HomeMy WebLinkAboutPDS-16-026 - Estancia Planned Unit2
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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4194059 05/26/2016 at 12:37 PM
OR BOOK 3872 PAGE 2177 - 2182 Doc Type: ORD
RECORDING: $52.50
PDS ORDER 16-026
FILE NO.: BCC 520165019
AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY
SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED
EXPIRATION DATE TO THE APPROVED ESTANCIA PLANNED UNIT
DEVELOPMENT
WHEREAS, the Planning and Development Services Director has reviewed the request for
development order extension timely submitted and in accordance with the provisions of Section
252.363, Florida Statues 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 expired
on November 20, 2013.
4. On March 13, 2014, the Planning and Development Services Director 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 January 11, 2016, the Planning and Development Services Director in accordance with
Florida Statutes Section 252.363 of the State of Emergency Act Executive Order 15-173
authorized a site plan extension scheduled to expire on July 20, 2016.
6. On February 26, 2016, Florida Governor Rick Scott, issued Executive Order EO) No. 16-59
declaring a 60 day State of Emergency for Florida due to Lake Okeechobee discharges from
heavy rainfall during the winter and spring months of 2015-2016.
7. 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.
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May 12, 2016
PDS 16-026
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1 8. Section 252.363 Florida Statutes requires that a specific written notice be filed with the issuing
2 authority within ninety days after the termination of the declaration of emergency. The applicant
3 applied for this extension on May 4, 2016.
4
5 9. Planning Staff performed an analysis of the project and determined that the extension is
6 consistent with the original St. Lucie County development order granting approval. The analysis
7 is found in the memorandum titled Estancia PUD Executive Order 16-59 Extension, dated May
8 12, 2016.
9
10 NOW, THEREFORE, BE IT RESOLVED by the Planning and Development Services Director of St.
11 Lucie County, Florida:
12
13 A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act, the Planned
14 Development Site Plan approval for the project known as Estancia PUD has been found to
15 be eligible for an extension. The approval granted under PDS Order 16-004 is extended for
16 60 days and 6 months and is now scheduled to expire March 20, 2017, for the property
17 described in Part B, is hereby approved with the following conditions.
18
19 1. All previous conditions of approval applicable to the subject property, as contained in
20 the above -referenced development orders have been consolidated as contained
21 _ herein. The property owner shall comply with all previous conditions of approval and
22 deadlines established by Chapter 11 of the Land Development Code and the Board of
23 County Commissioners, unless expressly modified herein.
24
25 2. The issuance of County development permit does not in any way create any rights on
26 the part of the applicant to obtain a permit from a state or federal agency and does not
27 create any liability on the part of the County if the applicant fails to obtain requisite
28 approvals or fulfill the obligations imposed by a state or federal agency or undertakes
29 actions that result in a violation of state or federal law. All other applicable state or
30 federal permits must be obtained before commencement of the development including
31 but not limited to state and federal agency approval of wetland impacts, wetland
32 jurisdictional determinations, listed species impacts, final mitigation plans, SFWMD
33 Environmental Resource Permit and Water Use Permit.
34
35 3. A condition of approval shall be that prior to issuance of a St. Lucie County Vegetation
36 Removal Permit, a pre -clearing meeting shall be conducted with the clearing
37 contractors to provide educational materials (poster & pamphlets) to inform them of
38 the protocol that shall be followed should a gopher tortoise(s)
39
40 4. A condition of approval shall be that prior to the approval of a St. Lucie County
41 Vegetation Removal Permit, all preserve areas and individual trees shall be barricaded
42 with highly visible orange safety fencing at ten feet from the edge of vegetation or
43 dripline of tree, whichever is greater, and prior to issuance of the first building permit
44 certificate of occupancy, all twenty Cabbage Palms and eight Live Oaks, measuring a
45 total of 135", in the areas of proposed impacts will be properly relocated.
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May 12, 2016 Page 2
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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.
S. 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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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 condition 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.
A. The property on which this development order extension is being granted is described as
follows:
THE SE %4 OF THE NE % OF THE SE % 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 % OF THE NE % 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 % OF THE
SE % OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE RUN EAST
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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 % 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
PARCEL1
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 Planned Development Site Plan statutory extension approval shall expire on March 20,
2017 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 statutory 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
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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
and Development Services Department.
G. This order shall be recorded in the Public Records of St. Lucie County.
This ORDER is effective the 12th day of May, 2016.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
1
BY
L I [son, 1CP
APPROVED AS TO FORM
AND CORRECTNESS:
County
GAPIanning\PROJECT FILES\Estancia\Estancia E015-173 Ext
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