HomeMy WebLinkAboutPDS-23-083 - Estancia PUD PDS ORDER 2023-083
FILE NO.: MJSP-2210-000015
AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES
DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A
MINOR ADJUSTMENT TO THE ESTANCIA PLANNED UNIT
DEVELOPMENT (PUD) FOR A PROPERTY LOCATED ON THE
WEST SIDE OF 25TH STREET, APPROXIMATELY 0.25 MILES
NORTH OF EDWARDS ROAD AND 0.25 MILES SOUTH OF CORTEZ
BOULEVARD, IN ST. LUCIE COUNTY, FLORIDA.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
application for a Minor Adjustment to the Estancia Planned Unit Development (PUD) Site Plan
submitted by KMA Engineering and Surveying, LLC., on behalf of Estancia Development LLC,
evaluated the comments of the St. Lucie County Development Review Committee on this
application and has made the following determinations:
1. KMA Engineering and Surveying, LLC., submitted on behalf of Estancia Development LLC, a
Minor Adjustment to the Estancia PUD Site Plan. The Adjustment seeks approval to narrow
the South 25th Street driveway to 36 feet, update the Environmental Impact Report, the Tree
Mitigation Plan and the Landscape Plan to address the previous conditions of approval,
relocate the proposed lift station near 25th Street, shift both bus stop locations, modify the
building architectural style from Spanish to modern/traditional style, shift the location of
Building A, and increase the project's overall parking spaces by eleven (11). The subject
project is located on the west side of 25th Street, approximately 0.25 miles north of Edwards
Road and 0.25 miles south of Cortez Boulevard, within the PUD (Planned Unit Development)
Zoning District.
2. On November 20, 2007, the Board of County Commissioners granted Resolution 07-129,
approving the Planned Unit Development Final Site Plan for the project known as Estancia
PUD. The project consists of 12 single-family homes and 66 multi-family dwelling units on
10.38 acres, located on the west side of 25th Street, approximately one-quarter mile north of
Edwards Road and one-quarter mile south of Cortez Boulevard in the PUD (Planned Unit
Development) Zoning District.
3. The Planning and Development Services Director granted extensions through PDS Order
numbers 09-027, 10-030, 14-010, 16-004, 16-026, 17-001, 17-049 (PDS Order 17-049 was
amended by PDS Order 18-005 due to a scrivener's error), 2020-015, 2020-083, 2022-052.
Through these orders,the site plan was extended from its original expiration date of November
20, 2009, to April 30, 2024.
Page 1 PDS No. 2023-083
File No.: MJSP-2210-000015
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5284667 01/03/2024 02:24:31 PM
ORD
OR BOOK 5091 PAGE 59-68 Doc Type:
RECORDING: $86.50
4. The St. Lucie County Development Review Committee has reviewed the proposed Minor
Adjustment 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 Sections 11.02.05 and 11.02.07, Standards for Site Plan Review, subject to the conditions
set forth in Part A of this Order.
5. 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 Minor Adjustment to
Estancia Planned Unit Development(MJSP-2210-000015), dated November 9, 2023.
6. 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 public health, safety, and general welfare.
7. 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.
8. 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.
9. The subject property is located inside the Urban Service Boundary. Water and wastewater
service will be supplied by Fort Pierce Utilities Authority (FPUA).
NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of
St. Lucie County, Florida:
A. Pursuant to Sections 11.02.05.E. and 11.02.07 of the St. Lucie County Land Development
Code, the Minor Adjustment to the Estancia PUD is hereby approved as shown on the site
plan drawings, prepared by KMA Engineering and Surveying, LLC., dated October 21,
2022, subject to the following conditions:
1. Within 30 days of approval, the applicant and/or property owners shall record warranty
deeds in the St. Lucie County Public Records to combine the project parcels( Parcel ID#s
2420-414-0003-000/8, 2420-414-0002-000/1, 2420-414-0001-000/4). (New)
2. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall
be eradicated from the site. (New)
The Conditions of Approval within Resolution No. 07-129 shall remain active with this Site
Plan modification, unless modified previously, with minor updates as denoted below:
Page 2 PDS No. 2023-083
File No.: MJSP-2210-000015
3. 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.
4. Prior to issuance of a St. Lucie County Vegetation Removal Permit, a pre-clearing meeting
shall be conducted with the clearing contractors to provide educational materials (poster
& pamphlets) to inform them of the protocol that shall be followed should a gopher
tortoise(s).
5. Prior to the approval of a St. Lucie County Vegetation Removal Permit, all preserve areas
and individual trees shall be barricaded with highly visible orange safety fencing at ten feet
from the edge of vegetation or dripline of tree, whichever is greater, and prior to issuance
relocated(Condition of Approval(COA) partially addressed).
6. Prior to issuance of Vegetation Removal Permit or Exemption, the applicant shall provide
all required executed SLC (or SFWMD) conservation asemcntc, with a Preserve Ar a
Monitoring and Management Plan (PAMMP) to be recorded together with the casement,
recording fees, to the County Attorne
s made to the SLC or SFWMD casement form without
prior approval of the County Attorney and ERD. Failure to perform this condition within the
pecified timeframe mn�i result in revoca n of the- oit nlan ppro yal
vpcv,,,ccr- n—m—rcvwutierr-vr-�-r�u,re (Condition of
Approval modified through #7, and prior PDS Orders).
7. Within 90 days of Minor Adjustment to PUD (MJSP-2210-000015) approval or prior to
Certificate of Occupancy, whichever comes first, the developer shall provide an executed
Conservation Easement over the preserved area, along with the 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. The
applicant shall also provide a georeferenced GIS shapefile or CAD file of the conservation
easement's boundaries to St. Lucie County.
8. Prior to the issuance of a Vegetation Removal Permit or Exemption, the applicant shall
nr thhe t. Luucie 'o, my EE,nvirenmental Rey ounces Department with an u date
Page 3 PDS No. 2023-083
File No.: MJSP-2210-000015
Environmental Impact Report (EIR) (Condition of Approval, added since Res. No. 07-
129, has been addressed).
9. Prior to the approval of construction plans by thc County Engineer, the Cover Sheet to the
Final Site Plan shall be amended to show thc following; A total of 138,245 sq. fcct(35.10
a
64,697 sq. feet(46.80%) in Preserve Areas; 2,630 sq. fcct(1.90%)in Recreational Areas;
19,040 sq. feet (13.77%) in Stormwater Retention / Treatment Area; 51,878 sq. feet
(37.53%) in Other Common Open Space (Updated site plan reflects compliance with
Open Space requirements and Site Data accuracy).
10. Prior to the approval of construction plans by the County Engineer, thc Landscape Plan
landscped buffer nc+ presented to the Ronrd of County Commi sionero November `149
2007, during the public hearing on this matter. The enhancements include the change of
the proposed opaque wall to an aluminum picket type fence; the addition of an 18 inch to
24 inch high orm to be- red from the odi Gent ish-grade—an increase-in-the
ether of treies �+Io�ng thTinn ry of 1F nt er 5 trees; an in ease in the
height/maturity of the trees from 12 feet to 16 feet and an increase in the height/maturity
of the hedge from 24 inches to 48 inches (Condition of Approval addressed).
11. Prior to the issuance of a Building Permit, Within 90 days of development approval, the
applicant shall dedicate to the appropriate government entity, with maintenance
responsibility for the respective road, free and clear of any liens and encumbrances, an
additional 25 feet of right of way along South 25th Street, an additional 30 feet of right-of-
way along 27th Street, an additional 25 feet of right-of-way along Brantley Road, and pave
South 27th Street from the rear access of the project to Cortez Boulevard, to meet FDOT
and the County's requirements and levels of service (Condition of Approval amended
and modified through #12 & 13).
12. Upon the request of St. Lucie County, the applicant, property owner, developer,
successors, or assigns, shall convey to St. Lucie County, in a manner or form acceptable
to the County Attorney, 25 feet of reserved right-of-way along South 25th Street. (New)
13. Prior to the issuance of a Certificate of Occupancy, paving requirements and access for
South 27th Street from the rear access of the project to Cortez Boulevard are required to
meet the Florida Department of Transportation and the County's requirements and levels
of service. (New)
14. Prior to the issuance of any Building Permit, the developer, his successors or his assigns,
shall pay the amount of$45,111.00 to St. Lucie County to offset any and all impacts of the
Estancia Planned Unit Development for the signalization and associated roadway
improvements of the intersection of Cortez Boulevard and 25th Street.
Page 4 PDS No. 2023-083
File No.: MJSP-2210-000015
15. Prior to the approval of construction plans by the County Engineer, the Boundary &
The Architectural Site Plan shall be amended to reflect the change of Estrella Drive to
Section F. The Architectural Construction Phasing Plan shall be amended to include all
street names and
16. Prior to the approval of construction plans by the County Engineer, the Plat Document
Sheet 1 of 2 Description, Dedication and Reservation item #2 shall be amended to read
"Tract A". Item #8 shall be amended to read "Estancia Fort Pierce Homeowner's
Association, Inc."and documentation provided of the Association's corporate status. The
font along -ar,tley Road /Tract 7 1) and O F T_5 oholl he amended to re d "O C 5" (A
Plat is not proposed).
17. Prior to the approval of construction plans by the County Engineer, the Site Plan Sheet
A1.1 document shall be amended to reflect the removal of entry gates to the proposed
development (Entry gates are not proposed).
18. Any matter required to be performed under the existing ordinances of the St. Lucie County
shall not be otherwise amended, modified or waived, unless such modification,
amendment, or waiver is expressly provided for with this resolution Order.
19. The developer, his successors or assigns, are not relieved from the responsibility of
obtaining the necessary permits required by Federal, State, and Local jurisdictional
agencies not mentioned within this resolution site plan adjustment.
B. The property on which this development order extension is being granted is described as
follows:
THE SE % OF THE NE % OF THE SE % OF SECTION 20, TOWNSHIP 35 SOUTH,
RANGE 40 EAST.
LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS:
PARCEL A
THE EAST 40.00 FEET OF THE NE % OF THE SE 1/4 OF THE SE 14 OF SECTION 20,
TOWNSHIP 35 SOUTH, RANGE 40 EAST.
PARCEL B
BEGIN 242.5 FEET EAST OF THE NW CORNER OF THE SE ' OF THE NE % OF THE
SE % OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE RUN EAST
Page 5 PDS No. 2023-083
File No.: MJSP-2210-000015
217.5 FEET; THENCE RUN SOUTH 235 FEET; THENCE RUN WEST 435 FEET;
THENCE RUN NORTH 10 FEET; THENCE RUN EAST 217.5 FEET; THENCE RUN
NORTH 225 FEET TO THE POINT OF BEGINNING.
PARCEL C
BEGIN AT THE NW CORNER OF THE SE ' OF THE NE ' OF THE SE % OF SECTION
20, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE RUN EAST 242.5 FEET;
THENCE RUN SOUTH 225 FEET; THENCE RUN WEST 242.5 FEET; THENCE RUN
NORTH 225 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH
PARCEL 1
THE WEST 161.80 FEET OF THE NORTH 269.44 FEET OF THE NE '/4 OF THE SE %
OF THE SE ' OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST.
PARCEL 2
BEGIN 242.5 FEET EAST OF THE NW CORNER OF THE SE % OF THE NE ' OF THE
SE % OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE RUN EAST
217.5 FEET; THENCE RUN SOUTH 235 FEET; THENCE RUN WEST 435 FEET;
THENCE RUN NORTH 10 FEET; THENCE RUN EAST 217.5 FEET; THENCE RUN
NORTH 225 FEET TO THE POINT OF BEGINNING.
PARCEL 3
BEGIN AT THE NW CORNER OF THE SE ' OF THE NE % OF THE SE ' OF SECTION
20, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE RUN EAST 242.5 FEET;
THENCE RUN SOUTH 225 FEET; THENCE RUN WEST 242.5 FEET; THENCE RUN
NORTH 225 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED LANDS ALL BEING SITUATE IN ST. LUCIE COUNTY,
FLORIDA.
PARCEL ID NUMBERS:
2420-414-0003-000/8, 2420-414-0002-000/1, 2420-414-0001-000/4
C. This Planned Unit Development Site Plan adjustment approval shall expire on April 30,
2024, unless a building permit is issued or an extension has been granted in accordance
with Section 11.02.06, of the Land Development Code.
D. The developer, including any successors in interest, is advised as part of this Minor
Adjustment, the developer shall obtain all applicable development permits and
Page 6 PDS No. 2023-083
File No.: MJSP-2210-000015
construction authorizations 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, South Florida Water Management
District, the St. Lucie County Environmental Resources, Public Works, and Building
Departments, and the St. Lucie County Fire District, 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 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.
F. A copy of this Order shall be attached to the site plan drawings, which shall be placed on
file with the St. Lucie County Planning and Development Services Department and copies
provided 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 in 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. The active 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.
Page 7 PDS No. 2023-083
File No.: MJSP-2210-000015
This Order shall be recorded in the Public Records of St. Lucie County.
This ORDER is effective the day of Dtur-6.r, 2023.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Benjar'rii"n Balcer, AICP
APPROVED AS TO FORM
AND CORRECTNESS:
BY
Count Attorney
Page 8 PDS No. 2023-083
File No.: MJSP-2210-000015
EXHIBIT A
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Page 9 PDS No. 2023-083
File No.: MJSP-2210-000015
EXHIBIT B
(Certificate of Capacity)
St Lucie County
Certificate of Capacit}
Date 12/7/2023 Certificate No.
This document certifies that concurroncy will bo 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 Adjustment to Estancia PUD
Number of units 78 Number of square feet
2.Property legal description 8 Tax ID no.
West side of 25''Street,approximately 0.25 miles north of Edwards Road and 0.25 miles
south of Cortez Boulevard.
2420-414-0003-000/8,2420-414-0002-000/1,2420-414-0001-000/4
3.Approval: Building Resolution No. 2023-083 Letter
4.Subject to the following conditions for concurroncy:
Outlined in PDS Order 2023-083
Owner's name
Estancia Development LLC
Address
2030 S Ocean DR Apt 2221
Hallandale Beach,FL 33009
6.Certificate Expiration Date 04/30/2024
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 bo extended only under the same terms and conditions as the
undorlyingdevelop nt or issued with this certificate,or for subsequent
dovelopmentprdor(s►2 su or the same property.use and size as described heroin.
Signed Date: 12/7/2023
Plcnni g and Development Services irector
St Lucie County.Florida
Thursday,December 7,2023 Page t of t
Page 10 PDS No. 2023-083
File No.: MJSP-2210-000015