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Home My WebLink AboutPDS-20-046 - Pelican ReefJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4743837 08119/2020 08:14:49 AM OR BOOK 4463 PAGE 1681 - 1686 Doc Type: RESO RECORDING: PDS No. 2020-046 EDO 2201915469 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY FLORIDA STATUTE SECTION 252.363, TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED MINOR SITE PLAN KNOWN AS PELICAN REEF. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a development order administrative extension timely submitted by James P. Brown, Brown Realty, LLC, on behalf of Samo, LLC, 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 Pelican Reef, a residential subdivision consisting of seven (7) single-family lots located on the east side of South Ocean Drive, approximately 2,500 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 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, Executive Order 20-43 on February 17, 2020, and Executive Order 20- 106 on April 17, 2020, due to the ongoing recovery from Hurricane Dorian. The eligible tolling period for this emergency declaration is 300 days plus six (6) months. 3. 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 (6) months. 4. Section 252.363 Florida Statutes requires that a specific written notice be filed with the issuing authority within ninety days (90) after the termination of the declaration of emergency. The applicant applied for this extension on July 1, 2020. 5. Planning Staff performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County development orders granting site plan extensions depicted on the attached Exhibit A. Further analysis is found in the memorandum titled Pelican Reef Minor Site Plan Executive Order Extension, dated August 3, 2020. 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 Pelican Reef has been found eligible for this statutory extension. The approval extended under PDS Order 2019-015, is further extended from its last scheduled expiration JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY File No.: EDO 7202025778 FILE# 4746919 08/2712020 09:25:00 AM )46 OR BOOK 4467 PAGE 930 - 935 Doc Type: ORD ?: 1 RECORDING: $52.50 date of July 7, 2023, and shall now expire November 1, 2024, 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 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. Priorto construction, the developer shall provide detailed Engineering drawings certified by a Professional Licensed Engineer in the State of Florida that there are no vertical or horizontal obstacles along the entrance road that will impede heavy equipment or machinery in route to the 20' beach and dune access easement. 6. The Declaration of Covenants for Pelican Reef's Homeowners Association shall at all times require the Homeowners Association to maintain in good repair and manage, operate and insure, and shall replace as often as necessary the Common Areas including but not limited to the Preserve Areas protected under the Conservation Easement. Without limiting the generality of the foregoing, the Homeowners Association shall assume, and hereby assumes, all Developer's and its affiliates' responsibility to St. Lucie County with respect to the Common Areas, Sea Turtle Protection Plan Conservation Easement. 7. 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 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: httg://www.stiucieco.gov/pdfs/Conservation Easement Form.df. File No.: EDO 7202025778 PDS No. 2020-046 Page: 2 8. 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. 9. 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. 10. 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. 11. Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their successor or assigns, shall provide a utility plan detailing siting of the top of the proposed wetwell and electrical components sufficiently above the flood elevation, a permanent emergency generator to ensure functionality of the station in the event of a power outage, appropriate alarms and means of notification for utility personnel, and thorough routine maintenance schedule in order to prevent failure of the onsite lift station. 12. Prior to the issuance of a Certificate of Occupancy, informational sea turtle signage shall be installed on each dune crossover. 13. 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). 14. 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. 15. The issuance of a County development permit does not in anyway 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 7202025778 PDS No. 2020-046 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. 16. 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 SOUTH 500 FEET OF GOVERNMENT LOTS 5 AND 6 OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF A 100 FOOT WIDE RIGHT OF WAY FOR STATE ROAD A-1-A. (Location: East side of South Ocean Drive, approximately 2,500 feet south of the Watersong development's south entrance and 2.5 miles north of the Florida Power and Light facility on South Hutchinson Island.) Parcel ID# 2532-344-0001-000/4 C. This Minor Site Plan statutory extension approval shall expire on November 1, 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 PartA 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. I File No.: EDO 7202025778 PDS No. 2020-046 i Page: 4 G. This order shall be recorded in the Public Records of St. Lucie County. rK ORDER effective this 5 day of12020. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA I:y/ APPROVED AS TO FORM AND CORRECTNESS: Am File No.: EDO 7202025778 PDS No. 2020-046 Page: 5 EXHIBIT — A Pelican Reef Date Approval Approval Granted Expiration Comments Date 04/04/2017 Res. 17-59 Minor Site Plan 04/04/2019 Seven single-family lots Approval 04/02/2019 PDS Order No. 19- Executive Orders 07/07/2023 Red Tide 015 18-275, 18-253, 18- Hurricane Florence 279 18-281, and 18- Opioid Epidemic 311 Hurricane Maria Lake Okeechobee ALiae Blooms The following table provides a historic time line of the approvals granted to the subject site plan. File No.: EDO 7202025778 PDS No. 2020-046 Page: 6