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Home My WebLink AboutPDS-17-049 - Estancia PUDPDS ORDER 17-049 FILE NO.: EDO 1020175209 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: 1. 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 April 11, 2017, Florida Governor Rick Scott issued Executive Order (EO) 17-120 declaring a 60 day State of Emergency for Florida due to extensive brush fires caused by drought conditions. On June 9, 2017, Executive Order 17-120 was further extended by EO 17-174 for an additional 60 days. 3. On July 31, 2017, Florida Governor Rick Scott issued Executive Order 17-204 declaring a State of Emergency for Tropical Storm Emily. August 15, 2017, Florida Governor Rick Scott issued Executive Order 17-220, terminating EO 17-204 State of Emergency, making the duration for the emergency 15 days. 4. 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. 5. 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 September 19, 2017. 6. Planning Staff performed an analysis of the project and determined that the extension is consistent with all the original St. Lucie County development orders granting extensions depicted on the attached Exhibit A. Further analysis is found in the memorandum titled Estancia PUD Executive Orders 17-120, 17-174 & 17-204 Extensions, dated December 20, 2017. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT PDS 17-049 EDO 1020175209 SAINT LUCIE COUNTY December 20, 2017 FILE # 4388652 01/09/2018 11:59:44 qrq Page 1 OR BOOK 4085 PAGE 201 - 207 Doc Type: ORD RECORDING: $61.00 NOW, THEREFORE, BE IT RESOLVED by the 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 Planned Unit Development Site Plan approval for the project known as Estancia PUD has been found to be eligible for an extension. The approval granted under PDS Order 17-001 is extended for twelve (12) months and 135 days is now scheduled to expire January 24, 2020, 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. 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. 2. 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) 3. 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. 4. 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. EDO 1020175209 PDS 17-049 December 20, 2017 Page 2 5. 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). 6. 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. 7. 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. 8. 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". 9. 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. 10. 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. 11. 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 EDO 1020175209 PDS 17-049 December 20, 2017 Page 3 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. 12. 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. 13. 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. 14. 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 1/4 OF THE NE 1/4 OF THE SE 1/4 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 NE 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST. PARCEL B BEGIN 242.5 FEET EAST OF THE NW CORNER OF THE SE 1/4 OF THE NE 1/4 OF THE SE 1/4 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 C BEGIN AT THE NW CORNER OF THE SE 1/4 OF THE NE 1/4 OF THE SE 1/4 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. EDO 1020175209 PDS 17-049 December 20, 2017 Page 4 TOGETHER WITH PARCELI THE WEST 161.80 FEET OF THE NORTH 269.44 FEET OF THE NE 1/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST. PARCEL 2 BEGIN 242.5 FEET EAST OF THE NW CORNER OF THE SE 1/4 OF THE NE 1/4 OF THE SE 1/4 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 1/4 OF THE NE 1/4 OF THE SE 1/4 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 Unit Development Site Plan statutory extension shall expire on January 24, 2020, unless a Final Planned Unit Development has been approved or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development. 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. EDO 1020175209 PDS 17-049 December 20, 2017 Page 5 G. This order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the 201h day of December, 2017. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Leslie Olson, AICP (� IA- APPROVED AS TO FORM AND CORRECTNESS: EDO 1020175209 PDS 17-049 December 20, 2017 Page 6 EXHIBIT — A ESTANCIA PLANNED UNIT DEVELOPMENT The following table provides a historic time line of the approvals granted to the subject site plan Date Approval Approval Expiration Comments Granted Date 12/03/2009 GM Order 2 -YEAR 11/20/2011 Florida Statues 09-027 Statutory Community Extension Renewal Act authorized a site Ian extension 12/03/2010 PDS Order 2 -YEAR 11/20/2013 Florida Statues 10-030 SB 1752 Senate Bill Extension extension 03/13/2014 PDS Order 2 -YEAR 11/20/2015 PDS Director 14-010 Administrative granted a Land Extension Development Code extension 01/11/2016 PDS Order Executive Order 07/20/2016 Tropical Storm 16-004 15-173 Erika 05/12/2016 PDS Order Executive Order 03/20/2017 Lake Okeechobee 16-026 16-59 Discharge 01/04/2017 PDS Order Executive 09/20/2018 16-155- Increase 17-001 Orders 16-155, number of algae 16-204 and 16- blooms due to 230 discharge of harmful water from Lake Okeechobee 16-204- Increase of algae blooms 16-230- Hurricane Matthew