Loading...
HomeMy WebLinkAbout25-051 PDS ORDER 2025-051 EDO-2504000056 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 TURTLE NEST. 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 Okeechobee Community Developers, LLC and has made the following determinations: 1. On April 4, 2017,the St. Lucie County Board of County Commissioners granted a Minor Site Plan approval through Resolution 2017-058, for the project known as Turtle Nest, a residential subdivision consisting of eight (8) single-family lots, located on the east side of South Ocean Drive within 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. for 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. 2020-047, 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, amended Section 252.363(1)(a) Florida Statutes, increased the extension of the expiration dates for such permits or other authorizations 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 April 17, 2025, Alicia J. Lewis, Esq., of Nason, Yeager, Gerson, Harris & Fumero, P.A., on behalf of Okeechobee Community Developers, LLC, filed a request to toll and extend the termination date for Turtle Nest Minor Site Plan. pursuant to Executive Order 24-214 issued by the Governor declaring a states of emergency due to the threat of Hurricane Milton. The total amount of time allotted for this extension request is twenty-four (24) months plus one hundred and twenty (120) days. 6. Florida Statute Section 252.363 provides that any local government issued development MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT PDS No. 2025 051 File No.: EDO-2504-000056 SAINT LUCIE COUNTY FILE# 5514902 08/12/2025 09:49:34 AM Page: 1 OR BOOK 5352 PAGE 642-645 Doc Type:ORD RECORDING: $35.50 order or permit may be extended from the period remaining for the duration of the emergency declaration 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 April 17, 2025. 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. 17-058. Further analysis is found in the memorandum titled "Turtle Nest Minor Site Plan Executive Order Extension (EDO-2504-000056)"dated July 24, 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 Turtle Nest Minor Site Plan has been found eligible for this statutory extension. The approval granted under Resolution No. 17-058, is now extended from its last scheduled expiration date of November 1, 2024. and shall now expire March 1, 2027. for the property described in Part B. The project shall comply with all conditions of approval as recorded within Resolution 2017-058. B. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: The North 500 feet of the south 1000 feet of Section 32, Township 35 south. Range 41 east, St Lucie County Florida. together with all Riparian and Littoral Rights Thereto Appertaining. Less the Road right of way for State Road A1A. Parcel ID# 2532-341-0002-000/2 C. This Minor Site Plan extended through this statutory extension shall expire on March 1, 2027, 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 No. 2017-58 are an integral non-severable part of the site plan approval as granted by this administrative extension. If any condition set forth in the Resolution 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 File No.: EDO-2504-000056 PDS No. 2025-051 Page: 2 and Development Services Department. G. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective this% day of . �" , 2025. PL NNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY. FLORIDA BY Be amin Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney File No.: EDO-2504-000056 PDS No. 2025-051 Page: 3 EXHIBIT — "A" Turtle Nest 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. 2017-58 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 2020-47 (EO) 19-189, 19- 11/01/2024 Hurricane Dorian 234, 19-281, 20- 43, and 20-106 7/24/2025 PDS Order 2025-051 (EO) 24-214 03/01/2027 Hurricane Milton File No.: EDO-2504-000056 PDS No. 2025-051 Page: 4