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Home My WebLink About25-005 PDS ORDER 2025-05 EDO-2411000052 AN ORDER GRANTING A STATUTORY EXTENTION PROVIDED BY FLORIDA STATUTE SECTION 252.363, TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED MINOR SITE PLAN KNOWN AS TORTUGA SANDS (FKA PELICAN REEF). WHEREAS. the St. Lucie County Planning and Development Services Director has reviewed the request for a development order administrative extension timely submitted by the Nason Yeager Law Firm on behalf of Pelican Reef at Hutchinson. LLC, and has made the following determinations: 1. On April 4, 2017, the St. Lucie County Board of County Commissioners granted Minor Site Plan approval for the project known as Tortuga Sands (FKA Pelican Reef), a residential subdivision consisting of seven (7) single-family lots located on the east side of South Ocean Drive. approximately 2,500 feet south of the Watersong PUD development's south entrance and 2.5 miles north of the FPL Nuclear Power Plant in the HIRD (Hutchinson Island Residential District) zoning district. 2. On April 2, 2019,the Planning and Development Services Director granted approval through PDS Order No. 2019-015, of a development order extension pursuant to Executive Orders 18-275, 18-253, 18-279, 18-281 and 18-311 due to St Lucie County being impacted by the Opioid pandemic, Hurricane Maria, Lake Okeechobee algae blooms, red tide, and Hurricane Florence. 3. On August 5, 2020, the Planning and Development Services Director granted approval through PDS Order No. 2020-046, of a development order extension pursuant to Executive Orders (EO) 19-189, 19-234, 19-281. 20-43. and 20-106 issued due to the threat of Hurricane Dorian. 4. 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. 5. On November 11, 2024, Gray Crow, Esq., of Nason, Yeager. Gerson, Harris & Fumero. P.A., on behalf of Pelican Reef at Hutchinson, LLC, filed a request to toll and extend the termination date for Tortuga Sands (FKA Pelican Reef) Subdivision, pursuant to Executive Orders 24-235, 24-116, and 24-214 issued by the Governor declaring a states of emergency due to the threat of Hurricane Ian, Hurricane Nicole and Hurricane Milton. The total amount of time alloted for this extension request is seventy-two (72) months and forty-one(41)days. 6. Florida Statute Section 252.363 provides that any local government issued development File No.: EDO-2411000052 PDS No. 2025-05 Page: 1 MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5444125 02/18/2025 04:34.31 PM OR BOOK 5271 PAGE 771-776 Doc Type:ORD RECORDING $52 50 order or permit may be extended from the period remaining for the duration of the emergency declaration sixty (60) days plus twenty-four (24) months. 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 November 11, 2024. 8. Planning Staff performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County development order granting site plan approval through Resolution No. 17-059. Further analysis is found in the memorandum titled Tortuga Sands (FKA Pelican Reef) Minor Site Plan-Executive Order Extension, dated February 4, 2025. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Florida Statute Section 252.363. the Minor Site Plan approval for the project known as Tortuga Sands (FKA Pelican Reef) Subdivision has been found eligible for this statutory extension. The approval granted under Resolution No. 17-059, is now extended from its last scheduled expiration date of November 1, 2024, and shall now expire December 12, 2030. for the property described in Part B, is hereby approved with the following conditions: 1. This Development Order shall be recorded in the Public Records of St. Lucie County, Florida. This Development Order shall be recorded in order to provide constructive legal notice of development conditions that run with the land. 2. The Final Plat shall not be recorded until constructible engineering plans are approved. and all public and common improvements are either: a) built and accepted or approved by St. Lucie County; or b) secured with a developer's surety held by the St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 3. Pursuant to Section 11.03.02 and 11.04.00 of the St. Lucie County Land Development Code constructible engineering plans shall be submitted to the County Engineer. 4. The County Engineer shall receive a copy of this Development Order and the site plan it approves The County Engineer shall not approve constructible engineering plans or cost estimates that do not implement or are not consistent with this Development Order and the plans hereby approved. 5. Prior to construction, the developer shall provide detailed Engineering drawings certified by a Professional Licensed Engineer in the State of Florida that there are no vertical or horizontal obstacles along the entrance road that will impede heavy equipment or machinery in route to the 20' beach and dune access easement. File No.: EDO-2411000052 PDS No. 2025-05 Page: 2 6. The Declaration of Covenants for Pelican Reefs Homeowners Association shall at all times require the Homeowners Association to maintain in good repair and manage. operate and insure, and shall replace as often as necessary the Common Areas including but not limited to the Preserve Areas protected under the Conservation Easement. Without limiting the generality of the foregoing, the Homeowners Association shall assume, and hereby assumes. all Developer's and its affiliates responsibility to St. Lucie County with respect to the Common Areas, Sea Turtle Protection Plan Conservation Easement. 7. Prior to issuance of a Vegetation Removal Permit or Exemption the applicant shall provide the required amended Conservation Easement over the onsite preserves. approved Preserve Area Monitoring and Management Plan (PAMMP), Dune Restoration Plan and Sea Turtle Protection Plan (STPP)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 shapefile 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. 8. Prior to issuance of a Certificate of Occupancy the applicant shall provide detailed lighting plans for each building for review and approval to St Lucie County Environmental Resources Department. 9. Prior to the issuance of a Certificate of Occupancy, all seaward and shore- perpendicular facing windows and doors shall be fitted with tinted glass or film with a visible light transmittance value of forty-five (45) percent or less. 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. 10. 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 and preserve area protection measures have been installed. 11. Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their successor or assigns, shall provide a utility plan detailing siting of the top of the proposed wetwell and electrical components sufficiently above the flood elevation, a permanent emergency generator to ensure functionality of the station in the event of a power outage, appropriate alarms and means of notification for utility personnel, and thorough routine maintenance schedule in order to prevent failure of the onsite lift station. File No.: EDO-2411000052 PDS No. 2025-05 Page: 3 12. Prior to the issuance of a Certificate of Occupancy, informational sea turtle signage shall be installed on each dune crossover. 13. Prior to issuance of a Certificate of Occupancy for the first building permit, all invasive exotic vegetation shall be removed (Land Development Code Section 7.09.05). 14. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall include the following information within the Homeowners Association documents: a) Restrictions on any encroachment into the preserve areas, as well as restrictions on vegetation removal outside the building pad areas. [Comprehensive Plan Policy 8.1.8.5] b) References to the Preserve Area Management Plan (PAMMP) and Sea Turtle Protection Plan (STPP). c) Disclosure regarding the COBRA zone designation for this property. d) Mechanism for perpetual financial responsibility of the Homeowners Association for future dune maintenance. 15. 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. 16. 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: THE SOUTH 500 FEET OF GOVERNMENT LOTS 5 AND 6 OF SECTION 32. TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY. FLORIDA, LYING EAST OF A 100 FOOT WIDE RIGHT OF WAY FOR STATE ROAD A-1-A. (Location: East side of South Ocean Drive. approximately 2,500 feet south of the Watersong development's south entrance and 2.5 miles north of the Florida Power and Light facility on South Hutchinson Island.) Parcel ID# 2532-344-0001-000/4 C. This Minor Site Plan extended through this statutory extension shall expire on December 12, 2030, 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 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 File No.: EDO-2411000052 PDS No. 2025-05 Page: 4 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 and Development Services Department. G. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective this day of f eV ✓ , 2025. PLAN ING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY /L.L Beni n Balcer,AICP APPROVED AS TO FORM AND CORRECTNESS: BY County Attorne File No.: EDO-2411000052 PDS No. 2025-05 Page: 5 EXHIBIT — "A" Tortuga Sands (FKA Pelican Reef) The following table provides a historic timeline of the approvals granted to the subject site plan. Date Approval Approval Expiration Comments Granted Date 04/04/2017 Res. No. 2017-59 Minor Site Plan 04/04/2019 Seven single-family lots Approval 04/02/2019 PDS Order 2019-15 (EO) 18-275, 18- 07/07/2023 Opioid pandemic, 253, 18-279, 18- Hurricane Maria, Lake 281, and 18-311 Okeechobee algae blooms, red tide, and Hurricane Florence. 08/05/2020 PDS Order 2020-46 (EO) 19-189, 19- 11/01/2024 Hurricane Dorian 234, 19-281, 20- 43, and 20-106 1/24/2025 PDS Order 2025-05 (EO) 24-235, 24- 12/12/2030 Hurricane Ian, 116, and 24-214 Hurricane Nicole and Hurricane Milton File No.: EDO-2411000052 PDS No. 2025-05 Page:6