioners shall be strictly limited to whether the plat complies with the requirements of F.S. Ch. 177 and this Code. A final record plat that complies with the requirements of F.S. Ch. 177 and this Code shall be approved and the Growth Management Director shall forthwith issue the development order allowing development to proceed. The Board of County Commissioners shall return record plats that do not comply with the requirements of F.S. Ch. 177 and this Code to the developer with an explanation of deficiencies and a notice that a corrected plat may be resubmitted for approval. When the developer submits a final record plat to the County Engineer for approval, he shall furnish in addition to the one (1) original, two (2) mylar reproducible copies, along with a check payable to the Clerk of the Circuit Court to cover the cost of recording said plat(s). 4. Upon approval of the final record plat, the Chairman or Vice -Chairman of the Board of County Commissioners shall sign the original and two (2) mylar copies. The County Engineer shall then be directed to have the approved final record plats recorded in the public records of St. Lucie County. When the final record plat has been recorded, the original record plat shall be retained by the Clerk of the Court, along with one of the mylar copies. The remaining mylar copy shall be retained on file in the Office of the County Engineer. 5. The County Engineer shall, at cost, provide the developer with two sets, paper copy, of the final record plat. At the developer's option and cost, a fourth mylar set may be recorded by the County Engineer for transmittal back to the developer in lieu of the two paper set reproductions. Required Certifications of The Record Plat. The following certifications shall be required on the title sheet of all Final Record Plats. Appropriate modifications may be made subject to the review and approval of the St. Lucie County Attorney The Certificate of dedication by individual owners shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE and ;namerules, his wife, the owners of the above described land, do hereby dedicate and set apart all of the streets, alleys, thoroughfares, parks and utility and drainage easements shown on this plat of subdivision to the use of the general public forever. WITNESS our hands and seals this day of , 20_ Witnesses: (Supp. No. 19) Created: 2021-86-14 10:35:57 [EST] Page 5 of 10 Page 116 of 355 (SEAL) (SEAL) STATE OF FLORIDA COUNTY OF ST. LUCIE Before me, the undersigned authority, personally appeared and his wife, to me known to be the individuals described in and who executed the foregoing Certificate of Dedication, and they each duly acknowledged before me that they executed the same. WITNESS my hand and official seal at Fort Pierce, St. Lucie County, Florida, this day of , 20 Notary Public, State of Florida at Large My Commission Expires: 2. The certificate of dedication by corporate owner shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE , a Florida corporation, the owner of the above described land, by its duly elected President and Secretary, does hereby dedicate and set apart all of the streets, alleys, thoroughfares, parks and utility and drainage easements shown on this plat of subdivision to the use of the general public forever. IN WITNESS WHEREOF, the undersigned corporation has caused this certification to be executed in its name, and its corporate seal to be hereunto affixed by its President and Secretary this day of 20_ (Corporate Name) (Corporate Seal) BY_ President ATTEST: Secreta ry STATE OF FLORIDA COUNTY OF ST. LUCIE Before me, the undersigned authority, personally appeared , President and , Secretary of , a Florida corporation, to me known to be the individuals described in and who executed the foregoing Certificate of Dedication, and they each duly acknowledged before me that they executed same, as such officers for and in behalf of said corporation. WITNESS my hand and official seal at Fort Pierce, St. Lucie County, Florida, this day of 20 Notary Public, State of Florida at Large My Commission Expires: 3. The certificate of dedication by individual mortgagees shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE (Supp. No. 19) Created: 2021-06-14 10:35:57 [EST] Page 6 of 10 Page 117 of 355 and , his wife, the holders of a mortgage recorded in OR Book _ at Page on the above described land, do hereby join and consent to the dedication of all of the streets, alleys, thoroughfares, parks and utility and drainage easements shown on this plat of subdivision to the use of the general public forever. WITNESS our hands and seals this day of , 20_ Witnesses: (SEAL) (SEAL) STATE OF FLORIDA COUNTY OF ST. LUCIE Before me, the undersigned authority, personally appeared and his wife, to me known to be the individuals described in and who executed the foregoing Certificate of Dedication, and they each duly acknowledged before me that they executed the same. WITNESS my hand and official seal at Fort Pierce, St. Lucie County, Florida, this day of 20 Notary Public, State of Florida at Large 4. The certificate of dedication by corporate mortgagees shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE , a Florida corporation, the holder of a mortgage recorded in OR Book _ at Page on the above described land, by its duly elected President and Secretary, does hereby joint and consent to the dedication of all of the streets, alleys, thoroughfares, parks and utility and drainage easements shown on this plat of subdivision to the use of the general public forever. IN WITNESS WHEREOF, the undersigned corporation has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its President and Secretary this day of ,20 (Corporate Name) (Corporate Seal) By President ATTEST: Secretary STATE OF FLORIDA COUNTY OF ST. LUCIE Before me, the undersigned authority, personally appeared President and Secretary of , a Florida corporation, to me known to be the individuals described in and who executed the foregoing Certificate of Dedication, and they each duly acknowledged before me that they executed same, as such officers for and in behalf of said corporation. WITNESS my hand and official seal at Fort Pierce, St. Lucie County, Florida, this day of ,2a (Supp. No. 19) Created: 2021-06-14 10:35:57 [EST] Page 7 of 10 Page 118 of 355 Notary Public, State of Florida at Large My Commission Expires: t The certificate of surveyor shall be in the following form when Permanent Control Points are to be installed prior to platting: STATE OF FLORIDA COUNTY OF ST. LUCIE I hereby certify that the plat shown hereon is a true and correct representation of a survey made under my responsible direction and supervision; that said survey is accurate to the best of my knowledge and belief; that P.R.M.'s (Permanent Reference Monuments) and P.C.P.'s (Permanent Control Points) have been placed as required by law; and, further, that this plat complies with all the requirements of F.S. Ch. 177. DATED this day of , 20_ Registered Land Surveyor Florida Certificate No. The certificate of the surveyor shall be in the following form when Permanent Control Points are to be installed after platting: I hereby certify that the plat shown hereon is a true and correct representation of a survey made under my responsible direction and supervision; that said survey is accurate to the best of my knowledge and belief; that (P.R.M.'s) Permanent Reference Monuments have been placed as required by law and that (P.C.P.'s) Permanent Control Points will be set under the guarantees posted with the St. Lucie County Board of County Commissioners for the required improvements; and, further, that this plat complies with all the requirements of F.S. Ch. 177. Registered Land Surveyor l Florida Certificate No. 6. The certificate of approval of the Board of County Commissioners shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE It is hereby certified that this plat has been officially approved for record by the Board of County Commissioners of St. Lucie County, Florida, this day of , 20_ Chairman, Board of County Commissioners 7. The certificate of approval of the Clerk of the Circuit Court shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE I, , Clerk of the Circuit Court of St. Lucie County, Florida, do hereby certify that this plat has been examined, and that it complies in form with all the requirements of the laws of Florida pertaining to Maps and Plats, and that this plat has been filed for record in Plat Book _, Page of the public records of St. Lucie County, Florida, this day of , 20_ Clerk of Circuit Court St. Lucie County, Florida 8. The certificate of approval of the Growth Management Director shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE r Created: 2021-06-14 10:35:57 (EST] (Supp. No. 19) Page 8 of 10 Page 119 of 355 It is hereby certified that this plat meets the minimum lot dimension requirements of the _ zoning district, as set forth in Section 7.04.00, of the St. Lucie County Land Development Code. Growth Management Director St. Lucie County, Florida 9. The certificate of approval of the County Attorney shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE This plat is approved as to form. County Attorney St. Lucie County, Florida 10. The certificate of approval of the County Engineer shall be in the following form: STATE OF FLORIDA COUNTY OF ST. LUCIE It is hereby certified that this Plat meets the minimum subdivision platting requirements as set forth in Section of the St. Lucie County Land Development Code. County Engineer St. Lucie County, Florida Covenants, Restrictions, Reservations. 1. All covenants, restrictions or reservations placed by the developer or required by this ordinance shall appear on the final plat or be established by separate recorded document, which documents shall be submitted to the County Attorney for review and approval with the final plat. If done by separate document, the public record location of such documents shall be indicated beneath the subdivision name as follows: "Covenants, restrictions, or reservations affecting the ownership or use of the property shown in this plat are filed in Official Record Book No. page When deemed necessary by the county's utilities director to ensure the proper future expansion of utilities services, a covenant document shall be filed with the plat that includes the following statement: "In the future, when a potable water distribution and/or a wastewater collection system becomes available to service the subdivision, service improvements and connections shall be made by the homeowners' association, or by the property owners, to all lots and shall be paid by the homeowners' association or by the property owners". All deeds conveying properties within the subdivision shall reference the covenant document. 11.03.04. Procedure for Minor Replats and Lot Splits. A. Generally. The Public Works Director may approve a Minor Replat or Lot Split, where a parcel of land is being divided into two (2) separate lots or parcels that conforms to the requirements of this Section. Application Contents. A developer requesting a Minor Replat or Lot Split shall submit the following materials with an application form provided by the Public Works Director along with an application fee as described in Section 11.12.00: 1. A statement indicating whether water and/or sanitary sewer service is available to the property; 2. Land descriptions and acreage or square footage of the original and proposed lots and a scaled drawing showing the intended division. All such drawings and divisions shall be prepared by a professional land (Supp. No. 19) created: 2021-06-14 12:35:57 [ES7] Page 9 of 10 Page 120 of 355 surveyor registered in the State of Florida. In the event a lot contains any principal or accessory �- structures, a survey showing the structures on the lot shall accompany the application; and f An identification of any and all easements, rights -of -way or similar instruments that may be found on or adjacent to the property subject to the Minor Replat or Lot Split. C. Procedure for Review. The Public Works Director shall transmit a copy of the proposed Minor Replat or Lot Split to the appropriate departments of the County for review and comments. The review of all Minor Replats and Lot Splits shall be in accordance with the procedures described in Section 11.02.03. If the proposed Minor Replat or Lot Split meets the conditions of this Section and otherwise complies with all applicable laws and ordinances, the Director shall approve the Minor Replat or Lot Split by signing the application form. D. Standards for Review. All Minor Replats or Lot Splits shall conform to the following standards: 1. Each proposed lot must conform to the requirements of this Code. 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. 3. If any lot abuts a street right-of-way that does not conform to the design specifications provided in this Code, the owner shall be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements. Recordation. Upon approval of the Minor Replat or Lot Split, the Public Works Director shall record the replat on the appropriate maps and documents, and shall, at the developer's expense, record the replat in the public records of the County. Restriction. No further division of an approved Minor Replat or Lot Split is permitted unless a final record plat is prepared and submitted in accordance with Sections 11.03.01 through 11.03.03. (Supp. No. 19) Created: 2021-06-14 10:3S:S7 [EST] Page 10 of 10 Page 121 of 355 ALLEN LOT SPLIT LS 7202126095 Page 122 of 355 k / r h ry S"AAi ,,,,,; ,,,,, ,,, � ��r� vr�r " i ���(iri^T � ,,'d*"".; t,�✓.�, .M .lyA� '' ✓r, �/F,,,,;'- -,.,; 'y. ,, ',r�:�,.o�A,'�,(r/^�:r„� l ��:�i ! r✓,� it �rt�"a�k d f 9✓rx 9 m � � �� // ($ �mm pry �TM Wo romCm�14N." "1`v ".�i�� CPJ rN ✓!J/�lf r�?�.°" ��" � M'�t �n �1 �, � P' aodTf �'� ✓, �� a� x, W a �{ n'r+�1� �1 "' h�'r, �i^rd ' �� rr '� r � 6 y*''� �,( �9°^ // ✓,, �"t ll �u' i �P(��'�ir,M r, ✓rrv�� �J �1(�r�� fix j�rvvp �lmrvw(r�:^)I�'�� r/Irr���� dH�ah ��,.-', r 1, rvm ,�+�I " ��.i��, m� '�"✓a� �� W ys f. , ✓ "'`g.,(-,,; ruµn"m' ha'++�"" �` rc� (u. " J� r/" r;Y,`!J „t r �;wk'"�" ,. r ,y go �' � b vl, �. ��� � ,, W� �ipJ"'a� ``r�i ° �r a , � ':: , „. r ) � e; � " 6, �' / � , l Ki',�,"1✓y, �'r � f �. �uP �" ,� r�u,1 ° Pohl oa�clma�, v"r+> h��� r a%Y�w49✓F' � / " �' �`��1/ J` � o � ��" rc�" rr pN r rv�°� 1 {f I� a j� 1� � t " em' iN t rant ✓' �.. �d�T�;t(. a �w a 'i�"ra"+r��'i � #�l~ d i��� �"R U A �a� rr,,� ,."4�' ,, j , m"� b "l rG e rn�7 nr r ✓ N �e' ,,�. "�� ',e���Gl�dCX^�"''�„v;;"Err+rid,✓ -� l r/'�'r��r, J�,r�i�� ,r�;$.,ro +� (' '..),Jr F ,�� ,r i a �,r fi vJlJx✓✓"r ,uAhyPdC.�""',rv`'''�'., nr„ lr"'rN O4low ,I, f% %� ,. qN�' /9r nWr� r% rv,;q ,", ,I ;� n s JI✓a*. 'P'�cn,"d off,,, ;"fi. a✓ V;lY rr r«4 vmrixi rr nndxJ i� 2"f(C rrW �u. rJW, nn / m.rri �' o,, +v ti✓ h"° �rF'r„ ;, �/� aF4;�rIail�f?'rr, �Ir,r� h q ""A',a'n pt'''""�N K �; �, ✓ r' r y;, VF e` r / I' ry %� AD / + "' " r7P/ 1 � ��' ✓✓`,,',. � �.r".. ' � � u ,. �S��am�'F,�'" � r r ����r a �MI °"!"�R`��y'rc ��,, ( ;, "r""'s � ' . � �rl yyV�,�� ° 'fir ,�� J�'�' � a✓' "P i" � � .. �6: r�h� "(D ✓ � ",�""r' ��' a� F f ✓ r r�r` r9nz! �l E i' (r ` 'fit , / r/ �), W�'�' / fir' ✓p p °��� " aP �^', ��,p,�i � � �,r?"� / (."y ✓ +'��r � srrrVfM h' � ��r✓ �✓l Jrr� /�r �/�� �� ;; r��,a ;�'" �rr iviiv., v ,+ r' � r' uw ✓r, b" f ✓ p /ppr, r � l r "y' (�,/ IkP l !Y '/" U r ,�" a aG' � � i � r � ✓ "� Jr li/ Jr Ir w� a ��, k �' v; r ,+ u r f ✓ r r t rvr / J �y �'' N /lwNy r ,,F"� all414 ,69Vlly"�"iW �l1✓ry(�.:�lJ �Jr, Jrl4lr /,.e ,; a ilk eat �ii �, �til i�i ° "' / 0 , �✓'�°'��"°�"«�.r",��I'� r ;, /y ,4 r/Ji/�/hrJ✓I/�rhN "� / �N oil'„ ;, ,.,, � ,d,� x � ,,rfR ;�a ", r r`�Yu�lla��, ��u,n, i >'Ir�' i 'i ( � ? !�u�r � i((�,r✓s%/ ri #I. / e n' "��l �', "r ;. c,r d< �`�i %�� �P' 4Y� ! iiJyFf�� rr��,��"'"Y 1'� � �� y F f a' ( r1 e r ��rr;' lC tlEB+^r,�' ,i� / uf���;"� r� "(. I�� ��� i"�ri".���J�J�➢�biri /yar�rli l�Jr; / 1 fI i"i �� / I i r� ^ d rrl2w;"�,.,"%�n✓" Ipp i r v F r y b F (I/r / l dr, ✓ - m/ ir7/�, (rl &1 J� �'F'"P% r ✓ �rr'i l/6 r �,, 1, r0 r h d y/ � u;! ` PG rrva✓i'" l r ✓ ✓� q A, u,,� 'Q '". rP✓'//�/ur'�rr�i1' �r i ✓rllr �4(� � Pr(/'t f r� , k,� r� p e r , Jn N �� „ya r z ✓ r r r j " r/ l7(i r r �i Y l r v d A� al/r/ / r/ J � N ',! e1 / r/ 1 r ".. � /% N / /" " ✓ � r/d"�Y�'rr, Ir,; r �„ r: r t rN wpb f: �'���/''� 1 ��r� /�,!�/ I ��l�l/C 1 ✓a/ r"l� ",� k ,�%y rN ./ //1' l/ 1/( <'6 ✓�I`n w?.CrvuY" `✓ it*r , Po"� �� r P>,{ 'w, ��`JJ/� / P ,rF / J r r t rv/ra/q T f l,( so m f r�+%r r r N r�; � /(r "i! err r rub;"" ✓„ ,,�'r i �"M"j��!�r°�m�r!k�il /�r�����;, 1 p r,hH, " i a ��`+ r rr%/u���f/ iYr „ fry rr „f�r�� e3"� a�/n r '1 Y '✓ ��4/nN / / CI, ?,I s ��u"<� � r i;,�ll �rk 'P �r �/ nur lY 1. y�/ fhb,,/ /,� ry J�r� � (i � "p��✓'; /!��', /,5*-,' 1'fA 6 '� /r �" " ,r �r"r'1 y ,/ „ rijF /liJr%1rx:. T✓/J "✓ (P / Y {" �' f AMC mN rr' / h J�P r , iEl // �^ �;%y,:. '� �,F f<, �Ik �y��YJ J��oF �y�rJl Ud r✓Jeri ��� ��a�a � / r, �h asf � m ,P ;j r ��," , !, ul „1 ;0 � 7 ,2I i jr✓� 1k J;' Irr YNfrr `fiM4F '� - � h 7� . ��' Am�i `r>iirr /1 �/4 r11� j � yr„ C a , r F « s �➢ r � / i " ,y ; r p,� �r �r f�W� N� r� � � � r l� M,,'/ / ! � � �✓'4i §rl,l �i +� a �: �y" r� �F�r, 3! %h� v"I y { ;���'� ����;,v �A��, � r' a "��lP�w"''a P�,�s dti�w✓Y^:7VM? rGs eta ,'2✓ � raw ri a "trP uJt m;:a u r✓,, / � r:.r:�' of � h t;' � l !, Ip I l '�r'�" � '% r� C" P� / '' a '� !a /f / v/ 4'"Ki r ,Ylr�Jl , G y l r�rX4�rev'�/JJ(���'" (�� " � '".C,i r�W� � ,v m�✓������hr°1 � PrN+fib � �',,`r„ gyp(?� r r 'P � � �; < ia� �, �rllrJaV� urrt �i1 P°"vm a;,; hY n lb"i"�"r „� v�r:-J Mi"J, �'�r r��f�° r l l / d,�,'✓y�� N2kPr /;Gr/fir Al + ,i " ,� Ta ��" 4u yq4, m^11(�JvriaJ /r �' rt Y a ✓^R> ri vi '" rr f„` � �'u' / r r�rr Fill / ggur pt'✓' ✓ r Nf 1 �u "rpr ;;d�ryry Y k" „ r a"N` "h ml&ryw+ ? " rPo m ' waw µi a M rvw�N +'t ✓u' C aJb�^'C✓Cl/�� n'rrr.,,�,'y" aU Wf `'" N. Psi, iv ✓�P 0 t� �' � r �� B� y � �� r s Jpe - q! it h�W r 9 µNli k l�✓pty a rr /«` r�'Jb'�i T "f'" µn a �' N �'' Fa ✓ ,,,�: 7 u F a ^fir' ,v P`,✓d < W / ffiY a . i rr rw. 1l r �,r r,a � N W N:; �, �, / ��°� �R" y!Vt�,,,Mu,�u � r v Nf v ✓�� �� 4v n l "/ �' / s � NN' la m "P, d'rea rN ap ✓" r A� ) 1 # Q9"ds,'° m°°' ,,^' '�'" y r "µl a' ' ✓,r a ,rv" r I r", {, l as a 'W ' ,✓k 6 .Via,, yr y ✓ �' a d .nd + r^ n° .a' J" c'u �7 �' r° � � ,✓ ,✓" �* a t"✓ r a` r � �' ✓, rvy^' "R r 9 y ' ✓u �„� '�,. m �r y„n+ J" 4 d" ✓N v / °.J I 4 + EN �' rr a r t r nr % . r An F V�"'°� �'�*',, r""�*"�,,���",�� r���,r�`✓ ",�`�,�'PW �, � d� � �i ,��r p� ��{�'l / P`� xy J�" J1" NF' d /,,r wu'. rt ,� �° v' µ y, "*'ur�`P,,"+',r"'r' f �✓ /rvr, "If a r't lc � '✓°�,� ✓✓ ,"°' ✓de "�' r � r^�'� m r d r y`+ � '� b r N ; ry ri .. V y� z rt . r ✓ r .'",, °,.u,. r I, / , i' sy✓"Gll/riFF"r//�i/ �.�/Y rihri pt ariei/J� J� y u,r�/Pr"J r, ✓ w hrl r �h / �l , / 1 d1 rx Yifr ✓((�1��9 ,x .a. + l , '(/ r M + k ✓a + r /f�yrNl,,u. r r 4In/i/ h i ri l�rv/ �i r Xl%"irFi /r r r %/ IJF�r�r%/i/Jy fJ/%' 'r an Jar yy rr/�N r l§ n f ��'' a 1 tar r +;,e/t iFi �✓ / r^, J gg � /4Kw �r%/� ,urY (P�� �r i"la➢r"r�i 4C4'fr ri/ l��//r ly�opr"u(dly,/ r Pry 'l I' rN r�lr ' / rJf�l � i a ��p 3�r (�� "✓��'� a G �r l jir �"'/ J r � p J(;'�� 'fi / �� �/ ' / rP, r `� ` � u°"�` ��— ;� r /� -f ✓ // Ni '� r ry r "nr ug° r�Po �� / : � ,r d C7 rrr��„"', a a01Vlf Np-i rr %qr r r rC Sri rii/ ✓�,. r C. / r;. % aryF/�I"!ur: lk 7%`r ✓r,: " �^L.d �..`%a 'n'C'�;/I'f�, �� `'�l✓"t"' G / !// / //� h✓r rx"AooM^^PJT 41' ii r��, r; �C "a,�l;aN'a'i�r � r �'t�, :°r Garr r Frr�-ar` �,- �y,'!'r✓ ` � +'�� /xr'/�f � l i /r rir/a ' r I � � � 'Y �./� ��';; �, W" ",�� g�, � u4 r ,i-✓i r e � �, ;,rJ", " V � J,,;yf ��(a✓k'� �I ,; Jt�u N��iMl�"'��'��hl�. ,a ✓s,!b C�, „,, �+," Sul /i/i,,, 1lr r ��,. Gr', �u 1✓! //[ it �`; /N.. „y;,� , ,4" ,I,. J 1l x,:u, rJw✓ /iA� ri"iri IrrrK1 aS,p"N aC. rN, /r 1r ( / rrr/ yhl /W /r, ry h "lN!avr ?" Jn ,$„ � �iTir7 !� P Prr �%7V "r . rJfp�,1%/ y y Fa n"'';✓/ " / � ��,F r �"„ ,; ,,,,...;,a1% 9<„r �,�, � ,,. %8 �. "d�„ ✓;F ,��. ,,,���,„( „ ,;. ` ,� �M"di r /y";;.,, , � a , lie ;lie ra/�Fr Y %fG „ N�Ji�J�%r"Cfl i (600 0004 000-9) 0 t 3 a 69 01860 .73 (601-0003-000-5) � V 4 P. ay H 79 A, 175 c 0 Schirard Dr �°- ---- sCHMARm 4 A, IA,, M Ac 04 Ac 04 Etc (601-0004-000 2) 0 0 5 206 2 07 49 Ac 04 Ac Of, A, I OS A� 09 A, 09 A,,, 2080 • 09 A, 10 (333-0000-00 19 68 A, Q 19 A, fl, Ac 44 17 44 43 35 ouuuuuuwwwwwwwwwwuwwzwuwwwwuwomwwuuumuwi 20 (601-0006 -0006) 7 30 46 A, 929 13 (601 03 A,,: (601 OC �7 000-3) 8 3 W 1, A, 1900 • 102 33 MI 19 206e (341 .0006.0mg) • 15 22 AC I .1dw i'dor 2181 4k43 0000 00013) (343-0001-0001 4.00 A, 3.20 Ac 2183 0 217• ) (343 (343 0010 00M) cxW.6(�Ma) 111 A, 1 11) A,. (2320-501-0017-000/9) 2275 18/3Ac 0 (2320-601-0018-000/6) 18 73 Ac 0 2351 •2301 Page 125 of 355 3 04 Ac 3 04 A,. 3 04 A, 3 04 Ac a 04 A, 3 04 A¢ 3 04 Ac 6 Oq A, 6 09 A, 6 09 A. 6 09 A, 0", 1-0 (601 0003 000 5) rr, 4 879 Ac N CS CL m O Sr Schirard Dr ----- - ---- — - - ------ - -- O 2 (6,0 1 11004 000 2� N 2060, 49 A. 2080 0 "I v� 17 44 44 4 19 20 Ia CS (333 0000-00012) 1968 Ar 529 73 (601-WS-000-9) 6 903A: (601-0( )7-00 tO 15Ac 1900 702.33 MIL 2069 (341 0006.000)'j) 15:V AC 2181 4�,W G000M013) (30-0001 4 GO Ac 3 2D 2183 0217 (343.0010.000)6) Oowar 3.28 Ac 1.00 Au (2320-501,0017-000/9) 2275 18 73 Ac O (2320-501-0018-000/6) 18 73Ac 02351 2301 (r,01,002�-O=O) 38 M A, -------- - - Page 126 of 355 01210 2445 0 NI'MYOMI, 2415 Z'7 /7 7/ 1520 ..... .......... .. . .... - - ................ .. ........ . . . ... ..... .. ..... ..... . ...... ......... . . . . . . ... . . . ........ .. - -.-M, - ------------ . ...... . . . . -- - ... .............. ............ . . ........ ..... c -Mr-h-aeE===— 77 Johnson Hays W zA-1if n, Clifton & Maurleen v/l"1151`1 11,01, ell V ,_,-,,2302 2390 2410 Page I Z t T 500 1210AG-5 AG-5 AG-5 AG-5 „1325 AG-5 AG-5 „ a r ��, ... AOMd.p'ttuAl ,, e — 1430Q> AG-5 " Y AG-5 AG-5 1491n AG+iS 0 AG-5 1520 AG-5 AG-5 1493 1560, a AG-5 -5 CG-5 AG AG-5 AG 5 „ 1655k r,:` , A85 AG-5 1701 "•w. 0( 1720 0 AG-5 ......... _........ .._ r AG-5 1805 • AG-5 WI1820 1865 AG-5 AG-5 • AG-5 mm AG-5 AG-5 RO AG-5 • AG-5 AG-5 1900A AG-5 5 1971 % H 1980� AG 5 2069 2001 M1 2060banAG-5 AG-5>a AG-5 AG-5 AGe AG-5 ��n A AG 5 2080 2181 -5' t AG-5 AG 5 ' AG-5 21 G AG-5 AG-5 ".ten��; 218321 9 - 3. oA 5 �rR �1715 AG-5 AG AG5 2275 ,. ,rc AG-5 AG-5 Y AG-5 - �x.am um+.ur¢-exnur AG-5 „u _ AG-5 • , .nn2302 R OW AG-5 AG-5 OW AG-5 ROWAG-5 2390 , AG-5 AG-5 2410 2445 0• ��:,x AG-5 AG-5 AG-5 AG-5 AG-5 a. 02415 ('k51rn.UsvaRS.u)Cwrml 1"iJiCdiz#,.a 1my AG-5 AG - Page 129 of 355 Linda Pendarvis 'Im: Linda Pendarvis _.:nt: Tuesday, July 13, 2021 4:48 PM To: Leslie Olson (OlsonL@stlucieco.org) Cc: Benjamin Balcer; Kori Benton Subject: RE: Allen Lot Split (File No. LS-7202126095 ) Leslie Planning Division received a Lot Split application for a parcel located on Pulitzer Road. Staff did preliminary research prior to the submittal of the Lot Split application regarding this request. Staff's review of the request determined it did not meet the standards of review for a lot split because Pulitzer Road had limited access. Part of Pulitzer Road is owned and maintained by the NSLRWD district. Within the next few weeks staff will be presenting an analysis to the Director with a recommendation of denial. Please let me know if you have any questions. Thank you, Linda Pendarvis I Planning Manager I Planning & Development Services Ph: 772-462-1562 � 2300 Virginia Ave. Fort Pierce 34982 —WarvislPstludeco.org .100k.com/stluc€egov I twitter.com/stluclegov I irstagram.com/stlucfegav I youtube.com/stlucieg,ov -; . IdUs j(Ov , �:..: �Io,ofl:- 81. LUME COUNTY The County is open for business, though, the building remains closed to the general public to keep our citizens and employees safe. The Planning and Development Services Department is operating on the first floor, and the hours of operation are Monday- Friday from 8:00 am to 4:30 pm. All staff is available by email or phone. If you need to contact this office, the direct extension is 772-462-2822. Please be safe during these unprecedented times while we do our best to help the community remain safe as we continue to operate at the new normal. . jm: Benjamin Balcer <BalcerB@stlucieco.org> Sent: Tuesday, July 13, 2021 2:21 PM To: Kori Benton <bentonk@stlucieco.org> Page 130 of 355 Cc: Linda Pendarvis <pendarvisl@stlucieco.org> Subject: Re: Allen Lot Split (File No. LS-7202126095 ) Yes, that was the direction. Linda, you mentioned that you wanted this application in order to do the analysis. Thanks, Ben Sent from my iPhone On Jul 13, 2021, at 1:42 PM, Kori Benton <bentonk@stlucieco.org> wrote: Linda, apologize I didn't touch base yesterday, as I understood the anticipated filing was discussed. believe the applicant spoke with Ben, and intends to apply, receive a denial and appeal the decision. Kori Get Outlook for iOS From: Linda Pendarvis < endarvisl stlucieco.or > Sent: Tuesday, July 13, 2021 11:41:51 AM To: Kori Benton <bentonk@stlucieco.org> Subject: FW: Allen Lot Split (File No. LS-7202126095 ) I thought we responded to this inquire in a pre-app? From: Stephanie Guevara <guevaras@stiucieco.org> Sent: Tuesday, July 13, 2021 10:56 AM To: Adolfo Covelli <covellia@stlucieco.org>; Aimee Cooper <CooperA@stlucieco.org>; Amy Griffin <griffina@stlucieco.org>; Ana Johnson <aniohnson@fpua.com>; Andrew Kennedy <akenned roctorcc.com>; Benjamin Balcer <BalcerB@stlucieco _org>; Bethany Grubbs <GrubbsB@stlucieco.org>; Brad Currie <bradcurrie@edc-inc.com>; Brandon Creagan <bcreagan@city- ftpierce.com>; Brendan Kelley <bkelley@bowmanconsulting.com>; Brian Arbeiter <arbeiterb@stlucieco.org>; Caryn Gardner DOT <Caryn.Gardner-Young@dot.state.fl.us>; Cathy Aldhizer <aidhizerc@stlucieco.org>; Clyde Cuffy <CCuff cit of sl.com>; Dalila Fernandez <Dalila.Fernandez@dot.state.fl.us>; Danielle Williams <williamsda@stlucieco.org>; David Hays <haysd@stlucieco.org>; Deputy Lee deer@stluciesheriff,com>; Diana Spriggs <DSpriggs@cityofpsl.com>; Douglas Harvey <harvevd(c@stlucieco.org>; Eileen Stewart <Stewarte stluciesheriff.com>; FPUA <WWW FPUA@fpua.com>; Grant M. Chambers <ChambersG@stlucieco.org>; Gustavo Lumer <gustavo@lumer.com>; James A. Beams <BeamsJA@stlucieco.org>; lames Carnes <Jamescarnes@fpua.com>; Jeffrey Frohlich <Frohlichl@paslc.org>; Jennifer McGee <McGeeJ stlucieco.or >; Jill Arnold <arnoldi@stlucieco.org>; Jill Marasa <imarasa @vouredc.com>; JoAnn Riley <rileyi@stlucieco.org>; Jodi Nentwick <NentwickJ@stlucieco.org>; John Krane -DOT <John.Krane@dot.state.fl.us>; John Wilbon <WilbonJ@stlucieco.org>; Joshua J. Revord <RevordJ@stlucieco.org>; Kara Wood Page 131 of 355 <karawoodplan ning@gmaiI-corn>; Kayla Chidgey <ChidgeyKa@stlucieco.org>; Kevin Lindgren <LindgrenK@stlucieco.org>; Kori Benton <bentonk@stlucieco.org>; Kristopher McCrain <McCraink@stlucieco.org>; Laney Southerly <LSoutherly@cityofpsl.com>; Larry Hymowitz DOT <Larry.Hymowitz@dot.state.fl.us>; Leon Hayman <lha Lman@city_ofpsl.com>; Leslie Olson <OlsonL@stlu6eco.org>; Linda Pendarvis <pendarvisl@stlucieco.org>; Lindsay Lankford <Iankfordl@stlucieco.org>; Lisa Alexander <LAlexander@cityofpsl,com>; Lisa Leonard <Ileonard@bowmanconsulting.com>; Lori Bender <BenderL@stlucieco.org>; Lydia Santiago <Isantiago@fpua,com>; Mark Plass- DOT <Mark,Plass@dot.state.fl.us>; Mark Satterlee <satterleem@stlucieco.org>; Martha Kerr <mkerr@fpua.com>; Marty Sanders <marvin.sanders@stlucieschools.org>; Matt Baum <baumm stlucieco,or >; Melissa Brubaker <br_ubakerm stlucieco.org>; Michele Holler <MHoller@citvofpsl.com>; Mick McGuire, CFE <McGuireM@paslc.org>; Mike McCarty <michaelmccarty@hotmail.com>; Monica Graziani <GrazianiM@stlucieco.org>; Nadege Pierre <pierren@stlucieco.org>; Oats Reid (oreis@bowmanconsulting.com) <oreis bowmanconsultin .com>; Patrick Dayan <DayanP@stlucieco:org>; Patrick Helms <patrick.helms@aecom.com>; Peter Jones <JonesPeter@stlucieco.org>; President's Council <1nmcintyre@comcast.net>; President'scouncil <loustoddard@mac.com>; Raymond Murankus <murankusr@stlucieco.org>; Rebecca Guerra <rguerra@city-ftpierce.com>; Reuben Dye <dyer@stlucieco.org>; Roger Jacobsen <JacobsenR@stlucieco.org>; Selena Griffett <GriffettS@stlucieco.org>; Shaquelle Ryals <ryalss@stlucieco.org>; Stephanie Guevara <guevaras@stlucieco.org>; Steve Harnage <sharnage@cityofpsl.com>; Sue Woodward<w_oodwards@stluciesheriff.com>; Tahir Curry <CurryT@stlucieco.org>; Terrill Mincey <MinceyT9stlucieco.or9>; Thomas Reuther <ReutherT@stluciesheriff.com>; Thondra Lanese <laneset@stlucieco.org>; Victoria Mitchell <mitchelly@stlucieco.org>, WBoyer@slcfd.org; William Durden <DurdenW@stlucieco.org> Subject: Allen Lot Split (File No. LS-7202126095 ) Good Morning DRC Members: The Lot Split Application for Allen Lot Split (File No. LS-7202126095), date - stamped received July 9. 2021 is available for review on the FTP site: ftp://ftp.stILtciecQ.Org. The applicant proposes a lot split as follows: Lot #1 10 acres and Lot 32 9.54 acres. Proposed Site Location & Map: 2080 Pulitzer Rd Ft. Pierce, FL 34945 <image001.png> Hard copies are forthcoming (within the next 5 business days) to those members marked on the attached transmittal form. Please submit any questions/comments to Linda Pendarvis (PendarvisL@stlucieco.org,). Completeness Due Date July 27, 2021. Comment due on August 3, 2021. To login to the FTP site, use: Username: comdev Page 132 of 355 Password: lucie47 Please note: The File Transfer Protocol Site (FTP) is a file transfer site only. Consider a folder on the FTP an email attachment. It must be copied to another location (e.g. hard drive, thumb drive, CD) in order to be saved. sfw�- STEPHANIE GUEVARA I Planning Technician I Planning and Development Services Ph: 772-462-2519 1 Fax: 772-462-1581 1 2300 Virginia Ave. Fort Pierce 34982 [facebook.com/stluciegovifacebook.com/stluciegov I [twitter.com/stluciegovjtwitter.com/stluciegov [instagram.com/stiuriegoviinstagram.com/stluciegov I [youtube.com/stiuciegovjyoutube.com/stluciegov <1mage002.png> <image003.png> Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection_ examination and I or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all Camputers- Page 133 of 355 Linda Pendarrris 1m: Linda Pendarvis —,dnt: Monday, July 19, 2021 9:03 AM To: Leslie Olson (OlsonL@stlucieco.org) Cc: Kori Benton; Benjamin Balcer Subject: 2080 lot split - Pre-App Attachments: Pulitzer Rd - Lot Split Pre-App.pdf Leslie You asked if a pre-app was done. I did not remember that there was a pre -application report done for this lot split. Linda From: Bethany Grubbs <GrubbsB@stlucieco.org> Sent: Sunday, May 23, 2021 2:22 PM To: Kori Benton <bentonk@stlucieco.org> Cc: Benjamin Balcer <BaIcerB@stlucieco.org>; Linda Pendarvis <pendarvisl@stlucieco.org> Subject: RE: 2080 lot split Kori, Please begin review of the attached Lot Split Pre-App Report. Ben is getting inquiries from the Commissioner and applicant regarding the project and I would like to provide him the report to give to the Commissioner as a reference, and formally to the applicant as a follow-up to our discussion. Thank you. From: Benjamin Balcer <BalcerB@stlucieco.org> Sent: Friday, May 21, 20214:56 PM To: jud16@aol.com Cc: Colleen Hamilton <HamiltonC@stlucieco.org>; Cathy Townsend <TownsendC@stlucieco.org>; Leslie Olson <OlsonL@stlucieco.org>; Kori Benton <bentonk@stlucieco.org>; Bethany Grubbs <GrubbsB@stlucieco.org>; Linda Pendarvis <pendarvisl@stlucieco.org>; cheryl.allen@stlucieschools.org Subject: RE: 2080 lot split Good Afternoon Mr. Allen, The Planning Division is happy to look at your request. Attached is a Lot Split Application that can be submitted with the required documents (Survey, legal descriptions, etc.) Your pre -application fee of $212.50 will be credited towards the Lot Split Application. It may be helpful to contact the previous owner, CenterState Bank, to see if they have any documentation that indicated s property can be subdivided. The Standards of Review for a Lot Split approval are as follows: Page 136 of 355 D. Standards for Review. All Minor Replats or Lot Splits shall conform to the following standards: 1. Each proposed lot must conform to the requirements of this Code. 2. Each lot shall abut a public or private street (except as hereinafter provided) for the required minimum roodf frontage for the Zoning District where the lots are located. 1 . 3. if any lot abuts a street right-of-way that does not conform to the design specifications provided in this Code, the owner shall be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements. Following the submission of a complete application, it will be forwarded to the Development Review Committee (DRC) members for a determination of compliance with the Land Development Code. Upon completion of our staff review, the petition will be forwarded with a recommendation from the DRC to the Planning and Development Services Director to take final action on the petition. I trust this information is helpful. Enjoy the weekend. Thank you, Benjamin Balcer, AICP I Assistant Director I Planning & Development Services Ph: 772-462-1589 11 Cell: 772-979-1908 12300 Virginia Ave. Fort Pierce 34982 facebaok.com/stluciegov I twitter.com/stluciegov I instagram.com/stluciegov I youtube,com/stluciegov L F _ J � InC6 2i116 aces ST ST. LUCIE COUNTY From: iud16@aol.com <iud16@aol.com> Sent: Friday, May 21, 2021 10:a9 AM To: Benjamin Balcer <BalcerB@stlucieco.org> Cc: Colleen Hamilton <HamiltonC@stlucieco.org>; Cathy Townsend <TownsendC@stlucieco.org>; Leslie Olson <OlsonL@stlucieco.org>; Kori Benton <bentonk@stlucieco.org>; Bethany Grubbs <GrubbsB@stlucieco.org>; Linda Pendarvis <pendarvisl@stlucieco.org>; cheryl.allen@stlucieschools.or� Subject: Re: 2080 lot split SECURITY WARNING: This email originated from outside the County systems. Please show caution when. clicking links or opening attachments unless you recognize the sender and know the content is safe. Good Morning Team, Thank you for responding back Mr. Balcer, but I have a few questions and observations. So the easement I sent you from the survey from Brocksmith covers every property except ours? and the properties to our direct north are allowed all the way to ours? If I am understanding correctly than: the properties directly north, south, and east of our property can and have been split, but ours cannot. Our property is the only lot on the entire road that does not meet the requirements? Seems a bit absurd and I feel like this should be re -looked at. Again, we are trying our best to do things the right way and I was told just yesterday that approvals have happened with the same guidelines that we have. Please look into this and make this right. We are trying to protect our family and this is the best way that we know how. If you have any questions or need me to do anything please reel free to reach out to me. i hope everyone has a great weekend. Thank you for your help. Jud Allen 772-812-9072 Page 137 of 355 -----Original Message ----- From: Benjamin Balcer <BalcerB stlucieco.or > To: jud16 <jud16(a7aol.com> Colleen Hamilton <HamiltonC@stlucieco.orq>; Linda Pendarvis <pendarvisIQstlucieco.org> -it: Fri, May 21, 2021 9A8 am ,- Abject: RE: 2080 lot split Mr. Allen, Thank you for sending me a copy of a portion of your survey. We were able to research the easement you had highlighted and it indicates that your parcel is not a party to the agreement. I have attached it for your review. The Lots included were Lots 1-8, Block 2, of the Plat of McNurlen Farms. Your parcel is located north of these platted lots. If you would like to pursue a formal lot split application, please understand that it is the Planning Department's determination that your lot does not meet the road frontage requirements for obtaining lot split approval. If you have additional information that was not included previously, please let me know so that we may review further. For your convenience, I have attached the lot split application. Please let me know if you have any questions. Thank you, Benjamin Balcer, AICP I Assistant Director I Planning & Development Services Ph: 772-462-1589 11 Cell: 772-979-1908 12300 Virginia Ave. Fort Pierce 34982 facebook.comistluciegov I twitter. comistluciegov I instagram.comistluciegov I youtube.comistluciegov _ Since 2016 �c LclCf -I BIST w�AL 91JUS F ��- to word ST. LUCtE COilNTY From: jud16 <jud162aol.com> Sent: Thursday, May 20, 2021 11.37 AM To: Benjamin Balcer <BalcerB stiucieco.or > Subject: 2080 lot split SECURITY WARNING: This email originated from outside the County systems. Please show caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and 1 or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. _i Page 138 of 355 �1 jj J; 4 3 J in. t i�i X s s -f ftxt 9 'f yy' _� � 7e` �s Y .��•; j 'd � � __— � �+r �``Y ''art r` �•�..1 Ar P01-4 ' '7!K"am`.-.'*�'r' r' : ... _, ,r�.?•. .ki �Y --. .-.�_4 ���. .<. a�a s7�'.,Y-t�----.,. .�_.. a-�,�-r��''x,.� ��>'3�2r+£�,� ,sn�`�-.T .-�T- ..,.7i�t'�•F ..J Page 140 of 355 .� ��\\ . , K \� t K \��) C d� �\j �ij wa � ,� ) /«/ ! f\� { \ Sent from my iPhone Page 142 of 355 Page 143 of 355 r" 0 PLANNING & DEVELOPMENT SERVICES DEPARTMENT Planning Division DEVELOPMENT REVIEW COMMITTEE (DRC) Pre -Application Report Pulitzer Road Lot Split Applicant/Property Owner: Justin Allen Agent for Applicant: N/A County Project Coordinator: Bethany Grubbs, Planner Assistant Director: Benjamin Balcer Assistant Planning Manager: Kori Benton, AICP County Project Number: PreApp-3202125987 Application Type(s): Pre -Application Parcel Identification Number: 2317-333-0000-000-2 Site Address: 2080 Pulitzer Road, Fort Pierce, FL 34945 Date Pre -Application Submitted: March 12, 2021 Pre -Application Report Provided: May 23, 2021 DESCRIPTION OF REQUEST This is a Pre -Application Meeting request with the St. Lucie County Development Review Committee (DRC) regarding the division of property located on the east side of Pulitzer Road, approximately 111Z miles south of Orange Avenue and 1314 miles north of Okeechobee Road, in Fort Pierce. The applicant is proposing to split a 19.68-acre parent parcel into two (2) lots. One parcel, described as "Parcel A" to consist of +/-9.84-acres, and another parcel, described as "Parcel B" to consist of+/-9.84-acres, before right-of-way dedication. The applicant has communicated the conceptual lot configuration as depicted in Figure 1 below. The undeveloped property is located within the AG-5 (Agricultural — 5) Zoning District, with a Future Land Use designation of AG-5 (Agricultural — 5). The parcel is located outside the Urban Service Boundary (USB). The comments in this report are based on the above information and the pre -application materials received and date stamped by the Planning and Development Services Department, Planning Division on March 12, 2021. Effective October 1, 2020, the Board of County Commissioners amended Resolution No. 18-072 temporarily modifying the County's schedule of fees for technical and administrative activities, including a 15% reduction, in order to respond to the economic impact of the COVID-19 Public Health Emergency. The temporary modification of the County's schedule of fees will sunset within 365 days from the October 1, 2020, effective date. Page 144 of 355 Project Name: Pulitzer Road Lot Split Project File No.: PreApp-3202125987 Figure 1: Conceptual Lot Configuration A. RevlewAssessment The specific comments of each review agency related to this request are identified in Sections B through J of this report. These comments are provided to assist you with the submission of a development application(s). If you need more information or further clarification on any comments in a specific section as noted below, please feel free to contact the reviewer listed. Is—ec-]F— Department Reviewer Phone Email Planning & Development Bethany Grubbs 462-1687 GrubbsB@stiucieco.org B Plonning Manager Linda Pendorvis 462-1562 PendorvisL@stlucieco.orq C County Surveying Contact David Hays 462-1491 HaysD@stlucieco.org D Environmental Resources Brian Arbeiter 462-2866 ArbeiterB@stlucieco.org F-E] Public Works Grant Chambers 462-2741 ChambersG@stlucieco.org r... Page 145 of 355 Project Name: Pulitzer Road Lot Split Project File No.: PreApp-320212S987 F Property Acquisitions Victoria Mitchell 462-1711 MitchellV@stlucieco.org G St, Lucie County Fire District Lt. Wayne Boyer 621-3322 WBoyer@sicfd.org ❑H Building/Permitting Douglas Harvey 462-2186 HarveyD@stlucieco.org 1 Fort Pierce Utilities Authority Martha Kerr 772.466,1600 Fxt. 3473 MKerr@fpua.com J NSLRWCD Katherine Caricchio 561 515 3909 Katherine.Caricchio@aecorn.com B. Determination of Compliance with Land Development Code and Comprehensive Plan Requirement — Planning & Development Services 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 sand. Following 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. The following web site will provide the referenced Sections of the Land Development Code: https://library.municode.com/fl/st. lucie county/codes/land development code. 1. The subject Lot Split does not meet the requirements for road frontage. Each proposed lot must conform with the provisions of Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code for the AG-5 (Agricultural-5) Zoning District. AG-5 Lot Size and Dimensional Requirements Minimum Minimum Minimum Front Rear Side Max Building Road Lot Size Lot Width Setback Setback Setback Coverage Frontage 60 feet 217,800 ft2 150 feet 50 feet 30 feet 20 feet 10% Road frontage must be established in accordance with LDC Section 7.04.01. Pursuant to LDC Section 2.00.00 - Definitions, Frontage is defined as, "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", Pulitzer Road is classified by St. Lucie County Public Works as a local road. Pursuant to LDC Section 2.00.00, a Local Road or Street, is defined as 'A route providing service, which is of relatively low average traffic volume, short overage trip length or minimal through -traffic involvements and high land access for abutting property". Pulitzer Road, a County right-of-way, terminates at the northwest corner of the subject property. ➢ To create conforming lots, the property owner shall acquire 60' of road frontage. The application, checklist, and a fee schedule may be found on the St. Lucie County Planning and Development Services website at http://www.stluciecc.gov/planning/applications. Page 146 of 355 Project Name: Pulitzer Road Lot Split Project File No.: PreApp-3202125987 C. Determination of. Compliance with County Survey Requirements — Engineering,. Division, Public Works Department No comment. D.. Determination of Compliance with Environmental Requirements— Environmental Resources Deportment No comment._. E. ' Determinotion of Compliance with Engineering & Water Quality Requirements — Water Quality Division, Public Works Department The following comments are offered based on site location: 1. Pulitzer Road is not on the County's ROW Protection Map and is considered a local road only at this time. 2. County right-of-way (ROW) ends at the northern property line of the proposed site with access from Orange Avenue to Schirard Drive just north of this property. 3. ROW dedication of the County's minimum standard of 70 FT is required from the western side of this site for continuance of County ROW and property frontage/legal access. 4. Provide a survey of the property identifying all encumbrances and adjacent rights -of -way and easements. S. Land descriptions and acreage or square footage of the original and proposed lots and a scaled drawing showing the intended division and property line dimensions. 6. Stabilized access a minimum of 20 ft wide, meeting County standards, including but not limited to Emergency Services, will be required from the end of maintained access to the site the southern property. 7. For discussion regarding these comments, please contact me at 772-462-1491 2741 or haysd@stlucieco.org chambersg@stlucieco.org. F, Determination of Compliance with PropertyAcquisitions Requirements —PropertyAcquisition Division, Legal Department In reviewing Pulitzer Lot Split Pre-App, we have the following comments: The parcel has the following frontage: • North St Lucie River Water Control District Canal No. 54 is owned and maintained by North Saint 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. G. ' Determination of Compliance with Fire Requirements -5t. Lucie County Fire Department The Fire District has a separate application form. Please submit a completed application for Development/Site Plan Review (St. Lucie County Fire District Development & Site Plan Review Application). This form is available on-line at www.slcfd.org. Questions may be directed to Lt. Wayne Boyer at (772) 621-3322. H. Determination of Compliance with Florida Building Code Requirements- Building/Permitting Department No comment. I. Determination of Compliance with Florida Building Code Requirements — Bullding/Permitting Department The attached submission for Pulitzer Lot Split is outside FPUA service area. J. Determination of Compliance with North St. Lucie River Water Control District No comment. 4 Page 147 of 355 Linda Pendarvis )m: Kori Benton —ent: Sunday, May 23, 2021 7:38 PM To: Bethany Grubbs Cc: Benjamin Balcer; Linda Pendarvis Subject: Re: 2080 lot split I'm not sure this answers anything. Seems like we're saying the lot split is acceptable upon dedicating a strip of ROW and/or building the equivalent roadway section (or RPW)? Outside of the letter, and potentially before publication, we should compile the prior background/analysis to brief Leslie; -Past approvals on Pulitzer, your map exhibit, naming of Pulitzer, the thoroughfare discussion, SLW ROW gap and variable condition Pulitzer south of Orange. Kori Get Outlook for iOS From: Bethany Grubbs <GrubbsB@stlucieco.org> Sent: Sunday, May 23, 2021 2:21:50 PM To: Kori Benton <bentonk@stlucieco.org> Benjamin Balcer <BalcerB@stlucieco.org>; Linda Pendarvis <pendarvisl@stlucieco.org> .VJbject: RE: 2080 lot split Kori, Please begin review of the attached Lot Split Pre-App Report. Ben is getting inquiries from the Commissioner and applicant regarding the project and I would like to provide him the report to give to the Commissioner as a reference, and formally to the applicant as a follow-up to our discussion. Thank you. From: Benjamin Balcer <BalcerB@stlucieco.org> Sent: Friday, May 21, 20214:56 PM To: jud16@aol.com Cc: Colleen Hamilton <HamiltonC@stlucieco.org>; Cathy Townsend <TownsendC@stlucieco.org>; Leslie Olson <OlsonL@stlucieco.org>; Kori Benton <bentonk@stlucieco.org>; Bethany Grubbs <GrubbsB@stlucieco.org>; Linda Pendarvis <pendarvisl@stlucieco.org>; cheryl.allen@stlucieschools.org Subject: RE: 2080 lot split Good Afternoon Mr. Allen, The Planning Division is happy to look at your request. Attached is a Lot Split Application that can be submitted with the luired documents (Survey, legal descriptions, etc.) Your pre -application fee of $212.50 will be credited towards the ,it Split Application. Page 150 of 355 It may be helpful to contact the previous owner, CenterState Bank, to see if they have any documentation that indicated this property can be subdivided. The Standards of Review for a Lot Split approval are as follows: D. Standards for Review. All Minor Replats or Lot Splits shall conform to the following standards: 1. Each proposed lot must conform to the requirements of this Code. 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. 3. If any lot abuts a street right-of-way that does not conform to the design specifications provided in this Code, the owner shall be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements. Following the submission of a complete application, it will be forwarded to the Development Review Committee (DRC) members for a determination of compliance with the Land Development Code. Upon completion of our staff review, the petition will be forwarded with a recommendation from the DRC to the Planning and Development Services Director to take final action on the petition. I trust this information is helpful. Enjoy the weekend. Thank you, Benjamin Balcer, AICP I Assistant Director I Planning & Development Services Ph: 772-462-1589 11 Cell: 772-979-1908 12300 Virginia Ave. Fort Pierce 34982 facebook.com/st[udeaov I twitter.com/st[uc€egov I instaRram.com/stluciegov I youtube.com/stluciegov c-? � c �Ci ��I F "BEST � since 20i6 r . 1 places F � : �.. ; -. ; R ....- _ to work ST. LUCIE COUNTY From: 1ud16@aol.com <iud16@aol.com> Sent: Friday, May 21, 2021 10:49 AM To: Benjamin Balcer <BalcerB@stlucieco.org> Cc: Colleen Hamilton <HamiltonC@stlucieco.org>; Cathy Townsend <TownsendC@stlucieco.org>; Leslie Olson <OlsonL@stlucieco.org>; Kori Benton <bentonk@stlucieco.org>; Bethany Grubbs <GrubbsB@stlucieco.org>; Linda Pendarvis <pendarvisl@stlucieco.org>; cheryl.allen@stlucieschools.org Subject: Re: 2080 lot split SECURITY WARNING: This email originated.from outside the County systems Please show caution when clicking links or opening attachments unless you recognize.the sender and know the content is safe. Good Morning Team, Thank you for responding back Mr. Balcer, but I have a few questions and observations. So the easement I sent you from the survey from Brocksmith covers every property except ours? and the properties to our direct north are allowed all the way to ours? If I am understanding correctly than: the properties directly north, south, and east of our property can and have been split, but ours cannot. Our property is the only lot on the entire road that does not meet the requirements? Seems a bit absur and I feel like this should be re -looked at. Again, we are trying our best to do things the right way and I was told just yesterday that approvals have happened with the same guidelines that we have. Please look into this and make this right. We are trying to protect our family and this is the best way that we know how. If you have any questions or need me to do anything please feel free to reach out to me. I hope everyone has a great weekend. Thank you for your help. Page 151 of 355 Jud Allen 772-812-9072 -----Original Message ----- From: Benjamin Balcer <BalcerB@stlucieco.orq> To: jud16 <jud16(@aol.com> Cc: Colleen Hamilton <HamiltonC(d-)stlucieco.orq>; Linda Pendarvis < endarvisl stlucieco.or > Sent: Fri, May 21, 2021 9:48 am Subject: RE: 2080 lot split Mr. Allen, Thank you for sending me a copy of a portion of your survey. We were able to research the easement you had highlighted and it indicates that your parcel is not a party to the agreement. I have attached it for your review. The Lots included were Lots 1-8, Block 2, of the Plat of McNurlen Farms. Your parcel is located north of these platted lots. If you would like to pursue a formal lot split application, please understand that it is the Planning Department's determination that your lot does not meet the road frontage requirements for obtaining lot split approval. If you have additional information that was not included previously, please let me know so that we may review further. For your convenience, I have attached the lot split application. Please let me know if you have any questions. Thank you, njamin Balcer, AICP I Assistant Director I Planning & Development Services 772-462-1589 11 Cell: 772-979-1908 12300 Virginia Ave. Fort Pierce 34982 facebook.comistluciegov I twitter.comistluciegov I in stag ram.comistiuciegov I youtube.comistluciegov Since_ 2016r ST. LUM COUNTY From: jud16 <jud16(a7aol.com> Sent: Thursday, May 20, 2021 11:37 AM To: Benjamin Balcer <Balce_ rB[}stlucieco.org> Subject: 2080 lot split SECURITY WARNING: This email originated from outside the County systems. Please show caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and 1 or dying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the -`mmunication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Page 152 of 355 49 � Page 154 of 355 Sent from my Phone Page 156 of 355 Page 157 of 355 Linda Pendarvis im: jud16@aol.com -ant: Friday, May 21, 2021 10:49 AM To: Benjamin Balcer Cc: Colleen Hamilton; Cathy Townsend; Leslie Olson; Kori Benton; Bethany Grubbs; Linda Pendatvis; cheryl.allen@stlucieschools.org Subject: Re: 2080 lot split SECURITY WARNING: This email originated from outside the County systems. Please show caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Good Morning Team, Thank you for responding back Mr. Balcer, but I have a few questions and observations. So the easement I sent you from the survey from Brocksmith covers every property except ours? and the properties to our direct north are allowed all the way to ours? If I am understanding correctly than: the properties directly north, south, and east of our property can and have been split, but ours cannot. Our property is the only lot on the entire road that does not meet the requirements? Seems a bit absurd and I feel like this should be re -looked at. Again, we are trying our best to do things the right way and I was told just yesterday that approvals have happened with the same guidelines that we have. Please look into this and make this right. We are trying to protect our family and this is the best way that we know how. If you have any questions or need me to do anything please feel free to reach out to me. I hope everyone has a great weekend. Thank you for your help. Jud Allen 772-812-9072 -----Original Message ----- From'. Benjamin Balcer <BalcerB@stlucieco.org> To: jud16 <jud16@aol.com> Cc: Colleen Hamilton <HamiltonC@stlucieco.org>; Linda Pendarvis <pendarvisl@stlucieco.org> Sent: Fri, May 21, 2021 9:48 am Subject: RE: 2080 lot split Mr. Allen, Thank you for sending me a copy of a portion of your survey. We were able to research the easement you had highlighted and it indicates that your parcel is not a party to the agreement. I have attached it for your review. The Lots included were Lots 1-8, Block 2, of the Plat of McNurlen Farms. Your parcel is located north of these platted lots. If you would like to pursue a formal lot split application, please understand that it is the Planning Department's determination that your lot does not meet the road frontage requirements for obtaining lot split approval. If you have additional information that was not included previously, please let me know so that we may review further. For your convenience, I have attached the lot split application. Please let me know if you have any questions Thank you, _ ;njamin Balcer, AICP I Assistant Director I Planning & Development Services Ph: 772-462-15891 I Cell: 772-979-1908 12300 Virginia Ave. Fort Pierce 34982 facebook comistluciegov I twitter.COrn/stluciegov I instagram.comistluciegov I youtube.comistluciegov Page 160 of 355 S.M.Ce 2016 NM LUCIE" EST _ 1 r 0 W of sr. LL CK Casrm From: jud16 <jud16@aol.com> Sent: Thursday, May 20, 2021 11:37 AM To: Benjamin Balcer <BalcerB@stlucieco.org> Subject: 2080 lot split SECURITY WARNING: This email originated from outside the County systems. Please show caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and 1 or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Page 161 of 355 ` � __ _ � .r t..y. 'Tin �_ � { ♦ {'� -.� N- .......... N r", Q., Page 163 of 355 Sent from my Phone rl A Page 165 of 355 ALLEN LOT SPLIT LS 7202126095 Page 166 of 355 _ C L. 0 4� _ 0 u _ 0 a N 46 J a a _ m i M 9 0 _ I U. o Ca °C u 0000 w m M t a +, 1O -0 � 7 _ ++ ITS 0 J J U7 a L u m rH 'zt 0 m cZ E `2 ca N 4� sz .� 4- = a c o _ w � w cr u 5 U u ii1 is m 4 s sa a u° 00 00 a) L(1 0000 L <t m u L '� 'x L 0 00 rn N Page 167 of 355 "a '0 - 0 - 0 u (1) u Ot wa) 4— 0 IZJ- 4— 0 4� 00 4� 0 0', .0 OD m 4. so C cu (1) 4- 0 as s4- -0 C 4� 0 0 CC Vi u CJ m m rn 0 C5 025 42' 6 cz -0 M -0 -0 -a m _0 m -0 o 0 0 4�1 0 0 0 0 0 0 > u M: U V) M -Z 7- 0 0 0 06 -0 _0 V) >. ul 0 m _0 C 0 0 -r- 0 Y 0 V) m cc = 0 cr- cc cc w rH 1-1 0 m 0", 0 0 C14 r1i 0 00 r14 (y) 00 0) 0 00 N 0 ey 0 —1 2 0 0 6 0 rH r14 0 0 0 C? 4 rq r1i H r- lz* Page 168 of 355 bA E L O c O u v m Ln cs2S co 0 O CZ c c o2S c c06 cc: c `L^ E a E m ° ° ° ° Ln cu c ai z 0f( -C +1 c m `- m = u m as c m ° c m-C m " c m " - c m-C � C a C � y �u v w w 06 cc 0 d � Li- � LL Li c G LL d l.L 0 d' G L � 1/1 (A W E C E N Q fro, gy+ Go) V r '° -r � -� m L 0 c L (.� L m Wi m M> L .'� fill V w 0 e ep Qy 0 ca tw c o =2:2 ca 0c`c m m 06 av c c E 0 0 o -0 m c m W � 00 Li- n LL a- J C-6 a) tly Q SZ V S] i r- 141 Ln o r01 + + N Ln a J~ H 0~0 L m N CSi CO m p't Q 0 C� r d N C m m r� m r14 Page 169 of 355 0 0 00 0 7 4? V) a) Qj co u C: CR > aj 06 (1) 0 O 0 CS a) 'E ai -0 a) 0 a) -�e a) (D (u " m 0 4� 0 aj 41 0 0 — U 0 4� ru +' M 4� m m m -0 u V) 0 — V) , (A w :c 06 -j -j > 0 LL 0- < CL < V) U V) Q 0,6 c a) C,6 u C > m W vi c c < 0 6 Q) �e C: < < Qj -,— 41 Qj ON cu L) 0 , —tA >� m 0 0 u 0 -te m u V) c C -�e C 0 cr _�4 m > < M V) u vm) 06 < M ro 00 wT CTf 0) xri CT w -4 m 00 GO r14 CY) -- m a) �O 00 00 0) 0 r-I CC V) H H 00 8� 0 0 Uy 0 0 ct CY) r - Page 170 of 355 0 O - �T 0 IZT 00 4� 00 0) 0 0) IH -j r-I Lll LO 0 m u m V) +1 V, 4- -6 0) M OJ >- _0 uj cU 00 Qj M 4� 4� C a U 0) 'E = a) L- m V, c u C _,�4 U u m (1) m E 2 m 0 co co 0 4- 0 st 4� 00 0 CY) i r-I (Ii OD m 41 0 M 4 0 0 -A u u m m u N a) E Lij 0 (U — a) =0 c m E U 0- � Ln -C E 0 < M E -5 0 0 -r (D (U a < Lj- tA 0 06 m 0 U > u _0 w 4- m 0 u u06 _,- c . u 0 (U (U a) E Qj 0 — >- (U QJ 0 m CL 41 -e E '0 >� -2 u >' _2 u Em E " — m -0 m 9 a 9 :3§0000)c)-Mm M 0 -F :3 cit ca u L Ln (N SI r-I x r-i 0 00 00 m 0 0 cr) a) N 00 Ln 00 r-i Cr- r- rn 8� CD 0 6 C 0 MT r,4 rH 00 fU uj 4- M 0 Ln u u z) -0 E o u 1 0 00 W r4 d C4 0 00 0 0) 0) r14 V) C14 (14 cy) ro O 0 C? rH 0 0 0 ry) rn r'4 Lf) Ln rH (14 Page 171 of 355 0 0 �t 41 0 00 CT) rH E -Om Qj 040 0 -C a) 0 E E o -0 r 0 0 a m U ay u 0 u 00 F- 00 _0 Q) 00 N C: u 0 LA 06 -C 0 b-0 on ro 0 Q) 0 m m = Q) W u to E , Qj E t ci < It 0 m _0 0 " �; 0 u -C (U I N Gi 0) 0 0 i— E5 I-- L-L -r 5 u (D , vi c 06 M Cs acS Ci m V) 0 0 E -C - i�- c- +M� "M '0- M" aj :3 =3 C: Up m 4, = +1 0 u :� ?: of V) (AV) S 0 UO ai w c . . I V) C5 0) -0 c m LA 0 c Ln _0 0 Ln --J M OD u < m W t Q) c 0 0 u 0� m c " - m = E 4� w E cc 75 0 c 0 _0 E t 0 " 2 0 u CL Gi a) :3 m -(- -C r- Qj m' o CL M U- (3) LL 0 m UO (D 4� V) Cm) 4,-' V, 4- A —,40 0 —W .6 CC 0) 0) 0 C 0 0 Ot 0 01 N N C ro N r,4 r�4 0 Lr) H c^^I Lr) 00 00 Page 172 of 355 ALLEN LOT SPLIT LS 7202126095 Page 173 of 355 Rec Fea S° _ DOUtII.A9 DMON 1014055 Add Fes $ $t Lame Ccanty Dx Tax 4... a.k of cirmie Cyan Iut Tax $ .r ,$I► ...,r:.,`....,_ TOW $ ..L�:S...:..., vwwy CI.* NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT A RESOLUTION RELATING TO LEGAL ACCESS TO PRIVATE LANDS OVER FACILITIES WITHIN DISTRICT RIGHTS -OF -WAY WHEREAS, the Board of Supervisors of the NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT (the "District"), recites the following facts and determinations based thereon: 1. The District was organized in the year 1917 and continues in existence pursuant to the General Drainage Laws of Florida, Chapter 298, Florida Statutes; its primary boundaries include a significant land mass within the Western part of St. Lucie County, Florida (the "County"), and its works comprehend many miles of rights -of -way composed of excavated canals and adjoining maintenance berms, numerous of which lie adjacent to dedicated public roads, physically separating such roads from the private lands they serve. 2. The District was, and is, organized as a quasi -public, special benefit taxing district for the singular purpose of providing surface water management, including drainage, to lands within the District boundaries; it is not required by law to construct or maintain within its rights of way a system of roads and related facilities, including bridges or culvert crossings, for the purpose of providing access to the lands within, or adjacent to, its boundaries, but it may permit landowners and County to do so under circumstances assuring no prejudice will result to the District in meeting its singular purpose through full utilization and maintenance of its right-of-way assets and related facilities. 3. In keeping with policy consistently applied by the District since its creation which favors non -conflicting utilization of necessary portions of its rights -of -way by affected landowners and, where of general benefit, the public acting by and through the County, the District has extended over the years both oral and written permits to landowners and County for the maintenance of roads and bridge and culvert crossings over and upon portions of its rights -of -way in order to provide public and private access to lands within and adjacent to the District. These permits, where express, have been both revocable and irrevocable in form. Infrequently, legal easements have been granted by the District to the County over portions of rights -of -way. 4. Pursuant to permits, both formal and informal, roads have been improved and maintained over the years within or upon District rights of way at both public and private expense. Likewise, bridges and culverts have been installed and maintained providing crossing access to lands separated by canal excavations from publicly dedicated roads or from so-called "berm" roads. G 1 / rl ,rl _, P 9 ('J of 355 5. Over the past two decades, significant development and urbanization of lands within and adjacent to the boundaries of the District has occurred, which will continue. Over the same period, land values within and adjacent to the District's boundaries have increased several fold. Both of these phenomena have resulted in the application to District lands of more stringent standards of review by land title examiners and title insurance underwriters, many unfamiliar with local physical and historic conditions, which standards relate to the concept of availability of legal access to lands as a necessary incident to the marketability of their titles. With an alarming degree of frequency, the titles to lands within and adjacent to the District's boundaries are being found unmarketable and rejected for sale or as mortgage security because they are served by roads and/or culvert or bridge crossings over or upon District rights -of -way for which there is no evidence appearing among the public records of the County granting irrevocably permission for the continued maintenance and use of such facilities providing access. This condition has been further aggravated by the State of Florida, Department of Insurance that has amended Florida Administrative Regulation 4-21.003, effective June 25, 1986, requiring all Florida land titles to be insured as "marketable", as opposed to the lesser standard of insurance formerly prevailing of "insurable". 6. The District, acting by and through its duly elected and authorized Supervisors, has determined that public good would be served by spreading upon the public records of County this Resolution granting, affirming and confirming, retroactively and irrevocably, permits for the continued use and maintenance of roads and other access facilities, including bridge and culvert crossings, located within District rights -of -way, subject, however, to the paramount rights of District as hereinafter delineated and described. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT, at its regular meeting and at the Annual Meeting of Landowners, each held December 1, 1989, as follows: A. IRREVOCABLE GRANT. District hereby gives, grants, affirms or confirms, as may be most appropriate, to County or to affected and benefitted owners of lands within or adjacent to District boundaries, and as an appurtenance to such lands, an irrevocable permit (subject to the limitations hereinafter set forth), for the continued use and maintenance of installed facilities, whether roads or canal crossings (bridge or culvert), providing convenient ingress and egress, both pedestrian and vehicular, to such lands, which facilities are, or have been, heretofore located within or upon District rights--of-way with the knowledge of District as evidenced by express permits or as may be inferred from the continuous existence and use of such facilities, or any of them, for a period of seven (7) years preceding the date of this Resolution. B. ABANDONMENT, ETC., OF FACILITY. The irrevocable nature of any grant or affirmation of permit evidenced by this Resolution shall terminate as to any abandoned, destroyed, or substantially damaged facility, provided, however, that District agrees irrevocably to issue a replacement permit in recordable form to those served by any destroyed or substantially damaged facility allowing its replacement or restoration, at no expense to District, at the same location or K060 P' , 700 2 Page 175 of 355 at a new location designated by District, provided such new location furnishes like utility to the benefitted lands, and provided, further, that the restoration shall be accomplished pursuant to plans and specifications approved by District as evidenced by its recordable permit. C. LIMITATIONS UPON IRREVOCABLE GRANT. The grant by District embodied in Item A. above shall be limited by, and subject to, the following: (1) The primary and paramount right of District to conduct its operations and maintenance related to surface water management within and upon its rights -of -way to include the depositing thereon of spoil material and other debris excavated from canals as a part of routine maintenance within rights -of --way. The paramount right to deposit material and debris upon rights -of -way likewise extends to those rights -of -way upon, or within, which there is maintained by County or by affected owners a roadway. In the event canal cleaning is calculated to result in temporary interruption or destruction of road utility, District will endeavor to give advance notice of its maintenance schedule to those maintaining and/or using such road to permit them, at their expense, to have equipment and contractors immediately available to restore the road to its former utility following canal cleaning. (2) The District reserves the right to direct replacement of crossing facilities and to establish and specify criteria for such replacement or for maintenance of roads or crossing facilities in order to prevent the same from interfering with the surface water management responsibilities of District or from impairing the hydrologic capacity of canal excavations. Failure of required replacement or maintenance of a facility may result in suspension or cancellation of the permit evidenced by this Resolution for such facility, such right of suspension or cancellation being expressly reserved to District hereby. (3) The rights reserved to District by this Item C, sub -parts (1) and (2) above, are solely for the protection of District in fulfilling its singular purpose as herein described, and, in any exercise thereof, no responsibility is assumed by District for the functional utility, safety or soundness of any permitted facility. D. APPLICATION. The grants or confirmations of permits evidenced by this Resolution shall have no prospective application. All access facilities, whether roads, canal crossings, or other, hereafter to be constructed or located upon District rights -of -way must be approved by District and constructed to its approved plans and specifications, all as will be more fully evidenced by an irrevocable permit in recordable form, executed in the name of District by the President of its Board of Supervisors or by its designated General Manager. The form of permit shall delineate and describe the parcel or parcels of land within, or adjacent to, District boundaries intended to be benefitted or served by the facility and to which such facility shall be deemed appurtenant. The Irrevocable Permit shall be in form and content established by District from time to time. This Resolution and the permits granted and confirmed hereby pertain exclusively to facilities providing access to lands and are intended to support 3 0.)P,r ! It D� � Pt,, E Pa�[ 116 of 355 findings in appropriate cases that legal access is afforded lands within, or adjacent to, District boundaries. The benefits hereof shall not be deemed to extend to any facilities intended solely for water control, transport or use. E. RELEASE, INDEMNITY AND HOLD HARMLESS. Acceptance of benefits accorded by the permits granted or confirmed hereby, which acceptance shall be evidenced by the continued use of the subject facilities providing access to lands by County or by private owners, their guests or invitees, shall evidence the agreement by County [subject, however, to the limitations upon the waiver of sovereign immunity in tort actions provided by Section 768.28, Florida Statutes (1988)) or by such owners, as their interests may appear, that District is released by them, or that they will indemnify and hold harmless District from, any and all claims related to such facilities or their use for personal injury or property damage, including cost of litigation, counsel fees attendant thereon, and damage to facilities caused by District as a result of its paramount maintenance activities. F. EFFECTIVE DATE. This Resolution, and the benefits; granted or confirmed by same, shall.have retroactive application from December 1, 1989. PASSED'ANb,DULY ADOPTED this Jr C VIM # .` PRF, • A�FA AD AS To. F04f....A District Counsel 1st day of December, 1989. Attest cretary 1014055 '899 E`' 21 All '00 Sou : i r ` STRICT 4 BILK G69 PACE Q027 of 355 ALLEN LOT SPLIT LS 7202126095 Page 178 of 355 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Site Address: 'TBD Sec/Town/Range: 17,35S/39E Parcel ID: 2317-11 1-000 1 -000-7 Jurisdiction: Saint Lucie County Ownership NSLRWCD 14666 Orange Ave Fort Pierce, FL 34945 Legal Description Property Identification Pat rtzefz XP 1510F,fneeo— 17 35 39 E 49 FT OF E 1/2 AND W 3.5 FTOF N 3/4 OF 1/2 AND W 9 FT OF S 1/4 OF E, 1/2 AND E 43.5 FTOF N 3/4 OF W 1/2 AND E 49 FTOF S 114 OF W 1/2 AND W 46 FT OF N 3/4 OF W 1/2-SUBJECT TO RD ESMT OVERW 46 FTOF N 1/2 OF 1/2 AS IN D13K 252-665 AND 255-306- AND W,li FTOF S 1/4 OF W 1/2 (OR 372-2599) Use Type: 9400 Account )k 13858 Map ID: 23/17S Zoning: ROW Total Areas Finished/Under Air (SF): Gross Sketched Area (SF): Land Size (acres): Land Size (SF): Building Design Wind Speed Current Values Just/Market Value: $o Occupancy Category 1 11 111 & IV Assessed Value: $o Speed 140 150 160 Exemptions: $o SOUTUS/links: Taxable Value: $o Property taxes are subject to change upon change of ownership. • Past taxes are not a reliable projection of future taxes. • The sale of a property will prompt the removal of all exemptions, assessment caps, and special classifications. Taxes for this parcel: SLC Tax Collector's Office U Download TRIM for this parcel: Download PDFU Sale History Date Book/Page Sale Deed Granter Price Code Jan 1, 1900 $0 Building Information (1 of 1) Finished Area: 0 SF Gross Sketched Area: 0 SF E`xterior Data View: Roof Cover: Roof Structure: Building Type: Year Built: N/A Frame: Grade: Effective Year: N/A Primary Wall: Story I leight: No. Units: 0 Secondary Wall: Interior Data Bedrooms: 0 Electric: Primary hit Wall: Full Baths: 0 Heat Type: Avg I-IgVFloor: 0 Half Baths: 0 Heat Fuel: Primary Floors: A/C %: o% Heated %: N/A'/'. Sprinkled %: 0% Page 179 of 355 Sketch Area Legend Sub Area Description Area Fin. Area Perimeter Type Current Values Breakdown Building: $0 Land: $o Just/Market: $o Ag Credit: $0 Save Our Homes or $0 10% Cap: Assessed: $0 Exemption(s): $0 Taxable: $0 Special Features and Yard Items Qty Units Year Blt Current Year Values Current Year Exemption Value Breakdown Tax Grant Code Description Amount Year Year 7505 Drainage District $0 2020 R/W Property Current Year Special Assessment Breakdown This does not necessarily represent the total Special Assessements that could be charged against this property. The total amount charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tax Collector's Office G. Historical Values Year Just/Market Assessed Exemptions Taxable 2020 s0 $0 $0 $0 2019 $0 $0 $0 $0 2018 $0 $o $0 $0 Permits Number Issue Date Description Amount Fee Notice: This does not necessarily represent all the permits for this property. Page 180 of 355 Click the following link to check for additional permit data in Saint Lucie County All information is believed to be correct at this time, but is subject to change and is provided without any warranty. 0 Copyright 2021 Saint Lucie County Property Appraiser. All rights reserved. Page 181 of 355 FIGHT -OF -;VAT EASEi, :H'F TAIS INDENTURE made this loth day of Nor lg s9_, between North St, Luce River Drainage District, a public corporation of the State of Florida, Harty of the first part hereinafter referred to as Drainage District, and St. Lucie County, a political subdivision.of the State of Florida, party of the second part hereinafter re-- ferred to as County. WITNESSETH: That the Drainage District is thF owner of the hereinafter described land which is a part of its drainage system and is used as right-of-way for one of its drainage canals; and the County desiring an Easement over, upcn and across said land for the construction and maintenance of a County road, and it being agreeable with Drainage DiatrScC that such road be constructed and maintained subject to the provisiono hereinafter set forth; now therefore, The Drainage District does hereby grant to County an Easement for the purposes aforesaid over, upon and across the following described land situate, lying and being in the County of Saint Lucie, State of Florida, to wit: That part of the west 41 ft. of the Northwest one -quarter of the Southwest one_(plarter of Section 8, Township 35 South, Range 39 East, not now being used for Canal No 54, and That part of th, rest 43 ft. of the Southwest one -quarter of the Southwest one quarter of Sedtion 8, Township 3%9 South, Range 39 last not now being used for Canal No. 54 and That part of the rest 46 ft. of the Northwest one -quarter of the Northwest ax-quarter of Section 17, Twosnhip 35 South, Barge 39 Bast not now being used for Canal Ito. 34. f 355 • & 252 � fio6 • � PROVIDED, however, that: 1. The construction and/or maintenance of said road shall not, in any manner whatsoever interfere vd tb, impede or hamper the canal system of Drainage District, in general, and in particular Canal No. 2. The County will indemnify and save harmless Drainage District of and from any and all damages sustained by Drainage District, its drainage system and/or Drainage Canal No. 54 , arising out of the construction and main- tenance of aforesaid road upon the above described land. 3. If said road occupies any area, on Drainage Dis- trictts canal r1ght4of-neay, necessary for the depositing of spoil, vegetation and/or waste material removed from said Canal No, 54 , in the ordinary operation of cleaning and maintaining same, then and in that event County hereby assumes all responsibility for the removal of such spoil, vegetation and/or waste material from said road right-of- way, as the same is removed from the canal, and without expense to Drainago District. 4. Should the above described land ever be dis- continued or abandoned as a public road, the easement hereby granted shall thereupon -cease, determine and become null and void. IN FITNESS WHliAWF, said North St. Lucie River Drainage Distract has caused these presents to be signed by its *resident of its Board of Supervisors, attested by its Secretary, at Fort Pierce, Florida, the day and year first above written. NORM ST. LUCIE RIM DRAINAGE DISTRICT ATrAST : •� arr . 355 SATE OF FLOAIDA COUNTY OF SAINT LUCIE I HEREBY CERTIFY, That on this Z4!� day of A.. _} eared F A. D. 14 , before me personally appeared and respec ; ely President and Secretary of the Board of Supervisors of North St. Lucie River Drainage District, a corporation under the lams of the State of Florida, to one known to be the-per:,ors described in and who executed the foregoing Easement and severally acknowledged the execution thereof to be their free act and doed as such officers, for the purposes therein mentioned; and.that they affixed thereto the official Baal of said corporation, and the said deed is the act and de^d of said corporation. WITNESS my hand and official at Fort Pierce, in the County of St. Lucie and State of Florida, the day and year last aforesaid, ,r. i ., r�- :]I a•IM„I.i :.`..i •nn� 1. _^' �l�. CLERK FILE NO. �� Z�� FILED IN THE OFFICE Of THE CLERK OF THECIRCUIT COURT OF ST. LUCIE COUNTY, ROMA, ON TH__ DAY 19 AT'CLOCK Q _ AI. ANO RECORDED tN ° BOOK NOe&�PAGES 6ie,I-- a17 AND RECORD VERIFIED. 1M. C. UM CIRCUIT �CQURT, 5T. LUCIE COUNTY, FLA< . QY a- c G . 4 Rags 4 f 355 255 mu306 p Pu//tz P_> /lack/ RIGHT-OF-WAY EAM� ;' IRIS INDENTLRE made this __l&thday of ___29SMW3r- — 19_12, between North St► Lucie River Drainage District, a public corporation of the State of Florida, party of the first part hereinafter referred to as Drainage District, and St. Lucie County, a political subdivision of the State of Florida, party of the.second part hereinafter re- ferred to as County. WITNESSFi iFi : That the -Drainage District is the owner of the hereinafter described land which is a part of its drainage system and is used as right-of-way for one of its drainage canals; and the County desiring an Easement over, upon and across said land for the construction and maintenance of a County road, and it being agreeable with Drainage District that such road be constructed and maintained subject to the provisions hereinafter set forth; now therefore, The Drainage District does hereby grant to County an Easement for the purposes aforesaid over, upon and across the following described land situate, lying and being in the County of Saint Lucie, State of Florida, to wit: That part of the West forty-six (46) feet of the SW} of the NWJ of Section 17, Torawship 35 south, Range 39 East, not now being used for Canal No. 54. of 355 u e o 2 4 *007 PROVIDED, however, that: 1. The construction and/or maint9nance of said road shall not in any maruier whatsoever interfere with, impede or hamper the canal system of Drainage District., _n general, and in particular Canal No.��• 2. The County will indemnify and save harmless Drainage District of and from any and all damages sustaince. by Drainage District, its drainage system and/or Drainsgi Canal No. rSL , arising out of the construction and main- tenance of aforesaid road upon the above described land. 3. If said road occupies any area, on Drainage Dis- trict's canal righteof-way, necessary for the depositing of spoil, vegetation and/or waste material removed from said Canal No. _ 54 _, in the ordinary operation of cleaning and maintaining same, then and in that event County hereb-, assumes all responsibility for the removal of such spoil, vegetation and/or waste material from said road right-of- way, as the same is removed from the canal, and without expense to Drainage District. 4. Should the above described land ever be dis- continued or abandoned as a public road, the easement hereby granted shall thereupon cease, determine and become null and void. IN WITNESS WHEtt'r70F, said North st. Lucie River Drainage District has caused these presents to be signed by its tresident of its Board of Supervisors, attested by its Secretary, at Fort Pierce, Florida, the day and year first above written. NORTH ST. LUCIE: RIVER DRAINAGE DISTRICT 'r eoretary of 355 I 255 ftuo08 STATE OF PLO UDA COUNTY OF SAINT LUCIE I HEREBY CEaTIFI, That on this r•£� _day of _C✓ A. D. 19g�p - , before me personally appcare.d_,•,LZW and C/��/�yyu _Wraspect-if ;Y President and Secretary of the Board of Superrisar9 of Ccu-th St. Lucie River Drainage District, a corporation under +.'. laws of the State of Florida, to me known to be th4e pe-•. rs described in and who executed the foregoing Easement anc severally acknowledged the execution thereof to be their free act and deed as such officers, for. the purposes therein mentioned; and that they affixed thereto the official seal off said corporation, and the said deed is the act and deed of said corporation. WITNESS my hand and official at Fort Pierce, in the County of St. Lucie and State of Florida, the day and year last aforesaid. fILECi 11� THEOFFICE GLERK FILE NOUC GLERK OF THE C[RCUIT COURT OF gLORI A. ON Tlic.// -_. my D. OF j� ANRECORDED 19 ATl� Boa jG6 3D� _ BoaN p,?S , ,15:E, ..'i,:=FiI RCUIT liB GET; CLEKIL Cl [/ f M Rly VA - '.iq -.wryly?- •' ''.•> � t 55!9492 RIGHT OF WZday THIS INDENTURE, made this of March, 1982 between NORTH ST, LUCIE RIVER WATROL DISTRICT, f/k/a NORTH ST. LUCIE RIVER DRAINAGE DISTRICT, party of the first part, and ST. LUCIE COUNTY, STATE OF FLORIDA, party of the second parts W I T N E S S E T H s That said party of the first part for and in considera- tion of the sum of One Dollar ($1.00) and other valuable con- siderations to it in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain and sell to the said party of the second part, its successors and assigns, a right of way and easement over the following described parcels of land, all situate, lying and being in St. Lucie County, Florida, to wit: FOR LEGAL DESCRIPTION, SEE SCHEDULE "A" APPENDED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. This deed is made for the purpose of giving and granting 4 to the party of the second part, its successors, legal repre- sentatives and assigns, a right of wayand easement in and to said lands for public highway purposes, the parties acknowledg- ing that there is presently situate over and upon the lands granted hereby the public road known as Brocksmith Roads and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway the title to the.same shall thereupon revert to and revert in the party of the first part, its successors and assigns. TO HAVE AND TO HOLD the same to the proper use, benefit and behoof of the second party forever. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its behalf and its seal to be affixed all on the day and year first above written. NORTH ST_,LUqAE RIVER WITNESSES: WATER ON ROLIDISTRICT oardRofKSu ifterPresident� 1✓ ;y ''' STATE OF FL0RIDA COUNTY OF ST. LUCIE Th� foregoing instrument was acknowledged before ma`',y1/� •:.•., •';,,�. a,i. this ' day of March, 1982 by John R. King, President o the Boa— rTc 7of Supervisors of the North St, Lucie River Water Control District, f/k/a^N/orth St. Lucie River Drainage /Dist�3ct`ys� Notary Public • `�� State of Florida at Large commission expires:�Q LgFS "K. 1t0iU.9GA4. TRHL KENNEY. P.A. A" Yt AT LAW ,���,,(,��Q ros; ' e. F rax w20 �r�� FI�E��� r4M rtdgt rLOOX $ f0U♦ JJ T&L&P"4044(20M s#FrpxO Page t91 of 355 Legal Description - Right of Way Deed from North St. Lucia River Water Control District to St. Lucie County, State of Florida, dated March g , 1982. 1. The easterly 40 feet of the westerly 53.5 feet of that portion of the N'A of ShN of SEA of Sec. 29-T 35S-R 39E lying north of S.R. No. 70 (Okeechobee Road). - and- 2. The easterly 40 feet of the westerly 53.5 feet of the S� of Nhit of SEA, Sec. 29-T 35S, R 39E. - and- 3. The easterly 40 feet of the westerly 52 feet of the WA of the NW4 of the SE , Sec. 29-T 3SS, R 39E. -and 4. The easterly 40 feet of the westerly S7.5 feet of the SwA of the NVx of Sec. 29-T 3SS, R 39E. -and- S. The easterly 40 feet of the westerly S3.5 feet of the Mi4 of NEA of Sec. 29-T 3SS, R 39E. -and- E. 1/2 of 6. The 6f/ asterly 40 feet of the westerly S4 feet oSec. 20-T 35S, R 39E. - and - ---7, The easterly 40 feet of the westerly 49 feet of the SIA of SV't of Sec. 17-T 3SS, R 39E. -and- 8. The easterly 40 feet.of the westerly 43.5 feet of the NWIA of SEA of Sec. 17-T 35S, R 39E. - -and- 9. The easterly 40 feet of the westerly 43.S feet of the NEh of Sec. 17- T 3SS, R 39E. and- 10. The easterly 40 feet of the westerly 42.S feet of that portion of the SEA of Sec. 8-T 3SS, R 39E lying south of S.R. 68. (Orange Avenue) 1982 W I? AN 8; 33 F I L %AV; C.CV',f 0 61.1 tr N. Y.1 t A- kr% 1"OFIVAS CLERK C*WT; roll V: P rIr'!1 (C, SCHEDULE "A" FEE, FEE. KOBLEGARD, TEEL & KENNEY. P.A. ATTORMIYO AT LAW PC IT OFFICE BOX 1000 FORT P'Ig"C C FLORIDA 33434 IlLgFmOma ($00) 441•5020 aoo1372 nv= Page 192 of 355 - _.'R'A 559493 EASEMENT DEED THIS INDENTURE made this 16 44 day of March, 1982, between ST. LUCIE COUNTY, STATE OF FLORIDA, party of the first part, and NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT, party of the second part; W I T N E S S E T H: That said party of the first part for and in considera- tion of the sum of One Dollar ($1.00) and other valuable con- siderations to it in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain and sell to the said party of the second part, its successors and assigns, a right of way and easement for drainage and irrigation canal and the maintenance of same over and upon the following described parcels of land, all situate, lying and being in St. Lucie County, Florida, to wit: FOR LEGAL DESCRIPTION, SEE SCHEDULE "AR APPENDED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. This deed in and to said lands is for irrigation and drainage canal and canal maintenance purposes. TO HAVE AND TO HOLD the same to the proper use, benefit and behoof of the second party forever. IN WITNESS WHEREOF, the said party of the first part has caused these presents -to be executed in its behalf and its seal to be affixed all on the day and year first above written. ST. LUCIE COUNTY, FLORIDA TNESS S. BOARD OF COUNTY COMMISSIONERS By c Chairman STATE OFLORIDA COUNTY OFSTRLUCIE �Iia,a��,\` The foregoing instrument was acknow dge "fore me this 6 "�6 day of March, 1982 by 'v. 4 as Chairman of the Board of County Commissioners of St, Lucie County, Florida. t f o ry Pu Ilc S tt to of Florida at"VAk"' S� e� t Im" IN commission expir + f.qi22, W93 o��y FEE. FEE, KOBLEGARD, TEEL a KENNEY. P.A. ATTORNCYR AT LAW FORT oIFIC[ Rol[ 1000 FORT MACE. FLORMA AA494 TtL".Gp § (105) 441•5020 80 � ir/ ff lW Page_193 of 355 /~- \ Legal Description - Easement Deed from St. Lucie County to North St. Lucie River Water Control District dated March 1982. ---' I - The westerly 16.5 feet of the following described parcel: The easterly 40 feet of the westerly 53.5 feet of that portion of the N 112 of the SW 1/4 of the SE 1/4 of 5ecdmm 39, Township 35 South, Range 39 East lying north of S. R. No. 70 (Okeechobee Road); 2' The westerly 16.5 feet of the following described parcel: The easterly 40 feet of the westerly 53.5 feet of the S 1/2 of Nu 1/4 of SE 1y4, Section 29, Township 36 South,Range 39 East; | 3' The westerly 18'0 feet of the following described parcel: The of the westerly 52 feet of the NW 1/4 of the NW 1/4 of the SE 1/4, Section 29, Township 35 South, Range 39 East; 4. The westerly 7.5 feet of the following described parcel : The easterly 40 feet of the westerly 57.5 feet of the SW 1/4 of the NE 1/4 of Section 29, Township 35 South, Range 39 East; 5' The westerly 8'5 feet of the following described parcelz . The D feet of the westerly 53'5 feet of the NW 1/4 of the NE 114 of Section 29, Township 35 South, Range 39 East; 6. The westerly 6'0 feet of the following described parcel : The easterly 40 feet of the westerly 54 feet of. the E 1/2 of Section 20, � Township 35 South, Range 39 East; 7. The westerly 11 .0 feet of the following described parcel: The easterly 40 feet of the westerly 49 feet of the 5H 1/4 of SE 1/4 of Section 17, Township 35 South, Range 39 East; 8. The westerly 16.5 feet of the following described parcel: The easterly 40 feet of the westerly 43'5 feet of the NW 1/4 of SE 1/4 of Section 17, Township 35 South, Range 39 East; Q. The westerly 16'5 feet of the following described parcel: The easterly of the westerly 43.5 feet of the ME 1/4 of Section 17,- Township 35 South, Range 39 East; and 10. The westerly 17,5 feet of the following described parcel: / The easterly 40 feet of the westerly 42.5 feet of that portion of the SE 1/4 of Section 8, Township 35 South, Range 39 East lying south of S. R. 08 (Orange Avenue). 559493 WWI? M 8- 35 ScaEooL2 "A* K FEE. FEE. mseuEGAnm.rsEL & uEmwE^ p.A, ^ ^,�~"m`°~�wm �=="E°�1000 ���� x�B�&�� ""R, P'"°""' "`""'== ""^ 8��r� o4� PwE �94of355 Instruinew Record Record Record SITIR Width Instrument Number Type Book Page Jurisdiction 15/37/40 60 0 0 SW Pruitt St 03/37/39 60 Plat PB 15 10 Port St, Lucie 10/37/39 60 Plat PB 15 10 Port St. Lucie SW Pueblo Ter 07/37140 60 0 0 Puerto Sol Pulitzer Rd 08/35/39 43 08/35/39 Resolution 99-99 OR 08/35/39 Resolution 99-99 OR 17/35139 46 Easement 17/35/39 Resolution 99-99 OR 17/35/40 Resolution 99-99 OR 20/35/39 Resolution 99-99 OR 20/35/39 Resolution 99-99 OR Pumpkin Rdg Reserved SW Pumpkin St 19/37140 60 SE Puritan Ln 33/36140 60 34/36/40 60 Purple Martin PI Reserved Putter Pointe 23/36/39 Plat PB SE Pyramid Rd 13137140 60 Plat PB Quail Ct 21/35/40 60 Plat PB Quail Rd St. Lucie Count}, dues not assume responsibilit)-for omissions or errors contuined herein. 0 0 1230 742 St. Lucie County 1238 2064 0 0 1238 2064 1230 742 St. Lucie County 1230 742 St. Lucie County 1238 2064 0 0 0 0 0 0 0 0 0 0 38 38 Private 14 26 Port St. Lucie 18 1 Fort Pierce Page 313 of 414 Page 196 of 355 jgMne tY File tueber�:JL73?T2?BORiB WKt 1�23AStPAGE Lucie c2064 Recorded: 07-26-99 09:10 A.M. REVISED RESOL UTION NO. 99-99 A RESOLUTION NAMING AN UNNAMED RIGHT-OF-WAY EASEMENT AND INGRESS/ EGRESS ACCESS ALONG AND O VER THE EASTERLY CANAL BAND OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO, 54 L YING IN SECTIONS 8,17 AND 20, TOWNSHIP 3S SOUTH, RANGE 39 EAST OF ST. LUCIE COUNTY, FLORIDA AS "PULITZER ROAD': WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.03(a), Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads lying outside the boundaries of any incorporated municipality. 2. Pursuant to Ordinance No. 87-8. Pt. A, St. Lucie County Code Section I-17-.54, there shall be no duplications of street names in St. Lucie County, Florida. 3. Pursuant to St. Lucie County Land Development Code Section 7.0.5.08(C)(2), streets regardless of functional classification, which run parallel to the north - south base line (Orange Avenue) shall be called Avenue, Drive or some other designation beginning with a letter in the first ha f (A through M) of the alphabet. Streets regardless of classification, which run parallel to the east -west base line of (U.S. Highway 1) shall be called Terrace, Place or some other designation beginning with a letter in the second half (N through Z) of the alphabet. Only streets classified as arterials or major collections by St. Lucie County shall be designated Boulevard, Highway or Road. These designations may be used regardless of direction. Page 197 of 355 OR BOOK 1238 ME 2065 4. The following street name has been reviewed, verified and approved by the County Engineer, 911, Property Acquisition Division and Community Development Department. 5. That certain portion of a 41'to 46'right-of-way easement over the Easterly portion of North St. Lucie River Water Control District Canal No. 54 more particularly described in Deed Book 252, Page 665 and Deed Book 255, Page 306 of the Public Records of St. Lucie County, Florida; lying in Sections 8 and 7, Township 355, Range 39 East of St, Lucie County, Florida shall be named as PULITZER ROAD. 6. That certain permitted Ingress/Egress Access according to the North St. Lucie �"e& River Water Control District granted on January 12, 1999 to George E. Guettler, W Permit No. 99-0927-054 and February 10, 1999 to Peter W. Busch, Permit No. 99-0932-054 lying in Sections 17 and 20, Township 35S, Range 39 East of St. Lucie County, Florida shall be named as PULITZER ROAD, 7. The sole purpose of this Resolution is to establish the name of the easements set out in Paragraph 5 above. 8. Nothing in this Resolution as stated in Paragraph 6 above shall be construed as indicating the intent of the 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. 9. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Page 198 of 355 OR BOOK 1238 PACE 2066 a. That certain portion of a 4l'to 46'right-of-way easement over the Easterly portion of North St. Lucie River Water Control District Canal - No. 54 more particularly described in Deed Book 252, Page 665 and Deed Book 255, Page 306 of the Public Records of St. Lucie County, Florida; lying in Sections 8 and 17, Township 35S, Range 39 East of St. Lucie County, Florida shall be named as PULITZER ROAD. b. That certain permitted Ingress/Egress Access according to the North St. Lucie River Water Control District granted on January 12. 1999 to George E. Guettler, Permit No, 99-0927-054 and February 10, 1999 to Peter W. Busch, Permit No. 99-0932-054 lying in Sections 17 and 20, Township 35S, Range 39 East of St. Lucie County, Florida shall be named as PULITZER ROAD. 10. The sole purpose of this Resolution is to name PULITZER ROAD. 11, The Community Development Director is hereby directed to notify the appropriate utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, the Road Department and the Sheriff of St. Lucie County, Florida. 12. This revised resolution is to correct the scrivener error in recording the incorrect draft resolution recorded in Official Records Book 1230, page 742 of the Public Records of St. Lucie County, Florida. Page 199 of 355 BR BWK 1238 PAGE 2067 After motion and second, the vote on this resolution was as follows: Chairwoman Paula A. Lewis Aye Vice -Chairman John Bruhn Absent Commissioner Clifj''Barnes Absent Commission Doug Coward Aye Commissioner Frannie Hutchinson Aye PASSED AND D UL Y ADOPTED THIS 8`' day of June 1999. ATTEST. BOARD OF COUNTY COMMISSIONERS OF ST. L U COUNTY CH7T0�F�CjWAJVD' APPROVED ORRECTA P 1,; G: L9CQ4WPIBELINDAISTREE7W,41PULITZERIrevised resolution.wpd Page 200 of 355 To be named Pulitzer Road .............. Sections Lines Page 201 of 355 RESOL UTION NO. 99-99 A RESOLUTION NAMING AN UNNAMED RIGHT -OF -WA Y EASEMENT AND INGRESS/ EGRESS ACCESS ALONG AND OVER THE EASTERLY CANAL BANK OF THE NORTH ST, LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 54 L YING IN SECTIONS 8,17 AND 20, TOWNSHIP 35 SOUTH, RANGE 39 EAST OFST. LUCIE COUNTY, FLORIDA AS "PULITZER ROAD". If'HEREAS, the Board of County Commissioners of St. Lucie C'ounw. Florida. has made the following determinations: 1. Section 336.05(a), Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads lying outside the boundaries of am• incorporated municipalit.v- 2. Pursuant to Ordinance No. 87-8. Pt. A. St. Lucie Counts• Code Section 1-17- 54, there shall he no duplications ofstreet nantes in St. Lucie County, Florida. 3 Pursuant to .St. Lucie County Land Development Code Section 7.05.08(C)(2), m r streets regardless offunctional classification, which ruts parallel to the north- " n o south base line t0range Avenue) shall he called Avenue, Urine or .some other Qt destgnattun beginning t nth a latter in the first half fA through A1) of the alphabet. � L 0 a Streets regardless a%classiftctmon, which run parallel to the east -west hase line � t tI S Ilnkln►ay 11 shall he called Terrace. Place or some other designation D hegimung "tilt a letter tit the .second halve (S through 7.) of the alphahet. 01111• streets classifird us arterials or minor collections hi• St. Lucia County shall he dcsignated Boulevard, ffights-all• or Rows. These designations maY he used regardiv.5.1 of eltrectcu►t a 17ne• li,llr ss ing .strc'0 name has 1wen rewesred, verif ed and approved by the Page 202 of 355 County Engineer, 911, Property Acquisition Division and Conimunit), Development Department. 5. That certain portion of a 41'to 46'right-of-wa), easement over the f,'aslerl.v portion of North St. Lucie River Water Control District Canal No. 54 more particularly described in Deed Book 252, Page 665 and Deed Book 255, Page tq 306 of the Public Records of St. Lucie County, Florida: lying in Sections 8 and 0 17, Township 35S, Range 39,F'ast of St. Lucie Count),. Florida shall be named as LO PULITZER ROAD. 0 6. That certain permitted Ingress/Egress Access according to the North St. Lucie re) C,J River Water Control District granted on Januan, 12, 1999 to George E. Guettler, :�.e C) Permit No. 99-0927-054 and February /0, 1999 to Peter IV Busch, Permit No. m cx� M 99-0932-054 lying in Sections 17 and 20, Township 35S. Range 39 I-,'ast of St. Lucie County, Florida shall be named as PVLITZER ROAD. 7. The sole purpose of this Resolution is to establish the name of the easements set oil/ in Paragraph 5 above. 8. Nothing in this Resolution as stated in Paragraph 6 above shall be construed as indicating the intent of the Board to accept maintenance of these Ingress/Egress Access. 9. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: a. That certain portion of a 41'to 46'righi-of-wa), easement over the Easterly portion of North S1, Lucie River Water Control District Canal No. 54 more particularly described in Deed Book 252, Page 665 and Deed Book 255, Page 306 of the Public Records of St. Lucie Coutay, Florida: Page 203 of 355 14 El- EDra- O h7 C� rl n C) M C3 3. lying in Sections 8 and 17, Township 35S, Range 39 East of St. Lucie County, Florida shall be named as PULITZER ROAD. b. That certain permitted Ingress/Egress Access according to the North St. Lucie River Water Control District granted on January 12, 1999 to George E. Guettler, Permit No. 99-0927-054 and FehruarY 10. 1999 to Peter W. Busch, Permit No. 99-0932-054 lying in Sections 17 and 20, Township 35S, Range 39 East of St. Lucie County, Florida shall be named as PULITZER ROAD. The sole purpose of this Resolution is to name PULITZER ROAD, 4. The Community Development Director is hereby directed to notify the appropriate utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, the Road Department and the Sheriff of St. Lucie County, Florida. After motion and second, the vote on this resolution was as follows: Chairwoman Paula A. Lewis Ave Vice -Chairman John Bruhn Absent Commissioner Cliff Barnes - Abseuf Commission Doug Coward Aye Commissioner Frannie Hutchinson Aye Page 204 of 355 Ln O O hl N H PASSED AND DULY ADOPTED THIS 6'`' dnv ojApril 1999. A TTEST. CLE, G: W eq 1 WPIBELINDA LSTREETNA 1Pulitzertresohnion. x pr! BOARD OF COUNTY COMMISSIONERS OF ST. L UCI E COUNTY li/ APPROVED AS TO FORA CORRECTNESSC. ' i." Page 205 of 355 m To be named Pulitzer Road Sections Lines Page 206 of 355 ALLEN LOT SPLIT LS 7202126095 Page 207 of 355 TO: Benjamin Balcer, AICP, Assistant PDS Director FROM: Linda Pendarvis, Planning Manage e0o DATE: August 4, 2021 SUBJECT: Schirard (Shirard) Estates Subdivision Research This memorandum is in response to an inquiry regarding the approval background information for Schirard Estates Subdivision located on the east side of the NSLRWCD Canal 54 right-of-way aka Pulitzer Road, approximately 1 mile south of Orange Avenue. On August 26, 2004, the Acting Growth Management Director through Growth Management Order 04-013, granted approval to Shirard Estates Subdivision Phase I for 3 lots. On October 7, 2004, a Minor Site Plan application was submitted for Shirard Estates Subdivision Phase II consisting of 5 lots and containing an internal roadway. There was a road paving waiver granted for the internal roadway and a waiver from the road improvements to Pulitzer Road. On July 26, 2005, the BOCC granted waivers for both requirements subject to the conditions of approval stated in the table below. Although the agenda request for September 27, 2005, reference a Growth Management Order 05-024 there is no Development Order recorded in public records approving the Shirard Estates Subdivision Phase II Minor Site Plan. ---- _ —___.__-------------------------.__ ACTION DATE DOCUMENT DESCRIPTION Recorded 8/26/2004 ............._..........---------------___.__._.___-- GM 04-013 Approved 3 lot subdivision to be known as 12/16/2009 Schirard Estates S/D Phase 1 Submittal 10/7/2004 Site Plan residential with private roadway Application subdivision "Schirard Estates Subdivision Phase 2" BOCC Meeting 12/21/2004 — ---- _ ---------------------- Request to approve the final plat of Consent Shirard Estates Phase 1 and authorize its final execution. Recorded _._-- ------- 3/15/2005 __....._______.._.__-------...__._. . Plat ..............---- _--__.__-- —__- S BOCC Meeting 6/15/2005 Road Paving ..... - _.............__...................... BOCC continued to 6/28/2005 to allow Waiver more time to review the request. _.._......w............._.._._.....__._.....__..........__..__...__. _ .... .............._..._._.....__........._ BOCC Meeting --------- 6/28/2005 ----- -- . ......... BOCC and Schirard ___..m......._ 7/26/2005 ....._._m__..m.__.._..._ ................ .... Agreement Use and maintenance of Pond - Pulitzer Citrus Inc. Road Planning & Development Services Department 2300 Virginia Avenue I Fort Pierce, IT 34982 ('772) 462-1960 (772) 462-1428 N(772) 462-2331 lOww'v.sthicieco.gov Page 208 of 355 BOCC Meeting 7/26/2005 Road Paving Approved with the following COA: Waiver 1.Yes votes for Pulitzer Road MSBU. 2. In lieu of cash contribution to the paving of Pulitzer Road the County entered into an agreement for drainage ponds. BOCC Meeting 8/24/2004 EIR Waiver Approved exemption for EIR. Consent 9/19/2005 GM05-024 Previous Action per the 9/27/2005 Agenda: Cannot find this development order in archive files, electronic files, or clerk of courts public records. BOCC Meeting 9/27/2005 Request to approve the final plat of Consent Shirard Estates Phase 2 and authorize its final execution. 10/11/2005 Plat Schirard Estates Subdivision Phase 2 There bnocode requirement Orexplanation a5towhy this 80+/ acres owned bySchi/ard Citrus, Inc was allowed tDsubdivide this property into 7 lots that the only access isbyway ofaNSLRVVD Please let me know if you require additional information. Page 209 of 355 Agenda Request Item Number C-12B Date: 09/27/05 Consent [ X ] COUNTY Regular [ ] • I . A Public Hearing [ ] Leg. [ ] Quasi -JD [ ] To: Board of County Commissioners Pr e ted By Submitted By: Growth Management stant ou ministrator SUBJECT: Request of Brant Shirard, Jr., for final plat approval for the project known as Shirard Estates Subdivision, Phase II. The project is located on property on the east side of Pulitzer Road, approximately 1 mile south of Orange Avenue in the AG-5 (Agricultural - 1 du/5 acres) Zoning District. BACKGROUND: Brant Shirard, Jr., has submitted the final plat for the project to be known as Shirard Estates Subdivision, Phase 11 located on the east side of Pulitzer Road, approximately 1 mile south of Orange Avenue. The proposed subdivision contains 5 single-family lots_ FUNDS AVAILABLE: N/A PREVIOUS ACTION: On September 19, 2005, through Growth Management Order 05-024, the Assistant County Administrator granted minor site plan approval for the project to be known as Shirard Estates Subdivision, Phase II. RECOMMENDATION: Approve the final plat of Shirard Estates, Phase 11 S/D and authorize its final execution. COMMISSION ACTION: Ei-CAPPROVED DENIED = OTHER Approved 4-0 Comm. Coward Absent Coordination/ Signatures County Attorney Mgt. & Budget: Originating Dept.: Envifon. Res. Div. Finance: C NCURRENCE: Douglas M. Anderson County Administrator Purchasing: Other Page 210 of 355 Submitted By: SUBJECT: Board of Cou Agenda Request Item Number C-'C' Date: 08124104 Commissioners Public Works Consent Regular Public Hearing Leg. [ ] [X] [ ] Quasi -JD [ ] Presented By Environmental R o ces Manager Request of Brantley Schirard, Jr. through agent Carter and Associates for an exemption from the requirements of Section 11.02.09(A)(5), St. Lucie County rand Development Code, to prepare an Environmental Impact Report for the project to be known as Schirard Estates -- Minor Site PlaNPreliminary Plat. BACKGROUND: The developer of Schirard Estates to be located on 88.41 acres of land on the east side of Pulitzer Road, is requesting that the Board grant relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code. The developer is proposing a 3 lot subdivision totaling 18.87 acres with the remaining 69.54 acres undeveloped. Section 11.02.09(A)(5)(a) requires that all site plans ten acres or greater in size, include as a part of the site plan review process, an Environmental Impact Report (EIR). The purpose of the EIR is to assess the impacts of the proposed development upon the existing natural environmental conditions. The Board of County Commissioners may grant relief from the requirements for the filing of this report upon the demonstration by the developer that the information being foregone by such relief is not needed in order to determine the impacts of the proposed development upon the existing natural environment. The proposed Schirard Estates Minor Site PiarVPreliminary Plat is located on an existing citrus grove. There are no significant environmental features on the subject property. FUNDS AVAILABLE: NIA PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that this request for an exemption from the requirements of Section 11.02.09(A)(5) be approved and that no environmental impact report be required for this project Co RENCE: COIAMI S1S ON AGT APPROVED 17 ' DENIED OTHER Appro�.ed 5-4 ouglas M. Anderson County Administrator ti Coordination! Signatures County Attomey Mgt. Budget: purchasing: Originating Dept.: tither: Other: Finance: e 211 Agenda Request Item Number: Meeting Date: Consent Regular Public Hearing Leg. t ] 58 07126/05 To: Board of County Commissioners Presented By Submitted By: Growth_ Management is t County Administrator SUBJECT: Consider Brantley Schirard's request for a waiver of the paving requirements for an internal roadway in a new subdivision known as Schirard Estates Subdivision Phase 1 located on the east side of Pulitzer Road and 1 miie south of Orange Avenue BACKGROUND: Brantley Schirard has requested a waiver of the requirements for paving a roadway internal to a new subdivision. On December 21, 2004, the Board granted final plat approval for Schirard Estates Subdivision Phase 1. FUNDS AVAILABLE: NIA PREVIOUS ACTION: The Board considered this request at its June 14, 2005 and June 28, 2005 meetings and continued the hearing to July 26, 2005 to allow time for Board members to consider alternate language. RECOMMENDATION: Staff recommends approval of the requested waiver with the following conditions: 1. Should the County establish an MSBU for the future paving of Puffer Road and inclusive of the Schirard deeded extension, all lot owners within the Schirard Estates Plat shalt participate at the then established fair share contribution and shall be considered yes votes for the establishment of the MSBU. These costs would include, but not limited to design, permitting and construction and any other costs associated with this improvement. 2. In lieu of making a cash contribution to the paving of PUIiZer Road, the developer shall enter into an agreement in a form acceptable to the County Attorney to allow the County to use existing ponds for surface water drainage associated with Pulizer Road at such time as Pulizer Road is paved. COMMISSION ACTION: F)971APIPROVED = OTHER Approved 3-0 Motion to approve with additional deed restrictions of the intemal roadway. 0 DENIED Coordination/ Signatures County Attorney r,, Mgt. & Budget: Finance.: Fire Dept: Environ. Resources;Utility: CO URRENCE: Douglas M. An erson County Administrator Purchasing: Public Works: W Environmental: Page 212 of 355 Agenda Request Item Number Date: S-J1 OW14M COUNTY Consent Regular [ ' Public Hearing [ X j Leg. [ ] Quasi -JD [ X j To: Board of County Commissioners Presented By Submitted By: Growth Management Assistant County Admii-a rVator SUBJECT: Consider the Petition of J. Brantley Shirard for a waiver from the requirements of Section 7,05,07 of the St. Luce County Land Development Code for the project to be known as ShWwd Estates Subdivision, Phase 11 for property located on east side of the extension of Pulitzer Road, approximately t mile south of Orange Avenue. BACKGROUND: The petitioner, J. Brantley Shirard, has requested a waiver from the requirements of Section 7.05.07 of the St Lucie County Land Development Code, which requires that any private roads permitted by the St. Lucie County Board of County Commissioners be paved to St. Lucie County public road specifications. On October 7, 2004, the applicant submitted a minor site plan application for Phase II of the Shirard Estates Subdivision, consisting of 5 lots and containing an Internal roadway. The applicant would like to construct a shell and rod* roadway and cul-de-sac In lieu of a paved asphah surface. FUNDS AVAILABLE: NIA PREVIOUS ACTION: On -August 26, 20D4. the Acting Growth Management ,Director, through Growth Management Order 04-013, granted approval to Shirard Estates Subdivision, Phase I for 3 lots. As a part of this subdivision, the developer provided for the extension of Pulitzer Road, which is an unpaved St. Lucie County right-of-way, On December 21, 2004. this Board granted final plat approval to Shirard Estates Subdivision, Phase I. RECOMMENDATION Staff recommends approval of the waiver of Section 7.05.07 of the St. Lucie County Land Development Code only if the applicant places an amount sufficient to pave the road in escrow. %NMISSION ACTION: APPROVED 0 DENIED OTHER Approved 5-0 Motion to continue to June 28, 2005 at 9:00 a.rn. or as soon thereafter that it CoardinatioN Signatures URRENCE: Douglas M. Anderson County Administrator might be heard. iihk, srn Mgt. & Budget: Purchasing; Originating Dept: Environ. Rea. Division: other. Finance: r/�` Page 213 of 355 Inc. for a total amount of $100,000 and authorized the Chain nan to sign the contract as prepared by the County Attorney. D. Bid No. 05-037- Purchase of uniforms and related items- The Board upprovcd awarding Bid No. 05-037 to the lowest responsive bidder, Global Graphic, per bid unit price, and authorized the Chairman to sign the contract as prepared by the Couuty Attorney. F.11 t7 1 fl C!)r,& CA-1. Subgrant Agreement between Exchange Club and St. Lucie County- The Board approved the sub,grant agreement between the Exchange Club Center for the Prevention of Child abuse of the Treasure Coast, Inc., and St. Lucie County and authorized the Chairman to sign all docurnents. CA.2- Permission to apply for a 2005 COPS Secure Our Schools grant from (lie U.S. Department of Justice, Office of Community Oriented Policing Services- The Board approved The St. Lucie.Coulrty Sheriff's Office submission of the application for the COPS Secure Our Schools Grant and authorized the County Administrator to sign the application. REGULAR AGENDA PUBLIC I I13-ARINGS 5A. GROWTH MANAGEMENT (1-1012) Consider the Petition of J. Brantley Shirard for a waiver from the requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the project to be known as Shirard Estates Subdivision, Phase II for property located on east side of the extension of Pulitzer Road, approximately 1 mile south of Orange Avenue- Consider staff recommendation to approve the waiver of Section 7.05.07 of the St. Lucie County Land Development Code only if the applic.inl places an amount sufCcient to pave the road in CSCAM. All rive Board members disclosed speaking with the petitioner prior to the meeting. Cam. Coward stated he would have preferred to have more information on this issue prior to the meeting and requested it be delayed until the Board has had time to review the information. He does not see the urgency to react to something that was just presented and stated he would vote against it should it go forward today due to not being able to review the information prior. The Road and Bridge Manager addressed Com. Coward's comments and relate the language on the plat stated that at such time Pulitzer Road would be improved, the homeowners would be required to pay for their fair share of the paving of the road. Com. Coward stated this property was going to be sold as a land swap and not sold to fmiilyas previously indicated. Com. Coward requested the Board be given the time to review the alternatives and discuss them with our legal staff as well as meeting with our staff in advance prior to this issue coming before the Board. Mr. Shirard, pclilioncr.vltttcd he wus willing to coohcrolc anti there scents to I)c ,I workable solution. Page 214 of 355 1 2 S 6 7 8 9 10 11 12 13 1.4 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 33, 32 33 34 35 36 37 38 39 40 41 42 43 44 45 GM-04-013 MNSP-04-006 AN ORDER GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS SHIRARD ESTATES S/D, PHASE I WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for site plan approval submitted by Carter Associates, Inc., reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1 Shirard Estates S/D, Phase 1, is a proposed 3 lot subdivision for property located on the east side of the future extension of Pulitzer Road, approximately 1 mile south of Orange Avenue in the AG-5 (Agricultural — I du/5 acres) Zoning District. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet technical requirements of the Land Development Code and to be consistent with the St. Lucie County Comprehensive Plan, 3. The project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code, 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 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, 7. The project is to be served by adequate public facilities and services. 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code, NOW, THEREFORE, BE IT ORDERED: File No.: MNSP-04-006 August 26, 2004 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3421948 12/1612009 at 10,08 AM OR BOOK 3154 PAGE 947 - 950 Dec Type, ORD RECORDING: $35 50 M Order 04-013 Page 1 Page 215 of 355 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 F. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 26th day of August 2004. GROWTH MANAGEMENT DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark terlee, AICP APPROVED AS TO FORM AND CORRECTNESS: Hfim H:IWORMPETITION &BCCT I NIS HED.20041Sh irard EstatesS-D. SP\ShirardEstates S-D-GMO. doe File No.: MNSP-04-006 August 26, 2004 GM Order 04-013 Page 3 Page 216 of 355 Agenda Request Item Number Date: Consent Regular Public Hearing Leg. ] ] sa 06114/05 ] [X] Quasi -JD [ X ] To: Board of County Commissioners Presented By Submitted By. Growth Mana ement Assistant County Administrator SUBJECT: Consider the Petition of J. Brantley Shirard for a waiver from the requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the project to be known as Shirard Estates Subdivision, Phase 11 for property located on east side of the extension of Pulitzer Road, approximately 1 mile south of Orange Avenue. BACKGROUND: The petitioner, J. Brantley Shirard, has requested a waiver from the requirements of Section 7.05.07 of the St. Lucie County Land Development Code, which requires that any private roads permitted by the St. Lucie County Board of County Commissioners be paved to St. Lucie County public road specifications. On October 7, 2004, the applicant submitted a minor site plan application for Phase II of the Shirard Estates Subdivision, consisting of 5 lots and containing an internal roadway. The applicant would like to construct a shell and rock roadway and cul-de-sac in lieu of a paved asphalt surface. =UNDS AVAILABLE: N/A PREVIOUS ACTION: On : August 26, 2004, the Acting Growth Management .Director, through Growth Management Order 04-013, granted approval to Shirard Estates Subdivision, Phase I for 3 lots. As a part of this subdivision, the developer provided for the extension of Pulitzer Road, which is an unpaved St. Lucie County right-of-way. On December 21, 2004, this Board granted final plat approval to Shirard Estates Subdivision, Phase I. RECOMMENDATION: COMMISSION ACTION- APPROVED OTHER Staff recommends approval of the request for a waiver of Section 7.05.07 of the St. Lucie County Land Development Code. DENIED CONCURRENCE: Douglas M. Anderson County Administrator Coordinationf Signatures County Attorney ()JMgt. & Budget: Purchasing: Originating Dept.: VEnviron. Res. Division: M%Aa: Other: Finance: Page 218 of 355 June B, 2005 Page 2 Subject: J. Brantley Shirard Waiver of Section 7.05.07 The applicant has provided a letter (attached) delineating the reasons for the request and why it should be granted. In summary, the developer has stated that the use of this internal roadway is for the private use of the owners within the subdivision and since the use of the land within the subdivision is to remain agricultural in nature, a shell and rock road is the appropriate roadway surface for the proposed project and uses. Paving requirements and provisions shall be waived by the Board of County Commissioners, following a public hearing, if the Board determines: 1. That the road paving is not essential to provide adequate access to the proposed development and through the surrounding area, or 2. That the road will be paved as part of the County's five-year road program or an approved municipal service taxing or benefit unit, or 3. That the access road does not have adequate right-of-way in which to construct the necessary paving improvements in accordance with County standards_ If paving requirements are waived, the Board may attach conditions deemed necessary to minimize the impacts of the road on the surrounding area including, but not limited to, payment by the developer of the development's fair share of paving costs for the unpaved public or private road providing access to the development prior to issuance of final record plat approval pursuant to the procedures set out in Section 11.03.00. Staff has reviewed the request for a waiver and believes that all situations involving waivers should be looked at on a case -by -case basis. In reviewing the proposed waiver staff considered the fact that the project is located to the west of the urbanized area of St. Lucie County and at the end of an unpaved County right-of-way with the nearest paved County roadway (Orange Avenue) approximately 1 mile to the north. Staff is, therefore, recommending that the request for a waiver from the requirements of Section 7.05.07 be approved. Please let this office know if you have any questions. SUBMITTED: Faye Outlaw Assistant County Administrator hf cc: J. Brantley Shirard File Page 219 of 355 Page 2 3) Plan to create minimal use access/contact to Schirard Drive (1200 ft). Only 3 Parcels within the entire project need this road for legal access. 4) Purpose/plan/desire to maintain all parcels with limited residential construction to continuing agricultural use environment (citrus -equine) Therefore, we respectfully request your granting us this waiver of requirements to pave the isolated short access road (Schirard Drive). All other plan issues have been addressed and will be followed up to as to county specifications. Phase i of this project has already been approved, and we respectfully ask your direction to staff to immediately execute this project sign -off. Our family plans to follow-up this explanation by personal call or visit. If there is any issue needing further explanations to your affirmative action to this request, please lets address it. We will be seeking various staff positions on this request, but frankly, would not understand the opposition to this common sense request. Sincerely, 4 �fi.' antley Schirard Cc: Faye Outlaw — (Acting) Director Growth Management David Kelly — Planning Manager Hank Flores — Planner Ill Daniel S. McIntyre — County Attorney Carter Associates Brant Schirard Bryan D. Schirard Page 220 of 355 impacted by road paving. b. That road paving is not essential to provide adequate access to the particular development and through the surrounding area, and C. That the preservation of scenic or historic values outweighs the Impacts of permitting a particular use to develop without paved access. If paving requirements are waived, the Board may attach any conditions deemed necessary to minimize impacts on the road and surrounding area. 4. General Requirements Paving requirements are established to ensure that adequate road improvements are provided to adequately serve the development. County road design and construction, standards shall apply to all paving Improvements. Mixture of residential and non-residential traffic shall be avoided where possible. Persons applying for plat approval of developments utilizing access roads shall, as part of their application, include the appropriate provision for paving, as specified below. The County Engineer shall determine the estimated average daily traffic of the development in accordance with accepted standards and good traffic engineering practice. a. Small Traffic Attractors/Generators Developments determined to be small traffic attractors/generators, defined as developments generating less than one hundred (100) average daily trips, shall provide for road paving as follows: (1) Access road frontage: For the paving of a road(s) accessing the development, the applicant shall submit funds in the amount of the development's fair share of paving costs as determined by the Board of County Commissioners prior to the issuance of final plat approval. The fair share contribution shall be determined and. prorated according to front footage or by such other lawful and equitable method as the Board may prescribe. Said funds shall be held by the County for a period not to exceed ten (10) years to be used for the paving of the road(s) accessing the development. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the funds were submitted to the County shall, upon application of the feepayer, be returned to him with interest to be determined based upon the average rate of return to the County for the time period the funds were held. The road segment to be funded and later paved shall include all of the development's frontage on the road. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. Such agreement shall Include provisions necessary to accomplish and facilitate future road paving. aL ux. card tma eay.op� Oxb Ai "W ALVWA 1.1990 7 - 67 PwAm d Thr*UO OSMS" Page 221 of 355 The unpaved public or private road accessing the development shall be paved from the development's access point(s) to a paved public road. The design of the connection shall be in accordance with County design standards. Said paving shall be completed, and improvements inspected and approved by the County, prior to the Issuance of final plat approval. At the option of the Board of County Commissioners, the developer may furnish the County security in the amount of 115% of the estimated cost of providing the paving improvement at the time of final plat approval. The County Engineer shall approve the amount of security to be furnished. (2) Developer Agreements/MSBU Options: In considering the effect of large traffic attracting/generating developments on a road(s) or on an area, the Board of County Commissioners may enter into a development agreement with the developer pursuant to Section 11.08.00 to ensure the refund of monies expended by the developer on the paving of the unpaved access road pursuant to 4.b(4), above the developer's fair share contribution as monies are made available by other development that uses the unpaved road as access to a paved public road. The Board may also create a municipal service taxing or benefit unit or assessment for road paving purposes in developed or developing areas, and may impose such an assessment. (3) Remaining access road frontage: For the paving of portions of a development's access. road frontage not covered In the above paving requirement 4(b)(1), the developer shall submit funds in the amount of the development's fair share of paving costs prior to the issuance of final plat approval. Said funds shall be held by the County for a period not to exceed ten (10) years to be used for the paving of the road accessing the development. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the funds were submitted to the County shall, upon application of the feepayer, be returned to him with interest to be determined based upon the average rate of return to the County for the time period the funds were held. The road segment to be funded and later paved shall include all of the development's frontage on the road. Any required submission of escrow funds shall include an escrow agreement acceptable to the County Attorney. Such agreement shall include provisions necessary to accomplish and facilitate future road paving. (4) Paving option: In lieu of submitting funds for paving specified under 4(b)(3) above, the developer may propose to pave or arrange for paving the development's remaining access road frontage, notwithstanding requirements for roads designated on the Thoroughfare Plan, if such paving connects to a paved public road. If such a paving option is utilized, no final plat approval shall be Issued for all or any portion of the development until said paving is completed, and improvements are inspected and approved by the County. SL La C.W 11, d V Cads _ T ' G9 RWft" TWu0 05MfiM4 A*p Page 222 of 355 1 t ' OARD OF COUNTY COMMISSIONERS June 2, 2005 OSHA' TLUCRE, COUNTY F L O R I D A G RO WT H MANAGEMENT In accordance with the St, Lucie County Land Development Code, you are hereby advised that J. Brantley Shirard, has petitioned St. Lucie County for a waiver from Section 7,05.07 of the St. Lucie County Land Development Code, which requires that all new road and street construction, public or private, shall be paved according to standard county specifications, for the project to be known as Shirard Estates Subdivision, Phase it. Location: East side of Pulitzer Road, approximately 1 mile south of Orange Avenue. Avenue. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The public hearing on the petition will be held at 9.30 A.M., or as soon thereafter as possible, on June 14, 2005, County Commissioners' Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Plante, Florida. All interested persons will be given an opportunity to be heard at that time, Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain, Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at 7721462-1777 or T, D. D. 772/462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call 7721462-1682 if you have any questions, and refer to File Number BCC-05-001 — J. Brantley Shimrd. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS Frannie Hutchinson, Chairma JOSEPH E. 5MIFH, Disrricr No. 1 • DOUG COWARD, Disrricr No. 2 • PAULA A. LEWIS, Disrricr No. 3 • FRANNIE HUTCHtNSON. Mina No. 4 • CHRIS CRAFT. Di5rricu No, 5 County Adminisrroror - Douglos M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administrarion: (772) 462-1590 • Planning: (772) 462-2822 GiS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 • Fox: (772) 462-1581 Tourist Development: (772) 462-1529 • Fax: (772) 462-2132 www.co.sr-lucie.fl.us Page 223 of 355 r oning J. Brantley Shirard AG-5 MJSP 04-020 Legend �orN Siiowlf atanggeinrnt 77epurlmcn[ ® Subject property Map prepared June 1, 2005 Page 224 of 355 y` y SCHIRARD Ea TA TES �A-u-- 1 ofAPOM TorI w " s0um e i COVENANTS, RESTRICTION_' OMNERSHIP OR USE OF THE HLED IN OfMAL RECORD PUBLIC RECORDS OF NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEP1CnON OF THE SLIBDIVDEO LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY IN ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. CERTIFICATE OF APPROVAL OF THE COUNTY ENGINEER STATE OF. FLORIDA COUNTY OF; ST. LUCIE IT 1S HEREBY CERTIFIED THAT THIS PLAT MEETS THE MINIMUM SUBDIVISION PLATTING REQUIREMENTS AS SET FORTH 1N SECTION _'t- 63 OF THESCHTRARD ESTATES ST LUCIE SUBDII ARD PHASE 1 COUNTY LAND DEVELOPMENT CODE. _ NIc.FIA[1- AoKtty_ PRINT NAME- COUNTY ENG EEf ER� - ST. LUCIE COUNTY, FLORIDA LEGAL DESCRIPTION: THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPTING THEREFROM ALL RIGHTS -OF -WAY OF RECORD FOR PUBLIC ROADS AND DRAINAGE CANALS; AND SUBJECT TO AND TOGETHER WITH ALL APPLICABLE EASEMENTS AND RESERVATIONS OF RECORD. ABOVE PARCEL CONTAINING 18.87 ACRES, MORE OR LESS. CERTIFICATE OF TITLE AS AN AGENT FOR DOfNC BUSINESS fN THE STATE OF FLORIDA, AND BASED UPON_! -CERTIFICATE OF A7LF PREPARED BY __ _ _ - DOES HEREBY CERTIFY THAT, AS OF THIS __ DAY OF "� 2200 -- E LANDS AS DESCRIBED AND SHOWN ON THIS PLAT ARE IN THE NAME OF THE ENTITY EXECUTING THE DEDICATION. THAT ALL -.TAXES HAW BEEN PAID ON SAID PROPERTY AS REOUIRED BY SECTION 197.192, FLEA STATUTES, AS AMENDED; AND THAT THERE ARE NO MORTCACES, NENNCUMBRANCES AGAINST THE LAND, FIRM: CERTIFICATE OF GROWTH MANAGEMENT APPROVAL: STATE OF: FLORIDA COUNTY OF.ST. LUCIE fT IS HEREBY CERTIFIED THAT THIS PLAT MEETS 7HE MINIMUM LOT DIMENSION REQUIREMENTS OF THE _46_4y�___ ZONING DISTRICT, AS SET FORTH IN SECTION 7.04.0y0, Of- -'THE } ST. /LUCIE COUNTY LAND DEVELOPMENT CODE. PRINT NAME: GROWTH MANAGEMENT DIRECTOR, ST LUCIE COUNTY, FLORIDA CERTIFICATE OF APPROVAL BY COUNTY ATTORNEY STATE OF. FLORIDA COUNTY OF ST LUCIE THIS PLAT S 0 S TO FORM. PRINT NAME: _ D&OW 9. COUNTY ATTORNEY COUNTY SURVEYOR APPROVAL STATE OF: FLORIDA COUNTY OF: ST. LUCIE IT IS HEREBY CERTIFIED THAT THE UNOERSIGNED SURVEYOR AND MAPPER DULY LICENSED IN THE STATE OF FLORIDA HAS REVIEWED THIS PLAT FOR CONFORMITY WITH TCHEE QUIR£MENTS OF CHAPTER 177, FLORIDA STATUTES. RONALD HARRIS COUNT COUNTY SURVEYOR P.S.M. REGISTRATION ND.'�±��95 DATE:C,ic-0`{ ST. LUCIE COUNTY, FLORIDA SL1VEYOR'S EAL BOARD OF COUNTY COMMISSIONERS: STATE OF: FLORIDA COUNTY OF..- ST. LUCIE IT 1S HEREBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALLY APPROVED FOR .. RECORD BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLdRIOA, THIS _ AY OF -.-;ZY2005._ CHAIRMAN, BOARO OE -COUNTY COMMISSIONERS ' "A99V-Y_:.a l GENERAL NOTES: I. BEARINGS ARE BASED UPON THE WE SOUTH, RANGE 39 EAST, BEARING S.OL COORDINATES OF THE STATE OF FLORIL "CREEKS" PfD-AA7670: OBSERVED VAL LONG:08028'51.32919", ELLIPSOID HT: 2. THE PERMANENT REFERENCE MONUN RESET ON MAY 74, 2004. 3. ® P.R.M. = PERMANENT REFS MONUMENT WITH 2" DIA. ALUMINUM DI_' 205"- UNLESS OTHERWISE NOTED. 4. ELEVATIONS SHOWN HEREON ARE I GEODETkC VERTICAL DATUM OF 1929 5. BENCHMARK REFERENCE IS A ST_ BENCHMARK SET IN THE NORTHWEST AT THE NORTHWEST CORNER OF THE AND BROCKSMITH ROAD, ELEVATION = NOVO 1929), AS PROVIDED BY ST_ LU PLAT B.M.= TOP OF "P.R.M. 4" X 4" PLAT OF SCHIRARD ESTATES SUBDIM 1929. T.B.M. = NAIL IN EAST SIDE OF WOC OF LOT 3 OF THE SUBJECT PLAT. EL NOTICE. - NO CONSTRUCTION, TREES OR SHRUBS WITHOUT COUNTY APPROVAL, CERTIFICATE OF SURVEYOR STATE OF: FLORIDA COUNTY OF., ST LUCIE I HEREBY CER77FY THAT THE PLAT CORRECT REPRESENTATION OF A SURW DIRECTION AND SUPERVISION; THAT SA OF MY KNOWLEDGE AND BELIEF; THAT MONUMENTS) HAVE BEEN PLACED AS F THIS PLAT COMPLIES WITH ALL THE REi STATUTES AND ST. LUCIE COUNTY SUB. FRANK S. CUCCURESE, P.S. CARTER ASSOC., INC., L.B. 1708 21st STREET VERO E Page 226 of `355 a y` y SCHIMAnV NO rA rES �/ A M�NIrOM OF A PgR1 TO as swm Rmw I COVENANTS, RESTRICTION OWIJERSH(P OR USE OF THE FILED IN OFACIAL RECORD PUBLIC RECORDS Of NOTICE: THIS PLAY. AS RECORDED IN ITS GRAPHIC FORM, IS THE OMCIAL DEPICTION OF THE SUBDI14DED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY IN ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT CERTIFICATE OF APPROVAL OF THE COUNTY ENGINEER STATE OF.- FLORIDA COUNTY OF: ST. LUCIE IT IS HEREBY CERTIFIED THAT THIS PLAT MEFTS THE MINIMUM SUBDIVTSION SCHIRARD ESTATES PLATTING REQUIREMENTS AS SET FORTH IN SECTION _'1.03 OF THE ST. LUCIE SUBDIV9SION, PHASE 1 COUNTY LAND DEVELOPMENT CODE. _ M1C-FlAtt PoWt1LY PRINT NAME: �IIt tsl- --_-� COUNTY ENGfN£ER ST. LUCIE COUNTY, FLORIDA LEGAL DESCRIPTION, THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17 TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA: LESS AND EXCEPTING THEREFROM ALL RIGHTS -OF -WAY OF RECORD FOR PUBLIC ROADS AND DRAINAGE CANALS; AND SUBJECT TO AND TOGETHER WITH ALL APPLICABLE EASEMENTS AND RESERVATIONS OF RECORD. ABOVE PARCEL CONTAINING 18.87 ACRES, MORE OR LESS. CERTIFICATE OF TIRE AS AN AGENT FOR DOING BUSINESS W THE STATE OF FLORIDA. AND BASED UPOY-A CERTIFICATE OF TITLE PREPARED BY _DOES HEREBY CERTIFY THAT, AS OF THIS _— DAY OF _ 200,E LANDS AS DESCRIBED AND SHOWN ON THIS PLAT ARE IN THE NAME ��O�F -�_ THE ENTITY EXECUTING THE DEDICATION; THAT ALL I$A ES� HAVE BEEN PAID ON SAID PROPERTY AS REQUIRED 9Y SECTION 197.192, FL-ORIDA STATUTES, AS AMENDED; AND THAT THERE ARE NO MORTGAGES. LIEN- ENCUMBRANCES AGAINST THE LAND. FIRM: CERTIFICATE OF GROWTH MANAGEMENT APPROVAL: STATE OF FLORIDA COUNTY OF: ST LUCIE IT IS HEREBY CERTIFIED THAT THIS PLAT MEETS THE MINIMUM LOT DIMENSION REQUIREMENTS OF THE _�� _� ZONING DISTRICT, AS SET FORTH IN SECTION 7.04-00, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE. PRINT NAME_Ajl1Aa,D_.V GROWTH MANAGEMENT DIRECTOR, ST. LUCIE COUNTY. FLORIDA CERTIFICATE OF APPROVAL BY COUNTY ATTORNEY STATE OF.FLORIDA COUNTY OF' ST. LUCIE THIS PLAT 5 0 S TO FORM. PRINT NAME+ _ COUNTY ATTORNEY COUNTY SURVEYOR APPROVAL STATE OF: FLORIDA COUNTY OF.- ST, LUCIE IT IS HEREBY CERTIFIED THAT THE UNDERSIGNED SURVEYOR AND MAPPER DULY LICENSED IN THE STATE OF FLORIDA HAS REVIEWED THIS PLAT FOR CONFORMITY WITH THE QUIREMENTS OF CHAPTER 177, FLORIDA STATUTES, RONALD HARRIS COUNT COUNTY SURVEYOR P.S.M. REGISTRATION NQ'i �98 DATF'$- --)I ST. LUCIE COUNTY, FLORIDA SU VEYOR'S EAL BOARD OF COUNTY COMMISSIONERS: STATE OF.FLORIDA COUNTY OF: ST.. LUCIE IT IS HEREBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALLY APPROVED FOR -. RECORD BY THE BOARD OF COUNTY COMMISSIONERS OF ST LUCIE COUNTY, FL&IDA, THIS -6#nUAY OF ,JPQ, 2005. S F C AIRMAN, B OUNTY COMMISSIONERS GENERAL NOTES: 1. BEARINGS ARE BASED UPON THE WL SOUTH, RANGE 39 EAST, BEARING S.O( COORDINATES OF THE STATE OF FLORII 'CREEKS' PID-AA7670: OBSERVED VAL LONG: 08025'5T,32919", ELLIPSOID HT 2. THE PERMANENT REFERENCE MONVA RESET ON MAY 74, 2004. 3. IN P.R.M. = PERMANENT REFI MONUMENT WITH 2' DIA. ALUMINUM DI: 205". UNLESS OTHERWISE NOTED. 4. ELEVATIONS SHOWN HEREON ARE GEODETIC VERTICAL DATUM OF 1929 5. BENCHMARK REFERENCE 15 A ST. BENCHMARK SET IN THE NORTHWEST AT THE NORTHWEST CORNER OF THE AND BROCKSMITH ROAD, ELEVATION - N(;VD 1929). AS PROVIDED BY ST- LL PLAT B.M.- TOP OF "P.R.M. 4" X 4' PLAT OF SCHIRARD ESTATES SUBDIV 1929. T.B.M. = NAIL IN EAST SIDE OF WO{ OF LOT 3 OF THE SUBJECT PLAT. E NOTICE. - NO CONSTRUCTION, TREFS OR SHRUBS WITHOUT COUNTY APPROVAL. CERTIFICATE OF SURVEYOR STATE OF,- FLORIDA COUNTY OF: ST. LUCIE I HEREBY CERTIFY THAT THE PLAT CORRECT REPRESENTATION OF A SURV DIRECTION AND SUPERVISION. THAT Sf OF MY KNOWLEDGE AND BELIEF; THAT MONUMENTS) HAVE BEEN PLACED AS . THIS PLAT COMPLIES WITH ALL THE RE STATUTES AND ST LUCIE COUNTY SUf FRANK S. CUCCURESE, P„ CARTER ASSOC.. 1NC„ L.B. 1708 21st STREET, VERO , Page 227,o# 355 j2 o a,." o �4 zN aaOWp 2 W ¢ p4mq It K� QUwQ OU Q'0050upi cn� $��.0�2 pxpwa� Uz o ozQ�- w�wN�w ate¢ azozjo � aQqw Wo omq z O k 4 pqq0 ��>7,, zoos �owo�Q_ mQx�'L'w p Q 61� O W4mgwS trill x4^V,-WOU C z�Q'�4m m—zz n o zw� wo w�pQQ caw a o� o z-z coo o f w OWWwZW �n �C ¢ �``t/1cnWV�n zo za�z¢ wzF z wq� U ? W V oU W2w xw ow Z SS Lu L�Wp Z¢ V1 -'N U7Q pO�n 3�O ¢ d Q p0�0$TIn L ,wwano� w o^�Jy F� c9pp�ofn��z6 wwa' Q zwO?U.. m�¢UXQ� WiX �WQ n V]Y d �(tLO OW� Pwz4w 10Ou oaoow ?gym cma ¢ ¢vv 0Y�Y LL��� a r waQV) F=�m Y4i >-Lmu¢¢o�JO O ZUWLOQ�?�7¢�U�k w��oapzxk�w�4 UWm �z<oz 2Urx�gg4jK~¢� =2q W k U w w p w Vi r K F O w 4 o p �W[J 14C,2¢NWO , L21� 2 Qz �¢mawof w >-m 9n vWi2�21�UwCWU 2 2jN �vUir�^QoaWp k aQw xvwa �<U �OZQq�zmzQ Ow 2 aaQ tLllu poazowvz o I o Why z�"� C>O, i�z c� Wow wa�oo��a =+4 xzw-zoaw ¢� zzz$�oQpm wfi Q—wa�in�[n4 ¢vey04 gX�rWrKWWw O yo?- N ¢ O Qggti Q5-¢-- N �qZp y{��¢ q�K¢ ¢Q O[7 W >-UU wp2WN W a\ U O 2 m NLj V1 Qx \ W 12 �=c a ao zz_v,zp yx C QZW oQQS WZ�Oo IQ U U94¢����OC-¢i m- IU¢ ELM: o god zoVF� F's I ! ! I� a ��,i 3� \viz w i \33 m� yLu"I o �zvi � 7 I < z z In0 low 6 h wz pco ow v wr wiz paw INO �4uw2i 3 N 0 v0 rN^I�W W z w v� Q) p .. I 447.}9' N O441.20' W 1323.58 447.20' 44}.- ---- _ __� r_ _______�--_______ 3 50.00' I 30.00' -I I LL LL \\ W ro I � V o 1a f I of I I zSlj pa. szf KO � 1 wiz i #zm ti 13 Ie 31 F I F- v I Nl p w 3 l a I� w ! W N I z¢ Cn 'x2 ZL� w o¢ w NI I wa 0cc I� I inzeFa Now I¢�rwn how O Nlo Ala I I �Wti K SIN eCS I I �OiE � � � U4oO O �I� p� w447.04' ! V! wl 1441.03' I� 441.04' DEDICATED S 00'32'36" E 7323 10' PULER ROAD RIGHT OF WAY a " - - CO w� 4 J /WEST LINE OF SECTION 175 0032'36" E u FAST R.O.W. LINE OF CANAL 54 2646�02' p��! 7 L+Y A`^�/ l,� ,I�q� lVl{.JI'I PP"i ST L4l�riG l7PCER WEST R.O.W. LINE OF CANAL 54 ooc l4�33 $a aQ Zia z n C) z 0 u 4 mQj 0 r in a O 4 WA E04.. Q4 Z p Z W W\ ti44FO 2mUz Vw�� n\ Z y wti❑ wz¢w uo> xoz ¢ w} �� �¢u Q2 ri o max to U LnU S¢20 ¢mWJ aI qw �4 �=��jW a7i W `' a'n 7¢ ¢NL, wM w w w *� U )Q >2To �S �a �0.Zk: Cc co ri �Vr~c�z ¢xwn4 X i IL w �z� waw •W� V-a+0 � CO IRa IQ O�� IIa 10 aO w w �V ¢zu `N= Nam¢ ayU z=4z ¢U i0 �Sy 4 w �~ VL bU ON C4±c ❑o todICo40 rM `woo Now 2aw iLp oN y UwU4 W L6 LL02 wLn I�:F a0U4 OD v p�� QQ zLn w ow Y+�g U�w t= o alp O W m a t 14 t Q L Z w a o� Z m �JRa vxzz o za �o�rya " n� W N N Do �rZ L.,w0 � q z a W g p z Z Z Cn v W r pzw UW qN U or-'Ra' �� r mow 4 M U IC, U wa O 7U0 7 - Wm i7738W7.) w? o o¢ w z Q °, o~ = a a n = r ro `: QVOt! H111N5}I�O�rB o wD v~ w¢ m o� CO a s ZL.�¢ ww 'r wz� o L!)O z Ln W Vi I, 3oaa �O mrn J�w�l� 'vs Oa W QbOX ` N3Z1i7(�d w V O r O a of L w o r x m g �, th UL, Lc0i0 L-� O z a Tw N am wpV r� VNNIN m o¢owa Ln ✓� u zjo Op v_�o�wm �w o0 0, m U ? 2 �T? Uz wo IZ� 0��❑w WQp 4 qCj ��O �Q dYw q0. 'N II 04 W r- p0. p0 W Ln w „�14�^Nj wn S O m? LOU Cy Gi a Off „ z ?- � I- N ~ Y u�` `i = a U 4 40 f7 n w- ¢wav o" ¢¢ Q V) ZW � r n _ IIN Lnzwa°N°ZY � �w tiT z z�a: o �z zz QU xaZpm mo ' Ln CO O wa 4L= UAW m Troy q2 Z m0o�z to �oo w0 mz�M> a[wi. O° moLb O UUVO N� ryi�LV 'd- uima a z Um Ln �q N � q z �wz o z p LU W L/, 2 Q O time zu w aw ui Uo 4W4 �� �o� m 4 wu Li L)W Ln q_ 4"L Z- ?v~i qrZ-tiO\O 4U qN �w m ¢ Ln v, a o tiz_ � Ln❑ :D v z zm =�� 0¢ W W r 4U(k �w �OQ ZF-L- a~ !r ENO z F..� Ln Ln Ln l] L' U L.1 O _zu Wal �w33z w� ¢ xLnu n�2 Gw❑ L ti l ZO00\O a' 31W.� Lo wV wpU tiZ r-NNLn r= I O wa U, z m, w W w w L4 L� aO w ¢V, 'w Ls =4 tiQ tr LY RZQ Q 000 ti O x 6 y 4 I r- uwa nz I I v v v 0 v U�O Ln Q NOO I ¢ I tiS= o >xx i Ln\m\ ��-LU-, zCL,. f(' I Fx- q Ln to Fr- 11 I I O 4 1 �Ltz ��Q i�?w s0 Imo w Iz II pw¢ w Q�O �31 Ln ll xOLx� ao2 LGi 2 Q l0 'j 14 m O E'C ❑Oz ❑ W Ij wOOOvO�' 'w20 u ¢ w l l l Iw¢ Ln U N'' \\Io ¢ x \ ti ✓r W DI ¢ wo tiaw a o r-zzz.-Nz ,..,¢¢ z � I- I I<IaP ¢ Itnl a �2a LY Ln� 3j 1 L L,W�-w0 2t6a Z tom•, Im go o w �� I a LnQO o w WH4 IL15 O OxxtiVY20 `,w C U u W 0� I ti v U¢ V1 �- 0 U> ,-00 4 q� mkw�.( I 2 \G04� Ow zRa ¢p¢ v0 wgL.I IY j dU0 u a 0.0w I."Y�z LL aH I I 1- b>2IZZ7 4 to\\\�\Uw2 ti p�Ln xti� I¢0 ❑�q I Q >O C] x 0 0 O 7 ¢ xU¢ U w ^mo w wZ WUU U w we W nzw L''�U w 4 I�r ti G v'Lz¢ �W v, 'TLnNcn2LnN Qz� ¢ C4❑❑ I��w qw0 �¢¢ vOiti C) ONxx x OFq O�tit ilz 2 2 ti Cl- IY aO ¢0 L L,�a70.r 0w O'i 'WiI ❑ a40 6� IZO 4rq-O Z Ia0 OIL O L�7 w�-❑ O I UL- w x000\Orn wz¢ m 14 UN U LnU I4 U U vl 2 0 Ln L) en U Q U 1 4 U Ln t_ 2 V, Ln Ln }W W WLU U U w 2~ F O IV O W U CS I-- LO CD ~v ff�gz zz ¢ F- 113 3Wg`i W wO�OpU� Oa wo w w >�p o wzaozW¢o wino ��zLi L.tL U �pLu o�ao a w40"2m a F.ti a CLUU S W z?Zcn�tt W 2� W W gmti cc US N m �p Wl"WUwz LnR RO J w Q k, 3 ¢ Qp is aww2cc a z LO WWU)R' O O W a tt ro jOOCq ap�0 a` 'vu'0.�mWc ou65z oc wa-L >Qa` 4 ¢Qxx~mzZ NOpW L W m IL ¢ Viw~OWa a OUO W 61 WLnZp O�US O 2cc 4 ¢ ¢ Z Ov)OLo �U Ovi ¢Uy:Ze CC NQ<-' V) u����dQw co �coio cwizUp?a uwi� F-F-w QFti¢Wp ~O" TOOK z°z z4N0- LwUitia z±V) p w V) OWE �m4 V41xQ QZ NmUC ZO ~rw�mYti� Www m¢na�Q Q2ti a zUWVQ �w?Vi �¢ti U ¢ W w F w a 4 Z T S w U ti ti a O m 4 wUm U w a m w ti Q W �UwQgpiaj�cv�aOzd ,¢x4¢Q��¢�zpw wUo ICJ Uszu,zxmpJo�Izou zao �xa¢ow¢o� �zti WOa� �p F=oU�mgz¢ z T¢ Q �pNj� Ur�w 2 p0 LL �m ^6 w��z riOU Wq z Upu zRx4 wp2p OUY OOr42 �Z O w az� 4N�V? OQw j02FKOti z�<Q 2 c]w ¢oz vizaw��2 Jwzc� ¢ w� �Tx �¢ W¢x�` OQoA¢wu,-sego lau=i zW oLn¢ ~p¢I��ar-.�02 W� aw ¢W �zZzp�00m Iz'' Opz ¢v~¢iin�owaJXowNO O> ap~ Lo LuW 7-Q�zw�F-Wri�l Q ti a N N !�-2 O V)a 0 Q JF w¢~ m b~ ti F, hZ Olr -J or F: a a r= -{^ 4¢¢w CY �- CwJ(a QC avy¢ �aa w [] ��II- 4�Z O�W>- I�UU�pQL 4 � � p to V) Ln o: LO 1U CLUJ u. xNz UW��OWJoq�� O iww i- Q wwQ k-� E=-aLn gzz X(nz pxx eYQ � ti�a �¢?w oaax wzoo ¢ IUQ opN UUC) Nm m cUnoa-mmm O � Q � W � r �OZ, v y., W O-i 3B J ,Mr OH your ab W l7 q0m dQ Wtz �zZ W QQ'o H } L �M yct Z o r C1 o� t I t y - 4 0 4 0 Z Z L6 Q- c W Uj 4 4 u L ti ti O O S 00.26'431 E 1324-15 . c �- 0 Z F c ti �f lye o Paz^� ar c� a rn OO G � 4 } 4 Z -------------� I II j I I I � � a / I paw c� t- I now � Z p r S U A II � z I z O I I W I N � Ida \ d1 m ^O N I N1 I— CO Iz W N 0079'40 yi _ 447.19_ �. n r -- - - -- -- I I I I P- - II�, in i cj', IP c� -J t/i z a Cm ¢ G- Lry S 7- O ca a p pG L; ri i ¢0441, 04' IL O WEST LIME OF SECTION u a p �p Ln z c� q, e m d :o � O� W QU U N 4 4 oz 0 z 00 dU F 4 Q ~ w oaz a Lo maw O\� �? 2 LQ Li z IZ NI --------------- --------------- I I I I 2 , I ~ 4 I O I Y C71 al I Q I I I I I I I I I I I 1 1441, 03' I I 441, 04_ _ - S 00'32'36" C 73.3,10 R.O. W.r� LINE OF CANAL 54 175 00'32'36" C 2646.02 - —� - - —� WEST R.O.W. N.S.L. W. C. 0. _ CALCULATED _ WEST 714 CORNER LINF OF CANAL 54 `6 I now �\ •' z I w 4� 03 oZw ' 0 a ¢¢ 1 x S LM }WWw F- Y. -z_ `y w w W W � I a� a� O J ti�x I �] W N U o_ �p om Q�2 gZW IN dd n z" S 0076'A3" E 662.08' Z w N 00'26'43" W 662 06' z _ �i elm f.q_.__ - 9B'60l , ------ I 06 .______-____�___________ '�'• Z W LL� Y ��--' �' 1 p 7 z � OO'09 y Q a I V w a O W o q w z' co �$AA zw -� oa¢ ^ Mow a. ? aw I 4I I ai nW c oz t= ��Zw c W i zo wwww s z O �oW � cc r � cl Q 7t c. ^ w o o $! z � W I I I z a 0 ? �,qd,-Z 5 I - rn c01 co rn F_ ¢ q :n W I N ' i S 00'29'40" E 581.79' N S 00"29'4p E 611.79' 2 N 00'29�40" W 581.79' N 441.1's - - ----- - - -- --- - I ---`�` ' ------------ ti Q -i D. 0' I h Z 2 \f- � o a t \�� 7 i� Q �\ pa w P oaw §zW o�w wv,o e v� I• 0 N 0c. Zzin aN 1 0aa a o w vV d aow L0 0: I� tv N F- O O w <.v oo z 00 I ram o n z I <n o `.' m Nrn I �- ° PRDPDSED 60' R.O.W. o. "' ij ins ¢ „4 DED1CA710N L 41 1 2' ' E . 55l . S. oo• �55 "'pow �-- .4104' N 00'32'36" W 511.55' cn� - DE7 ATED PULffZER AD a RGHT OF WA c. [� 00'32'36" E 561.53' 1- 09 ram^ S p0'32'36" E 58L52' rT + J S .o a�-�r,��ry �' WEST UNE OF SECTION' 17 �r DG -- - WA7ERcMr�CA NAL-os� -_------------ 1 \ W C1U p — ` a -WCPT7 i ST LUCIE Ri-VEF i, J p J m ,L� o u a �`iir. CUULL , ST. LUCIE COUNTY Planning & Development Services Department Submission email: v%vljlw' planningapplication@sllucieco.org Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 —Fax: 772-462-1581 c� C�- http://www.stiucieco.org/planning/planning.htm p DEVELOPMENT APPLICATION (� A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Tvoe rcheck each that anDlies Site Plan _Rezoning 3 ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan Other ❑ Minor Adjustment to PUD/PNRD/PMUD ❑ Administrative Relief Planned Development ❑ Class A Mobile Home 5 ❑ Planned Town or Village (PTV) ❑ Developer Agreement (Submit per LDC ❑ Punned Country Subdivision (PCS) 11.08.03) ❑ Planned Retail Workplace (PRW) ❑ Power Generation Plants ❑ Prelim. Planned Unit Develop. (PUD) ❑ Extension to Development Order ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Historical Designation/Changes ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Land Development Code Text Amendment 7 ❑ Final Planned Unit Develop. (PUD) ❑ Plat ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Post Development Order Change ❑ Final Planned Non -Res. Develop. (PNRD) ❑ Re -Submittal # a Conditional Use' ❑ Shoreline Variance ❑ Conditional Use ❑ Stewardships -- Sending/Receiving ❑ Major Adjustment to a Conditional Use ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Minor Adjustment to a Conditional Use ❑ Transfer of Development Rights Variance 2 Waiver to LDC/Comp. Plan Requirements s ❑ Administrative Variance . Appeal of Decision by Administrative Official10 ❑ Variance ❑ Eminent Domain Waiver" ❑ Variance to Coastal Setback Line ADolication Supplement Packages 1. Conditional Use 6, Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 Page 234 of 355 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. Applicant Information (Property Developer): Agent Information: Business Name: BusinessNanne� N Name: Address'. (Please use onaddress that can accept overnight (Please use anaddress that can accept overnight packages) packages) | Phone: Fax: Fax: | Email: (}[)[ / oft-) | Email: | Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant oragent toact nnbehalf ofsaid property owner. Property Owner Signature Owner Name (Printed) Mailing Address: [.^/ Phone. |fmore than one owner, please submit additional pages STATE OF COUNTY OF f4- Lyr,:L�je The foregoing instrument was acknowledged before me this -7,1 day of 5eQk 20 Zf by who is personally known to me or who has produced I (, as identification. �ignature of Notary V Commission Number (Seal) Page 5ofS Revised March 15.201G Type or Prinl Name of Nota�y_ HE T Page 235 of 355 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: ❑ Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ❑ Aerial Photograph — property outlined (available from Property Appraiser's office ❑ Property Deed ❑ Legal description, in MS Word format, of subject property ❑ Property Tax Map -- property outlined (electronic copy not required) ❑ Survey (24x36) ❑ 2 USB's of all documents submitted (in lieu of email submission to planningapplication@stlucieco.org - El with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36" at a scale of V=50' (5 copies- folded, not rolled) ❑ Boundary Survey (24x36) — Signed and Sealed (5 originals) ❑ Topographic Survey (24x36) — Signed and Sealed (5 originals) ❑ Landscape Plan — Signed and Sealed (5 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential, (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if -.(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 USBs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 2 of 5 Revised December 14, 2020 Page 236 of 355 Prooect Information Project Name Site addFeSSi Parcel ID Number(s): LeQn| Description: (Attach additional sheets ifnemaaeary—a|so must be provided in VISVVonj format on USB) 5C` Property location Sec hio/RanQe: | | Prooertvsize—eores: Square footage: Future Land Use Designation: oc - Zoning District: ) t) Description ofproject: (Attach additional sheets ifnecessary) Type ofconstruction (check all applicable boxes): [] Commercial Total Square e: Existing LJ Industrial Total Square Footage: Existing Residential No. of residential units: Existing No. of subdivided lots: Existing Other Please specify: Number and size of out parcels (if applicable): Page 3of6 Revised December 14.2O2D Proposed: Proposed: Proposed: Proposed: Page 237 of 355 Required Document Naming List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on USB Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df Boundary 1 Topographic Survey PDF BoundaryTopo.pdf Drainage 1 Stormwater Plan PDF Draina ePln.pdf Easements PDF Easements.pdf Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existing Cond.pdf Flood Plain PDF or Word Flood. pdf or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit (External) PDF Permit.pdf Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. pdf Site Plan PDF SitePlan.pdf Traffic Impact Report PDF or Word TIR. df or TiR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utility Plan PDF Utiliit . df Vegetation Removal Application PDF Ve etation. df Page 5 of 5 Revised December 14, 2020 Page 238 of 355 FILF,# 3385032 OR BOOK 3123 PAGE 1925, Recorded 09/02/2009 at 04:15 PM Doc Tax: $0.70 EASEMENT AGREEMENT This agreement is made this 121h day of August, 2009 by and between BMA,LLC, a Florida limited liability company (" gMA") and MARIA INFANTE ("Infante'). WHEREAS, BMA is the owner of that property which is more particularly described as: (A) Lots 2, 3, 5, 6, 7, and 8. Block 2, of the Plat of McNurlen Fanns, according to the Plat thereof, as recorded in Plat Book 4, Page 56, in the Public Records of St. Lucie County, Florida, and (B) the South '/z of the SW % of the SW'/, of Section 17, Township 35 South, Range 39 East, less and except the West 44 feet thereof, all lying and being in St. Lucie County, Florida which is located in St. Lucie County, Florida (collectively "BMA Property") which property is adjacent to or within close proximity to the following described property: Lots 1 and 4, Block 2, of the Plat of McNurlen Farms, according to the Plat thereof, as recorded in Plat Book 4, Page 56, in the Public Records of St. Lucie County, Florida (collectively "infante Property"); and WHEREAS, the parties are desirous of creating the easements that are more particularly described in and arise under this instrument which easements burden, benefit or otherwise affect the BMA Property and the Infante Property in the manner set forth herein. NOW, THEREFORE, for and in consideration of the sum of $10.00 the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Ingress/Egress and Drainage and Utilities Easement Benefiting BMA. Infante hereby grants BMA a non exclusive, perpetual easement that is appurtenant to the BMA Property for the benefit of BMA, its successors in interest and in title, assigns, licensees, tenants and invitees over the south 50 feet of Lot 4 of the Infante Property which easement area is described and depicted in the sketch of description and legal description which is attached hereto as composite Exhibit A for (a) ingress and egress for pedestrian and vehicular access, ingress and egress which shall include the right to enter upon, travel across and (b) for drainage and irrigation of the BMA Property which shall include the right to install, maintain and replace piping, lines, control structures and any other components that may be necessary or desirable to effectuate drainage and irrigation of the BMA Property as it now exists or may hereafter be improved and used and (c) for any type or nature of utilities that may now or hereafter service the BMA Property and which may be now or hereafter installed, maintained, repaired and replaced. Page 239 of 355 2. Ingress/Eciress and Drainage Easement Benefiting Infante, BMA hereby grants Infante a non exclusive, perpetual easement that is appurtenant to the Infante Property for the benefit of Infante, its successors in interest and in title, assigns, licensees, tenants and invitees over all portions of the easement areas that are located on the BMA Property that are described and depicted in the sketch of description and legal description which is attached hereto as composite Exhibit A for (a) ingress and egress for pedestrian and vehicular access, ingress and egress which shall include the right to enter upon, travel across and (b) for drainage of the Infante Property which shall include the right to install, maintain and replace piping, fines, control structures and any other components that may be necessary or desirable to effectuate drainage of the Infante Property as it now exists or may hereafter be improved and used. 3. TemporaryTempkrary Well UselWater Drawing Rights. The parties acknowledge that there is an approximately six inch flow well that is located within the easement areas depicted on Exhibit A hereto which flow well is approximately located in the southeast corner of lot 3, block 2, Plat of McNurlen Farms, according to the plat thereof as recorded in Plat Book 4, Page 66, of the public records of St. Lucie County, Florida. BMA hereby grants a temporary license to Infante to draw water from said well for the sole and exclusive purpose of watering livestock that is being grazed upon the Infante Property. This license is a temporary license and shall automatically terminate on the date that is the sooner of the date that BMA closes upon the sale of Lot 3 to a third party or one (1) year from the date hereof. BMA makes no representation or warranty concerning the quality of the water that is now or hereafter produced by said well nor the ability of said well to continue to produce water at anytime in the future. The foregoing license shall be a non exclusive license that is subject to the draw rights and on going well and water usage by BMA during the term that said license exists. 4. Maintenance of Easement Areas. BMA shall have the ongoing obligation, at BMA's expense to mow and otherwise maintain the easement areas depicted on Exhibit A and the drainage swales and ditches located within or on the easement areas that are depicted on Exhibit A, which shall specifically include the easement area which is located on the south 50 feet of Lot 4 of the Infante Property. Such mowing and maintenance shall be performed at such times and in such manner as is necessary for such drainage swales and ditches to continue to effectively function in the manner that they are now functioning. 5. Noninterference. BMA shall not anytime erect any landscaping, barricade, fence or other structure or physical barrier in the south 50 feet of Lot 4 of the Infante Property. BMA shall not at any time, modify the easement areas depicted on Exhibit A hereto in a manner that materially affects in an adverse manner, the ability of Infante to have ingress and egress to the infante Property or to drain the Infante Property into those portions of the Exhibit A easement areas that are now located in the south 50 feet of Lot 4 and the south 20 feet of Lot 2 and Lot 3. Page 240 of 355 6. Culvert Replacement. The parties acknowledge that physical ingress and egress to all or significant portion of the BMA Property and the Infante Properly is from Brocksmith Road and requires the crossing of Canal No. 53 which is immediately adjacent to Brocksmith Road and that the ability to cross the canal is dependent upon the existence of a culvert across said canal. The parties agree that in the event replacement of the culvert becomes necessary due to physical deterioration or in order to comply with the requirements of any regulatory agency or governmental body Laving jurisdiction over the canal and/or the culvert, the cost of such culvert replacement shall be borne on a pro rats basis by the owners of Lots 9 through 8 of Block 2, McNurlen Farms and that the owner of each lot shall contribute one eighth (1/8th) of all such expense upon demand by any owner of any of Lots 1 through 8 that undertakes the replacement of said culvert. Said funds shall be contributed prior to the commencement of the culvert replacement to an escrow account held by a Florida licensed title insurance company or attorney in good standing with the Florida Bar and any noncontributing land owner shall be liable for such lot owner's appropriate contribution for the cost of such culvert replacement which contribution may be collected by legal process through the courts of St. Lucie County, Florida and the prevailing party in any such suit shall have the right to recover all costs and attorney fees incurred in connection with such suit. SIGNATURE PAGES ATTACHED Page 241 of 355 Signed, sealed and delivered In the presence of: BMA, LLC, a Florida limited liability company BY:-' William A. Solomon, Manager STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this ��day of August, 2009 by g 9 I William A. Solomon, as Manager of BMA, LLC, a Florida limited liability company, on behalf of said company, whnis personally known to me or has produced as identi Eca io . Notary Public`- State of -Florida Page 242 of 355 Signed, sealed and delivered In the presence of: Maria Infante STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this la day of August, 2409 by M ria Infante who is personally known to me or has produced #�a' ►_Gib r l�s j tC_, as identification. 26z-"z Notary Pu lic -- to of Flor :6.- Stacy swing Consa va Commission # DD547030 «r. Expiras May 28.2010 9aaeaatmiFrR. ew'Xu ins dW3ESi0i9 Page 243 of 355 LEGAL DESCRIPTION FOR INGRESS/EGRESS AND DRAINAGE EASEMENT LEGAL DESCRIPTIaN., A PORTION OF LOTS 1, 2, 3, 4, 5, 6, 7, AND 8 OF 8L OCK 2, PLAT OF MCNURLEN FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 56 IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 50 FEET OF LOT 4, THE SOUTH 50 FEET OF LOT .3, THE EAST 20 FEET OF LOTS 2, 3, 6, AND 7, AND THE EAST 90 FEET OF THE SOUTH 75 FEET OF LOT 3, AND THE NORTH 20 FEET OF THE EAST 90 FEET OF L 0 T 6, ALL LYING AND BEING IN SAID BLOCK 2 THEREOF TOGETHER WITH A PORTION OF THE NORTHWEST 114 OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 39 EAST BEING DESCRIBEO AS FOLLOWS: THE EAST 20 FEET OF THE WEST 658.96 FEET OF THE NORTH 25 FEET OF SAID NORTHWEST 114 OF SECTION 20. CONTAINING: 155470.28 SQUARE FEET. NOTES: 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. SURVEYORS CERTIFIC,A10N..- I HEREBY CERTIFY THAT THE 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS. THE M/N/MUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 61 G 17— 6, FLORIDA STATUTES, AND THAT IT /S TRUE AND CORRECT TO THE` BEST OF MY ff1V0WLEDGE AND BELIEF. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FL ORIDA LICENSED SURVEYOR AND MAPPER. .A��4 ROSERT BL DOMSTE JR. PROFESSIONAL LAND SURVEYOR NO. 41.34 STATE OF FLORIDA NOT' VALID wwour SWEET 2 OF 2 BLOOMSTER PROFESSIONAL LAND SURVEYORS INC. ,o nWA uL ! Oou 791 NORTHEAST DDOE HIGHWAY JENSEN BEACH, FLORIDA 34967 PHONE 772-334-0868 In SJUTCH TO ACCOMPANY f NULPa9SMMION MORW Sr. MAMAOEMNT LSISCI&OWWAAM 54 NW CORNER SECROM 2(IJ9--j5 PULIMR ROAD WROAD RIW (PER RA F) I LOT 7 LOT 6 BLOCK 2 BLOCK 2 LOT 3 BLOCK 2 Lor 2 BLOCK 2 ti:'� r'-A ADD17701VAL LANDS N ro BE BENEnrMlo 50' 4N"i �Ql '31 20, )7 l I '60, LOT 8 LOT 5 LOT 4 BLOCK 2 BLOCK 2 BLOCK 2 LOT i BLOCK 2 1 1 I I RIGHT OF WAY CANAL /5 J(RIWPERPLAT) BR"W17H ROAD ($0 - R/W PER PLA r) I T ' r 0 CA SHEET 2 OF 2 S# )2 NOT VALID W HOU(ro-'WeF T I r SKETCH OF DESCRIPTION BLOOMSTER FOR PROFESSIONAL LAND INGRESSIEGRESS AND SURVEYORS INC. 701 NmTwr&cy Kivir imijunv FILE-# 3887090 OR BOOK 3569 PAGE 859, Recorded 10/11/2013 at 12:39 PM AMENDMENT TO EASEMENT AGREEMENT TO CORRECT SCRIVNER'S ERROR This Amendment is made this Sth day of October, 2013 by and between BMA,LLC, a Florida limited liability company ("BMA") and MARIA INFANTE ("Infante"). WHEREAS, the parties are desirous of correcting an erroneous call contained in that Easement Agreement which the parties entered into and which is recorded at O.R. Book 3123, Page 1925 Public Records of St. Lucie County, Florida ("EASEMENT AGREEMENT") NOW, THEREFORE, for and in consideration of the sum of $10.00 the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section 5 of the EASEMENT AGREEMENT is hereby amended and corrected to read in its entirety as follows, it being acknowledged that the erroneous call contained in the recorded EASEMENT AGREEMENT is stricken and the correct call is underlined herein: " 5. Noninterference. BMA shall not anytime erect any landscaping, barricade, fence or other structure or physical barrier in the south 50 feet of Lot 4 of the infante Property. BMA shall not at any time, modify the easement areas depicted on Exhibit A hereto in a manner that materially affects in an adverse manner, the ability of Infante to have ingress and egress to the Infante Property or to drain the Infante Property into those portions of the Exhibit A easement areas that are now located in the south 50 feet of Lot 4 and the sGuth east 20 feet of Lot 2 and Lot 3." SIGNATURE PAGES ATTACHED Page 246 of 355 Signed, sealed and delivered In the presence of: BMA, LLG, a Florida limited liability company BY: WZ.,"- C William A. Solomon, Manager STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this �ay of October, 2013 by William A. Solomon, as Manager of BMA, LLG, a Florida limited liability company, on behalf of said company, who is personally known to me or has produced as identification. Notbfy Pi. Iic -- State of Florida fi;; ,EOYALIPPARD g:- August 4,e1a4ara�s Page 247 of 355 Oct 08 13 11:49a PAPA'S MEAT MARKET FT.PIE 7724681889 p.3 Signed, seated and delivered In the presence of: rA14'-T�- x,y~o r i►�, h r^Q. merry r 0- STATE OF FLORIDA COUNTY OF ST. LUCIE A Maria Infante The foregoing instrurnent was acknowledged before me this —"L day of October, 2013 by Maria Infante, who is personally known to me or has produced as identification. t Notary Public— 8tate of Florida All�lll�pr I�X Ufty tilde - tnr 0 ma 3 Page 248 of 355 W: [EXTERNAL] Fwd: 2080 Pulitzer Road - Allen Lot Split Deter... https://maii.aol.comlwebmaii-std/en-us/PrintMessage ` From: ffee@feeyateslaw.com, To. judl6@aol,com, Cc: patrick.helms@aecom.com, Subject: FW: [EXTERNAL] Fwd: 2080 Pulitzer Road - Allen Lot Split Determination Bate: Fri, Sep 10, 2021 1:46 pm Attachments: Alien Lot Split PDS Order Recorded.pdf (483K), 210908_Allen Lot Split Exhibit.pdf (1578K), Jud I have reviewed the above attachments and the below message sent me by Patrick Helms. I agree that it would be simple for you to grant a 60 foot extension South of the Schirard ROW given the county. However, as Patrick observes, this does not cure the fact that Pulitzer Road (so called only for mail delivery) does not amount to legal access to Orange Ave. to the extent it is on NSLRWC District ROW. I suspect this is what Linda Pendarvis has, or will, continue to hang her hat on. Frank Fee FE-E, Y 1T1 - do i-EE AI II, rtVi�1'� ,1-r 1.AW Frank H. Fee. II11 Managing Partner Contact 1lie: ifee u.feeyates3a".com feevateslaw-com Fort Pierce Oft -ice: 426 Avenue A I Dart Pierce. FL 34950 772-461-5020 1 772-468-8461 Fax Okeechobee Office: 400 NW ),,d Street I f )keecliobee.. IA- 4972 863-763-31 31 1 863-763-1031 Fax Page a492ff, BM AM 1 of 4 V: [EXTERNAL] Fwd: 2080 Pulitzer Road - Allen Lot Split Deter — https:Htnail.aol.cotn/webmail-std/en-us/PrintMessage IA MEM marthidale-HuhhelI' The law firm of Fee, Yates & Fee PLLC is a multi -disciplined law practice. A large component of our practice is devoted to secured and unsecured lender representation in regards to defaulted credits. Should the subject matter of this communication concern a debt owed to another; then be advised that this communication is from a debt collector and is an attempt to collect a debt and any information obtained will be used for that purpose. A portion of the firms practice is devoted to negotiating troubled real estate loans and prosecuting and defending foreclosures. We are knowledgeable in both debtor and creditor bankruptcy law. The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you received this communication in error and then delete it. Thank you. From: Helms, Patrick <Patrick. Helms@aecom. corn> Sent: Wednesday, September 8, 2021 6:06 PM To: Frank Fee <ffee@feeyateslaw.com> Subject: FW: [EXTERNAL] Fwd: 2080 Pulitzer Road - Allen Lot Split Determination Speedy, I spoke with Jud shortly after you spoke to him and got him to send the attached denial letter from the County. It appears to me that all he needs to do is deed over some land along the west of his property to the County so that he meets the minimum road frontage of 60 feet, but it's odd that the County does not request that within the denial letter. And, Pulitzer Rd. is not located within that County ROW going to the north ... it is located within NSLRWCD ROW? Also, the County does not own any ROW for Pulitzer Rd. at the intersection with Orange Ave. and Pulitzer Rd. is wholly located within NSLRWCD ROW. Another strange one so give me a call if you have any thought on how we might be able to help the Allen's out. 2 of 4 P192C�RTf �M AM W: [EXTERNAL] Fwd: 2080 Pulitzer Road - Allen Lot Split Deter... Thanks, httpsalmail.aol.com/webmaii-st&en-us/PrintMessage Patrick D. Helms, P.E. Project Manager C 561.718.0899 patrick.helms@aecom.com From: jud16Caol.-cont <jud160a a01.com> Sent: Wednesday, September 08, 2021 4:00 PM To: Helms, Patrick <Patrick.Helms@aecom.com> Subject: [EXTERNAL] Fwd: 2080 Pulitzer Road - Alien Lot Split Determination I believe the person holding this up is Linda Pendarvis. Thank you for your time and help ,lud and Cheryl Allen 772-812-9072 -----Original Message ----- From: Linda Pendarvis <pendarvisl@stlucieco.org> To: jud16@aol.com <jud16@aol.com>; cheryl.allen@stlucieschools.org <Cheryl.ailen@stlucieschools.org> Cc: Benjamin Balcer <BalcerB@stlucieco.org> Sent: Wed, Aug 25, 2021 8:31 am Subject: 2080 Pulitzer Road - Allen Lot Split Determination Good morning, Mr. & Mrs. Allen Attach is the determination of your Lot Split Application based on the St, Lucie County Land Development Code. The determination is a denial based on the criteria outlined on page 2 of the attached PDS Order 2021-041. Please feel free to contact us if you have additional questions. Linda Pendarvis I Planning Manager I Planning & Development Services Ph: 772-462-1562 12300 Virginia Ave. Fort Pierce 34982 pendaryisi@. tlucieco.org facebook coin/stluciegov I twitter.comistluciegov I instagram com/stlticiegov I youtube.comistludegov 3 of 4 Pa&22MBI aB2 An W: [EXTERNAL] Fwd: 2080 Pulitzer Road - Allen Lot Split Deter... https://mail.aol.com/wcbmaii-std/en-us/PrintMessage 2016.-..2019 LL t_ � 1 J J LST L� ti L to tk work ST, LUCIE cotmiry The County is open for business, though, the building remains closed to the general public to keep our citizens and employees safe. The Planning and Development Services Department is operating on the first floor, and the hours of operation are Monday- Friday from 8:00 am to 4:30 pm. All staff is available by email or phone. If you need to contact this office, the direct extension is 772-462-2822. Please be safe during these unprecedented times while we do our best to help the community remain safe as we continue to operate at the new normal. Please Note: Florida has very broad public records laws. Nbst written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 4 of 4 PaOMMWAs32 All v& 2080 lot split From:jud1G@an.00m. To: town send c@mdudoon,org. Subject: Fwd: 208Dlot split Date: Thu, Jul 22, 2021 6:23 pm Attachments: ---Ohgino|Message --- Fmrm:]ud18@ao|-nVm To: Bauo�co�org�B��ed]��mUu�eoo.oqJ` ---�� ��� �� dc�� imoo����oend���u�ocoo��� ��hanniUonu�>m�u�euo�org�homihonc�� u �org�� �en uoe � � . Olson L@a8ucieco.o0<O\emnL@et|uoieco.orQ>;bentonk@sdude�o.mrg<benhonk��ot(ucieco.org>; C)rubbmb��st|uoiecnorgx��rubbab��et|uoiecn.org>;pondomio|��st|uoieco.org<pendamiu\@uUucimco.orQ»; cheryiaUen@sUucienohoo|o.org <oheryieHmn@eUuciemuhoo|o.mrg> Sent Fri. May 21.3O21 10:40em Subject: Re: 2080 lot split Good Morning Team, Thank you for responding back Kxc Ba|oer, but | have afew questions and observations. So the easement | sent you from the from Brocksmith covers every property except ours? and the properties to our direct north are allowed all the way toours? If I am understanding correctly than: the properties directly north, south, and east of our property can and have been split, but ours cannot. Our property is the only lot on the entire road that does not meet the requirements? Seems a bit absurd and ) hae| like this should be re -looked at. AQain, we are trying our best to do things the right way and | was told just yesterday that approvals have happened with the same guidelines that vvo have. Please look into this and make this right. We are trying to protect our family and this is the best way that we know how. If you have any questions or need me to do anything please feel free h)reach out tnme. | hope everyone has agreat weekend. Thank you for your help. JudADen 772-812-9072 --- Original Message --- From: Benjamin Bo]oor<BabmdB@eUuoiecoorg> To: jud16<jud18@aoiomm> Co: Colleen Hami|bon<Hmmi|tonC@at|ucieco.org>; Linda Pendorvia<pendamis|@a8uci0000rg> Sent Fh, May 21, 2021 9:48 am Subject: RE: 2080 lot split KAc /U|8n. Thank you for sending Dle acopy nfa portion Cfyour survey. We were able t0research the easement YOU had highlighted and it indicates that Your parcel isnot 0 party tothe agreement. \ have attached itfor your review. The [ntS included were Lots 1-8, Block 2. of the Plat 0fW1cNUr|8D Farms. Your parcel is located OVdh of these platted |O1B. if you VVOU|d like to pursue @ formal |O\ Sp|h app|ication, please understand that it is the Planning Department's determination that your lot does not meet the n3Gd frontage requirements for obtaining lot split approval. If You have additional information that was not included prgV\0U8|y' please \e1 me know So that we may review further, For Your convenience, \ have attached the |0t split application. Please let me know if you have any questions. Thank you, Pane 253 of355 0120/20 >.8:2OAK8 vd: 2080 lot split https://mail.aol.comlwebtnail-std/en-us/PriiitMessage Benjamin Balcer, AICP I Assistant Director I Planning & Development Services Ph: 772-462-1589 11 Cell: 772-979-1908 12300 Virginia Ave. Fort Pierce 34982 facebook.comistluciegov � Mitter.comistluciegov l instagram.comistluciegov I youtuhe.comistluciegov Since 2016 LU LL►BIST 'ZloJ }� to work. ST. LUCIE COUNTY From: jud16 <jud16@aol.com> Sent: Thursday, May 20, 2021 11:37 AM To: Benjamin Balcer <BalcerB@stlucieco.org> Subject: 2080 lot split SECURITY WARNING: This email originated from outside the County systems. Please show caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Pays A �:A AM E: 2080 Pulitzer Road - Allen Lot Split Determination https://iiiail.aot.coin/webi-nail-std/eii-Lis/PriiitMessage From: BalcerB@stlucieco.org, To: jud16@aol.com, cheryl.allen@stlucieschools.org, Cc: pendarvisl@StILICieCO.Org, TownsendC@stlucieco.org, HaniiltonC@stlucieco.org, Subject: RE: 2080 Pulitzer Road - Allen Lot Split Determination Date: Thu, Sep 16, 2021 11:31 am Attachments: Easement Agreement.pdf (255K), 2021 Maindevelopmentapplication.pdf (492K), Supplement 10 Appeal of Admin Official,pdf (20K), FeeScheduleupdatedJune2018,pdf (285K), Mr. and Mrs. Allen, Please sce the attached easement agrecirient for ingress/egress frorn Brocksmith. Also, I've attached the Main Developineilt Application, Stipplernerit, # 10 (Appeal of an Administrative Official), and tile Fee Schedule fol reference oil the appeal ol , the lot split determination. e,,<istilig e,,isellient agreement will be necessary to submit with your building Plans wile" YOU 'Are l()olcl119 to construct your home off of Pulitzer Rd, 'rlliS (JOCIIIIICIltr VCri FICS legal access. I hope this iril'orination is helpful. Thank VoLl. Benjamin Balcer, AlCP I Assistant Director I Planning & Development Services Ph: 772-462-1589 11 Cell: 772-979-1908 12300 Virginia Ave, Fort Pierce 34982 n !s I I I lcjcfrov i M i I I c I" I Iuc legov I I Is I Igraln.col I Vst I [I c I .',ov , 'N ottwN C on I rq I tic ic"()N Since 2016 F, R to wol�, St LUCIE COUN7'Y Please Note: Florida has very broad public records laws. Nbst written communications to or from County officials regarding County business are public records available to the public and media upon request It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. if you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. PaMO)5?52)f,,S5S_ AN . 4rrs �l L lr JE sm, UIC ST. LUCIE W(A L Board of County August 24, 2021 Commissioners Justin M. Allen Chi -is Dzadovsky Cheryl L. Allen WSTRICT 1 105 NW Swann Mill Circle (;hair Port St. Lucie, FL 34986 Sean Mitchell Re: Allen Lot Split -File No. LS 7202126095 DIS'FRIC'f 2 2080 Pulitzer Road Vice -Chair Dear Mr, & Mrs, Allen, Linda Bartz Enclosed please find a recorded copy of the Planning & Development I)ISI'RICT 3 Services (PDS) Order 2021-041 denying the referenced Lot Split request for property located at 2080 Pulitzer Road. The recorded PDS Order includes an Frannie Hutchinson analysis memorandum dated July 28, 2021, outlining the determination 1)jS1'R1C'F 4 based on the St, Lucie County Land Development Code. If you should have any questions, please feel free to contact myself at email Cathy Townsend endarvisl stlucieco.or , phone 772-462-2822 or Ben Balcer, Assistant PDS DislIZICT 5 Director, Ben Balcer at email ba Ice rbj2stl ucieco.org. Administration Howard Tipton COUN'FY ADM1N1ST1W'0R Dan McIntyre COUNI'V A'FT011'NEY Sincerely, A Linda Pendarvis Planning Manager Attached: PDS Order 2021-041 Linda Pendavvis I Planning Manager I Planning & Development SeINices Department 2300 Virginia Avel)LIC I Foll Pierce, Vt., 34982 (772) 462-2822 0 (772) 462-1591 (00 (772) 462-2331 elmW %V . S I I LIC iC M 90V Page 256 of 355 FILE # 4911816 OR BOOK 4669 PAGE 2731, Recorded 08/19/2021 11:05:42 AM PDS ORDER 2021-041 File No.: LS - 9201926599 AN ORDER DENYING A LOT SPLIT FOR THE PROPERTY CONSISTING OF 19.64 ACRES LOCATED ON THE. EAST SIDE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 64 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 Si- Lucie County Development Review Committee, and made the following determinations: 1. The Lot Split application has been denied for the property consisting of 19.64 acres, which holds a zoning designation of AG-5 (Agricultural -5), located on the east side of the North St. Lucie River Water Control Dlstrlct (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 jSUBJECT PROPERTY) THE SOUTH 112 OF THE SOUTHWEST 114 OF THE SOUTHWEST 114 OF SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, 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 HER58Y 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. 3. 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 Page 257 of 355 OW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of t. Lucie County, Florida: 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, Ino. and date slam ped 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 Constructlon 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 ingressiegress 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. This Order shall become effective upon the date indicated below. An appeal from the Planning and Development Services Director's action may be processed within thirty (30; days following the rendition of the decision of this Order in accordance with Sectior 11.11.01(B)(3). D. A copy of this Order shall be attached to the boundary survey described in Part A an( 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 APPROtAttomey S TO FOR AND CTES County Page 2 PaS No. 2021-041 File No.-. LS-7202126096 Page 258 of 355 Planning and Development Services Department Planning Division MEMORANDUM TO: Leslie Olson, AICP, Director THROUGHt 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 I0-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 ID92317-333-0000.00012 in accordance with Section 11.03.04 — Procedure for Mnor Replats and Lot Splits and County retards. 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. 1Bac!Wround 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-5,1du15ac) Future Land Use: AG-5 (Agricultural-5, ldul5ac) Existing Might -of -Way: None ST. L,UCIE WORKS Page 259 of 355 Urban Service Boundary: Outside Water/Wastewater: WeiilSeptio 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 willbc provided throughweli and septic systems approved by the Florida Department of Health. The above parcel is nonconforming because it does notmeet the minimum road frontage requirement of 60 feet within the AG-5 Zoning District and as defined in Section 2,00.00 Definitions of the land Development Code, as follows. Page 260 of 355 Frontage: The length of a lot that fronts on a public street or that fronts on a private street haying been constructed in conformance with the St. Lucie County Standard 5;pectfilcofions for Public Works Construction TABLE 7-10 LOT SIZE AND DIMENSIONAL REQUJREMEM"S Zoning District Maximum Gross Density (Du/Ac) Minimum Lot Size (so Minimum Lot Width Timmu oa ronta AG-5 AGRICULTURAL -5 0.1 217,800 156- 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 thatthe subject property was not contiguous to other lots in the same ownership as of July 1, 1984, accordingly, this parcel is considered a nonconforming 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 casement 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 staff's review of the deeds for the subjcot property and adjacent properties, it has been determined that there has not been a previous lot split since the adoption of the 1990 LDC. STANDARDS FOR LOT SPLIT REVIEW AS SET FORTH IN THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE SECTION 11,03.04 St. Lucie County Land Development Code (LDC) Section 1[ .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: Page 261 of 355 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 District Maximum Gross Minimum Lot Size Minimum Lot Width inimu o Density (so rants u/Ac AG-5 i AGRICULTURAL-5 0.2 217,800 150 2. Each lot shall abut a ublic or private street (except as hereinafterprovided) for the re ulred aflatufn road frontage for the Zoning District Whoro 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 R 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 ingresslEgress Access or construed that the North St. Lucie River Page 262 of 355 Water Control District is dedicating this Ingress/Egress Access to the County for use as a "public road The area descrlbed is not a "public road " and will -rot be maintained by St. Lucie County. 3. If any lot abuts a street dght-of-way that does not conform to the desr n s ecifications rovided in this Code- the owner shall be required to dedicate one half the rl ht-of- wa y width necessary to meet the minimum des/ n requirements. 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 Contra] District to the west and south property lines. The Sc 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 Rj&-of-Tay EaseDrent for the construction and maintenance of a County road including but not limited to the summary of conditions as follows: • Said road shall 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 aald 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, ,Legal Department The parcel has the following frontage: • North St Lucie River Water Contra! 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 ingresslegress 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. Page 263 of 355 Determination of Complimrce will' Environmental Requirements — Environmental Resources Department Backeround 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 AO-5. Eindings 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. Page 264 of 355 Iwd: 2080 lot split https://In,iit.ao1.coi-n/webtiiaiI-std/eii-tis/PrititMessage 2 of 3 PaW4ftftf,:W �wd: 2080 lot split littps://niail.aol.coin/webniai1-std/eii-as/PrintMessage 3 of 3 PagWof& PO 4 M Supplement 10 Appeal of Decision by Administrative Official Application Su lenient Refer to L.D.C. section 11.11,02 for further details 1. 1 (we) do hereby appeal to the St. Lucie County Board of Adjustment to reverse the following decision or action of the administrative official. (State the title of the official, and the decision made by that official, and the section from the St. Lucie County Land Linda Pendarvis denied the lot split for 2080 Puliter Rd. Decision was based on Section 11,03.04 2. What is the original intended development or use of the subject property that was rea uested: The intent was to split the property into 2 parcels. Currently this property is zoned Ag-5 3. What is the specific reason that the decision is in.error? According to Planning Department, 2080 is the only property that does not meet the requirements In 2007, Schirard property was subdivided into 7 parcels directly to the North and every property to the south and east has also been split. Schirard gave ROW that was used as road frontage. We should be able to give the same frontage, according to LDC 7.05.03: local Road (with Swale drainage 70 ft) so 35ft. -&-. -A 4L.n+...n,d14 n + ha nn ICCI If? Are there other factors that were not communicates to the omclarr After reading the denial letter, it stated that we would be required to gain legal access from Brocksmith to the property at 2080 Pulitzer Rd in order to build. Attached is the agreement that allow 8 lots on Brocksmith to be split and clearly staes in the survey, unde Exhibit A, "Additional lands to be benefited." Clearly refering to 2080 Pulitzer. I spoke with the Water Management District who stated they would also issue permit of access from Pulitzer side 5. Were all the in the request? We have been in communication with the Planning Board since March. I have spoke with several members of the committee who stated that I may have to give ROW from either Brocksmith or Pulitzer which we agreed. We are requesting the same acceptance as everyone else in the area. We submitted the lot split application, on July 13,2021 it was distributed to the DRC. We did not recieve notice until August 25, 2021 of the denial. This is against LDC 11.02.03 subsection 3: Which states determination within 20 working days. This was 31 workin da 6. is there any other Section of the Land Development Code (LDC) that may srany the basis for the decision made b the official? LDC 11:03:04 section D, it states hall abut a public or private street(EXCEPT AS HEREINAFTER PROVIDED)... buts a street right-of-way that does not conform to thedesign specifications provided in this code, the owne ired to dedicate one-half the right-of-way width necessary to meet the minimum design requirements. 7. Is there an order from a Court, Federal or State Agency requiring the intended development or use? YES F� NO 0 (If yes, then order is required) 8. Provide a copy of all applications and correspondence to and from the County. Justin Allen and Cheryl Allen Applicant Name (printed) Page 1 of 2 Revised: May 27, 2010 Page 267 of 355 �tc L �ITEM NO. (ID # 2021-52487) I`I(`)DATE: 10/27/2021 �`= AGENDA REQUEST RES NO: BOA-20- TO: Board of Adjustment PRESENTED BY: Linda Pendarvis, Planning Manager SUBMITTED BY: Planning & Development Services SUBJECT: Prima Vista Commons Building Height Variance from the provisions of Section 7.04.01(A) Table 7-10 maximum building height of 35 feet requirement within the RM-5 (Residential, Multi -family -5 du/ac) Zoning District to construct five (5), 48- unit, 4 story multi family residential buildings up to 42 feet in height. BACKGROUND: The applicant, AR Building, Inc., is proposing to develop 44 acres with five (5), 48-unit, 4 multi -family residential buildings for a total of 240 dwelling units within the RM-5 (Residential, Multi -family - 5 du/ac) Zoning District. The subject properties are currently owned by Multi -Media Concepts, Inc. and Dybra PSL Development, LLC. The maximum building height allowed within the RM-5 Zoning District is 35 feet. The developer is proposing a maximum building height of 42 feet, an additional 7 feet, 20 percent more than permitted by Table 7-10 in Section 7.04.01 Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code. PREVIOUS ACTION: None RECOMMENDATION: Staff has reviewed this petition and determined it does not conform to a strict interpretation of the standards of review as set forth in the St. Lucie County's Land Development Code Section 10.01.02. Staff is therefore recommending denial of the requested Variance. COMMISSION ACTION: RESULT: MOVER: SECONDER: None AYES: None NAYS: None EXCUSED: None Page 268 of 355 Coordination/Signatures Date: October 18, 2021 Kori Benton, Assistant Planning Manager Date: October 18, 2021 Benjamin Balcer, Planning & Development Services Assistant Director Date: October 18, 2021 Caroline Valentin, Assistant County Attorney Page 269 of 355 L � � I . . ........ TO: Board of Adjustment THROUGH: Benjamin Balcer, AICP, Assistant Director FROM: Linda Pendarvis, Planning Manager DATE: October 27, 2021 . iii 7� iiw7� i"I iiii��i� .iiu° einii� cc% M II1=11 V1 i''i III!R , IlN1 III) U IIV SUBJECT: The request of Multi Media Concepts, Inc. and Dybra PSL Development, LLC for an application for a Variance from the provisions of Section 7.04.01(A) Table 7-10 maximum building height requirement to construct five, 4 story (42 feet high), multi- family residential buildings within the RM-5 (Residential, Multi -family — 5 du/ac) Zoning District. ITEM NO.: 2021-52487 AGENDA 7-C NO.. Agent: BL Companies Cherie Akers, AICP 1801 NE 23rd Street North Miami, FL Applicant: AR Building Inc. Emily Mitchell 310 Sevens Fields Blvd, Suite 350 Seven Fields, PA 16064 Property Owners: Multi Media Concepts, Inc. 4300 Biscayne Blvd, Suite 350 Miami, FL 33137-3255 Dybra PSL Development, LLC % PKA Orlando Inc 529 Versailles Drive, Suite 210 Maitland, FL 32751 Location: Northeast corner of Prima Vista Blvd & Lennard Road Zoning District: RM-5 (Residential, Multi -family — 5 du/ac) Future Land Use: RU (Residential, Urban) Page 270 of 355 Board of Adjustment Prima Vista Commons BA 9202126154 Page 2 of 9 Purpose: AR Building, Inc. is proposing to develop 44 acres, with five, 48-unit, multi -family residential buildings (4 stories) totaling), for a total of 240 dwelling units within the RM-5 (Residential, Multi -family - 5 du/ac) Zoning District. Multi -Media Concepts, Inc. and Dybra PSL Development, LLC currently own the subject properties. The maximum building height allowed within the RM-5 Zoning District is 35 feet. The developer is proposing a maximum building height of 42 feet, twenty percent (20%) more than permitted by Table 7-10 in Section 7.04.01 - Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code Existing Use: Vacant Residential Utilities: Water and Wastewater will be serviced by Port St. Lucie Utilities Roadway Improvements: None 341450106080000 Multi Media Concepts, Inc. 4.01 acres 341450106060006 Multi Media Concepts, Inc. 10.00 acres 341450106050009 Multi Media Concepts, Inc. 10.00 acres 341450106081506 Dybra PSL Development, LLC 20.54 acres Total acreage: 44.55 acres Right of Way Dedication 11.33 acres Surrounding Zoning: Zoning District Existing, Use To the north: RM-5 (Residential, Multi -family — 5 du/ac) Vacant Residential Institutional Savannas Preserve State Park To the south: RM-5 (Residential, Multi -family — 5 du/ac) Residential single-family on AR -I (Agricultural, Residential — 1 du/ac) large acreage parcels To the east: RM-5 (Residential, Multi -family — 5 du/ac) Equestrian boarding farms AR-1 (Agricultural, Residential — 1 du/ac) & Residential single-family on large acreage parcels To the west: RM-5 (Residential, Multi -family — 5 du/ac) Pine Summit Major Site Plan & Vista St. Lucie (accessed RM-9 (Residential, Multi -family — 9 du/ac) from S. US Hwy 1) Following are the previous approvals referenced within the applicant's narrative. Prior Approvals On September 9, 2005, the Board of County Commissioners approved a Major Site Plan for a 120-unit condominium project on 24.86 acres known as Lennard Trails. This approval was proposed on the subject properties that are currently owned by Multi Media Concepts, Inc. The Lennard Trails site plan was Page 271 of 355 Board of Adjustment Prima Vista Commons BA 9202126154 Page 3 of 9 approved with four, (4), 30-unit, multi -family residential buildings, with three (3) stories. The Lennard Trails Major Site Plan expired on September 6, 2007, thereby is null and void. On August 28, 2007, the Board of County Commissioners accepted on behalf of St. Lucie County a Warranty ed for the proposed right-of-way and pond dedication for Lennard Road from Dybra PSL Development, LLC. Pursuant to Section 7.05.03. Rights -of -Way Determination and Dedications, Improvements. This dedication of right-of-way was a condition of approval for the traffic impacts of the Prima Vista Commons Major Site Plan. The applicant is utilizing the residential density granted under the previous Prima Vista Commons approval (20 units) from the land area dedicated for right-of-way based on the following LDC requirement. F. Effect of'Donation of Property in Computing Future Residential Density on Remaining Conforming Parcels of Land. All land area requested by the County, or the State of Florida, for street or road right-of-wayand other related public purposes and which is conveyed or dedicated by donation to the County, or the State, and accepted by the County or the State, after December 1, 1988, may be included in the acreage calculations for the purpose of density determination when the parcel from which the land area was dedicated is proposed for development. On March 3, 2015, the Board of County Commissioners approved a Major Adjustment for a Major Site Plan to allow a 120-unit senior housing facility on 20.54 acres known as Prima Vista Commons. This approval was granted on the subject property that is currently owned by Dybra PSL Development, LLC. The Major Adjustment was approved with a maximum building height of 35 feet. The Prima Vista Commons Major Adjustment was extended through several statutory extensions provided by Florida Statutes Section 252.363 and is now scheduled to expire August 10, 2022. Current Request The subject +/- 44-acre undeveloped property is currently zoned RM-5 (Residential, Multi -family, 5 dwelling units per acre) which is consistent with the RU (Residential, Urban) future land use designation. The RM-5 Zoning District provides for a maximum building height of 35 feet. The applicant, AR Building Company, Inc. on behalf of Multi Media Concepts, Inc. and Dybra PSL Development LLC is requesting a Variance from the maximum building height requirement to construct five, (5), 48-unit, 4 story multi -family residential buildings, with 4 stories, for a total of 240 dwelling units. The buildings proposed are 42 feet high, therefore, a 7 feet height variance is required. The following Exhibits are part of the agenda attachment titled Prima Vista Commons ArchElev.pdf. Pursuant to Section 10.01.03 Limitations on Granting Variances. A. Variances shall not be granted that would: Permit a building or structure to have a height in excess of 'one hundred twenty percent (120%) of that permitted by Table 7-10 in Section 7.04.00. The LDC defines building height as the vertical distance between the minimum finished grade and the highest finished main roof surface in the case of flat roofs or shed roofs, the deck line of a mansard roof and the average distance between the eaves and the ridge of sloped roof with a pitch greater than 4:12 ratio. For the purpose of this Code, the minimum finished grade shall be that elevation, for both residential and nonresidential uses, required to meet minimum flood protection regulations. Page 272 of 355 Board of Adjustment Prima Vista Commons BA 9202126154 Page 4 of 9 Exhibit 1— Building Elevations: BUILDING ELEVATIONS, AM�Y..... I J GW'E 1 i ' 0 Igo SIDE Ci ELEVATION SIDE ELEVATION Page 273 of 355 Exhibit 2 — Conceptual Rendering: ► Board of Adjustment Prima Vista Commons BA 9202126154 Page 5 of 9 `m k'9'4 ✓x a 4� If + �'i,�:b" Id�k M✓f��"�Nw "� �!� " awJ[ :'wWl,�`nu��,fd&- � �, P� 4 d r- , mo 'fr P� M4 w e .,.,�p. In reviewing this application for a Variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: 1. The Variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The applicant, AR Building Company, Inc. submitted an application on behalf of Multi Media Concepts, Inc. and Dybra PSL Development LLC requesting a Variance from the maximum 35 feet building height requirement within the RM-5 Zoning District to construct five (5), 48-unit,4 story multi -family residential buildings for a total of 240 dwelling units. The proposed buildings are 42 feet high, therefore, a 7 feet height variance is required. Page 274 of 355 Board of Adjustment Prima Vista Commons BA 9202126154 Page 6 of 9 The applicant indicated within their narrative that the hardship is "due to the environmental constraints and the building separation requirements set forth in the LDC Section 7.04.03, the overall buildable envelope on the site has been reduced significantly and in order to develop the 240 units they must be contained within five (5) four-story buildings." The requested Variance is not the result of conditions that are unique and peculiar to the land, structures and buildings involved. The Variance sought does not arise from conditions that are unique and peculiar to the property. The environmental conditions that existed under the previous approvals are generally the same. The Lennard Trails approved site plan that is included in this agenda indicate 11.81 acres of wetland and 2.83 acres of lakes on the proposed site to the north. The previously approved Prima Vista Commons site plan, included in this agenda packet, indicates a 5.04-acre conservation area. The proposed development is concentrated on this +/- 20 acres. The environmental constraints identified as a hardship for this project are the same as previously approved site plans which did not require an additional 7 feet building height. The minimum building separation requirements for multi -family structures of two (2) floors or greater within the RM-5 Zoning District are regulated by Section 7.04.03 Building Spacing Formula between buildings and the minimum distance from a property line by the length and height of the buildings. This formula is calculated by the length and height of the buildings therefore the higher the building the greater separation. The proposed project can be designed with additional buildings on upland area(s) thereby reducing the number of units in the five buildings and reducing the height of the buildings to comply with the maximum building height requirement within the RM-5 Zoning District. Attached to this agenda packet is the applicant's Overall Building Spacing Plan that was submitted with the Major Adjustment to the Major Site Plan application. This plan provides the proposed building setbacks per the building spacing formula. 2. The granting of the Variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of tire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The requested Variance is not compatible with the other properties or improvements in the neighborhood. The neighborhood to the west consists of multi -family development with buildings of two and three stories as shown below. Exhibit 3 — Vista St. Lucie, to the Northwest: Page 275 of 355 Board of Adjustment Prima Vista Commons BA 9202126154 Page 7 of 9 Exhibit 4 — Pine Summit (AKA Pine Lakes), to the West: Granting of the requested Variance may result in spillage of lighting for the neighborhood to the east and south that enjoy an agricultural equestrian community, and their homestead consists of single- family residences, barns, outbuildings with an average of 5 to 10 acres of land area. Exhibit 5 — 1050 Tilton Road, adjacent property to the East: Page 276 of 355 Board of Adjustment Prima Vista Commons BA 9202126154 Page 8 of 9 Exhibit 6 — 1100 Tilton Road, adjacent property to the East: The subject property is bordered to the north by the Savannas Preserve State Park. Comprehensive Plan Objective 6.1.11: St. Lucie County shall promote the protection of natural buffer areas to lessen the adverse effects which adjacent developments might have on managed conservation areas, such as the Savannas State Preserve. 3. The Variance requested is the minimum Variance that will make possible the reasonable use of the land, building, or structures. The Variance is not needed to make possible the reasonable use of land. The subject property was granted previous site plan approvals that complied with the maximum building height. The proposed project can accommodate the same residential density by reducing the dwelling unit square footage and provide for the same number of units within a three-story building. 4. The Variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The requested variance is not consistent with the general spirit and intent of the St. Lucie County Land Development Code and the Comprehensive Plan. The intent of the Variance provisions is to provide a mechanism when, owing to special conditions, the literal enforcement would impose an unnecessary hardship that can be mitigated without conferring on the applicant any special privilege. St. Lucie County Comprehensive Plan Goal 1.1 Future Land Use Element: Ensure the highest quality living environment possible, through a mixture of land uses reflecting the needs and desires of the local residents and how they want their community to develop. The goal shall be implemented by strictly enforced building, zoning and development codes based on objectives and policies that will enhance St. Lucie County's natural and manmade resources while minimizing any damage or threat of degradation to the health, safety and we fare of the county's citizens, native wildlife and environment, through incompatible land uses Page 277 of 355 Board of Adjustment Prima Vista Commons BA 9202126154 Page 9 of 9 St. Lucie County Comprehensive Plan Policy 1.1.1.2(E) Residential Urban (RU) The Residential Urban (RU) classification is the predominant residential land use category in the County. This residential land use category provides for a maximum density offive (5) dwelling units per gross acre. The RU designation is generallyfound between the identified urban service areas and the transitional RS areas. These properties need to be serviced with central water and wastewater services. These services may be provided by either a public utility or througli private on -site facilities, as would be permitted in accordance with all applicable regulations. New development in the RU areas can occur using traditional single-family or multifamily zoning designations or through the Planned Unit Development process. Limited nonresidential uses may be appropriate, in accordance with applicable standards and restrictions as set forth in the Land Development Code. The St. Lucie County Land Development Code and Comprehensive Plan support a Planned Unit Development (PUD) that allows for creativity in design options which will allow the setbacks between the buildings to be reduced which ultimately complies with the Fire Code and Florida Building Code requirements. A PUD will not allow the building height to be increased. A PUD allows the efficient use of land by allowing the separation between buildings to be waived for clustering and that encourages compatibility with the environment and surrounding land uses. A. The Planned Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: B. Permit creative approaches to the development of residential land reflecting changes in the technology of land development; C. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; D. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and E. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. RECOMMENDATION: The Variance sought does not arise from conditions that are unique and peculiar to the property. The Variance does not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and determined it does not conform to a strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff is therefore recommending denial of the requested Variance. Page 278 of 355 ENVIRONMENTAL RESOURCES DEVELOPNTENT REVIEW LETTER TO: Linda Pendarvis, Planning & Development Services Department THROUGH: Amy E. Griffin, Environmental Resources Director FROM: Aimee Cooper, Interim Environmental Regulations Manager DATE: October 4, 2021 SUBJECT: Prima Vista Commons BA-9202126154 Background The Environmental Resources Department (ERD) is in receipt of the August 25, 2021 date -stamped submittal from Planning and Development Services. The applicant is requesting approval for a variance to deviate from Land Development Code (LDC) 7.04.00 regarding the thirty-five (35) ft. maximum height. The buildings are proposed at forty- two (42) ft. high, therefore, requesting an additional seven (7) ft. in height. A concurrent application, Prima Vista Commons MJSP-9202126168, is also under review to construct five (5) 48-unit multi -family residential buildings for a total of 240 dwelling units with accessory amenities, such as a pool area and pool house. The +44.05-acresite has direct frontage onto Tilton Road via a 155-ft wide strip of land that extends along the southeastern property boundary, in addition to approximately 976 LF of direct frontage along Lennard Road, which intersects with Prima Vista Boulevard. The 19.835-acre parcel (3414-501-0608-150-6) has an existing zoning approval for a 150 multi -family unit development, via Resolution 05-011, known as Prima Vista Commons. This project approval included the dedication of land to St. Lucie County (recorded dedication could not be located by staff as of 10/6/2021) and contained a pre -development acreage of 33.6 acres for purposes of calculating gross density; however, this facility was never built. The remaining three parcels of land included in the proposed development comprise +24 acres (3414-501-0608-000-0, 3414-501-0606- 000-6, 3414-501-0605-000-9) and these parcels were also previously approved for 120 multi -family units know as Lennard Trails Development. A total of 270 units were previously approved; however, a major adjustment via Resolution 2015-023 reduced the project size for the Prima Vista Commons site to 120 units for purposes of a Senior Living Facility. The site plans for the 240 units currently approved for the site are still valid. Findings Prior to approval of the variance, the following comments are required to be addressed: Although the narrative for the Prima Vista Commons MJSP-9202126168 states none of the onsite wetlands or their associated buffers will be impacted, the site plan for the major adjustment to the major site plan (Figure 1) and the variance wetland calculation exhibit (Figure 2) depicts the following impacts for each onsite wetland's associated upland buffer: a. Wetland 1, identified as a Category III wetland, and therefore per Comprehensive Plan Policy 6.1.14.6, has an associated 25-foot upland buffer. Staff determined potential impacts to the buffer, which would require a Wetland Waiver Application to be submitted for review and approval by the Environmental Resources Director; b. Wetland 2, identified as a Category II wetland, and therefore per Comprehensive Plan Policy 6.1.14.5, has an associated 50-foot upland buffer. Staff observed impacts to the buffer, which would require a Wetland Waiver Application to be submitted for review and approval from the Board of County Commission (BOCC); c. Wetland 3, identified as a Category III wetland, and therefore per Comprehensive Plan Policy 6.1.14.6, has an associated 25-foot upland buffer. Staff determined potential impacts to the buffer, which would require a Wetland Waiver Application to be submitted for review and approval by the Environmental Resources Director; Page 279 of 355 Figure 1: Overall site plan from the nzqje)r adjustment to major ,site plan T Figurc 2., BOA Application, Wetland Calculation Exhibit T. LUGHE Page 280 of 355 2. The submittal application makes mentions of a dedication of land to St. Lucie County via Resolution 05-011, known as Prima Vista Commons; however, staff has not been able locate this documentation. Please provide this recorded documentation and/or clarify the status of this dedication. 3. According to records on the SFWMD permitting site, :httpso//apes.sfwm(1.gov/WAB/,SFWMDM i iiinjndcx.htn ll conservation easements have been recorded for the for the two preservation areas located within the proposed development footprint highlighted below (Figure 3). Please provide this recorded documentation or provide written correspondence from SFWMD of the status of these conservation easements Figure 3: ,SFG jVD Recorded Conservation Easeinent Deeds Conservation Easements: 040830-6 NO 040830-6 040830-6-CE1 E 1" I!' D E' [ I X C 0 l.U''d "Aore inh-, I4 M'I1 1 36-02242-P I'fir' 1,OF 11/111i: Nt ' i t I 1"A k![ zoom to ... Please contact Aimee Cooper at 772-462-2526 if you have any questions or if you would like to meet regarding the details on these requirements. Page 281 of 355 u 1 � a iii iii iiiriii iri g a iir')i d eVellll o iii ili >iIi e iiir. i°t °�IIIaiiiIIuIoliiuI�ii III VIII SuI0i111 A III VI[ A III1,1 III 11,,) III lI Suggested motion to recommend approval/denial of this requested Variance. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF MULTI MEDIA CONCEPTS, INC. AND DYBRA PSL DEVELOPMENT, LLC FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01(A) TABLE 7-10 MAXIMUM BUILDING HEIGHT REQUIREMENT TO CONSTRUCT FIVE, 4 STORY (42 FEET HIGH), MULTI -FAMILY RESIDENTIAL BUILDINGS WITHIN THE RM-5 (RESIDENTIAL, MULTI -FAMILY — 5 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF MULTI MEDIA CONCEPTS, INC. AND DYBRA PSL DEVELOPMENT, LLC FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01(A) TABLE 7-10 MAXIMUM BUILDING HEIGHT REQUIREMENT TO CONSTRUCT FIVE, 4 STORY (42 FEET HIGH), MULTI-FAMTLY RESIDENTIAL BUILDINGS WITHIN THE RM-5 (RESIDENTIAL, MULTI -FAMILY — 5 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) Page 282 of 355 �o LULUL�ST. LUCIE COUNTY a, r Planning & Development Services Department Submission email: Planning Division planningapplication@stlucieco.org 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 stlucieco.gov/planningdivision DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Type (check each that appliesl Site Plan Rezoning 3 ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment E� Minor Adjustment to Minor Site Plan Other ❑ Minor Adjustment to PUD/PNRD/PMUD ❑ Administrative Relief Planned Development ❑ Class A Mobile Home s ❑ Planned Town or Village (PTV) ❑ Developer Agreement (Submit per LDC ❑ Planned Country Subdivision (PCS) 11.08.03) ❑ Planned Retail Workplace (PRW) ❑ Power Generation Plants ❑ Prelim. Planned Unit Develop. (PUD) ❑ Extension to Development Order ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Historical Designation/Change 6 ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Land Development Code Text Amendment' ❑ Final Planned Unit Develop. (PUD) ❑ Plat ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Post Development Order Change ❑ Final Planned Non -Res. Develop. (PNRD) ❑ Re -Submittal # 8 Conditional Use' ❑ Shoreline Variance ❑ Conditional Use ❑ Stewardships — Sending/Receiving ❑ Major Adjustment to a Conditional Use ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Minor Adjustment to a Conditional Use ❑ Transfer of Development Rights Variance 2 ❑ Waiver to LDC/Comp. Plan Requirements 9 ❑ Administrative Variance ❑ Appeal of Decision by Administrative Official10 AEC Variance ❑ Eminent Domain Waiver" ❑ Variance to Coastal Setback Line Application Supplement Packages 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. -Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". -Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Page 1 of 5 Revised January 2021 Page 283 of 355 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Anent Information: Business Name: AR Building INC Business Name: BL Companies Name: Emily Mitchell Name: Cherie Akers, AICP Address: 310 Sevens Fields Blvd, Suite 350 Address: 1801 NE 23rd Street, North Miami FL Seven Fields, PA 16064 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: 724-741-2331 Phone: 615-440-0225 Fax: Fax: Email: emily@arbuilding.com Email: cakers@blcompanies.com Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. Property Owner Signature Mailing Address: STATE OF , COUNTY OF Property Owner Name (Printed) Phone: If more than one owner, please submit additional pages The foregoing instrument was acknowledged before me this by Signature of Notary day of , 20 who is personally known to me or who has produced as identification. Commission Number (Seal) Type or Print Name of Notary Page 2 of 5 Revised January 2021 Page 284 of 355 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) Aerial Photograph — property outlined (available from Property Appraiser's office Property Deed Legal description, in MS Word format, of subject property Property Tax Map — property outlined (electronic copy not required) Survey (24x36) 2 USB's of all documents submitted (in lieu of email submission to plan ningapplication(@_stlucieco.orq - El with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or not applicable with variance application ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. not applicable with variance application Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36" at a scale of 1 "=50' (5 copies- folded, not rolled) ❑ Boundary Survey (24x36) — Signed and Sealed (5 originals) ❑ Topographic Survey (24x36) — Signed and Sealed (5 originals) ❑ Landscape Plan — Signed and Sealed (5 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 USBs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 5 Revised January 2021 Page 285 of 355 Protect Information Proiect Name: Prima Vista Commons Site address: Prima Vista Boulevard & Lennard Road Parcel ID Number(s): 341450106080000,341450106060006,341450106050009,341450106081506 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on USB) See Attached Word Document Property location — Section/Township/Range: 23/36S/40E Property size — acres:44.05 Square footage: Future Land Use Designation: RM-5 Residential Zoning District: Multiple Famly -5 Description of project: (Attach additional sheets if necessary) See Attached Variance Justification Statement 240 Multi -family units proposed. Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing Residential No. of residential units: Existing No. of subdivided lots: Existing 4 Other Please specify: Number and size of out parcels (if applicable): Proposed: Proposed: Proposed:240 Proposed: Page 4 of 5 Revised January 2021 Page 286 of 355 Required Document Namin List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on USB Aerial Photograph PDF Aerial.pdf Application PDF Application.pdf Approval Order PDF Approval Order. pdf Architectural Elevations PDF ArchElev.pdf Boundary / Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF DrainagePln.pdf Easements PDF Easements.pdf Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existing Cond. pdf Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Pavin .pdf Permit (External) PDF Permit.pdf Plat PDF Plat.pdf or Plat.doc Property Deed PDF Deed.pdf Site Plan PDF SitePlan.pdf Traffic Impact Report PDF or Word TIR.pdf or TIR.doc Tree Survey PDF Tree.pdf Turtle Protection PDF or Word Turtle.pdf or Turtle.doc Utility Plan PDF Utiliity.pdf Vegetation Removal Application PDF Vegetation.pdf Page 5 of 5 Revised January 2021 Page 287 of 355 (PLEASE READ � Submissionof this appli",cation doesil: A be �met Prior to thiiE; project �bjeing pre� "the right, to request additional informa Buslness, Name: AR Building Ca, Name: Emil'y Mitchell . .... ------ Address: 310 Seven Fields Bfv,d,., Suite 350,Seven Fielo (Plea,se use an address thiat can acio ............. SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information . W (Property Developer): Agent ..I. �nfrmat .._ .... _ .. .. ....www_v..,�..._.....� .mt�ion: Business Name: AR Building Company Inc. Business Name: BL Companies Name: Emily Mitchell Name: Cherie Akers, AICP Address: Address: 1801 N.E. 123rd StreetSuite 314North Miami, FL 33181 310 Seven Fields Blvd., Suite 350Seven Fields, PA 16046 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: 724-741-2331 Phone: 615-332-2939 Fax: Fax: Email: Emily@arbuilding.com Email: cakers@blcompanies.com Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. Property Owner Signature Mailing Address: 43ot(�` STATE OF CG(' "a", COUNTY OF Loi A" 0ei P (opwly Owner Name (P(tod) Phone: " 7 �.S70 e-, e�,-D If more than one owner, please submit additional The foregoing instrument was acknowledged before me this TV day of AJu4l _„ 20 21 by SOM duhcirh who is personally known to me or who has produced FLaL Signature of Notary as identification. Itt-1188 Commission Number (Seal) Page 2 of 5 Revised January 2021 A z R P�►�Kt �uvH Mtptte l Type or Print Name of Notary Ak: ALEX RUBALCAVA MARTEL " Notary Public - California eS" ^ ,� rr . Los Angeles County v Z Commission " 2287788 My Comm, Expires Jun 3. 2023 Page 289 of 355 Supplement 2 Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 10.0 1.00 for details I (we) do hereby petition the St. Lucie County Board of Adjustment for the following 1. Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) SEE ATTACHED VARIANCE JUSTIFICATION LETTER 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: I State the specific hardship imposed on the owner by the LDC? 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. 9. Is this variance request located within a Homeowners or Property Owners Association? YES NO X If yes, then letter is required -- ----- ------- - - - ---------- - • For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request Page 290 of 355 Supplement 2 10. Name of Association 11. Is there a letter from that association attached? YES NO X a Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. * Per ILDC Section 10.01.04(A). (7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. a, Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. • I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. .&.,, '10'U2:L4V6-' (Applicant Name) swear (or affirm) that the information and facts statgd"rein on the application 7 is true and correct. 00' 1 1 Applicant Signat .. .. .... . . !�UA Date: 1 . . ........... STATE OF&&X&.,L,,J-V, a COUNTY OF 0 The foregoing instrument was acknowledged before me this day of 20�by j whom ]I ..... ..... ...... .. . . .. ... .. � is �perso�nally -.�S w to me or who has produced as identification. 0 Wma k, F1 IRMO Ev 1*1 ftq Commission Number (Seal) Commonwealth of Pennsylvania - Notary Seal Annette M. Provenza, Notary Public Allegheny County My commission expires October 15, 2023 Commission number 1237073 Member, Pennsylvania Assoclatlon of Notarl" Page 291 of 355 Architecture An Employee -Owned Company 1, EA Engineering Environmental W&W Land Surveying Companies Intersection of Lennard Road and Prima Vista Boulevard Section 23 Township 36S Range 40E, Block 2 Lots 5, 6, 8 Port St. Lucie, FL Prima Vista Commons Variance Application JUSTIFICATION STATEMENT AR Building Company is the contract purchaser for four (4) parcels of land located at the intersection of Lennard Road and Prima Vista Boulevard in Port St. Lucie, Florida. The subject parcels are comprised of +44.05 acres. The subject property is located in Section 23, Township 36 South, Range 40 East, within the unincorporated limits of St. Lucie County, Florida. The property is bounded on the north by vacant undeveloped land, on the south by Tilton Road, and on the west by Lennard Road. The subject property includes the following parcel ID's: 341450106080000 341450106060006 341450106050009 341450106081506 AR Building Company is proposing to develop 240 multi -family residential units on the subject property. Existing Zoning/Future Land Use The subject properties are located within the RM-5, Residential, Multi -Family zoning district and its zoning is consistent with its Future Land Use Designation. The 19.835-acre parcel (341450106081506) has an existing zoning approval for a 150 multi -family unit development, via Resolution 05-01 1, known as Prima Vista Commons. This project approval included the dedication of land to St. Lucie County and contained a predevelopment acreage of 33.6 for purposes of calculating gross density. This facility was never built. The remaining three parcels of land included in the proposed development include +24 acres (341450106080000, 341450106060006, 341450106050009) and these parcels were also previously approved for 120 multi -family units know as Lennard Trails Development. A total of 270 units were previously approved; however, a major adjustment via Resolution 2015-023 reduced the project size for the Prima Vista Commons site to 120 units for purposes of a Senior Living Facility. 240 units are currently approved for the Site and the plans are still valid. 1801 N.E. 12311 Street, Suite 314 • North Miami, FL 33181 • www.blcompanies.com Page 292 of 355 N1 WO Companies Proposed Development/Concept Plan AR Building Company is proposing to develop a total of 240 multi -family dwelling units. The development is proposed to construct five (5) 48-unit multi -family residential buildings for a total of 240 dwelling units. Additionally, a pool house accessory structure and pool area are proposed. A Conceptual Site Plan is attached for preliminary review and compliance with the St. Lucie County Land Development Code (LDC). The proposed development complies with all required setbacks, buffers, parking, etc. as set forth in Section 7.04.00 of the LDC. It is anticipated that a variance is required to deviate from Section 7.04.00 of the LDC regarding the 35' maximum height. The buildings are proposed at 42' high, therefore, an additional 7' height variance will be required. Per Section 10.01.03.A.1, variances are permitted up to 120% of the maximum height permitted by Table 1 in Section 7.04.00. Therefore, the maximum permitted height by variance is 42'. Variance Application Supplement 1. 1 (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) Section 7.0.04.00 (Table 1) of the LDC requires a maximum of a 35' height for the RM Zoning District. The Applicant is requesting a 7' height variance in order to allow for five (5) 42' buildings to be developed on site. Per Section 10.0 1.03.A. 1, variances are permitted up to 120% of the maximum height permitted by Table 1 in Section 7.04.00. Therefore, the maximum permitted height by variance is 42'. 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: The purpose of the proposed variance is to allow for 42' height buildings to be developed on the subject site in order to allow the development of 240 Multi -Family units as permitted in the RM Zoning District. The subject parcels have previously approved development orders for the 240 Units (Prima Vista Commons - 120 units and Lennard Trails - 120 Units). Due to the environmental constraints and the building separation requirements set forth in LDC Section 7.04.03, the overall buildable envelope on the site has been reduced significantly and in order to develop the 240 units they must be contained within five(5) four-story buildings. Each building will contain 48 units and measure 42' in height. It should also be noted that Section 7.04.03 outlines the separation requirements of MF Buildings. Given these separation requirements and the environmental constraints, the siting of the proposed buildings is limited on the site. If the buildings were proposed at 35' in height, more than five buildings would be required to accommodate the 240 units. Any additional buildings cannot reasonably be accommodated on the subject property, therefore, the 7' height variance is required. 3. State the specific hardship imposed on the owner by the LDC? The size, height, and character of the proposed multi -family development proposed is consistent with purposes and intent of the St. Lucie County Comprehensive Plan and the LDC. However, the strict application of the height restrictions will result in unnecessary hardships due to the I2 Page 293 of 355 NBMW- Companies unique environmental constraints, previously dedicated acreage reduction and building separation restrictions imposed on the property by the LDC. The Applicant's property consists of over 13 acres of wetlands on site and one acre of other surface waters (See attached Exhibit 1). The Applicant has confirmed the wetland locations through a non -informal determination with the SFWMD on August 11, 2021 and a letter is forthcoming from the Agency. The proposed preliminary development plan does not anticipate the disturbance of existing wetlands on site. Pursuant to Policy 6.1.14.1 the wetlands shown on Exhibit 1 are classified as a Category II (wetland # 1 & #3) and Category III wetlands (wetland #2). The Applicant is required to provide a minimum 25' buffer between the wetland jurisdictional line and the area of development for wetlands classified as Category III and a 50' buffer for wetlands classified as Category II. Pursuant to the Conservation Element of the St. Lucie Comprehensive Plan the following policies regarding wetland buffers is set forth a follows: Policy 6.1.14.5 - All new development containing a Category II wetland shall provide a minimum 50-foot buffer between the wetland jurisdictional line and the area of development. The buffer, as measured landward from the approved jurisdictional line, shall be maintained in a natural vegetative state and be free of exotic and nuisance species as defined by the Florida Pest Council. Policy 6.1.14.6 - All new development containing a Category III wetland shall provide a minimum 25-foot buffer between the wetland jurisdictional line and the area of development. The buffer, as measured landward from the approved jurisdictional line, shall be maintained in a natural vegetative state and be free of exotic and nuisance species as defined by the Florida Pest Council. The required buffers as shown on the attached Preliminary Development Plan provides for an additional 4.59 acres of preservation on site. Overall, the preservation of the total wetlands on site and the associated required buffers equals 17.59 acres that are undevelopable, thereby reducing the overall developable acreage to 26.46 acres. This reduction in overall developable area has significantly impacted the development of the site and confined the development to the southern portions of the site. The overall developable acreage is calculated as follows: Total Wetlands: 13 acres (see Exhibit 1) Total Wetland Buffers: 4.59 acres Other existing surface waters: 1 acre Total wetland/other surface water acreage: 15.59 acres The total 15.59 acres of wetland preservation and associated buffers represent 35% of the overall property. This is a significant amount of land that is being dedicated and preserved on site and significantly reduces the overall developable footprint. During the development process these preservation areas will be dedicated as conservation easements. i8 qi.. 13 Page 294 of 355 N1 Companies The Applicant is also proposing to preserve existing native upland habitat in the northern portions of the subject property and equates to 1 1.1 additional acres (25.2%). This native upland habitat will meet the minimum required 25% of upland preservation for the site. This additional reservation further reduces the overall buildable area of the site. It should also be noted that previously the property owner dedicated 13.765 acres of land for ROW Dedication at the time of initial development order for the Prima Vista Commons, which further reduced the acreage of the subject properties. The post ROW dedication acreage of 13.765 reduced the acreage of the Prima Vista Commons parcels to 19.835 acres. This previous acreage reduction combined with the wetland and buffer requirements, 25% native upland preservation are practical difficulties for placement of the multi -family buildings on the site. It is the intent of the Applicant to minimize all wetland impacts to the greatest extent possible on site and preserve 25% of native upland habitat. By doing so, the Applicant must reduce the overall number of buildings to be developed on the site. Initially, it was anticipated that six buildings were to be located in order to achieve the permitted density. However, in order to develop the proposed 240 units on site, the number of buildings is reduced to five buildings. To achieve the 240 units, the buildings must increase in height in order to accommodate the units into five (5) 42'-high buildings. 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. As previously stated, the hardship to the property is unique for the following reasons: The property owner previously dedicated approximately 13.3 acres of land for ROW to the City, thereby reducing the overall development acreage to 44.05 acres. This previous dedication was originally calculated in the development approval for the original development order allowing 150 MF units. The reduced acreage affects the overall density of the project as well. • The presence of approximately 13 acres of wetlands, 1 acre of other water surfaces and the addition of the required wetland buffers represents 35% of the site acreage and significantly reduces the overall developable acreage for the subject property. The presence of these wetlands is unique to this property and combined with the previous ROW dedication significantly reduces the overall developable acreage. 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. The size, height, and character of the proposed multi -family development is consistent with purposes and intent of the St. Lucie County Comprehensive Plan and the LDC. The additional height will not significantly impact surrounding neighbors as the proposed development is consistent with the character and uses in the immediate area. 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. The approval of the 7' height variance will not increase traffic, nor impair property values or create the potential risk of fire. In addition, the buildings will comply with all fire code regulations. i8 qi.. 14 Page 295 of 355 NBMW- Companies 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. The Applicant is requesting the minimum variance that would allow for the placement of the permitted 240 units on the site and it allows for the least amount of impact to the wetlands on site. 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. The requested height variance is consistent with the general spirit of the LDC and allows for the 7' height increase pursuant to Section 10.01.03.A. I which permits variances up to 120% of the maximum height permitted by Table 1 in Section 7.04.00. Therefore, the maximum permitted height variance is 42'. The requested variance will allow for the development of the 240 units on the site while minimizing all impacts to the wetlands. Pursuant to the Conservation Element, the proposed development is consistent with the Comprehensive Plan and is providing for the required wetland buffers and upland preservation on site. In addition, the Housing Element of the Comprehensive Plan encourages Multi -family development (i.e. Policy 3.3.1) in the County. 9. Is this variance request located within a Homeowners or Property Owners Association? For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. The variance request is not located within a Homeowners or property owners association. On behalf of the Applicant, AR Building, Inc., BL Companies respectfully requests approval of a 7' Height Variance for 42' height pursuant to Section 10.01.03.A.1. i8 q1.. 15 Page 296 of 355 Cl) O H a W J W wva w liNlivauivu vl iiuiL P P-iP v 0 w J W W _ � o 0 Z a 1H913H 319VAAC 3OOb JO 1NIOd41W Ol Z O H a W J W _v H a w J W N W r) m Z O w J W W m m (MD z a z LU In Cl) 0 O am OE :D Om ARCHITECTURE Designed H.J.L. . ENGINEERING PRIMA VISTA COMMONS Drawn H.J.L. D'Im ENVIRONMENTAL LAND SURVEYING INTERSECTION OF LENNARD RD AND PRIMA VISTA BLVD Checked Approved Scale A.B.U. A.B.U. FIGURE 5 1"=1000' Project No. 2100842 AERIAL LOCATION MAP PORT ST. LUCIE, ST. LUCIE COUNTY, FL Date 6/3/2021 COrY1pQ:66 CAD File LOC210084201 Page 302 of 355 PRIMA VISTA COMMONS LEGAL DESCRIPTION (RECORD) LOTS 5 AND 6, BLOCK 2, IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST OF PLAT NO.1 SAINT LUCIE GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 35, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND THE NORTH 1/2 OF LOT 8, BLOCK 2, IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST OF PLAT NO.1 SAINT LUCIE GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 35, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THAT PART CONVEYED TO ST. LUCIE COUNTY BY DEED RECORDED IN OFFICIAL RECORDS BOOK 2214, PAGE 393, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. THE SOUTH 1/2 OF LOT 8 AND ALL OF LOTS 9, 10 AND 11, BLOCK 2, SANT LUCIE GARDENS, LOCATED IN SECTION 23,TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 35, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: PARCEL B: THAT PORTION OF LOTS 9 AND 10, BLOCK 2, ST. LUCIE GARDENS, LOCATED IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 35, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT 5/8 INCH IRON ROD AND CAP STAMPED "LB 1221" MARKING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 00 DEGREE 15 MINUTES 06 SECONDS WEST ALONG THE WEST LINE OF SAID QUARTER, A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID WEST LINE RUN SOUTH 89 DEGREES 58 MINUTES 47 SECONDS EAST ALONG THE EASTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY OF TILTON ROAD A DISTANCE OF 15.00 FEET TO THE WEST LINE OF THE AFORESAID LOT 10; THENCE NORTH 00 DEGREE 15 MINUTES 06 SECONDS WEST ALONG SAID WEST LOT LINE A DISTANCE OF 34.15 FEET TO THE POINT OF BEGINNING, BEING A NON -TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 815.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 52 MINUTES 40 SECONDS, A CHORD BEARING OF NORTH 40 DEGREE 49 MINUTES 36 SECONDS EAST, AND A CHORD LENGTH OF 182.79 FEET; THENCE FROM A TANGENT BEARING OF NORTH 34 DEGREES 23 MINUTES 16 SECONDS EAST DEPARTING SAID WEST LOT LINE RUN NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 183.18 FEET TO THE POINT OF TANGENCY; THENCE NORTH 47 DEGREES 15 MINUTES 56 SECONDS EAST A DISTANCE OF 115.25 FEET; THENCE NORTH 05 DEGREES 05 MINUTES 24 SECONDS EAST A DISTANCE OF 66.96 FEET TO A NON -TANGENT POINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1130.00 FEET, A CENTRAL ANGLE OF 27 DEGREES 33 MINUTES 10 SECONDS, A CHORD BEARING OF NORTH 23 DEGREES 22 MINUTES 26 SECONDS WEST, AND A CHORD LENGTH OF 538.18 FEET; THENCE FROM A TANGENT BEARING OF NORTH 37 DEGREES 09 MINUTES 01 SECOND EAST RUN NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 543.40 FEET TO THE WEST LINE OF THE AFORESAID LOT 9; THENCE SOUTH 00 DEGREE 15 MINUTES 06 SECONDS EAST ALONG SAID WEST LOT LINE A DISTANCE OF 777.25 FEET TO THE POINT OF BEGINNING. PARCEL C: THAT PORTION OF LOT 10, BLOCK 2, ST. LUCIE GARDENS, LOCATED IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 35, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT 5/8 INCH IRON ROD AND CAP STAMPED "LS 1221" MARKING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUGE COUNTY, FLORIDA; THENCE NORTH 00 DEGREE 15 MINUTES 06 SECONDS WEST ALONG THE WEST LINE OF SAID QUARTER, A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID WEST LINE RUN SOUTH 89 DEGREES 58 MINUTES 47 SECONDS EAST ALONG THE NORTH RIGHT-OF-WAY OF TILTON ROAD AND ITS EASTERLY EXTENSION A DISTANCE OF 151.08 FEET TO THE POINT OF Page 303 of 355 BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 58 MINUTES 47 SECONDS EAST ALONG SAID NORTH RIGHT-OF- WAY A DISTANCE OF 448.33 FEET TO A NON -TANGENT POINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1130.00 FEET, A CENTRAL ANGLE OF 13 DEGREES 54 MINUTES 39 SECONDS, A CHORD BEARING OF SOUTH 55 DEGREES 17 MINUTES 25 SECONDS EAST, AND A CHORD LENGTH 273.68 FEET; THENCE FROM A TANGENT BEARING OF NORTH 62 DEGREES 14 MINUTES 45 SECONDS WEST DEPARTING SAID NORTH RIGHT-OF-WAY RUN NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 274.35 FEET; THENCE SOUTH 69 DEGREES 29 MINUTES 50 SECONDS WEST A DISTANCE OF 67.37 FEET; THENCE SOUTH 47 DEGREES 15 MINUTES 56 SECONDS WEST A DISTANCE OF 115.03 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TOTHE SOUTHEAST HAVING A RADIUS OF 685.0 FEET, A CENTRAL ANGLE OF 08 DEGREES 47 MINUTES 57 SECONDS, A CHORD BEARING OF SOUTH 42 DEGREES 51 MINUTES 58 SECONDS WEST, AND A CHORD LENGTH OF 105.09 FEET; THENCE FROM A TANGENT BEARING OF SOUTH 47 DEGREES 15 MINUTES 56 SECONDS WEST RUN SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 105.20 FEETTO THE POINT OF BEGINNING. PARCEL 0 THAT PORTION OF THE SOUTH HALF OF LOT 8 AND PART OF LOTS 9, 10. AND 11, BLOCK 2, ST. LUCIE GARDENS, LOCATED IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 35, OF THE PUBLIC RECORDS OF ST. LUGE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD AND CAP STAMPED "LB 1221" MARKING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA THENCE NORTH 00 DEGREE 15'06"WEST, ALONG THE WEST LINE OF SAID QUARTER, A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID WEST LINE RUN SOUTH 89 DEGREES 58'47"EAST, ALONG THE WESTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY OF TILTON ROAD, A DISTANCE OF 15.00 FEET TO THE WEST LINE OF THE AFORESAID LOT 10 AND THE POINT OF BEGINNING; THENCE NORTH 00 DEGREE 15'06"WEST, ALONG SAID WEST LOT LINE, A DISTANCE OF 34.15 FEET TO A NON -TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 815.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 52'40", A CHORD BEARING OF NORTH 40 DEGREES 49'36"EAST, AND A CHORD LENGTH OF 182.79 FEET; THENCE FROM A TANGENT BEARING OF NORTH 34 DEGREES 23'16"EAST, DEPARTING SAID WEST LOT LINE RUN NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 183.18 FEET TO THE POINT OF TANGENCY; THENCE NORTH 47 DEGREES 15'56"EAST, A DISTANCE OF 115.25 FEET; THENCE NORTH 05 DEGREES 05'24"EAST, A DISTANCE OF 66.96 FEET TO A NON -TANGENT POINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1130.00 FEET, A CENTRAL ANGLE OF 27 DEGREES 33'10", A CHORD BEARING OF NORTH23 DEGREES 22'26"WEST, AND A CHORD LENGTH OF 538.18 FEET; THENCE FROM A TANGENT BEARING OF NORTH 37 DEGREES 09'OL"WEST, RUN NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 543.40 FEET TO A NON -TANGENT POINT ON THE WEST LINE OF THE AFORESAID LOT 9; THENCE NORTH 00 DEGREE 15'06"WEST, ALONG SAID WEST LOT LINE AND ALONG THE WEST LINE OF THE SOUTH HALF OF THE AFORESAID LOT 8, A DISTANCE OF 806.77 FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF OF LOT 8; THENCE DEPARTING SAID WEST LOT LINE RUN NORTH 89 DEGREES 57'02"EAST, ALONG THE NORTH LINE OF SAID SOUTH HALF OF LOT 8, A DISTANCE OF 115.00 FEET; THENCE DEPARTING SAID NORTH LINE, RUN SOUTH 00 DEGREE 15'06"EAST PARALLEL WITH THE AFORESAID WEST LOT LINE, A DISTANCE OF 622.86 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1000.00 FEET, A CENTRAL ANGLE OF 01 DEGREES 16'03", A CHORD BEARING OF SOUTH 00 DEGREE 53'07"EAST, AND A CHORD LENGTH OF 22.12 FEET; THENCE FROM A TANGENT BEARING OF SOUTH 00 DEGREE 15'06"EAST RUN SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 22.12 FEET; THENCE NORTH 88 DEGREES 28'51"EAST, ALONG A RADIAL LINE EXTENDING PERPENDICULAR FROM SAID CURVE, A DISTANCE OF 56.48 FEET; THENCE SOUTH 35 DEGREES LL'46"EAST, A DISTANCE OF 272.46 FEET; THENCE SOUTH 52 DEGREES 23'16"EAST, A DISTANCE OF 35.43 FEET; THENCE SOUTH 25 DEGREES 57'51"EAST, A DISTANCE OF 44.03 FEET; THENCE SOUTH 61 DEGREES 57'44"EAST, A DISTANCE OF 184.38 FEET; THENCE SOUTH 33 DEGREES 15'41"EAST, A DISTANCE OF 35.45 FEET; THENCE SOUTH 01 DEGREE 55'46"EAST, A DISTANCE OF 116.06 FEET; THENCE SOUTH 23 DEGREES 30'08"EAST, A DISTANCE OF 108.92 FEET TO A NON -TANGENT POINT ON A CURVE CONCAVE TO THENORTHEAST HAVING A RADIUS OF 272.68 FEET, A CENTRAL ANGLE OF 37 DEGREES 54'00", A CHORD BEARING OF SOUTH 44 DEGREES 21'05"EAST, AND A CHORD LENGTH OF 177.10 FEET; THENCE FROM A TANGENT BEARING OF SOUTH 25 DEGREES 24'04"EAST, RUN SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 180.37 Page 304 of 355 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 858.86 FEET, A CENTRAL ANGLE OF 07 DEGREES 07'42", A CHORD BEARING OF SOUTH 66 DEGREES 51'56"EAST, AND A CHORD LENGTH OF 106.78 FEET; THENCE FROM A TANGENT BEARING OF SOUTH 63 DEGREES 18'05"EAST, RUN SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 106.85 FEET; THENCE SOUTH 30 DEGREES 19'34"EAST, A DISTANCE OF 58.95 FEET; THENCE SOUTH 16 DEGREES 39'35"WEST, A DISTANCE OF 101.74 FEET, TO A POINT OF NON -TANGENCY OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1000.00 FEET, A CENTRAL ANGLE OF 08 DEGREES 56-09", A CHORD BEARING OF SOUTH 77 DEGREES 48'29"EAST, AND A CHORD LENGTH OF 155.80 FEET; THENCE FROM A TANGENT BEARING OF SOUTH 73 DEGREES 20'25"EAST RUN SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 155.96 FEET TO THE EAST UNE OF THE AFORESAID LOT 11; THENCE SOUTH 00 DEGREE 12'42"EAST, ALONG SAID EAST LOT LINE, A DISTANCE OF 9.21 FEET TO THE AFORESAID NORTH RIGHT-OF-WAY OF TILTON ROAD; THENCE DEPARTING SAID EAST LOT LINE RUN NORTH 89 DEGREES 58'47"WEST, ALONG THE NORTH RIGHT-OF-WAY OF TILTON ROAD, A DISTANCE OF 391.85 FEET TO A NON -TANGENT POINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1130.00 FEET, A CENTRAL ANGLE OF 13 DEGREES 54'39", A CHORD BEARING OF NORTH 55 DEGREES 17'25"WEST, AND A CHORD LENGTH OF 273.68 FEET; THENCE FROM A TANGENT BEARING OF NORTH 62 DEGREES 14'45"WEST, DEPARTING SAID NORTH RIGHT-OF-WAY RUN NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 274.35 FEET; THENCE SOUTH 89 DEGREES 29'50"WEST, A DISTANCE OF 67.37 FEET: THENCE SOUTH 47 DEGREES 15'56"WEST, A DISTANCE OF 115.03 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 685.00 FEET, A CENTRAL ANGLE OF 08 DEGREES 47'57", A CHORD BEARING OF SOUTH 42 DEGREES 51'58"WEST, AND A CHORD LENGTH OF 105.09 FEET; THENCE FROM A TANGENT BEARING OF SOUTH 47 DEGREES 15'56"WEST, RUN SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 105.20 FEET TO THE AFORESAID NORTH RIGHT-OF-WAY OF TILTON ROAD; THENCE NORTH 89 DEGREES 58'47"WEST ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 136.08 FEET TO THE POINT OF BEGINNING Page 305 of 355 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Site Address: TBD Sec/Town/Range: 23/36S/40E Parcel ID: 3414-501-0606-000-6 Jurisdiction: Saint Lucie County Ownership Multi Media Concepts Inc 4300 Biscayne BLVD Ste 305 Miami, FL 33137-3255 Property Identification Use Type: 0000 Account #: 40704 Map 1D: 34/23N Zoning: RM-5 - Con Legal Description ST LUCIE GARDENS 23 36 40 BLK 2 LOT 6 (10.00 AC) (MAP 34/23N) (OR 3942-117) Current Values Just/Market Value: $143,800 Assessed Value: $123,862 Exemptions: $0 Taxable Value: $123,862 Property taxes are subject to change upon change of ownership. • Past taxes are not a reliable projection of future taxes. • The sale of a property will prompt the removal of all exemptions, assessment caps, and special classifications. Taxes for this parcel: SLC Tax Collector's Office Download TRIM for this parcel: Download PDF Total Areas Finished/Under Air (SF): 0 Gross Sketched Area (SF): 0 Land Size (acres): 10 Land Size (SF): 435,600 Building Design Wind Speed Occupancy Category I II III & IV Speed 140 160 170 Sources/links: Sale History Date Book/Page Sale Deed Grantor Code Dec 30, 2015 3942 / 0117 0311 QC Sun Gloiy Inc Mar 10, 2014 3612 / 0763 0312 WD Tcoast Holdings LLC May 11, 2009 3107 / 0152 0312 CT Lennard Trails LLC Sep 23, 2005 2378 / 0197 XX03 WD Bessemer William K Apr 1, 1980 0331 / 2314 XX00 CV Dec 1, 1974 0236 / 2540 XX00 CV Building Information (1 of 1) Finished Area: 0 SF Gross Sketched Area: 0 SF Exterior Data View: Roof Cover: Roof Structure: Building Type: Year Built: N/A Frame: Grade: Effective Year: N/A Primary Wall: Story Height: No. Units: 0 Secondary Wall: Price $100 $162,400 $260,000 $100 $40,000 $9,700 Page 306 of 355 Interior Data Bedrooms: 0 Full Baths: 0 Half Baths: 0 A/C %: 0% Electric: Heat Type: Heat Fuel: Heated %: N/A% Sketch Area Legend Sub Area Description Area Fin. Area Perimeter Type Current Values Breakdown Building: $0 Land: $143,800 Just/Market: $143,800 Ag Credit: $0 Save Our Homes or $19,938 10% Cap: Assessed: $123,862 Exemption(s): $0 Taxable: $123,862 Special Features and Yard Items Primary Int Wall: Avg Hgt/Floor: 0 Primary Floors: Sprinkled %: 0% Qty Units Year Blt Current Year Values Current Year Exemption Value Breakdown Current Year Special Assessment Breakdown This does not necessarily represent the total Special Assessements that could be charged against this property. The total amount charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tax Collector's Office ©. Historical Values Page 307 of 355 Year Just/Market Assessed Exemptions Taxable 2021 $143,800 $123,862 $0 $123,862 2020 $115,800 $112,602 $0 $112,602 2019 $115,800 $102,366 $0 $102,366 2018 $123,800 $93,060 $0 $93,060 Permits Number Issue Date Description Amount Fee Notice: This does not necessarily represent all the permits for this property. Click the following link to check for additional permit data in Saint Lucie County All information is believed to be correct at this time, but is subject to change and is provided without any warranty. © Copyright 2021 Saint Lucie County Property Appraiser. All rights reserved. Page 308 of 355 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Site Address: TBD Sec/Town/Range: 23/36S/40E Parcel ID: 3414-501-0605-000-9 Jurisdiction: Saint Lucie County Ownership Multi Media Concepts Inc 4300 Biscayne BLVD Ste 305 Miami, FL 33137-3255 Property Identification Use Type: 0000 Account #: 40703 Map ID: 34/23N Zoning: RM-5 - Con Legal Description ST LUCIE GARDENS 23 36 40 BLK 2 LOT 5 (MAP 34/23N) (OR 3942-117) Current Values .lust/Market Value: $25,000 Assessed Value: $24,090 Exemptions: $0 Taxable Value: $24,090 Property taxes are subject to change upon change of ownership. • Past taxes are not a reliable projection of future taxes. • The sale of a property will prompt the removal of all exemptions, assessment caps, and special classifications. Taxes for this parcel: SLC Tax Collector's Office 12 Download TRIM for this parcel: Download PDF 19 Total Areas Finished/Under Air (SF): 0 Gross Sketched Area (SF): 0 Land Size (acres): 10 Land Size (SF): 435,600 Building Design Wind Speed Occupancy Category I II III & IV Speed 140 160 170 Sources/links: Sale History Date Book/Page Sale Deed Grantor Code Dec 30, 2015 3942 / 0117 0311 QC Sun Gloiy Inc Mar 10, 2014 3612 / 0763 0312 WD Tcoast Holdings LLC May 11, 2009 3107 / 0152 0312 CT Lennard Trails LLC Sep 23, 2005 2378 / 0197 XX03 WD Bessemer William K Jun 1, 1981 0357 / 2546 XX00 CV Building Information (1 of 1) Finished Area: 0 SF Gross Sketched Area: 0 SF Exterior Data View: Roof Cover: Roof Structure: Building Type: Year Built: N/A Frame: Grade: Effective Year: N/A Primary Wall: Story Height: No. Units: 0 Secondary Wall: Price $100 $162,400 $260,000 $100 $52,500 Page 309 of 355 Interior Data Bedrooms: 0 Electric: Primary Int Wall: Full Baths: 0 Heat Type: Avg Hgt/Floor: 0 Half Baths: 0 Heat Fuel: Primary Floors: A/C %: 0% Heated %: N/A°/, Sprinkled %: 0% Sketch Area Legend Sub Area Description Area Fin. Area Perimeter Special Features and Yard Items Type Qty Units Year Blt Current Year Values Current Values Breakdown Current Year Exemption Value Breakdown Building: $0 Land: $25,000 Just/Market: $25,000 Ag Credit: $0 Save Our Homes or $910 10% Cap: Assessed: $24,090 Exemption(s): $0 Taxable: $24,090 Current Year Special Assessment Breakdown This does not necessarily represent the total Special Assessements that could be charged against this property. The total amount charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tax Collector's Office ©. Historical Values Page 310 of 355 Year Just/Market Assessed Exemptions Taxable 2021 $25,000 $24,090 $0 $24,090 2020 $21,900 $21,900 $0 $21,900 2019 $21,900 $21,900 $0 $21,900 2018 $22,800 $20,240 $0 $20,240 Permits Number Issue Date Description Amount Fee Notice: This does not necessarily represent all the permits for this property. Click the following link to check for additional permit data in Saint Lucie County All information is believed to be correct at this time, but is subject to change and is provided without any warranty. © Copyright 2021 Saint Lucie County Property Appraiser. All rights reserved. Page 311 of 355 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Site Address: TBD Sec/Town/Range: 23/36S/40E Parcel ID: 3414-501-0608-000-0 Jurisdiction: Saint Lucie County Ownership Multi Media Concepts Inc 4300 Biscayne BLVD Ste 305 Miami, FL 33137-3255 Legal Description Property Identification Use Type: 0000 Account #: 40706 Map ID: 34/23N Zoning: RM-5 - Con ST LUCIE GARDENS 23 36 40 BLK 2 N 1 /2 OF LOT 8 - LESS THAT PART MPDAF: BEG NW COR OF LOT 8, TH N 89 55 17 E ALG N Ll OF LOT 130 FT, TH S 00 15 06 E 331.67 FT, TH S 89 56 10 W 130 FT TO W LI OF SEC, TH N 00 15 06 W ALG W LI 331.63 FT TO POB - (4.01 AC) (MAP 34/23N) (OR 3942-117) Current Values .lust/Market Value: $62,500 Assessed Value: $5L096 Exemptions: $0 Taxable Value: $51,096 Property taxes are subject to change upon change of ownership. • Past taxes are not a reliable projection of future taxes. • The sale of a property will prompt the removal of all exemptions, assessment caps, and special classifications. Taxes for this parcel: SLC Tax Collector's Office 12 Download TRIM for this parcel: Download PDF 19 Total Areas Finished/Under Air (SF): 0 Gross Sketched Area (SF): 0 Land Size (acres): 4.01 Land Size (SF): 174,675 Building Design Wind Speed Occupancy Category I II III & IV Speed 140 160 170 Sources/links: Sale History Date Book/Page Sale Deed Grantor Code Dec 30, 2015 3942 / 0117 0311 QC Sun Gloiy Inc Mar 10, 2014 3612 / 0763 0312 WD Tcoast Holdings LLC May 11, 2009 3107 / 0152 0312 CT Lennard Trails LLC Sep 20, 2005 2378 / 0198 XX02 WD Lennard Trails LLC Apr 1, 1983 0399 / 0067 XX01 CV Dec 1, 1974 0235 / 0073 XX00 CV Building Information (1 of 1) Finished Area: 0 SF Gross Sketched Area: 0 SF Exterior Data View: Roof Cover: Roof Structure: Building Type: Year Built: N/A Frame: Grade: Effective Year: N/A Primary Wall: Story Height: No. Units: 0 Secondary Wall: Price $100 $162,400 $260,000 $3,534,000 $43,000 $5,400 Page 312 of 355 Interior Data Bedrooms: 0 Full Baths: 0 Half Baths: 0 A/C %: 0% Electric: Heat Type: Heat Fuel: Heated %: N/A% Sketch Area Legend Sub Area Description Area Fin. Area Perimeter Type Current Values Breakdown Building: $0 Land: $62,500 Just/Market: $62,500 Ag Credit: $0 Save Our Homes or $11,404 10% Cap: Assessed: $51,096 Exemption(s): $0 Taxable: $51,096 Special Features and Yard Items Primary Int Wall: Avg Hgt/Floor: 0 Primary Floors: Sprinkled %: 0% Qty Units Year Blt Current Year Values Current Year Exemption Value Breakdown Current Year Special Assessment Breakdown This does not necessarily represent the total Special Assessements that could be charged against this property. The total amount charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tax Collector's Office ©. Historical Values Page 313 of 355 Year Just/Market Assessed Exemptions Taxable 2021 $62,500 $51,096 $0 $51,096 2020 $50,400 $46,451 $0 $46,451 2019 $50,400 $42,229 $0 $42,229 2018 $50,700 $38,390 $0 $38,390 Permits Number Issue Date Description Amount Fee Notice: This does not necessarily represent all the permits for this property. Click the following link to check for additional permit data in Saint Lucie County All information is believed to be correct at this time, but is subject to change and is provided without any warranty. © Copyright 2021 Saint Lucie County Property Appraiser. All rights reserved. Page 314 of 355 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Property Identification Site Address: TILTON RD Sec/Town/Range: 23/36S/40E Parcel ID: 3414-501-0608-150-6 Jurisdiction: Saint Lucie County Ownership Dybra PSL Development LLCs % PKA Orlando Inc 529 Versailles Dr Ste 210 Maitland, FL 32751 Legal Description 23 36 40 ST LUCIE GARDENS BLK 2 S 1/2 OF LOT 8 AND ALL OF LOTS 9, 10 AND 11-LESS RD R/W AND LESS THAT PARCEL MPDAF:THAT PART OF LOTS 9 AND 10, MPDAF:FROM SW COR OF NW 1/4 OF SEC 23,TH N 00 15 06 W ALG W LI OF SEC 40.00 FT TO N R/W LI OF TILTON RD,TH S 89 58 47 E ALG R/W Ll 15.00 FLTH N 00 15 06 W 34.15 FT TO CURVE CONC SE,R OF 815 FT AND POB,TH NE ALG ARC 183.15 FT,TH N 47 15 56 E 115.25,TH N 05 05 24 E 6696 FT TO CURVE CONC NE, R OF 1130 FT,TH NW ALG ARC 543.40 FT TO W LI OF LOT 9,TH S 00 15 06 E ALG W LOT Ll 777.25 FT TO POB AND LESS THAT PARCEL MPDAF:THAT PART OF LOT 10, MPD, FROM SW COR OF NW 1/4 OF SEC 23,TH N 00 15 06 W ALG W LI OF SEC 40.00 FT TO N R/W LI OF TILTON RD,TH S 89 58 47 E ALG R/W LI 151.08 FT TO POB, TH CONT S 89 58 47 E AUG R/W L1448.33 FT TO CURVE CONC NE, R OF 1130 FT, TH NW ALG ARC 274.35 FT,TH S 89 29 50 W 67.37,TH S 47 15 56 W 115.03 FT TO CURVE CONC SE, R OF 685 FT, TH SW ALG ARC 105.20 FT TO N R/W LI OF TILTON RD AND POB AND LESS THAT PARCEL MPDAF: BEG SW COR OF NW 1/4 OF SEC, TH N 00 15 06 W 40 FT, TH S 89 58 47 E 15 FT TO POB, TH N 00 15 06 W 34.15 FT TO CURVE CONC TO SE R OF 815 FT NE ALG ARC 183. IS FT, TH N 47 15 56 E 115.25 FT, TH N 05 05 24 E 66.96 FT TO CURVE CONC NE R 1130 FT NW ALG ARC 543.40 FT, TH N 00 15 06 W 806.77 , TH N 89 57 02 E 115 FT, S 00 15 06 E 622.86 FT, TH N 88 28 51 E 56.48 FT, TH S 35 1146 E 272.46 FT, TH S 52 2126 E 35.43 FT, TH S 25 57 51 E 44.03 FT, TH S 61 57 44 E 184.38 FT, TH S 33 15 41 E 35.45 FT, TH S 01 55 46 E 116.06 FT, TH S 23 30 08 E 108.92 FT TO CURVE CONC NE R 272.68 FT, TH SE ALG ARC 108.92 FT TO CURVE CONC NE R 272.68 FT, TH SE ALG ARC 180.37 FT TO CURVE CONC NE R 859.86 FT, TH SE ALG ARC 106.85 FT, TH S 30 19 34 E 58.95 FT, TH S 16 39 35 W 101.74 FT TO CURVE CONC NE R 1000 FT, TH SE ALG ARC 155.96 FT, TH S 00 12 42 E 9.21 FT, TH N 89 58 47 W 391.85 FT TO CURVE CONC NE R 1130 FT, TH NW ALG ARC 274.35 FT, TH S 89 29 50 W 67.37 FT, TH S 47 15 56 W 115.03 FT TO CURVE CONC SE R 685 FT, TH SW AUG ARC 105.20 FT, TH N 89 58 47 W 136.08 FT TO POB-(20.54 AC) (MAP 34/23N) (OR 1919-1861) Current Values Just/Market Value: $401,000 Assessed Value: $314,050 Exemptions: $0 Taxable Value: $314,050 Property taxes are subject to change upon change of ownership. • Past taxes are not a reliable projection of future taxes. • The sale of a property will prompt the removal of all exemptions, assessment caps, and special classifications. Taxes for this parcel: SLC Tax Collector's Office Download TRIM for this parcel: Download PDF Use Type: 9900 Account #: 40707 Map 1D: 34/23N Zoning: RM-5 - Con Total Areas Finished/Under Air (SF): 0 Gross Sketched Area (SF): 0 Land Size (acres): 20.54 Land Size (SF): 894,722 Building Design Wind Speed Occupancy Category I II III & IV Speed 140 160 170 Sources/links: Sale History Date Book/Page Sale Deed Grantor Code Price Page 315 of 355 Mar 8, 2004 1919 / 1861 XX00 WD $1,105,000 Dec 1, 1983 0420 / 0891 XX00 CV $35,000 Dec 1, 1982 0393 / 1077 XX00 CV $37,000 Feb 1, 1975 0236 / 2544 XX00 Cv $5,400 Building Information (1 of 1) Finished Area: 0 SF Gross Sketched Area: 0 SF Exterior Data View: Roof Cover: Roof Structure: Building Type: Year Built: N/A Frame: Grade: Effective Year: N/A Primary Wall: Story Height: No. Units: 0 Secondary Wall: Interior Data Bedrooms: 0 Electric: Primary Int Wall: Full Baths: 0 Heat Type: Avg Hgt/Floor: 0 Half Baths: 0 Heat Fuel: Primary Floors: A/C %: 0% Heated %: N/A% Sprinkled %: 0% Sketch Area Legend Sub Area Description Area Fin. Area Perimeter Special Features and Yard Items Type Qty Units Year Bit Current Year Values Current Values Breakdown Current Year Exemption Value Breakdown Building: $0 Land: $401,000 .lust/Market: $401,000 Ag Credit: $0 Save Our Homes or $86,950 10% Cap: Assessed: $314,050 Exemption(s): $0 Taxable: $314,050 Current Year Special Assessment Breakdown This does not necessarily represent the total Special Assessements that could be charged against this property. The total amount charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tax Collector's Office ©. Page 316 of 355 Historical Values Year Just/Market Assessed Exemptions Taxable 2021 $401,000 $314,050 $0 $314,050 2020 $321,500 $285,500 $0 $285,500 2019 $306,400 $259,545 $0 $259,545 2018 $317,200 $235,950 $0 $235,950 Permits Number Issue Date Description Amount Fee Notice: This does not necessarily represent all the permits for this property. Click the following link to check for additional permit data in Saint Lucie County All information is believed to be correct at this time, but is subject to change and is provided without any warranty. © Copyright 2021 Saint Lucie County Property Appraiser. All rights reserved. Page 317 of 355 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 4257183 OR BOOK 3942 PAGE 117, Recorded 12/13/2016 10:54:18 AM Doc Ta $0.70 Prepared by: Sun Glory, Inc. 1504 SE Village Green Dr. Port St. Lucie, Florida 34952 QUIT -CLAIM DEED Made this 30 day of December, 2015, A.D. By SUN GLORY INC., a Florida Corporation Whose post office address is: 1504 SW Village Green Dr., Port St. Lucie, FL 34952, as grantor, To MULTI MEDIA CONCEPTS INC., a Florida Corporation Whose post office address is: 4300 BISCAYNE BLVD., Suite 305, Miami, FL 33137, as grantee, WITNESSETH, that the grantor, for and in consideration of the sum of TEN AND NO/100 U.S. DOLLARS ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to, all that certain land situate in St. Lucie County, Florida, to -wit: Parcel 1 ST LUCIE GARDENS 23 36 40 BLK 2 LOT 5 & 6 Parcel ID:3414-501-0606-000-6 and Parcel ID.3414-501-0605-000-9 Parcel 2 ST LUCIE GARDENS 23 36 40 BLK 2 N 1/2 OF LOT 8 - LESS THAT PART MPDAF. BEG NW COR OF LOT 8, TH N 89 55 17 E ALG N Ll OF LOT 130 FT, TH S 00 15 06 E 331.67 FT, TH S 89 56 10 W 130 FT TO W Li OF SEC, TH N 00 15 06 W ALG W LI 331.63 FT TO POB - (4.01 AC) (MAP 34/23N) (OR 3612- 763). Parcel ID: 3414-501-0608-000-0 SAID PROPERTY IS NOT THE HOMESTEAD OF THE GRANTOR UNDER THE LAWS AND CONSTITUTION OF THE STATE OF FLORIDA IN THAT NEITHER GRANTOR NOR ANY MEMBER OF THE HOUSEHOLD OF GRANTOR RESIDES THEREON. TOGETHER with all the tenements, hereditamcnts and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the only proper use, benefit and behalf of the said grantee forever. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed a elivered in our presence: Signature Witness Printed Name: :r7w11 � �. -, -, - - , '/""' /,-, el' Signature Printed Name: Beverly Cibulsky, as president of Sun Glory, Inc. a Florida corporation 1 S Signature � L2A 11 t-t Witness Printed Name: J l�f- 104- WAN 70ANNE HOLMAN, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY File Number: 2366816 OR BOOK 1919 PAGE 1861 Recorded:03/15/04 08:30 Doc # 683405.2 Prepared by: * Doc Robert S. Raynes, Jr., Esq.. * Doc Gunster, Yoakley & Stewart, P.A. * In t 800 S.E. Monterey Commons Blvd. Suite 200 Stuart, FL 34996 Assume: $ 0.00 Tax : $ 7,735.00 Tax : $ 0.00 Property Tax I.D. #3414-501-0608-150/6 and 3414-501-0609-000/7 Tax ID Number of Grantee: WARRANTY DEED THIS WARRANTY DEED, made this t,4— day of March, 2004, by and between G.M.S.G.-PORT ST. LUCIE PARTNERS, LLP, a Florida limited liability partnership, formerly known as G.M.S.G.-PORT ST. LUCIE PARTNERS, a Florida general partnership, whose address is 6645 Casa Grande Way, Delray Beach, FL 33446-2346 ("Grantor"), and DYBRA PSL DEVELOPMENT LLC, a Florida limited liability company, whose address is 2300 Lee Road, Winter Park, FL 32789, ("Grantee"). WITNESSETH: THAT Grantor, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains and sells to Grantee, its heirs, successors and assigns forever, the following described real property (the "Property"), situated in St. Lucie County, Florida, which is more particularly described on Exhibit "A" attached hereto and made a part hereof. SUBJECT TO: 1. Real estate taxes and assessments for the year 2004 and subsequent years. 2. Restrictions, reservations, limitations, easements of record, which reference shall not operate to reimpose the same, and zoning ordinances and other land use regulations affecting said property, if any. TO HAVE AND TO HOLD the said Property in fee simple forever, together with all the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that it has good right and lawful authority to sell and convey the Property; and that it warrants the title to said Property and will defend the same against the lawful claims of any persons whomsoever. Stuart 193295.1 Page 319 of 355 OR BOOK 1919 PAGE 18621 IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed the day and year first above written. Signed, sealed and delivered in the presence of: Print game: ;7 Print Name: e5ocv 114cz xA I STATE OF FLORIDA COUNTY OF PALM BEACH i-010m.) V60 WWI FRTI ra IF-10 I I R.1 The foregoing instrument was acknowledged before me this � day of March, 2004, by Robert M. Glasser, M.D., as Managing Partner of G.M.S.G.-PORT ST. LUCIE PARTNERS, LLP, a Florida limited liability partnership, formerly known as G.M.S.G.-PORT ST. LUCIE PARTNERS, a Florida general partnership, on behalf of said limited liability partnership. He is personally known to me, or has produced as identification. (NOTARIAL SEAL) Print or Stamp Name: Notary Public - State of Florida Gary MazzaferrO My commission expires: Commission #DD248574 Commission Number: ExpiresBo:ndSed"epru 09,2007 Atlantic Bonding Co., Inc. Stuart 193295.1 2 Page 320 of 355 8P BOOK 1919 PAGE 1863 EXHIBIT "A" Legal Description The South V2 of Lot 8 and all of Lots 9, 10 and 11, Block 2, ST LUCIE GARDENS, located in Section 23, Township 36 South, Range 40 East, according to the Plat thereof, recorded in Plat Book 1, Page 35, of the Public Records of St. Lucie County, Florida, LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: PARCEL B: THAT PORTION OF LOTS 9 AND 10, BLOCK 2, ST. LUCIE GARDENS, LOCATED IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 35, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING -_.AT A. 518 INCH IRON ROD AND CAP STAMPED 113 1221 " MARKING, THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA THENCE NORTH 00 DEGREES 15 MINUTES 06 SECONDS WEST ALONG THE WEST LINE OF SAID QUARTER, A DISTANCE OF 40.00 FEET, THENCE DEPARTING SAID WEST LINE RUN SOUTH 89 DEGREES 58 MINUTES 47 SECONDS EAST ALONG THE EASTERLY EXTENSION OF THE NORTH RIGHT-OF—WAY OF TILTON ROAD A DISTANCE OF 15.00 FEET TO THE WEST LINE OF THE AFORESAID LOT 10, THENCE NORTH 00 DEGREES 15 MINUTES 06 SECONDS WEST ALONG SAID WEST LOT LINE A DISTANCE OF 34.15 FEET TO THE POINT OF BEGINNING, BEING A NON —TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 815.00 FEET, A, CENTRAL ANGLE OF 12 DEGREES 52 MINUTES 40 SECONDS, A CHORD BEARING OF NORTH 40 DEGREES 49 MINUTES 36 SECONDS EAST, AND A CHORD LENGTH OF 182.79 FEET; THENCE FROM A TANGENT BEARING OF NORTH 34 DEGREES 23 MINUTES 16 SECONDS EAST DEPARTING SAID WEST LOT LINE RUN NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 183.18 FEET TO THE POINT OF TANGENCY; THENCE NORTH 47 DEGREES 15 MINUTES 56 SECONDS EAST A DISTANCE OF 115.25 FEET; THENCE NORTH 05 DEGREES 05 MINUTES 24 SECONDS EAST A DISTANCE OF 66.96 FEET TO A NON —TANGENT POINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1130.0 FEET, A CENTRAL ANGLE OF 27 DEGREES 33 MINUTES 10 SECONDS, A CHORD BEARING OF NORTH 23 DEGREES 22 MINUTES 26 SECONDS WEST, AND A CHORD LENGTH OF 538.18 FEET, THENCE FROM A TANGENT BEARING OF NORTH 37 DEGREES 09 MINUTES O1 SECOND EAST RUN NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 543.40 FEET t0 THE WEST LINE OF THE AFORESAID LOT 9; THENCE SOUTH 00 DEGREES 15 MINUTES 06 SECONDS EAST ALONG SAID WEST LOT LINE A DISTANCE OF 777.25 FEET TO THE POINT OF BEGINNING. CONTAINING 1.72 ACRES, MORE OR LESS. (continued on next page) Stuart 194594.1 Page 321 of 355 �u_,..1. �..a�.�,s v'Y �i.x.ua...x. s.,..ist -... i... ..�.�ea r - a�.,_ �,�ya.,�,.r ..,_..:.,. ....___. ...�.,,.�..._..�...�34,La.rar.�,"53�w„r. .s.x�:.�...�,�.a. yc:�sb.�...:._ ..,.tea :.�v�. ._.r�.,.�i ¢-:�...._.. •,�rn'•.::� OFF BOOK 1919 PAGE 1864 AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: PARCEL C.- THAT PORTION OF LOT 10, BLOCK 2, ST. LUCIE GARDENS, LOCATED IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS RECORDED 1N PLAT BOOK 1, PAGE 35, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 518 INCH IRON ROD AND CAP STAMPED "LB 1221 " MARKING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA THENCE NORTH 00 DEGREES 15 MINUTES 06 SECONDS WEST ALONG THE WEST LINE OF SAID QUARTER, A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID WEST LINE RUN SOUTH 89 DEGREES 58 MINUTES 47 SECONDS EAST ALONG THE NORTH RIGHT—OF—WAY OF TILTON ROAD AND ITS EASTERLY EXTENSION A DISTANCE OF 151.08 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 89 DEGREES 58 MINUTES 47 SECONDS EAST ALONG SAID NORTH RIGHT—OF—WAY A DISTANCE OF 448.33 FEET TO A NON —TANGENT POINT ON A, CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF1130.0 FEET, A CENTRAL ANGLE OF 13 DEGREES 54 MINUTES 39 SECONDS, A CHORD BEARING OF SOUTH 55 DEGREES 17 MINUTES 25 SECONDS EAST, AND A CHORD LENGTH OF 273.68 FEET; THENCE FROM A TANGENT BEARING OF NORTH 62 DEGREES 14 MINUTES 45 SECONDS WEST DEPARTING SAID NORTH RIGHT—OF—WAY RUN NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 274.35 FEET, THENCE SOUTH 89 DEGREES 29 MINUTES 50 SECONDS WEST A DISTANCE OF 67.37 FEET: THENCE SOUTH 47 DEGREES 15 MINUTES 56 SECONDS WEST A DISTANCE OF 115.03 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 685.0 FEET, A CENTRAL ANGLE OF 08 DEGREES 47 DEGREES 57 SECONDS, A CHORD BEARING OF SOUTH 42 DEGREES 51 MINUTES 58 SECONDS WEST, AND A CHORD LENGTH OF 105.09 FEET, THENCE FROM A TANGENT BEARING OF SOUTH 47 DEGREES 15 MINUTES 56 SECONDS WEST RUN SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 105.20 FEET TO THE POINT OF BEGINNING. CONTAINING 0.90 ACRE, MORE OR LESS. Stuart 194594.1 Page 322 of 355 -- ��,.• _��:.._a� . :._� ....���.� .�, ::,.,.._._..��, :•�.,,,:��,�..�:�.�._:..� .._mot; _�..�::_�... �...,...._:.�:���.. ....,��<< .._��;� _..__.�.�.,._:,,.a.....�._ir, Cl) O H a W J W wva w liNlivauivu vl iiuiL P P-iP v 0 w J W W _ � o 0 Z a 1H913H 319VAAC 3OOb JO 1NIOd41W Ol Z O H a W J W _v H a w J W N W r) m Z O w J W W m m (MD z a z LU In Cl) 0 O am OE :D Om 0 LL. cn ui z z < F- = U F- z z Ui M z 5 D m m p R z 0 a < Z Z- 5 m M 0 U- < U- 2 zo um ui o z -03 53 + < -3mommm %..- 04 LL- Zx it <a-za-Z 0 wbEoEmm -T 0 woo OjEOG3 w fL fL m m + 0 bA _j Z L;l w z Li -T!� m< m A 40 CL mM a W z O p Q U O J Nw N zJQMWW O� W W U? QJJ F M W� aNN Q0�LL za �o a000 Zo �0Q o� WY La 0 tai)�?,'0 vom Ja 02(no-z Zm viW tDZU �0 M- U Za W �a d0wm MZ dW To<m LLFNwaa <0 mW 0 gOHW 0-WFF Wz NO JU W /\ 0 d00 ZIi00)) Lwa 00xM N0 w FWww Nw z Q� Wwoo N Q YF U O a U -0 O - 0 qF mJ a W �mL.iJWc:� 0� aJN N-j �W cc o < (Oa OF-oo MZMoom Fa z 0� �/ aPJpl Z 2p d LL.Ln !N W " O H Z OC9lil Z p mor HW oz OVo( IiOC� Mw oUU J JaUf CNm , W- Za-Vj52 OHWI (AUK FLL FwJO QwJww a U a.WW0W00 yA N� �UNz °DQ(ni W Ya 0 W zJzO U O a~UIr J LL. mF Qaw13 oowi J UW- N�UI �Mml a0~ JOmOJ QZ WZdmW o�! ♦R W coi �a» ei J 0U 0LL.LL.00 JQ 00000 W zOL�I rRO. Z Z Ne a IL Z O a M cc O LL m w M a M 2 p M :f= Yz x ..a J W �N Z O N Q�ZNQU=�WQ O z O a �p2Q�<MW z z z = Z WQ}Wa�W0j< z z ~� o Wop�`'=�'<aaisa a FMCLwWa.Q�NQ N M to t0 I- 00 O W 0 0_ a a O U) O W N 0_Za� �O�Ua .�i.NizOOLa.J�fnJ N O Z Z z W Vol a' U \ z N W Z Z O3 a m N N p to W ^ U v Q Z W U Z O � W W o_ O a O O ZVol W W 0 � V'SQ O m in fn U Q Iq 0 O p J O m M O = O x x X a Q Q 00 CA U ^_ Q z Z Z Z Z z fN w N W in U Q W W W W N w L` (j aif) o0 La. LL. LL. LL O Ix 0 � ^ � o w n La. d 0: W ^ w Z ix O � U Q W N W ~LL� ~LL� ~ ~ v O LL- l2 l2 L` O L� w Ck:d O O O 00 — O O O N O J \ O LL. W IM p v Lw W � � O I w oa z 0 U W ON le U U w v� W U Q Q J F �Q Q zo w w H O Zi H � N N c� Z N O W� O O z w Q Lai ~ m ? OJ Vl w m J > W JW Z Z O � > w ap Q a F z O ix O Q N M L0 to I- O O N J N W W w �ZO W o aF� p OL. d W L II 12wLL NV) N AWN QO OFF VW * Z W �U) W JO00 mO w no oo: M Oa J O�al J UQ OOQ Wp x 0 LLJ o oa J (n Z WLa.N �0 p0 W Z HWU 0� m WQQ 0 �w00 z p�+l O U M J F Q W az + DO W QaJ UW z W �' Q 0Fr W �LLj Q W 0 J T O O�O H O �U a �� N �aaa Wz as zQ o_ O J Q O W a JH U ZH = Op W W z o z— H m OZ U)W W Wa3OQ U J�Oj jap Q Nam-J mQ �.: pFro QJ Q w U >p0OW�=Q QXaa�(nmU �QNMLLW LU .. m ..a O a vm J D m Ir 0 LL 0 Z U 0- 0 Z J MD W ru II J D m L;A w w Q Q 0 LL (n W w J Q Q ir H it a a LLI o � w S 5 W w A R m R C9 O z z 9 9 m m o P z z 0 A Q A �� z 5= m Zm°w°wo a w O Z 0 0 0 Z�al�alZZ w F > U > —j m O O w O> � mommm zazaz00 NLFOF== L porn U500 OOww a�ax= Z J U U 0 J J x x 5 7.04.00. AREA, YARD, HEIGHT, AND OPEN SPACE REQUIREMENTS 7.04.01. Requirements. A. Density, Height and Lot Coverage - General. Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is greater than the maximum density, the maximum height, or the maximum lot coverage requirement shown in Table 7-10 for the Zoning District in which it is located. B. Area, Width and Yard Requirements - General. Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is less than the minimum lot area, minimum lot width, and minimum yard requirement as shown in Table 7-10 for the zoning district in which it is located, except that unsupported roof overhangs may encroach up to thirty (30) inches within any required yard setback area. This provision does not supersede the restrictions of Section 7.10.16(Q)(1)(a) of this Code. C. Minimum Building/Structure Elevation. The minimum first floor elevation of all residential buildings shall be as follows: For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined, all buildings shall be elevated as follows: A minimum of thirty-six (36) inches above the adjacent average natural grade, or eighteen (18) inches above the crown of any adjacent roadway, whichever is greater; or As determined by a sub -basin drainage study for the proposed development meeting the requirements of a stormwater permit as set forth in Chapter VII. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway. Habitable/non-residential buildings shall comply with the following standards: (Supp. No. 19) For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined, all buildings shall be elevated as follows: A minimum of thirty-six (36) inches above the adjacent average natural grade, or eighteen (18) inches above the crown of any adjacent roadway, whichever is greater; or As determined by a sub -basin drainage study for the proposed development meeting the requirements of a stormwater permit as set forth in Chapter VII. Created: 2021-06-14 10:35:51 [EST] Page 1 of 9 Page 330 of 355 For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway. When topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Growth Management Director shall grant relief from the provisions of this subsection, consistent with Flood Protection regulations. For non-habitable/non-residential structures, when topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Growth Management Director may grant relief from the provisions of this Code, consistent with the intent of the Flood Protection regulations and any other applicable portion of this Code. D. Filled Land. Any filled land created in the unincorporated area of St. Lucie County shall be filled so that the settled elevation of such land shall be at least five (5) feet above mean sea level (MSL), as measured by U.S.C. and G.S. Datum. No trees, vegetation, organic materials, or garbage shall be used as fill material in the unincorporated area of St. Lucie County for the purpose of raising the existing grade of any land on which construction is intended. The disposal of all trees, vegetation, organic material, and garbage shall be in accordance with applicable St. Lucie County Regulations. Where fill is used, the owners of the property on which the fill is being located, shall be responsible for assuring adequate drainage so that the immediate community will not be adversely effected. Non -Residential Buildings on Farms. Any person erecting a nonresidential farm building on a farm shall be required to obtain a Certificate of Zoning Compliance prior to construction showing that the structure meets the setback requirements shown in Table 7-10 for the zoning district in which it is located. (Supp. No. 19) Created: 2021-06-14 10:35:51 [EST] Page 2 of 9 Page 331 of 355 TABLE 7-10 LOT SIZE AND DIMENSIONAL REQUIREMENTS Zoning Maximum Minimum Minimum Minimum Minimum Yard Max. Max. Lot District Gross Lot Size Lot Road Hht. Coverage Front Rear Side Side @ Density (sf) Width Frontage corner by (Du/Ac) Buildings (a) AR-1 AGRICULTURAL 1 43,560 150 30 50 30 20 30 35 20% RESIDENTIAL RE-1 RESIDENTIAL, 1 43,560 150 30 50 30(g) 20 30 35 20% ESTATE - 1 RE-2 RESIDENTIAL, 2 17,500 100 100 25(1) 15(1) 10(1) 20(1) 35 20% ESTATE - 2 RS-2 RESIDENTIAL, 2 15,000 100 30 25(1) 15(g)(1) 10(1) 20(1) 35 20% SINGLE-FAMILY- 2 RS-3 RESIDENTIAL, 3 10,000 75 30 25(I) 15(g)(1) 10(I) 20(I) 35 30% SINGLE-FAMILY- 3 RS-4 RESIDENTIAL, 4 10,000 75 30 25(1) 15(g)(1) 7.5(I) 20(1) 35 30% SINGLE-FAMILY- 8,000(f) 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% 4 RMH-5 RESIDENTIAL, 5 10,000 75 30 25(1) 15(1) 10(1) 20(1) 35 35% MOBILE HOME - 5 RM-5 RESIDENTIAL, 5 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% MULTIPLE FAMILY-5 SINGLE-FAMILY 10,000 75 30 25(I) 15(g)(1) 7.5(I) 20(I) 35 30% DEVELOPMENT 8,000(f) 75 30 25(I) 15(g)(1) 7.5(I) 20(I) 35 30% LOT RM-7 RESIDENTIAL, 7 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% MULTIPLE FAMILY-7 SINGLE-FAMILY 10,000 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% DEVELOPMENT 8,000(f) 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% LOT RM-9 RESIDENTIAL, 9 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% MULTIPLE FAMILY-9 SINGLE-FAMILY 10,000 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% DEVELOPMENT LOT 8,000(f) 75 30 25(I) 15(g)(1) 7.5(I) 20(I) 35 30% RM-11 RESIDENTIAL, 11 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% MULTIPLE FAMILY - 11 SINGLE-FAMILY 10,000 75 30 25(I) 15(g)(1) 7.5(I) 20(I) 35 30% DEVELOPMENT LOT 8,000(f) 75 30 25(I) 15(g)(1) 7.5(I) 20(I) 35 30% RM-15 RESIDENTIAL, 15 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% MULTIPLE FAMILY - 15 SINGLE-FAMILY 10,000 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% DEVELOPMENT LOT 8,000(f) 75 30 25(1) 15(g)(1) 7.5(1) 20(1) 35 30% CN COMMERCIAL 10,000 75 60 25 20 10 20 35 50% NEIGHBORHOOD (Supp. No. 19) Created: 2021-06-14 10:35:51 [EST] Page 3 of 9 Page 332 of 355 CO COMMERCIAL 10,000 75 60 25 20 10 20 35 50% OFFICE CG COMMERCIAL (d) 20,000 100 60 25(b) 20(b) 10(b) 20(b) 60(b,i) 50% GENERAL CR COMMERCIAL (m) 217,800 100 60 25(b) 20(b) 10(b) 20(b) 60(b,i) 30% RESORT IL INDUSTRIAL 20,000 100 60 25 20 10 20 50(i) 50% LIGHT IH INDUSTRIAL 43,560 200 60 50 40 30 50 80(i) 50% HEAVY IX INDUSTRIAL 435,600 (c) (c) (c) (c) (c) (c) (c,i) (c) EXTRACTION U UTILITIES 43,560 200 60 40 30 20 20 40 30% AG-1 AGRICULTURAL- 1 43,560 150 60 50 30 20 30 80(i) 20%(j) 1 AG-2.5 AGRICULTURAL- .4 108,900 150 60 50 30 20 30 80(i) 15%(j) 2.5 AG-5 AGRICULTURAL- .2 217,800 150 60 50 30 20 30 80(i) 10%(j) 5 R/C RESIDENTIAL/ .2 217,800 150 60 50 30 20 30 80(i) 2% CONSERVATION Cpub CONSERVATION (k) (k) (k) 50 30 20 30 (k) (k) - Public I INSTITUTIONAL 20,000 100 60 25 20 20 20 40(e,i) 30% RF RELIGIOUS 20,000 100 60 25 20 20 20 40(i) 30% FACILITIES PUD PLANNED UNIT SEE SECTION 7.01.03 DEVELOPMENT PNRD PLANNED SEE SECTION 7.02.03 NON- RESIDENTIAL DEVELOPMENT PMUD PLANNED MIXED SEE SECTION 7.03.03 USE DEVELOPMENT HIRD HUTCHINSON SEE SECTION 3.01.03(AA) (b), (d), (i) ISLAND RESIDENTIAL DISTRICT NOTES: (a) Expressed as dwellings/per acre. (b) For three (3) or more dwelling units, motel, or hotel uses, use the building spacing formula identified in Section 7.04.03. (c) For Industrial extraction uses, refer to Mining Regulations, Section 6.06.00. (Supp. No. 19) Created: 2021-06-14 10:35:51 [EST] Page 4 of 9 Page 333 of 355 (d) Maximum net density of thirty-six (36) guest units/acre, except for North and South Hutchinson Island. For hotel/motel development density on North and South Hutchinson Island refer to Policy 1.1.10.2 of the St. Lucie County Comprehensive Plan. (e) All structures in excess of forty (40) feet shall comply with the provision of Section 7.04.03. (f) With central water. (g) For enclosed storage structures, greenhouses, child's playhouse and gazebos, this dimension may be reduced to five (5) feet. (h) Ten thousand (10,000) square foot lots permitted when use limitations consistent with the CN and CO zoning districts (see Section 3.01.03(Q) and (R). (i) For any development activity on Hutchinson Island, refer to Section 4.01.00, Hutchinson Island - Building Height Overlay Zone. (j) For aquaculture production activities, the maximum percentage of lot coverage by building is fifty percent (50%). All buildings are subject to meeting the applicable stormwater management standards and requirements of this code. For the purpose of this section, aquaculture means the cultivation of aquatic organism and aquacultural products as defined in F.S. Ch. 597.0015. (k) There shall be no minimum lot size required for the Cpub zoning district, however the minimum yard setback for any structures erected on any site zoned Cpub shall be as identified. (1) For accessible handicap ramps the required yard setback may be reduced to fifty percent (50%) of the minimum setback requirement. The accessible handicap ramp permitted under this amendment shall not have a roof or be enclosed and shall not provide for a deck or landing larger than is necessary to be in compliance with the Florida Accessibility Code for Building Construction. A Physician's Certification Form and proper Building Permit Application documentation is required. (m) Maximum hotel/motel density of thirty-six (36) guest units/acre. For hotel/motel projects containing condominium hotel units (as defined in the Land Development Code) the total number of hotel/motel units of any kind (including condominium hotel units) may not exceed 36 units per acre. (Ord. No. 08-025, Pt. A, 9-16-2008; Ord. No. 15-002, Pt. A, 4-7-2015 ; Ord. No. 2016-23 , Pt. A, 11-1-2016; Ord. No. 2020-23 , Pt. A, 8-4-2020) 7.04.02. Open Space Requirements. A. Purpose. The purpose of this Section is to provide standards for Open Space and Habitat Preserve areas within the areas designated for Agricultural Land Use under the St. Lucie County Comprehensive Plan. B. General Guidelines. The following activities and land uses may be counted toward open space: 1. Passive recreation areas. 2. Natural preserves, wetland and upland habitats, including those areas of on -site preservation required by the other provisions of this Code. 3. Required landscape and common areas. 4. Playgrounds and active recreation areas, but not including swimming pools, tennis courts and/or other impervious activity areas. (Supp. No. 19) Created: 2021-06-14 10:35:51 [EST] Page 5 of 9 Page 334 of 355 5. Golf courses. 6. Agricultural activities not involving any activities within an enclosed or covered structure. 7. Lakes, ponds, and waterways in private ownership, but available for use by the residents/occupants of the particular development. 8. Stormwater detention and retention facilities providing that no more than thirty percent (30%) of the overall open space requirement shall be satisfied in this manner. C. Open Space Standards in Agricultural Areas. (Reserved) D. Open Space Standards in Planned Unit Developments. Open space requirements, as a percentage of the total site, for all Planned Unit Developments shall be as set forth in Section 7.01.00. E. Open Space Standards in Planned Nonresidential Developments. Open space requirements, as a percentage of the total site, for all Planned Nonresidential Developments shall be as set forth in Section 7.02.00. F. Open Space Standards in Planned Mixed Use Developments. Open space requirements, as a percentage of the total site, for all Planned Mixed Use Developments shall be as set forth in Section 7.03.00. G. Open Space Standards in Planned Towns or Villages. Open space requirements for Planned Town or Villages shall be as set forth in Section 3.01.03.FF.2.b and 2.o. H. Open Space Standards in Planned Country Subdivisions. Open space requirements for Planned Country Subdivisions shall be as set forth in Section 3.01.03.GG.2.j. 7.04.03. Building Spacing Formula. A. Purpose. The purpose of this section is to insure the minimum distance between any multiple -family (except two- and three-family structures), hotel, or motel building, two (2) floors or greater in height, and any other building or any property line shall be regulated according to the length and height of such multiple -family, hotel, or motel building. B. Applicability. These requirements shall apply to all multiple -family dwellings, hotels, and motels, and to all accessory uses with two (2) or more floors that are customarily associated with and subordinate to the principal use. C. Maximum Horizontal Dimension. The maximum horizontal dimension of any building shall be three hundred (300) feet, including all deck areas and enclosed and covered walkways, as measured between the farthest points of such buildings. D. Formulas for Minimum Distance Between Buildings and Property Lines. Between Buildings. The formula regulating the required minimum distance between two (2) buildings (referred to as Building A and Building B) is as follows: D=[LA+LB+2(HA+H A/4 Between Building and Property Line. The formula regulating the required minimum distance between a building (referred to as Building A) and a property line is as follows: D = [L P L+ 2(H A )]/4 (Supp. No. 19) Created: 2021-06-14 10:35:51 [EST] Page 6 of 9 Page 335 of 355 FIGURE 7-7 BUILDING SPACING SPACING BETWEEN BUILDINGS THIS EXAMPLE ILLUSTRATES THE METHOD OF COMPUTING THE MINIMUM SEPERATION DISTANCE BETWEEN ANY TWO BUILDINGS LOCATED ON THE SAME COMMON DEVELOPMENT SITE. NOTES: --1/ La In the length of projection of Building "A" onto Building -B" when viewed at right angles from a vertical position above. For this example, 50 feet Is assumed. Lb Is the length of projection of Building "B" onto Building "A" when viewed at right angles from a vertical position above. For this example. 65 feet Is assumed He is the height of Building "A*. For this example. 100 feet is assumed. Hb Is the height of Building -B". For this example. 00 feet is assumed. Formula for determining the minimum distance between building "A" and building "B" L a (Supp. No. 19) D 50---l- - 65 -#- - 2( 100 ---#- 60") . .......... 4 E) =.-1A5---:t.--32-0-. 435-- 108.75' 4 4 Created: 2021-06-14 10:35:51 [EST] Page 7 of 9 Page 336 of 355 FIGURE 7-8 MIUILDING SPACING SPACING BETWEEN BUILDING AND PROPERTY LINE THIS EXAMPLE ILLUSTRATES THE METHOD OF COMPUTING THE MINIMUM SEPERATION DISTANCE BETWEEN ANY BUILDING AND ANY OUTISDE LOT OR SETBACK CONTROL LINE. 'w.,' building angle varies NOTES: LpL: is the length of projection of the Building onto any property line. He : is the height of Building "A". Building height is assumed to be 100 feet. Formula for determining the minimum side setback for Example #1 D _ _ LpL + 2( Ha). 4 D 75 + 2_( 100 _ _) 4 P- Formula for determining the minimum side setback for Example #2 D LpL 4-2( _Ha) 4 D 1.3 5 2_(_ 1 O 0) 4 D - . 1275, = 6 8.7 5' D = 3 45 = 8 3.7 5' 3. Formula Symbols and Definitions. The symbols used in the formula described in Section 7.04.03(D)(1) and (2) mean the following: 7.04.04. Base Building Line Setback Requirements. Base Building Lines are hereby established from which all front, side, and rear yard setbacks are to be measured. For all thoroughfares in St. Lucie County, the base building line dimension from centerline shall be in accordance with dimensions shown on the Base Building Line Information Chart. For all other roads not referenced in Table 7-11, the base building line dimension shall be thirty (30) feet. In any case, when a thoroughfare right-of- way from centerline is greater than the base building line dimension as hereby established, the right-of-way line shall serve as the basis on which to measure front, side, and rear yard setbacks. TABLE 7-11 (Supp. No. 19) Created: 2021-06-14 10:35:51 [EST] Page 8 of 9 Page 337 of 355 BASE BUILDING SETBACK LINE (ALL DISTANCES EXPRESSED IN FEET) Roadway Segment Existing R/W Ultimate R/W Base Building Line South US #1 (SR 5) Ft. Pierce C/L to Martin County Line 120 200 100 North US #1 (SR 5) Ft. Pierce C/L to Indian River Line 200 200 100 SR A-1-A Indian River Line to Martin County Line 100 100 50 SR 70 (Okeechobee Rd) Ft. Pierce C/L to Okeechobee County Line 66/200 200 100 SR 68 (Orange Avenue) Ft. Pierce C/L to Kings Highway 80/120 120 60 CR 68 (Orange Avenue) Kings Highway to Okeechobee County Line 66/200 200 100 SR 713 (No. Kings Highway) Orange Avenue to St. Lucie Blvd. (CR 608) 50/60 130 65 St. Lucie Blvd. (CR 608) to Indrio Rd (CR 614) 50/60 200 100 Indrio Rd (CR 614) to No. US #1 (SR 5) 100 130 65 SR 713 (So. Kings Highway) Orange Avenue to Okeechobee Road (SR 70) 50/60 130 65 Indrio Road (CR/SR 614) No. US #1 (SR 5) to Emerson Avenue 40/100 130 65 Emerson Avenue to I-95 (SR 9) 40/100 200 100 No. 25th Street (SR 615) Ft. Pierce C/L to Industrial Ave. #3 60/100 130 65 Industrial Ave. #3 to No. US #1 0 200 100 So. 25th Street (SR/CR 615) Virginia Avenue to Edwards Road 60 120 60 Edwards Road to Port St. Lucie C/L 60/120 120 60 West Midway Road (CR 712) So. US #1 to Oleander Avenue 80 100 50 Oleander Avenue to So. 25th St. (CR 615) 80/100 100 50 So. 25th St. (CR 615) to 1-95 (SR 9) 80 120 60 Edwards Road (CR 611) So. US #1 (SR 5) to So. Jenkins Road 80 100 50 No. Jenkins Road (CR 611- A) Orange Avenue to St. Lucie Boulevard 0/120 120 60 So. Jenkins Road (CR 611- A) Orange Avenue to West Midway Road 0/80 120 60 St. Lucie Boulevard (CR 608) No. US #1 to Industrial 33rd St. 60 120 60 Industrial 33rd St. to No. Kings Highway 80/100 200 100 No. Kings Highway to Shinn Road 0 270 135 (Supp. No. 19) Created: 2021-06-14 10:35:51 [EST] Page 9 of 9 Page 338 of 355 10.01.01. General. A. Authority. Unless otherwise provided for in this Code, the Board of Adjustment shall have authority to grant variances from the dimensional requirements of this Code, in accordance with the standards and procedures set forth in this section. B. Purpose. The purpose of a variance is to provide a mechanism when, owing to special conditions, the literal enforcement of the provisions of this Code would impose upon a landowner unnecessary hardship that can be mitigated without conferring on the applicant any special privilege. C. Initiation. A written petition for a variance is to be initiated by the owner of, or any person having contractual interest in, the property for which relief is sought. 10.01.02. Standards for Granting Variances. The Board of Adjustment shall not grant a variance unless it shall, in each case, make specific findings of fact based directly upon the particular evidence presented supporting written conclusions that: A. The variance requested arises from a condition that is unique and peculiar to the land, structures and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved, would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the provisions of this Code are literally enforced; that it is a condition that is not ordinarily found in the same zoning district, and the condition is created by the regulations of this Code, and not by an action or actions of the property owner or the applicant; B. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood; C. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures; and D. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. (Supp. No. 19) Created: 2021-06-14 10:35:56 [EST] Page 1 of 1 Page 339 of 355 CHAPTER VII - DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.01.00. PLANNED UNIT DEVELOPMENT 7.01.00. PLANNED UNIT DEVELOPMENT 7.01.01. Purpose. The Planned Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of residential land reflecting changes in the technology of land development; B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. 7.01.02. Authorized Uses. A. Permitted Uses. Any permitted, conditional or accessory use in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single- Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple- Family-11 (RM-11); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(B). Any Planned Unit Development including any development that has been granted final Planned Unit Development approval may place on empty lots, a single story, conventionally built single-family detached dwelling that complies with the building code, meets all setbacks and does not exceed the maximum size of the mobile home that would have been allowed. B. Nonresidential Development Uses. Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up to an amount not to exceed three percent (3%) of the gross area of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non- public parks, golf courses, country clubs, bicycle paths, racquet sports facilities, riding stables, marinas, clubhouses, and lodges may be permitted in a Planned Unit Development District. 7.01.03. Standards and Requirements. Standards and requirements for a Planned Unit Development shall be as follows: A. Minimum Size. A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common ownership or control. Non-contiguous parcels can also be included in the PUD application for the purpose of transferring density into the developed area. St. Lucie County, Florida, Land Development Code (Supp. No. 19) Created: 2021-06-14 10:35:50 [EST] Page 1 of 6 Page 340 of 355 B. Density. The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3.01.03(AA)(8) shall govern. C. Area, Yard, and Height Requirements. Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. D. Public Facilities. 1. The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems. 2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6) inches. Actual water main requirements will be determined by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8) inches. Actual water main requirements will be determined by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead end water main is one (1). 4. Fire hydrants shall be provided at a minimum spacing of one (1) every six hundred (600) feet unless otherwise approved by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. E. Traffic and Pedestrian Circulation. 1. Every dwelling unit, or other use permitted in the Planned Unit Development shall have access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. 4. All non-residential land uses within the Planned Unit Development shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. 5. Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of-way widths may be considered as part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate 5° angle of ninety (90) degrees unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. (Supp. No. 19) Created: 2021-06-14 10:35:50 [EST] Page 2 of 6 Page 341 of 355 Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty (150) feet. 8. The intersection of any two (2) local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty (660) feet, as measured from centerline to centerline. 9. Permanent dead-end streets shall not exceed one thousand (1,000) feet in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five hundred one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in length, a "Y" or "T" type of turn around may be approved. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of-way. 11. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. 12. Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. Parking and Loading. 1. General Provisions. The number, type, and location of parking spaces shall be determined at the time of final Planned Unit Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.01(F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(C) of this Code. 2. Off Street Parking and Loading. Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards: (Supp. No. 19) Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. Created: 2021-06-14 10:35:50 [EST] Page 3 of 6 Page 342 of 355 b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. 3. On Street Parking. In Planned Unit Developments, on street parking may be used so long as the road on which the on -street parking is proposed lies entirely within the limits of the defined Planned Unit Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: The minimum size of a parking stall shall be as follows: parallel 8 feet x 23 feet angled 10 feet x 18 feet handicapped (parallel) 12 feet x 23 feet handicapped (angled) 12 feet x 18 feet b. Handicapped parking spaces shall be appropriately marked. C. Access for emergency fire vehicles shall be in accordance with NFPA standards. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of three hundred sixty (360) square feet. G. Lighting. All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. H. Landscaping and Natural Features. 1. Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. Open Space Standards. 1. A Planned Unit Development that is proposed in any Agricultural, Residential, Conservation, Special District or Mixed Use Future Land Use Category shall conform to the following open space standards: (Supp. No. 19) A minimum of thirty-five percent (35%) of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping and planting areas, stormwater retention areas, or other areas of public purpose or use. Common open space may not include street, road or drainage rights -of -way, above ground utilities, or parking areas. A minimum of fifteen percent (15%) of any existing native upland habitat on the property must be preserved in its natural condition as part of the required thirty-five percent (35%) common open space. For each acre of preserved native habitat above the required minimum fifteen percent (15%) that is preserved in its original state, credit shall be given at a rate of one hundred fifty percent (150%) per acre towards the remaining common open space requirement. Created: 2021-06-14 10:35:50 [EST] Page 4 of 6 Page 343 of 355 All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement, subject to the requirement that fifteen percent (15%) of any existing native habitat on the property must be included as part of the required thirty-five percent (35%) common open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one (1) of the following: 1. The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development; or 2. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. 3. The identification of restrictive easement or plat dedication that would serve to create a perpetual conservation or use restriction easement over those portions of the properties that are to be kept as open space meeting the requirements of this section. b. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Development. C. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the requirements of this Code. Setbacks from Agricultural Land. Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. K. Development Design. Planned Unit Developments in all Future Land Use Categories are required to design the project in a manner to avoid, to the extent reasonable, impacts to wetlands, native vegetative communities and protected species habitats. L. Phasing. 1. A Planned Unit Development may be developed in more than one (1) stage or phase. 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. Unless otherwise amended by the Board of (Supp. No. 19) Created: 2021-06-14 10:35:50 [EST] Page S of 6 Page 344 of 355 County Commissioners through the Final Development Site Plan review process, the following sequence of development must be adhered to: One (1) or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the issuance of building or mobile home permits of more than forty percent (40%), or other percentage as determined by the Board to be appropriate based on circumstances that include the size of the project and the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi -phased development shall be completed or appropriate security posted prior to issuance of building or mobile home permits or the recording of any final plat within that phase. b. No commercial facility shall be permitted prior to the completion of at least forty percent (40%) of the total number of authorized dwelling units; and C. For Planned Unit Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Final Site Plan subject to the requirements in Section 11.02.05. M. Signs. 1. Signs within any Planned Unit Development, less than or equal to two hundred (200) acres in overall area, shall comply with the provisions of Chapter IX of this Code, provided however, that the Board of County Commissioners may condition approval of a Planned Unit Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. 2. Signs within any Planned Unit Development, greater than two hundred (200) acres in overall area may submit a general signage plan for the Planned Unit Development, as part of the Final Planned Unit Development Plan submissions. The general signage plan shall be based on the general dimension and size standards applicable to other similarly designated residential property; provided, however, that the Board of County Commissioners may condition approval of a Planned Unit Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. ( Ord. No. 13-037, Pt. A, 8-6-2013 ) (Supp. No. 19) Created: 2021-06-14 10:35:50 [EST] Page 6 of 6 Page 345 of 355 FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Goal 1.1: Ensure the highest quality living environment possible, through a mixture of land uses reflecting the needs and desires of the local residents and how they vV@Dt their roOnrnunib/ to develop. The goal shall be implemented bystrictly enforced bVi|diDg, zoning and development codes based on objectives and policies that will enhance St. Lucie COunty's natural and man- made resources while minimizing any damage or threat of degradation to the health, safety and welfare of the countv'a citizens, native wildlife and environment, through inrorOpmbh|e land uses. Objective 1.1.1: Land Use. Maintain the Future Land Use Map land with the following use designations to portray the future development patterns of St. Lucie County. Policy 1.1.1.1 -ThGfOUDVVDg |oDd use deSign8tiOns/intenSities,as indicated onthe Future Land Use Maps are provided as the pattern for the future development of the area within unincorporated St. Lucie County. Page 346 of 355 Policy 1.1.1.2 - The County's land use categories shall be described as follows: A. Agricultural-5 (AG-5) The AG-5 land use designation is intended for those areas of the County outside of the planned urban service area which are associated with agricultural and agricultural -related activities. These areas are recognized for first being appropriate for the production of citrus, cash crops, or ranching activities. These areas are acknowledged as potentially suitable for limited residential and nonresidential development under the following criteria: • All residential and nonresidential development must be in accordance with applicable standards and restrictions as set forth in the Land Development Code; • All residential development proposals in excess of forty-five (45) units must be approved through the Planned Development (PD) process as provided for in the Land Development Code; • Any activity other than crop or food product related production, including combinations of properties/uses, in excess of 200 acres should identify appropriate mechanisms for funding the operation and maintenance of necessary infrastructure. Any utility infrastructure shall be consistent with the Infrastructure Element. • Residential densities are set at a maximum of 0.20 units per gross acre (one unit per 5 gross acres). B. Agricultural-2.5 (AG-2.5) The AG-2.5 land use designation is intended for those areas of the County outside of the planned urban service area which are associated with agricultural and agricultural -related activities. These areas are recognized for first being appropriate for the production of citrus, cash crops, or ranching activities. These areas are acknowledged as potentially suitable for limited residential and nonresidential development under the following criteria: • All residential and nonresidential development must be in accordance with applicable standards and restrictions as set forth in the Land Development Code; • All residential development proposals in excess of forty-five (45) units must be approved through the Planned Development (PD) process as provided for in the Land Development Code; • Any activity other than crop or food product related production, including combinations of properties/uses, in excess of 200 acres should identify appropriate mechanisms for funding the operation and maintenance of necessary infrastructure. Any utility infrastructure shall be consistent with the Infrastructure Element. • Residential densities are set at a maximum of 0.40 units per gross acre (one unit per 2.5 gross acres). C. Residential Estate (RE) The Residential Estate (RE) land use category is intended to act as a transitional area between the agricultural areas and the more intense residential areas in the eastern portion of the County. This category is found predominantly along the western edge of the urban form, but is also appropriate for areas of special environmental concern such as along the North Fork of the St. Lucie River and the Indian River Lagoon. 5t. Lucie County 1-1 Adopted 4.2.2019 Comprehensive Plan Future Land Use ElementO2QRs347 of 355 The RE designation is intended for |8nUO lot, single-family detached residential dvv8UiMg$, at a density of one unit per gn]SS acre. These areas are not required to he served with central ub|ibes, however when at all practical, service CDnneCUODS should be provided. The RE designation is acknowledged as potentially suitable for limited residential and nonresidential development under the following criteria: All reS|d8OUm| and nonresidential development must be in accordance with applicable standards and restrictions as set forth in the Land Development Code; All residential development proposals in excess of eight units must be approved through the Planned Development (PO) process as provided for in the Land Development Code; Residential densities are set at a maximum of one (1) unit per one gross acre. D.Residential Suburban /RS> The Residential Suburban (RS) land use category is intended to act as a transitional area between the aghcuKV[G| areas and the more intense rnSidHnhG| @r8GG in the eastern portion Cfthe County. This category isfound predominantly along the western edge ofthe urban fDrn0, but is also appropriate for areas of special gOVi[VDnleD1a| COOCerO Such as @|0n8 the North Fork of the St. Lucie River and the Indian River Lagoon. The RS designation is intended for |Gpgg lot, single-family detached residential dvv8UinQS, mtedensity nfone /1\tOtwo (2)units per gross acre. These areas are not required iDbe served with central utilities; however when at all practical, service connections should be required. Limited nonresidential uses may be appropriate, in accordance with applicable standards and restrictions as set forth in the Land Development Code. E. Residential Urban (RU) The Residential Urban (RU) classification is the predominant residential land use category in the County. This residential land use category provides for m rnmxrnunn density of five LQ dwelling units per gross acre. The RU designation is generally found between the identified urban service areas and the transitional Fl8areas. These properties need h}be Gen/iced with central water and vvGS\evvBter S8rViCeG. These services may be provided by either 8 public V[iUh/ or through private on -site f@Ci|iUeS. GS vvQU|d be permitted in accordance with all applicable regulations. New development in the F|U areas can occur using traditional single-family or multifamily zoning d8sigO@UDOS or through the planned unit development process. Limited nonresidential uses may be appropriate, in accordance with applicable standards and restrictions as set forth in the Land Development Code. F. Residential Medium (FkN1) The Residential Medium (F<M) land use category is to be applied to those areas that are vVithin, or planned to be within, ena@s of C8nfrG| COnlmUnhv services. A nl8Xinlun0 residential density ofnine (g) dwelling units per gross acne is permitted under this land use designation. If required, the 8CtU8| density is subject to the satisfactory cnnnp|oUon of the rezoning process, which vVOu|d include complete review of the physical suitability of the property for development atthe proposed intensity, Limited nonresidential uses may be appropriate, in accordance with applicable standards St. Lucie County 1-2 &dopbmd4.2.2O1R identify gaps inthe 0noonwmynetwork, and set forth strategiesfor the maintenance and expansion ofthe existing network. Policy 6.1.13.1O-The County shall promote the preservation and maintenance ofnative plant communities in m contiguous manner to provide wildlife corridors and pedestrian pathways. Policy 6'1.13.11 - St. Lucie County shall continue to C0Dpenaka with adjacent k)c8| governments to conserve, appropriately use, or protect eCD|oOiC8| gnSenvv@yS |OC318d within more than one jurisdiction. Objective 6.1.14: St. Lucie County shall use wetland classification system for purposes Of protecting wetland functions and values within the unincorporated areas DfSt. Lucie County consistent with the Policies cited below. Policy 6.1.14.1 -SL Lucie County ohmU use the following general classification evabarn for the purposes Of protecting vva(|and functions and values within the unincorporated areas 0fSt. Lucie County. a. Category | wetlands - shall include any vvat|ande' regardless of size, having hydrological connection to natural surface water bodies; any isolated wetland 20 acres or larger; or wetlands containing Strategic Habitat Conservation Areas as identified bVthe Florida Wildlife Conservation Commission, b. Category || wetlands — shall include any isolated wetlands which are connected to other surface waters and are greater than or equal to 5 acres, or are less than 2Oacres and d0not qualify enCategory |wetlands; C. Category III wetlands —sh8|| include isolated wetlands less than 5acres that dn not qualify as Category I or 11 wetlands, or wetlands which are connected to other surface waters and are less than 5 acres. St. Lucie County shall require identification of Category |' ||, and ||| vved8ndS prior to staff review of all land development p[opnaa|S' including future land use, zODiO0' site plan or construction applications. Policy 6.1.14.2 - The County Sh@U not permit development in a Category | or U wetland 0rany wetland buffer associated with these wetlands, except Gsfollows: 8. Clearing and /or constructing of walking trails; b. Construction of boardwalks/catwalks for direct access to vvmfer bodies; construction of wildlife nnonagen0eDi shelters, footbridges, Obs8rV8h0O desks and similar structures not requiring G dredge or fill for their placement; and C. Clearing and/or construction of electric/ cable utility, Gt0rrnvvGber mOGO@gennent, water 0rwastewater infrastructure as needed to provide public service that does not impair the long ie[OO viability of the VV8t|GDd system. d. Alteration is permissible within Category | and || vveUands, and the required vvet|8Ud buffer as necessary for the ehwvm activities if all the fVU0vViDg criteria are met: 1. NVother reasonable alternative exists and avoidance cannot b8achieved; 2. Such activity is consistent with other policies of the Comprehensive Plan; 3. Such activity complies with the requirements of all Federal, State and |OCG| agencies claiming jurisdiction over wetland alteration and adequate mitigation of any adverse hydrological and physical alterations is provided. 4. No more than one percent Dfany Category | vVmt|mnd is impacted, except as noted in Policy 6.1.14.3; St. Lucie County 6-14 Adopted4.2.2O1A Comprehensive Plan Conservation Element GC>Ps Page 349 of 355 5. No more than 15 percent of any Category II wetland is impacted, except as noted in Policy 6.1.14.3; 6. Appropriate mitigation is provided. Policy 6.1.14.3 - In addition to the alteration provisions of Policy 6.1.14.2, alteration of a Category I or II wetland or buffer may be allowed when no other reasonable alternative exists and avoidance and minimization of impacts cannot otherwise be achieved. Any provision of this Comprehensive Plan or the land development code related to the preservation of a Category I or II wetland or buffer that precludes all reasonable economically viable use of the property or would prohibit a reasonable public use of the property and which if applied would result in a compensable taking of the property may be waived to the extent necessary to provide the minimum reasonable use, public or private, of the property. These provisions shall only be waived following the review and approval of the Board of County Commissioners, or their designee, in a manner set forth in the Land Development Code. The standards for the granting of any waiver shall be set forth in the Land Development Code and shall be consistent with the general standards and intent of the Comprehensive Plan. Policy 6.1.14.4 - Alteration of a Category III wetland or buffer may be allowed when no reasonable alternative exists and avoidance and minimization of impacts cannot be achieved. Any provision of this Comprehensive Plan or the land development code related to the preservation of a Category III wetland or buffer that precludes all reasonable economically viable use of the property or would prohibit a reasonable public use of the property and which if applied would result in a compensable taking of the property may be waived to the extent necessary to provide the minimum reasonable use, public or private, of the property. These provisions shall only be waived following the review and approval of the Board of County Commissioners, or their designee, in a manner set forth in the Land Development Code. The standards for the granting of any waiver shall be set forth in the Land Development Code and shall be consistent with the general standards and intent of the Comprehensive Plan. Policy 6.1.14.5 - The County shall require a minimum 50-foot buffer between Category I or Il wetlands and new development activity in order to protect water quality, preserve natural functions, and preserve wildlife habitat. The buffer, as measured landward from the approved jurisdictional line, shall be maintained in a natural vegetative state and be free of exotic and nuisance species as defined by the Florida Pest Council. Policy 6.1.14.6 - All new development containing a Category III wetland shall provide a minimum 25-foot buffer between the wetland jurisdictional line and the area of development. The buffer, as measured landward from the approved jurisdictional line, shall be maintained in a natural vegetative state and be free of exotic and nuisance species as defined by the Florida Pest Council. Policy 6.1.14.7 - St. Lucie County shall assess the specific and cumulative impacts of all proposed new development or redevelopment activities, including single family building permits, on all wetlands that may be located on the property in order to ensure that the natural functions of the wetlands are protected and conserved through the implementation of wetland protection standards which shall include consideration of the types, values, functions, sizes, conditions, and locations of wetlands. Policy 6.1.14.8 - Removal, encroachment, or alternation of Category III wetlands may St. Lucie County 6-15 Adopted 4.2.2019 Comprehensive Plan Conservation Element GOPs Page 350 of 355 be allowed with the extent of such activities being determined on a case -by -case basis in conjunction with applicable regulatory agencies and in the interest of public benefit. Objective 6.1.15: The Board of County Commissioners shall consider the Wetland Inventory and Evaluation Study which was designed to facilitate the development of policies and procedures to improve the protection of the existing wetlands in the County. Policy 6.1.15.1 - The County shall amend its Land Development Code to adopt wetland protection measures that will incorporate a classification system inclusive of wetland functionality and address gaps in the existing regulatory mechanisms. Policy 6.1.15.2 - Through the development review process the County shall continue to update the wetland inventory and mapping tools. St. Lucie County 6-16 Adopted 4.2.2019 Comprehensive Plan Conservation Element GOPs Page 351 of 355 Text of Ad: 1010612021 ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA Wednesday, October 27, 2021 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in ac- cordance with Section 11.00.03 of the St. Lucie Coun- ty Land Development Code and provisions of the St. Lucie County Comprehensive Plan that the following applicant has requested that the St. Lu- cie County Board of Adjust- ment consider the following request: PURPOSE: The request of Mul- ti Media Concepts, Inc. and Dybra PSL Development, LLC for a Variance from the provi- sions of Section 7.04.01(A) Table 7-10 maximum building height requirement to con- struct five 48 unit multi -family residential buildings (4 story) for a total of 240 dwelling units within the RM-5 (Resi- dential, Multi -family — 5 dulac) Zoning District. FILE NUMBER: BA-9202126154 LOCATION: Northeast corner of Prima Vista Boule- vard & Lennard Road, Port St. Lucie PARCEL I.D.: 3414-S01-0608-000l0, 3414- 501-0606-000/6, 3414-501- 0605-000/9, 3414-501-0608- 150/6 The Public Hearing on this item will be held in the Com- mission Chambers, Roger Poi- tras Annex, 3rd Floor, St. Lucie County Administration Build- ing, 2300 Virginia Avenue, Fort Pierce, Florida on October 27, 2021, beginning at 9:30 a.m. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments re- ceived in advance of the pub- lic hearing will also be consid- ered. Written comments to the Board of Adjustment should be received by the Planning and Development Services Department Planning Division by noon prior to the scheduled hearing. The peti- tion file is available for review at the Planning and Develop- ment Services Department — Planning offices located at 2300 Virginia Avenue, Fort Pierce, Florida during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require addition- al information about this peti- tion. The St. Lucie County Board of Adjustment has the power to authorize Variances from the dimensional requirements of the 5t. Lucie County Land De- velopment Code, in accord- ance with the Provisions of Section 10-01.00, of the St. Lu- cie County Land Development Code. The proceedings of the Board of Adjustment are electroni- cally recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verba- Page 352 of 355 is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any Party to the proceeding, individuals testifying during a hearing will be sworn in. Any Carty to the proceeding will e granted an opportunity to cross-examine any individual testifying during a hearing upon request. It it becomes necessary, a public hearing may be continued from time to time to a date -certain. Anyone with a disability re- quinng accommodations to attend this meeting should contact the St. Lucie County Risk Manager at least forty- eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA S/ ROBERT LOWE, CHAIRMAN Publish: Oct. 13th, 2021 TCN4947153 Page 353 of 355 S NOLLVAS IJ17 p Z f W U w W 2 1 W E m L�� uN ue mW N b E�'e�jQM1 lflyR yQ mwm�NR vi -A�'�' a',2 N a 6 illLu �3E n ca m a _ o••rw� 0�2 m'aUd'o�M, ,E 5U a m z o ~~ O 4 hj a¢ w U U O U W N a U W w 2 vi a �34c cx pa a ti av ¢ ti� ao 6 w a ow W 4 o a LL a y2cnp � op Z 2 V1 Wcr an W aU ¢ O,O��O m z O'q OC�v�ti02 p tt ¢ W aU¢ 2 O� w 2 x U h t_ pQiy¢ d �� �a N0 z0y V1 C7 OOG�Um N w 3 U2 z<nq zYp40 W 5pti� LU ¢N U v1?O�O °c' z z1x.Oro 4=���OU $wX v1 W�gOD ¢¢ WZN 1-Qz�I- z 'w q¢U¢ �¢¢ I- w dz W Z > 2-�.I z O�NOF¢Ob O OZQq $Oti~ur¢-b0 420a ¢$wwm w �4wYOw�2 2 �UU UO Q 75 N C72 W0.a R.c RW.�C4 �j�at��q ��a1¢ a 4h411wU Q 4�(7g aq�� 4 Qax