HomeMy WebLinkAboutPDS-21-048 - Cristelle Cay (FKA Ocean Palms) CondominiumPDS ORDER 2021-048
FILE NO.: EDO-8202126109
AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED
BY FLORIDA STATUTES SECTION 252.363 TO THE SCHEDULED
EXPIRATION DATE FOR THE APPROVED MINOR SITE PLAN
KNOWN AS CRISTELLE CAY (FKA OCEAN PALMS)
CONDOMINIUM
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for a development order administrative extension timely submitted by David Gilman,
Cardinal Ocean Development, LLC, and has made the following determinations:
On August 13, 2018, the Planning & Development Services Director granted a Major
Adjustment to a Minor Site Plan to increase the quantity of dwelling units and associated
parking within the approved residential multi -family development, consisting of two (2)
buildings, from fifteen (15) to twenty-one (21) units. The subject 2.97 acres is located on
the east side of State Road North A-1-A on North Hutchinson Island. The Future Land
Use is RH (Residential, High — 15 du/ac) and the Zoning District is HIRD (Hutchinson
Island Residential District).
2. On September 3, 2020, the Planning & Development Servies Director granted PDS Order
2020-057 a development order extension due to the threat of COVID-19 Executive Orders
20-52, 20-114, and 20-166.
3. On September 4, 2020, the Governor issued Executive Order (EO) 20-213 for 60 days
due to the threat of COVID-19 to the State of Florida. The Governor further extended this
Order through Executive Order 20-276 on November 3, 2020, 20-316 on December 29,
2020, 21-45 on February 26, 2021, and 21-94 on April 27, 2021, due to the ongoing
COVID-19 pandemic. The eligible tolling period for this emergency declaration is 300
days.
4. Florida Statutes 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.
5. Florida Statutes Section 252.363 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 July 28, 2021.
6. 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 PDS Order 2021-048. Further analysis is found in the memorandum
titled Cristelle Cay Condominium Minor Site Plan Executive Order Extension, dated
September 14, 2021.
MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4929047 09/27/2021 09:52:42 AM
OR BOOK 4691 PAGE 2125 - 2129 Doc Type: ORD
RECORDING: $44.00
File No.: EDO-8202126109 der 2021-048
Page 1
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director:
A. Pursuant to Florida Statutes Section 252.363, the Minor Site Plan approval for the project
known as Cristelle Cay has been found eligible for this statutory extension. The approval
under PDS Order 2020-057, is further extended from its last scheduled expiration date of
August 12, 2021, and shall now expire June 8, 2022, for the property described in Part B,
is hereby approved with the following conditions:
Plannina & Development Services Department - Planning Division
1. Prior to the issuance of a Building Permit for the project, the applicant shall provide
documentation of authorization and/or a Revocable License Agreement with the Florida
Department of Transportation (FDOT) for the placement of required landscaping within
their right-of-way.
2. The provided handicap spaces shall be provided with an unencumbered aisle to
appropriate entrances, from the provided parking spaces.
3. Prior to the issuance of a Building Permit for the project, the applicant shall incorporate a
sidewalk along the western property line, or provide payment in -lieu of construction, in
accordance with LDC Section 7.05.04 A. 4. h. If the fees are not used to design, acquire
needed right-of-way or construct sidewalks within ten (10) years from the date of payment,
the developer may request a refund.
4. The applicant shall integrate traffic control visibility and caution devices such as mirrors,
signs, and striping adjacent to and within the first -floor parking areas to support pedestrian
safety.
St. Lucie County Erosion District
5. Prior to issuance of a building permit, the Preserve Area Monitoring and Management
Plan shall identify and delineate an Emergency Beach and Dune Maintenance and
Restoration Access as required.
6. Prior to issuance of a building permit, the Emergency Beach and Dune Maintenance and
Restoration Access is demonstrated within the Site, Environmental, Paving, Grading and
Drainage, and Landscape Plans as a required element.
7. Prior to issuance of a building permit, the Landscape Plan shall be revised to remove any
non -herbaceous, woody plants from within the 20' Emergency Beach and Dune
Maintenance and Restoration Access.
8. Prior to the issuance of a building permit, the following language will be included in the
revised PAMMP; This PAMMP also recognizes a dedicated 20' wide beach and dune
access area across the site as depicted in Figure ? to be maintained by the HOA for future
necessary beach and dune maintenance and/or restoration. This 20' access path shall be
planted in herbaceous native plant material only and maintained with herbaceous non -
woody native plants in perpetuity.
Environmental Resources Department
9. Prior to the issuance of a Vegetation Removal Permit for the project, the developer shall
provide a Preserve Area Monitoring and Maintenance Plan reflecting changes in the site
File No.: EDO-8202126109
PDS Order 2021-048
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plan. [Comprehensive Plan Policy 6.1.8.10]. This plan shall include a dune revegetation
plan, a schedule of maintenance and monitoring events, and who is responsible for the
maintenance of the Dune Preservation Zone [Land Development Code 6.02.015].
10. Prior to the issuance of a Vegetation Removal Permit the developer shall provide ERD
with a License Agreement indicating the ability to install landscaping within the Florida
Department of Transportation (FDOT) ROW.
11. 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.
12. 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.
13. Prior to the issuance of a Certificate of Occupancy, informational sea turtle signage shall
be installed on the dune crossover.
14. Prior to issuance of a Certificate of Occupancy for the first building permit, all invasive
vegetation shall be removed from the site [Land Development Code Section 7.09.05].
15. Prior to issuance of a Vegetation Removal Permit, the applicant shall provide a
mechanism for perpetual financial responsibility for future dune maintenance.
16. The applicant acknowledges this property is located within the CBRA zone designation.
17. 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.
18. All other applicable state or federal permits must be obtained before commencement of
the development.
Public Works Department - Engineering Division
19. The proposed trees along the property frontage shall be installed with a root barrier
system to protect the adjacent exfiltration trench(es).
20. The two-way drive aisles abutting ninety (90) degree parking spaces shall be amended to
reflect a width of twenty-six (26) feet, exclusive of all curbing. The applicant may transition
the Miami curb or shift the abutting parking stalls two (2) feet to the east in order to meet
this dimensional requirement.
File No.: EDO-8202126109
PDS Order2021-048
Page 3
B. The property on which this statutory extension is being granted is described as follows:
The South 150 feet of the North '/2 and the North 50 feet of the South % of Section
14, Township 34 South, Range 40 East, lying East of State Road A-1-A; and the
South 200 feet of the North 250 feet of the South '/2 of Section 14, Township 34
South, Range 40 East, lying East of State Road A-1-A, said lands situate, lying and
being in St. Lucie County, Florida.
Also described as:
The South 150 feet of Government Lot 1 and the North 50 feet of Government Lot 2
and the South 200 feet of the North 250 feet of Government Lot 2, all lying East of
State Road A-1-A and lying in Section 14, Township 34 South, Range 40 East, said
lands situate, lying and being in St. Lucie County, Florida.
Subject to a conservation easement recorded in ORB 2558 Page 2025, public
records of St. Lucie County, Florida.
Parcel ID#s: 1414-310-0001-000/3 & 1414-230-0009-000/4
Location: East side of North SR A-1-A, approximately X miles south of the
Breakers Condominiums on North Hutchinson Island.
C. This Minor Site Plan statutory extension approval shall expire on June 8, 2022, 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 PartA 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.
File No.: EDO-8202126109
PDS Order 2021-048
Page 4
G. This Order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the day of ��A 2021.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY
Leslie Olson, AICP, Director
APPROVED AS TO FORM
AND CORR NESS `
County A
Fife No.: EDO-8202126109
PDS Order 2021-048
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