HomeMy WebLinkAboutPDS-23-017 - Sanctuary Cove PUD PDS ORDER 2023-017
FILE NO.: EDO-2211000018
AN ORDER GRANTING THE STATUTORY EXTENSION PROVIDED BY
FLORIDA STATUTES SECTION 252.363 TO THE APPROVED
PRELIMINARY PLANNED UNIT DEVELOPMENT FOR THE PROJECT
KNOWN AS SANCTUARY COVE PUD.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for an extension timely submitted by J. Wesley Mills P.E., of Mills, Short & Associates,
representing the property owner(s) and made the following determinations:
1. On April 2, 2019, the Board of County Commissioners approved Resolution 2019-060 which
granted a Preliminary PUD Site Plan for a residential project known as Sanctuary Cove after
holding a public hearing with notice of such hearing being published in the St. Lucie News
Tribune at least 10 days prior to the hearing and notifying by mail all owners of property
within 500 feet of the subject property at least 10 days prior to the hearing.
2. Resolution 2019-060 provided for an expiration date of April 2, 2021, however the County
Administrator issued Order 20-005 which provided a tolling opportunity for active
development orders relating the COVID-19 Pandemic. The owner requested and received
authorization to toll the project expiration date to January 8, 2022.
3. On January 11, 2022, the Board of County Commissioners granted a 12-month extension
to the sanctuary cove Preliminary PUD Site Plan through Resolution 2022-022 which
resulted in a new expiration date of January 8, 2023, as the COVID-19 Pandemic presented
difficult circumstances in completing a Final PUD Site Plan within the proved timeline.
4. On September 24, 2022, the Governor issued Executive Order (EO) 22-219 declaring a
State of Emergency in the State of Florida due to the threat of Hurricane Ian. Executive
Order 22-219 amended Executive Order 22-218 to upgrade the State of Emergency
Declaration to encompAss the entire state of Florida.
5. On November 21, 2022, Executive Order (EO) 22-268 was issued due to ongoing recovery
efforts and those affected by this disaster required the continued support of the state of
Florida. The state of emergency and all provisions of Executive Order (EO) 22-218 as
amended by 22-219 are renewed for sixty (60) days following the Executive Order to take
immediate effect.
6. 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 sixty (60) days plus six (6) months.
7. Section 252.363, Florida Statutes requires that a specific written notice be filed with the
File No.: EDO-2211000018 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT PDS 2023-017
SAINT LUCIE COUNTY Page 1
FILE# 5173248 03/30/2023 09:59:52 AM 9
OR BOOK 4969 PAGE 534-540 Doc Type:ORD
RECORDING: $61.00
issuing authority within ninety (90) days after the termination of the Declaration of
Emergency. The applicant applied for this extension on November 29, 2022.
8. 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 B. Further analysis is found in the memorandum titled
"Sanctuary Cove PUD (Planned Unit Development) &Preliminary Site Plan Executive Order
Extension,"dated March 21, 2023.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Development Services Director of St.
Lucie County, Florida:
A. Pursuant to Sections 11.02.06 A. 2. of the St. Lucie County Land Development
Code, the Planned Unit Development Preliminary Site Plan approval for the project
known as Sanctuary Cove PUD has been found eligible for this extension. The
approval granted under Resolution No. 2019-060 is approved for extension from its
last scheduled expiration date of January 8, 2023, and shall now expire September
19, 2023, and will remain as shown on the site plan drawings prepared by Boggs
Planning & Landscape Architecture, dated January 7, 2019, and date stamped
received by the St. Lucie County Planning and Development Services Department
on January 7, 2019, and is described as follows:
Legal Description:
PARCEL ONE: ALL OF THE SOUTH 445 FEET OF FRACTIONAL SECTION
16, TOWNSHIP 34 SOUTH, RANGE 40 EAST LESS AND EXCEPT, HOWEVER,
THE FOLLOWING: (1) THE SOUTH 50 FEET OF THE ABOVE FRACTIONAL
SECTION 16-34-40; (2) THE NORTH 100 FEET OF THE SOUTH 150 FEET OF
THE WEST 325 FEET OF FRACTIONAL SECTION 16-34-40; AND (3) THE
NORTH 160 FEET OF THE SOUTH 210 FEET OF THE EAST 272.25 FEET OF
THE WEST 597.25 FEET OF SAID FRACTIONAL SECTION 16-34-40, SAID LAND
LYING AND BEING IN SAINT LUCIE COUNTY, FLORIDA.
PARCEL TWO: THE NORTH 160 FEET OF THE SOUTH 210 FEET OF THE EAST
272.25 FEET OF THE WEST 597.25 FEET OF THE SOUTH 445 FEET OF
GOVERNMENT LOT 3, SECTION 16, TOWNSHIP 34 SOUTH, RANGE 40 EAST,
ALL LYING AND BEING IN SAINT LUCIE COUNTY, FLORIDA.
Parcel ID Number(s): 1416-333-0001-000/0 & 1416-333-0003-000/4
The Preliminary PUD Site Plan remains subject to the following conditions:
File No.: EDO-2211000018 PDS 2023-017
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Planning and Development Services Department — Planning Division
1. The Final PUD Site Plan shall provide required parking for Single-family lots
exclusive of garages.
2. The Final PUD Landscape Plan shall display the proposed "planting of oak trees
along sidewalk at property corners and every 7Oft. for aesthetics and shade along
Rouse Road" as highlighted in the applicant's Planning objectives.
3. The Final PUD Site Plan application shall include a Phase 1 Archaeological Survey,
as the site is located within the Indian River Lagoon Archeological zone requiring
evaluation.
4. The Final PUD Site Plan application shall include conceptual design drawings of all
multi-family and nonresidential buildings to be erected within the development.
5. Prior to Final PUD Site Plan approval, the developer shall provide applicable design
standards that will be utilized to guide the appearance of the planned development.
6. The Final PUD Site Plan shall include any intended dimensional standards for
construction of walkways, patios, front porches, or similar accessory structures
within the single-family lots.
7. The Final PUD Site Plan shall detail any intended maximum fence height and/or
material standards, if alternative to LDC Section 8.00.04 - Fences, Walls, and
Hedges.
8. The Final PUD Plan shall provide a three (3) foot minimum interior setback for rear
patios within Lot Type "C" to minimize displacement of storm water to abutting lots.
9. The Final PUD Plan shall provide an opaque fence material along the west
boundaries of the proposed boat storage yard and pool/cabana.
10.The Final PUD Plan shall include typical detail of the proposed boardwalk, dock, and
moorage facilities.
11.The Final PUD Site Plan shall provide refuse collection detail for common
recreational areas and amenities.
12.The Final PUD Site Plan shall provide detail of typical lighting fixtures for streets and
pedestrian walkways, avoiding spill-over to adjacent residences.
File No.: EDO-2211000018 PDS 2023-017
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13.The Final PUD Site Plan shall include appropriate crosswalks and/or pedestrian
links at the intersection of Monarch Lane and River Park and the west bend of
Monarch Lane.
14.The Final PUD Site Plan shall incorporate appropriate T or Y turn-arounds for
Fire/EMT vehicles and/or Solid Waste Collection Trucks where necessary.
15.The Final PUD Plan shall denote location of proposed fire main lines for sprinkler
requirements of the townhomes and fire hydrant Locations.
16.The Final PUD Site Plan shall include the removal of unused driveways and
associated restoration of the right-of-way along Rouse Road.
17. Prior to Final PUD Site Plan approval, the developer shall submit a preliminary
record plat in accordance with Section 11.03.02 of this Code, including copies of all
internal homeowners or property owners' association documentation describing the
responsibilities of the property purchasers.
18.The Final PUD Plan shall include a transition plan from an on-site potable water
system to connection to centralized water service from St. Lucie County Utilities,
upon availability of service.
19.Prior to the issuance of building permits for more than 40% (or 24 dwelling units) of
residential construction with the PUD, the common recreation facilities planned to
serve the development shall be completed.
Environmental Resources Department
20.Prior to issuance of a Certificate of Occupancy of the first residential unit, all
Category I listed invasive species shall be eradicated from the site.
21.Prior to issuance of a Vegetation Removal Permit/Exemption or plat approval,
whichever occurs first, the applicant shall provide a Conservation Easement over
the onsite wetland and associated buffer and 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 georeferenced CAD or
shapefile of the conservation easement boundaries to St. Lucie County. A copy of
a standard Conservation Easement may be obtained by contacting the
Environmental Resources Department at 772-462-2526.
File No.: EDO-2211000018 PDS 2023-017
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22.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.
23.All other applicable state or federal permits must be obtained before commencement
of the development.
B. The Preliminary PUD Site Plan approval extended by this Resolution shall expire on
September 19, 2023, unless Final PUD Site Plan approval is obtained or an
extension is granted in accordance with applicable Florida Statutes.
C. The developer is advised as part of the previous Preliminary PUD Site Plan approval,
including any successors in interest, that the developer shall obtain all applicable
development permits and construction authorizations from the appropriate State and
Federal and local regulatory agencies including, but not limited to, the United States
Army Corps of Engineers, the Florida Department of Environmental Protection, and
South Florida Water Management District, and the St. Lucie County Environmental
Resources and Building Departments prior to the commencement of any
development activities on the property described in Part "A". Issuance of this permit
by the County does not in any way create any rights on the part of the developer to
obtain a permit from a state or federal agency and does not create any liability on
the part of the County for issuance of this permit if the developer fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertake actions that may result in a violation of state or federal law.
D. The conditions set forth in Part "A" are an integral non-severable part of the
preliminary site plan extended granted by this Resolution. If any condition in Part
"A" is determined to be invalid or unenforceable for any reason and the developer
declines to comply voluntarily with that condition, the Preliminary PUD Site Plan
approval extended by this resolution shall become null and void.
E. The Preliminary PUD Site Plan petition included a request for an Amendment to the
Official Zoning Atlas to change the zoning from the from RMH-5 (Residential, Mobile
Home — 5) & RS-2 (Residential, Single-Family — 2) to PUD (Planned Unit
Development — Sanctuary Cove) Zoning District; however, that will not be effective
until such time as the property owner petitions for Final Planned Unit Development
Site Plan approval and rezoning is granted by the Board of County Commissioners.
F. Upon approval of the Final PUD Site Plan, if applicable, the Board of County
Commissioners shall direct the Planning & Development Services Director to amend
File No.: EDO-2211000018 PDS 2023-017
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the Official Zoning Atlas to reflect PUD (Planned Unit Development) Zoning for the
approved development.
G. This Order shall be recorded in the Public Records.
H. A recorded copy of this Order shall be placed on file with the St. Lucie County
Planning & Development Services Department Director.
This ORDER is effective the ZI S�'day of 44'6k 2023.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY 7 rW'1'5�
Benjamin Balcer, AICP, PDS Director
APPROVVIP AS TO FOEM
AND C R ./
County A orney
File No.: EDO-2211000018 PDS 2023-017
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EXHIBIT — B
SANCTUARY COVE PLANNED UNIT DEVELOPMENT
Date Approval Approval Granted Expiration Comments
Date
04/02/2019 Res. No. Board of County 01/08/2022 Granted approval for PUD
2019-060 Commissioners & Preliminary Site Plan
03/17/2020 Ord. No St. Lucie County 12/31/2020 COVID-19 Tolling
20-005 Administrator Rescinded Permitting Timeframes
01/11/2022 Res. No Board of County 01/08/2023 12-month extension
2022-022 Commissioners request granted due to
COVID-19 Pandemic
File No.: EDO-2211000018 PDS 2023-017
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