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JOANNE HOU1AN, CLEHK. OF THE Cm~~~T p~~~H;744 SAINT LUCIE C01JNTY
File Number: 2286120 QR BOOK 1 I ~J
Recorded:10!09/03 13:j4
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RESOLUTION 03-222
FILE NO.: MJSP-03-009
A RESOLUTION GRANTING MAJOR SITE
PLAN APPROVAL FOR THE PROJECT TO BE
KNOWN AS DIAMOND SANDS SUBDIVISION IN
THE HIRD (HUTCHINSON ISLAND
RESIDENTIAL DISTRICT) ZONING DISTRICT
FOR PROPERTY LOCATED IN ST. LUCIE
COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. Treasure Cay. LLC, presented a petition for Major Site Plan Approval to allow a 45-lot
residential subdivision to be known as Diamond Sands Subdivision on 30.23 acres
of land on the east side of State Road A-1-A, approximately 4 miles north of the
Jensen Beach Causeway, in the HIRD (Hutchinson Island Residential District) Zoning
District for the property described in Part B below.
2. The Development Review Committee has reviewed the site plan for the proposed
project and found it to meet all technical requirements and to be consistent with the
future land use maps of the St. Lucie County Comprehensive Plan, subject to certain
conditions set forth in Part A.
3. The proposed project is consistent with the general purpose, goals, objectives and
standards of the St. Lucie County Land Development Code, the St. Lucie County
Comprehensive Plan and the Code of Ordinances of St. Lucie County.
4. With the conditions imposed pursuant to this Resolution, the proposed project will not
have an undue adverse effect on adjacent property, the character of the
neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the
public health, safety and general welfare.
5. All reasonable steps have been taken to minimize any adverse effect on the
proposed project on the immediate vicinity through building design, site design
including upland and wetland buffers, landscaping and screening.
6. With the conditions imposed in Part A of this Resolution, the proposed project will be
constructed, arranged and operated so as not to interfere with the development and
use of neighboring property, in accordance with applicable district regulations.
7. Fort Pierce Utility Authority will provide central water service to the project and St.
Lucie County Utility will provide central sewer service to the proposed project.
File No.: MJSP-03-009
September 16. 2003
Resolution 03-222
Page 1
OR BOOK 1817 PAGE 2345
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8. The applicant has demonstrated that water supply, evacuation facilities and
emergency access are satisfactory to provide adequate fire protection.
9. A Certificate of Capacity, a copy of which is attached to this resolution, was granted
by the Community Development Director on September 16, 2003.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the
site plan for the project to be known as Diamond Sands Subdivision, is hereby
approved as depicted on the site plan drawings for the project prepared by Thomas
Lucido & Associates, dated 6/4/03, last revised 9/2/03, and date stamped received
by the St. Lucie County Community Development Director on 9/8/03, for the property
described in Section B, subject to the following conditions:
1. Prior to recording of any of the final plats for the subdivision to be known as
Diamond Sands, the developers and St. Lucie County shall have entered into a
binding agreement, in manner and form acceptable to St. Lucie County that
provides for the method in which the proposed land exchange associated with the
relocation of Herman's Bay Beach Access will be conducted. No plats may be
recorded effecting any of the areas included or impacted by the proposed land
swap until such time as the land exchange is completed or the plat approvals are
granted concurrent with any official property exchanges. All proceedings involved
in this land exchange shall be in a manner and form acceptable to the County
Attorney.
2. Prior to recordation of the final plat for the Diamond Sands Subdivision, the
applicant shall construct all improvements for the proposed relocated public beach
access including but not limited to the parking area, dune walkover and footpath.
3. As part of the development of the final subdivision plats for this project, the
developers, their successors and assigns, shall provide for the
creation/establishment of a Conservation Easement over all areas of protected
coastal habitat/upland/wetland preservation areas as shown on the project site
plan. This conservation easement shall be in favor of St. Lucie County. No
alterations of land within these arras so designated may take place without the
prior consent of the County and determination by the County that the proposed
activity is not in violation of any provision of the County's Comprehensive Plan or
development standard of the County's Land Development Code.
4. Prior to the recording of the subdivision plats for this site plan, the applicant shall
be required to submit to the County a final tree mitigation plan that indicates the
location of all trees preserved and relocated and details the number of inches of
trees removed. If the mitigation credit does not exceed the tree mitigation criteria,
the applicant will be required to provide a means for satisfying the remainder of the
tree mitigation criteria.
5. Prior to the recording of any final record plats for this subdivision, the developers,
their successors and assigns, shall provide St. Lucie County with a management
File No.: MJSP-03-009
September 16, 2003
Resolution 03-222
Page 2
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OR BOOK 1817 PAGE 2346
plan for all areas of protected coastal habitat/upland/wetland preservation areas as
shown on the project site plan that are to be covered through the
creation/establishment of a Conservation Easement over all arras
6.
The applicant shall be required to submit to St. Lucie County an annual monitoring
report demonstrating compliance with the above conditions. The requirement for
this report shall begin on the anniversary date of the first plats recordation and shall
continue on that date until five (5) years after the recording of the last record plat
for this subdivision.
7.
Prior to the issuance of any Land Clearing Permits for the Diamond Sands
Subdivision Site, the developers shall clearly delineate all areas to be preserved
and/or protected. Delineation shall be by either the placing of silt fencing, safety
fencing or similar type of materials. Flagging shall not be used except to guide the
installation of the fencing materials. All land clearing activities shall be in
accordance to the specific conditions/standards outlined in the Land Clearing
Permit.
8.
No encroachments shall be permitted within the preserved coastal scrub and
coastal hammock areas or surrounding vegetative buffer area. This shall include
walkways, boardwalks, except for the area designated on the site plan as the
proposed dunewalks. If the developers desire in the future to install any further
facilities they may only do so as a major adjustment to the site plan subject to
approval of the Board of County Commissioners.
9.
Prior to the issuance of any building permits within the Diamond Sands
Subdivision, the developers shall submit to the County, in conjunction with any
building permit application a detailed plot plan of the area under permit
demonstrating compliance with the requirements of Section 6.02.01 (D)(1) of the St.
Lucie County Land Development Code.
10.
The applicant shall be required to correct any damages to the existing
sidewalk/recreation path along SR A-1-A (known as Indian River Lagoon Trace)
resulting from improvements to the proposed project site. All driveways
connection onto SR A-1-A shall be designed in manner consistent with other
driveways connection along the length of the Indian River Lagoon Trace.
11.
The proposed perimeter wall located along State Road A-1-A from the northern
property line to the project entrance shall be limited to a maximum of six (6) feet in
height, may be located no closer than 10 feet to the east right-of-way line of State
Road A-1-A subject to maintaining adequate site triangles and vision fields at the
intersection of the project and State Road A-1-A.
12.
Right and left turn lanes along SR A-1-A shall be constructed at the primary project
access driveways. All construction shall be in manner and form acceptable to the
Florida department of transportation and St. Lucie County. These turn lanes shall
be constructed as part of the primary driveway connection onto SR A-1-A.
Dedicated turn lanes are not required at the exit only accesses.
13.
The developer shall as part of the construction of this development provide for the
construction of a weather shelter, or other similar structure at the main project
entrance with SR A-1-A for the purpose of providing for a central pick-up and drop
File No.: MJSP-03-009
September 16, 2003
Resolution 03-222
Page 3
OR BOOK 1817 PAGE 2347
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off location for any school bus stops/demand response transit or other like transit
activity that may be caused by the development of this property.
14. At all gated controlled access points, the developers shall be reasonable to ensure
that all required emergency override devices are provided to the satisfaction of the
St. Lucie County Sheriff's Department and the St. Lucie County Fire District.
15. Diamond Sands Subdivision shall only be developed with single-family residential
units. No duplex or multi-family dwelling units shall be permitted to be constructed
within the project boundaries.
B.
The property on which this Major Site Plan approval is being granted is described as
follows:
DESCRIPTION
Parcel 1
The north 587.00 feet of the South 5057.83 feet of Section 27, Township 36 South, Range
41 East, St. Lucie County. Florida.
Less and except the right-Of-way for State Road A 1 A.
Parcel 2
The south 4370.83 feet of Section 27, Township 36 South, Range 41 East, St. Lucie County
Florida.
Less and except the Right-of-Way for State Road A 1 A and Less and Except that portion of
the above described property lying south of a line that extends westerly from the mean
high water mark of the Atlantic Ocean to the mean high water mark of the Indian River that
is parallel with the South Section Line of Said Section 27, which line intersects a point on
the easterly right of way line of State Road A 1 A located 1500 feet northwesterly of the
point of Intersection of the easterly right-of-way line of said State Road A1A and said
south Section Line as measured along the easterly right-of-way line of said State Road
A1A.
Parcel 3
A parcel of submerged land lying in the Indian River in Section 27, Township 36 South,
Range 41 East as described as follows:
From the Southeast corner of said Section 27, run north 89038' west 169.03 feet, thence
north 23038' west 383.12 feet, thence north 25038' West 451.22 feet, more or less, thence
north 89038' west 236.7 feet more or less, to the mean high water mark of the Indian River
for the Point of Beginning. Thence south 69015' west 620 feet more or less, thence north
22005' west 4,000 feet more or less, thence north 69015' west 620 feet, more or less,
thence north 22005' West 4,000 feet, more or less, thence north 69015' east 620 feet, more
or less, to the mean high water mark, to the Point of Beginning.
Less and except that portion of the above described property lying south of a line that
extends from the east right-of-way line of State Road A1A to the westerly boundary of the
above described parcel of submerged land and that is parallel with eh south section line
of said Section 27, which line intersects a point of the easterly right-of-way line of State
Road A 1 A located 1500 feet northwesterly of the Point of Intersection of the easterly right-
File No.: MJSP-03-009
September 16, 2003
Resolution 03-222
Page 4
OR BOOK 1817 PAGE 2348
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of-way line of State Road A1A and said south section line as measured along the easterly
right-of-way of said State Road A 1 A.
(Location:
East side pf South State Road A-1-A, approximately 4 miles north of the Jensen
Beach Causeway)
C. The approvals and authorizations granted by this Resolution are for the purpose of
obtaining final plat approvals and shall expire on September 16, 2005, unless the
developer has obtained final plat approval for this subdivision and the final record
plat for this subdivision has been recorded in the land records of St. Lucie County, or
an extension has been granted in accordance with Section 11.02.06, St. Lucie
County Land Development Code. Once final plats for this development has been
recorded in the land records of the County, no further site plan extension will be
required provided that development activities in the subdivision proceed in manner
consistent with this approved site plan.
D. The Major Site Plan approval granted under this Resolution is specifically
conditioned to the requirement that the petitioner, Treasure Cay, LLC, including any
successors in interest, shall obtain all necessary development permits and
construction authorizations form the appropriate State and Federal regulatory
authorities, including but not limited to: the United States Army Corp of Engineers,
the Florida Department of Environmental Protection, and the South Florida Water
Management District, prior to the issuance of any local building permits of
authorizations to commence development activities on the property described in Part
B.
E. A Certificate of Capacity, a copy of which is attached to this resolution, was granted
by the Community Development Director on September 16, 2003, which certificate
shall remain valid for the period of Site Plan approval. Should the Site Plan approval
granted by this resolution expire or an extension be sought pursuant to Section
11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of
capacity shall be required.
F. A copy of this resolution shall be attached to the site plan drawings described in Part
A, which plan shall be placed on file with the St. Lucie County Community
Development Director.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes AYE
Vice-Chairman Paula Lewis AYE
Commissioner John Bruhn AYE
Commissioner Doug Coward AYE
Commissioner Frannie Hutchinson AYE
File No.: MJSP-03-009
September 16, 2003
Resolution 03-222
Page 5
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OR BOOK 1817 PAGE 2349
PASSED AND DULY ADOPTED this 16th day of September 2003.
ATTEST
ad~k, -Jd~o.
Deputy Clerk .. .'~',
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File No.: MJSP-03-009
September 16. 2003
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY yt~) 4?~~.
(//cJE- Chai;~~ r~"\c~<~ 'J
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y;.>',:' -
APPROVED AS TO PQAM (,
AND ORRECTNESS
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Resolution 03-222
Page 6
OR BOOK 1817 PAGE 2350
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7 CERTIFICATE
8 OF
9 CAPACITY
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File No.: MJSP-03-009
September 16, 2003
Resolution 03-222
Page 7
OR BOOK 1817 PAGE 2351
St Lucie County
Certificate of Capacity
Date 9/17/2003 Certificate No. 1266
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development Major Site Plan
Number of units 45
Number of square feet
2. Property legal description & Tax 10 no.
3527-122-0011-000/2, 123-0001-000/2, 123-0002-000/9, 131-0001-000/7, 112-0001-000/8
E SR A-I-A, 4 mi N of Jensen Beach Causeway
Diamond Sands Subdivision
Diamond Sands
3. Approval: Building
Resolution No. R-03-222
Letter 09/17/03
4. Subject to the following conditions for concurrency:
The Construction of a 45-10t, single-family residential subdivsion, within the HIRD (Hutchinson Island
Residential District, with a density of 1.5 du/acre.
Owner's name
Treasure Cay LLC
Address
5001 N Kings Highway, Ste. 203
Myrtle Beach SC 29578
6. Certificate Expiration Date 9/16/2005
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed
Date: 9/17/2003
Commu ty Development
St Lucie County. Florida
Wednesday, September 17, 2003
Page 1 of 1
OR BOOK 1817 PAGE 2352
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8 SITE PLAN
9
10 GRAPHICS
File No.: MJSP-03-009
September 16, 2003
Resolution 03-222
Page 9
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