HomeMy WebLinkAbout24-004 PDS ORDER 2024-004
a File No. EDO-2312000036
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I a° AN ORDER GRANTING A STATUTORY EXTENSION
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Y N PROVIDED BY FLORIDA STATUTES SECTION 252.363 TO
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- oN THE SCHEDULED EXPIRATION DATE OF THE APPROVED
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Wi-000 SITE PLAN KNOWN AS PRIMA VISTA COMMONS MAJOR
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- m o VHEREAS, the Planning and Development Services Director has reviewed the request for
a I W levelopment order extension timely submitted and in accordance with the provisions of Section
152. 363, Florida Statutes on behalf of Prima Vista Apartments, LLC and has made the following
determinations:
1. On February 7, 2024, the Planning and Development Services Director granted approval
through PDS Order 2024-001, a Minor Adjustment to Major Site Plan for a 150-unit
multifamily development to be known as Prima Vista Commons, located to the east of the
intersection of Prima Vista Boulevard and Lennard Road for certain property in St. Lucie
County, Florida, as depicted on the attached map as Exhibit"B" and described in Part "A"
below. The Minor Adjustment approved a reduction of the footprint of Wet Pond 1, to
accommodate a fifteen (15) ft wider landscape buffer along the eastern property line,
beyond the ten (10) ft. that was previously approved.
2. On May 17, 2022, the Board of County Commissioners approved a Major Adjustment to
Major Site Plan via Resolution 22-087 to allow for a 150-unit multi-family development
known as Prima Vista Commons on +/-19.84 acres of property.
3. On September 23, 2022, Governor DeSantis issued Executive Order Number 22-218
declaring a state of emergency for certain counties in the State of Florida, including St.
Lucie County, as a result of the threat of Tropical Storm Nine. This emergency declaration
was effective on September 23, 2022, and would have expired, 60 days later, on
November 22, 2022. The Governor also issued Executive Order 22-219 on September 24,
2022, expanding the state of emergency to cover the entire State of Florida.
4. On November 7, 2022, Governor DeSantis issued Executive Order 22-253 declaring a
state of emergency for certain counties in the State of Florida, including St. Lucie County,
as a result of the impending Subtropical Storm Nicole. This emergency declaration was
effective on November 7, 2022, and would have expired 60 days later, on January 6, 2023.
However, subsequent executive orders have continued to extend Executive Order 22-253,
specifically extending orders 23-02, 23-48, 23-87, 23-133, 23-170, 23-211 and 24-32.
5. On November 21, 2022, Governor DeSantis issued Executive Order 22-268 extending the
state of emergency declared in previously issued executive orders 22-218, and 22-219.
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The extension of the state of emergency was necessitated by the continued recovery
efforts and the continued recovery of affected people hit by Hurricane Ian, which still
required the support of the State of Florida. This emergency declaration was effective on
November 21, 2022, and would have expired, 60 days later, on January 20, 2023.
However, subsequent executive orders have continued to extend executive orders 22-218
and 22-219, specifically extending orders 22-268, 23-21, 23- 60, 23-104, 23-139, 23-176,
23-214, 24-02 and 24-36.
6. On December 26, 2023, Audra R. Creech, Esq., of Gunster, Yoakley & Stewart, P.A.
representing Prima Vista Apartments, LLC, filed a request to toll and extend the
termination date for the Prima Vista Commons Major Site Plan pursuant to Subsection
252.363, F.S., Executive Orders 24-36 for(Hurricane Ian), and Executive Order 24-32 for
(Hurricane Nicole).
7. Senate Bill 250, approved by the Governor on June 28, 2023, and effective July 1, 2023,
amends Section 252.363(1)(a) Florida Statutes, increasing the extension of the expiration
dates for such permits or other authorizations from six (6) months to twenty-four (24)
months per state of emergency (plus the duration of the emergency declaration), but
limiting the extended period under overlapping states of emergency to forty-eight (48)
months. When combined, they supersede the maximum allowable forty-eight (48) months
by Statute.
8. 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 December 26, 2023.
9. The Major Site Plan's current February 7, 2025, expiration date is eligible for extension
until February 7, 2029. The applicant hereby elects to extend the Major Site Plan for the
maximum (48) months allowed under Florida Statute 252.363.
10. 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 Executive Order Extension (EDO-2312-000036)," dated June19, 2024.
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 Statutes 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
2024-001 is extended from its last scheduled date of expiration; February 7, 2025, and is
now scheduled to expire on February 7, 2029, for the property described in Part B, with
the following conditions:
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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. Condition A-1 of Resolution No. 05-011:
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 with the specific conditions/standards outlined in the Land Clearing
Permit. (Remains within Resolution 2022-087)
2. Condition A-3 of Resolution No. 05-011:
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. (Remains within Resolution 2022-087)
3. Condition A-10 of PDS Order No. 14-015:
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. (Remains within Resolution 2022-087).
4. Condition 11 of Resolution 2015-023 was replaced with:
Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first,
the developer shall provide an executed Conservation Easement and 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 the
onsite wetlands and their associated upland buffers. The applicant shall also provide a
GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County.
(Accessed within Resolution 2022-087)
5. Condition 12 of Resolution 2015-023 was replaced with:
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Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first,
listed species surveys (e.g., gopher tortoise, crested caracara, etc.) shall be updated and
appropriate permits shall be obtained as required per state and/or federal protocol.
Alternatively, provide written correspondence from the appropriate agencies stating any
potential impacts have been resolved. (Accessed within Resolution 2022-087)
6. Condition 13 of Resolution 2015-023 was replaced with:
Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first,
the developers, their successor or assigns, shall conduct a pre-construction meeting with
construction personnel and Environmental Resources Department staff, addressing
vegetation and preserve habitat protection measures. (Accessed within Resolution 2022-
087)
7. Condition 14 of Resolution 2015-023 was replaced:
Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first,
the developer shall provide an approved method or combination of methods, including the
locations of all relocated canopy trees and cabbage palms, for required tree mitigation of
1,101.5" diameter at breast height (DBH) per Land Development Code 6.00.05.D.
(Accessed within Resolution 2022-087)
8. Condition 15 of Resolution 2015-023 was replaced with:
Prior to issuance of a Certificate of Occupancy, all Category I invasive plant species
located within the property boundary shall be removed. (Accessed within Resolution
2022-087)
9. Condition 16 of Resolution 2015-023, as was modified:
Prior to the issuance of a building permit, a site development permit shall be reviewed
and approved by the Public Works Department. (Remains within Resolution 2022-087)
10. Within 90 days of the Major Site Plan Adjustment, the applicant will complete dedication
of the 15ft. strip of land, west of Lennard Road, for right of way purposed. (Completed)
11. Prior to issuance of a Development Permit (Site Work or Building Permit), the applicant
shall finalize a school bus collection plan acceptable to the St. Lucie County School
District. A bench and additional sidewalk link may be appropriate to provide safety for
the selected option.
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12. Prior to issuance of a Certificate of Occupancy, an eight (8) ft. opaque fence/masonry
wall with accompanying landscaping per LDC 7.09.04(E) shall be provided along the entire
west perimeter of the parcel, less a signed and notarized administrative wall waiver
submitted from the adjacent property owner, and the required subsequent landscaping
per LDC 7.09.04(B).
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 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.
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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 February 7, 2029, unless a building permit has been issued or an
extension has been granted in accordance with Section 11.02.06, Land Development
Code.
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 Order 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.
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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 " day of �i/e\L' 2024.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY
Benj Balcer, AICP
APPROVED AS TO FORM
AND CO CTNESS:
C my Attorn y
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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- Board of County 02/01/2007 Major Site Plan
011 Commissioners Approval
08/28/2007 Resolution No. 07- Board of County 02/01/2009 Accordance with LDC
261 Commissioners Section 11.02.09(B)
extension
08/28/2007 Resolution No. 07- Board of County Right-of-way
264 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- Board of County 03/03/2017 Major Adjustment to
023 Commissioners 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
02/21/2021 PDS Order 21-008 EO 20-52 08/10/2022 COVID-19
05/17/2022 Resolution 2022- Board of County 05/17/2024 Major Adjustment to
087 Commissioners the Major Site Plan
02/07/2024 PDS Order 24-001 PDS Director 02/07/2025 Minor Adjustment to
the Major Site Plan
02/07/2025 PDS Order 24-004 EO 24-36 02/07/2029 Hurricane Ian &
EO 24-32 Hurricane Nicole
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