HomeMy WebLinkAboutPDS-16-027 - Hutchinson Sands2
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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4194060 05/26/2016 at 12:42 PM
OR BOOK 3872 PAGE 2183 - 2188 Doc Type: ORD
RECORDING: $52.50
PDS ORDER 16-027
FILE NO.: BCC 520165020
AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY
SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED
EXPIRATION DATE TO THE APPROVED MAJOR SITE PLAN
KNOWN AS HUTCHINSON SANDS
WHEREAS, the Planning and Development Services Director has reviewed the request for
development order extension timely submitted and in accordance with the provisions of Section
252.363, Florida Statues on behalf of Front Street, LLC; Ute Avenue, LLC; Indiantown Land, Inc.;
Aspen, LLC; Canton Cove, LLC; and Englemeade, LLC and has made the following
determinations:
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, 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 % 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 Planning and Development Services Director granted a two year Land
Development Code administrative extension in accordance with Section 11.02.06(B)(4) that
expired on March 4, 2016.
5. On February 2, 2016, the'Planning and Development Services Director authorized a site plan
extension in accordance with Section 252.363 Florida Statues Executive Order (EO) No. 15-
173 extending the expiration date to November 4, 2014.
6. On February 26, 2016, Florida Governor Rick Scott, issued Executive Order EO) No. 16-59
declaring a 60 day State of Emergency for Florida due to Lake Okeechobee discharges from
heavy rainfall during the winter and spring months of 2015-2016.
7. 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.
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May 16, 2016
PDS 16-027
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1
2 8. Section 252.363 Florida Statutes requires that a specific written notice be filed with the issuing
3 authority within ninety days after the termination of the declaration of emergency. The
4 applicant applied for this extension on May 9, 2016.
5
6 9. Planning Staff performed an analysis of the project and determined that the extension is
7 consistent with the original St. Lucie County development order granting approval. The
8 analysis is found in the memorandum titled Hutchinson Sands Major Site Plan Executive
9 Order 16-59 Extension, dated May 16, 2016.
10
11 NOW, THEREFORE, BE IT RESOLVED by the Planning and Development Services Director of
12 St. Lucie County, Florida:
13
14 A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act, the Major Site
15 Plan approval for the project known as Hutchinson Sands has been found to be eligible
16 for an extension. The approval granted under PDS Order 16-027 is extended for 60 days
17 and 6 months and is now scheduled to expire July 3, 2017, for the property described in
1.8 Part B, is hereby approved with the following conditions.
19
20 1. All previous conditions of approval applicable to the subject property, as contained in
21 the above -referenced development orders have been consolidated as contained
22 herein. The property owner shall comply with all previous conditions of approval and
23 deadlines established by Chapter 11 of the Land Development Code and the Board of
24 County Commissioners, unless expressly modified.
25
26 2. Prior to the issuance of any vegetation removal permits for any portion of the
27 Hutchinson Sands site plan, the developers, their successor or assigns, shall provide
28 a complete beach and dune restoration plan that meets the requirements outlined in
29 Section 6.02.01 F and G of,the St. Lucie County Land Development Code.
30 3. Prior to the issuance of any vegetation removal permits for any portion of the
31 Hutchinson Sands site plan, the developers, their successors or assigns, shall provide:
32 Drawings of the dune crossovers including a cross-sectional view of the structure
33 in relations to the dune elevation and vegetation;
34 4. Prior to the issuance of any vegetation removal permits for any portion of the
35 Hutchinson Sands Plantation site, the developers, their successors or assigns, shall
36 submit to and receive approval from St. Lucie County Environmental Resources
37 Department a completed (executed and recorded) conservation easement for the
38 Dune Preservation Zone, and the Wetland and Wetland Buffer Preserve Areas.
39 5. Prior to the issuance of any vegetation removal permits for any portion of the
40 Hutchinson Sands site plan, the developers, their successors or assigns, shall submit
41 a revised Preserve Area Monitoring and Management Plan to be submitted as part of
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May 16, 2016 Page 2
1 the conditions of approval. The revised plan shall include: A map identifying the final
2 layout of all preserve areas (wetlands, wetland buffers, dune);
3
a. Best management practices that the future residences should employ such as
4
limiting fertilizer and pesticide uses on their lawns, common areas, and stormwater
5
systems (for example, a copy of the Institute of Food and Agricultural Sciences
6
(IFAS) Florida Yards and Neighborhoods Program handbook could be attached to
7
the Homeowner Documents and distributed to new residents);
8
b. A detailed plan for how all residents will use one dune crossover (for example,
9
fencing, bollards with rope, signs, etc. could be provided);
10
c. Any specific management methodologies proposed to be employed to manage for
11
a particular listed species known to utilize this site;
12
d. Discussion of management responsibilities and a funding source to assist the
13
future HOA in these responsibilities.
14 6. ERD has requested completed Home Owner Association guidelines
15 (Homeowners/Property Owners Association or Declaration of Covenants documents)
16 for review. The guidelines, at a minimum, should specify restrictions on any
17 encroachment into the Preserve Areas (wetland and dune area) as well as restrictions
18 on vegetation removal outside the building pad areas/common areas. At minimum the
19 documents shall include:
20 a. Language which notifies prospective property owners that the association
21 property includes a wetland preservation area and dune preservation zone which
22 are protected under conservation easements; and
23 b. Language which informs the prospective property owners of the permitted
24 condition with the exception of: exotic vegetation removal, or restoration in
25 accordance with the restoration plan that shall be referenced in the conservation
26 easement.
27 c. Due to high degree of sensitivity and ecological significance of the wetland
28 resources on this site, the HOA documents should also discuss best management
29 practices that the future residences could employ such as limiting fertilizer and
30 pesticide uses on their lawns, common areas, and stormwater systems and assure
31 this information is incorporated into the PAMP.
32 7. Prior to the issuance of any Certificate of Occupancies for any portion of the .
33 Hutchinson Sands site plan, the developers, their successor or assigns, shall
34 successfully pass inspections confirming that all lighting is in compliance with Section
35 6.04.02 of the St. Lucie County Land Development Code.
36
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1 8. Prior to the issuance of any Certificate of Occupancies for any portion of the
2 Hutchinson Sands site plan, the developers, their successor or assigns, shall have
3 completed all mitigation required to offset wetland impacts.
4
5 9. The hours of operation for construction activities shall be in compliance with the
6 County Noise Ordinance.
7
8 10. Simultaneously with the issuance of the vegetation removal permit by St. Lucie County
9 for any development, the petitioners, their successors or assigns, shall convey the
10 104.742 acres of property west of A1A to St. Lucie County for Public Conservation.
11
12 11. The issuance of County development permits does not in any way create any rights
13 on the part of the applicant to obtain a permit from a state or federal agency and does
14 not create any liability on the part of the County if the applicant fails to obtain requisite
15 approvals or fulfill the obligations imposed by a state or federal agency or undertakes
16 actions that result in a violation of state or federal law.
17
18 12. All other applicable state or federal permits must be obtained before commencement
19 of the development including but not limited to state and federal agency approval of
20 wetland impacts, wetland jurisdictional determinations, listed species impacts, final
21 mitigation plans, final FDEP approved dune restoration plans and Coastal
22 Construction Line Permits.
23 13. Prior to the issuance of a Vegetation Removal Permit or Exemption the applicant shall
24 provide the St. Lucie County Environmental Resources Department with an updated
25 Environmental Impact Report (EIR).
26 B The property on which this development order extension is being granted is described as
27 follows:
28
29 Parcel #1
30 The South 440 feet of the North 880 feet of Government Lot 1, Section 29, Township
31 35 South, Range 41 East, St. Lucie County, Florida
32
33 Parcel #2
34 The South 440 feet of Government Lot 1, Section 29, Township 35 South, Range 41 East,
35 St. Lucie County, Florida, being more particularly described as follows:
36
37 Beginning at a point 880 feet South from the Northwesterly corner of Government Lot 1,
38 Section 29, Township 35 South, Range 41 East; thence running Easterly and parallel with
39 the Northerly line of said Lot to the Atlantic Ocean; thence running Southeasterly along
40 the said Atlantic Ocean to the South line of said Lot; thence running Westerly along the
41 South line of said Lot to the Southwesterly corner of said Lot; thence running Northerly
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I along the West lineof said Lot to the Point of Beginning. Together with all riparian and
2 littoral rights thereunto appertaining.
3
4 Parcel #3
5 The South 2/3 of Government Lots 1 & 2, as measured along the common line between
6 Government Lots 1 & 2, Section 30, Township 35 South, Range 41 East, St. Lucie
7 County, Florida.
8
9 Parcel #4
10 The Northerly 1040.5 feet of Government Lots 3 & 4, as measured along the common
11 line between Government Lots 3 & 4, Section 30, Township 35 South, Range 41 East,
12 St. Lucie County, Florida.
13
14 Parcel #5
15 Section 30, Township 35 South, Range 41 East, St. Lucie County, Florida: that part of
16 Government Lots 3 & 4 lying south of the following described line. From the intersection
17 of the east line of Section 30 and the southwesterly road right-of-way line of State Road
18 A -1-A, thence south 00°08'10" along the easterly line of Section 30, 72 feet to a point of
19 beginning; thence North 80°24'48" West 655 feet, thence South 74°21'36" West 1110 feet
20 more or less to the Indian River and the end of the described line: less that part lying South
21 of the following described line. From the intersection of the east line of Section 30 and
22 southwesterly road right-of-way of State Road A -1-A, thence South 00008'10" East along
23 the east line of Section 30, 725 feet to Government Meander Line, thence North 80°24'48"
24 West along the Government Lot Meander Line 655 feet, thence South 74°21'36" West
25 1110 feet more or less to the Indian River and the end of this described line, containing
26 25.12 acres more or less as recorded in OR Book 1997, Page 571.
27
28 PARCEL SURVEYED
29 CONTAINING 115.16 ACRES MORE OR LESS.
30
31 Tax I D#: 2529-222-0002-000/6, 2529-223-0001-000/2, 2530-111-0002-000/9, 2530-131-
32 0001-000/4 and 2530-134-0002-000/0.
33
34 C. This Major Site Plan statutory extension approval shall expire on July 3, 2017 unless a
35 building permit is issued and active or an extension has been granted in accordance with
36 Section 11.02.06, St. Lucie County Land Development Code.
37
38 D. The conditions set forth in Part A are an integral non -severable part of the site plan
39 approval as granted by this extension. If any condition set forth in Part A is determined to
40 be invalid or unenforceable for any reason and the developer declines to comply
41 voluntarily with that condition, this development order extension approval granted by this
42 resolution shall .become null and void.
43
44 E. The Certificate of Capacity granted by the Planning and Development Services Director
45 shall remain valid for the period of this development order. If this order expires or
46 otherwise terminates, the Certificate of Capacity shall automatically terminate.
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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.
This ORDER is effective the 16th day of May, 2016.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
LeWe Olson, A CP
APPROVED AS TO FORM
AND CORRECTNESS:
GAPlanning\PROJECT FILES\Hutchinson Sands\Hutchinson Sand BCC 520165020
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