HomeMy WebLinkAboutPDS-15-001 - Marisol 2 year Statutory Ext. HB 70231
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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE 4 4040393 02/16/2015 a101:27 PM
OR BOOK 3717 PAGE 374 - 381 Doc Type: ORDN
RECORDING: $69.50
PDS15-001
(File No. BCC 1220144831)
AN ORDER GRANTING A TWO-YEAR STATUTORY
EXTENSION PROVIDED BY HOUSE BILL 7023 TO THE
SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY
APPROVED MAJOR SITE PLAN FOR THE PROJECT
KNOWN AS MARISOL.
WHEREAS, the St. Lucie County Planning and Development Services Director has
reviewed the request for development order extension timely submitted by Gunster
Florida's Law Firm and in accordance with the provisions of House Bill 7023 on behalf of
Sands End Development, LLC and has made the following determinations:
1. On October 1, 2013, the Board of County Commissioners granted approval,
through Resolution No. 2013-166, to the petition of Sands End Development, LLC
for the Major Site Plan known as Marisol, on property located on the east side of
South SR A1A (South Ocean Drive), approximately 3 miles north of the Jensen
Beach Causeway in the HIRD (Hutchinson Island Residential District). The
development consists of five (5) multiple family residential buildings providing for
a total of 106 residential units.
2. On October 1, 2013, through Resolution No. 2013-166 Sands End Development,
LLC was granted a waiver from the provisions of Policy 6.1.14.2 and 6.1.14.5, St.
Lucie County Comprehensive Plan to allow for the alteration of wetlands and the
required wetland buffer as depicted on the approved site plan and shall expire
upon the expiration of the Major Site Plan.
3. On December 18, 2013, the Board of Adjustment granted a variance through
Board of Adjustment Resolution No. 13-010 and further amended through Board of
Adjustment Resolution No. 14-012 from the provisions of Section 4.01.04
(Hutchinson Island Height Limitations) of the St. Lucie County Land Development
Code to allow three of the five proposed multi -family development buildings to
exceed the maximum 35 foot building height by 7 feet for a total building height of
42 feet in the HIRD (Hutchinson Island Residential District) Zoning District.
4. On June 20, 2014, Florida Governor Rick Scott signed into law, Chapter 2014-218,
Laws of Florida (the "Bill").
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5. The Bill provides that in recognition of the economic development conditions, any
local government issued development order or permit that has an expiration date
of January 1, 2014 through January 1, 2016 may be eligible to be extended and
renewed for a period of two (2) years following its date of expiration.
6. The Bill further provides that the request for statutory extension must be timely
made in writing by December 31, 2014; 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 their request
to the Planning and Development Services Director on December 17, 2014.
7. Further, pursuant to the Bill, the request for statutory extension must be reviewed
by Planning and Development Services and Environmental Resource Department
staff and found not to be in significant noncompliance with the original St. Lucie
County development order granting approval.
8. This extension is granted pursuant to Chapter 2014-218, and St. Lucie County
Board of County Commissioners' good faith interpretation of HB 7023. By
accepting this extension, the applicant agrees to hold St. Lucie County harmless
in the event a court of competent jurisdiction determines that the extension granted
by St. Lucie County were not legally granted or in the event that the extension is
subsequently revoked based on a constitutional challenge.
9. This statutory extension is exclusive of and runs concurrently with any request for
approval extension that may be provided by the St Lucie County Land
Development Code. Any Land Development Code extension must be applied for,
reviewed and approved in accordance with the provisions of the Land
Development Code.
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 House Bill 7023, the Major Site Plan approval for the
project known as Marisol has been found to be eligible for and consistent with the
provisions contained in Section 46 of Chapter 2014-218, Laws of Florida (the "Bill")
such that the approvals granted under Resolution No. 2013-166 and Board of
Adjustment Resolution No. 14-012 are extended for two years from its scheduled
expiration date of October 1, 2015 and shall now expire October 1, 2017, subject
to the following conditions:
1. All previous conditions of approval applicable to the subiect property, as contained
in Resolution No. 2013-166 and Board of Adiustment Resolution No. 13-010 have
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been consolidated as contained herein. The property owner shall comply with all
previous conditions of approval and deadlines established by Chapter 11 of the
Land Development Code, Board of Adjustment and the Board of County
Commissioners, unless expressly modified herein.
2 Condition B-1 of Resolution No. 2013-166, remains.
Prior to the commencement of any site construction activities involving the
excavation or removal of site materials from the northern 1/3 of the project site
(from the approximate south side of proposed building #4 to the north property line
of the project site) the developer shall:
a. Ensure that during all excavation activities, in the above-described area, that a
registered archeologist with experience on this site or similarly certified party or
individual acceptable to the St. Lucie County Historic Preservation Officer, is
present on the site to observe all site all excavation activities. If during the
excavation activities, additional culturally significant artifacts are discovered,
site excavation activities shall be suspended and the St. Lucie County Historic
Preservation Officer shall be immediately notified.
b. For the purpose of this condition, culturally significant artifacts shall be deemed
to include any discovery of human remains, significant structural remains or
anything beyond the expected observation of materials typically found in
midden deposits of the type described in the Phase III Archeological Data
Recovery Report for the Herman's Bay Midden site.
For the purpose of defining the meaning or intent of any term used in this condition,
reference shall be directed to Section 4.11.02, Historic Preservation, Definitions,
of the St. Lucie County Land Development Code.
Nothing in this condition shall prevent the developer from commencing beach and
dune renourishment/restoration activities provided that no site excavation activities
are included as part of that work.
3. Condition B-2 of Resolution No. 2013-166, is hereby deleted.
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4. Condition B-3 of Resolution No. 2013-166, remains.
Prior to the issuance of the any construction authorizations, the developer or
assigns shall provide an executed copy of a final utility service agreement with Fort
Pierce Utilities Authority, indicating all developer obligations associated with the
particular phase of the permit and that potable water will be provided to serve the
project.
5. Condition B-4 of Resolution No. 2013-166, remains.
Prior to the issuance of any construction authorizations, the developer or assigns
shall provide documentation from the St. Lucie County Utilities indicating that
wastewater services are reserved and will be provided to the proposed project.
6. Condition B-5 of Resolution No. 2013-166, remains.
Prior to any construction authorizations the St. Lucie County Fire District shall
review and approve the plans.
7. Condition B-6 of Resolution No. 2013-166, remains.
The final construction plans shall provide a mountable 8 foot wide sidewalk along
the main entrance road to provide the required 24 foot access entrance that is
designed to support 32 tons of fire apparatus. Prior to construction authorizations,
the plans shall be reviewed and approved by the St. Lucie Fire District.
8. Condition B-7 of Resolution No. 2013-166, remains.
Prior to issuance of any Vegetation Removal Permit or Exemption, whichever
comes first, copies of the approved Preserve Area Monitoring and Management
Plan (PAMMP) and Sea Turtle Protection Plan (STPP) with an attached affidavit
attesting to the existence of these documents and their applicability to the property
described in Part C below, along with a cashier's check (payable to the Clerk of
the Court) for recording fees shall be provided to the County. The affidavit attesting
to the existence of these documents and their applicability to the property
described in Part C below shall be recorded in the land records of St. Lucie County
and the documents shall be kept on file with the St. Lucie County Planning and
Development Services Department and the St. Lucie County Environmental
Resources Department. The terms of this condition shall not apply for any
Vegetation Removal Permit or Exemption, for the property associated with the
lawfully authorized dune restoration works as permitted by the Florida Department
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of Environmental Protection.
9. Condition B-8 of Resolution No. 2013-166, remains
Prior to issuance of any Vegetation Removal Permit or Exemption, for primary site
construction activities (including general site preparation, unless otherwise noted
below), an executed Conservation Easement, identifying all areas subject to
County regulated conservation or preservation within the phase or phases of the
project on which development activities are proposed to be affected by said permit
or permit exemption, shall be provided to St. Lucie County, along with an attached
affidavit and required cashier's check (payable to the Clerk of the Court), for the
purpose of recording that easement, or easements, in the Land Records of St.
Lucie County. A copy of a standard Conservation Easement can be found on the
St. Lucie County Environmental Resources Department website at: http:
//www.stlucieco.gov/pdfs/ Conservation Easement _Form.pdf. The terms of this
condition shall not apply for any Vegetation Removal Permit or Exemption, for the
property associated with the lawfully authorized dune restoration works as
permitted by the Florida Department of Environmental Protection.
10. Condition B-9 of Resolution No. 2013-166 is hereby deleted,
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11. Condition B-10 of Resolution No. 2013-166 is revised as follows.
Prior to issuance of a Vegetation Removal Permit or Exemption, the following
information shall be submitted to the Environmental Resources Department for
approval:
a. Revised plans showing the existing western toe of dune
b. Updated accurate tree survey and mitigation plan
c. Updated Preserve Area Management Plan and Environmental Impact Report
rcflontinn the updated wetland iurisdintional detorminatinn
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12. Condition B-11 of Resolution No. 2013-166 is revised as follows.
The issuance of Countv development permit does not in anv wav create anv 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 aaencv 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.
13. Condition B-12 of Resolution No. 2013-166, remains.
Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs
first, a copy of current Listed Species Surveys, approvals and permits applicable
to the areas addressed by or through the requested Vegetation Removal Permit or
Exemption, shall be provided to the St. Lucie County Environmental Resources
Department and the St. Lucie County Planning and Development Services
Department. If written documentation from the U.S. Fish and Wildlife Service
(federally -listed species) and/or the Florida Fish and Wildlife Conservation
Commission (state -listed species) is provided to St. Lucie County that states a
species survey is not required, this Condition of Approval is satisfied.
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The issuance of Countv development permit does not in anv wav create anv 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 aaencv 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.
13. Condition B-12 of Resolution No. 2013-166, remains.
Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs
first, a copy of current Listed Species Surveys, approvals and permits applicable
to the areas addressed by or through the requested Vegetation Removal Permit or
Exemption, shall be provided to the St. Lucie County Environmental Resources
Department and the St. Lucie County Planning and Development Services
Department. If written documentation from the U.S. Fish and Wildlife Service
(federally -listed species) and/or the Florida Fish and Wildlife Conservation
Commission (state -listed species) is provided to St. Lucie County that states a
species survey is not required, this Condition of Approval is satisfied.
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14. Condition B-13 of Resolution No. 2013-166, remains.
Prior to issuance of a Vegetation Removal Permit or Exemption, the developers,
their successor or assigns, shall conduct a pre -construction meeting with
construction personnel and St. Lucie County Environmental Resources
Department staff, addressing vegetation protection measures.
The property on which this development order extension is being granted is
described as follows:
SITE LEGAL DESCRIPTION:
All of the following described land lying easterly of State Road A -1-A.
That portion of Section 27, Township 36 South, Range 41 East, St. Lucie County, Florida,
lying south of a line that extends westerly from the mean high water mark of the Atlantic
Ocean to the mean high water mark of the Indian River and that is parallel with the south
section line of said Section 27, which line intersects a point on the easterly right of way
line of State Road AIA located 1500 feet northwesterly of the point of intersection of the
easterly right of way of said State Road A1A and said south Section line as measured
along the easterly right of way line of said State Road A1A.
Said parcel containing 11.885 acres, more or less.
PARCEL ID NUMBERS:
3527-413-0001-000/2
3527-441-0001-000/9
C. The conditions set forth in Part A are an integral non severable part of the site plan
approval granted by Resolution No. 2013-166. 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. This Site Plan statutory extension approval shall expire on October 1, 2017 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 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.
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F. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 16th day of January, 2015.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY
Mark Sattkee, AICP, Director
APPROVED AS TO FORM
AND COR WTNESS:
County
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