HomeMy WebLinkAboutPDS-17-035 - Hutchinson Sands4
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4353858 09/28/2017 09:29:51 AM
OR BOOK 4045 PAGE 2111 - 2116 Doc Type: ORD
RECORDING: $52.50
PDS ORDER 17-035
FILE NO.: EDO 720175177
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 OR May 28 2010 February 1, 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, 2016.
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 720175177 PDS 17-035
September 22, 2017 Page 1
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 February 3, 2017, the Planning and Development Services Director authorized a site plan
extension in accordance with Section 252.363 Florida Executive Order (EO) 16-230 through
PDS Order 17-009 with an expiration date of December 29, 2018.
11. On August 11, 2017, Florida Governor Rick Scott issued Executive Order (EO) No. 17-120
declaring a 60 day State of Emergency for the extreme drought conditions and wildfires.
12. 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.
13. 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 July 25, 2017.
14. 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 Plan Executive
Order 17-120 Extension, dated September 22, 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 17-009 is extended for 60 days
and 6 months and is now scheduled to expire August 27, 2019, 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
1. 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-
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September 22, 2017 Page 2
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
building, the property owner shall coordinate the alignment and connection of the
26 -foot wide stabilized emergency access driveways as depicted on the site plan
drawings with the property owners to the north and south and enter into a cross -
access agreement with both adjacent property owners. This agreement shall be
recorded identifying that the driveways shall be pervious in nature, shall be kept
clear of any obstructions and shall be utilized only for emergencies. This cross
access easement will not be required if an agreement is executed for the
construction of a shared access driveway that will be utilized for ingress/egress
with either development to the north or south. Said shared access driveway
improvements shall require modifications to the approved site plans.
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).
EDO 720175177 PDS 17-035
September 22, 2017 Page 3
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
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:
http://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
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September 22, 2017 Page 4
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.
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 00008'10" along the easterly line of Section 30, 72 feet to a point of
beginning; thence North 80024'48" West 655 feet, thence South 74021'36" 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 00008'10" 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 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 August 27, 2019 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
EDO 720175177 PDS 17-035
September 22, 2017 Page 5
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.
This ORDER is effective the 22"d day of September, 2017.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
APPROVED AS TO FORM
AND CORRECTNESS:
EDO 720175177 PDS 17-035
September 22, 2017 Page 6