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HomeMy WebLinkAboutPDS-23-053 - Ibis Apartments located at 8000 S US Highway 1 PSLPDS 2023-053 File No. MNSP-2303-000064 AN ORDER GRANTING APPROVAL FOR A MINOR SITE PLAN KNOWN AS IBIS APARTMENTS FOR A PROPERTY LOCATED AT 8000 SOUTH US HIGHWAY 1, PORT ST LUCIE, FL WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for a Final PUD (Minor) Site Plan submitted by Dr. Alex Wynne on behalf of Wynne Building Corporation and the comments made by the St. Lucie County Development Review Committee on this application and has made the following determinations: 1. Dr. Alex Wynne on behalf of Wynne Building Corporation filed an application for a Final PUD (Minor) Site Plan known as Ibis Apartments, to construct 96 multi -family dwelling units, associated site improvements and future redevelopment of the existing sales facility. 2. On January 10, 2023, the Board of County Commissioners approved Ordinance 2023-2, changing the Future Land Use category of +/- 6.37 acres from COM, Commercial to RH, Residential High, and a Zoning Atlas (Rezoning) Amendment from the CIS zoning district to the PUD zoning district for the same land with an associated PUD Site Plan to be known as the Ibis PUD via Resolution 2023-15. 3. 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, and to be consistent with the St. Lucie County Comprehensive Plan, and to have 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. 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, and landscaping. 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. 7. The proposed project is served by Port St. Lucie Utility Systems Department for water and wastewater services. 8. Planning Staff has performed a detailed analysis of the project and determined it to be consistent with Sections 11.02.03 and 11.02.07, Standards for Site Plan Review of the St. Lucie County Land Development Code and has been found to generally consistent when the conditions outlined below are required. The analysis is found in the Staff Report for the Ibis Apartments Minor Site Plan (MNSP2303-000064), dated June 19, 2023. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Ibis Apartments Minor Site Plan is hereby approved as shown on the site plan drawings prepared by MAI Design Build, Inc., dated February 5, 2021, as depicted in Exhibit "A" subject to the following conditions: Page 1 MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT PDS Order No. 2023-053 SAINT LUCIE COUNTY File No.: MNSP-2303-000064 FILE # 5217526 07/17/2023 08:31:53 AM OR BOOK 5017 PAGE 273 - 279 Doc Type: ORD RECORDING: $61.00 General 1) A Site Development Permit is required prior to performing site improvement activities. Subsequent to DRC approval, the applicant may submit the required documents. In accordance with the permit and Land Development Regulations, the applicant shall retain the FOR for site inspections and final certification. Planninq and Development Service Department, Planning Division; 2) Prior to issuance of a permit for Phase 2, architectural designs for the commercial sales center shall comply with LDC Section 7.10.24. 3) Prior to issuance of a Building Permit for vertical construction, the applicant shall receive authorization from the St. Lucie County Transit Division for a new transit bus shelter on the subject parcel (overall). Prior to issuance of a Certificate of Occupancy for the Ibis Apartments, the applicant shall complete the required transit facility - coordinating with St. Lucie County Transit and the Florida Department of Transportation. 4) The Final (Minor) Site Plan shall be conditioned to require a Site Lighting certification by a photometric engineer prior to final inspection, verifying no direct light spillover to adjacent single-family residences. 5) Trees placed within ten feet of drainage structures or pipe shall include a root barrier to protect the drainage system. Environmental Resources Department: 6) Prior to commencement of development, including but not limited to; clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., a vegetation removal permit or exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 7) Prior to issuance of a vegetation removal permit/exemption, listed species surveys may be required. If any listed species impacts are found to be present as a result of these surveys, appropriate mitigative measures per state and federal agency requirements shall be provided prior to initiation of any clearing activities. 8) 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: PROPOSED DESCRIPTION (PARCEL A) A PORTION or ST. LUCIE GARDENS, ACCORDING TO THE PLAT HEREOF, RECORDED IN PLAT BOOK 1, PAGE 35. OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 4x4 CONCRETE MONUMENT LOCATED AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, THENCE SOUTH 00'20'23" EAST, A DISTANCE OF 399.39 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 1 (A 200 FOOT WIDE RIGHT-OF-WAY) (PER Page 2 PDS Order No. 2023-053 File No.: MNSP-2303-000064 FLORIDA D.O.T. MAP. PROJECT No. 94010- 2533); THENCE SOUTH 27'53'50" EAST, ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 1271.30 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE SOUTH 27'53'50" EAST, ALONG SAID LINE, A DISTANCE OF 906.26 FEET; THENCE, DEPARTING SAID RIGHT-OF-WAY, NORTH 62'05'30" EAST. A DISTANCE OF 111.50 FEET: THENCE SOUTH 27'53'50" EAST, A DISTANCE OF 188.00 FEET; THENCE NORTH 89'56'17"' EAST, A DISTANCE OF 111.15 FEET; THENCE SOUTH 00'21'45" EAST, A DISTANCE OF 12.00 FEET; THENCE NORTH 89.56017" EAST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00'21'45" EAST, A DISTANCE OF 88.05 FEET TO A POINT LOCATED APPROXIMATELY 2.0 FEET NORTH OF THE NORTH EDGE OF PAVEMENT OF MEDITERRANEAN BOULEVARD SOUTH (A PRIVATE ROADWAY), SAID LINE BEING IDENTIFIED AS A "REFERENCE LINE" ON THE SURVEY HEREON; THENCE NORTH 59'55'17" EAST, ALONG SAID "REFERENCE LINE", A DISTANCE OF 28.07 FEET; THENCE NORTH 00'38'48" WEST, A DISTANCE OF 129.98 FEET; THENCE NORTH 83'52'26" WEST, A DISTANCE or 38.42 FEET TO A POINT or CURVATURE OF A NON TANGENT CURVE TO RIGHT, WHICH THE RADIUS POINT LIES NORTH 24'36'29" EAST, A DISTANCE OF 132.92 FEET; THENCE NORTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 37'33'53", AN ARC DISTANCE OF 87.15 FEET TO A POINT OF TANGENCY; THENCE NORTH 27'49'38" WEST, A DISTANCE OF 891.38 FEET; THENCE NORTH 03'45'50" EAST, A DISTANCE OF 22.85 FEET; THENCE NORTH 27°21'25" WEST, A DISTANCE OF 156.41 FEET TO A POINT INDENTIFIED AS A "REFERENCE LINE" ON THE SURVEY HEREON; THENCE SOUTH 62'05'30" WEST, ALONG SAID "REFERENCE LINE", A DISTANCE OF 272.51 FEET, TO THE POINT OF BEGINNING. CONTAINING 6.370 ACRES (277,473.73 SQUARE FEET), MORE OR LESS. PROPOSED DESCRIPTION (PARCEL B) A PORTION OF ST. LUCIE GARDENS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 35, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 4X4 CONCRETE MONUMENT LOCATED AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, THENCE SOUTH 00'20'23" EAST, A DISTANCE OF 399.39 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 1 (A 200 FOOT WIDE RIGHT-OF-WAY) (PER FLORIDA D.O.T. MAP, PROJECT No.94010-2533); THENCE SOUTH 27'53'50" EAST.ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 2177.56 FEET TO THE POINT OF BEGINNING; THENCE, DEPARTING SAID RIGHT-OF-WAY, NORTH 62'05'30" EAST, A DISTANCE OF 111.50 FEET; THENCE SOUTH 27'53'50" EAST, A DISTANCE OF 188.00 FEET; THENCE NORTH 89'56'17" EAST, A DISTANCE OF 111.15 FEET; THENCE SOUTH 002 V45" EAST, A DISTANCE or 12.00 FEET; THENCE NORTH 69'56'17"' EAST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00'21'45" EAST, A DISTANCE OF 88.05 FEET TO A POINT LOCATED APPROXIMATELY 2.0 FEET NORTH OF THE NORTH EDGE OF PAVEMENT OF MEDITERRANEAN BOULEVARD SOUTH (A PRIVATE ROADWAY), SAID LINE BEING IDENTIFIED AS A 'REFERENCE LINE" ON THE SURVEY HEREON; THENCE SOUTH 89'56'17" WEST, ALONG SAID "REFERENCE LINE", A DISTANCE OF 264.93 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 1; THENCE, NORTH 27'53'50" WEST, ALONG SAID LINE, A DISTANCE OF 242.24 FEET TO THE POINT OF BEGINNING. CONTAINING 1.052 ACRES (45,839.46 SQUARE FEET), MORE OR LESS. Page 3 PDS Order No. 2023-053 File No.: MNSP-2303-000064 PARCEL ID No.: 3414-501-1701-000-9 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 Ibis Apartments, all applicable development permits and construction authorizations shall be obtained from the appropriate State, 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. 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 filed in writing with the County Administrator within thirty (30) days of the rendering of this Order, as described in Section 11.02.04(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. F. 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. G. 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 approval granted by this order shall become null and void. H. A Certificate of Capacity, a copy of which is attached hereto as Exhibit "B" and made a part hereof the Order, was granted by the Planning and Development Services Department Director. I. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the day of 2023. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCI UNTY, FLORIDA BY Be n Balcer, AICP Page 4 PDS Order No. 2023-053 File No.: MNSP-2303-000064 APPROVED AS TO FORM AND CORRE&NESS: , BY County Attorney Page 5 PDS Order No. 2023-053 File No.: MNSP-2303-000064 EXHIBIT "A" SITE PLAN Page 6 PDS Order No. 2023-053 File No.: MNSP-2303-000064 EXHIBIT "B" CERTIFICATE OF CONCURRENCY St Lucie Counh- Certificate of Capacity Date 6.+30 �023 Certificate No. 3242 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 :finor Site Plan Number of units 96 Number of square feet 2. Property legal description & Tax ID no. 3414-501-1701-000-9 8000 S. US Highway 1 Ibis Apartments N A 3, Approval: Building Resolution No. PDS 2023-053 Letter 4. Subject to the following conditions for concurrency: The development shall provide a new or redeveloped transit bus shelter on the parcel. Please see PDS Order 2023-053 Owner's name Wynne Building Corporatiou Address 8000 S US Highway 1 Ste 402 Port St. Lucie FL 34952 6. Certificate Expiration Date 7?712025 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 time underlying development orderissued with this certificate, or for subsequent developmenf6<er s t@d4orAhe some property, use and size as described herein. Slgued 6i3W2023 Planning and Development Services Director St Lucie County, Florida Fddag, June 30, 2023 Page 7 PDS Order No. 2023-053 File No.: MNSP-2303-000064