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HomeMy WebLinkAboutPDS-14-035 - Grande BeachJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3975999 07/16!2014 at 02:05 PM OR BOOK 3653 PAGE 404 - 408 Doc Type: ORD RECORDING: $44.00 PDS NO. 14-035 File No. BCC 520144773 AN ORDER GRANTING A TWO-YEAR LAND DEVELOPMENT CODE ADMINISTRATIVE EXTENSION TO SITE PLANS PROVIDED BY SECTION 11.02.06(B)(4) TO THE SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY APPROVED PLANNED MIXED USE PROJECT KNOWN AS GRANDE BEACH. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for development order administrative extension timely submitted, and has made the following determinations: On, June 17, 2008, the St. Lucie County Board of County Commissioners granted approval through Resolution No. 08-180 to the petition of Grande Beach North Hutchinson Island LLC, for the Final Planned Mixed Use Development Site Plan approval known as Grande Beach PMUD, on property located on the northeast corner of State Road A-1-A and Marina Drive, as more particularly described in Part C below. 2. On December 21, 2009, the Planning and Development Services Director, through GM Order 09-030 granted approval for the extension of two years for Resolution No. 08-180 consistent with the provision contained in Section 14 of Senate Bill 360 providing for the expiration date, extending the expiration date to June 17, 2012. 3. On August 12, 2011, the Planning and Development Services Director, through PDS Order 11-015 granted a two year extension, pursuant to Chapter 2011-139, Laws of Florida, extending the project's expiration date to June 17, 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. 5. 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 period of two (2) years following its date of expiration. 6. The amendment further provides that for all site plans due to expire after February 27, 2014, the request for the Land Development Code extension must be made in writing prior to the scheduled expiration date, identify the specific authorization for which the extension is requested, the intended use of the extension and the anticipated time frame for acting on the authorization. The applicant submitted the request for an administrative extension on May 27, 2014. File No.: BCC 520144773 PDS Order No. 14-035 July 11, 2014 Page 1 7. Further, pursuant to Section 11.02.06, the request for the Land Development Code administrative extension must be reviewed by Planning and Development Services Department, Environmental Resources Department and found not to be in significant noncompliance with the original St. Lucie County development order granting approval. 8. Planning Staff and Environmental Resources Department 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 Grande Beach PMUD Administrative Extension, dated June 27, 2014. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Section 11.02.06(6)(4) of the St. Lucie County Land Development Code, the Planned Non Residential Development Site Plan approval for the project known as Grande Beach has been found to be eligible for a two year administrative extension from the scheduled date of expiration, June 17, 2014 and shall now expire June 17, 2016, for the property described in Part C. B. All previous conditions of approval applicable to the subject property, as contained in Resolution 08-180 are contained herein. The property owner shall comply with all previous conditions of approval and deadlines established by Chapter 11 of the Land Development Code and the Board of County Commissioners, unless expressly modified herein. Condition #1 has been satisfied: nr1 I 'nh# fnr onnrn~+nhmcn# of #n ~nfi ircc ~ni# rlni r•o#cn#inn ~rc~c in#n #ho Rcllcn~ ~#h ~n r! CDI o~+ccmcn#c Inn~+#erl nn #ho n~~,r~Gnnom~i 2. Prior to the issuance of building permit, the technical specifications for the proposed pervious pavers shall be submitted to the County Engineer for approval. 3. Prior to the issuance of the first building permit, the typical pavement cross-section that meets or exceeds County standards shall be submitted to the County Engineer for approval. 4. The Grande Beach PMUD community center shall be built with a) hurricane resistant glass; b) hurricane resistant doors; and c) an emergency generator. 5. Prior to the issuance of the building permit for the 36th residential unit, 8,465 square feet of commercial use must be constructed and issued a Certificate of Completion by the Code Compliance Division. An additional 7,535 square feet of commercial floor area must be constructed prior to the issuance of a Certificate of Occupancy for the 60th residential unit to ensure that the provision of a minimum of 16,000 square feet of commercial square footage required by the property's future land use sub- area policies. File No.: BCC 520144773 PDS Order No. 14-035 July 11, 2014 Page 2 6. As part of the approval of a SLC Vegetation Removal Permit for any portion of the Grande Beach PMUD site, the developers, their successor or assigns, shall properly root prune, prepare, and relocate the three live oaks and all cabbage palms currently existing in the area of proposed impact (three oaks (2 - 13" & 1 - 15" in the pool and recreation area) elsewhere on the site. Condition #7 has been deleted: PTAI In ci#o +hc rl~~~nn~~~7~ i innc~+~+er~n~~~l/Y Y1C chill ci ihmi~ ~n ~nnrn~io 8. The developer shall advise potential buyers of the residential units that the property is located within 4 miles of the St Lucie County International Airport and aircraft will be operating in the area. 9. Prior to issuance of a construction permit for this project, the developers, their successors and assigns, shall have entered into an enforceable utility service agreement with St. Lucie County Utilities to ensure the provision of water and sewer services. This agreement shall be in a form consistent with St. Lucie County Utility District regulations regarding utility service extensions and service provisions. 10. Prior to issuance of a building permit for this project, the Code Compliance Department shall verify that the following green building technologies are utilized, where applicable in the development and construction of the proposed buildings. a. External light fixtures controlled by photo cell and timer b. The use of salt chlorination for the community pool in lieu of harsh chemicals c. High SEER ratings for residential HVAC Units (+14) d. R-30 Icynene©Insulation at all attic spaces; R-19 min. at all walls e. Rating of 55-60 STC (code minimum = 50) between all tenant spaces f. Maximized use of fluorescent light fixtures g. Programmable thermostats for night time setbacks in each unit h. The use of Energy Star ©appliances in each unit i. FSC (Forest Stewardship Council) certified wood products for cabinets and flooring. j. All plumbing fixtures to be "low flow" water consumption type k. Low VOC paint products for interior finishes I. The use of recycled building materials m. The use of window tinting on all windows to reduce heat gain n. The use of locally sourced products for construction, if practicable o. Deep covered balconies and walkways p. Awnings over windows 11. The condominium association documents shall incorporate a copy of this resolution to advise buyers of the residential units that this is a mixed use development and some of the uses will be commercial. 12. Prior to the issuance of the 36th residential building permit, the developer shall pay $100,000 to the St. Lucie County for Cultural Affairs needs, to be distributed by the County, at its discretion. File No.: BCC 520144773 PDS Order No. 14-035 July 11, 2014 Page 3 13. Prior to the issuance of the first building permit for the multi-family structures (excludes temporary sales or construction trailers) the owner, developer or assigns shall dedicate the future bus stop location along State Road A-1-A to St. Lucie County in a form and manner acceptable to the County Attorney. The agreed upon $10,000 fee in lieu of the construction of the transit improvements shall be paid to St. Lucie County prior to the issuance of the first building permit. Condition #14 is hereby deleted: rlc iolnnm n} ~+n}' '}'cc nn }he nrnncr}~i rlccnriher! in D~ronronh rl }ho nrnncr}v numcr_ ~ r r }ho I Ini} rl C}~+}cr! 4r (~nrn of Cnnincorc }hc Clnrirl.e rlcn~hmcn} of Cmiirnnmcn} Condition #15 is hereby added: The issuance of a 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 agencv including but not limited to gopher tortoise relocation permit 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 deferral agencv or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. C. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: Tract "E-1", Blocks 8 and 9 and alleys abutting thereto, Tract "F-1" and Tract "A" and the portion of Coral Avenue (n/k/a Flotilla terrace) lying North of Marina Drive, according to the plat of Coral Cove Beach, Section One, as recorded in Plat Book 11 at pages 30A and 30B of the Public Records of St. Lucie County, Florida. Parcel ID# 1425-701-0153-0007 Location: Northwest corner of State Road A-1-A and Marina Drive, on North Hutchinson Island. D. This Planned Mixed Use Development Site Plan administrative extension approval shall expire on June 17, 2016 unless a building permit is issued and active or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code 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 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. File No.: BCC 520144773 PDS Order No. 14-035 July 11, 2014 Page 4 D. The conditions set forth in Part B are an integral non severable part of the site plan approval granted by Resolution No. 08-180. If any condition set forth in Part B is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan extension granted by this approval order shall become null and void. E. This order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the 11th day of July, 2014. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Satter e, AICP File No.: BCC 520144773 PDS Order No. 14-035 July 11, 2014 Page 5 APPROVED AS TO FORM