HomeMy WebLinkAboutPDS-14-011 - Hutchinson Sands - Two Year Extension1
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PDS14-011
(File No. BCC 220144731)
AN ORDER GRANTING A TWO-YEAR LAND
DEVELOPMENT CODE ADMINISTRATIVE SITE PLAN
EXTENSION IN ACCORDANCE WITH SECTION
11.02.06(6)(4) OF THE ST LUCIE COUNTY LAND
DEVELOPMENT CODE TO THE PREVIOUSLY APPROVED
MAJOR SITE PLAN KNOWN AS HUTCHINSON SANDS.
WHEREAS, the St. Lucie County Planning and Development Services Director has
reviewed the request for Development Order Administrative Extension timely submitted
and in accordance with the provisions of Section 11.02.06.6.4 of the St. Lucie County
Land Development Code on behalf of Herbert S. Garten, Lynmore Moss, Front Street,
LLC, Ute Avenue, LLC, Indiantown Land, Inc. and Aspen, LLC and has made the
following determinations:
1. On March 4, 2008, the St. Lucie County Board of County Commissioners granted
approval, through Resolution No. 08-017, to the petition of Herbert S. Garten,
Lynmore Moss, Front Street, LLC, Ute Avenue, LLC, Indiantown Land, Inc. and
Aspen, LLC for the Major Site Plan known as Hutchinson Sands, on property
located on the east side of South Ocean Drive, approximately 500 feet south of
the Anacostia Place access road and '/4 mile south of Frederick Douglas Park,
and more particularly described in Part B below.
2. On May 28, 2010, the Planning and Development Services Director in
accordance with Florida Statutes Community Renewal Act authorized a site plan
extension through GM Order 10-007 which expired on March 4, 2012.
3. On November 30, 2010, the Planning and Development Services Director in
accordance with Senate Bill 1752 authorized a site plan extension through PDS
Order 10-022 which expired on March 4, 2014.
4. On December 17, 2013, the St. Lucie County Board of County Commissioners
adopted Ordinance 2013-43 amending the text of the Land Development Code to
provide for a two year administrative extension of approved site plans. The
amendment provides that in recognition of the real estate market conditions, any
local government issued site plan that has an expiration date of January 1, 2013
through December 31, 2014, may be eligible to be extended and renewed for a
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
File No.: BCC 220144731 SAINT LUCIE COUNTY PDS 14-011
March 7, 2014 FILE # 3934741 03/17/2014 at 03:49 PM Page 1
OR BOOK 3612 PAGE 2473 - 2480 Doc Type: ORD
RECORDING: $69.50
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period of two (2) years following its date of expiration.
5. The amendment requires that the holder of a valid site plan expiring after
February 27, 2014 that is eligible for the two (2) year site plan extension must
notify the Planning and Development Services Director in writing prior to
expiration. The applicant submitted their request to the Planning and
Development Services Director on January 29, 2014.
6. Further, pursuant to Section 11.02.06, the request for the Land Development
Code administrative extension must be reviewed by Planning and Development
Services staff and found not to be in significant noncompliance with the original
St. Lucie County development order granting approval.
7. Planning Staff has performed a detailed analysis of the project and determined
the administrative extension is consistent with the St. Lucie County Land
Development Code and Comprehensive Plan. The analysis is found in the
memorandum titled Hutchinson Sands Major Site Plan - Administrative
Extension, dated March 4, 2014.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and
Development Services Director of St. Lucie County, Florida:
A. Pursuant to the provisions of Section 11.02.06.6.4, the Major Site Plan for the
project known as Hutchinson Sands has been found to be eligible for and
consistent with the provisions contained in administrative extensions to site plans
such that the approval granted under Resolution No. 08-017 and further
extended under GM Order 10-007 and PDS Order 10-022 is extended for two
years from its scheduled expiration date of March 4, 2014 and shall now expire
March 4, 2016, subject to the following conditions:
1. All previous conditions of approval applicable to the subject property, as
contained in Resolution No. 08-017 have been consolidated as contained
herein. The property owner shall comply with all previous conditions of
approval and deadlines previously established by Chapter 11 of the LDC and
the Board of County Commissioners, unless expressly modified herein.
2. Condition F-1 of Resolution No. 08-017, is hereby deleted:
3. Condition F-2 of Resolution No. 08-017, is hereby deleted.
File No.: BCC 220144731
March 7, 2014
PDS 14-011
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4. Condition F-3 of Resolution No. 08-017, is hereby deleted.
5. Condition F-4 of Resolution No. 08-017, is hereby deleted.
6. Condition F-5 of Resolution No. 08-017, remains as follows.
Prior to the issuance of any vegetation removal permits for any portion of the
Hutchinson Sands site plan, the developers, their successor or assigns, shall
provide a complete beach and dune restoration plan that meets the
requirements outlined in Section 6.02.01 F and G of the SLC LDC.
7. Condition F-6 of Resolution No. 08-017, is hereby deleted.
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32 ~ 8. Condition F-7 of Resolution No. 08-017, has been amended as follows.
File No.: BCC 220144731
March 7, 2014
PDS 14-011
Page 3
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Prior to the issuance of any vegetation removal permits for any portion of the
Hutchinson Sands site plan, the developers, their successors or assigns, shall
provide:
• Drawings of the dune crossovers including across-sectional view of the
structure in relations to the dune elevation and vegetation;
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9. Condition F-8 of Resolution No. 08-017, remains as follows.
Prior to the issuance of any vegetation removal permits for any portion of the
Hutchinson Sands Plantation site, the developers, their successors or
assigns, shall submit to and receive approval from St. Lucie County
Environmental Resources Department a completed (executed and recorded)
conservation easement for the Dune Preservation Zone, and the Wetland and
Wetland Buffer Preserve Areas.
10. Condition F-9 of Resolution No. 08-017, is hereby deleted.
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11. Condition F-10 of Resolution No. 08-017, remains as follows.
Prior to the issuance of any vegetation removal permits for any portion of the
Hutchinson Sands site plan, the developers, their successors or assigns, shall
submit a revised Preserve Area Monitoring and Management Plan to be
submitted as part of our conditions of approval. The revised plan shall
include: A map identifying the final layout of all preserve areas (wetlands,
wetland buffers, dune);
a. Best management practices that the future residences should employ
such as limiting fertilizer and pesticide uses on their lawns, common
areas, and stormwater systems (for example, a copy of the Institute of
Food and Agricultural Sciences (IFAS) Florida Yards and Neighborhoods
File No.: BCC 220144731
March 7, 2014
PDS 14-011
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Program handbook could be attached to the Homeowner Documents and
distributed to new residents);
b. A detailed plan for how all residents will use one dune crossover (for
example, fencing, bollards with rope, signs, etc. could be provided);
c. Any specific management methodologies proposed to be employed to
manage for a particular listed species known to utilize this site;
d. Discussion of management responsibilities and a funding source to assist
the future HOA in these responsibilities.
12. Condition F-11 of Resolution No. 08-017, remains as follows.
ERD has requested completed Home Owner Association guidelines
(Homeowners/Property Owners Association or Declaration of Covenants
documents) for review. The guidelines, at a minimum, should specify
restrictions on any encroachment into the Preserve Areas (wetland and dune
area) as well as restrictions on vegetation removal outside the building pad
areas/common areas. At minimum the documents shall include:
a. Language which notifies prospective property owners that the association
property includes a wetland preservation area and dune preservation
zone which are protected under conservation easements; and
b. Language which informs the prospective property owners that the
permitted condition with the exception of: exotic vegetation removal, or
restoration in accordance with the restoration plan that shall be referenced
in the conservation easement.
c. Due to high degree of sensitivity and ecological significance of the wetland
resources on this site. The HOA documents should also discuss best
management practices that the future residences could employ such as
limiting fertilizer and pesticide uses on their lawns, common areas, and
stormwater systems and make sure that information is incorporates into
the PAMP.
13. Condition F-12 of Resolution No. 08-017, remains as follows.
Prior to the issuance of any Certificate of Occupancies for any portion of the
Hutchinson Sands site plan, the developers, their successor or assigns, shall
successfully pass inspections confirming that all lighting is in compliance with
Section 6.04.02 of the St. Lucie County Land Development Code.
File No.: BCC 220144731
March 7, 2014
PDS 14-011
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14. Condition F-13 of Resolution No. 08-017, remains as follows.
Prior to the issuance of any Certificate of Occupancies for any portion of the
Hutchinson Sands site plan, the developers, their successor or assigns, shall
have completed all mitigation required to offset wetland impacts.
15. Condition F-14 of Resolution No. 08-017, remains as follows.
The hours of operation for construction activities shall be in compliance with
the County Noise Ordinance.
16. Condition F-15 of Resolution No. 08-017, remains as follows.
Simultaneously with the issuance of the vegetation removal permit by St.
Lucie County for any development, the petitioners, their successors or
assigns, shall convey the 104.742 acres of property west of A1A to St. Lucie
County for Public Conservation.
17. Condition of approval is hereby created as follows.
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.
18. Condition of approval is hereby created as follows.
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, final FDEP
approved dune restoration plans and Coastal Construction Line Permits.
19. Condition of approval is hereby created as follows.
Prior to the issuance of a Vegetation Removal Permit or Exemption the
applicant shall provide the St. Lucie County Environmental Resources
Department with an updated Environmental Impact Report (EIRE
File No.: BCC 220144731
March 7, 2014
PDS 14-011
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B. The property on which this development order extension is being granted is
described as follows:
Parcel #1 -Owners -Front Street, LLC & Ute Avenue, LLC.
The South 440 feet of the North 880 feet of Government Lot 1, Section 29,
Township 35 South, Range 41 East, St. Lucie County, Florida
Parcel #2 -Owners -Indiantown Land, Inc. & Aspen LLC
The South 440 feet of Government Lot 1, Section 29, Township 35 South,
Range 41 East, St. Lucie County, Florida, being more particularly described as
follows:
Beginning at a point 880 feet South from the Northwesterly corner of Government
Lot 1, Section 29, Township 35 South, Range 41 East; thence running Easterly
and parallel with the Northerly line of said Lot to the Atlantic Ocean; thence
running Southeasterly along the said Atlantic Ocean to the South line of said Lot;
thence running Westerly along the South line of said Lot to the Southwesterly
corner of said Lot; thence running Northerly along the West line of said Lot to the
Point of Beginning. Together with all riparian and littoral rights thereunto
appertaining.
Parcel #3 -Owner -Indiantown Land, Inc.
The South 2/3 of Government Lots 1 & 2, as measured along the common
line between Government Lots 1 & 2, Section 30, Township 35 South, Range
41 East, St. Lucie County, Florida.
Parcel #4 -Owner - Lynnore Moss & Herbert S. Garten
The Northerly 1040.5 feet of Government Lots 3 & 4, as measured along the
common line between Government Lots 3 & 4, Section 30, Township 35 South,
Range 41 East, St. Lucie County, Florida.
Parcel #5 -Owner - Lynnore Moss & Herbert S. Garten
Section 30, Township 35 South, Range 41 East, St. Lucie County, Florida: that
part of Government Lots 3 & 4 lying south of the following described line. From
the intersection of the east line of Section 30 and the southwesterly road right-of-
way line of State Road A-1-A, thence south 00°08'10" along the easterly line of
Section 30, 72 feet to a point of beginning; thence North 80°24'48" West 655
feet, thence South 74°21'36" West 1110 feet more or less to the Indian River and
the end of the described line: less that part lying South of the following described
line. From the intersection of the east line of Section 30 and southwesterly road
right-of-way of State Road A-1-A, thence South 00°08'10" East along the east
line of Section 30, 725 feet to Government Meander Line, thence North 80°24'48"
File No.: BCC 220144731
March 7, 2014
PDS 14-011
Page 7
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West along the Government Lot Meander Line 655 feet, thence South 74°21'36"
West 1110 feet more or less to the Indian River and the end of this described
line, containing 25.12 acres more or less as recorded in OR Book 1997, Page
571.
PARCEL SURVEYED
CONTAINING 133.21 ACRES MORE OR LESS.
Tax ID#: 2529-222-0002-000/6, 2529-223-0001-000/2, 2530-111-0002-000/9,
2530-131-0001-000/4 and 2530-134-0002-000/0.
Location: Both sides of Highway A1A, approximately 1260 feet south of
Frederick Douglas Park.
C. The conditions set forth in Part A are an integral non severable part of the site
plan approval granted by Resolution No. 08-017. 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 resolution shall become null and void.
D. The St. Lucie County Planning and Development Services Director is hereby
authorized and directed to cause notation of this Order to be made on the Official
Zoning Map of St. Lucie County Florida and to make notation of reference to the
date of adoption of this Resolution.
E. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 7th day of March, 2014
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY
Mark Sat erlee, AICP, Director
APPROVED AS TO FORM
AND CO€~ECTNESS:
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County to ey
File No.: BCC 220144731
March 7, 2014
PDS 14-011
Page 8