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Home My WebLink About25-030 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5481811 05/16/2025 11:18:43 AM OR BOOK 5314 PAGE 1097-1100 Doc Type:ORD RECORDING: $35.50 PDS ORDER 2025-030 EDO-2410000048 AN ORDER GRANTING A STATUTORY EXTENTION PROVIDED BY FLORIDA STATUTE SECTION 252.363, TO THE SCHEDULED EXPIRATION DATE FOR THE MAJOR SITE PLAN KNOWN AS MAJESTIC BAY. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a development order administrative extension timely submitted by the Dean, Mead, Minton, and Moore Law Firm on behalf of the property owner, and has made the following determinations: 1. On September 2, 2002, the Board of County Commissioner granted Major Site Plan approval for a thirteen (13) single-family lot project known as the Majestic Bay Subdivision (Expired). 2. On May 17, 2022, the Board of County Commissioners approved a Major Site Plan and a concurrent Category I Wetland Waiver to develop a twenty-four (24), 3-story multi-family condominium project with a boardwalk leading out to a twelve(12)-slip boat dock within the Indian River Lagoon with associated parking, drainage, and utility infrastructure on the subject property. The project is located in the HIRD (Hutchinson Island Residential District) Zoning located at 10251 S. Ocean Drive in Jensen Beach, approximately one (1) mile north of the Martin County border. 3. 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. 4. On October 22, 2024, Logan Wellmeier of Dean, Mead, Minton, and Moore, Law Firm, on behalf of the property owner filed a request to toll and extend the termination date for the Majestic Bay Major Adjustment to Major Site Plan with the associated Category 1 Wetland Waiver pursuant to Executive Orders 24-235, (Hurricane Ian), Executive Order 24-116 (Hurricane Nicole) and Executive Order 24-214 and 24-215 (Hurricane Milton), issued by the Governor declaring states of emergency. 5. Florida Statute Section 252.363 provides that any local government issued development 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. 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 File No.: EDO-2410000048 PDS Order No. 2025-030 Page: 1 emergency. The applicant applied for this extension on October 22, 2024. 7. 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. 22-089. Further analysis is found in the memorandum titled "Majestic Bay Major Site Plan-Executive Order Extension(EDO-2410-000048),"dated April 30, 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 Major Site Plan approval for the project known as Majestic Bay has been found eligible for this statutory extension. The approval granted under Resolution No. 23-189, is now extended from its last scheduled expiration date of September 5, 2025, and shall now expire September 5, 2029, preserving the conditions contained in Resolution No. 2023-189. B. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: A Parcel of land being a part of Parcel "H", F.E. Englar Survey Plat, according to the plat thereof, recorded in Plat Book 7, Page 13, Public Records of St. Lucie County, Florida, more particularly described as: Start at the Northwest corner of Government Lot 1, Section 11, Township 37Soulh, Range 41 East, St. Lucie County, Florida, thence run North 89 degrees, 35 minutes, 00 seconds West, along the North line of said section 11, a distanceof 176.8 feet to the Northeast corner of the aforesaid Parcel "H", thence run South 21 degrees, 03 minutes, 00 seconds East along the easterly line of said Parcel "H", a distance of 168.71 feet to the Point of Beginning, thence continue to run South 21 degrees, 03 minutes, 00 seconds East along said Easterly line to the Southeast corner of said Parcel "H", a distance of 480.79 feet, thence run North 89 degrees, 35 minutes, 00 seconds West along the South Line of said Parcel "H" to the Easterly shoreline of the Indian River, a distance of 1,462.3 feet, more or less; thence meander Northerly along said Easterly shoreline of the Indian River to the intersection with a line that bears North 89 degrees, 35 minutes, 00 seconds West from the Point of Beginning, a distance of 570 feet, more or less, thence run South 89 degrees, 35 minutes, 00 seconds East along lastly said line a distance of 1,003.61 feet, more or less, to the Point of Beginning, less however, all roads rights of way. Together with an easement for the purpose of pedestrian access to the Atlantic Ocean over the South 5 feet of Tract "C" and "D", according to the survey of the South 1/2 of Government Lot 5 of Section 2, and the North 605.23 feet of the Government Lots 1 and 2 of Section 11, Township 37 South, Range 41 East, as File No.: EDO-2410000048 PDS Order No. 2025-030 Page: 2 shown in Plat Book 7, Page 13, Public Records of St. Lucie County, Florida. Parcel ID#: 4502-801-0011-0002 C. This Major Site Plan extended through this statutory extension shall expire on September 5, 2029, 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 Resolution 2023-189 are an integral non-severable part of the site plan extension as granted by this administrative extension. If any condition set forth in Resolution 2023-189 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 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 6- day of /41 , 2025. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA < < j BY Benj Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY County ounty Attorney File No.: EDO-2410000048 PDS Order No. 2025-030 Page: 3 EXHIBIT — "A" Majestic Bay The following table provides a historic timeline of the approvals granted to the subject site plan. Date Approval Approval Expiration Comments Granted Date 11/02/2017 Res. No. 02-150 Board of County Expired Major Site Plan Commissioners Approval for Seven single-family lots 05/17/2022 Res No. 2022-89 Board of County 05/17/2024 Major Site Plan Commissioners Approval for Twenty- four (24), 3-story multi- family Condominium Project, Boardwalk and Boatslip. 09/05/2023 Res No. 23-189 Board of County 09/05/2025 Major Adjustment to Commissioners Major Site Plan Approval for Amenity Center 03/04/2025 PDS Order 2025-030 (EO) 24-235, 24- 09/05/2029 Hurricane Ian 116, 24-214 and Hurricane Nicole 24-215 Hurricane Milton File No.: EDO-2410000048 PDS Order No. 2025-030 Page:4