HomeMy WebLinkAboutPDS-14-008 - Valencia Country Estates - Two Year ExtensionJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
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SAINT LUCIE COUNTY
FILE # 3945872 04/21/2014 at 12:19 PM
OR BOOK 3623 PAGE 571 - 576 Doc Type: ORD
RECORDING: $52.50
PDS 14-008
FILE NO.: BCC 1 201 4471 4
AN ORDER GRANTING A TWO-YEAR LAND
DEVELOPMENT CODE ADMINISTRATIVE EXTENSION TO
SITE PLANS PROVIDED BY SECTION 11.02.06(B)(4) TO
THE SCHEDULED EXPIRATION DATE TO THE
PREVIOUSLY APPROVED MAJOR SITE PLAN FOR THE
PROJECT KNOWN AS VALENCIA COUNTRY ESTATES.
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 Gulfstream Developers, LLC and has made the following
determinations:
1. On June 19, 2007, the Board of County Commissioners adopted Resolution 07-128,
granting Major Site Plan approval for the project known as Valencia Country Estates.
The project consists of fifty-four (54) single family residential lots on 68.14 acres
located on the north side of Orange Avenue, approximately one (1) mile west of the
Florida Turnpike in the AG-1 (Agricultural - 1 du/acre) Zoning District.
2. On December 2, 2009, the Planning and Development Services Director in
accordance with Florida Statutes Community Renewal Act authorized a site plan
extension which expired on June 19, 2011.
3. On November 30, 2010, the Valencia Country Estates Major Site Plan expiration date
of June 19, 2011 was further extended in accordance with Florida Statues Senate Bill
1752 for two years and was scheduled to expire on June 19, 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 development order or permit 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 the request for the Land Development Code
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.
File No.: BCC 1 201 4471 4
February 28, 2014
PDS 14-008
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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 Valencia Country Estates Administrative Extension,
dated February 28, 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(6)(4) of the St. Lucie County Land Development Code,
the Major Site Plan, approved through Resolution 07-128, is hereby granted an
extension for a period of two years from its scheduled date of expiration, June 19,
2009, with the new expiration date being June 19, 2013 and shall now expire June 19,
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 propertv, as
contained in Resolution 07-128 have been consolidated as contained herein.
The propertv 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. 07-128 remains.
Prior to the recording of any Final Plats of the Valencia Country Estates, the
developer, his successors or assigns, shall pay Road Impact Fees to St. Lucie
County in the amount of $2,616.00 per single family lot. The developer, his
successors or assigns, shall not be responsible for any additional Road Impact
Fee payments to St. Lucie County. Should the Board of County
Commissioners approve a Road Impact Fee adjustment more than or less than
the agreed to payment schedule described above, the above described
schedule shall apply.
3. Condition A-2 of Resolution No. 07-128 remains.
The Final Plat for Valencia Country Estates shall not be recorded until
constructible engineering plans are approved, and all common improvements
are either:
File No.: BCC 120144714
February 28, 2014
PDS 14-008
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a. built and accepted or approved by St. Lucie County; or
b. appropriate security is provided to St. Lucie County in a form approved
by the County Attorney and an amount approved by the County
Engineer, including an amount necessary to cover the period of
maintenance required by the Land Development Code.
4. Condition A-3 of Resolution No. 07-128 is hereby amended:
No final site plan construction Development Permits shall be issued by the
County until complete sets of sealed constructible final engineering plans,
supporting calculations and survey data for all site work and offsite
improvements are submitted to the County and approved by the Public Works
Department, Utilities Department, Environmental Resources Department,
Planning & Development Services Department, St. Lucie
County Fire District, and any other agency or County Department that may be
determined by the Director of Planning & Development
Services to be necessarily involved in the review and approval of the
constructible final engineering plans for the site work and offsite improvements.
The determination of whether or not plans submitted by the applicant constitute
a complete set of constructible plans shall be made by the departments
involved in the plan review within five business days of the date the plans are
received in the Department of Growth Management.
5. Condition A-4 of Resolution No. 07-128 remains:
Prior to the recording of any Final Plats for the Valencia Country Estates
project, the developer, his successors, or assigns shall pay a fair share
contribution toward the improvement of the intersection of Kings Highway and
Orange Avenue. To the extent permitted under the County's Code and
Compliesd Laws, any such dedication may be considered eligible for Road
Impact Fee Credits.
6. Condition A-5 of Resolution No. 07-128 remains:
Prior to the recording of any Final Plats for the Valencia Country Estates
project, the developer, his successors or assigns shall convey to St. Lucie
County, the north 50 feet along Orange Avenue of the subject property for
additional right-of-way for Orange Avenue. To the extent permitted under the
County's Code and Complied Laws, any such dedication may be considered
eligible for Road Impact Fee Credits.
7. Condition A-6 of Resolution No. 07-128 is hereby amended:
File No.: BCC 120144714
February 28, 2014
PDS 14-008
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Prior to issuance of Vegetation Removal Permit or Exemption, the applicant
shall provide all required executed SLC conservation easements (or SFWMD),
with a Preserve Area Monitoring and Management Plan (PAMMP) to be
recorded as affidavit to 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.
8. Condition A-7 of Resolution No. 07-128 is hereby amended to read:
ronoivorl
The issuance of County development permit does not in any way create any
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 agencv approval of wetland impacts, wetland jurisdictional
determinations, listed species impacts, final mitigation plans, SFWMD
Environmental Resource Permit and Water Use Permit.
9. Condition A-8 of Resolution No. 07-128 remains:
As-builts of the entire wetland area (including preserved and created areas)
shall be provided to SLC upon completion of grading associated with wetland
creation and restoration.
File No.: BCC 120144714
February 28, 2014
PDS 14-008
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10. 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).
11. Condition A-9 of Resolution No. 07-128 remains:
The hours of operation for construction activities shall be limited to the time
period from 7:00 A.M. to 5:30 P.M., Monday through Friday, 7:00 A.M. to 1:00
P.M. Saturday and no work on Sundays. No construction shall take place on
Federal Holidays. The hours of operation restrictions do not apply to sales
activities. In the event the County adopts uniform hours of operation for
construction activities that apply county wide, then such hours of operation
shall supersede the hours of operation set forth herein.
The property on which this administrative extension is being approved is described as
follows:
B
THE WEST 688.87 FEET OF THE NORTHWEST ~/a OF SECTION 9, TOWNSHIP 35
SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY FLORIDA; LESS CANAL RIGHT-
OF-WAY; ALSO LESS THE RIGHT-OF-WAY FOR ORANGE AVENUE AS
RECORDED IN PLAT BOOK 22, PAGE 16, PUBLIC RECORDS OF ST. LUCIE
COUNTY FLORIDA; AND ALSO LESS THE EAST 150.00 FEET OF THE WEST
192.50 FEET OF THE SOUTH 478.00 FEET OF THE NORTHWEST 1/a OF SAID
SECTION 9; ALL LYING AND BEING IN SECTION 9, TOWNSHIP 35 SOUTH,
RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA
AND
THE WEST ~/z OF THE NORTHWEST ~/a OF SECTION 9, TOWNSHIP 35 SOUTH,
RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; LESS THE RIGHT-OF-WAY
FOR ORANGE AVENUE AS RECORDED IN PLAT BOOK 22, PAGE 16, PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND ALSO LESS THE WEST
688.87 FEET THEREOF; AND ALSO LESS THE EAST 163.67 FEET THEREOF;
ALL LYING AND BEING IN SECTION 9, TOWNSHIP 35, SOUTH, RANGE 39 EAST,
ST. LUCIE COUNTY, FLORIDA
(PROPERTY TAX I.D. NUMBERS: 2309-221-0000-000/3 AND 2309-220-0000-
000/0)
(Location: North side of Orange Avenue, approximately one (1) mile west of
the Florida Turnpike.
This Major Site Plan Approval administrative extension shall expire on June 19, 2015,
unless plat has been approved or an extension has been granted in accordance with
C
File No.: BCC 1 201 4471 4
February 28, 2014
PDS 14-008
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Section 11.02.06, St. Lucie County Land Development Code.
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 for 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 28th day of February, 2014.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY
Mark Satter ee, AICP, Director
APPROVED AS TO FORM
AND CORRECTNESS:
File No.: BCC 1 201 4471 4
February 28, 2014
PDS 14-008
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