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HomeMy WebLinkAbout26-033MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5645788 07/16/2026 02:00:36 PM OR BOOK 5504 PAGE 1323 - 1328 Doc Type: ORD RECORDING: $52.50 PDS ORDER 2026-033 File Number: MJSP-2512-000037 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR ADJUSTMENT TO THE MAJOR SITE PLAN KNOWN AS SABAL PALM GROVE PUD, FOR A PROPERTY 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 Major Site Plan submitted by WGI, Inc., on behalf of SCG-Atlas Emerson LLC, evaluated the comments of the St. Lucie County Development Review Committee on the application and has made the following determinations: 1) WGI, Inc., on behalf of SCG-Atlas Emerson LLC, is requesting a Minor Adjustment to a Major Site Plan to adjust sidewalk and driveway location(s) for tree preservation in various locations in the community and to convert a portion of the proposed lake tract into dry retention. The site is located at the southeast corner of Emerson Avenue and Deland Avenue. The site is within the Planned Unit Development (PUD) Zoning District and has an RU (Residential, Urban) Future Land Use designation. 2) On August 7, 2007, the Board of County Commissioners approved Resolution No. 07- 122, granting an Amendment to the Official Zoning Atlas from AG-1 (Agricultural — 1 du/acre) to the RS-4 (Residential, Single -Family — 4 du/acre) Zoning District. 3) On April 2, 2024, the Board of County Commissioners approved Resolution No. 2024- 010, granting an Amendment to the Official Zoning Atlas from RS-4 (Residential, Single - Family — 4 du/acre) to the PUD (Planned Unit Development) Zoning District and preliminary PUD site plan approval for the Sabal Palm Grove PUD. 4) On October 15, 2024, the Board of County Commissioners approved Resolution No. 2024-206 to develop a sixty-one (61) lot single-family subdivision with integrated pedestrian links, landscaping, a stormwater management tract, and a linear park with amenities within the PUD (Planned Unit Development) Zoning District. 5) On January 30, 2026, the Planning & Development Services Director approved PDS Order 2026-08 for a development order extension due to the threat of Tropical Storm Nine/Hurricane Ian. The extension request granted the project a new expiration date of August 11, 2029, from the project's previous expiration date of October 15, 2026. 6) The Development Review Committee has reviewed the site plan petition for the project and found it meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the St. Lucie County Land Development Code. 7) Planning Staff has performed a detailed analysis of the project and determined 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 Department PDS Order No. 2026-033 Page 1 File No: MJSP-2512-000037 memorandum titled Saba/ Palm Grove PUD — Minor Adjustment to Major Site Plan (MJSP-2512-000037), dated July 8, 2026. 8) 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. 9) 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. 10) The proposed project will be served by St. Lucie County Utilities for water and wastewater services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.07 of the St. Lucie County Land Development Code, the proposed Minor Adjustment to the Major Site Plan for Sabal Palm Grove, is hereby approved as shown on the site plan for the project prepared by WGI, Inc., dated December 17, 2025, and revised through June 5, 2026, subject to all previous conditions of approval as contained in Resolution 2024-206 remain, in addition to the following: 1. 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 formal wetland jurisdictional determination or Environmental Resource Permit (ERP) shall be provided from the appropriate state and/or federal agencies, consistent with LDC 11.02.09.A.5 and Chapter 6 of CP Policy 6.1.12.4. 2. 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 Category III Wetland Waiver shall be approved by the ERD Director. 3. 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., updated listed species surveys (e.g., gopher tortoise, crested caracara, etc.) shall be provided/updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys appropriate permits from state and federal agencies shall be required. 4. 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., payment of the outstanding fee -in -lieu of tree mitigation shall be paid to the county's tree mitigation fund. 5. 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 PDS Order No. 2026-033 Page 2 File No: MJSP-2512-000037 Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 6. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. 7. Prior to the issuance of a development permit, a public access sidewalk easement is required over the sidewalk within the "linear park' to satisfy sidewalk requirements along the project frontage. 8. The Plat shall provide sidewalk easements as necessary over sidewalk links proposed within private lots. B. The property on which this Minor Adjustment to a Major Site Plan is being granted is described as follows: Legal Description: THE NORTH 'h OF THE SOUTHWEST %4 OF THE SOUTHWEST %, SECTION 2, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE, FLORIDA, LESS AND EXCEPTING THE WEST 68 FEET THEREOF FOR ROAD AND CANAL RIGHT-OF- WAY. CONTAINING 19.39 ACRES MORE OR LESS. Location: Southeast corner of Emerson Avenue and Deland Avenue. Parcel ID Number: 1302-331-0000-000-7 C. The Minor Adjustment shall expire on August 11, 2029, (PDS Order 2026-08 development order extension date) unless a building permit is issued, or an extension is granted in accordance with the provisions of Land Development Code Section 11.02.06. D. The developer is advised as part of this approval that the property owner(s), developer, etc., including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, Florida Department of Transportation, 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 "A". Issuance of this authorization or 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 PDS Order No. 2026-033 Page 3 File No: MJSP-2512-000037 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. 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. H. The Certificate of Capacity issued with Resolution 2024-206, 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 be recorded in the Public Records of St. Lucie County. ORDER effective the * day of jt�/Jq 2026. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE BY Be a V Balcer, CP APPROVED AS TO FORM AND CORRECTNESS: BY County Attorn PDS Order No. 2026-033 Page 4 File No: MJSP-2512-000037 E iBc:78 �ir �E'3'�FiRgwt; 1 EXHIBIT "A" (Adjusted Site Plan) �a 1 -- 1 e ° � 1�rffill I� I -- - I II 33 II ------- --- I ° 1! Y Y e 1 ■ 0�®!In L I Y ! � 3 1 I ____.l.41 ✓ I ll , I �I I a i� I �. ` ■ I �I ■ 1 §$5 I I tl4 I� a 1 � ■ jl i�I� � ' 1 i 1 tl ., , Jill 1 - 1 . • ,-- a, a� 13 I I '1 oa a i FRRFRF6S aviii R= NAY FF + E FFF � z .n SI MEAL PALM GROVE I ,\� W/'VV'L CA S BT. LUCIE COUNTY, FLORIDA 1 i� 2 PDS Order No. 2026-033 Page 5 File No: MJSP-2512-000037 EXHIBIT "B" (Certificate of Capacity) St Lucie County Certificate of Capacity Date I IN23(2024 Certificate No, 3307 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 Major Site i'lan Number o4 units 01 Number of square feet 2, Property legal description S Tax ID no. l 302-331-OUW-000-7 5E wrner of Emerson Avenue and Drl:utd Avenue Sabel Palm Grove PUD Sabal f ;ilm Grove PUD a. Approval: BuildinD Resolution No_ 2024206 Letter d. Subject to the following condirtions for concurrency: Outlined in Resolution No. 24)24-2t)6 Owner's name Beacon Onc Holdings LLC Address G221} Vireo Cf Lake Worth Ft. 33467 6. Certificate Expiration Date I O-2N2_026 This Certificate of Capacity is transferable only to subsequent owners of the same parcel., and Is subject to the same terms, condition 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 davgbpment ) I�stt r the same property, use and size as described herein. Signed �� Date:10123/2024 Planning and Development Services Director St Lucie County, Phxida Wednesilm , Orinlwr 23, 202-1 Pape I of I PDS Order No. 2026-033 Page 6 File No: MJSP-2512-000037