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Home My WebLink About24-029 PDS ORDER 2024-029 File No. EDO-2403000038 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE APPROVED CATEGORY I WETLAND WAIVER PER COMPREHENSIVE PLAN POLICY 6.1.14.3 FOR THE PROJECT KNOWN AS BROCK MASON SINGLE-FAMILY RESIDENCE (PARCEL ID 1423-120-0020-000-7), NORTH HUTCHINSON ISLAND, IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a development order extension timely submitted by Brent Montgomery Environmental Consulting, LLC, and has made the following determinations: 1. On April 4, 2023,The Board of County Commissioners granted approval through Resolution No. 2023-36 for a waiver from the Comprehensive Plan Policy 6.1.14.3 to allow direct impact of 0.09 acres (3,947 square feet) of Category I wetlands and 0.008 acres (363 square feet)of the associated required 50ft. upland buffer(which totals 0.098 acres)for the development of a single-family residence and associated improvements in the RS- 4 (Residential, Single-Family) Zoning District for the property located on N Highway A1A, North Hutchinson Island, in St. Lucie County, Florida. 2. On September 23, 2022, Governor DeSantis issued Executive Order Number 22-218 declaring a state of emergency for certain counties in the State of Florida, including St. Lucie County, as a result of the threat of Tropical Storm Nine. This emergency declaration was effective on September 23,2022, and would have expired, 60 days later, on November 22, 2022. The Governor also issued Executive Order 22-219 on September 24, 2022, expanding the state of emergency to cover the entire State of Florida. 3. On November 7, 2022, Governor DeSantis issued Executive Order 22-253 declaring a state of emergency for certain counties in the State of Florida, including St. Lucie County, as a result of the impending Subtropical Storm Nicole. This emergency declaration was effective on November 7, 2022, and would have expired 60 days later, on January 6, 2023. However, subsequent executive orders have continued to extend Executive Order 22-253, specifically extending orders 23-02, 23-48, 23-87, 23-133, 23-170, 23-211 and 24-32. 4. On November 21, 2022, Governor DeSantis issued Executive Order 22-268 extending the state of emergency declared in previously issued executive orders 22-218, and 22-219.The extension of the state of emergency was necessitated by the continued recovery efforts and the continued recovery of affected people hit by Hurricane Ian, which still required the support of the State of Florida. This emergency declaration was effective on November 21, 2022, and would have expired, 60 days later, on January 20, 2023. However, subsequent executive orders have continued to extend executive orders 22-218 and 22-219, specifically extending orders 22-268, 23-21, 23-60, 23-104, 23-139, 23-176, 23-214, 24-02 and 24-36. File No.: EDO-2403000038 DDS 2024-029 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY Page: 1 FILE# 5341838 05/23/2024 02:24:58 PM a ORD OR BOOK 5153 PAGE 2941-2945 Doc Type- RECORDING: $44.00 5. On March 15, 2024, Brent Montgomery Environmental Consulting, LLC, representing the property owner, filled a request to toll and extend the termination date for the property known as "Proposed Mason Residence at Ft. Pierce North Hutchinson Island, St Lucie County,"pursuant to Executive Orders 22-218, (Hurricane lan)and Executive Order 22-253 for(Hurricane Nicole). Subsequent executive orders continued to extend EO 22-218 and EO 22-253 through EO 24-36 and 24-32. 6. Senate Bill 250, approved by the Governor on June 28, 2023, and effective July 1, 2023, amends Section 252.363(1)(a) Florida Statutes, increasing the extension of the expiration dates for such permits or other authorizations from six (6) months to twenty-four (24) months per state of emergency(plus the duration of the emergency declaration), but limiting the extended period under overlapping states of emergency to forty-eight (48) months. When combined,they supersede the maximum allowable forty-eight(48) months by Statute. 7. Section 252.363 Florida Statutes 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 March 15, 2024, which is within the time frame established by the Statute. 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 A. Further analysis is found in the memorandum titled "Brock Mason Single-Family Residence-Executive Order Extension(EDO-2403000038)for a Cat 1 Wetland Waiver(WTLW-2207000019),"dated May 20, 2024. 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 Category I Wetland Waiver approval for the project known as Proposed Mason Residence at Ft. Pierce North Hutchinson Island, St Lucie County, has been found to be eligible for a statutory extension. The approval granted under Resolution No. 2023-036 is extended from its last scheduled date of expiration, April 4, 2024, and now shall expire April 4, 2028, for the property described in Part B, is retaining the following conditions: 1) The current and future owners and their heirs/assigns agree to participate and shall be a " yes" vote in any lawfully established MSTU, MSBU or other special assessment district created for the purpose of providing wastewater system on North Hutchinson Island. 2) The current and future owners and their heirs/ assigns agree to connect to a governmental or governmentally approved and certificated central wastewater collection system ("system")within 90 days after notification by mail or by publication that such a system' s collection lines, force mains or lift stations have been installed immediately adjoining or across an easement which abuts the property served by the on-site sewage disposal system or is within 200 feet of the property. File No.: EDO-2403000038 PDS 2024-029 Page: 2 3) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00,the developer shall provide an executed Conservation Easement and approved Preserve Area Monitoring and Management Plan (PAMMP)as applicable with an attached affidavit and cashier' s check (payable to the Clerk of the Court for recording fees) to the County Attorney. The applicant shall also provide a GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. 4) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, 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. 5) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, documentation reflecting the utilization of a higher functioning wastewater disposal system such as a municipal sewer system for the proposed residence shall be provided. 6) Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 7) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be eradicated from the site. 8) 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, federal agency or any other County approvals 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. 9) 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: 23 34 40 FROM INT OF W RNV LI OFA1A AND N LI OF N 100 FT OF S 1700FT OF GOV LOT 1 RUN S 89 DEG 49 MIN W ALG SD N LI 850 FT FOR POB, TH CONT WLY 100 FT, TH S 80 FT, TH ELY 100 FT, TH N 80 FT TO POB (TRACT J) C. This Category I Wetland Waiver statutory extension approval shall expire on April 4,2028, File No.: EDO-2403000038 PDS 2024-029 Page: 3 unless a 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 wetland waiver 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 Order shall become null and void. E. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning and Development Services Department. This order shall be recorded in Public Records of St. Lucie County. ORDER effective this�day of 7441 , 2024. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Benjamin Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney File No.: EDO-2403000038 PDS 2024-029 Page:4 EXHIBIT - A Proposed Mason Residence at Ft. Pierce North Hutchinson Island, St Lucie County The following table provides a historic timeline of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 04/04/2023 Resolution No. The Board of County 04/04/2024 Granted Category I 2023-036 Commissioners Wetland Waiver Approval File No.: EDO-2403000038 PDS 2024-029 Page: 5