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Home My WebLink About24-031 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5368975 08/01/2024 09:54:18 AM OR BOOK 5186 PAGE 184-188 Doc Type:ORD RECORDING: $44.00 PDS ORDER 2024-031 File No. EDO-2404000040 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE APPROVED MAJOR SITE PLAN KNOWN AS ST. LUCIE GARDENS APARTMENTS FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a development order extension timely submitted by C. Calvert Montgomery & Associates, Inc and has made the following determinations: 1. On March 17, 2020, The Board of County Commissioners granted through approval Resolution 2020-044 a Major Site Plan to be known as St. Lucie Gardens Apartments to develop an eighty-one (81) unit multi-family residential community consisting of eight (8) residential buildings and a manager's quarters,with recreational amenities(swimming pool, playground, office/clubhouse and mail gazebo) on 9.71 acres located at 322 Kitterman Road, Port St. Lucie, situated nearly one-quarter mile east of US Highway 1 in the RM-9 (Residential, Multiple-Family) Zoning District. 2. On March 27, 2020, the County Administrator issued Executive Order 20-005, tolling permitting timeframes for active Development Orders during Covid-19. (Order 20-065 rescinded/cancelled Order 20-005). 3. On August 5, 2021, Public Works issued a Site Development Permit (SDP) in accordance with PDS Order No. 2020-044. 4. 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. 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.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 March 22, 2024, Scott Montgomery, P.E., of C. Calvert Montgomery &Associates Inc, representing the property owner, requested a development order extension for the property File No.: EDO-2404-000040 PDS 2024-031 Page: 1 known as St. Lucie Gardens Apartments pursuant to Executive Orders 22-218, (Hurricane Ian) extended through EO 24-36. 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 March 22, 2024, which is within the time frame established by the Statute for EO 24-36. 9. Planning Staff performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County Development Orders granting extensions depicted on the attached Exhibit A. Further analysis is found in the memorandum titled St. Lucie Gardens Apartments Executive Order Extension(EDO-2404-000040) Executive Order Extension, dated July 22, 2024. NOW,THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 252.363 of the Florida Statutes State of Emergency Act,the Major Site Plan and Conditional Use approval for the project known as St. Lucie Gardens Apartments has been found to be eligible for a statutory extension. The approval granted under Resolution No. 2020-044 is extended from its last scheduled date of expiration, March 17, 2022, and now shall expire November 16, 2024, for the property described in Part B, is hereby approved with the following conditions. Planning and Development Services Department— Planning Division 1) Prior to issuance of a Vegetation Removal Permit or Exemption, an updated tree mitigation plan shall be provided to the Environmental Resources Department for all impacted existing native trees meeting mitigation thresholds outlined in LDC 6.00.05(D). 2) Prior to issuance of a Vegetation Removal Permit or Exemption, updated species- specific surveys, including but not limited to gopher tortoises, per appropriate state and federal protocols. 3) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the developer shall provide an executed Conservation Easement over all onsite wetlands, 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 File No.: EDO-2404-000040 PDS 2024-031 Page: 2 Court for recording fees) to the County Attorney. The applicant shall also provide a georeferenced GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. 4) 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. 5) 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). 6) Prior to issuance of a Certificate of Occupancy, all Category I invasive plant species shall be eradicated from the site. 7) Prior to the issuance of a Certificate of Occupancy, the property owner(s), the developer, his successors or assigns, shall convey to St. Lucie County in a manner or form acceptable to the St. Lucie County Attorney, a ten (10) ft. strip of land totaling +/- 3,307.5 square feet of right-of-way along Kitterman Road (Parcel 3415- 501-0016-000-6), as depicted on the project site plan. The required sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. B. The property on which this Development Order Extension is being granted is described as follows: LEGAL DESCRIPTION: LOT 13, BLOCK 1, MODEL LAND COMPANY SUBDIVISION, OF THE SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1, PAGE 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE SOUTH 10 FEET THEREOF CONVEYED TO ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY DEED RECORDED IN OFFICIAL RECORDS BOOK 1166, PAGE 2977, OF PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Parcel ID No.: 3415-501-0016-000-6 Parcel Area: +/- 9.71 ACRES C. This Major Site Plan statutory extension approval shall expire on November 16, 2024, unless a permit is issued and active or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. D. The conditions set forth in Part A are an integral non-severable part of the site plan approval File No.: EDO-2404-000040 PDS 2024-031 Page: 3 as granted by this administrative 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. F. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning and Development Services Department. This order shall be recorded in� the Public Records of St. Lucie County. ORDER effective this /`�7lday of , 2024. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Benjamin Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY County Attorne File No.: EDO-2404-000040 PDS 2024-031 Page:4 EXHIBIT - A St. Lucie Gardens Apartments The following table provides a historic timeline of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 03/17/2020 Resolution No. 2020- The Board of County 03/17/2022 Granted Major Site 044 Commissioners Plan Approval 03/27/2020 SLC Admin Orders County Administrator 05/3/2021 Tolling permitting 20-005, 20-065 timeframes (Covid 19) 08/05/2021 Site Development Public Works 08/05/2022 Site Development Permit(SDP) Department File No.: EDO-2404-000040 PDS 2024-031 Page: 5