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Home My WebLink AboutPDS-20-047 - Turtle NestPDS No. 2020-047 EDO 7202025777 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 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 James P. Brown, Brown Realty, LLC 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 a Minor Site Plan 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 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 Order20- 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 Turtle Nest Minor Site Plan Executive Order Extension, dated August 4, 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 Turtle Nest has been found eligible for this statutory extension. The approval extended under PDS Order No. 2019-012, is further extended from its last scheduled I File No.: EDO 7202025777 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT S No. 2020-047 SAINT LUCIE COUNTY FILE # 4746388 08/26/2020 09:56:59 AM Page: 1 OR BOOK 4466 PAGE 1897 - 1901 Doc Type: ORD RECORDING: $44.00 expiration 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, 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 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: htt:::://www.stlucieco.gov/pdfs/Conservation Easement Form.-.df. 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. File No.: EDO 7202025777 PDS No. 2020-047 Page: 2 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 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 approval and authorization granted by this order for the purpose of obtaining building permits on this property, shall expire on November 1, 2024, unless the developer has obtained a Final Plat approval for the site plan/subdivision or an extension has been granted , in accordance with Section 11.02.06(B)(1), St. Lucie County Land Development Code. File No.: EDO 7202025777 PDS No. 2020-047 Page: 3 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 ORDER effective this day of h4 2020. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY APPROVED AS TO FORM AND CORRECTNESS: L'j'1 File No.: EDO 7202025777 PDS No. 2020-047 Page: 4 EXHIBIT — A Turtle Nest Date Approval Approval Granted Expiration Comments Date 04/04/2017 Res. 17-58 Minor Site Plan 04/04/2019 Eight single-family lots Approval J 04/13/2019 PDS Order No. 19- Executive Orders 07/07/2023 Red Tide 012 18-275, 18-253, 18- Hurricane Florence 279 18-281, and 18- Opioid Epidemic 311 Hurricane Maria Lake Okeechobee Alaae Blooms The following table provides a historic time line of the approvals granted to the subject site plan. File No.: EDO 7202025777 PDS No. 2020-047 Page: 5