HomeMy WebLinkAboutPDS-20-011 - Statutory Extension for Major Site Plan Known as Hutchinson SandsJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4671915 02/07/2020 11:09:30 AM
OR BOOK 4380 PAGE 179 - 185 Doc Type: ORD
RECORDING: $61.00
PDS 2020-011
File No. EDO 1202025665
AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION
252.363 FLORIDA STATUTES TO 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 by Brown Realty, LLC, 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, of 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 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 August 28, 2019, the Governor issued Executive Order 19-189 for 60 days due to the
threat of Hurricane Dorian to the State of Florida residents. The Governor further extended
this Order by issuing Executive Order 19-235 on October 25, 2019, and Executive Order 19-
281 on December 19, 2019, due to the ongoing recovery from Hurricane Dorian. The eligible
tolling period for this emergency declaration is 180 days plus six (6) months.
4. Section 252.363 Florida Statute 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.
5. Section 252.363 Florida Statutes requires that a specific written notice be filed with the
issuing authority within ninety (90) days after the termination of the declaration of
emergency. The applicant applied for this extension on January 7, 2020.
6. 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 January 16, 2020.
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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. 19-004 is extended from its
last scheduled date of expiration, November 29, 2024, and now shall expire November 25,
2025, 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.
Plannina 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 forthe first condominium building,
the common landscape improvements between the entrance (A-1-Aright-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.
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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.
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.
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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:
hftp://Www.stiucieco.gov/pdfs/Conservation—Easement—Form. pdf.
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
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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" 0" 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 25, 2025,
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.
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G. This Order shall be recorded in the Public Records of St. Lucie County.
ORDER effective this day of , 2020.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
ie Qson, AICP
APPROVED AS TO FORM
AND CORRECTNESS:
n
BY
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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 Extension
03/4/2012
Accordance with Florida
Statutes Community
Renewal Act
11/30/2010
PDS 10-022
2-Year Site Plan Extension
03/04/2014
Accordance with Senate
Bill 1752 _
Accordance with LDC
03/07/2014
PDS 14-011
2-Year Land Development
03/04/2016
Code Administrative
Section 11.02.06(B)(4)
Extension
02/02/2016
PDS 16-009
EO 15-173
11/04/2016
Threat of Tropical
Storm Erika
I
02/24/2016 Resolution Adjustment to Site Plan BOA variance to
16-004 increase the building
height
! 05/16/2016
PDS 16-027
EO 16-59
07/03/2017 1 Lake Okeechobee
Minor Adjustment to the Major
discharge
06/30/2016
PDS 16-031
07/03/2017
Modifications to site
Site Plan
04/30/2018
plan
10/21/2016
1 PDS 16-044
1 EO 16-155
Increase number of
EO 16-204
algae blooms due to
discharge of harmful
water from Lake
Okeechobee
602/03/2017
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.
03/10/2021 Threat of Tropical
01/18/2018
PDS 18-002 1 Executive Orders - 17-204,
17-220, 17-235, 17-287, 17-
Storm Emily
330
Threat of Hurricane
Irma
11/29/2024 Hurricane Maria
02/21/2019
PDS 2019-
Executive Orders - 17-259,
004
17-146, 18-191, 18-253
Opioid Crisis
Toxic Algae
Red Tide
Hurricane Florence
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