BEFORE THE BOARD OF COLNTY COMMISSIONERS OF LEVY COUNTY, FLORIDA

Transcription

1 Instrument., OR BK: 1442 PG: 269-7pg(s) REC:12f :33 AM Danny J. Shipp, Levy County Clerk, Florida Rec: $61.00 Deputy Clerk MBASS BEFORE THE BOARD OF COLNTY COMMISSIONERS OF LEVY COUNTY, FLORIDA IN RE: SPECIAL EXCEPTION APPLICATION SE JOSE MARTIN MORALES and HELEN GODDARD, Applicant ORDER TO ApPROVE THE BOARD OF COUNTY COMMISSIONERS OF LEVY COUNTY, FLORIDA, on December 19, 2017, after due public notice, being empowered under Chapter 50, Article XIII, Division 5, Subdivision I, Levy County Code, to hear and decide requests for special exceptions, does hereby make the following statements and issues the following Order as to the above special exception for a travel trailer park (hereinafter referred to as "RV park") in property zoned Moderately Intensive Commercial ("C-3"), and an RV park or campground in property zoned Agricultural/Rural Residential ("AlRR") pursuant to Policy 3.7 of the Future Land Use Element of the Levy County Comprehensive Plan: 1. On December 19, 2017, the Board of County Commissioners conducted a public hearing on Application SE 03-17, at which public hearing, the Board heard and considered the presentations, if any, of the Applicant and other parties in opposition to, and in favor of, Application SE At the public hearing on Application SE 03-17, the Board of County Commissioners was presented with and considered the Staff Report of the Development Department, dated September 18,2017, regarding Application SE ("Staff Report"), the recommendations of the Planning Commisfion regarding Application SE 03-17, and, any testimony and evidence presented. 3. Based on the findings and analysis presented in the Staff Report, the recommendations of the Planning Commis$ion, and the testimony and evidence presented at the public hearing on Application SE 03-17, the Board of County Commissioners has determined that the appli~able requirements, criteria, or standards set forth in Chapter 50, Article XIII, Division 5, Subdivisions I and II, and in Section , Levy County Code, have been met, provided that certain conditions apply.

2 il Accordingly, it is hereby ORDERED that Application SE 03-1 is hereby approved for the property described in Exhibit "A" attached hereto an incorporated herein by this reference, subject to the following conditions: CONDITIONS OF APPROVAL 1. The following words, terms, or phrases, when used in this Order or Conditions of Approval, have the meanings ascribed to them in this Condition 1, except where the context clearly indicates a different meaning: Applicant means Jose Martin Morales and Helen Goddard, jointly or severally or any of either or both of their successors or assigns. Application SE means the request filed by Applicant with the County for a special exception for an RV park in property zoned C-3, and an RV park or campground in property zoned AlRR pursuant to Policy 3.7 of the Future Land Use Element of the Levy County Comprehensive Plan, including the completed application form and all additional documents submitted by the Applicant. County means Levy County, Florida. Department means the Levy County Development Department, or any successor County Department with the duties of administering and enforcing the zoning regulations ofthe County. Regulatory Agency means any federal, state, regional, or local governmental or regulating agency, authority, or other entity with jurisdiction over any of the activities, uses, operations, facilities or construction proposed or contemplated by Application SE 03-17, approved by this Order, or required or governed by these Conditions of Approval. Regulatory Pennit means any permit or approval, in whatever form, required, issued or granted by any Regulatory Agency for the activities, uses, operations, facilities or construction proposed by Application SE , approved by this Order, or required or governed by these Conditions of Approval. Subject Property means the property described on Exhibit "A" attached hereto. 2. The Conditions of Approval cont~ined in this Order are enforceable against the Applicant, any of the Applicant's parent entities, any of the Applicant's subsidiary 2

3 entities that are involved in any way in the activ ties, uses, or operations approved by this Order, the owner(s) of the Subject Property, a y operator of the activities or operations approved by this Order, the holder of the sp cial exception approval granted by this Order, or any of their successors or assigns, jointly and severally. In addition, any decision, approval, or determination made or required to be made by the County or the Department pursuant to any Condition of Approval contained in this Order will be final. 3. The approval granted by this Order is for an RV park in property zoned C-3, and an RV park or campground in property zoned AlRR pursuant to Policy 3.7 of the Future Land Use Element of the Levy County Comprehensive Plan. The approval granted by this Order is also subject to any and all conditions or requirements contained in Section , Levy County Code, for travel trailer parks, and all other applicable provisions of the Levy County Code, regardless of whether such condition or requirement is expressly set forth in these Conditions of Approval. 4. Issuance of this Order does not in any way create any rights on the part of the Applicant to obtain a permit from any Regulatory Agency and does not create liability on the part of the County for issuance of this Order if the Applicant fails to obtain requisite approvals or fulfill the obligations imposed by a Regulatory Agency or undertakes actions that result in violation of state or federal law. 5. All other state or federal permits applicable to the approvals granted by this Order must be obtained prior to commencement of the use of the Subject Property for an RV park in property zoned C-3, and an RV park or campground in property zoned AlRR pursuant to Policy 3.7 of the Future Land Use Element of the Levy County Comprehensive Plan. 6. The Applicant shall obtain any and all Regulatory Permits by any and all applicable Regulatory Agency or Agencies (other than the Department) and provide copies of such Regulatory Permits to the Department prior to the commencement of any development on the Subject Property related to Application SE The RV park and amenities requested in Application SE shall be located as shown on the conceptual site plan included in Application SE and shall be designed as indicated in the supporting documents to Application SE 03-17, with a 3

4 note on the plan that the location of these stru tures may be adjusted. 8. The special exception use shall e operated in a manner consistent with Application SE and all supporting documents. 9. The Applicant shall provide and record in the Official Records of Levy County, Florida, a unity of title for all of the parcels of property comprising the Subject Property within 90 days of approval of this Order. The unity of title must be in a form acceptable to the Department. No site work or construction on the Subject Property may commence until proof of recordation of such unity of title is provided to the County. 10. The Applicant must provide an agreement for commitment of provision of water and sewer service to the Subject Property approved by the City of Williston prior to any site work or commencement of construction on the Subject Property. A commitment for water/sewer capacity provided by the City of Williston will not be sufficient to comply with this condition. 11. All steps to accomplish the realignment of the portion of the right of way connecting NE 25 th Street to US Highway 27 proposed for realignment in Application SE must be completed prior to any site work or commencement of construction on the Subject Property. These steps must include applications submitted by the Applicant to the County for vacation of existing right of way and for dedication of new right of way, and related approval and acceptance of such vacation and dedication by the County, respectively. 12. The Applicant shall document through the state historic preservation officer the presence or absence of known archaeological or historic sites. No site work or construction will commence until proper documentation has been provided for the absence of known archaeological or historical sites have been located and identified. 13. The general store, restaurant, swimming pool, tennis courts, and other amenities proposed for the RV park on the Subject Property will be strictly limited to the use of the clients and guests of the RV Park. 14. No recreational vehicles or RVcottages will be permanently anchored, blocked or tied down. 15. Upon approval of this Order, the Conditional Use Permit CU for a 4

5 portion of the Subject Property, previously grahted by the County will become null and void and of no further force or effect. i I 16. Every Applicant and owner of the Subject Property shall provide this Order to all future owners of the Subject Property. 17. A minimum 50' buffer shall be maintained along the existing property lines of the north parcel of the Subject Property. A minimum of 100' must be maintained along the existing property lines of the south parcel of the Subject Property. 18. Any expansion of the RV park approved by this Order will require the Applicant to submit an application for an amendment to SE 03-17, which shall be processed in the same manner as this Application SE The effective date of this Order shall be the effective dates of Ordinance and Ordinance If Ordinances and are not effective on the same date, the effective date of this order shall be the later of the effective dates of Ordinances and DONE AND ORDERED this 19 th day of December, i BOARD OF COUNTY COMMISSIONERS OF LEVY COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ Anne Bast Brown, County Attorney z:misc/se.order.approve.morales.rv.final LR2017-Q44 5

6 i Exhibit 'ta" A portion of the Southeast % of Section 9, TOW~ShiP 13 South, Range 19 East, Levy County, Florida; being more particularly described as follows: Begin at the northwest corner of the Southeast % of Section 9, Township 13 South, Range 19 East, Levy County, Florida and run thence South 00 14'06" East, feet to the southwest corner of said Southeast %; thence South 89 34'15" East, along the south line of said Southeast %, a distance of feet; thence North 00 05'34" East, along the west line of that certain parcel of land described in Official Records Book 550, page 450 of the Public Records of L~vy County, Florida and along the west line of that certain parcel of land described in Official Records Book 604, page 990 of said Public Records, feet to the northwest corner of said certain parcel of land described in Official Records Book 604, page ~O; thence South 89 34'15" East, along the north line of said certain parcel of land (Official Records book 604, page 990), a distance of feet to a point on the southwesterly right of way line of U.S. Highway 27 (State Road No. 500); thence northwesterly 'along said right of way line through the following five (5) courses: 1) North 36 57'27" West, feet; 2) thence South 53 02'33" West, feet; 3) thence North 36 57'27" West, feet; 4) thence South 53 02'33" West, 5.00 feet; 5) thence No~h 36 57'27" West, feet to a point on the north line of said South % of Southeast Y4; thence North 89 43'21" West, along said north line of the South % of Southeast 1/4, a distance of feet; thence North 35 40'59" West, feet to a point lying on the arc of a curve, concave northwesterly, having a radius of feet; t~ence northeasterly, along the arc of said curve, through a central angle of 24 53'04", an iarc distance of feet to the end of said curve, said arc being subtended by a chord having a bearing and distance of North 65 29'12" East, feet; thence North 53 02'33" East, feet to the beginning of a curve, concave southerly, having a radius of feet; thence easterly along the arc of said curve, through a central angle of 90 00'00". an arc distance of feet to the end of said curve, said arc being subtended by a chord having a bearing and distance of South 81 57'27" East, feet to a point lying on said southwesterly right of way line; thence North 36 57'27" West, along said right of way line, feet to a point on the north line of said Southeast %; thehce North 89 52'23" West, along said north line, feet to the Point of Beginning. Containing Acres, more or less. Together With: A portion of the Northeast % of Section 16, Township 13 South, Range 19 East. Levy County, Florida; being more particularly described as follows Begin at the northwest corner of the Northeast %of Section 16, Township 13 South, Range 19 East, Levy County, Florida and run thence South 00 02'58" East, along the west line of said Northeast %, a distance of feet to the southwest corner of the North 870 feet of the Southwest % of said Northeast %; thence South 89 35'50" East,

7 along the south line of said North 870 feet, a di~tance of feet to a point on the east line of said Southwest % of Northeast 1/4; l!hence South 00 02'09" West, along said east line, feet; thence South " East, feet; thence North 00 02'09" East, feet to a point on the north line of the Southeast % of said Northeast %: thence North 89 35'50" West, feet to the northwest corner of said Southeast % of Northeast 1/4; thence North 00~02'09" East, feet to the northeast corner of the Northwest % of said Northeast %: thence North 89 36'03" West, along the north line of said Northwest % of Northeast %, a distance of feet to the Point of Beginning. Containing Acres, more or less. Together With: ~F;': 0 PoInt of Refert!flflCe, commtlnce ot SE corner of NE 1/4 of SE '/4 of Sttctlon 9. Township IJ South. RfIfI,. 19 ost. t.,,)' Count,H Ror/do; thflllce N 89'4-.1'21- W; along Mil South 1m. of said N 1/4 of S 1/ fht. to thtl InttIf'HCtlon with the w.,ttjrl)' right of li'i7y lin. of U..s: H/~Wtly 27 (Stot. RODd No. 5(0) ond the POINT OF BEGINNING: thflllcfl N.J(J'57'2r Iv, along sq/d Mlst."y right of wti)' lin~ fht: thence t:ofitlnuing o/ong IIQ/d w.ttllfy right of Wfly lin. untl olhtijf"fiih.iot«l. I1HI S 5.1'02'.J.J- W 'HI; thlll2ctl N.16'~7'27 Iff..JOO.OO (Ht; IhBnc. N 53'02'.»- Eo fht; thtlnce N.J(J 51'2r Iff INt; thflllcii N!JJ'02'..J,J fhl; thtnictl N.J(J'57'2r tt: feet. to thtl PoInt of Curwtur. of 0 cur~ t:ofict1~ to thtl South. hflling a radlu. af 2500,"ti thllllctl ditporllng $aid WtlllltJrly right 01 II'Q,X run Mtsterl,H oiong M. orc of said CCIf'Mr, Ihrbugh a central ongl. o( go'oo'(}(): a dilll""cti of fht, 10 Ih" Point of Tangfltlcy 011lOfd t:ijne,' thtlll7ct1 S 5J'02'.J.1~ If{ 2.J6.24 fhi, to th. PoInt of Cuf'WIture of a CUr'!lf!l Cf)fICO" 10 th. Norlhwut. having (J radius of..j.jo.oo fhi; ith/mt:fi Souihfl'ftttJrl.1' oiong thti orr:: of said ~ Ihrough a central angle of 24'5J'04~ a tii.tance af 14.]..12 fht; Ihen'pl S,,]5'40'59. ~48.1"] _t to said South lin. of HE 1/4 01 SE 1/4; them:t: S 89'4-.1'2' Eo Dlong said South Ime of HE 1/4 of SE 1/4, "'e/, to do$e on the POINr OF 8 GlNNlNG. Contoln. 6.O.J OCrtl8, mortl or letls.