HomeMy WebLinkAboutPDS-16-050 - Prima Vista Commons Major Site PlanJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4258949 12/16/2016 04:27:0g pM
DR BOOK 3943 PAGE 2750 - 2755 Doc Type: ORD
RECORDING: $52.50
1 PDS ORDER 16-050
2 FILE NO.: EDO 1020165072
3
4 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY
5 SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED
6 EXPIRATION DATE TO THE APPROVED SITE PLAN KNOWN AS
7 PRIMA VISTA COMMONS MAJOR SITE PLAN.
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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 Dybra PSL Development, LLC and has made the following
determinations:
1. On February 1, 2005, the St. Lucie County Board of County Commissioners through
Resolution No. 05-011 granted Major Site Plan approval for a 150 unit apartment complex
on 33.6 acres located in the northeast corner of the intersection of Prima Vista Blvd, Tilton
Road and Lennard Road in the RM -5 (Residential, Multiple -Family -5) Zoning Disrtict.
2. On August 28, 2007, the St. Lucie County Board of County Commissioners through
Resolution No. 07-261 granted a Major Site Plan extension with an expiration date of
February 1, 2009.
3. On August 28, 2007, the St. Lucie County Board of County Commissioners through
Resolution No. 07-264 accepted right-of-way.
4. On December 21, 2009, the Growth Management Director through GM 09-035 approved
a Major Site Plan extension under the Community Review Act with an expiration date of
February 1, 2011.
5. On January 21, 2011, the Planning and Development Services Director through PDS
Order 11-002 approved a Major Site Plan extension under the Senate Bill 1752 with an
expiration date of February 1, 2013.
6. On April 11, 2014, the Planning and Development Services Director through PDS Order
14-015 approved a Major Site Plan extension in accordance with Section 11.02.06(B)(4)
Land Development Code with an expiration date of February 1, 2015.
7. On March 3, 2015, the Board of County Commissioners approve a Major Adjustment to
the Major Site Plan for a 120 -unit senior housing facility with an expiration date of March
3, 2017.
8. On June 29, 2016, Florida Governor Rick Scott, issued Executive Order 16-155 declaring
a 60 day State of Emergency for Martin and St. Lucie counties due to increased number
algae blooms in local waterways as the result of discharges from Lake Okeechobee into
EDo 1020165072
November 7. 2016
PDS 16-050
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1 the St. Lucie River and Estuary.
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3 9. On August 29, 2016, Florida Governor Rick Scott, extended Executive Order 16-155 an
4 additional 60 days through Executive Order 16-204.
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6 10. Section 252.363 Florida Statutes provides that any local government issued development
7 order or permit may be extended from the period remaining for the duration of the
8 emergency declaration plus six months.
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10 11. Section 252.363 Florida Statutes requires that a specific written notice be filed with the
11 issuing authority within ninety days after the termination of the declaration of emergency.
12 The applicant applied for this extension on October 17, 2016.
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14 12. Planning Staff performed an analysis of the project and determined that the extension is
15 consistent with the original St. Lucie County Development Order granting approval. The
16 analysis is found in the memorandum titled Prima Vista Commons Major Site Plan EO 16-
17 204 Extension, dated November 7, 2016.
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19 NOW, THEREFORE, BE IT RESOLVED by the Planning and Development Services Director of
20 St. Lucie County, Florida:
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22 A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act, the Major Site
23 Plan approval for the project known as Prima Vista Commons has been found to be eligible
24 for an extension. The approval granted under this PDS Order is extended for 120 days
25 and 6 months and is now scheduled to expire January 1, 2018, for the property described
26 in Part B, is hereby approved with the following conditions.
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28 All previous conditions of approval applicable to the subject property, as contained in the
29 above -referenced development orders have been consolidated as contained herein.
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31 1. Prior to the issuance of any Land Clearing Permits for the Prima Vista Commons Site,
32 the developers shall clearly delineate all areas to be preserved and/or protected.
33 Delineation shall be by either silt fencing or another similar type material. All land
34 clearing activities shall be in accordance to the specific conditions/standards outlined
35 in the Land Clearing Permit.
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37 2. The developer shall provide adequate intersection site lighting of the intersection of
38 the Prima Vista Commons' project entrance and Lennard Road. The lighting shall be
39 installed utilizing acceptable Engineering Safety Standards.
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41 3. As part of the Platting of the property, all conservation easements and environmental
42 dedications shall include St. Lucie County as a signatory or entity that must approve
43 any release, in part or total, of any portion of any conservation easement or dedication.
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45 4. The issuance of County development permit does not in any way create any rights on
46 the part of the applicant to obtain a permit from a state or federal agency and does not
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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 pians, SFWMD
Environmental Resource Permit and Water Use Permit.
5. Within 90 days of site plan approval or prior to issuance of a Vegetation Removal
Permit or Exemption, whichever comes first, the applicant shall provide the required
executed Conservation Easement, approved Preserve Area Monitoring and
Management Plan (PAMMP) with an attached affidavit and cashier's check (payable
to the Clerk of the Court for recording fees) to the County Attorney for review and
approval. A copy of a standard Conservation Easement can be found on the St. Lucie
County Environmental Resources Department website at:
httpa/www.stiucieco.gov/pdfs/Conservation—Easement—Form.pdf.
6. Prior to the issuance of a Vegetation Removal Permit or Exemption, a gopher tortoise
survey per Florida Fish and Wildlife Conservation Commission protocol, shall be
provided to the Environmental Resources Department. Should the survey show
impacts to gopher tortoises, a Florida Fish and Wildlife Conservation Commission
permit shall be required.
7. Prior to the issuance of a Vegetation Removal Permit or Exemption, the developers,
their successor or assigns, shall conduct a pre -construction meeting with construction
personnel and Environmental Resources Department staff, addressing vegetation
protection measures.
8. Prior to the issuance of Building Permit the developers, their successor or assigns,
shall satisfy the remaining 635 inches in diameter at breast height (DBH) discrepancy
in tree mitigation, by paying into the St. Lucie County Tree Mitigation Fund at a cost of
$200 per inch DBH.
9. Prior to the issuance of a Building Permit, all invasive exotic vegetation located within
the property boundary shall be removed.
10. Prior to the issuance of a building permit on-site constructability plans shall be
reviewed and approved by the Public Works Department, Water Quality and
Engineering Divisions.
11. Prior to the issuance of a building permit, architectural drawings (all building sides)
shall be submitted and reviewed by the Planning and Development Services
Department, Planning Division staff to demonstrate compliance with LDC, Section
7.10.24 — Community Architectural Standards.
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B The property on which this development order extension is being granted is described as
follows:
The south 112 of lot 8 and all of lots 9, 10 and 11, Block 2, ST. LUCIE GARDENS, located
in Section 23, Township 36 South, Range 40 East according to the plat thereof, recorded
in Plat Book 1, Page 35, of the public records of St. Lucie County, Florida.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL:
PARCEL B:
That portion of lots 9 and 10, Block 2, ST. LUCIE GARDENS, located in Section 23,
Township 36 South, Range 40 East as recorded in Plat Book 1, Page 35, of the public
records of St. Lucie County, Florida, more particularly described as follows:
Commencing at a 518 inch iron rod and cap stamped "LB 1221" marking the southwest
corner of the northwest quarter of Section 23, Township 36 south, Range 40 east, St.
Lucie county, Florida thence north 00 degrees 15 minutes 06 seconds west along the
west line of said quarter, a distance of 40.00 feet; thence departing said west line
run south 89 degrees 58 minutes 47 seconds east along the easterly extension of the
north right-of-way of Tilton road a distance of 15.00 feet to the west line of the aforesaid
lot 10; thence north 00 degrees 15 minutes 06 seconds west along said west lot line a
distance of 34.15 feet to the point of beginning, being a non- tangent point on a curve
concave to the southeast having a radius of 815.00 feet, a Central angle of 12 degrees
52 minutes 40 seconds, a chord bearing of north 40 degrees 49 minutes 36 seconds
east, and a chord length of 182.79 feet; thence from a tangent bearing of north 34
degrees 23 minutes 16 seconds east departing said west lot line run northeasterly along
said curve an arc distance of 183.18 feet to the point of tangency; thence north 47
degrees 15 minutes 56 seconds east a distance of 115.25 feet; thence north 05 degrees
05 minutes 24 seconds east a distance of 66.96 feet to a non -tangent point on a curve
concave to the northeast having a radius of 1130.0 feet, a central angle of 27 degrees 33
minutes10seconds, a chord bearing of north 23 degrees 22 minutes 26 seconds west, and
a chord length of 538.18 feet; thence from a tangent bearing of north 37 degrees 09
minutes 01 second east run northwesterly along said curve an arc distance of 543.40
feet to the west line of the aforesaid lot 9; thence south 00 degrees15 minutes 06
seconds east along said west lot line a distance of 777.25 feet to the point of beginning.
Containing 1.72 acres, more or less.
PARCEL C:
That portion of lot 10, block 2, St. Lucie Gardens, located in Section 23, Township 36
South, Range 40 east, as recorded in plat book 1, page 35, of the public records of
St. Lucie County, Florida, more particularly described as follows:
Commencing at a 518 inch iron rod and cap stamped "LB 1221" marking the southwest
corner of the northwest quarter of Section 23, Township 36 South, Range 40 East, St.
Lucie county, Florida; thence north 00 degrees 15 minutes 06 seconds west along the
west line of said quarter, a distance of 40.00 feet; thence departing said west line run
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south 89 degrees 58 minutes 47 seconds east along the north right-of-way of Tilton road
and its easterly extension a distance of 151.08 feet to the point of beginning, thence
continuing south 89 degrees 58 minutes 47 seconds east along said north right-of-way
a distance of 448.33 feet to a non -tangent point on a curve concave to the northeast
having a radius of 1130.0 feet, a central angle of 13 degrees 54 minutes 39 seconds, a
chord bearing of south 55 degrees 17 minutes 25 seconds east, and a chord length of
273.68 feet; thence from a tangent bearing of north 62 degrees 14 minutes 45 seconds
west departing said north right-of-way run northwesterly along said curve an arc distance
of 274.35 feet; thence south 89 degrees 29 minutes 50 seconds west a distance of 67.37
feet; thence south 47 degrees15 minutes 56 seconds west a distance of 115.03 feet to
the point of curvature of a curve concave to the southeast having a radius of 685.0 feet,
a central angle of 08 degrees 47 minutes 57 seconds, a chord bearing of south 42 degrees
51 minutes 58 seconds west, and a chord length of 105.09 feet; thence from a tangent
bearing of south 47 degrees 15 minutes 56 seconds west run southwesterly along said
curve an arc distance of 105.20 feet to the point of beginning. Containing 0.90 acres,
more or less.
Tax ID#: 3414-501-0608-15016
C. This Major Site Plan statutory extension approval shall expire on January 1, 2018 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
and Development Services Department.
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G. This order shall be recorded in the Public Records of St. Lucie County.
This ORDER is effective the 7th day of November, 2016.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUP I'r�[Y, FLORIDA
ie Olson,
APPROVED AS TOY FORM
AND CORRECTNESS:
County Attorney
G \Ptanning\PROJECT FILESIBPSC Major Site Plan-1BPSC Major Site Plan Extension BCC -920165059
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