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Home My WebLink AboutPDS-17-015 - Carriage House Minor Site PlanPDS ORDER 17-015 EDO 1220165092 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE TO THE APPROVED CARRIAGE HOUSE MINOR SITE PLAN. 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 Leonard Property Investors, LLC, and has made the following determinations: 1. On May 20, 2016, the Planning and Development Services Director granted approval through PDS Order 16-020, granting Minor Site Plan approval for a 49 -unit multi -family residential development to be known as Carriage House on 9.7 acres, located approximately 1/5 mile east of Prima Vista Boulevard, on the south side of Tilton Road, in the RM -5 (Residential, Multiple Family — 5) Zoning District as more particularly described in Part B below and depicted on Exhibit A. 2. On June 29, 2016, Florida Governor Rick Scott, issued Executive Order EO) No. 16-155 declaring' a 60 day State of Emergency for Florida due to increased number of algae blooms as a result of frequent discharges of harmful water from Lake Okeechobee in to the St. Lucie River and Estuary. 3. On August 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16-204 extending the State of Emergency for Martin and St. Lucie counties an additional 60 days due to the increased number of algae blooms in the St. Lucie River and Estuary. 4. On October 3, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16-230 declaring a 60 day State .of Emergency for the East Coast of Florida due to the threat of Hurricane Matthew. 5. Section 252.363 Florida Statutes provides that any local government issued development order or permit may be extended from the expiration date for a period of six months plus the duration of the emergency declaration. 6. 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 30, 2016. April 12, 2017 _ _ - _ EDO 1220165092 PDS ORDER 17-015 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1 SAINT LUCIE COUNTY FILE # 4299825 04/21/2017 08:15:39 AM OR BOOK 3986 PAGE 2606 - 2609 Doc Type: ORD RECORDING: $35.50 .» :r 7. Planning Staff performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County development order granting approval. The analysis is found in the memorandum titled Carriage House Minor Site Plan Extension (File No. ED01220165092), dated April 7, 2017. NOW, THEREFORE, BE IT RESOLVED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 252.363 Florida Statutes of the State of Emergency Act, the Minor Site Plan project known as Carriage House, has been found to be eligible for an extension. The approval granted under PDS Order 16-020 is extended for eighteen (18) months and is now scheduled to expire November 20, 2019, for the property described in Part B, subject to the following conditions: All previous conditions of approval applicable to the subject property, as contained in the above referenced development order have been consolidated as contained herein. 1. Prior to the issuance of a right of way permit, the applicant shall execute a Road Improvement Agreement with St. Lucie County and submit a surety for the proposed off- site improvements. The amount of surety shall be 115% of the engineer's estimate of probable cost. Form of surety shall be approved by the County Attorney. The Agreement shall be approved and signed by the County Administrator or designee. 2. Prior to the issuance of the first Certificate of Occupancy, the applicant shall complete the required off-site improvements and submit the final certification documents to the St. Lucie County Engineering Division for review and approval. 3 Within on d--;;ys „f site . laR appFO al eF 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 [Comprehensive Plan 9.1.4.4]. The applicant shall also provide a GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. A copy of a standard Conservation Easement can be found on the St. Lucie County Environmental Resources Department website at: http://www.stiucieco.gov/pdfs/Conservation Easement Form.pdf. 4. Prior to issuance of a Vegetation Removal Permit/Exemption, the applicant shall conduct gopher tortoise surveys in accordance with Florida Fish and Wildlife Conservation April 12, 2017 EDO 1220165092 PDS ORDER 17-015 Page 2 Commission protocols. A report of survey methods/results shall be provided to the Environmental Resources Department. 5. Prior to 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, to verify vegetation protection measures have been installed. 6 Within on days of site plan -..+.+.-. val Prior to the issuance of a Vegetation Removal Permit for site development work, all invasive exotic vegetation shall be removed (Land Development Code Section 7.09.05). 7. 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. 8. All other applicable state or federal permits must be obtained before commencement of the development. 9. Prior to the issuance of a building permit, the applicant shall apply for and receive an approved St. Lucie County Stormwater Permit, in accordance with Sections 7.07.00 and 11.05.07 of the Land Development Code. 10. Prior to the issuance of the final Certificate of Occupancy, the applicant shall complete the required improvements of the project. Prior to requesting a Final Paving and Drainage Inspection, the property owner shall submit three (3) copies of signed and sealed record plans with a signed and sealed letter of completion from the project engineer. 11. Prior to the issuance of the first certificate of occupancy, the eight (8) foot high concrete wall and wetland field fence as depicted on Sheet SP -1 shall be constructed in its entirety around the perimeter of the development. B. The property on which this Minor Site Plan approval is being granted is described as follows: LOT 5, BLOCK 3, ST. LUCIE GARDENS, LESS THE SOUTH 10 FEET THEREOF AND LESS THE ROAD RIGHT-OF-WAY, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 35, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND LYING AND BEING IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST. April 12, 2017 PDS ORDER 17-015 EDO 1220165092 Page 3 Parcel ID: 3414-501-0705-000-0 Location: 1/5 mile east of Prima Vista Boulevard, on the south side of Tilton Road C. This Minor Site Plan statutory extension approval shall expire on November 20, 2019 unless a building permit is issued 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 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. ORDER effective the 121h day of April, 2017. April 12, 2017 PDS ORDER 17-015 PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Lesee Olson, AIC APPROVED AS TO FORM AND CORRECTNESS: EDO 1220165092 Page 4