HomeMy WebLinkAboutPDS-21-008 - Prima Vista Commons Major Site Plan MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
• SAINT LUCIE COUNTY
FILE# 4822524 02/23/2021 02:56:16 PM
OR BOOK 4560 PAGE 1319-1324 Doc Type:ORD
RECORDING: $52.50
PDS ORDER 2021 -008
File No. EDO-1202125934
AN ORDER GRANTING A STATUTORY EXTENSION
PROVIDED BY FLORIDA STATUTES SECTION 252.363 TO
THE SCHEDULED EXPIRATION DATE OF 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:
1. On March 3, 2015, the Board of County Commissioners approved 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 to be located on 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 March 9, 2020, the Governor issued Executive Order 20-52 for 60 days due to the
threat of COVID-19 to the State of Florida. The Governor further extended this Order
through Executive Order 20-114 on May 8, 2020, Executive Order 20-166 on July 7, 2020,
Executive Order 20-213 on September 4, 2020, Executive Order 20-276 on November 3,
2020, and Executive Order 20-316 on December 29, 2020, due to the ongoing COVID-19
pandemic.
3. 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 (6) months.
4. Section 252.363 Florida Statutes requires that a specific written notice be filed with the
issuing authority within ninety (90) days after the termination of the declaration of
emergency. The applicant applied for this extension on January 25, 2021.
5. 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. The analysis found in the memorandum titled Prima
Vista Commons Extension, dated February 8, 2021.
File No.: EDO-1202125934 PDS 2021-008
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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
Adjustment to 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
18-058 is extended from its last scheduled date of expiration; February 15, 2021, and is
now scheduled to expire August 10, 2022, for the property described in Part B, 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:
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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
File No.: EDO-1202125934 PDS 2021-008
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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 Adjustment to the Prima Vista Commons Major Site Plan statutory extension
shall expire on August 10, 2022, unless a building permit has been issued or an extension
has been granted in accordance with Section 11.02.06, Land Development Code.
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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 1114k day of 2021.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
c
BY
Leslie Olso , AICP
APPROVED A TO FORM
AND CO ECTNESS:
County Attorne
File No.: EDO-1202125934 PDS 2021-008
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EXHIBIT—A
PRIMA VISTA COMMONS
The following table provides a historic timeline 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
Commissioners Adjustment 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
10/04/2018 PDS Order 18-058 EO 17-146 02/15/2021 Opioid Epidemic
EO 17-259 Hurricane Maria
File No.: EDO-1202125934 PDS 2021-008
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