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HomeMy WebLinkAbout24-003 PDS ORDER 2024-003 File No. EDO-2312000035 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY FLORIDA STATUTES SECTION 252.363 TO THE PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS COCONUT COVE AKA SEAGROVE PUD. WHEREAS, the Planning and Development Services Director has reviewed the request for development order extension timely submitted and in accordance with the provisions of Section 252. 363, Florida Statues on behalf of Lennar Homes, LLC, and has made the following determinations: 1. On July 12, 2005, the Board approved Resolution 05-144, granting a change in zol from the RM-5 (Residential, Multi-family-5du/ac), RS-2 (Residential, Estate-2 du/ac), R/C (Recreational/Conservation-1du/ac) Zoning Districts to the PUD (Planned Development) Zoning District, and associated Final Site Plan, for the project knowi 8 Coconut Cove PUD. 0 o 2. On September 9, 2005, the County Planning & Development Services Director gra a Certificate of Capacity No. 2179, certifying concurrency for the approved project inclu LL N o public facility capacity to maintain the standards for levels of service for the project. ° a g o , 3. March 1, 2022, the Board of County Commissioners held a duly noticed public heE 1.r R and approved Resolution 2022-041 granting a Major Adjustment to the previc W Z a approved Coconut Cove (Seagrove) PUD Final Site Plan to reduce the numb€ residential dwelling units from 950 (110 single-family units, 200 townhouse units, and W (9 mid-rise condominium units) to 655 (349 single-family units and 306 townhouse ur W 3 G3 o p modify the architectural plans and building typologies, adjust internal street circula a J increase community amenities, eliminate a boat/RV storage area, and provide c 2 ul t/°c miscellaneous design adjustments. 4. On February 2, 2023, the Planning and Development Services Director through PDS Order 2023-010, granted approval for a Minor Adjustment to the Coconut Cove (AKA Seagrove) PUD Final Site Plan to update the community's name, address minor changes to the proposed stormwater management system, specify allowances for a previously- approved architectural model, correct a scrivener's error in site data and identify future Commercial Outparcels along US Highway 1 for platting purposes. 5. On February 5, 2024, the Planning and Development Services Director through PDS Order 2024-007 granted approval to the Final Site Plan for the Seagrove PUD, Overall Site Plan, and to Seagrove (FKA Coconut Cove) PUD Phase 1 Site Plan to include a Model Row Plan depicting the model homes, landscaping and temporary parking lot on File No.: EDO-2312000035 PDS 2024-003 Page 1 lots 44 through 48, make a revision to the approved architectural elevations, and, incorporate revised Site Plan notes to expressly provide that mirrored floor plan and elevations as permitted. 6. 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. 7. 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. 8. 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. 9. On December 26, 2023, Gunster, Yoakley & Stewart, P.A. representing Lennar Homes, LLC, filed a request to toll and extend the termination date for the Coconut Cove (Seagrove) PUD pursuant to Subsection 252.363, F.S., Executive Orders 24-36 and 24- 32. 10. 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. 11. The applicant hereby elects to extend the timetable for development of the Coconut Cove AKA Seagrove PUD the maximum allowed timeframe forty-eight (48) months under Florida Statute 252.363. File No.: EDO-2312000035 PDS 2024-003 Page 2 12. 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 December 22, 2023. 13. Planning Staff performed an analysis of the project and determined that the extension is consistent with all the original St. Lucie County Development Orders granting extensions depicted on the attached Exhibit A. The analysis found in the memorandum titled Coconut Cove (aka Seagrove) PUD Executive Order Extension (EDO-2312-000035), dated July 30, 2024. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act, the Planned Unit Development (PUD) approval for the project known as Coconut Cove (aka Seagrove) PUD has been found to be eligible for an extension. The approval granted under Res No. 2022-41 is extended from its last scheduled dates of expiration and outlined below for the property described in Part B, and shall comply with all conditions of approval as previously recorded in Resolution 2022-041. - The authorizations granted by the Certificate of Capacity, included as Paragraph "C" of PDS Order 2024-007, is extended from February 5, 2026, to February 5, 2030. - The timetable to obtain completion of the final stage or phase is extended from October 4, 2034, to October 4, 2038. B. The property on which this statutory extension is being granted is described as follows: LEGAL DESCRIPTION: LEGAL DESCRIPTION DEVELOPMENT TRACTS EAST OF FLORIDA EAST COAST RAILROAD: BEING A PORTION OF SECTIONS 5 AND 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST '/4 CORNER OF SAID SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST; THENCE, SOUTH 89° 43' 26" EAST, A DISTANCE OF 2929.78 FEET; THENCE, SOUTH 13° 38' 48" EAST, A DISTANCE OF 106.88 FEET; THENCE, SOUTH 28° 11' 36" EAST, A DISTANCE OF 99.05 FEET; THENCE, SOUTH 39° 00' 39" EAST, A DISTANCE OF 109.65 FEET; THENCE, SOUTH 30° 36' 52" EAST, A DISTANCE OF 42.81 FEET; THENCE, SOUTH 16° 03' 31" EAST, A DISTANCE OF 37.64 FEET; THENCE, SOUTH 04° 52' 54" WEST, A DISTANCE OF 52.96 FEET; THENCE, SOUTH 05° 09' 08" EAST, A DISTANCE OF 89.36 FEET; THENCE, SOUTH File No.: EDO-2312000035 PDS 2024-003 Page 3 30° 14' 48" EAST, A DISTANCE OF 97.13 FEET; THENCE, SOUTH 08° 45' 39" WEST, A DISTANCE OF 23.53 FEET; THENCE, SOUTH 15° 24' 20" WEST, A DISTANCE OF 130.19 FEET; THENCE, SOUTH 10° 53' 09" EAST, A DISTANCE OF 183.85 FEET; THENCE, SOUTH 02° 55' 35" EAST, A DISTANCE OF 80.55 FEET; THENCE, SOUTH 30° 18' 57" EAST, A DISTANCE OF 189.71 FEET; THENCE, SOUTH 13° 38' 24" EAST, A DISTANCE OF 208.13 FEET; THENCE, SOUTH 05° 54' 30" WEST, A DISTANCE OF 96.83 FEET; THENCE, SOUTH 39° 04' 25" WEST, A DISTANCE OF 237.49 FEET; THENCE, SOUTH 25° 24' 18"WEST, A DISTANCE OF 143.14 FEET; THENCE, SOUTH 00° 28' 01" WEST, A DISTANCE OF 65.02 FEET; THENCE, SOUTH 11° 17' 24" EAST, A DISTANCE OF 183.91 FEET; THENCE, SOUTH 42° 35' 16" EAST, A DISTANCE OF 104.64 FEET; THENCE, SOUTH 56° 49' 49" EAST, A DISTANCE OF 131.92 FEET; THENCE, NORTH 89° 27' 53" EAST, A DISTANCE OF 123.46 FEET; THENCE, SOUTH 66° 40' 21" EAST, A DISTANCE OF 25.96 FEET; THENCE, SOUTH 53° 45' 31" EAST, A DISTANCE OF 55.13 FEET; THENCE, SOUTH 51° 50' 31" EAST, A DISTANCE OF 129.36 FEET; THENCE, SOUTH 31° 41' 13" EAST, A DISTANCE OF 273.46 FEET; THENCE, SOUTH 61° 20' 45" EAST, A DISTANCE OF 128.63 FEET; THENCE, SOUTH 20° 59' 48" EAST, A DISTANCE OF 107.41 FEET; THENCE, SOUTH 38° 57' 04" EAST, A DISTANCE OF 75.81 FEET; THENCE, SOUTH 18° 52' 40" EAST, A DISTANCE OF 40.90 FEET; THENCE, SOUTH 11° 52' 38" EAST, A DISTANCE OF 63.26 FEET; THENCE, SOUTH 06° 15' 44" WEST, A DISTANCE OF 95.50 FEET; THENCE, SOUTH 10° 53' 37" EAST, A DISTANCE OF 86.12 FEET; THENCE, SOUTH 17° 37' 01" EAST, A DISTANCE OF 231.03 FEET; THENCE, SOUTH 14° 28' 23" EAST, A DISTANCE OF 100.81 FEET; THENCE, NORTH 89° 51' 09" WEST, A DISTANCE OF 1358.72 FEET; THENCE, NORTH 00° 42' 15" EAST, A DISTANCE OF 60.00 FEET; THENCE, NORTH 89° 51' 09"WEST, A DISTANCE OF 2320.85 FEET; THENCE NORTH 19° 32' 45"WEST A DISTANCE OF 3475.95 FEET; THENCE, SOUTH 89° 49' 18" EAST, A DISTANCE OF 781.79 FEET TO THE POINT OF BEGINNING. LEGAL DESCRIPTION TRACT HOPPER-1, TRACT HOPPER-2 AND TRACT R: BEING A PORTION OF SECTIONS 5 AND 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY OF U.S. HIGHWAY NO. 1 (STATE ROAD NO. 5) AND THE NORTH LINE OF THE SOUTHEAST '/4 OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST; THENCE SOUTH 89°44'41" EAST, A DISTANCE OF 972.97 FEET; THENCE SOUTH 20°56'02" EAST, A DISTANCE OF 11.85 FEET; THENCE SOUTH 17°39'23" EAST, A DISTANCE OF 535.12 FEET; THENCE NORTH 89°44'41" WEST, A DISTANCE OF 379.62 FEET; THENCE NORTH 00°15'19" EAST, A DISTANCE OF 48.57 FEET; THENCE NORTH 72°52'26" WEST, A DISTANCE OF 147.84 FEET; THENCE NORTH 60°21'53" WEST, A DISTANCE OF 19.26 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 450.00 FEET, AND A CENTRAL ANGLE OF 25°34'10"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 200.82 FEET; THENCE SOUTH 10°26'43" WEST, A DISTANCE OF 160.34 FEET; File No.: EDO-2312000035 PDS 2024-003 Page 4 THENCE SOUTH 89°44'41" EAST, A DISTANCE OF 100.50 FEET; THENCE SOUTH 18°40'57" EAST, A DISTANCE OF 225.00 FEET; THENCE NORTH 89°44'41" WEST, A DISTANCE OF 306.71 FEET; THENCE NORTH 18°40'57" WEST, A DISTANCE OF 775.00 FEET TO THE POINT OF BEGINNING. LEGAL DESCRIPTION TRACT C: BEING A PORTION OF SECTIONS 5 AND 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST; THENCE NORTH 89°49'34" WEST, A DISTANCE OF 17.68 FEET; THENCE NORTH 17°39'38" WEST, A DISTANCE OF 11.73 FEET; THENCE NORTH 21°14'27" WEST, A DISTANCE OF 1538.38 FEET; THENCE NORTH 15°39'50" WEST, A DISTANCE OF 413.74 FEET; THENCE SOUTH 89°59'35" EAST, A DISTANCE OF 73.33 FEET; THENCE SOUTH 19°32'45" EAST, A DISTANCE OF 2509.28 FEET; THENCE NORTH 89°44'41" WEST, A DISTANCE OF 74.43 FEET; THENCE NORTH 17°39'23" WEST, A DISTANCE OF 486.87 FEET; THENCE NORTH 00°28'12" EAST, A DISTANCE OF 56.96 FEET TO THE POINT OF BEGINNING. Parcel Identification Number(s): 1405-100-0000-000-3, 1405-210-0000-000-1, 1405-230-0000-000-3, 1405-320-0001-000-6, 1405-422-0000-000-2, 1406-111-0000-000-0, 1406-113-0001-000-3, 1406-114-0001-000-6, 1406-141-0001-000-0, 1406-144-0000-000-2, 1406-144-0002-000-6, 1405-320-0005-000-4, 1405-320-0002-000-3 & 1406-411-0004-0009 (Added for Inclusion in Plat) Location: TBD — located on the east and west side of Old Dixie at the Indian River County line, in St. Lucie County, Florida. C. The approvals and authorizations granted by this statutory extension shall expire as set forth in Part A of this Order, unless a building permit has been issued or an extension has been granted in accordance with Section 11.02.06, Land Development Code. D. The conditions set forth in Part A are an integral non severable part of the site plan approval 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 Order 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. File No.: EDO-2312000035 PDS 2024-003 Page 5 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 the 20 day of TO 11 2024. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, F A BY Be in Balcer, A CP APPROVED AS TO FORM AND CORR TNESS: Coun Attorney File No.: EDO-2312000035 PDS 2024-003 Page 6 EXHIBIT—A Coconut Cove (aka Seagrove) PUD The following table provides a historic timeline of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 07/12/2005 Resolution Board of County 07/12/2007 Major Site Plan No. 05-044 Commissioners Approval 09/09/2005 Resolution GM Director 09/09/2006 Certificate of No. 05-144 Capacity No. 2179 Final PUD Approval 03/01/2022 Resolution Board of County 03/01/2024 Major Adjustment No. 22-041 Commissioners PUD Final Site Plan 03/01/2022 PDS Order PDS Director 03/01/2024 Minor Adjustment No. 23-010 PUD Final Site Plan 06/06/2023 PB/PG Board of County (Recorded) Tract and Phase 1 121/14 Commissioners 1/18/2024 Plat Approval 02/05/2024 PDS Order PDS Director 02/05/2026 Minor Adjustment to No. 2024-007 the Final Site Plan Overall Site Plan & PUD Phase 1 Site Plan • File No.: EDO-2312000035 PDS 2024-003 Page 7