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Home My WebLink AboutPDS-22-050 - Hutchinson Sands MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILEN 513186512/13202211A4.44 AM OR BOOK 4926 PAGE 172-179 Doc Type_ORD RECORDING: 669 50 PDS 2022-050 File No. EDO 2211000015 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: 1. 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 February 1, 2010, the Planning and Development Services Director in accordance with Florida Statutes Community Renewal Act authorized a site plan extension through GM Order 10-007 which expired on March 4, 2012. 3. November 30, 2010, the Planning and Development Services Director in accordance with Senate Bill 1752 authorized a site plan extension through PDS Order 10-022 which expired on March 4, 2014. 4. On March 7, 2014, the Planning and Development Services Director granted a two year Land Development Code administrative extension in accordance with Section 11.02.06(B)(4) that expired on March 4, 2016. 5. On February 2, 2016, the Planning and Development Services Director authorized a site plan extension in accordance with Section 252.363 Florida Statues Executive Order(EO) No. 15-173 extending the expiration date to November 4, 2014. 6. On February 24, 2016, the Board of Adjustment granted a variance to increase the building height for the four (4) condominium buildings from 35 feet to 42 feet through BOA Resolution No. 16-004. 7. On May 16, 2016, the Planning and Development Services Director authorized a site plan extension in accordance with Section 252.363 Florida Statute Executive Order(EO) 16-59 through PDS Order 16-027 with an expiration date of July 3, 2017. 8. 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 File No.: EDO-2211000015 PDS 2022-050 Page 1 providing for modifications to density, design, landscaping, land area, building height and parking spaces. 9. On October 21, 2016, the Planning and Development Services Director authorized a site plan extension in accordance with Section 252.363 Florida Executive Order (EO) 16-204 through PDS Order 16-044 with an expiration date of April 30, 2018. 10. On February 3, 2017 the Planning and Development Services Director authorized a site plan extension in accordance with Section 252.353 Florida Executive Order 16-230 through PDS Order 17-009 with an expiration date of December 18, 2018. 11. On May 3, 2017, the Governor issued Executive Order 17-146 for a period of sixty (60) days due to an opioid epidemic threat to the State of Florida. The Governor further extended this order ten times by issuing Executive Orders 17-177, 17-230, 17-285, 17-329, 18-47, 18-110, 18-177, 18-235, 18-279 and 18-362 due to the continual opioid epidemic threat to the State of Florida residents. 12. On October 4, 2018, the Governor issued Executive Order 18-275 for a period of sixty (60) days due to the red tide effects on marine life and Florida's beaches. The Governor further extended this order by issuing EO 18-282 due to the ongoing effects of red tide on Florida's beaches. 13. On July 9, 2018, the Governor issued Executive Order 18-191 for a period of sixty (60) days due to the discharge of harmful water from Lake Okeechobee into the Caloosahatchee River, St. Lucie River, the Indian River Lagoon and estuaries. The Governor further extended this order two times by issuing Executive Orders 18-249 and 18-311 due to the ongoing threat of algae blooms. 14. On September 14, 2018, the Governor issued Executive Order 18-253 for a period of sixty (60) days due to the threat of Hurricane Florence to the residents of the State of Florida. 15. On August 28, 2019, the Governor issued Executive Order 19-189 for sixty (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. 16. On September 23, 2022, the Governor issued Executive Order 22-218 for sixty (60) days due to the threat of Tropical Depression Nine to the State of Florida residents. The eligible tolling period for this emergency declaration is six (6) months plus sixty (60) days. 17. 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 (6) months. 18. Section 252.363 Florida Statutes requires that a specific written notice be filed with the File No.: EDO-2211000015 PDS 2022-050 Page: 2 issuing authority within ninety (90) days after the termination of the declaration of emergency. The applicant applied for this extension on November 8, 2022. 19. 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 December 2, 2022. 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. 2020-011 is extended from its last scheduled date of expiration, November 25, 2025, and now shall expire July 26, 2026, 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. Planning 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 for the 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 File No.: EDO-2211000015 PDS 2022-050 Page: 3 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. 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. File No.: EDO-2211000015 PDS 2022-050 Page: 4 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. 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 G IS 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: http://www.stlucieco.gov/pdfs/Conservation_Easement_Form.pdf. B. The property on which this Development Order Extension is being granted is described as foI lows: PnrrPl #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 File No.: EDO-2211000015 PDS 2022-050 Page: 5 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 of State Road A-1-A, thence south 00'08'10" along the easterly line of Section 30, 72 feet to a point of beginning; thence North 80°24'48" West 655 feet, thence South 74°21'36" 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 00'08'10" East along the east line of Section 30, 725 feet to Government Meander Line, thence North 80°24'48" West along the Government Lot Meander Line 655 feet, thence South 74°21'36" 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. PARCEL SURVEYED 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 July 26, 2026, 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 ofthe 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 File No.: EDO-2211000015 PDS 2022-050 Page:6 and Development Services Department. G. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective this Ste' day of DeCC1,V� ei✓ 2022. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY &WCL-L) Mayte San m ria APPROVED AS TO FORM AND CORRECTNESS: 1 File No.: EDO-2211000015 PDS 2022-050 Page:? EXHIBIT - A Hutchison Sands The following table provides a historic timeline 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- 2-Year Site Plan Extension 03/04/2014 Accordance with 022 Senate Bill 1752 03/07/2014 PDS 14- 2-Year Land Development 03/04/2016 Accordance with LDC 011 Code Administrative Section 11.02.06(B)(4) Extension 02/02/2016 PDS 16- EO 15-173 11/04/2016 Threat of Tropical 009 Storm Erika 02/24/2016 Resolution Adjustment to Site Plan BOA variance to 16-004 increase the building height 05/16/2016 PDS 16- EO 16-59 07/03/2017 Lake Okeechobee 027 discharge 06/30/2016 PDS 16- Minor Adjustment to the 07/03/2017 Modifications to site 031 Major Site Plan plan 10/21/2016 PDS 16- EO 16-155 04/30/2018 Increase number of 044 EO 16-204 algae blooms due to discharge of harmful water from Lake Okeechobee 02/03/2017 PDS 17- EO 16-230 12/29/2018 Threat of Hurricane 009 Matthew 09/22/2017 PDS 17- EO 17-120 08/27/2019 Extreme drought 035 conditions and wildfires. 01/18/2018 PDS 18- Executive Orders - 17-204, 03/10/2021 Threat of Tropical 002 17-220, 17-235, 17-287, 17- Storm Emily 330 Threat of Hurricane Irma 02/21/2019 PDS 2019- Executive Orders - 17-259, 11/29/2024 Hurricane Maria 004 17-146, 18-191, 18-253 Opioid Crisis Toxic Algae Red Tide Hurricane Florence 02/04/2020 PDS 2020- Executive Orders (EO) 19- 11/25/2025 Threat of Tropical 011 189, 19-234, and 19-281 Depression Nine File No.: EDO-2211000015 PDS 2022-050 Page: 8