HomeMy WebLinkAboutPDS-14-015 - Prima Vista Commons - Two Year Extension<_ ;
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1 PDS14-015
2 (File No. BCC 220144730)
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5 AN ORDER GRANTING A TWO-YEAR LAND
6 DEVELOPMENT CODE ADMINISTRATIVE SITE PLAN
7 EXTENSION IN ACCORDANCE WITH SECTION
s 11.02.06(B)(4) OF THE ST LUCIE COUNTY LAND
9 DEVELOPMENT CODE TO THE PREVIOUSLY APPROVED
1o MAJOR SITE PLAN KNOWN AS PRIMA VISTA COMMONS.
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12 WHEREAS, the St. Lucie County Planning and Development Services Director has
13 reviewed the request for Development Order Administrative Extension timely submitted
14 and in accordance with the provisions of Section 11.02.06.8.4 of the St. Lucie County
15 Land Development Code on behalf of Dybra PSL Development, LLC and has made the
16 following determinations:
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1s 1. On February 1, 2005, the Board of County Commissioners granted approval,
19 through Resolution No. 05-011, granting Major Site Plan approval for the project
20 known as Prima Vista Commons. The project consists of 150-unit apartment
21 complex on land located in the northeast corner of the intersection of Prima Vista
22 Blvd, Tilton Road and Lennard Road, and more particularly described in Part B
23 below.
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25 2. On August 28, 2007, the Board of County Commissioners authorized an
26 extension of the Prima Vista Commons Major Site Plan in accordance with
27 Section 11.02.06(6) Land Development Code that expired on February 1, 2009.
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29 3. On December 21, 2009, the Planning and Development Services Director in
3o accordance with Florida Statutes Community Renewal Act authorized a site plan
31 extension through GM Order 09-035 that expired on February 1, 2011.
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33 4. On January 21, 2011, the Planning and Development Services Director in
34 accordance with Senate Bill 1752 authorized a site plan extension through PDS
35 Order 11-002 which expired on February 1, 2013.
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37 5. On December 17, 2013, the St. Lucie County Board of County Commissioners
3 s adopted Ordinance 2013-43 amending the text of the Land Development Code to
39 provide for a two year administrative extension of approved site plans. The
4o amendment provides that in recognition of the real estate market conditions, any
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
File No.: BCC 220144730 PDS 14-015
April 11, 2014 SAINT LUCIE COUNTY Page 1
FILE # 3946773 PAGE 2954' 0959 ~ TYPe~ ORD
OR BOOK ~
RECORDING: 552.50
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1 local government issued site plan that has an expiration date of January 1, 2013
2 through December 31, 2014, may be eligible to be extended and renewed for a
3 period of two (2) years following its date of expiration.
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5 6. The amendment further provides that the request for the Land Development
6 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
a the extension and the anticipated time frame for acting on the authorization. The
9 applicant submitted their request to the Planning and Development Services
1o Director on January 29, 2014.
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12 7. Further, pursuant to Section 11.02.06, the request for the Land Development
13 Code administrative extension must be reviewed by Planning and Development
14 Services staff and found not to be in significant noncompliance with the original
15 St. Lucie County development order granting approval.
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17 8. Planning Staff has performed a detailed analysis of the project and determined
18 the administrative extension is consistent with the St. Lucie County Land
19 Development Code and Comprehensive Plan. The analysis is found in the
20 memorandum titled Prima Vista Commons Major Site Plan -Administrative
21 Extension, dated April 8, 2014.
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23 NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and
24 Development Services Director of St. Lucie County, Florida:
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26 A. Pursuant to the provisions of Section 11.02.06.B.4, the Major Site Plan for the
27 project known as Prima Vista Commons has been found to be eligible for and
2s consistent with the provisions contained in administrative extensions to site
29 plans such that the approval granted under Resolution No. 05-011 and further .
3 o extended under Resolution No. 07-261, GM Order 09-035 and PDS Order 11-
31 002 is extended for two years from its scheduled expiration date of February 1,
32 2013 and shall now expire February 1, 2015, subject to the following conditions:
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34 1. All previous conditions of annroval anolicable to the subiect nrogertv. as
35 contained in Resolution No. 05-011 have been consolidated as contained
36 herein. The Dronertv owner shall comply with all previous conditions of
37 aDnroval and deadlines previously established by Chanter 11 of the LDC and
3a the Board of County Commissioners, unless exrJressly modified herein.
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40 2. Condition A-1 of Resolution No. 05-011,
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42 Prior to the issuance of any Land Clearing Permits for the Prima Vista
File No.: BCC 220144730 PDS 14-015
April 11, 2014 Page 2
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Commons Site, the developers shall clearly delineate all areas to be
preserved and/or protected. Delineation shall be by either silt fencing or
another similar type material. All land clearing activities shall be in
accordance to the specific conditions/standards outlined in the Land Clearing
Permit.
3. Condition A-2 of Resolution No. 05-011,
The proposed wetland mitigation/preservation area depicted on the project
site plan is recognized as conceptual in nature and subject to Federal and
State agency approval. If agency. approvals are not obtained or if an
alternative plan is found to be more appropriate, the project mitigation plan
depicted in the site plan submittal shall be amended accordingly. Such
amendment shall be treated as a minor adjustment to the site plan.
4. Condition A-3 of Resolution No. 05-011,
The developer shall provide adequate intersection site lighting of the
intersection of the Prima Vista Commons' project entrance and Lennard
Road. The lighting shall be installed utilizing acceptable Engineering Safety
Standards.
5. Condition A-4 of Resolution No. 05-011,
Prior to the issuance of any Building Permits, the developer shall convey to
St. Lucie County the right-of-way for Lennard Road as depicted on the project
site plan. All conveyances shall be in a manner and form acceptable to St.
Lucie County.
6. Condition A-5 of Resolution No. 05-011,
Prior to the issuance of any building permits for any portion of this site,
contacts shall have been let for the construction of Prima Vista Boulevard
from the existing paved Lennard Road extension to the intersection of the
project entrance. No certificates of occupancy shall be issued until this
File No.: BCC 220144730
April 11, 2014
PDS 14-015
Page 3
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1 roadway has been completed and accepted by St. Lucie County.
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3 7. Condition A-6 of Resolution No. 05-011,
4 Prior to the issuance of a Certificate of Occupancy (CO) for any portion of the
5 Prima Vista Commons Apartment complex, the developer of the project shall
6 provide, or cause to .provide to the MSBU improvement project for Prima Vista
~ Boulevard, a right and left turn lane at the project entrance.
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9 8. Condition A-7 of Resolution No. 05-011,
1o As part of the Platting of the property, all conservation easements and
11 environmental dedications shall include St. Lucie County as a signatory or
12 entity that must approve any release, in part or total, of any portion of any
13 conservation easement or dedication.
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15 9. The followina condition is hereby added:
16 Prior to the issuance of a Vegetation Removal Permit or Exemption the
17 applicant shall provide the St. Lucie County Environmental Resources
1a Department with an updated Environmental Impact Report (EIR).
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ao 10. The followina condition is hereby added:
21 The issuance of County development permit does not in any way create any
as rights on the part of the applicant to obtain a permit from a state or federal
23 aaencv and does not create any liability on the part of the County if the
z4 applicant fails to obtain requisite approvals or fulfill the obligations imposed by
25 a state or federal aaencv or undertakes actions that result in a violation of
z6 state or federal law. All other applicable state or federal permits must be
a~ obtained before commencement of the development including but not limited
zs to state and federal aaencv approval of wetland impacts. wetland
29 jurisdictional determinations. listed species impacts. final mitigation plans.
3o SFWMD Environmental Resource Permit and Water Use Permit.
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File No.: BCC 220144730 PDS 14-015
April 11, 2014 Page 4
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2 B. The property on which this site plan extension is being granted is described as
3 follows:
23 36 40 ST LUCIE GARDENS BLK 2 S 1/2 OF LOT 8 AND ALL OF LOTS 9, 10 AND 11-LESS
RD RNV AND LESS THAT PARCEL MPDAF:THAT PART OF LOTS 9 AND 10, MPDAF:FROM
SW COR OF NW 1/4 OF SEC 23,TH N 00 15 06 W ALG W LI OF SEC 40.00 FT TO N R/W LI
OF TILTON RD,TH S 89 58 47 E ALG R/W LI 15.00 FT,TH N 00 15 06 W 34.15 FT TO CURVE
CONC SE,R OF 815 FT AND POB,TH NE ALG ARC 183.15 FT,TH N 47 15 56 E 115.25,TH N
05 05 24 E 66.96 FT TO CURVE CONC NE, R OF 1130 FT,TH NW ALG ARC 543.40 FT TO W
LI OF LOT 9,TH S 00 15 06 E ALG W LOT LI 777.25 FT TO POB AND LESS THAT PARCEL
MPDAF:THAT PART OF LOT 10, MPD, FROM SW COR OF NW 1/4 OF SEC 23,TH N 00 15 06
W ALG W LI OF SEC 40.00 FT TO N R/W LI OF TILTON RD,TH S 89 58 47 E ALG RM/ LI
151.08 FT TO POB, TH CONT S 89 58 47 E ALG RNV LI 448.33 FT TO CURVE CONC NE, R
OF 1130 FT, TH NW ALG ARC 274.35 FT,TH S 89 29 50 W 67.37,TH S 47 15 56 W 115.03 FT
TO CURVE CONC SE, R OF 685 FT, TH SW ALG ARC 105.20 FT TO N R/W LI OF TILTON RD
AND POB AND LESS THAT PARCEL MPDAF: BEG SW COR OF NW 1/4 OF SEC, TH N 00 15
06 W 40 FT, TH S 89 58 47 E 15 FT TO POB, TH N 00 15 06 W 34.15 FT TO CURVE CONC TO
SEROF815FTNEALGARC183.18FT,THN471556E115.25FT,THN050524E66.96
FT TO CURVE CONC NE R 1130 FT NW ALG ARC 543.40 FT, TH N 00 15 06 W 806.77 , TH N
89 57 02 E 115 FT, S 00 15 06 E 622.86 FT , TH N 88 28 51 E 56.48 FT, TH S 35 11 46 E
272.46 FT, TH S 52 21 26 E 35.43 FT, TH S 25 57 51 E 44.03 FT, TH S 61 57 44 E 184.38 FT,
TH S 33 15 41 E 35.45 FT , TH S 01 55 46 E 116.06 FT, TH S 23 30 08 E 108.92 FT TO CURVE
CONC NE R 272.68 FT, TH SE ALG ARC 108.92 FT TO CURVE CONC NE R 272.68 FT, TH SE
ALG ARC 180.37 FT TO CURVE CONC NE R 858.86 FT, TH SE ALG ARC 106.85 FT, TH S 30
19 34 E 58.95 FT, TH S 16 39 35 W 101.74 FT TO CURVE CONC NE R 1000 FT, TH SE ALG
ARC 155.96 FT, TH S 00 12 42 E 9.21 FT, TH N 89 58 47 W 391.85 FT TO CURVE CONC NE R
1130 FT, TH NW ALG ARC 274.35 FT, TH S 89 29 50 W 67.37 FT, TH S 47 15 56 W 115.03 FT
TO CURVE CONC SE R 685 FT, TH SW ALG ARC 105.20 FT, TH N 89 58 47 W 136.08 FT TO
POB-(20.54 AC) (MAP 34/23N) (OR 1919-1861)
Property Tax ID#3414-501-0608-150/6
34 C. This Major Site Plan administrative extension shall expire on February 1, 2015,
35 unless a building permit has been issued or an extension has been granted in
36 accordance with Section 11.02.06, Land Development Code.
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3a D. The Certificate of Capacity granted by the Planning and Development Services
39 Director shall remain valid for the period of this development order. If this order
4o expires or otherwise terminates, the Certificate of Capacity shall automatically
41 terminate
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43 E. The conditions set forth in Part A are an integral non severable part of the site
44 plan approval granted by Resolution No. 05-011. If any condition set forth in Part
45 A is determined to be invalid or unenforceable for any reason and the developer
46 declines to comply voluntarily with that condition, this development order
File No.: BCC 220144730 PDS 14-015
April 11, 2014 Page 5
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extension approval granted by this resolution shall become null and void.
F. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 11th day of April, 2014.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE CO NTY, FLORIDA
BY
Mark Satterlee~ AICP, Director
APPROVED AS TO FORM
AND COR ~ CTNESS:
J
County Attdne~
File No.: BCC 220144730
April 11, 2014
PDS 14-015
Page 6