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Home My WebLink About25-041 s r PDS ORDER 2025-041 File No. EDO-2501000053 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED CATEGORY I WETLAND WAIVER PER COMPREHENSIVE PLAN POLICY 6.1.14.2 FOR A PARCEL OF LAND LOCATED ON SOUTH OCEAN DRIVE, APPROXIMATELY 260 FEET NORTH OF MIDDLE COVE COUNTY BEACH ACCESS, 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 Richard M. Ladyko, P.E. of Ladyko Design Group, LLC, representing the property owner, and has made the following determinations: 1. On April 4, 2023, the Board of County Commissioners granted approval through Resolution 2022-15 for a waiver from the Comprehensive Plan Policy 6.1.14.2 to allow direct impact to the Indian River Lagoon and Mangrove Forest for a total of 0.073 acres(3,188 square foot) of Category I mangrove wetland for the development of a single-family residence and associated improvements on the property. The project is located within the Hutchinson Island Residential District (HIRD)Zoning District, on South Ocean Drive, approximately 260 Feet North of Middle Cove County beach access, in St Lucie County Florida. 2. October 8, 2015 Florida Department of Environmental Protection (FDEP) issued Permit 56- 0282260-003 to construct a 1,374 square foot single-family dock, comprised of a 343.6 ft. by 4 ft. pier, including a 10 ft. by 4 ft. step down loading platform, with two (2) associated 10.5 ft. by 25 ft. (262.5 square feet) wet and dry mooring areas, within the landward extent of Indian Rove, and fill approximately 0.073 acres of a 0.26 acres of wetlands to a construct a driveway areas measuring 123 ft. by 26 ft. (3,198 sq. ft./383 cubic yards including 1.5:1 side slopes)with two (2) 24-inch diameter equalizer culverts, to access the uplands areas of the property for a single-family home. The dock activities include the construction and use of 1,636.9 square feet of preemption of state-owned sovereignty submerged lands, creating adequate buildable uplands onsite without further direct wetland impacts. 3. 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. File No.: EDO-2501000053 PDS Order 2025 041 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Page. 1 SAINT LUCIE COUNTY FILE# 5481813 05/16/2025 11:18:43 glVl OR BOOK 5314 PAGE 1107.1110 Doc Type:ORD RECORDING: $35.50 4. On January 23, 2025, Richard M. Ladyko, P.E., of Ladyko Design Group, LLC representing the property owner, filed a request to toll and extend the termination date for the property known as Kay Residence Category I Wetland Waiver (WV — 9202025837) pursuant to Executive Orders 24-214, 24-215, and 24-264. 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. 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 January 23, 2025, 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 "Kay Residence Category I Wetland Waiver(WV-9202025837)Executive Order Extension (EDO-2501-000053)"dated April 29, 2025. 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 Kay Residence Category I Wetland Waiver, has been found to be eligible for a statutory extension. The approval granted under Resolution No. 2022-15 is extended from its last scheduled date of expiration, January 25, 2025, and now shall expire January 25, 2027, for the property described below in Part B. B. The property on which this Development Order Extension is being granted is described as follows: Legal Description: THE SOUTH 100.00 FEET OF THE NORTH 220 FEET OF THE SOUTH 440 FEET OF GOVERNMENT LOT 4, SECTION 29, TOWNSHIP 35 SOUTH RANGE 41 EAST;ALSO DESCRIBED AS THE NORTH 100 FEET OF THE SOUTH 320 FEET OF GOVERNMENT LOT 4, SECTION 29, TOWNSHIP 35 SOUTH, RANGE 41 EAST, LESS ROAD RIGHT-OF-WAY FOR STATE ROAD A-1-A. SAID LAND CONTAINS 1.52 ACRES, MORE OR LESS. PARCEL ID: 2529-343-0002-000-8 File No.: EDO-2501000053 PDS Order 2025-041 Page: 2 EXHIBIT - A "Kay Residence Category I Wetland Waiver" The following table provides a historic timeline of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 01/25/2022 Resolution No. The Board of County 01/25/2023 Category I Wetland 2022-15 Commissioners Waiver 10/22/2024 PDS Order EO 24-137 01/25/2025 Hurricane Ian 2024-065 01/23/2025 PDS Order EO 24-214, 24-215 & 01/25/2027 Hurricane Milton 2025-041 24-264 File No.: EDO-2501000053 PDS Order 2025-041 Page:4 C. This statutory extension approval for Resolution 2022-15 for a Category 1 Wetland Waiver shall expire on January 25, 2027, unless a permit is issued or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. D. The conditions as outlined in Resolution 2022-15, 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. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective this day of al , 2025. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Be min Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY qor unty Attorney File No.: EDO-2501000053 PDS Order 2025-041 Page: 3