HomeMy WebLinkAboutPDS-16-004 - Estancia PUD Site PlanJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4150254 01/14/2016 at 02:10 PM
OR BOOK 3827 PAGE 794 - 799 Doc Type: RESO
RECORDING: $52.50
PDS NO. 16-004
(File No. BCC 1120154957)
AN ORDER GRANTING A STATUTORY EXTENSION
PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO
THE SCHEDULED EXPIRATION DATE TO THE APPROVED
ESTANCIA PUD SITE PLAN.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for development order extension timely submitted by Dean, Mead, Minton & Zwemer on
behalf of Estancia Fort Pierce, LLC, and has made the following determinations:
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 March 13, 2014, the Director of Planning and Development Services granted a two
year Land Development Code administrative extension in accordance with Section
11.02.06(B)(4) that expired on November 20, 2015.
5. On August 28, 2015, Florida Governor Rick Scott issued Executive Order (EO) No. 15-
173 declaring a State of Emergency for Florida due to the threat of Tropical Storm Erika.
6. Section 252.363 Florida Statutes provides that any local government issued development
order or permit may be extended from the period remaining for the duration of the
emergency declaration plus six months.
7. Section 252.363 Florida Statutes requires that a specific written notice be filed with the
issuing authority within ninety days after the termination of the declaration of emergency.
The applicant applied for this extension on November 5, 2015.
8. Planning Staff performed an analysis of the project and determined that the extension is
File No.: BCC 1120154957 PDS Order No. 16-004
January 11, 2016 Page 1
consistent with all the original St. Lucie County development orders granting approval.
The analysis is found in the memorandum titled Estancia PUD Tropical Storm Erika
Emergency Order 15-173 Extension, dated January 11, 2016.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director:
A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act the approval
for the project known as Estancia PUD Site Plan has been found to be eligible for a
statutory extension. The approval granted under PDS Order No. 14-010 is extended from
its last scheduled date of expiration, November 20, 2015, and shall now expire July 20,
2016, 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 the above -referenced development orders 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. 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 agency 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 agency 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 agency approval of
wetland impacts, wetland jurisdictional determinations, listed species impacts, final
mitigation plans, SFWMD Environmental Resource Permit and Water Use Permit.
3. 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)
4. 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.
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January 11, 2016 Page 2
5. Prior to issuance of Vegetation Removal Permit or Exemption, the applicant shall
provide all required 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.
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. 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. 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. 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 a right-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. 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 right-of-way along South 25th Street, an additional 30 feet of
right-of-way along 27th 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.
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January 11, 2016 Page 3
11. 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. 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. 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. 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. 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 development order extension is being granted is described as
follows:
THE SE Y. OF THE NE Y. OF THE SE Y. OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40
EAST.
LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS:
PARCEL A
THE EAST 40.00 FEET OF THE SE %4 OF THE NE Y. OF THE SE % OF.SECTION 20, TOWNSHIP
35 SOUTH, RANGE 40 EAST.
PARCEL B
BEGIN 242.5 FEET EAST OF THE NW CORNER OF THE SE % OF THE NE %4 OF THE SE
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.
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January 11, 2016 Page 4
PARCEL C
BEGIN AT THE NW CORNER OF THE SE % OF THE NE % OF THE SE % 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 % OF THE SE % OF THE
SE % OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST.
PARCEL 2
BEGIN 242.5 FEET EAST OF THE NW CORNER OF THE SE % OF THE NE % OF THE SE %<
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 % OF THE NE % OF THE SE % 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.
PARCEL ID NUMBERS:
2420-414-0003-000/8, 2420-414-0002-000/1, 2420-414-0001-000/4
C. This Estancia PUD Site Plan statutory extension approval shall expire on July 20, 2016
unless a building permit is issued and active or an extension. has been granted in
accordance with Section 11.02.06, St. Lucie County Land Development Code
D. The conditions set forth in Part A are an integral, non -severable part of the site plan
approval as granted by this extension. If any condition set forth in Part A is determined to
be invalid or unenforceable for any reason and the developer declines to comply
voluntarily with that condition, this development order extension approval granted by this
resolution shall become null and void.
E. 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.
F. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning
File No.: BCC 1120154957 PDS Order No. 16-004
January 11, 2016 Page 6
and Development Services Department.
G. This order shall be recorded in the Public Records of St. Lucie County.
This ORDER is effective the 11th day of January, 2016.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE CQUNTY, FLORIDA
01
LesW Olson,
APPROVED AS TO FORM
AND CORRECTNESS:
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File No.: BCC 1120154957
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PDS Order No. 16-004
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