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AN ORDER GRANTING A STATUTORY EXTENSION
PROVIDED BY FLORIDA STATUTES SECTION 252.363 TO
THE APPROVED MAJOR SITE PLAN KNOWN AS
HUTCHINSON SANDS.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for an extension timely submitted by James Brown 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 Canton Cove LLC, Englemeade
LLC, Front Street, LLC, LITE 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 % 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 March 7, 2014, the Director of Planning and Development Services granted a two year
Land Development Code administrative extension in accordance with Section
11.02.06(B)(4) that is due to expire on March 4, 2016.
5. On August 28, 2015, Florida Governor Rick Scott issued Executive Order (EO) No. 15-
173 declaring a State of Emergency for Florida due to the threat of Tropical Storm Erika.
6. Section 252.363 Florida Statutes provides that any local government issued development
order or permit may be extended from the period remaining for the duration of the
emergency declaration plus six months.
7. Section 252.363 Florida Statutes requires that a specific written notice be filed with the
issuing authority within ninety days after the termination of the declaration of emergency.
The applicant applied for this extension on December 22, 2015.
8. Planning Staff performed an analysis of the project and determined that the extension is
consistent with all the original St. Lucie County development orders granting approval.
File No.: BCC 120164971
February 2, 2016
PDS 16-009
Page 1
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4157559 02!05%2016 at 04:48 PM
PDS 16 01
OR BOOK 3834 PAGE 1448 - 1453 Doc Type: ORD
RECORDING: $52.50
(File No. BCC 12016
I
AN ORDER GRANTING A STATUTORY EXTENSION
PROVIDED BY FLORIDA STATUTES SECTION 252.363 TO
THE APPROVED MAJOR SITE PLAN KNOWN AS
HUTCHINSON SANDS.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for an extension timely submitted by James Brown 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 Canton Cove LLC, Englemeade
LLC, Front Street, LLC, LITE 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 % 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 March 7, 2014, the Director of Planning and Development Services granted a two year
Land Development Code administrative extension in accordance with Section
11.02.06(B)(4) that is due to expire on March 4, 2016.
5. On August 28, 2015, Florida Governor Rick Scott issued Executive Order (EO) No. 15-
173 declaring a State of Emergency for Florida due to the threat of Tropical Storm Erika.
6. Section 252.363 Florida Statutes provides that any local government issued development
order or permit may be extended from the period remaining for the duration of the
emergency declaration plus six months.
7. Section 252.363 Florida Statutes requires that a specific written notice be filed with the
issuing authority within ninety days after the termination of the declaration of emergency.
The applicant applied for this extension on December 22, 2015.
8. Planning Staff performed an analysis of the project and determined that the extension is
consistent with all the original St. Lucie County development orders granting approval.
File No.: BCC 120164971
February 2, 2016
PDS 16-009
Page 1
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The analysis is found in the memorandum titled Hutchinson Sands Major Site Plan
Extension, dated February 2, 2016.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director of St. Lucie County, Florida:
A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act the approval
for the project known as Hutchinson Sands Major Site Plan has been found to be eligible
for a statutory extension. The approval granted under Resolution 08-017 is extended from
its last scheduled date of expiration, March 4, 2016, and shall now expire November 4,
2016, for the property described in Part B, is hereby approved with the following
conditions.
1. All previous conditions of approval applicable to the subject property, as contained in
the above -referenced development orders have 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 and the Board of
County Commissioners, unless expressly modified
2. 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.
3. 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 a cross-sectional view of the structure
in relations to the dune elevation and vegetation;
4. 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.
5. 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
File No.: BCC 120164971
February 2, 2016
PDS 16-009
Page 2
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(IFAS) Florida Yards and Neighborhoods 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.
6. 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 assure
this information is incorporated into the PAMP.
7. 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.
8. 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.
9. The hours of operation for construction activities shall be in compliance with the
County Noise Ordinance.
File No.: BCC 120164971
February 2, 2016
PDS 16-009
Page 3
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10. 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 AIA to St. Lucie County for Public Conservation.
11. The issuance of County development permits 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.
12. 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.
13. 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 (EIR).
B The property on which this development order extension is being granted is described as
follows:
Parcel #1
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
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
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
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.
File No.: BCC 120164971
February 2, 2016
PDS 16-009
Page 4
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Parcel #5
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 0000810" 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 80024'48" West along the Government Lot Meander Line 655 feet, thence South 74021'36"
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.
PARCELSURVEYED.
CONTAINING 115.16 ACRES MORE OR LESS.
Tax I D#: 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.
C. This Hutchinson Sands Major Site Plan statutory extension approval shall expire on
November 4, 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
D. The conditions set forth in Part A are an integral, non -severable part of the site plan
approval as granted by this 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.
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.
F. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning
and Development Services Department.
G. This order shall be recorded in the Public Records of St. Lucie County.
File No.: BCC 120164971
February 2, 2016
PDS 16-009
Page 5
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This ORDER is effective the 2nd day of February, 2016.
File No.: BCC 120164971
February 2, 2016
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY � �� 4��J'r
lie Olson, Al P
APPROVED AS TO FORM
AND CORRECTNESS:
. 1)A=,r
�,sq County Attorney
PDS 16-009
Page 6