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HomeMy WebLinkAboutPDS-18-004 - Grande Beach PMUD Site PlanJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4395307 01/29/2018 11:03:05 AM OR BOOK 4091 PAGE 1143 - 1 148 Doc Type: ORD RECORDING: $52.50 PDS NO. 18-004 File No. EDO 1120175230 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 April 11, 2017, Florida Governor Rick Scott issued Executive Order (EO) 17-120 for a period of 60 days due to wildfires and extreme drought conditions. On June 9, 2017, EO 17-120 was further extended by EO 17-174 for additional 60 days. 3. On July 31, 2017, the Governor issued Executive Order 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. 4. On May 3, 2017, the Governor issued Executive Order 17-146 for a period of 60 days due to the opioid epidemic. The Governor of Florida further extended the opioid epidemic by issuing EO 17-177 on June 29, 2017, EO 17-230 on August 28, 2017, EO 17-285 on October 27, 2017 and EO 17-329 on December 22, 2017 for additional 240 days due to the continual opioid epidemic threat to the State of Florida residence. 5. On September 4, 2017, the Governor issued Executive Order 17-235 for a period of 60 days due to the threat of Hurricane Irma. The state of emergency for Hurricane Irma was further extended by EO 17-287 on November 2, 2017 and EO 17-330 on December 29, 2017 for additional 120 days. 6. On October 2, 2017, the Governor issued Executive Order 17-259 for a period of 60 days due to the threat of Hurricane Maria. The order was further extended by EO 17-304 for a period of 60 days on November 28, 2017. File No.: EDO 1120175230 PDS Order No, 18-004 January18, 2018 Pagel 7. 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. 8. 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 November 13, 2017. 9. Planning Staff performed an analysis of the project and determined that this statutory extension is consistent with all the original St. Lucie County development orders granting extensions depicted on the attached Exhibit A. Further analysis is found in the memorandum titled Grande Beach PMUD Executive Orders 17-120 (Wildfires), 17-204 (Tropical Storm Emily), 17-146 (Opioid Epidemic), 17-235 (Hurricane Irma) and 17-259 (Hurricane Maria) Extensions, dated January 18, 2018. 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. 17-010 is extended from its last scheduled date of expiration, February 13, 2018, and shall now expire July 8, 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. 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 36th residential unit, 8,465 square feet of commercial use must be constructed and issued a Certificate of Completion by the Code Compliance Division. An additional 7,535 square feet File No.: EDO 1120175230 PDS Order No. 18-004 January 18, 2018 Page 2 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 Icynene© Insulation at all attic spaces; R-19 min. at all wails 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 O 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 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. File No.: EDO 1120175230 PDS Order No. 18-004 January 18, 2018 Page 3 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# 1426-701-0153-0007 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 July 8, 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. File No.: EDO 1120175230 PDS Order No. 18-004 January 18, 2018 Page 4 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 & DEVEL ST. LUCIE COUNTY, e Olson, AICP ENT SERVICES DIRECTOR RIDA APPROVED AS TO FORM AND CORRECTNESS: File No.: EDO 1120175230 January 18, 2018 PDS Order No. 18-004 Page 5 41:T1=111M. GRANDE BEACH PLANNED MIXED USE DEVELOPMENT The following table provides a historic time line of the approvals granted to the subject site plan Date Approval Approval Expiration Comments Granted Date 12/21/2009 GM Order Senate Bill 360 06/17/2012 Florida Statutes 09-030 Community Renewal Act 08/12/2011 PDS Order 2 -YEAR 06/17/2014 Pursuant to 11-015 Extension Chapter 2011-139, Laws of Florida 07/11/2014 PDS Order 2 -YEAR 06/17/2016 Accordance with 14-035 Administrative Section Extension 11.02.06(B)(4) LDC 01/03/2016 PDS Order Executive Order 02/17/2017 Tropical Storm 16-005 15-173 Erika 02/02/2017 PDS Order Executive 02/13/2018 16-155- Increase 17-010 Orders 16-155, number of algae 16-204 and 16- blooms due to 230 discharge of harmful water from Lake Okeechobee 16-204- 1 ncrease of algae blooms 16-230- Hurricane Matthew