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HomeMy WebLinkAboutGM-08-002 - Borland Tract II Subdivision teJp ~( 'fð' m~ 'fir{ brVt 1 2 3 4 5 6 7 8 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 48 GM-08-002 MNSP- 520071164 A DEVELOPMENT ORDER OF THE GROWTH MANAGEMENT DIRECTOR GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS BORLAND TRACT II SUBDIVISION CONSISTING OF TWO (2) COMMERCIAL LOTS FOR CERTAIN PROPERTY SITUATE ON THE SOUTHWEST CORNER OF THE INTERSECTION OF PETERSON ROAD AND 33RD STREET IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for site plan approval submitted by David Schryver - GCY, I nc., on behalf of Margaret J. Borland, reviewed the comments of the St. Lucie County DevelopmentReview Committee on this application, and made the following determinations: 1. Borland Tract II is a proposed 2-lot subdivision for 1,99 acres of property located on the southwest corner of the intersection of Peterson Road and 33rd Street, approximately 2,800 feet north of Okeechobee Road in the CG (Commercial General) Zoning District. 2. The Development Review Committee has reviewed the Site Plan for the proposed project and found it to meet minimum technical requirements, subject to the conditions set forth in "Part A" of this Growth Management Order. 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 water and septic system approved by the St. Lucie County Health Department. GM Order-08-002 Page 1 File No.: MNSP- 520071164 May 13, 2008, 2008 d' 1 2 3 4 5 6 7 8 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 48 49 50 NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed Minor Site Plan to be known as Borland Tract II, is hereby approved as shown on the site plan drawings for the project prepared by GCY, Inc" dated stamped received by the St. Lucie County Growth Management Department on May 6, 2008, on the property described below, subject to the following conditions: 1. No clearing or other site work shall commence until after constructible engineering plans have been approved by the County Engineer and all county environmental permits have been issued by Environmental Resources Department pursuant to Section 11.02.08(A)(7) of the St. Lucie Cou nty Land Development Code. As of this date of issuance of this Development Order, no constructible site development plans have been submitted for review. No work shall commence after the issuance of environmental permits by County, or of any other permits by any other agency, until the County Engineer has approved the constructible site plans. 2. Pursuant to Section 11.02.08(A)(6) of the St. Lucie County Land Development Code, no work shall commence on the site until all regulatory permits required from Federal, State, and regional agencies and special districts have been issued. The Florida Department of Environmental Protection, National Pollutant Discharge and Elimination System compliance notice must be submitted to the County Engineer with the constructible site plan at the time of building permit application or during permit review or no paving, grading, and drainage permit and no building permit shall be issued. All National Pollutant Discharge and Elimination System Best Management Practices shall be instituted on the site prior to site clearing and maintained daily. Stormwater ponds shall be roughed in at the same time the site is cleared of groundcover. 3. This Development Order shall be recorded in the Public Records of St. Lucie County, Florida, in order to provide constructive legal notice of development conditions that run with the land. 4. The Code Compliance Manager shall receive a copy of this Development Order and the site plan it approves and shall not approve any building permits that do not implement or are not consistent with this Development Order and the plans hereby approved. 5. Prior to the issuance of any building permit, a site plan shall be submitted for review and approval by the Development Review Committee which shall include any required right-of-way donations, side walks, landscape buffers and any other elements as required by the Land Development Code in effect at that point in time. 6. Prior to the issuance of any building permit, the owner, and or developer of Lot 1, as shown on the plat of Borland Tract II shall be required to contribute their fair share cost of paving pursuant to Section 7.05.07 (4a) of the St. Lucie County Land Development Code, if vehicular access is proposed for Peterson Road. This requirement may be waived if the owner and or developer of Lot 1 chooses to enter into a cross access agreement with the owner and or developer of Lot 2 and all vehicular access is limited to 33rd Street. GM Order-08-002 Page 2 File No.: MNSP- 520071164 May 13, 2008, 2008 1 2 3 4 5 6 7 8 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 7. Prior to the issuance of any building permit, the owner, his successors or assigns shall be required to obtain a Certificate of Capacity for each proposed Lot 1 and Lot 2, pursuant to Chapter 5 of the Land Development Code. B. The property on which this Minor Site Plan approval is being granted is described as follows: The East 3/4 ofthe North 1/2 ofthe Northeast 1/4 ofthe Northwest 1/4 of Section 17, Township 35 South, Range 40 East, St. Lucie County, Florida: Less and excepting the following parcels: A. The South 25 feet, the West 50 feet, the North 75 feet and the East 30 feet thereof. B. The North 240 feet of the East 230 feet thereof. C. The North 283.81 feet of the West 542.02 feet thereof, and D. The West 217.9 feet of the East 247.8 feet of the North 200 feet of the South 225 feet thereof. Also less that portion of the East 3/4 of the North 1/2 of the Northeast 1/4 of the Northwest 1/4 of said Section 17 and being more particularly described as follows: Being bounded on the North by the South line of the North 283.81 feet of the Northwest 1/4 of said Section 17; bounded on the East by the West line of the East 247.80 feet of the Northwest 1/4 of said Section 17; bounded on the South by the North line of the South 30.00 feet of the Northwest 1/4 of said Section 17 and bounded on the West by the by the Easfline of the West 50.00 feet of the East 3/4 of the North 1/2 of the Northeast 1/4 of the Northwest 1/4 of said Section 17. (TAX 10#: 2417-211-0004-000/2) (Location: Southwest corner of Peterson Road and 33rd Street, approximately 2,800 feet north of Okeechobee Road) C, The approvals granted by this administrative order shall expire on May 13, 2010, unless an extension is granted in accordance with the provisions of Section 11,02.06 (B)1 of the St. Lucie County Land Development Code, The Minor Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Margaret J, Borland, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in "Part B". 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 D. E. A copy of this Order shall be attached to the site plan drawings described in "Part A", which plan shall be placed on file with the St. Lucie County Growth Management Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. GM Order-08-Q02 Page 3 File No.: MNSP- 520071164 May 13, 2008, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. The Concurrency Deferral Affidavit, a copy which is attached to this Growth Management Order, was signed by the applicant on May 12,2008. G. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 13th Day of May, 2008. GROWTH MANAGEMENT DIRECTOR ST. LUCIE COUNTY, FLORIDA BY~ Mark Satt ee APPROVED AS TO FORM AND CORRECTNESS: ~ BY aa G:\PLANNING\Project Files\Borland Tract II\GM Order\GM-08-002 ORDER doc GM Order-08-002 Page 4 File No.: MNSP- 520071164 May 13, 2008, 2008 1 2 3 4 Exhibit A 5 6 7 8 Concurrency Deferral Affidavit File No.: MNSP- 520071164 May 13,2008,2008 GM Order-08-002 Page 5 EXHIBIT I D JL. St. Lucie County Concurrency Deferral Affidavit I, ~lClVJ. 1'. &~q,~ residing or doing business at H.. ~L~ '. , 'Fl , J~~4; , City S~e Zip have applied for a ~~~v S¡-k ",\ceLlI Type of Development Order for the following project:~vJ ~ ti- Name of Proposed Development J..2ú bM,t\\ ~V'\\I't Street 11d. .ql.'-l-oS"'S Phone from S1. Lucie County, Florida, I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that S1. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the S1. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed:~~ , }\ licant STATEOFFLO DA " COUNTY OF cl. LL~<...L Date: S~oY v.-I.- /lA - ( {;À day of f, \ll..'i--' 200<6 , by _ ho is personally known to me or who has produced -p D lft5 f7 'I (þ!5 Commission Number (Seal) Page 1 of 1 Revised: April 1, 2008 NOTARY PUEUe-STATE OF FLORIDA , 1'.i; '.. ,,,"'¡ p fI TO t..nson .~"'J;.u.~ 6:"''''' llc v ,'"" ~ ","~ ,_ , Commission # DD4S74bJ Expires: SEP. 24, 2009 Bonded Thru Atlantic Bonding Co., Inc.