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HomeMy WebLinkAboutPDS-17-010 - Grande Beach PMUD Site PlanJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 42 75252 02/0812017 12:33:56 PIM OR BOOK 3961 PAGE 1420 - 1424 Doc Type: ORD RECORDING: $44.00 PDS NO. 17-010 File No. BGC 1220165093 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE TO THE APPROVED GRANDE BEACH PMUD SITE PLAN. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for development order extension timely submitted by FAR 2, LLC and has made the following determinations: On, June 17, 2008, the St. Lucie County Board of County Commissioners granted approval through Resolution No. 08-180 to the petition of Grande Beach North Hutchinson Island LLC, for the Final Planned Mixed Use Development Site Plan approval known as Grande Beach PMUD, on property located on the northeast corner of State Road A-1 -A and Marina Drive, as more particularly described in Part B below. 2. On December 21, 2009, the Planning and Development Services Director in accordance with Florida Statutes Community Renewal Act authorized a site plan extension which expired on June 17, 2012. 3. On August 12, 2011, the Planning and Development Services Director, through PDS Order 11-015 granted a two year extension, pursuant to Chapter 2011-139, Laws of Florida, extending the project's expiration date to June 17, 2014. 4. On July 11, 2014, the Director of Planning and Development Services granted a two year Land Development Code administrative extension in accordance with Section 11.02.06(6)(4) that expired on June 17, 2016. 5. On January 13, 2016, the Director of Planning and Development Services, through PDS Order 16-005, granted an extension in accordance with EO 15-173, extending the project's expiration date to February 17, 2017. 6. On June 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16-155 declaring a State of Emergency in St. Lucie and Martin County due to the presence of algae blooms for a period of 60 days. 7. On August 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16- 204 extending a State of Emergency for Florida due to the presence of algae blooms in St. Lucie County for a period of 60 days. File No.: BCC 1220165093 PDS Order No. 17-010 February 2, 2017 Page 1 8. On October 3, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16- 230, Emergency Management — Hurricane Matthew for a period of 60 days. 9. 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. 10. 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 complied with that requirement by applying for this extension on December 2, 2016. 11. 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. The analysis is found in the memorandum titled Grande Beach PMUD Emergency Order 16-204 Extension, dated January 20, 2017. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act the approval for the project known as Grande Beach PMUD Site Plan has been found to be eligible for a statutory extension. The approval granted under PDS Order No. 16-005 is extended from its last scheduled date of expiration, February 17, 2017, and shall now expire February 13, 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. 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 herein 2. Prior to the issuance of building permit, the technical specifications for the proposed pervious pavers shall be submitted to the County Engineer for approval. 3. Prior to the issuance of the first building permit, the typical pavement cross- section that meets or exceeds County standards shall be submitted to the County Engineer for approval. 4. The Grande Beach PMUD community center shall be built with a) hurricane resistant glass; b) hurricane resistant doors; and c) an emergency generator. 5. Prior to the issuance of the building permit for the 36{h residential unit, 8,465 square feet of commercial use must be constructed and issued a Certificate of File No.: BCC 1220165093 PDS Order No. 17-010 February 2, 2017 Page 2 Completion by the Code Compliance Division. An additional 7,535 square feet of commercial floor area must be constructed prior to the issuance of a Certificate of Occupancy for the 60th residential unit to ensure that the provision of a minimum of 16,000 square feet of commercial square footage required by the property's future land use sub -area policies. 6. As part of the approval of a SLC Vegetation Removal Permit for any portion of the Grande Beach PMUD site, the developers, their successor or assigns, shall properly root prune, prepare, and relocate the three live oaks and all cabbage palms currently existing in the area of proposed impact (three oaks (2 - 13" & 1 - 15" in the pool and recreation area) elsewhere on the site. 7. The developer shall advise potential buyers of the residential units that the property is located within 4 miles of the St Lucie County International Airport and aircraft will be operating in the area. 8. Prior to issuance of a construction permit for this project, the developers, their successors and assigns, shall have entered into an enforceable utility service agreement with St. Lucie County Utilities to ensure the provision of water and sewer services. This agreement shall be in a form consistent with St. Lucie County Utility District regulations regarding utility service extensions and service provisions. 9. Prior to issuance of a building permit for this project, the Code Compliance Department shall verify that the following green building technologies are utilized, where applicable in the development and construction of the proposed buildings. a. External light fixtures controlled by photo cell and timer b. The use of salt chlorination for the community pool in lieu of harsh chemicals c. High SEER ratings for residential HVAC Units (+14) d. R-30 Icynene0 Insulation at all attic spaces; R-19 min. at all walls e. Rating of 55-60 STC (code minimum = 50) between all tenant spaces f. Maximized use of fluorescent light fixtures g. Programmable thermostats for night time setbacks in each unit h. The use of Energy Star OO appliances in each unit i. FSC (Forest Stewardship Council) certified wood products for cabinets and flooring. j. All plumbing fixtures to be "low flow" water consumption type k. Low VOC paint products for interior finishes I. The use of recycled building materials m. The use of window tinting on all windows to reduce heat gain n. The use of locally sourced products for construction, if practicable o. Deep covered balconies and walkways p. Awnings over windows File No.: BCC 1220165093 PDS Order No. 17-010 February 2, 2017 Page 3 10. The condominium association documents shall incorporate a copy of this resolution to advise buyers of the residential units that this is a mixed use development and some of the uses will be commercial. 11. Prior to the issuance of the 36th residential building permit, the developer shall pay $100,000 to the St. Lucie County for Cultural Affairs needs, to be distributed by the County, at its discretion. 12. Prior to the issuance of the first building permit for the multi -family structures (excludes temporary sales or construction trailers) the owner, developer or assigns shall dedicate the future bus stop location along State Road A-1 -A to St. Lucie County in a form and manner acceptable to the County Attorney. The agreed upon $10,000 fee in lieu of the construction of the transit improvements shall be paid to St. Lucie County prior to the issuance of the first building permit. 13. 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 including but not limited to gopher tortoise relocation permit 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 deferral agency 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. B. The property on which this development order extension is being granted is described as follows.. LEGAL DESCRIPTION: Tract "E-1", Blocks 8 and 9 and alleys abutting thereto, Tract "F-1" and Tract "A" and the portion of Coral Avenue (nikla Flotilla terrace) lying North of Marina Drive, according to the plat of Coral Cove Beach, Section One, as recorded in Plat Book 11 at pages 30A and 30B of the Public Records of St. Lucie County, Florida. Parcel ID# 1425-701-0153-0007 Location: Northwest corner of State Road A -1-A and Marina Drive, on North Hutchinson Island. C. This Grande Beach PMUD Site Plan statutory extension approval shall expire on February 13, 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. 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 File No.: BCC 1220165093 PDS Order No. 17-010 February 2, 2017 Page 4 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. This ORDER is effective the 2nd day of February, 2017. PLANNING & DEVEI ST. LUCIE COUNTY n, AIC MENT SERVICES DIRECTOR ORIDA APPROVED AS TO FORM AND CO CTNESS: 1 County Attorney dw G:1Planning\PROJECT FILESIGrande Beach PMUD Extension BCC 1220165093 File No.: BCC 1220165093 PDS Order No. 17-010 February 2, 2017 Page 5