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Home My WebLink AboutPDS-19-004 - Hutchinson SandsPDS 2019-004 EDO 120195449 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY FLORIDA STATUTE SECTION 252.363, TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED MAJOR SITE PLAN KNOWN AS HUTCHINSON SANDS. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a development order extension timely submitted and in accordance with the provisions of Florida Statute Section 252.363, on behalf of Front Street, LLC; LITE 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, of the petition of Canton Cove LLC, Englemeade LLC, Front Street, LLC, LITE 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 %4 mile south of Frederick Douglas Park, and more particularly described in Part B below. 2. On June 30, 2016, the St. Lucie County Planning and Development Services Director approved a Minor Adjustment to the Major Site Plan through PDS Order No. 16-031 consisting of several modifications. 3. On May 3, 2017, the Governor issued Executive Order 17-146 for a period of 60 days due to an opioid epidemic threat to the State of Florida. The Governor further extended this order ten times by issuing Executive Orders 17-177, 17-230, 17-285, 17-329, 18-47, 18-110, 18- 177, 18-235, 18-279 and 18-362 due to the continual opioid epidemic threat to the State of Florida residents. 4. On October 2, 2017, the Governor issued Executive Order 17-259 for a period of 60 days due to the recovery and impacts of Hurricane Maria. The Governor further extended this order seven times by issuing Executive Orders 17-304, 18-17, 18-80, 18-135, 18-214, 18- 236 and 18-281 due to the effects of Hurricane Maria. 5. On October 4, 2018, the Governor issued Executive Order 18-275 for a period of 60 days due to the red tide effects on marine life and Florida's beaches. The Governor further extended this order by issuing EO 18-282 due to the ongoing effects of red tide on Florida's beaches. 6. On July 9, 2018, the Governor issued Executive Order 18-191 for a period of 60 days due to the discharge of harmful water from Lake Okeechobee into the Caloosahatchee River, St. Lucie River, the Indian River Lagoon and estuaries. The Governor further extended this order two times by issuing Executive Orders 18-249 and 18-311 due to the ongoing threat of algae blooms. File No.: EDO 120195449 PDS 2019-004 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY Page: 1 FILE # 4536039 02/27/2019 03:13:36 PM OR BOOK 4237 PAGE 1520 - 1526 Doc Type: ORD RECORDING: $61.00 7. On September 14, 2018, the Governor issued Executive Order 18-253 for a period of 60 days due to the threat of Hurricane Florence to the residents of the State of Florida. 8. Florida Statute Section 252.363 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. 9. Florida Statute Section 252.363 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 January 22, 2019. 10. 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 Executive Order Extension, dated February 19, 2019. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 252.363 of the Florida Statutes State of Emergency Act, the Major Site Plan approval for the project known as Hutchinson Sands has been found to be eligible for a statutory extension. The approval granted under PDS Order No. 18-002 is extended from its last scheduled date of expiration, March 10, 2021, and now shall expire November 29, 2024, 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 File No.: EDO 120195449 PDS 2019-004 Page: 2 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). 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. File No.: EDO 120195449 PDS 2019-004 Page: 3 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 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 File No.: EDO 120195449 PDS 2019-004 Page: 4 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. Parcel ID#s: 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 November 29, 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 File No.: EDO 120195449 PDS 2019-004 Page: 5 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. St, ORDER effective this � day of 019. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY t , I t L slie Ison, A C APPROVED AS TO FORM AND CORRECTNESS: m File No.: EDO 120195449 PDS 2019-004 Page: 6 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 Plan increase 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 07/03/2017 Modifications to site plan to the Major Site Plan 10/21/2016 PDS 16-044 EO 16-155 04/30/2018 Increase number of EO 16-204 algae 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. 01/18/2018 PDS 18-002 EO 17-204 03/10/2021 Threat of Tropical Storm EO 17-220 Emily EO 17-235 Threat of Hurricane Irma EO 17-287 EO 17-330 File No.: EDO 120195449 PDS 2019-004 Page: 7