HomeMy WebLinkAboutPDS-16-044 - Hutchinson SandsJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4247478 11/10/2016 09:26:10 AM
OR BOOK 3931 PAGE 1504 - 1509 Doc Type: ORD
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RECORDING: $52.50
1 PDS ORDER 16-044
2 FILE NO.: BCC *20165057
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4 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY
5 SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED
6 EXPIRATION DATE TO THE APPROVED MAJOR SITE PLAN
7 KNOWN AS HUTCHINSON SANDS
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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:
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, 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 24, 2016, the Board of Adjustment granted a variance to increase the building
height for the four (4) condominium buildings from 35 feet to 42 feet through BOA Resolution
No. 16-004.
7. On May 16, 2016, the Planning and Development Services Director authorized a site plan
extension in accordance with Section 252.363 Florida Statute Executive Order (EO) 16-59
through PDS Order 16-027 with an expiration date of July 3, 2017.
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October 21, 2016
PDS 16-044
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1 8. On June 30, 2016, the Planning and Development Services Director granted a Minor
2 Adjustment to the Major Site Plan through PDS Order 16-031 providing for modifications to
3 density, design, landscaping, land area, building height and parking spaces.
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5 9. On June 29, 2016, Florida Governor Rick Scott, issued Executive Order 16-155 declaring a
6 60 day State of Emergency for Martin and St. Lucie Counties due to increased number algae
7 blooms in local waterways as the result of discharges from Lake Okeechobee into the St.
8 Lucie River and Estuary.
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10 10. On August 29, 2016, Florida Governor Rick Scott, extended Executive Order 16-155 an
11 additional 60 days through Executive Order 16-204.
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13 11. Section 252.363 Florida Statutes provides that any local government issued development
14 order or permit may be extended from the period remaining for the duration of the emergency
15 declaration plus six months.
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17 12. Section 252.363 Florida Statutes requires that a specific written notice be filed with the issuing
18 authority within ninety days after the termination of the declaration of emergency. The
19 applicant applied for this extension on September 7, 2016.
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21 13. Planning Staff performed an analysis of the project and determined that the extension is
22 consistent with the original St. Lucie County development order granting approval. 'The
23 analysis is found in the memorandum titled Hutchinson Sands Major Site Plan Executive
24 Order 16-155 Extension, dated October 21, 2016.
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26 NOW, THEREFORE, BE IT RESOLVED by the Planning and Development Services Director of
27 St. Lucie County, Florida:
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29 A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act, the Major Site
30 Plan approval for the project known as Hutchinson Sands has been found to be eligible
31 for an extension. The approval granted under PDS Order 16-031 is extended for 120 days
32 and 6 months and is now scheduled to expire April 30, 2018, for the property described in
33 Part B, is hereby approved with the following conditions.
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35 All previous conditions of approval applicable to the subject property, as contained in the
36 above -referenced development orders have been consolidated as contained herein.
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38 Planning and Development Services Department — Planning Division
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40 1. Prior to the issuance of a Certificate of Occupancy for the second condominium
41 building, the clubhouse, pool/deck, and guardhouse as shown on site plan shall be
42 constructed with Certificate of Completions issued by the Building Division.
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44 2. Prior to the issuance of a Certificate of Occupancy for the first condominium
45 building, the common landscape improvements between the entrance (A -1A right -
46 of -way) and the gatehouse as depicted on the Landscape Plan shall be installed.
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48 3. Prior to the issuance of a Certificate of Occupancy for the first condominium
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October 21, 2016 Page 2
1 building, the property owner shall coordinate the alignment and connection of the
2 26 -foot wide stabilized emergency access driveways as depicted on the site plan
3 drawings with the property owners to the north and south and enter into a cross -
4 access agreement with both adjacent property owners. This agreement shall be
5 recorded identifying that the driveways shall be pervious in nature, shall be kept
6 clear of any obstructions and shall be utilized only for emergencies. This cross
7 access easement will not be required if an agreement is executed for the
8 construction of a shared access driveway that will be utilized for ingress/egress
9 with either development to the north or south. Said shared access driveway
10 improvements shall require modifications to the approved site plans.
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Environmental Resources Department
4. 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 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.
5. All other applicable state or federal permits including but not limited to .Florida
Department of Environmental Protection Coastal Construction Line permits must
be obtained before commencement of the development.
6. Prior to issuance of a Vegetation Removal Permit or Exemption, listed species
surveys including but not limited to gopher tortoise surveys shall be updated as
required per state and/or federal survey protocol. Should any listed species be
found as a result of these updated surveys, appropriate permits from state and
federal agencies shall be required.
7. Within ninety (90) days of final site plan approval, the developer, successor or
assignee shall provide HOA/POA documents which require the entity to create
proof of an escrow account or account held in reserve acceptable to the County
Attorney, for the cost of culvert maintenance as well as total dune reconstruction
and perpetual dune maintenance per the approved Preserve Area Management
Plan.
8. 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 Environmental Resources Department staff, to verify
vegetation protection measures have been installed.
9. Prior to the issuance of the Certificate of Occupancy for the first building permit, all
invasive exotic vegetation shall be removed (Land Development Code Section
7.09.05).
10. Prior to the issuance of a Certificate of Occupancy, a registered Florida architect
or engineer shall conduct a nighttime survey with all of the beachfront lighting
turned on and provide a report of the inspection to the Environmental Resources
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October 21, 2016 Page 3
1 Department as outlined in the approved Sea Turtle Protection Plan. If any
2 violations of the sea turtle lighting code are identified, a Certificate of Occupancy
3 shall not be issued until all violations have been corrected.
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5 11. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
6 include the following information within the Property Owners' Association
7 documents:
8 a. Restrictions on any encroachment into the preserve areas, as well as
9 restrictions on vegetation removal outside the building pad areas.
10 b. References to the Preserve Area Monitoring and Management Plan and
11 Sea Turtle Protection Plan.
12 C. Disclosure regarding the COBRA zone designation for this property.
13 d. Disclosure regarding potential for horseback riding on the public beach as
14 permitted by the County.
15 e. Mechanism for perpetual financial responsibility of the Property Owners'
16 Association for future dune maintenance.
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18 12. Simultaneously with the issuance of the vegetation removal permit by St. Lucie
19 County for any development, the petitioners, their successors or assigns, shall
20 convey the 104.742 acres of property west of A1A to St. Lucie County for Public
21 Conservation.
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23 13. Prior to the issuance of any Certificate of Occupancies for any portion of -the
24 Hutchinson Sands site plan, the developers, their successor or assigns, shall have
25 completed all mitigation required to 'offset wetland impacts.
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27 14. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes
28 first, the applicant shall provide the required executed Conservation Easement,
29 approved Preserve Area Monitoring and Management Plan (PAMMP) with an
30 attached affidavit and cashier's check (payable to the Clerk of the Court for
31 recording fees) to the County Attorney for review and approval. The applicant shall
32 also provide a GIS shapefile or CAD file of the conservation easement boundaries
33 to St. Lucie County. A copy of a standard Conservation Easement can be found
34 on the St. Lucie County Environmental Resources Department website at:
35 http://www.stiucieco.gov/pdfs/Conservation_Easement_Form. pdf.
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37 B The property on which this development order extension is being granted is described as
38 follows:
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40 Parcel #1
41 The South 440 feet of the North 880 feet of Government Lot 1, Section 29, Township
42 35 South, Range 41 East, St. Lucie County, Florida
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44 Parcel #2
45 The South 440 feet of Government Lot 1, Section 29, Township 35 South, Range 41 East,
46 St. Lucie County, Florida, being more particularly described as follows:
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48 Beginning at a point 880 feet South from the Northwesterly corner of Government Lot 1,
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1 Section 29, Township 35 South, Range 41 East; thence running Easterly and parallel with
2 the Northerly line of said Lot to the Atlantic Ocean; thence running Southeasterly along
3 the said Atlantic Ocean to the South line of said Lot; thence running Westerly along the
4 South line of said Lot to the Southwesterly corner of said Lot; thence running Northerly
5 along the West line of said Lot to the Point of Beginning. Together with all riparian and
6 littoral rights thereunto appertaining.
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8 Parcel #3
9 The South 2/3 of Government Lots 1 & 2, as measured along the common line between
10 Government Lots 1 & 2, Section 30, Township 35 South, Range 41 East, St. Lucie
11 County, Florida.
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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.
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 00°08'10" 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 80°24'48"
West along the Government Lot Meander Line 655 feet, thence South 74°21'36" 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 134.33 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 Major Site Plan statutory extension approval shall expire on April 30, 2018 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.
❑C
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.
48 E. The Certificate of Capacity granted by the Planning and Development Services Director
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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.
This ORDER is effective the 21St day of October, 2016.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLQiRIDA
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APPROVED AS TO FORM
AND CORRECTNESS:
County Attorney
GAPlanning\PROJECT FILES\Hutchinson Sands\Hutchinson Sand BCC 520165020
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October 21, 2016