Commission declines to modify Hutchinson Island height ordinance after developer's Bert Harris claim

The St. Lucie County Board of County Commissioners voted unanimously to make no changes to a 2024 ordinance that corrected a mapping discrepancy in the Hutchinson Island height overlay, rejecting settlement options tied to a Bert J. Harris Jr. claim filed by Sand and Sea Development Group LLC.

County planning staff summarized the background: a 1995 Hutchinson Island height overlay established two zones (125 feet and 35 feet) shown on color‑coded maps and described in legal text. Staff said a discrepancy arose where three narrow oceanfront parcels near the Regency condominium were shown in one zone on the map but included in the other zone in the legal description. "When the discrepancy was discovered, staff moved forward with two ordinances to correct the scrivener's error," Planning Director Ben Balser told the board.

The nut graf: the developer, Sand and Sea, filed a formal Bert J. Harris Jr. claim after the county adopted an ordinance in 2024 that made the map control over the legal description; staff presented multiple settlement options and the board voted to maintain the existing ordinance. The Bert Harris Act provides a 90‑day presuit period during which governments must consider settlement options; the developer had requested an extension of that period.

Staff described potential settlement options that had been discussed, including code adjustments to setbacks and building‑spacing rules, density or fee waivers, a land swap of a county park parcel for contiguous development acreage with developer‑funded park reconstruction, or limited variances capped at 42 feet. The staff presentation also summarized previous development activity and constraints: the two vacant parcels are roughly 0.9 to just over 1 acre each, the southern vacant parcel's north border sits about 115 feet from the Regency building, and building spacing formulas and coastal construction elevation rules limit practical development options.

Planning Manager Corey Benton detailed concept designs provided by Sand and Sea and staff analysis showing that, under the 35‑foot zone and existing building‑spacing rules, the two vacant parcels might accommodate about 10 units under certain designs; the developer's appraisal argued for up to 12 units under a taller structure. "The Bert Harris Jr. Act provides a 90 day notice period before a property owner can file suit against the governmental entity," Balser told commissioners while reviewing statutory requirements and the technical options for settlement.

Commissioner Townsend moved that "the county makes no changes and takes no action at this time with the ordinance of 2024‑1A." The motion passed unanimously. The developer's petition for writ of certiorari had previously been denied by circuit court and is on appeal to the Fourth District Court of Appeal; the Bert Harris claim is a separate administrative presuit step and may still lead to litigation if unresolved.