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Home My WebLink About24-066 PDS ORDER 2024-066 File No. EDO-2409000044 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED MINOR SITE PLAN CONSISTING OF 84 MULTI-FAMILY RESIDENTIAL UNITS FOR A PROJECT TO BE KNOWN AS THE SUGAR SANDS APARTMENTS ON A +/- 9.69 ACRE PROPERTY LOCATED 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 Architect Bruce Celenski Inc., on behalf of Anya Group, LLC, and has made the following determinations: 1. 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/Hurricane Ian. 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. However, subsequent executive orders have continued to extend executive orders 22-218 and 22- 219, through Executive Order 24-137, which extended the state of emergency to August 26, 2024. 2. On October 3, 2022. The Planning and Development Services Director approved PDS Order 2022-040, granting a Minor Site Plan to construct eighty-four (84) multi-family dwelling units consisting of twelve (12) residential buildings, an office building/clubhouse, pool, outdoor seating, on-site stormwater retention pond, and an outdoor playground. The site is located at the southwest corner of Miramar Avenue and Deleon Avenue, and east of Turnpike Feeder Road, within the RM-9 (Residential, Multiple-Family — 9) Zoning District. 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, extending the state of emergency to August 13, 2024. 4. On September 16, 2024, Architect Bruce Celenski Inc., representing Anya Group, LLC, filed a request to toll and extend the termination date for the project known as Sugar Sands Apartments, Minor Site Plan, pursuant to Executive Orders 24-137, (Hurricane Ian) and Executive Order 24-116 (Hurricane Nicole). File No.: EDO-2409-000044 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT PDS 2024-066 SAINT LUCIE COUNTY FILE# 5425031 12/30/2024 04:20:43 PM Page: 1 OR BOOK 5251 PAGE 1295-1299 Doc Type:ORD RECORDING: $44.00 5.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. 6.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 September 16, 2024,which is within the time frame established by the Statute. 7. Planning Staff has 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 Sugar Sands Apartments— Minor Site Plan (MJSP-12202126251) Executive Order(EO) Extension (EDO-2409-000044)"dated December 19, 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 administrative approval for the project known as Sugar Sands Apartments, has been found to be eligible for a statutory extension. The approval granted under PDS Order No. 2022- 040 is extended from its last scheduled date of expiration, October 3, 2024, and now shall expire October 3, 2028, for the property described below in Part B, subject to the following conditions as approved in PDS Order 2022-040: 1) Within 90 days of the recorded approval order, the applicants, property owners, developers, successors, or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the County Attorney, five (5) feet of right-of-way along Royal Palm AKA Deleon) Avenue, and ten (10) feet of right-of-way along Miramar Avenue. 2) A site development permit and roadway improvement agreement will be required prior to commencing construction. 3) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, a gopher tortoise survey conducted by a state certified gopher tortoise agent shall be required per Florida Fish and Wildlife Conservation Commission (FWC) protocol prior to initiation of any clearing activities onsite. If any construction activities are proposed within 25 ft. of any gopher tortoise burrows, a relocation permit shall also be provided in accordance with FWC requirements. 4) Prior to issuance of a Certificate of Occupancy all Category I listed invasive plants shall be eradicated from the site. File No.: EDO-2409-000044 PDS 2024-066 Page: 2 B. The property on which this Development Order Extension is being granted is described as follows: LEGAL DESCRIPTION: THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 34 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT (P.O.C.) BEING THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE N 00°02'03" W, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; FORA DISTANCE OF 708.55 FEET; THENCE S89°59'58"W, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING (P.O.B); THENCE CONTINUE S89°59'58" W, PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 691.35 FEET; THENCE N00°38'11"E FOR A DISTANCE OF 486.95 FEET; THENCE N 89°21'45"W, FOR A DISTANCE OF 110.74 FEET; THENCE N08°41'58"E, FOR A DISTANCE OF 108.65 FEET; THENCE N89°58'49"E, ALONG A LINE 25 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13 (THE SAME LINE BEING THE SOUTH LINE OF THAT 25 FOOT RIGHT-OF- WAY DEED, RECORDED IN OFFICIAL RECORD BOOK 649, PAGES 27 AND 28, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA), FOR A DISTANCE OF 779.89 FEET; THENCE SOO°02'03"E, ALONG A 20 FEET WEST OF A PARALLEL TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13(THE SAME LINE BEING THE WEST LINE OF THAT 20 FOOT RIGHT OF WAY DEED, RECORDED IN OFFICIAL RECORD BOOK 585. PAGES 1149 THROUGH 1451, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA), FOR A DISTANCE OF 595.81 FEET TO THE POINT BEGINNING (P.O.B.). Parcel Size: 9.69-acres Parcel I.D. No.: 1313-231-0000-000-4 C. This statutory extension approval for PDS Order 2022-040 for a Minor Site Plan shall expire on October 3, 2028, 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 site plan 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. File No.: EDO-2409-000044 PDS 2024-066 Page: 3 This order shall be recor ed in the Public Records of St. Lucie County. ORDER effective this day of JCC 2024. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Benjamin Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY St % County Attorney File No.: EDO-2409-000044 PDS 2024-066 Page: 4 EXHIBIT - A Sugar Sands Apartments" The following table provides a historic timeline of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 10/03/2022 PDS Order PDS Director 10/03/2024 Minor Site Plan No. 2022-040 12/19/2024 PDS Order Executive Orders 24- 10/03/2028 Hurricane Ian 2024-066 116, EO 24-137 Hurricane Nicole File No.: EDO-2409-000044 PDS 2024-066 Page: 5