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