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Home My WebLink AboutPDS-18-063 - Silver Oaks PUDJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4509717 12/11/2018 11:11:16 AM OR BOOK 4211 PAGE 1963 - 1968 Doc Type: ORD RECORDING: $52.50 PDS NO. 18-063 File No. EDO 1020185388 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY FLORIDA STATUTE SECTION 252.363 TO THE APPROVED PLANNED UNIT DEVELOPNINET SITE PLAN FOR THE PROJECT KNOWN AS SILVER OAKS PUD. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for development order extension timely submitted by Lucido & Associates and has made the following determinations: 1. On March 1, 2005, through Resolution No. 05-021, the Board of County Commissioners granted approval to the Final Planned Unit Development Site Plan approval known as Silver Oaks PUD, on property located on the southeast corner of Tilton Road and Silver Oaks Drive. 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 nine times by issuing Executive Orders 17-177, 17-230, 17-285, 17-329, 18-47, 18-110, 18-177, 18-235 and 18-279 on October 16, 2018 due to the continual opioid epidemic threat to the State of Florida residents. 3. 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 seven times by issuing Executive Orders 17-304, 18-17, 18-80, 18-135, 18-214, 18- 236 and 18-281 on October 16, 2018 due to the effects of Hurricane Maria. 4 On July 9, 2018, the Governor issued Executive Order 18-191 for a period of 60 days due to the discharge of harmful water from Lake Okeechobee into the Caloosahatchee River, St. Lucie River, the Indian River Lagoon and estuaries causing a wide -spread of algae blooms. On September 6, 2018, the state of emergency was further extended by EO 18- 249 due to the health, safety and welfare of the State of Florida and its residents. 5. On October 4, 2018, the Governor issued Executive Order 18-275 for a period of 60 days due to the red tide effects on marine life and Florida's beaches. On October 17, 2018, the state of emergency was further extended by EO 18-282 due to the ongoing effects of red tide on Florida's beaches. 6. On September 14, 2018, the Governor issued Executive Order 18-253 for a period of 60 days due to the threat of Hurricane Florence to the State of Florida residents. 7. 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. EDO-1020185388 PDS Order No. 18-063 Page 1 8. Section 252.363 Florida Statutes, requires that 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 October 9, 2018. 9. 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 extensions depicted on the attached Exhibit A. Further analysis is found in the memorandum titled Silver Oaks PUD Executive Orders 17-146 (Opioid Epidemic), 17-259 (Hurricane Maria), 18-249 (Lake Okeechobee), 18-275 (Red Tide) and 18-253 (Hurricane Florence) Extensions, dated November 27, 2018. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Section 252.363 Florida Statues, of the State of Emergency Act the approval for the project known as Silver Oaks PUD has been found eligible for a statutory extension. The approval granted under PDS Order 17-014 is extended from its last scheduled date of expiration, December 29, 2018, and now shall expire February 11, 2023, 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 Resolution 05-021 have been consolidated as contained herein. Prior to issuance of a certificate of occupancy for any lot in the project, the developer or his assigns, shall be required to improve Tilton Road to County standards including construction of a right lane at the project entrance. The developer shall construct an equestrian trail and a vegetative buffer within the northern right-of-way. Pedestrian access shall be provided along the southern right-of-way; 2. Prior to issuance of a building permit for any lot in the project, the applicant shall dedicate the right-of-way for the southern alignment of Lennard Road. If the northern alignment for Lennard Road is ultimately selected, the developer shall dedicate the right-of-way required for that roadway alignment; 3. Prior to issuance of a building permit for any lot in the project, the applicant or his assigns shall provide a conservation easement in favor of St. Lucie County for the preserve areas. The conservation easement shall be in a form acceptable to the St. Lucie County Attorney. The easement shall provide that the Homeowner's association shall be responsible for maintaining the conservation easement area. Maintenance shall include exotic tree/planet removal; 4. Prior to issuance of a building permit for any lot in the project, the applicant or his assigns shall provide a monitoring and management plan for the preserve areas within the project, including any area of the property isolate by any portion of Lennard Road; EDO-1020185388 PDS Order No. 18-063 Page 2 5. Site development shall be consistent with the recommendations of the submitted environmental report; 6. Prior to issuance of a building permit for any lot in the project, the developer, or his assigns, shall submit a letter from the St. Lucie County School Board indicating that they have satisfied the requirements of the St Lucie County School Board; 7. The developer shall, as part of the construction of this development, provide for the construction of a weather shelter, or other similar structure at the main project entrance for the purpose of providing for a central pick-up and drop off location for any school bus stop/demand response transit or other like transit activity that may be caused by the development of this property; 8. At all gate controlled access points, the developers shall provide emergency override devices approved by the St. Lucie County Sheriff's Department and the St. Lucie County Fire District; and 9. The developer shall construct a 6 -foot fence along the east boundary of the property adjacent to Shana's Trail. The interior area immediately adjacent to the fence shall be planted with native vegetation. The developer shall provide and maintain a natural buffer to the maximum extent possible along the north and east boundaries of the property B. The property on which this extension is being approved is described as follows: LEGAL DESCRIPTION: TRACTS 1 THROUGH 16, INCLUSIVE, OF BLOCK 4, OF ST. LUCIE GARDENS, SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS COUNTY ROAD AND DRAINAGE EASEMENTS ALONG THE NORTH AND WEST BOUNDARIES THEREOF, AND LESS EASEMENTS ON PLAT ALONG THE EAST AND SOUTH BOUNDARIES, And LESS AND EXCEPT, A CERTAIN PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, SAID LANDS BEING A PORTION OF THE PROPOSED PLAT OF SILVER OAKS, SAID PROPOSED PLAT BEING A REPLAT OF TRACTS 1 THRU 16, BLOCK 4, PLAT NO. 1, ST. LUCIE GARDENS, AS RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST; SAID POINT ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF TRACT "A", A.K.A. PROPOSED LENNARD ROAD; THENCE S 89052'45" W, ALONG SAID SOUTH RIGHT OF WAY LINE, SAID LINE ALSO BEING THE SOUTH LINE OF THE AFORESAID SECTION 23, A DISTANCE OF 1913.85 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST, WITH A RADIUS OF 785.00', AND WHOSE CENTRAL ANGLE IS 60°39'38", AND WHOSE CHORD BEARS N 59047'26" W; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 831.10' TO A POINT WHICH LIES ON THE EASTERLY RIGHT OF WAY LINE OF SILVER OAK DRIVE, SAID LINE ALSO LYING 50.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHEAST '/4 (ONE-QUARTER), OF AFORESAID SECTION 23, SAID LINE ALSO BEING THE WEST LINE OF PROPOSED TRACT "A", A.K.A. PROPOSED LENNARD ROAD, OF THE PROPOSED PLAT OF SILVER OAKS, POINT ALSO BEING NON -TANGENT. CONTINUE N 00013'26" W, ALONG SAID LINE, A DISTANCE OF 1704.19' TO A NON-TANGENTIAL POINT OF CURVATURE OF A CURVE, CONCAVE TO THE WEST, WITH A RADIUS OF 780.00', AND A CENTRAL ANGLE OF 13000'10", AND WHOSE CHORD EDO-1020185388 PDS Order No. 18-063 Page 3 BEARS S 06043'31" E; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 177.01' TO A POINT WHICH LIES 20.00' EAST OF, AS MEASURED AT RIGHT ANGLES TO THE EASTERLY RIGHT OF WAY LINE OF THE AFORESAID SILVER OAK DRIVE, SAID LINE ALSO BEING THE EAST LINE OF PROPOSED TRACT "A", A.K.A. LENNARD ROAD OF THE PROPOSED PLAT OF SILVER OAKS; THENCE S 00°13'26" E, ALONG SAID LINE, A DISTANCE OF 1145.29', TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST, WITH A RADIUS OF 665.00', AND A CENTRAL ANGLE OF 89°53'49"; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1043.38' TO A POINT ON A LINE WHICH LIES 120.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST'/a (ONE-QUARTER), OF AFORESAID SECTION 23, SAID LINE ALSO BEING THE NORTH LINE OF PROPOSED TRACT "A", A.K.A. LENNARD ROAD, OF THE PROPOSED PLAT OF SILVER OAKS; THENCE N 89°52'45" E, ALONG SAID LINE, A DISTANCE OF 1914.27' TO A POINT ON THE EAST LINE OF THE SOUTHEAST % (ONE-QUARTER) OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ALSO BEING THE CENTERLINE OF "SHANA'S TRAIL", A PRIVATE INGRESS/EGRESS EASEMENT PER OFFICAL RECORDS BOOK 1155, PAGE 1237, ST. LUCIE COUNTY PUBLIC RECORDS; THENCE S 00°04'40" W, ALONG SAID LINE, A DISTANCE OF 120.00' TO THE POINT OF BEGINNING. Parcel ID Number: 3414-501-0801-050/8 C. This Silver Oaks Planned Unit Development Site Plan statutory extension shall expire on February 11, 2023, 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 with the project's original approval 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-1020185388 PDS Order No. 18-063 Page 4 G. This order shall be recorded in the Public Records of St. Lucie County This ORDER is effective the day of 2018. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA L Ire Filson, 4CP, Director APPROVED AS TO FORM AND CORRECTNESS: County Attorney EDO-1020185388 PDS Order No. 18-063 Page 5 EXHIBIT - A SILVER OAKS PLANNED UNIT DEVELOPMENT The following table provides a historic time line of the approvals granted to the subject site plan Date Approval Approval Granted Expiration Comments Date 02/06/2007 1 Resolution BOCC 12 -Month 03/02/2008 07-018 Extension 02/19/2008 Resolution I BOCC 12 -Month 03/01/2009 08-012 Extension 03/05/2017 PDS Order Executive Order 16-155, 12/29/2018 Lake Okeechobee 17-014 16-204 and 16-230 1 Hurricane Matthew