HomeMy WebLinkAboutPDS-17-009 - Hutchinson Sands2
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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 427525102108/2017 12:33:56 PM
OR BOOK 3961 PAGE 1411 - 1419 Doc Type: ORD
RECORDING: $78.00
PDS ORDER 17-449
FILE NO.: EDO 120175108
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 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.
EDO 120175108
February 3, 2017
PDS 17-009
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8, On June 30, 2016, the Planning and Development Services Director granted a Minor
Adjustment to the Major Site Plan through PDS Order 16-031 providing for modifications to
density, design, landscaping, land area, building height and parking spaces.
9. On October 21, 2016, the Planning and Development Services Director authorized a site plan
extension in accordance with Section 252.363 Florida Executive Order (EO) 16-204 through
PDS Order 16-044 with an expiration date of April 30, 2018.
10, On October 3, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16-230
declaring a 60 day State of Emergency for the East Coast of Florida due to the threat of
Hurricane Matthew.
11: 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.
12. 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 January 23, 2017.
13. Planning Staff performed an analysis of the project and determined that the extension is
consistent with the original St. Lucie County development order granting approval. The
analysis is found in the memorandum titled Hutchinson Sands Major Site Placa Executive
Order 16-230 Extension, dated February 3, 2017.
NOW, THEREFORE, BE IT RESOLVED by the 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 Major Site
Plan approval for the project known as Hutchinson Sands has been found to be eligible
for an extension. The approval granted under PDS Order 16-044 is extended for 60 days
and 6 months and is now scheduled to expire December 29 2018, for the property
described in Part B, is hereby approved with the following conditions.
All previous conditions of approval applicable to the subject property, as contained in the
above -referenced development orders have been consolidated as contained herein.
Planning and Development Services Department — Planning Division
Prior to the issuance of a Certificate of Occupancy for the second condominium
building, the clubhouse, pool/deck, and guardhouse as shown on site plan shall be
constructed with Certificate of Completions issued by the Building Division.
2. Prior to the issuance of a Certificate of Occupancy for the first condominium
building, the common landscape improvements between the entrance (A -1A right-
of-way) and the gatehouse as depicted on the Landscape Plan shall be installed.
3. Prior to the issuance of a Certificate of Occupancy for the first condominium
EDO 120175108
February 3, 2017
PDS 17-009
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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.
11 Environmental Resources Department
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13 4. The issuance of a County development permit does not in any way create any
14 rights on the part of the applicant to obtain a permit from a state or federal agency
15 and does not create any liability on the part of the County if the applicant fails to
16 obtain requisite approvals or fulfill the obligations imposed by a State or Federal
17 agency or undertakes actions that result in a violation of state or federal law.
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5.
All other applicable state or federal permits including but not limited to Florida
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Department of Environmental Protection Coastal Construction Line permits must
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be obtained before commencement of the development.
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6.
Prior to issuance of a Vegetation Removal Permit or Exemption, listed species
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surveys including but not limited to gopher tortoise surveys shall be updated as
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required per state and/or federal survey protocol. Should any listed species be
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found as a result of these updated surveys, appropriate permits from state and
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federal agencies shall be required.
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7.
Within ninety (90) days of final site plan approval, the developer, successor or
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assignee shall provide HOA/POA documents which require the entity to create
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proof of an escrow account or account held in reserve acceptable to the County
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Attorney, for the cost of culvert maintenance as well as total dune reconstruction
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and perpetual dune maintenance per the approved Preserve Area Management
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Plan.
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8.
Prior to issuance of a Vegetation Removal Permit or Exemption, the developers,
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their successor or assigns, shall conduct a pre -construction meeting with
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construction personnel and Environmental Resources Department staff, to verify
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vegetation protection measures have been installed.
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9.
Prior to the issuance of the Certificate of Occupancy for the first building permit, all
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invasive exotic vegetation shall be removed (Land Development Code Section
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7.09.05).
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10.
Prior to the issuance of a Certificate of Occupancy, a registered Florida architect
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or engineer shall conduct a nighttime survey with all of the beachfront lighting
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turned on and provide a report of the inspection to the Environmental Resources
EDO 120175108 PDS 17-009
February 3, 2017 Page 3
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Department as outlined in the approved Sea Turtle Protection Plan. If any
violations of the sea turtle lighting code are identified, a Certificate of Occupancy
shall not be issued until all violations have been corrected.
11. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
include the following information within the Property Owners' Association
documents:
a. Restrictions on any encroachment into the preserve areas, as well as
restrictions on vegetation removal outside the building pad areas.
b. References to the Preserve Area Monitoring and Management Plan and
Sea Turtle Protection Plan.
c. Disclosure regarding the COBRA zone designation for this property.
d. Disclosure regarding potential for horseback riding on the public beach as
permitted by the County.
e. Mechanism for perpetual financial responsibility of the Property Owners'
Association for future dune maintenance.
12. 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 A1A to St. Lucie County for Public
Conservation.
13. 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.
14. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes
first, the applicant shall provide the required executed Conservation Easement,
approved Preserve Area Monitoring and Management Plan (PAMMP) with an
attached affidavit and cashier's check (payable to the Clerk of the Court for
recording fees) to the County Attorney for review and approval. The applicant shall
also provide a GIS shapefile or CAD file of the conservation easement boundaries
to St. Lucie County. A copy of a standard Conservation Easement can be found
on the St. Lucie County Environmental Resources Department website at:
hftp-//www.stlucieco.gov/pdfs/Conservation—Easement—Form.pdf.
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:
EDO 120175108
February 3, 2017
PDS 17-009
Page 4
1 Beginning at a point 880 feet South from the Northwesterly corner of Government Lot 1,
2 Section 29, Township 35 South, Range 41 East; thence running Easterly and parallel with
3 the Northerly line of said Lot to the Atlantic Ocean; thence running Southeasterly along
4 the said Atlantic Ocean to the South line of said Lot; thence running Westerly along the
5 South line of said Lot to the Southwesterly corner of said Lot; thence running Northerly
6 along the West line of said Lot to the Point of Beginning. Together with all riparian and
7 littoral rights thereunto appertaining.
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9 Parcel #3
10 The South 213 of Government Lots 1 & 2, as measured along the common line between
11 Government Lots 1 & 2, Section 30, Township 35 South, Range 41 East, St. Lucie
12 County, Florida.
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14 Parcel #4
15 The Northerly 1040.5 feet of Government Lots 3 & 4, as measured along the common
16 line between Government Lots 3 & 4, Section 30, Township 35 South, Range 41 East,
17 St. Lucie County, Florida.
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19 Parcel #5
20 Section 30, Township 35 South, Range 41 East, St. Lucie County, Florida: that part of
21 Government Lots 3 & 4 lying south of the following described line. From the intersection
22 of the east line of Section 30 and the southwesterly road right-of-way line of State Road
23 A -1-A, thence south 00°08'10" along the easterly line of Section 30, 72 feet to a point of
24 beginning; thence North 80°24'48" West 655 feet, thence South 74021'36" West 1110 feet
25 more or less to the Indian River and the end of the described line: less that part lying South
26 of the following described line. From the intersection of the east line of Section 30 and
27 southwesterly road right-of-way of State Road A -1-A, thence South 00°08'10" East along
28 the east line of Section 30, 725 feet to Government Meander Line, thence North 80°24'48"
29 West along the Government Lot Meander Line 655 feet, thence South 74°21'36" West
30 1110 feet more or less to the Indian River and the end of this described line, containing
31 25.12 acres more or less as recorded in OR Book 1997, Page 571.
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33 PARCEL SURVEYED
34 CONTAINING 134.33 ACRES MORE OR LESS.
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36 Tax I D#: 2529-222-0002-00016, 2529-223-0001-00012, 2530-111-0002-00019,
37 2530-131-0001-00014 and 2530-134-0002-00010. .
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39 C. This Major Site Plan statutory extension approval shall expire on December 29, 2018
40 unless a building permit is issued and active or an extension has been granted in
41 accordance with Section 11.02.06, St. Lucie County Land Development Code.
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43 D. The conditions set forth in Part A are an integral non -severable part of the site plan
44 approval as granted by this extension. If any condition set forth in Part A is determined to
45 be invalid or unenforceable for any reason and the developer declines to comply
46 voluntarily with that condition, this development order extension approval granted by this
47 resolution shall become null and void.
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EDO 120175108
February 3, 2017
PDS 17-009
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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.
This ORDER is effective the 3rd day of February, 2017.
EDO 120175108
February 3, 2017
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY �1�� � CA
Lege Olson, A P
APPROVED AS TO FORM
AND CORRECTNESS:
PDS 17-009
Page 6
ST. LUCIEE COUNTY
BOARD ®E COUNTY
COX4NUSSIONERS
CHRIS DZADOVSKY
CHAIRMAN
DISTRICT 1
TOD MOWERY
V ICF -C HAI RMAN
DISTRICT 2
LINDA BARTZ
DISTRICT 3
FRANNIE HUTCHINSON
DISTRICT 4
CATHY TOWNSEND
DISTRICT 5
HOWARD TIPTON
COUNTY ADMINISTRATOR
DAN MCINTYRE
COUNTY ATTORNEY
MAILING ADDRESS
2300 VIRGINIA AVENUE
FORT PIERCE, FL 34982
PHONE
(772) 462-2822
TDD
(77 2) 462-1428
FAX
(772) 462-1581
E-MAIL
OL.SONL@STLUCIECO.ORG
WEBSITE
WWW.STLUCIECO.GOV
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Leslie Olson, AICP, Director
Planning Division
JAN 3 1 2017
COUNTY ATTORNEY
Bonnie C. Landry, AICP, Planning Manager P C�
Jeff Johnson, Senior Planner
February 3, 2017
Hutchinson Sands Major Site Plan Executive Order 16-230
Extension
James P. Brown of Brown Realty, LLC submitted a request on behalf of the
property owners of Hutchinson Sands Major Site Plan for an extension through
Executive Order 16-230 issued by the Governor declaring a State of Emergency for
the East Coast of Florida due to the threat of Hurricane Matthew.
March 4, 2008 the Board of County Commissioners granted approval to the Major
Site Plan for the project known as Hutchinson Sands located on the east side of A-
1 -A on South Hutchinson Island, approximately X mile south of Frederick Douglas
Park.
June 30, 2016 the Planning and Development Services Director approved a Minor
ustment to the Major Site Plan consisting of the following modifications:
• An increase of 8 condominium dwelling units from 84 to 92.
• An increase in the amount of developed land due to changes in the mean
high water line from 27.48 acres to 29.58 acres.
• The re -location of the condominium buildings, pool house and swimming
pool 25 feet to the west.
• A reduction in condominium building footprints (17,850 s.f. to 16,320 s.f.
and 14,161 s.f. to 12,600 s.f.).
• The provision of two (2) parking lots between buildings.
* Adjustments in the building spacing to correspond with a building height
of 42 feet.
• Adjustments to the landscaping between the buildings to provide
additional buffering adjacent to the parking lots.
• Adjustments to the row of parking along the front of the buildings.
BACKGROUND:
Agent:
Property Owner
Owners Address
Parcel ID Numbers:
Project Size:
Existing Use(s):
Existing Zoning District:
Future Land Use
Potable Water Service:
Wastewater Service
Previous Action:
.lames P. Brown
Brown Realty, LLC
5040 SE Burning Tree Circle
Stuart, FL 34997
Phone: (772) 485-9639
Email: brownrealtyllc@gmail.com
Front Street, LLC
Indiantown Land Inc.
Aspen LLC
Ste 2300 Charles Center
36 S. Charles St.
Baltimore, MD 21201
2529-222-0002-000/6
2530-134-0002-000/0
2530-131-0001-000/4
2529-223-0001-000/2
2530-111-0002-000/9
29.58 acres
Vacant
UTE Avenue LLC
Canton Cove LLC
Englemeade LLC
HERD (Hutchinson Island Residential District)
RU (Residential, Urban-5du/ac)
R/C (Residential, Conservation)
CPUB (Conservation, Public)
Fort Pierce Utilities Authority
Fort Pierce Utilities Authority
February 3, 2017
Page Two
March 4, 2008, the Board of County Commissioners granted Major Site Plan approval for the
condominium project known as Hutchinson Sands and a wetland waiver.
February 1, 2010, the Planning and Development Services (PDS) Director granted a two-year
statutory extension pursuant to the Community Renewal Act (SB 36).
November 30, 2010, the PDS Director granted a two-year statutory extension in accordance with
Senate Bill 1752.
February 3, 2017
Page Three
March 7, 2014, the PDS Director granted a two-year administrative extension in accordance with
Section 11.02.06(B)(4) of the Land Development Code.
February 2, 2016, the PDS Director authorized a statutory extension pursuant to Florida Statutes
Section 252.363 Executive Order 15-173.
February 24, 2016, the Board of Adjustment granted a variance from the provisions of Section
4.01.04 of the Land Development Code to increase the building height for the four (4)
condominium buildings from 35 feet to 42 feet through BOA Resolution No. 16-004.
May 16, 2016, the PDS Director authorized a statutory extension pursuant to Florida Statutes
Section 252.363 Executive Order 16-59.
June 30, 2016, the PDS Director granted a Minor Adjustment to the Major Site Plan.
October 21, 2016, the PDS Director authorized a statutory extension pursuant to Florida Statutes
Section 252.363 Executive Order 16-204.
Standards of Review
The property owner's request for a site plan extension pursuant to declaring a state of emergency
by the Governor, Section 252.363 Florida Statutes allows for the extension of the project's
current expiration date of April 30, 2018. The statute permits the expiration of a development
order issued by a local government to be extended for 6 months in addition to the tolled period.
The Governor declared an emergency on October 3, 2016.
For the project to be eligible for the statutory extension, the request must be made in writing
within 90 days after the termination of the emergency declaration and the subject project must
corn ply with all conditions of approval as recorded.
The applicant submitted the request for extension on January 23, 2017, which is within the time
frame established by the Statute. Hutchinson Sands Major Site Plan is in compliance with all
development approvals granted.
Recommendation
Staff recommends approval of PDS Order No. 17-009, with a new site plan expiration date of
December 29, 2018.