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HomeMy WebLinkAboutPDS-21-020 - Ravinia PUD - Statutory Extension PDS ORDER 2021 -020 FILE NO.: EDO-3202125980 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE APPROVED PLANNED UNIT DEVELOPMENT SITE PLAN KNOWN AS RAVINIA WHEREAS, the Planning and Development Services Director has reviewed the request for an extension timely submitted by Craig Perry on behalf of Ravinia Port St. Lucie, LLC, and has made the following determinations: 1. On June 6, 2017, the St. Lucie County Board of County Commissioners approved Resolution 2017-128 granting a PUD (Planned Unit Development) Site Plan project and rezoning known as Ravinia, a 148-unit single-family residential subdivision located on the south side of West Midway Road, approximately one-quarter mile west of South 25th Street in the PUD (Planned Unit Development) Zoning District. 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 Orders 20-114 on May 8, 2020, 20-166 on July 7, 2020, 20-213 on September 4, 2020, 20-276 on November 3, 2020, 20-316 on December 29, 2020, 21-45 on February 26, 2021, due to the ongoing COVID-19 pandemic. The eligible tolling period for this emergency declaration is 375 days plus six (6) months. 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 March 7, 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. Further analysis is found in the memorandum titled Ravinia PUD (Planned Unit Development) Site Plan Executive Order Extension, dated April 15, 2021. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 252.363 Florida Statues State of Emergency Act, the PUD (Planned Unit Development) Site Plan approval for the project known Ravinia has been found to be eligible for a statutory extension. The approval granted under PDS Order 2020-029 is extended from its last scheduled date of expiration; April 17, 2021, and now shall expire October 27, 2022, for the property described in Part B, is hereby approved with the following conditions. File No.: EDO-3202125980 PDS 2021-020 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Page 1 SAINT LUCIE COUNTY FILE# 4858148 05/04/2021 02:50:37 PM OR BOOK 4603 PAGE 2067-2075 Doc Type:ORD RECORDING: $78.00 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. Per the Board of County Commissioners request, the plans were modified to provide 50-foot wide lots on a portion of Ashton Circle, reducing the overall number of lots from 150 to 148. 2. The Final Plat for the Ravinia PUD shall not be recorded until constructible engineering plans are approved, and all common improvements are either: a) built and accepted or approved by St. Lucie County; or b) appropriate security is provided to St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 3. No Development Permits shall be issued by the County until a complete set of sealed constructible final engineering plans, supporting calculations and survey data for all site work and offsite improvements are submitted to the County and approved by the Public Works Department. 4. Prior to the recording of any Final Plat approval for the project, the applicant (aka Developer), successors, or assigns shall provide certain improvements to roadways, including bike paths and sidewalks, required to address this projects impacts on the County's roadway network. The following include, but are not limited to the improvements required to be provided: a) Should the Developer choose to bond all the improvements, a signed and sealed certified engineer's estimate of probable cost shall be submitted along with a fully executed Subdivision Improvement Agreement. The bond and or Letter of Credit shall include a 15% contingency for all public improvements. These improvements would include the required turn lane on West Midway Road. b) After acceptance by the County of the constructed improvements, the developer will be required to enter into a Maintenance Agreement and provide security in the amount of 15% of the cost of construction. The period of maintenance shall be for (1) one year and (30) thirty days. c) Prior to the issuance of a building permit for the construction of a single- family home in this project, the applicant shall provide engineering plans for the required turn lanes on West Midway Road. The engineering plans shall be submitted to the County Engineer for review and approval prior to the release of this condition. File No.: EDO-3202125980 PDS 2021-020 Page 2 d) Prior to the issuance of the first Certificates of Occupancy, the project access point to West Midway Road shall be completed and all construction within the Public Road right-of-way shall be approved by the County Engineer or designee. e) Prior to recording of the plat, the developer or his assigns, shall submit documentation from the St. Lucie County Fire District indicating that they have satisfied the Fire District's requirements. 5. Prior to, or as part of, the final platting of the subject property, the developers shall be required to convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney 5 feet along its western property line for the future widening of Christensen Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 6. Prior to Final Plat or issuance of a building permit approval for this project, the developers, their successors and assigns, shall provide an enforceable utility service agreement with the Port St. Lucie Utility Systems Department to ensure the provision of water and sewer services. This agreement shall be in a form consistent with the Port St. Lucie Utility Systems Department's requirements regarding utility service extensions and service provisions. 7. Prior to the issuance of Certificate of Occupancy, the developer of this project shall convey the Bus Shelter Easement along West Midway Road. Said easement shall be in a form and manner acceptable to the County Attorney. 8. Prior to issuance of a Certificate of Occupancy for the first home, the developer of this project shall convey the Bus Shelter Easement along West Midway Road. Said easement shall be in a form and manner acceptable to the County Attorney. 9. Christensen Road access shall be limited to emergency access only. The roadway shall not be used as a construction entrance for the project. All construction vehicles shall utilize the main entrance point on West Midway Road. 10. Prior to the issuance of the first building permit, the applicant shall provide documentation from the School Board indicating the obligations under the 2005 Agreement for Contribution towards School Land Acquisition between Centerline Homes, Inc. and the School Board of St. Lucie County have been met. 11. Prior to 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. 12. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide the required executed St. Lucie County conservation easement and the Environmental Resources Department-approved Preserve Area Monitoring and Management Plan (PAMMP) with an attached affidavits, and a cashier's File No.: EDO-3202125980 PDS 2021-020 Page 3 r check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. A shapefile or CAD file of the proposed conservation easement boundaries shall also be provided to the Environmental Resources Department. A copy of the standard Conservation Easement document can be obtained by visiting the St. Lucie County Environmental Resources Department website at: http://www.stlucieco.qov/pdfs/Conservation Easement Form.pdf. 13. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide a copy of the Homeowners Association guidelines (Homeowners/Property Owners Association or Declaration of Covenants documents) for ERD review. The guidelines, at a minimum, should specify restrictions for encroachment into the open space, preserve, and lake management tracts, and lay out the rights and responsibilities for maintenance of the preserve areas. 14. Prior to issuance of a Building Permit, all invasive exotic vegetation located within the property boundary shall be removed (Land Development Code Section 7.09.05). 15. Prior to 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. 16. Prior to the creation of any passive recreational uses within the upland preserve areas, ERD shall review a layout plan to ensure efforts have been made to minimize any impact to existing natural features. 17. 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. 18. All other applicable state or federal permits must be obtained before commencement of the development. B. The property on which the Planned Unit Development (PUD) Site Plan is being extended is described as follows: LEGAL DESCRIPTION: Parcel 1: the East 312.S feet of Lot 98 of Section 5, Township 36 South, Range 40 East, WHITE CITY SUBDIVISION, according to the Map or Plat thereof as recorded in File No.: EDO-3202125980 PDS 2021-020 Page 4 Plat Book 1, Page(s) 23, Public Records of St. Lucie County, Florida, less and excepting the North 40 feet thereof, for Midway Road right-of-way. Less and except therefrom, the following described real property as conveyed to St. Lucie County, a political subdivision of the State of Florida, by Special Warranty Deed recorded August 28, 2012 in Official Records Book 3426, Page 704, more particularly described as follows: (Said property being a portion of the same lands described in Official Records Book 2152, Page 1950 of the Public Records of St. Lucie County, Florida.) Commence at a magnetic nail and brass washer stamped "GCY LB4108" in a concrete curb marking the Southeast corner of the Southeast '/4 of Section 5, Township 36 South, Range 40 East; thence run North 00°12'49" West along the East line of said Southeast 1/4 a distance of 2644.30 feet to a point on the centerline of Survey of Midway Road as shown on St. Lucie County Right of Way Map of Midway Road, County Job No.0618; thence departing said East line run South 89°51'33" West along said centerline of survey a distance of 1317.44 feet; thence continuing along said centerline of survey run North 89°35'55" West a distance of 332.17 feet to a point on the Northerly extension of the East line of Lot 98 of White City as recorded in Plat Book 1, Page 23 of the Public Records of St. Lucie County, Florida, as shown on said Right of Way Map; thence departing said centerline of Survey run South 00°09'42" East along said Northerly extension a distance of 40.00 feet to a point on the existing Southerly right of way line of Midway Road as shown on said Right of Way Map for a Point of Beginning; thence continue South 00°09'42" East along the East line of said Lot 98 a distance of 55.00 feet; thence departing said East line run North 89°35'55" West parallel with the aforesaid centerline of Survey a distance of 312.52 feet to a point on the West line of the East 312.50 feet of said Lot 98; thence run North 00°09'42" West along said West line a distance of 55.00 feet to a point on the aforesaid existing Southerly Right of Way line of Midway Road; thence departing said West line run South 89°35'55" East along said existing Southerly right of way line a distance of 312.52 feet to the Point of Beginning. Parcel 2: Lots 108, 109, 110, 111, 120 and 121 in Section 5, Township 36 South, Range 40 East, WHITE CITY SUBDIVISION, according to the Map or Plat thereof as recorded in Plat Book 1, Page(s) 23, Public Records of St. Lucie County, Florida, excepting however, from the above described land the West 25 feet of Lots 108, 111 and 120 for Christensen Road right-of-way and right-of-way for N.S.L.R.D.D. Canal No. 103. Less and except therefrom, the following described real property as conveyed to St. Lucie County, a political subdivision of the State of Florida, by Statutory Warranty Deed recorded October 9, 2009 in Official Records Book 3135, Page 972, more particularly described as follows: File No.: EDO-3202125980 PDS 2021-020 Page 5 Parcel 1: Water Retention Area: A portion of Lots 108 and 109 of WHITE CITY SUBDIVISION according to the Plat thereof as recorded in Plat Book 1, at Page 23 of the Public Records of St. Lucie County, Florida, also being a portion of that certain parcel of land described in Official Records Book 2152, at Page 1950 of the Public Records of St. Lucie County, Florida, lying in the Southeast 1/4 of Section 5, Township 36 South, Range 40 East, St. Lucie County, Florida, and being more particularly described as follows: Part "A": Commence at a found parker-kalon nail and disk stamped Culpepper Terpening PCP LB 4286- marking the Northeast corner of the Southeast 1/4.Section 5, Township 36 South, Range 40 East, as shown on St. Lucie County Right of Way Map for Midway Road, County Job No. 0618; thence run South 89°56'08" West, along the North line of the said Southeast 1/4.of a distance of 2639.35 feet to the Northwest corner of said Southwest V. and the Northwest corner of Lot 99 of White City Subdivision as recorded in Plat Book 1,at Page 23 of the Public Records of St. Lucie County, Florida as shown on said Right of Way Map; thence run South 00°07'50" East along the West line of said Southeast 1/4 and the West line of said Lot 99 a distance of 661.76 feet to the Northwest corner of Lot 108 of said White City Subdivision; thence departing said West line run North 89°51'32" East along the North line of Lot 108 a distance of 25.00 feet to a point on the existing Easterly right of way line of Christensen Road as shown on the aforesaid Right of Way Map for a Point of Beginning; thence departing said existing right of way line continue North 89°51'32" East along the North line of Lots 108 and 109 of said White City Subdivision a distance of 651.27 feet to a found 3 inch diameter concrete monument with disk stamped P.R.M.LB 7264; thence departing said North line run North 89°48'29" East a distance of 20.00 feet; thence run South 00°11'31" East a distance of 62.04 feet to the point of curvature of a curve concave Northwesterly having a radius of 275.00 feet and a chord bearing of South 27°46'40" West; thence run Southwesterly along the arc of said curve through a central angle of 55°56'22" a distance of 268.49 feet to the point of tangency; thence South 55°44'51" West a distance of 106.62 feet; thence North 79°15'09" West a distance of 35.36 feet; thence North 34°15'09" West a distance of 144.03 feet to the point of curvature of a curve concave Southwesterly having a radius of 225.00 feet and a chord bearing of North 62°11'48 West; thence run Northwesterly along the arc of said curve through a central angle of 55°53'19" a distance of 219.47 feet to the point of tangency; thence South 89°51'32" West a distance of 131.91 feet; thence North 45°08'37" West a distance of 40.45 feet to a point on the aforesaid existing Easterly right of way line of Christensen Road as shown on the aforesaid Right of Way Map of Midway Road; thence run North 00°07'50" West along said existing right of way line a distance of 96.40 feet to the Point of Beginning. AND ALSO Part "B": Commence at a found parker-kalon nail and disk stamped Culpepper Terpening PCP LB 4286- marking the Northeast corner of the Southeast 1/4 File No.. EDO-3202125980 PDS 2021-020 Page 6 • Section 5, Township 36 South, Range 40 East, as shown on St. Lucie County Right of Way Map for Midway Road, County Job No. 0618; thence run South 89°56'08" West, along the North line of the said Southeast 1/4 of a distance of 2639.35 feet to the Northwest corner of said Southwest 1/4 and the Northwest corner of Lot 99 of White City Subdivision as recorded in Plat Book 1, at Page 23 of the Public Records of St. Lucie County, Florida as shown on said Right of Way Map; thence run South 00°07'50" East along the West line of said Southeast 1/4 and the West line of said Lot 99 a distance of 661.76 feet to the Northwest corner of Lot 108 of said White City Subdivision; thence departing said West line run North 89°51'32" East along the North line of Lot 108 a distance of 25.00 feet to a point on the existing Easterly right of way line of Christensen Road as shown on the aforesaid Right of Way Map; thence departing said North line run South 00°07'50" East along said existing Easterly right of way line a distance of 203.66 feet for a Point of Beginning; thence departing said existing Easterly right of way line, run North 44°49'49" East a distance of 40.51 feet; thence North 89°51'32" East a distance of 131.90 feet to the point of curvature of a curve concave Southwesterly having a radius of 175.00 feet and chord bearing of South 62°11'48" East; thence run Southeasterly along the arc of said curve through a central angle of 55°53'19" a distance of 170.70 feet to the point of tangency; thence South 34°15'09" East a distance of 144.03 feet; thence South 10°44'51" West a distance of 35.36 feet; thence South 55°44'51" West a distance of 85.91 feet to the point of curvature of a curve concave Southeasterly having a radius of 375.00 feet and chord bearing of South 44°33'08" West; thence run Southwesterly along the arc of said curve through a central angle of 22°23'26" a distance of 146.55 feet to the end of said curve and a point on the existing Northerly right of way line of St. Lucie County Canal No. 103 as shown on the aforesaid Right of Way Map of Midway Road; thence departing said curve run North 59°49'42" West along said existing Northerly right of way line a distance of 238.64 feet to a point on the aforesaid existing Easterly right of way line of Christensen Road; thence departing said existing right of way line of Canal No. 103 run North 00°07'50" West along said existing easterly Right-of-way line, of Christensen Road a distance of 233.42 feet to the Point of Beginning. (Location: East side of South Ocean Drive, approximately 2,500 feet south of the Watersong development's south entrance and 2.5 miles north of the Florida Power and Light facility on South Hutchinson Island.) Parcel ID(s) No.: 3403-502-0166-0008 and 3403-502-0200-0009 C. This PUD (Planned Unit Development) Site Plan statutory extension approval shall expire on October 27, 2022, unless a plat is recorded or an extension has been granted in accordance with Section 11.02.06, of the St. Lucie County Land Development Code. D. The conditions set forth in Part A are an integral non-severable part of this 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. File No.: EDO-3202125980 PDS 2021-020 Page 7 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. Q rh This ORDER is effective the 4-0 day of , 2021. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE CO NTY, FLORIDA BY Leslie Olso AICP APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney File No.: EDO-3202125980 PDS 2021-020 Page 8 • EXHIBIT - A Ravinia PUD (Planned Unit Development) The following table provides a historic timeline of the approvals granted to the subject site plan. Date Approval Approval Expiration Comments Granted Date 06/06/2017 Resolution No. 2017-128 Board of County 06/06/2019 Planned Unit Commissioners Development Approval 04/04/2019 PDS Order 2019-017 EO 18-191 06/02/2020 Algae Blooms EO 18-249 EO 18-311 05/12/2020 PDS Order 2020-029 EO 19-281 04/17/2021 Hurricane EO 19-234 Dorian EO 19-281 EO 20-43 File No.: EDO-3202125980 PDS 2021-020 Page 9