HomeMy WebLinkAboutPDS-17-053 - Prima Vista Commonsr
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4388653 01/09/2018 11:59:44 AM
OR BOOK 4085 PAGE 208 - 212 Doc Type: ORD
RECORDING: $44.00
PDS 17-053
File No. EDO 1120175232
AN ORDER GRANTING A STATUTORY EXTENSION
PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO
THE SCHEDULED EXPIRATION DATE TO THE APPROVED
SITE PLAN KNOWN AS PRIMA VISTA COMMONS MAJOR
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 Dybra PSL Development, LLC and has made the
following determinations:
On March 3, 2015, the Board of County Commissioners granted approval, through
Resolution No. 15-023, granting a Major Adjustment to a Major Site Plan for the project
known as Prima Vista Commons. The project consists of 120 -unit senior housing facility
on land located in the northeast corner of the intersection of Prima Vista Blvd, Tilton Road
and Lennard Road, and more particularly described in Part B below.
2. November 7, 2016, the Planning and Development Services Director granted through PDS
16-050 a development order extension due to Executive Order 16-204 (Expiration
01/01/2018).
3. On September 4, 2017, the Governor issued Executive Order 17-235 for a period of 60
days due to threat of Hurricane Irma.
4. On November 2, 2017, the state of emergency was further extended for 60 days by
Executive Order 17-287 due to the ongoing recovery from the hurricane.
5. 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.
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 21, 2017.
7. Planning Staff performed an analysis of the project and determined that this statutory
extension is consistent with all the original St. Lucie County development orders granting
approval. The analysis found in the memorandum titled Prima Vista Commons EO 17-235
and 17-287 Extensions, dated December 28, 2017.
File No.: EDO 1120175232
December 28, 2017
PDS 17-053
Page 1
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director of St. Lucie County, Florida:
A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act, the Major Site
Plan approval for the project known as Prima Vista Commons has been found to be eligible
for an extension. The approval granted under this PDS Order is extended for 120 days
and 6 months and is now scheduled to expire October 29, 2018, for the property described
in Part B, is hereby approved with the following conditions:
All previous conditions of approval applicable to the subject property, as contained in
the above -referenced development orders have been consolidated as contained herein.
1. Prior to the issuance of any Land Clearing Permits for the Prima Vista 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.
2. 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.
3. As part of the Platting of the property, all conservation easements and environmental
dedications shall include St. Lucie County as a signatory or entity that must approve
any release, in part or total, of any portion of any conservation easement or
dedication.
4. 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.
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.
File No.: EDO 1120175232
December 28, 2017
PDS 17-053
Page 2
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 of200 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
B. The property on which this site plan extension is being granted is described as follows:
The south 1/2 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 5/8 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
File No.: EDO 1120175232 PDS 17-053
December 28, 2017 Page 3
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 minutes 10 seconds, 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 degrees 15 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 5/8 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 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 degrees 15 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 IN: 3414- 501- 0608-150/6
C. This Major Site Plan statutory extension shall expire on October 29, 2018, unless a
building permit has been issued or an extension has been granted in accordance with
Section 11.02.06, Land Development Code.
File No.: EDO 1120175232 PDS 17-053
December 28, 2017 Page 4
D. The conditions set forth in Part A are an integral non severable part of the site plan
approval 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.
G. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 28th day of December, 2017.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY Z§-r�
Leslie Olson, AICP y(,c f o sa., '
APPROVED AS TO FORM
File No.: EDO 1120175232 PDS 17-053
December 28, 2017 Page 5