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HomeMy WebLinkAboutPDS-18-002 - Hutchinson SandsPDS ORDER 18-002 FILE NO.: EDO 1120175222 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 July 31, 2017, Florida Governor Rick Scott issued Executive Order (EO) 17-204 for a period of 60 days due to Tropical Storm Emily. On August 15, 2017, EO 17-204 was terminated by Executive Order 17-220 due to the storm no longer posing a threat to the State of Florida. 3. On September 4, 2017, the Governor issued Executive Order 17-235 for a period of 60 days due to threat of Hurricane Irma. 4. Extending Executive Order 17-235, Florida Governor Rick Scott issued Executive Order 17- 287 on November 2, 2017 and EO 17-330 on December 29, 2017 for additional 120 days due to the ongoing recover from Hurricane Irma. 5. 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. 6. 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 November 3, 2017. 7. Planning Staff performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County development orders granting extensions depicted on the attached Exhibit A. Further analysis is found in the memorandum titled Hutchinson Sands EO 17-204 (T. S. Emily) & 17-235 (Hurricane Irma) Extensions, dated January 18, 2018. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 439433101/25/2018 10:26:17 AM EDO 1120175222 OR BOOK 4090 PAGE 1345 - 1350 Doc Type: ORD PDS 18-002 January 18, 2018 RECORDING: $52.50 Page 1 IR 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 17-035 is extended for 195 days and 12 months and is now scheduled to expire March 10, 2021, 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 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 EDO 1120175222 January 18, 2018 PDS 18-002 Page 2 t 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 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 EDO 1120175222 January 18, 2018 PDS 18-002 Page 3 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 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 00°08'10" 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. EDO 1120175222 PDS 18-002 January 18, 2018 Page 4 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 March 10, 2021, 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 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 18th day of January, 2018. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE CO TY, FLORIDA BY Le ie Olso . AICP APPROVED AS TO FORM AND CO`F�RECTNESS: n County'Attorney EDO 1120175222 PDS 18-002 January 18, 2018 Page 5 EXHIBIT - A Hutchison Sands The following table provides a historic time line of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 02/01/2010 GM 10-007 2 -Year Site Plan 03/4/2012 Accordance with Florida Extension Statutes Community Renewal Act 11/30/2010 PDS 10-022 2 -Year Site Plan 03/04/2014 Accordance with Senate Extension Bill 1752 03/07/2014 PDS 14-011 2 -Year Land 03/04/2016 Accordance with LDC Development Code Section 11.02.06(B)(4) Administrative Extension 02/02/2016 PDS 16-009 EO 15-173 11/04/2016 Threat of Tropical Storm Erika 02/24/2016 Resolution 16-004 Adjustment to Site BOA variance to increase Plan the building height 05/16/2016 PDS 16-027 EO 16-59 07/03/2017 Lake Okeechobee discharge 06/30/2016 PDS 16-031 Minor Adjustment to 07/03/2017 Modifications to site plan the Major Site Plan 10/21/2016 PDS 16-044 EO 16-155 04/30/2018 Increase number of algae EO 16-204 blooms due to discharge of harmful water from Lake Okeechobee 02/03/2017 PDS 17-009 EO 16-230 12/29/2018 Threat of Hurricane Matthew 09/22/2017 PDS 17-035 EO 17-120 08/27/2019 Extreme drought conditions and wildfires.