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Home My WebLink AboutPDS-22-040 - Sugar Sands Apartments PDS ORDER 2022-040 File No. MJSP-12202126251 AN ORDER GRANTING APPROVAL OF A MINOR SITE PLAN CONSISTING OF 84 MULTI-FAMILY RESIDENTIAL UNITS FOR A PROJECT TO BE KNOWN AS THE SUGAR SANDS APARTMENTS ON A +/- 9.69 ACRE PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for a Minor Site Plan submitted by Architect Bruce Celenski. Inc., on behalf of Anya Group, LLC, evaluated the comments of the St. Lucie County Development Review Committee on this application and has made the following determinations: 1. Architect Bruce Celenski Inc., submitted a Minor Site Plan to construct eighty-four (84) multi-family dwelling units consisting of twelve (12) residential buildings, an office building/clubhouse, pool, outdoor seating, on-site stormwater retention pond, and an outdoor playground. The site is located at the southwest corner of Miramar Avenue and Deleon Avenue, and east of Turnpike Feeder Road, within the RM-9 (Residential, Multiple-Family — 9) Zoning District, as legally described in Paragraph B and depicted on the attached site plan as Exhibit "A". 2. The St. Lucie County Development Review Committee has reviewed the proposed Minor Site Plan and found it to meet the technical requirements of the St. Lucie County Land Development Code, Comprehensive Plan, and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, subject to the conditions set forth in Part "A" of this Order. 3. Planning staff has performed a detailed analysis of the project and found it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services memorandum titled Sugar Sands Apartments — Minor Site Plan (MJSP-12202126251), dated September 26, 2022. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions. parking, utility facilities, or other matters affecting the public health, safety. and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 6. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5109258 10,14/2022 11:39 57 AM OR BOOK 4901 PAGE 2479-2484 Doc Type:ORD RECORDING: $52.50 Page 1 PDS No. 2022-040 File No.: MJSP-12202126251 NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Minor Site Plan to be known as Sugar Sands Apartments is hereby approved as shown on the site plan drawings, attached as Exhibit "A", for the project prepared by Architect Bruce Celenski, Inc., dated September 23, 2022, subject to the following conditions: 1. Within 90 days of the recorded approval order, the applicants, property owners, developers, successors, or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the County Attorney, five (5) feet of right-of-way along Royal Palm (AKA Deleon) Avenue, and ten (10) feet of right-of-way along Miramar Avenue. 2. A site development permit and roadway improvement agreement will be required prior to commencing construction. 3. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, a gopher tortoise survey conducted by a state certified gopher tortoise agent shall be required per Florida Fish and Wildlife Conservation Commission (FWC) protocol prior to initiation of any clearing activities onsite. If any construction activities are proposed within 25 ft. of any gopher tortoise burrows, a relocation permit shall also be provided in accordance with FWC requirements. 4. Prior to issuance of a Certificate of Occupancy all Category I listed invasive plants shall be eradicated from the site. B. The property on which this Minor Site Plan is being granted is described as follows: LEGAL DESCRIPTION: THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 34 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT (P.O.C.) BEING THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE N 00°02'03" W, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; FOR A DISTANCE OF 708.55 FEET; THENCE S89°59'58" W, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING (P.O.B); THENCE CONTINUE S89°59'58" W, PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13. FOR A DISTANCE OF 691.35 FEET; THENCE N00°38'11"E FOR A DISTANCE OF 486.95 FEET; THENCE N 89°21'45"W, FOR A DISTANCE OF 110.74 FEET; THENCE N08°41'58"E, FOR A DISTANCE OF 108.65 FEET; THENCE N89°58'49"E, ALONG A LINE 25 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13 (THE SAME LINE BEING THE SOUTH LINE OF THAT 25 FOOT RIGHT-OF-WAY DEED, RECORDED IN OFFICIAL RECORD BOOK 649. PAGES 27 AND 28, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA), FOR A DISTANCE OF 779.89 FEET; THENCE SOO°02'03"E, ALONG A 20 FEET WEST OF A PARALLEL TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13 (THE SAME LINE BEING THE WEST LINE OF THAT 20 FOOT RIGHT OF WAY DEED, RECORDED IN OFFICIAL RECORD BOOK 585, PAGES 1149 THROUGH 1451. OF THE PUBLIC Page 2 PDS No. 2022-040 File No.: MJSP-12202126251 RECORDS OF ST. LUCIE COUNTY, FLORIDA). FOR A DISTANCE OF 595.81 FEET TO THE POINT BEGINNING (P.O.B.). Parcel Size: 9.69-acres Parcel I.D. No.: 1313-231-0000-000-4 C. The approvals granted by this administrative order shall expire twenty-four (24) months from the effective date, unless a Building Permit is obtained or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The developer, including any successors in interest, is advised as part of this Minor Site Plan approval for Sugar Sands Apartments, all applicable development permits and construction authorizations shall be obtained from the appropriate State and Federal and Local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District. and the St. Lucie County Environmental Resources, Public Works, and Building Departments prior to the commencement of any development activities on the property described in Part "B". Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. A copy of this Order shall be attached to the site plan drawings described in Part "A", which plan shall be placed on file with the St. Lucie County Planning and Development Services Department and mailed to the developer and agent of record as identified on the site plan application. F. The conditions set forth in Part "A" are an integral non-severable part of the site plan approval granted by this Order. If any condition set forth is Part ''A" is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan adjustment granted by this order shall become null and void. G. The Site Plan, attached as Exhibit "A", shall be valid for the same period as this order. H. The Certificate of Capacity, attached as Exhibit "B", shall be valid for the same period as this order. If this order expires or otherwise terminates. the Certificate of Capacity shall automatically terminate. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part "A" above, all such appeals must be filled in writing with the County Administrator within thirty (30) days of the rendering of this Order. as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. Page 3 PDS No. 2022-040 File No.: MJSP-12202126251 J. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the day of CC k L'0C- 2022. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA - 1 BY 1 Mayte Santa a ia, anni g Director APPROVED AS 0 FORM AND CORRECTN SS: BY County Attorney Page 4 PDS No. 2022-040 File No.: MJSP-12202126251 EXHIBIT "A" (Approved Site Plan) 4 6 1 . f 1!, 1,1 , i` �.. i�_M 1� I 1'xi + - � r1mg� li f`.�`,....... , __ -!-�r.�v�M_.. i'S''w , I 4 1 ‘• .t.,.. ',„ „..- ;: ., s 1 l tI a q ' 1 1• ,1• ��,— ��,__ lid a r �1 \ • %r%err%\ r -.1` ,i 1 I1I 1/ Ain ,: I I i' ,I dip,-"4-, so 1 . , 'S f4.-' '.11 11 i 4h-t- ' ', ivu:ctil ; ' I. fr® OWAi,:I .,/1� 0 , 1 �1 • �� 1 11: I 11� ! 111 lR — I mIila, i ___d F w ciis 11..._,+..a.;=.� � 4-- II -_ rid.,� i1 '� 11IF. • i t C , 1 I ',)1'/k 1 c.fiy t 1 t a : , . 6 , ; , _ ILI 1 .6 • . . , . , . . — 1 . lop I...i ,,,,. . r 111111111,747 1 gi—if_ .. _ -- , • Oil ' . •Ill $. 0 1 ca to 1 11 1prri 1 :: 'C II III i 11 :::: i I! �4' ,I ; , ( $ 1 - R 111 111 (1 11 I=, -I f 7 li „I R(Ij i r 1 YYy F!# , II �� III 11 11 �� I •� 1II Page 5 PDS No. 2022-040 File No.: MJSP-12202126251 EXHIBIT "B" (Certificate of Capacity) St Lucie Count Certificate of Capacity Date t0./4t20' Certificate No. :'u: This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Minor Site Plan Number of units S s Number of square feet 2. Property legal description & Tax ID no. 13 13-231-0000-000-4 SW corner of Miramar Avenue and Deleon Avenue Sugar Sand.Apartments 3. Approval: Building Resolution No. 2022-040 Letter 4. Subject to the following conditions for concurrency: Outlined in I'L)S Order 2i:'22-niiii Owner's name Anya Group,LLC Address 2210 S 34th St Fort Pierce 6. Certificate Expiration Date 1O'„'2024 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. r � Signed c, 1 t 44 1. C.i h -�t.".. Date: 1014 2022 Planning and Development Services Director St Lucie County, Florida T ucsda�,October 4,2022 I'.itc I of I Page 6 PDS No. 2022-040 File No.: MJSP-12202126251