HomeMy WebLinkAbout24-044 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5368978 08/01/2024 09:57:46 AM
OR BOOK 5186 PAGE 216-222 Doc Type:ORD
•
RECORDING: $61.00
PDS ORDER 2024-044
File No. MNSP-8202126129
AN ORDER GRANTING APPROVAL OF A MINOR SITE PLAN
CONSISTING OF 75 MULTI-FAMILY RESIDENTIAL UNITS FOR
A PROJECT TO BE KNOWN AS THE INDRIO PINES
APARTMENTS ON A +/- 10.07 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 Stephen Cooper, P.E., of Stephen Cooper, P.E. &
Associates, Inc., on behalf of ISJ Pabon Enterprises, evaluated the comments of the St. Lucie
County Development Review Committee on this application and has made the following
determinations:
1. Stephen Cooper, P.E., of Stephen Cooper, P.E. &Associates, Inc., submitted a Minor Site
Plan to construct seventy-five (75) multi-family dwelling units consisting of fifteen (15)
residential buildings, a clubhouse and pool area, guest parking, a stormwater retention
pond, and improved landscaping on the subject site. The site is located at the northwest
corner of Indrio Road & Slash Pine Trail, 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. On August 22, 2006, the Board of County Commissioners approved Resolution No. 06-54,
granting a Major Adjustment to an existing Major Site Plan for the development of 75
townhomes as Phase II of the Heather Way Apartments. The approval order expired on
August 22, 2008.
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, 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.
4. 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 Indrio Pines
Apartments— Minor Site Plan (MNSP-8202126129), dated July 16, 2024.
5. 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.
6. 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.
Page 1 PDS No. 2024-044
File No.: MNSP-8202126129
7. 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.
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 Indrio Pines Apartments is hereby approved as shown on the site
plan drawings, attached as Exhibit "A", for the project prepared by Stephen Cooper P.E.,
of Stephen Cooper, P.E. & Associates, Inc., revised dated submitted to the Planning &
Division on March 7, 2024, subject to the following conditions:
1. Prior to the issuance of a site development permit, the applicant, property owner,
developer, successors, or assigns, shall submit the documents required for a Fee-in-
Lieu of a 12-foot multi-use path along Indrio Road. If the application is not approved by
the Board of County Commissioners, the sidewalks will be required to be constructed
after approval of the Site Development Permit and prior to Permit certification.
2. In the event the multi-use path is constructed along Indrio Road, the applicant, property
owner, developer, successors, or assigns, shall provide a sidewalk connection to the
multi-use path within 180 days.
3. If a ground sign is submitted to the St. Lucie County Building Division, the ground sign
shall require review and approval by the Planning Division for compliance with the LDC
Section 9.01.01.C. and design features.
4. Prior to building permit issuance, the current ingress/egress easement shall be
modified to reflect the main access road shown on the site plan as approved to ensure
connectivity between the subject property (Parcel ID: 1418-231-0001-010-6) and the
property to the west (Parcel ID: 1418-231-0001-000-3).
5. 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.
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 commencement of development, including, but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, an updated
100% gopher tortoise survey conducted by a state certified gopher tortoise agent per
Florida Fish and Wildlife Conservation Commission (FWC) protocol, shall be provided.
These surveys are only valid for 90 days.
Page 2 PDS No. 2024-044
File No.: MNSP-8202126129
8. 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, an updated
Florida Scrub Jay survey per U.S. Fish and Wildlife Service protocol shall be required.
9. 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, their
successor or assigns, shall conduct a pre-construction meeting with construction
personnel and Environmental Resources Department staff to verify vegetation and
preserve area protection measures have been installed.
10. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants
shall be eradicated from the site.
11. A Site Development Permit is required prior to performing site improvement activities.
In accordance with the permit and Land Development Regulations, the applicant shall
retain the FOR for site inspections and final certification.
B. The property on which this Minor Site Plan is being granted is described as follows:
LEGAL DESCRIPTION:
A parcel of land lying in the West 1/2 of the Northwest 1/4 of Section 18, Township 34
South, Range 40 East, St. Lucie County, Florida, being more particularly described as
follows:
COMMENCING at a point (P.O.C.) being the Southeast corner of the West 1/2 of the
Northwest 1/4 of said Section 18; run thence N 00° 29' 17" E along the East line of the
West 1/2 of the Northwest 1/4 of said Section 18, 40.00 feet to the North right-of-way line
of Indrio Road and the POINT OF BEGINNING (P.O.B.) of the herein described parcel;
thence run N 89° 27' 50" W along said North right-of-way line, 449.24 feet; thence run N
00° 32' 10' E, 371.18 feet; thence run N 43° 32' 10" E, 106.94 feet; thence run N 03° 02'
10" E, 485.00 feet; thence run N 71° 02' 10" E, 75.00 feet thence run N 32° 32' 10" E,
196.00 feet; thence run N 46° 57' 50" W, 92.59 feet; thence run N 90° 00' 00" W, 34.15
feet; thence run N 00° 29' 17" E, 99.03 feet to the Southerly line of HOLIDAY PINES
SUBDIVISION PHASE III, as recorded in Plat Book 20, Page(s) 19, 19A through 19G,
Public Records of St. Lucie County, Florida; thence run S 90° 00' 00" E along the Southerly
line of said HOLIDAY PINES SUBDIVISION, 282.02 feet to the East line of the West % of
the Northwest 1/4 of said Section 18; thence run S 00° 29' 17" W along the East line of the
West 1/2 of the Northwest 1/4 of said Section 18, 1,289.08 feet to the Point of Beginning.
TOGETHER WITH all right, title and interest in and to the easements appurtenant to the
above described parcel contained in that certain Joint Reciprocal Grant of Easements
dated April 6, 1988 and recorded in Official Records Book 582, at Page 2946, and re-filed
on August 2, 1988 and recorded in Official Records Book 597, at Page 957, of the Public
Records of St. Lucie County, Florida, over, upon and across the following described
property:
A parcel of land lying in the West 1/2 of the Northwest 1/4 of Section 18, Township 34
South, Range 40 East, St. Lucie County, Florida being more particularly described as
follows:
Page 3 PDS No. 2024-044
File No.: MNSP-8202126129
COMMENCING at a point (P.O.C.) being the Southeast corner of the West 1/2 of the
Northwest 1/4 of said Section 18; run thence N 00° 29' 17" E along the East line of the
West 1/2 of the Northwest 1/4 of said Section 18, 40.00 feet to the North right-of-way line
of Indrio Road; thence run N 89° 27' 50" W along said North right-of-way line, 449.24 feet
to the POINT OF BEGINNING (P.O.B.); thence run N 00° 32' 10" E, 371.18 feet; thence
run N 43° 32' 10" E, 106.94 feet; thence run N 03° 02' 10" E, 485.00 feet; thence run N 71°
02' 10" E, 75.00 feet; thence run N 32° 32' 10" E, 196.00 feet; thence run N 46° 57' 50" W,
92.59 feet; thence run N 90° 00' 00" W, 34.15 feet; thence run N 00° 29' 17" E, 99.03 feet
to the Southerly line of HOLIDAY PINES SUBDIVISION PHASE III as recorded in Plat Book
20 at pages 19 and 19-A through 19-G of the Public Records of St. Lucie County, Florida;
thence run N 90° 00' 00" W along the Southerly line of said HOLIDAY PINES
SUBDIVISION, 435.26 feet to the West line of the East 717.26 feet of the West 1/2 of the
Northwest 1/4 of said Section 18; thence run S 00° 29' 17" W along the West line of the
East 717.26 feet of the West 1/2 of the Northwest 1/4 of said Section 18, 1,282.37 feet to
the North right-of-way line of said Indrio Road; thence run S 89° 27' 50" E along said North
right-of-way line, 268.02 feet to the POINT OF BEGINNING.
Parcel Size: 10.70-acres
Parcel I.D. No.: 1418-231-0001-010-6
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 Indrio Pines 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 Federal Aviation Administration,
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.
Page 4 PDS No. 2024-044
File No.: MNSP-8202126129
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.
J. This Order shall be recorded in the ublic Records of St. Lucie County.
/1/7ORDER effective the )U! day of J , 2024.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE C TY, FLORIDA
BY 7
Benjamin Balcer, AICP, Planning Director
APPROVED AS TO FORM
AND COR TNESS:
BY
County Attorney
Page 5 PDS No. 2024-044
File No.: MNSP-8202126129
EXHIBIT "A"
(Approved Site Plan)
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Page 6 PDS No. 2024-044
File No.: MNSP-8202126129
EXHIBIT "B"
(Certificate of Capacity)
St Lucie County
Certificate of Capacity
Date 7/24/2024 Certificate No. 291
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 7> Number of square feet
2. Property legal description & Tax ID no.
1418-231-0001-010-6
N of Indrio Road,approx.7,130 sq.ft.W of US Hwy. I
Indrio Pines Apartments
3.Approval: Building Resolution No. 2024-044 Letter
4.Subject to the following conditions for concurrency:
Outlined in PDS Order 2024-044
Owner's name
ISJ Pabon Enterprises
Address
274 SW Ridgecrest Drive
Port St Lucie Fl 34953
6. Certificate Expiration Date 7i2 1 �>
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
developmetnts s) is� or the same property, use and size as described herein.
signed 7i �/ � Date:7/24/2024
Planning and Development Services Director
St Lucie County. Florida
\\rdnes(1a),,.lull 24.2024 Page I of
Page 7 PDS No. 2024-044
File No.: MNSP-8202126129