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Home My WebLink AboutPDS-18-058 - Prima Vista Comons Major Site PlanJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4489437 10/09/2018 05:19:07 PM OR BOOK 4190 PAGE 1177 - 1182 Doc Type: ORD RECORDING: $52.50 PDS 18-058 File No. EDO 920185374 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. On May 3, 2017, the Governor issued Executive Order 17-146 for a period of 60 days due to opioid epidemic threat to the State of Florida. The Governor further extended this order eight times by issuing Executive Orders 17-177, 17-230, 17-285, 17-329, 18-47, 18-110, 18-177 and 18-235 on August 17, 2018 due to the continual opioid epidemic threat to the State of Florida residents. On October 2, 2017, the Governor issued Executive Order 17-259 for a period of 60 days due to the recovery and impacts of Hurricane Maria. The Governor further extended this order six times by issuing Executive Orders 17-304, 18-17, 18-80, 18-135, 18-214 and 18- 236 on August 20, 2018 due to the effects of Hurricane Maria. 4. 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. 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 18, 2018. 6. 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 17-146 (Hurricane Maria) and 17-259 (Opioid Epidemic) Extensions, dated September 28, 2018. File No.: EDO 920185374 PDS 18-058 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 PDS Order 17-053 is extended from its last scheduled date of expiration; October 29, 2018, and is now scheduled to expire February 15, 2021, 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: File No.: EDO 920185374 PDS 18-058 Page 2 Al 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 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 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 File No.: EDO 920185374 PDS 18-058 Page 3 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 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 ID#: 3414- 501- 0608-150/6 C. This Major Site Plan statutory extension shall expire on February 15, 2021, 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 920185374 PDS 18-058 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 14ekday of Ohof>OZ,2018. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY L ie Olson, ACP APPROVED AS Tj FORM AND CO CTNESS: aw County Att File No.: EDO 920185374 PDS 18-058 Page 5 EXHIBIT — A PRIMA VISTA COMMONS The following table provides a historic time line of the approvals granted to the subject site plan Date Approval Approval Granted Expiration Comments Date 02/01/2005 Resolution No. 05-011 Board of County 02/01/2007 Major Site Plan Commissioners Approval 08/28/2007 Resolution No. 07-261 Board of County 02/01/2009 Accordance with Commissioners LDC Section extension 11.02.09(B) 08/28/2007 Resolution No. 07-264 Board of County Right-of-way Commissioners donation 12/21/2009 GM Order 09-035 Two-year extension 02/01/2011 Accordance with Florida Statutes Community Renewal Act 01/21/2011 PDS Order 11-002 Two-year extension 02/01/2013 Accordance with Senate Bill 1752 04/11/2014 PDS Order 14-015 Two-year extension 02/01/2015 Accordance with LDC Section 11.02.06 B 4 03/03/2015 Resolution 2015-023 Board of County 03/03/2017 Major Adjustment Commissioners to the Major Site Plan 11/07/2016 PDS Order 16-050 EO 16-204 01/01/2018 Increase number of algae blooms due to discharge of harmful water from Lake Okeechobee 12/28/2017 PDS Order 17-053 EO 17-235 10/29/2018 Hurricane Irma EO 17-287