HomeMy WebLinkAboutPDS-18-016 - Marisol Major Site PlanJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE 4 4402083 02/15/2018 03:53:19 PM
OR BOOK 4098 PAGE 750 - 756 Doc Type: ORD
RECORDING: $61.00
PDS NO. 18-016
File No. EDO-1120175229
AN ORDER GRANTING A STATUTORY EXTENSION
PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO
THE SCHEDULED EXPIRATION DATE FOR THE APPROVED
MARISOL MAJOR SITE PLAN.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for development order extension timely submitted by Gunster Law Firm on behalf of
Sands End Development, LLC, and has made the following determinations:
On October 1, 2013, the St. Lucie County Board of County Commissioners granted
approval through Resolution No. 2013-166 to the petition of Sands End Development,
LLC, for the Major Site Plan known as Marisol, on property located on the east side of
South SR A1A (South Ocean Drive), approximately 3.3 miles north of the Martin County
line in the HIRD (Hutchinson Island Residential District). The development consist of five
(5) multiple family residential buildings providing for a total of 106 residential units.
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 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.
4. 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.
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-1120175229 PDS Order 18-016
February 8, 2018 Page 1
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 applied for this extension on November 3, 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 Marisol Executive Orders 17-120 (Wildfires), 17-146 (Opioid
Epidemic), 17-204 (Tropical Storm Emily), 17-235 (Hurricane Irma) and 17-259 (Hurricane
Maria) Extensions, dated February 8, 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 Marisol Major Site Plan has been found to be eligible for a
statutory extension. The approval granted under PDS Order 18-013 is extended from its
last scheduled date of expiration December 28, 2020 and shall now expire May 22, 2024,
for the property described in Part B, is hereby approved with the following conditions.
1. 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 commencement of any site construction activities involving the excavation
or removal of site materials from the northern 113 of the project site (from the
approximate south side of proposed building #4 to the north property line of the project
site) the developer shall:
a. Ensure that, during all excavation activities in the above-described area, a
registered archeologist with experience on this site or similarly certified party or
individual acceptable to the St. Lucie County Historic Preservation Officer, is
present on the site to observe all site and excavation activities. If during the
excavation activities additional culturally significant artifacts are discovered, site
excavation activities shall be suspended and the St. Lucie County Historic
Preservation Officer shall be immediately notified.
b. For the purpose of this condition, culturally significant artifacts shall be deemed to
include any discovery of human remains, significant structural remains or anything
beyond the expected observation of materials typically found in midden deposits
of the type described in the Phase III Archeological Data Recovery Report for the
File No.: EDO-1120175229 PDS Order 18-016
February 8, 2018 Page 2
Herman's Bay Midden site.
For the purpose of defining the meaning or intent of any term used in this condition,
reference shall be directed to Section 4.11.02, Historic Preservation, Definitions, of the
St. Lucie County Land Development Code.
Nothing in this condition shall prevent the developer from commencing beach and
dune renourishmentlrestoration activities provided that no site excavation activities are
included as part of that work.
3. Prior to the issuance of any construction authorizations, the developer or assigns shall
provide an executed copy of a final utility service agreement with Fort Pierce Utilities
Authority, indicating all developer obligations associated with the particular phase of
the permit and that potable water will be provided to serve the project.
4. Prior to the issuance of any construction authorizations, the developer or assigns shall
provide documentation from St. Lucie County Utilities indicating that wastewater
services are reserved and will be provided to the proposed project.
5. Prior to any construction authorizations the St. Lucie County Fire District shall review
and approve the plans.
6. The final construction plans shall provide a mountable 8 foot wide sidewalk along the
main entrance road to provide the required 24 foot access entrance that is designed
to support 32 tons of fire apparatus. Prior to construction authorizations, the plans
shall be reviewed and approved by the St. Lucie Fire District,
7. Prior to issuance of any Vegetation Removal Permit or Exemption, whichever comes
first, copies of the approved Preserve Area Monitoring and Management Plan
(PAMMP) and Sea Turtle Protection Plan (STPP) with an attached affidavit attesting
to the existence of these documents and their applicability to the property described
in Part B below, along with a cashier's check (payable to the Clerk of the Court) for
recording fees shall be provided to the County. The affidavit attesting to the existence
of these documents and their applicability to the property described in Part B below
shall be recorded in the land records of St. Lucie County and the documents shall be
kept on file with the St. Lucie County Planning and Development Services Department
and the St. Lucie County Environmental Resources Department. The terms of this
condition shall not apply for any Vegetation Removal Permit or Exemption, for the
property associated with the lawfully authorized dune restoration works as permitted
by the Florida Department of Environmental Protection.
S. Prior to issuance of any Vegetation Removal Permit or Exemption, for primary site
construction activities (including general site preparation, unless otherwise noted
below), any executed Conservation Easement, identifying all areas subject to County
regulated conservation or preservation within the phase or phases of the project on
which development activities are proposed to be affected by said permit or permit
File No.: EDO-1120175229 PDS Order 18-016
February 8, 2018 Page 3
exemption, shall be provided to St. Lucie County, along with an attached affidavit and
required cashier's check (payable to the Clerk of the Court), for the purpose of
recording that easement, or easements, in the Land Records of St. Lucie County. A
copy of a standard Conservation Easement can be found on the St. Lucie County
Environmental Resources Department website at: httpi/lwww.stlucieco.gov/pdfsl
Conservation Easement_Form.pdf. The terms of this condition shall not apply for any
Vegetation Removal Permit or Exemption, for the property associated with the lawfully
authorized dune restoration works as permitted by the Florida Department of
Environmental Protection.
9. Prior to issuance of a Vegetation Removal Permit or Exemption, the following
information shall be submitted to the Environmental Resources Department for
approval:
a. Revised plans showing the existing western toe of dune.
b. Updated accurate tree survey and mitigation plan.
c. Updated Preserve Area Management Plan and Environmental Impact Report
10. The issuance of 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.
All other applicable state or federal permits must be obtained before commencement
of the development.
11. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs
first, a copy of current Listed Species Surveys, approvals and permits applicable to
the areas addressed by or through the requested Vegetation Removal Permit or
Exemption, shall be provided to the St. Lucie County Environmental Resources
Department and the St. Lucie County Planning and Development Services
Department. If written documentation from the U.S. Fish and Wildlife Service
(federally -listed species) and/or the Florida Fish and Wildlife Conservation
Commission (state -listed species) is provided to St. Lucie County that states a species
survey is not required, this condition of approval is satisfied.
12. 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 St. Lucie County Environmental Resources Department staff,
addressing vegetation protection measures.
B. The property on which this development order extension is being granted is described as
follows:
SITE LEGAL DESCRIPTION:
All of the following described land lying easterly of State Road A -1-A.
File No.: EDO-1120175229 PDS Order 18-016
February 8, 2018 Page 4
That portion of Section 27, Township 36 South, Range 41 East, St Lucie County, Florida, lying
south of a line that extends westerly from the mean high water mark of the Atlantic Ocean to the
mean high water mark of the Indian River and that is parallel with the south section line of said
Section 27, which line intersects a point on the easterly right of way line of State Road A1A located
1500 feet northwesterly of the point of intersection of the easterly right of way of said State Road
Al A and said south Section line as measured along the easterly right of way line of said State Road
Al A.
Said parcel containing 11.885 acres, more or less.
SITE ACERAGE:
11.885 acres (more or less)
PARCEL, ID NUMBERS:
3527-413-0001-00012
3527-441-0001-00019
C. This Major Site Plan statutory extension approval shall expire on May 22, 2024 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.
File No.: EDO-1120175229 PDS Order 18-016
February 8, 2018 Page 5
G. This order shall be recorded in the Public Records of St. Lucie County.
This ORDER is effective the 8th day of February, 2018.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY , dA
Leslie Olson, AIG .
APPROVED AS TO FORM
AND CORRECTNESS:
k w
County Att rne,
File No.: EDO-1120175229 PDS Order 18-016
February 8, 2018 Page 6
EXHIBIT - A
MARISOL MAJOR SITE PLAN
The following table provides a historic time line of the approvals granted to the subject site plan
Date
Approval
Approval
Expiration
Comments
Granted
Date
01/16/2015
PDS Order
2 -YEAR
10/01/2017
Chapter 2014-218,
15-001
Extension
Laws of Florida
12/14/2015
PDS Order
Executive Order
05/31/2018
Tropical Storm
15-040
15-173
Erika
07/1412016
PDS Order
Executive Order
01/29/2019
Increase number
16-035
16-59
of algae blooms
due to discharge
of harmful water
from Lake
Okeechobee
01/29/2018
PDS Order
Executive
12/28/2020
Lake Okeechobee
18-013
Orders
and Hurricane
16-156 (Lake
Matthew
Okeechobee)
230 (Hurricane
Matthew