HomeMy WebLinkAboutPDS-20-023 - Atlantic Wellness Center and Resort PDS ORDER 2020-023
FILE NO.: EDO 3202025695
AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY
SECTION 252.363 FLORIDA STATUTES TO THE APPROVED
PRELIMINARY/FINAL PLANNED NON-RESIDENTIAL DEVELOPMENT o c
SITE PLAN AND CONDITIONAL USE PERMIT FOR THE ATLANTIC m co m n o
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WELLNESS CENTER AND RESORT o o A c
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WHEREAS, the Planning and Development Services Director has reviewed the request for an N p C
extension timely submitted by Dean, Mean, Minton & Zwemer, on behalf of Millhess & m
Southall, Inc., and has made the following determinations: o
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1. On May 7, 2019, the Board of County Commissioners granted approved through Resolution o w
No. 2019-09, granting a Preliminary/Final Planned Non-Residential Development (PNRD) 0 `°
and Conditional Use Permit for the project known as Atlantic Wellness Center and Resort. 0ci) 0
The project consists of a specialty hospital (drug and alcohol addiction treatment, 0
rehabilitation and wellness) on 22.43 acres of property located on South Ocean Drive, 0 0
approximately one-half mile south of Anacostia place on South Hutchinson Island in the
PNRD (Planned Non-Residential Development) Zoning District.
2. 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. The Governor further extended this Order
through Executive Order 19-234 on October 25, 2019, Executive Order 19-281 on
December 19, 2019, and Executive Order 20-43 on February 17, 2020, due to the ongoing
recovery from Hurricane Dorian. The eligible tolling period for this emergency declaration is
240 days plus six (6) months.
3. 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 (6) months.
4. 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 February 27, 2020.
5. Planning Staff performed an analysis of the project and determined that the extension is
consistent with all the original St. Lucie County Development Orders. Further analysis is
found in the memorandum titled Atlantic Wellness Center and Resort Preliminary/Final
PNRD Executive Order Extension, dated April 6, 2020.
NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of
St. Lucie County, Florida:
A. Pursuant to Section 252.363 Florida Statues State of Emergency Act, the
Preliminary/Final Planned Non-Residential Development (PNRD) Site Plan and
Conditional Use Permit for the project known as Atlantic Wellness Center and Resort
File No.: EDO 3202025695 PDS 2020-023
Page 1
has been found to be eligible for a statutory extension. The approval granted under
Resolution No. 2019-091 is extended from its last scheduled date of expiration; May 7,
2020, and now shall expire July 5, 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.
PNRD PRELIMINARY & FINAL SITE PLAN
Planning and Development Services Department, Planning Division
1. The site plan shall provide four (4) off-street loading spaces in accordance with
LDC Section 7.06.02. A.3 b., which meet the requirements of Section 7.06.02 B. 9 -
Off-Street Loading Space Design and do not conflict with applicable fire safety and
emergency access provisions for the site.
2. The parking stalls which feature a reduced width of nine (9) feet shall be marked
to acknowledge the compact nature of the spaces.
3. Prior to issuance of a building permit, the applicant shall provide written
confirmation from the St. Lucie County - Fort Pierce Bureau of Fire Prevention, or
otherwise demonstrate by substantial evidence, that water supply, evacuation facilities,
and emergency access are satisfactory to provide adequate fire protection for the
project.
4. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
shall provide the required amended Conservation Easement over the onsite preserves,
the approved Preserve Area Monitoring and Management Plan (PAMMP), the Dune
Restoration Plan, and the Sea Turtle Protection Plan (STPP) 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 shapefile of the
conservation easement boundaries to St. Lucie County. A copy of a standard
Conservation Easement can be obtained from the St. Lucie County Environmental
Resources Department.
5. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
shall provide the alternative mitigation fee in lieu for the 1.05-acres of upland buffer
impacts in the amount of $35,505 to be used by the County for environmental
enhancement and conservation activities including, but not limited to; purchase of
conservation land; restoration of public lands; maintenance and management of
conservation lands; and such expenditures for environmental enhancement and
conservation uses as determined by the County.
6. Prior to issuance of a Certificate of Occupancy, the applicant shall provide Florida
Fish and Wildlife Conservation Commission approved detailed lighting plans to the St
Lucie County Environmental Resources Department.
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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 any building permit, all invasive
and exotic vegetation shall be removed (Land Development Code Section 7.09.05).
11. Prior to issuance of a Vegetation Removal Permit or Exemption, updated 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.
12. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
shall provide a mechanism for perpetual financial responsibility for future dune
maintenance.
13. The applicant acknowledges this property is located within the COBRA zone
designation.
14. The lift station shall include the following precautions to prevent contamination of
the wetland in the event of a system failure: [Comprehensive Plan Policy 6.1.14.2.c]:
o The top of wetwell and electrical components will be sited sufficiently
above the flood elevation of concern.
o A permanent emergency generator to ensure functionality of the lift station
in the event of a power outage shall be provided.
o An appropriate alarm (high level, pump failures, etc.) and a means of
notification (e.g. autodialer) shall be installed to notify of problems at the lift
station and so utility personnel can respond in a timely manner.
o Routine maintenance to prevent a failure at a lift station shall be
performed.
File No.: EDO 3202025695 PDS 2020-023
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General
15. The Final PRND Site Plan may omit the proposed bicycle racks and/or sidewalk
connection between State Road A1A and the parking lot.
CONDITIONAL USE PERMIT
1. The development plan shall adhere to a maximum occupancy of 220 patients,
not more than five (5) staff sleeping rooms, and the specific use categories and
classification of uses presented within the application documents (specific subsets of
SIC codes 8069, 8063, and 8071).
2. All commercial deliveries and pickups shall occur between the hours of 7:00 a.m.
and 6:00 p.m.
3. Visitation hours, as identified by the applicant, shall be limited to 9:00 am to 9:00
pm.
4. No patient admittance to or discharge from the facility, except in an emergency,
shall occur between the hours of 11:00 p.m. and 6:00 a.m.
5. The facility shall maintain security protocols as presented in the application and
support documents.
6. Prior to issuance of a certificate of occupancy, an Emergency Management Plan
(EMP) shall be approved by the local emergency management agency.
7. Upon issuance of a certificate of occupancy and facility operation, the EMP shall
be appropriately monitored and submitted for reauthorization by the local emergency
management agency on an annual basis.
8. The facility shall not provide outpatient services (for individuals not residing at the
subject center).
9. The facility shall utilize and maintain risk monitor devices for each patient.
B. The property on which the Preliminary/Final Planned Non-Residential Development
(PNRD) and Conditional Use Permit is being extended is described as follows:
Legal Description:
Parcel 1
THE NORTH 469.42 FEET OF GOVERNMENT LOT 2, SECTION 29, TOWNSHIP 35
SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA, TOGETHER WITH A
NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE
FOLLOWING:
File No.: EDO 3202025695 PDS 2020-023
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FROM THE NW CORNER OF GOVERNMENT LOT 2, SECTION 29, TOWNSHIP 35
SOUTH, RANGE 41 EAST, RUN SOUTH ALONG THE WEST LINE OF SAID
GOVERNMENT LOT 2, A DISTANCE OF 469.42 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 121 FEET TO THE EASTERLY RIGHT-OF-
WAY LINE OF STATE ROAD A1A; THENCE RUN SOUTHEASTERLY ALONG SAID
RIGHT-OF-WAY 122.51 FEET; THENCE RUN NORTH 227.81 FEET; THENCE RUN
WEST 60 FEET TO THE POINT OF BEGINNING.
SAID LAND CONTAINS 10.64 ACRES, MORE OR LESS.
Parcel 2
THE SOUTH 469.42 FEET OF THE NORTH 938.84 FEET OF GOVERNMENT LOT 2,
SECTION 29, TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY,
FLORIDA, EXCEPTING THE RIGHT-OF-WAY OF STATE ROAD A1A, SUBJECT TO A
NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE
FOLLOWING:
FROM THE NW CORNER OF GOVERNMENT LOT 2, SECTION 29, TOWNSHIP 35
SOUTH, RANGE 41 EAST, RUN SOUTH ALONG THE WEST LINE OF SAID
GOVERNMENT LOT 2, A DISTANCE OF 469.42 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 121 FEET TO THE EASTERLY RIGHT-OF-
WAY OF STATE ROAD A1A; THENCE RUN SOUTHEASTERLY ALONG SAID RIGHT-
OF-WAY 122.51 FEET; THENCE RUN NORTH 227.81 FEET; THENCE RUN WEST 60
FEET TO THE POINT OF BEGINNING.
SAID LAND CONTAINS 11.79 ACRES, MORE OR LESS. (INCLUDING WEST SIDE OF
A-1-A)
Parcel ID Numbers: 2529-231-0002-000-4 and 2529-231-0001-000-7
C. This Planned Non-Residential Development Site Plan statutory extension approval shall
expire on July 5, 2021, unless a building permit is issued or an extension has been
granted in accordance with Section 11.02.06, of the St. Lucie County Land Development
Code.
D. The conditions set forth in Part A are an integral non-severable part of the Final Site
Plan and Conditional Use Permit approvals as granted by this statutory 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.
This ORDER is effective the day of )4 , 2020.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COU Y, FLORIDA
BY
L s ie Ison, I
APPROVED AS TO FORM
AND CORRECTNESS:
BY
County Attorney
File No.: EDO 3202025695 PDS 2020-023
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