HomeMy WebLinkAboutPDS-14-021 - Ocean Palms - Two Year ExtensionPDS 14-021
2 FILE NO.: BCC 120144721
3
4
5 AN ORDER GRANTING ATWO-YEAR LAND DEVELOPMENT
6 CODE ADMINISTRATIVE EXTENSION TO SITE PLANS PROVIDED
7 BY SECTION 11.02.06(6)(4) TO THE SCHEDULED EXPIRATION
8 DATE TO THE PREVIOUSLY APPROVED MINOR SITE PLAN FOR
9 THE PROJECT KNOWN AS OCEAN PALMS.
10
1 1 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
12 request for the Site Plan extension timely submitted and has made the following determinations:
13
14 1. On February 15, 2006, the St. Lucie County Planning and Development Services Director,
15 through GM06-010, granted Minor Site Plan approval for the project known as Ocean
16 Palms, located on the east side of North SR A-1-A in the HIRD (Hutchinson Island
17 Residential District) Zoning District, for property described in Part A.
18
19 2. On February 15, 2008, the Planning and Development Services Director, through GM08-
20 001, granted a 12-month extension of the Minor Site Plan in accordance with Section
21 11.02.06(6), for a period of 12 additional months from its date of scheduled expiration,
22 February 15, 2008, with the new date of expiration being February 15, 2009.
23
24 3. On December 30, 2008, the Building Official of St. Lucie County in accordance with the
25 Florida Statutes Community Renewal Act authorized building permit to be extended for two
26 years and was scheduled to expire on December 21, 2011.
27
28 4. The site plan approval was further extended by the Building Official of St. Lucie County in
29 accordance with Florida Statutes Senate Bill 1752 extending building permits 0611-0047
30 and 0611-0049 for two years and was scheduled to expire on December 31, 2013.
31
32 5. On December 17, 2013 the St. Lucie County Board of County Commissioners adopted
33 Ordinance 2013-43 amending the text of the Land Development Code to provide for a two
34 year administrative extension of approved site plans.
35
36 6. The amendment provides that in recognition of the real estate market conditions, any local
37 government issued development order or permit that has an expiration date of January 1,
38 2013 through December 31, 2014, may be eligible to be extended and renewed for a
39 period of two (2) years following its date of expiration.
40
41 7. The amendment further provides that the request for the Land Development Code
42 extension for all site plans that expire between the dates of January 1, 2013 and February
43 28, 2014 must be timely made in writing by February 28, 2014; identify the specific
44 authorization for which the extension is requested, the intended use of the extension and
45 the anticipated time frame for acting on the authorization. Knight, McGuire & Associates,
46 Inc. submitted a letter on behalf of the property owner, OD I LLC, requesting an
47 administrative extension on November 8, 2013.
48
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3949322 04/29/2014 at 03:54 PM
File No. BCC 120144721 OR BOOK 3626 PAGE 671 - 674 Doc Type: ORD PDS14-021
April 15, 2014 RECORDING: $35.50 Page 1 of 3
1 8. Further, pursuant to Section 11.02.06, the request for the Land Development Code
2 administrative extension must be reviewed by Planning and Development Services
3 Department, Environmental Resources Department and found not to be in significant
4 noncompliance with the original St. Lucie County development order granting approval.
5
6 9. Planning Staff and Environmental Resources Department has performed a detailed
7 analysis of the project and determined the administrative extension is consistent with the
8 St. Lucie County Land Development Code and Comprehensive Plan. The analysis is
9 found in the memorandum titled Ocean Palms Administrative Extension, dated April 15,
10 2014.
11
12 NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St.
13 Lucie County, Florida:
14
15 A. Pursuant to Section 11.02.06(B)(4) of the St. Lucie County Land Development Code, the
16 Minor Site Plan, approved through GM-06-010, scheduled to expire December 31, 2013
17 and shall now expire December 31, 2015, for the property described in Part B, is hereby
18 approved with the following conditions:
19
20 1. All previous conditions of approval applicable to the subject property, as contained in GM
21 06-010 have been consolidated as contained herein. The property owner shall comply
22 with all previous conditions of approval and deadlines established by Chapter 11, of the
23 Land Development Code, unless expressly modified herein.
24
25 2. Condition A-1 of GM 06-010 remains.
26
27 Prior to the issuance of a Vegetation Removal Permit, an executed signed copy of the
28 easement document shall be provided to the St. Lucie County Environmental Resources
29 Department. Within 60 days of the issuance of a Vegetation Removal Permit, a recorded
30 copy of the easement document shall be required to be provided.
31
32 3. Condition A-2 of GM 06-010 remains.
33
34 Prior to the issuance of a Vegetation Removal Permit, apre-construction meeting or
35 "Contractor Sensitivity Training") with the environmental consultant and the construction
36 personnel (Plant Manage, Project Manager, Project Supervisors and all Field Supervisors)
37 be conducted to cover the preserve area locations and barricades/protections during
38 construction and gopher tortoise identification and protocol should any be observed during
39 construction since they inhabited the site as recent as 2004.
40
41 B. The property on which this administrative extension is being approved is described as
42 follows:
43
44 The South 150 feet of the North'/x and the North 50 feet of the South'/z of Section
45 14, Township 34 South, Range 40 East, lying East of State Road A-1-A; and the
46 South 200 feet of the North 250 feet of the South '/s of Section 14, Township 34
47 South, Range 40 East, lying East of State Road A-1-A, said lands situate, lying and
48 being in St. Lucie County, Florida.
49
50 Also described as:
51
File No. BCC 120144721 PDS14-021
April 15, 2014 Page 2 of 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
The South 150 feet of Government Lot 1 and the North 50 feet of Government Lot 2
and the South 200 feet of the North 250 feet of Government Lot 2, all lying East of
State Road A-1-A and lying in Section 14, Township 34 South, Range 40 East, said
lands situate, lying and being in St. Lucie County, Florida.
Location: East side of North SR A-1-A, approximately '/4 miles south of the
Breakers Condominiums on North Hutchinson Island.
C. This Minor Site Plan extension shall expire on December 31, 2015, without undergoing a
complete re-review in accordance with provisions of Section 11.02.00 of the Land
Development Code and demonstration of compliance with all applicable codes in effect at
that time or unless building permits are issued.
D. The Certificate of Capacity granted by the Planning and Development Services Director on
February 17, 2006, shall remain valid for the period of this Site Plan extension approval. If
this order expires or otherwise terminates, the certificate of capacity shall automatically
terminate.
E. The conditions set forth in Part A are an integral non-severable part of the site plan
approval as granted by this administrative extension. If any condition set forth in the
resolution 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
resolution shall become null and void.
F. A copy of this administrative extension shall be placed on file with the St. Lucie County
Planning and Development Services Director.
G. This Order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 15th day of April, 2014.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
~~ i ~ ~_
BY
Mark Satterlee, AICP
APPROVED A TO FORM
AND CORREC N~,SS
F ,~
County
G:\Planning\PROJECT FILES\Ocean Palms\Ocean Palms LDC Extension
File No. BCC 120144721
April 15, 2014
PDS 14-021
Page 3 of 3