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Home My WebLink AboutPDS-19-012 - Turtle NestJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4544001 03/21/2019 09:58:28 AM OR BOOK 4245 PAGE 2188 - 2193 Doc Type: ORD RECORDING: $52.50 PDS No. 2019-012 EDO 2201915468 AN ORDER GRANTING A STATUTORY EXTENTION PROVIDED BY FLORIDA STATUTE SECTION 252.363, TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED MINOR SITE PLAN KNOWN AS TURTLE NEST. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a development order administrative extension timely submitted by Deris Bardales, BDH Consulting Group on behalf of SA Acquisition Company, and has made the following determinations: On April 4, 2017, the St. Lucie County Board of County Commissioners granted Minor Site Plan approval for the project known as Turtle Nest, a residential subdivision consisting of eight (8) single-family lots located on the east side of South Ocean Drive, approximately 1,500 feet south of the Watersong PUD development's south entrance and 2.5 miles north of the FPL Nuclear Power Plant in the HIRD (Hutchinson Island Residential District) zoning district. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. File No.: EDO 2201915468 PDS No. 2019-012 Page: 1 7. 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. 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 February 7, 2019. 9. Planning Staff performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County development order granting site plan approval through Resolution No. 17-058. Further analysis is found in the memorandum titled Turtle Nest Minor Site Plan Executive Order Extension, dated March 11, 2019. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Florida Statute Section 252.363, the Minor Site Plan approval for the project known as Turtle Nest has been found eligible for this statutory extension. The approval granted under Resolution No. 17-058, is now extended from its last scheduled expiration date of April 4, 2019 and shall now expire July 7, 2023, for the property described in Part B, is hereby approved with the following conditions: This Development Order shall be recorded in the Public Records of St. Lucie County, Florida. This Development Order shall be recorded in order to provide constructive legal notice of development conditions that run with the land. 2. The Final Plat shall not be recorded until constructible engineering plans are approved, and all public and common improvements, including those items referenced in Condition Number 12, are either: a) built and accepted or approved by St. Lucie County; or b) secured with a developer's surety held by the St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 3. Pursuant to Section 11.03.02 and 11.04.00 of the St. Lucie County Land Development Code constructible engineering plans shall be submitted to the County Engineer. 4. The County Engineer shall receive a copy of this Development Order and the site plan it approves The County Engineer shall not approve constructible engineering plans or cost estimates that do not implement or are not consistent with this Development Order and the plans hereby approved. 5. Prior to issuance of a Vegetation Removal Permit or Exemption the applicant shall provide the required amended Conservation Easement over the onsite preserves, approved Preserve Area Monitoring and Management Plan (PAMMP), Dune Restoration Plan and Sea Turtle Protection Plan (STPP) with an attached affidavit and File No.: EDO 2201915468 PDS No. 2019-012 Page: 2 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 shapefile 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: 6. Prior to issuance of a Certificate of Occupancy the applicant shall provide detailed lighting plans for each building for review and approval to St Lucie County Environmental Resources Department. 7. Prior to the issuance of a Certificate of Occupancy, all seaward and shore - perpendicular facing windows and doors shall be fitted with tinted glass or film with a visible light transmittance value of forty-five (45) percent or less. 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. 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 and preserve area protection measures have been installed. 9. Prior to the issuance of a Certificate of Occupancy, informational sea turtle signage shall be installed on each dune crossover. 10. Prior to issuance of a Certificate of Occupancy for the first building permit, all invasive exotic vegetation shall be removed (Land Development Code Section 7.09.05). 11. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall include the following information within the Homeowners Association documents: a) Restrictions on any encroachment into the preserve areas, as well as restrictions on vegetation removal outside the building pad areas. [Comprehensive Plan Policy 8.1.8.5] b) References to the Preserve Area Management Plan (PAMMP) and Sea Turtle Protection Plan (STPP). c) Disclosure regarding the COBRA zone designation for this property. d) Mechanism for perpetual financial responsibility of the Homeowners Association for future dune maintenance. 12. 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 File No.: EDO 2201915468 PDS No. 2019-012 Page: 3 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. 13. 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: The North 500 feet of the south 1000 feet of Section 32, Township 35 south, Range 41 east, St Lucie County Florida, together with all Riparian and Littoral Rights Thereto Appertaining. Less the Road right of way for State Road A1A. Parcel ID# 2532-341-0002-000/2 C. This Minor Site Plan statutory extension approval shall expire on July 7, 2023 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 administrative 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 File No.: EDO 2201915468 PDS No. 2019-012 Page: 4 ORDER effective this a day of A , 2019. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Les ie Olson, AICP APPROVED AS TO FORM AND CORRECTNESS: L"V File No.: EDO 2201915468 PDS No. 2019-012 Page: 5 EXHIBIT - A Turtle Nest The following table provides a historic time line of the approvals granted to the subject site plan. FDate2017 Approval I Approval Granted Expiration Comments _ Date Res. 17-58 Minor Site Plan 04/04/2019 Eight single-family lots Approval