HomeMy WebLinkAboutPDS-14-010 - Estancia PUD - Two Year Extension1
2
3
4
5
6
7
8
9
10
11
12
13
i4
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
PDS 14-010
FILE NO.: BCC 120144722
AN ORDER GRANTING A TWO-YEAR LAND
DEVELOPMENT CODE ADMINISTRATIVE EXTENSION TO
SITE PLANS PROVIDED BY SECTION 11.02.06(6)(4) TO
THE SCHEDULED EXPIRATION DATE TO THE
PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT SITE PLAN FOR THE PROJECT KNOWN
AS ESTANCIA -PUD.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the request for development order administrative extension timely submitted and in
accordance with the provisions of Section 11.02.06(6)(4) of the St. Lucie County Land
Development Code on behalf of Estancia Fort Pierce, LLC and has made the following
determinations:
1. On November 20, 2007, the Board of County Commissioners granted approval
through Resolution 07-129, granting Planned Unit Development Site Plan approval for
the project known as Estancia -PUD. The project consists of 12 single family homes
and 66 multi-family dwelling units on 10.38 acres located on the west side of 25tH
Street, approximately 0.25 miles north of Edwards Road and 0.25 miles south of
Cortez Boulevard in the PUD (Planned Unit Development) Zoning District.
2. On December 3, 2009, the Planning and Development Services Director in
accordance with Florida Statutes Community Renewal Act authorized a site plan
extension which expired on November 20, 2011.
3. On December 3, 2010, the Estancia -PUD Site Plan expiration date of November 20,
2011 was further extended in accordance with Florida Statues Senate Bill 1752 for two
years and was scheduled to expire on November 20, 2013.
4. On December 17, 2013 the St. Lucie County Board of County Commissioners adopted
Ordinance 2013-43 amending the text of the Land Development Code to provide for a
two year administrative extension of approved site plans.
5. The amendment provides that in recognition of the real estate market conditions, any
local government issued site plan that has an expiration date of January 1, 2013
through December 31, 2014, may be eligible to be extended and renewed for a period
of two (2) years following its date of expiration.
6. The amendment further provides that for all site plans expired between the dates of
January 1, 2013 and February 28, 2014, the request for the Land Development Code
File No.: BCC 1 20 1 44722 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT PDS 14-010
March 13, 2014 SAINT LUCIE COUNTY Page 1
FILE # 3938034 03/27/2014 at 09:13 AM
OR BOOK 3615 PAGE 2505 - 2511 Doc Type: ORD
RECORDING: $61.00
extension must be timely made in writing by February 28, 2014; identify the specific
authorization for which the extension is requested, the intended use of the extension
and the anticipated time frame for acting on the authorization.
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
7. Further, pursuant to Section 11.02.06, the request for the Land Development Code
administrative extension must be reviewed by Planning and Development Services
Department, Environmental Resources Department and found not to be in significant
noncompliance with the original St. Lucie County development order granting
approval.
8. Planning Staff and Environmental Resources Department has performed a detailed
analysis of the project and determined the administrative extension is consistent with
the St. Lucie County Land Development Code and Comprehensive Plan. The analysis
is found in the memorandum titled Estancia PUD Administrative Extension, dated
March 4, 2014.
NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Planning and Development
Services of St. Lucie County, Florida:
A. Pursuant to Section 11.02.06(8)(4) of the St. Lucie County Land Development Code,
the Planned Unit Development Site Plan, approved through Resolution 07-129, is
hereby granted an extension for a period of two years from its last scheduled date of
expiration, November 20, 2013 and shall now expire November 20, 2015, for the
property described in Part B, is hereby approved with the following conditions:
1. All previous conditions of approval applicable to the subject property, as
contained in Resolution 07-129 have been consolidated as contained herein.
The property owner shall comply with all previous conditions of approval and
deadlines established by Chapter 11 of the Land Development Code and the
Board of County Commissioners, unless expressly modified herein.
2. Condition A-1 of Resolution No. 07-129 is hereby amended to read.
The issuance of Countv development permit does not in anv way create anv
rights on the part of the applicant to obtain a permit from a state or federal
agencv and does not create any liability on the part of the County if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or
federal agencv or undertakes actions that result in a violation of state or federal
law. All other applicable state or federal permits must be obtained before
commencement of the development including but not limited to state and federal
File No.: BCC 120144722
March 13, 2014
PDS 14-010
Page 2
agency approval of wetland impacts, wetland jurisdictional determinations, listed
species impacts, final mitigation plans, SFWMD Environmental Resource Permit
and Water Use Permit.
3. Condition A-2 of Resolution No. 07-129 is hereby amended to read.
10
11
12
13
14
15
16
17
18
19
20
z1
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
A condition of approval shall be that prior to issuance of a St. Lucie County
Vegetation Removal Permit, a pre-clearing meeting shall be conducted with the
clearing contractors to provide educational materials (poster & pamphlets) to
inform them of the protocol that shall be followed should a gopher tortoise(s) be
encountered.
4. Condition A-3 of Resolution No. 07-129 remains.
A condition of approval shall be that prior to the approval of a St. Lucie County
Vegetation Removal Permit, all preserve areas and individual trees shall be
barricaded with highly visible orange safety fencing at ten feet from the edge of
vegetation or dripline of tree, whichever is greater, and prior to issuance of the
first building permit certificate of occupancy, all twenty Cabbage Palms and eight
Live Oaks, measuring a total of 135", in the areas of proposed impacts will be
properly relocated.
5. Condition A-4 of Resolution No. 07-129 is hereby amended to read.
Prior to issuance of Vegetation Removal Permit or Exemption, the applicant shall
provide all reauired executed SLC (or SFWMD) conservation easements, with a
Preserve Area Monitoring and Management Plan (PAMMP) to be recorded
together with the easement, for all preserves onsite, including the wetland with
associated buffer as depicted on the site plan, along with a cashier's check,
payable to the Clerk of the Court for the appropriate recording fees, to the County
Attorney for review and approval. No easement will be approved if there are
modifications made to the SLC or SFWMD easement form without prior approval
of the County Attorney and ERD. Failure to perform this condition within the
specified timeframe may result in revocation of the site plan approval.
File No.: BCC 120144722
March 13, 2014
PDS 14-010
Page 3
6. Prior to the issuance of a Vegetation Removal Permit or Exemption the applicant
shall provide the St. Lucie County Environmental Resources Department with an
updated Environmental Impact Report (EIR).
7. Condition A-5 of Resolution No. 07-129 remains.
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
A condition of approval shall be that prior to the approval of constructable plans
by the County Engineer, the Cover Sheet to the Final Site Plan shall be amended
to show the following; A total of 138,245 sq. feet (35.10 %) of Common Open
Space provided. Common Open Space broken down as follows; 64,697 sq. feet
(46.80%) in Preserve Areas; 2,630 sq. feet (1.90%) in Recreational Areas;
19,040 sq. feet (13.77%) in Stormwater Retention /Treatment Area; 51,878 sq.
feet (37.53%) in Other Common Open Space.
8. Condition A-6 of Resolution No. 07-129 remains.
A condition of approval shall be that prior to the approval of constructable plans
by the County Engineer, the Boundary & Topographic Survey shall be amended
to reflect the correct spelling of Brantley Road. The Architectural Site Plan shall
be amended to reflect the change of Estrella Drive to Estancia Way per the St.
Lucie County Land Development Code Section 7.05.08 Sub-Section F. The
Architectural Construction Phasing Plan shall be amended to include all street
names and labeling of right-of-way dedications.
9. Condition A-7 of Resolution No. 07-129 remains
A condition of approval shall be that prior to the approval of constructable plans
by the County Engineer, the Plat Document Sheet 1 of 2 Description, Dedication
and Reservation item #2 shall be amended to read Tract A. Item #8 shall be
amended to read Estancia Fort Pierce Homeowner's Association, Inc. and
documentation provided of the Association's corporate status. The Plat
Document Sheet 2 of 2 shall be amended to reflect aright-of-way dedication of
25 feet along Brantley Road (Tract Z-1) and O.S.T.-5 shall be amended to read
O.S-5.
10. Condition A-8 of Resolution No. 07-129 remains
A condition of approval shall be that prior to the issuance of a Building Permit,
the applicant shall dedicate to the appropriate government entity, with
maintenance responsibility for the respective road, free and clear of any liens and
encumbrances, an additional 25 feet of ri~ht-of-way along South 25th Street, an
additional 30 feet of right-of-way along 27t Street, an additional 25 feet of right-
of-way along Brantley Road, and pave South 27th Street from the rear access of
the project to Cortez Boulevard, to meet FDOT and the County's requirements
and levels of service.
File No.: BCC 120144722
March 13, 2014
PDS 14-010
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
z1
22
23
24
25
z6
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
11. Condition A-9 of Resolution No. 07-129 remains.
A condition of approval shall be that prior to the issuance of any Building Permit,
the developer, his successors or his assigns, shall pay the amount of $45,111.00
to St. Lucie County to offset any and all impacts of the Estancia Planned Unit
Development for the signalization and associated roadway improvements of the
intersection of Cortez Boulevard and 25th Street.
12. Condition A-10 of Resolution No. 07-129 remains.
A conditions of approval shall be that prior to the approval of constructable plans
by the County Engineer, the Landscape Plan documents shall be amended to
reflect the enhancements to the proposed west landscaped buffer, as presented
to the Board of County Commissioners, November 20, 2007, during the public
hearing on this matter. The enhancements include the change of the proposed
opaque wall to an aluminum picket type fence; the addition of an 18 inch to 24
inch high berm to be measured from the adjacent finish grade; an increase in the
number of trees along this boundary of 15 percent or 5 trees; an increase in the
height/maturity of the trees from 12 feet to 16 feet and an increase in the
height/maturity of the hedge from 24 inches to 48 inches.
13. Condition A-11 of Resolution No. 07-129 remains
A condition of approval shall be that prior to the approval of constructable plans
by the County Engineer, the Site Plan Sheet A1.1 document shall be amended to
reflect the removal of entry gates to the proposed development.
14. Condition A-1 of Resolution No. 07-129 remains
Any matter required to be performed under the existing ordinances of the St.
Lucie County shall not be otherwise amended, modified or waived, unless such
modification, amendment, or waiver is expressly provided for with this resolution.
15. Condition A-1 of Resolution No. 07-129 remains
The developer, his successors or assigns, are not relieved from the responsibility
of obtaining the necessary permits required by Federal, State, and Local
jurisdictional agencies not mentioned within this resolution.
B. The property on which this administrative extension is being approved is described as
follows:
THE SE'/a OF THE NE'/a OF THE SE Ya OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE
40 EAST.
LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS:
File No.: BCC 1 20 1 44722
March 13, 2014
PDS 14-010
Page 5
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
PARCEL A
THE EAST 40.00 FEET OF THE SE '/a OF THE NE '/a OF THE SE ~/a OF SECTION 20,
TOWNSHIP 35 SOUTH, RANGE 40 EAST.
PARCEL B
BEGIN 242.5 FEET EAST OF THE NW CORNER OF THE SE ~/a OF THE NE Ya OF THE SE ~/a
OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE RUN EAST 217.5
FEET; THENCE RUN SOUTH 235 FEET; THENCE RUN WEST 435 FEET; THENCE RUN
NORTH 10 FEET THENCE RUN EAST 217.5 FEET; THENCE RUN NORTH 225 FEET TO
THE POINT OF BEGINNING.
PARCEL C
BEGIN AT THE NW CORNER OF THE SE'/a OF THE NE Ya OF THE SE'/a OF SECTION 20,
TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE RUN EAST 242.5 FEET; THENCE RUN
SOUTH 225 FEET; THENCE RUN WEST 242.5 FEET; THENCE RUN NORTH 225 FEET TO
THE POINT OF BEGINNING.
TOGETHER WITH
PARCEL 1
THE WEST 161.80 FEET OF THE NORTH 269.44 FEET OF THE NE Ya OF THE SE ~/a OF
THE SE ~/a OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST.
PARCEL 2
BEGIN 242.5 FEET EAST OF THE NW CORNER OF THE SE'/a OF THE NE'/a OF THE SE Ya
OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE RUN EAST 217.5
FEET; THENCE RUN SOUTH 235 FEET; THENCE RUN WEST 435 FEET; THENCE RUN
NORTH 10 FEET THENCE RUN EAST 217.5 FEET; THENCE RUN NORTH 225 FEET TO
THE POINT OF BEGINNING.
PARCEL 3
BEGIN AT THE NW CORNER OF THE SE'/a OF THE NE Ya OF THE SE Ya OF SECTION 20,
TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE RUN EAST 242.5 FEET; THENCE RUN
SOUTH 225 FEET; THENCE RUN WEST 242.5 FEET; THENCE RUN NORTH 225 FEET TO
THE POINT OF BEGINNING.
THE ABOVE DESCRIBED LANDS ALL BEING SITUATE IN ST. LUCIE COUNTY, FLORIDA.
C. This Planned Unit Development Site Plan approval administrative extension shall
expire on November 20, 2015, unless plat has been approved or an extension has
been granted in accordance with Section 11.02.06, St. Lucie County Land
Development Code.
File No.: BCC 120144722
March 13, 2014
PDS 14-010
Page 6
1
z
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
D. The Certificate of Capacity granted by the Planning and Development Services
Director shall remain valid for the period of this development order. If this order
expires or otherwise terminates, the Certificate of Capacity shall automatically
terminate.
E. The conditions set forth in Part A are an integral non-severable part of the site plan
approval as granted by this administrative extension. If any condition set forth in the
resolution is determined to be invalid or unenforceable for any reason and the
developer declines to comply voluntarily with that condition, the site plan approval
granted by this resolution shall become null and void.
F. A copy of this administrative extension shall be placed on file with the St. Lucie County
Planning and Development Services Director.
G. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 13'h day of March, 2014.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY ~~2~ v
Mark Satter e, AICP, Director
G:\Planning\PROJECT FILES\Estancia
File No.: BCC 120144722
March 13, 2014
PDS 14-010
Page 7
APPROVED AS TO FORM
AND CORRECTNESS: