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Home My WebLink AboutPDS Order 2020-057FILE # 4751524 OR BOOK 4473 PAGE 356, Recorded 09/09/2020 03:29:05 PM PDS ORDER 2020-057 FILE NO.: 7202026789 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY FLORIDA STATUTES SECTION 262.363 TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED MINOR SITE PLAN KNOWN AS CRISTELLE CAY (FKA OCEAN PALMS) CONDOMINIUM WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a development order administrative extension timely submitted by David Gilman, Cardinal Ocean Development, LLC, and has made the following determinations: 1. On August 13, 2018, the Planning & Development Services Director granted a Major Adjustment to a Minor Site Plan to increase the quantity of dwelling units and associated parking within the approved residential multi -family development, consisting of two (2) buildings, from fifteen (15) to twenty-one (21) units. The subject 2.97 acres is located on the east side of State Road North A-1-A on North Hutchinson Island. The Future Land Use is RH (Residential, High —15 dulac) and the Zoning District is HIRD (Hutchinson Island Residential District). 2. On March 9, 2020, the Governor issued Executive Order 20-52 for 60 days due to the threat of COVID-19 to the State of Florida. The Governor further extended this Order through Executive Order 20-114 on May 8, 2020, and Executive Order 20-166 on July 7, 2020. The eligible tolling period for this emergency declaration is 1BO days plus six (6) months. 3. Florida Statutes 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 plus six (6) months. 4. Florida Statutes Section 252.363 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 July 10, 2020. 5. 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 PDS Order2018-047. Further analysis is found in the memorandum titled Cristelle Cay Condominium Minor Site Plan Executive Order Extension, dated August 13, 2020. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Florida Statutes Section 252.363, the Minor Site Plan approval for the project known as Cristelle Cay has been found eligible for this statutory extension. The approval under PDS Order 2018-047, is further extended from its last scheduled expiration date of August 13, 2020, and shall now expire August 12, 2021, forthe property described in Part B, is hereby approved with the following conditions: File No. EDO 7202025789 PDS No. 2020-057 Page 1 J Plannina & DeveloomentServices Denartment- Plannina Division 1. Prior to the issuance of a Building Permit for the project, the applicant shall provide documentation of authorization and/or a Revocable License Agreement with the Florida Department of Transportation (FDOT) for the placement of required landscaping within their right-of-way. 2. The provided handicap spaces shall be provided with an unencumbered aisle to appropriate entrances, from the provided parking spaces. 3. Prior to the issuance of a Building Permit for the project, the applicant shall incorporate a sidewalk along the western property line, or provide payment in -lieu of construction, in accordance with LDC Section 7.05.04 A. 4. h. If the fees are not used to design, acquire needed right-of-way or construct sidewalks within ten (10) years from the date of payment, the developer may request a refund. 4. The applicant shall integrate traffic control visibility and caution devices such as mirrors, signs, and striping adjacent to and within the first -floor parking areas to support pedestrian safety. St. Lucie County Erosion District 5. Prior to issuance of a building permit, the Preserve Area Monitoring and Management Plan shall identify and delineate an Emergency Beach and Dune Maintenance and Restoration Access as required. 6. Prior to issuance of a building permit, the Emergency Beach and Dune Maintenance and Restoration Access is demonstrated within the Site, Environmental, Paving, Grading and Drainage, and Landscape Plans as a required element. Prior to issuance of a building permit, the Landscape Plan shall be revised to remove any non -herbaceous, woody plants from within the 20' Emergency Beach and Dune Maintenance and Restoration Access. 8. Prior to the issuance of a building permit, the following language will be included in the revised PAMMP; This PAMMP also recognizes a'dedicated 20' wide beach and dune access area across the site as depicted in Figure ? to be maintained by the HOA forfuture necessary beach and dune maintenance and/orrestoration. This 20' access path shall be planted in herbaceous native plant material only and maintained with herbaceous non - woody native plants in perpetuity. Fnviironmental Resources Deoartmment 9. Prior to the issuance of a Vegetation Removal Permit for the project, the developer shall provide a Preserve Area Monitoring and Maintenance Plan reflecting changes in the site plan. [Comprehensive Plan Policy 6.1.8.10]. This plan shall include a dune revegetation plan, a schedule of maintenance and monitoring events, and who is responsible for the maintenance of the Dune Preservation Zone [Land Development Code 6.02.01.F]. 10. Prior to the issuance of a Vegetation Removal Permit the developer shall provide ERD with a License Agreement indicating the ability to install landscaping within the Florida Department of Transportation (FDOT) ROW. File No. EDO 7202025789 PDS No. 2020-057 Page 2 11. 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. 12. 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. 13. Prior to the issuance of a Certificate of Occupancy, informational sea turtle signage shall be installed on the dune crossover. 14. Prior to issuance of a Certificate of Occupancy for the first building permit, all invasive vegetation shall be removed from the site [Land Development Code Section 7.09.05]. 15. Prior to issuance of a Vegetation Removal Permit, the applicant shall provide a mechanism for perpetual financial responsibility for future dune maintenance. 16. The applicant acknowledges this property is located within the CBRA zone designation. 17. 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. Public Works Department - Engineering Division 19. The proposed trees along the property frontage shall be installed with a root barrier system to protect the adjacent exfiltration trench(es). 20. The two-way drive aisles abutting ninety (90) degree parking spaces shall be amended to reflect a width of twenty-six (26) feet, exclusive of all curbing. The applicant may transition the Miami curb or shift the abutting parking stalls two (2) feet to the east in order to meet this dimensional requirement. B. The property on which this statutory extension is being granted is described as follows: The South 150 feet of the North % and the North 50 feet of the South % of Section 14, Township 34 South, Range 40 East, lying East of State Road A-1-A; and the South 200 feet of the North 260 feet of the South % of Section 14, Township 34 South, Range 40 East, lying East of State Road A-1-A, said lands situate, lying and being in St. Lucie County, Florida. Also described as: File No. EDO 7202025789 PDS No. 2020-057 Page 3 The South 150 feet of Government Lot 1 and the North 50 feet of Government Lot 2 and the South 200 feet of the North 250 feet of Government Lot 2, all lying East of State Road A-1-A and lying in Section 14, Township 34 South, Range 40 East, said lands situate, lying and being in St, Lucie County, Florida. Subject to a conservation easement recorded in ORB 2558 Page 2026, public records of St. Lucie County, Florida. Parcel lD#s:1414-310-0001-00013 & 1414-230-0009-000/4 Location: East side of North SR A-1-A, approximately''% miles south of the Breakers Condominiums on North Hutchinson Island. C. This Minor Site Plan statutory extension approval shall expire on August 12, 2021, 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 PartA 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 recorde in the Public Records of St. Lucie County. ORDER effective the day of t 020. PLANNING AND DEVELOPMENT SERVICES ST. UCIE CO TY, FLORIDA BY � 0� i I - lie Olson, I11 CP, Director APPROVED AS TO FORM AND COR CTNESS Courmey File No. EDO 7202025789 PDS No. 2020-057 Page 4