HomeMy WebLinkAbout06-055
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1 RESOLUTION 06-055
2 File Number: PMUD-{)6-{)01, RZ 06-001
3
4 A RESOLUTION GRANTING APPROVAL OF A
5 PRELIMINARY PLANNED MIXED USE
6 DEVELOPMENT PLAN FOR A PROJECT
7 KNOWN AS GRANDE BEACH PMUD.
8
9 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
10 the testimony and evidence, including but not limited to the staff report, has made the
11 following determinations:
12
13 1. Grande Beach North Hutchinson Island LLc. presented a petition for rezoning and
14 for a Preliminary Planned Mixed Use Development Plan for 82-unit residential
15 condominiums (seven 2-story and 3-story condominium buildings) and 10,000
16 square feet of neighborhood commercial (2,000 square feet in a condominium
17 building and two buildings of 5,000 square feet and 3,000 square feet each) project
18 to be known as Grande Beach· PMUD.
19
20 2. On March 16, 2006 the St. Lucie County Local Planning Agency held public
21 hearing on a separate but related petition for a small scale plan amendment from
22 COM (Commercial) to MXD (Mixed Use Development), after publishing notice at
23 least 10 days prior to the hearing and notifying by mail all owners of property within
24 500 feet of the subject property, and recommended that this Board deny a change
25 in Future Land Use Designation from COM (Commercial) to MXD (Mixed Use
26 Development - Grande Beach, Medium Intensity), for the same property, with
27 included Sub-area Policies as listed here:
28
29 . Residential land uses will be limited to a maximum of 82 dwelling
30 (condominium) units.
31 . The maximum 40% residential threshold set forth in Section 7.03.03.A of
32 the St. Lucie County Land Development Code will not be applicable to
33 development on this site.
34 . The non-residential square footage required is 10,000 square feet.
35 . The commercial component of the project shall be integrated into the
36 overall site design through architecture, building materials, color and street
37 orientation.
38 . A designated transit stop shall be provided within the development.
39
40 3. On March 16, 2006, the St. Lucie County Planning and Zoning Commission held a
41 public hearing on the petition of Grande Beach North Hutchinson Island LLc. for a
42 Rezoning from CG (Commercial, General) to PMUD (Planned Mixed Use
43 Development) and for approval of a Preliminary Planned Mixed Use Development
44 Plan for 82-unit residential condominiums (seven 2-story and 3-story condominium
45 buildings) and 10,000 square feet of neighborhood commercial (2,000 square feet
46 in a condominium building and two buildings of 5,000 square feet and 3,000 square
47 feet respectively) project to be known as Grande Beach - PMUD, after publishing a
Page 1 of 7
May 2, 2005
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 28692620513012006 at 09:10 AM
OR BOOK 2575 PAGE 357 - 363 Doc Type: RESO
RECORDING: $61.00
Resolution 06-055
File No.: PMUD 06-001
1 notice of such hearing in the Tribune and notifying by mail all property owners
2 within 500 feet of the property boundaries, and recommended that this Board deny
3 the petition for Rezoning and Preliminary Planned Mixed Use Development for the
4 property described in Part B below;
5
6 4. On May 2, 2006, this Board held a public hearing on the petition of Grande Beach
7 North Hutchinson Island LLC., for Preliminary Planned Unit Development approval
8 for the project known as Grande Beach - PMUD after publishing a notice of such
9 hearing in the Tribune and notifying by mail all property owners within 500 feet of
10 the subject property.
11
12 5. The proposed project is consistent with the general purpose, goals, objectives and
13 standards of the St. Lucie County Land Development Code, the St. Lucie County
14 Comprehensive Plan, and the Code of Ordinances of St. Lucie County.
15
16 6. The proposed project will not have an undue adverse effect on adjacent property,
17 the character of the neighborhood, traffic conditions, parking, utility facilities or
18 other matters affecting the public health, safety and general welfare.
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20 7. All reasonabie steps have been taken to minimize any adverse effect of the
21 proposed project on the immediate vicinity through building design, site design,
22 landscaping and screening.
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24 8. The proposed project will be constructed, arranged and operated so as not to
25 interfere with the development and use of neighboring property, in accordance with
26 applicable district regulations.
27
28 9. The proposed project will be served by adequate public facilities and services.
29
30 10. The applicant has demonstrated that water supply; evacuation facilities and
31 emergency access are satisfactory to provide adequate fire protection.
32
33
34 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
35 Lucie County, Florida:
36
37 A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code,
38 the Preliminary Planned Mixed Use Development Plan for the project to be known
39 as Grande Beach - PMUD, is hereby, approved as shown on the site plan
40 drawings for the project prepared by Houston Cuozzo Group on July 1, 2005, last
41 revised on March 8, 2006, and date stamped received by the St. Lucie County
42 Growth Management Department on April 7, 2006, attached hereto as Exhibit 6,
43 and incorporated by reference, subject to the following conditions:
44
45 1. The Director of Growth Management is authorized to issue a development
46 order in such form as he may prescribe. No development shall occur and the
47 project cannot obtain any permits until a development order is issued by the
48 Director of Growth Management, or the person he designates in writing to issue the
Page 2 of 7
May 2, 2005
Resolution 06-055
File No.: PMUD 06-001
1 development order. The Development Order shall be recorded in the Public
2 Records of 5t. Lucie County, Florida.
3
4 2. The Final Plat shall not be recorded until constructible engineering plans
5 are approved, and all common improvements are either: a) built and accepted or
6 approved by 5t. Lucie County; or b) secured with a developer's surety held by the
7 5t. Lucie County in a form approved by the County Attorney and an amount
8 approved by the County Engineer, including an amount necessary to cover the
9 period of maintenance required by the Land Development Code.
10
11 3. The resolution shall be recorded in order to provide constructive legal
12 notice of development conditions that run with the land. The act of recording the
13 resolution does not authorize development. All conditions of approval and
14 applicable code requirements must be determined to be satisfied by the Director of
15 Growth Management.
16
17 4. The Director of Growth Management shall obtain comments from the
18 appropriate county staff, legal staff, and other responsible agencies regarding the
19 satisfaction of all applicable code requirements and conditions of approval prior to
20 issuing a development order.
21
22 5. The Department of Growth Management shall confer with the County
23 Engineer, Public Works Department, Environmental Resources Department, and
24 Utilities Department to determine the number of constructible engineering plans
25 that shall be required to be submitted for review. The applicant shall, following
26 notification by the Director of Growth Management, submit the required number of
27 plans to the Department of Growth Management for processing, distribution, and
28 final action.
29
30 6. No development order shall be issued by the Director of Growth
31 Management until a complete set sealed constructible final engineering plans,
32 supporting calculations and survey data for the site work and offsite improvements
33 are approved by the Office of the County Engineer, Public Works Department,
34 Utilities Department, Environmental Resources Department, Growth Management
35 Department, Fire Department, and any other agency that may be determined by
36 the Director of Growth Management to be necessarily involved in the review and
37 approval of the constructible final engineering plans for the site work and offsite
38 improvements. The determination of whether or not plans submitted by the
39 applicant constitute a complete set of constructible plans shall be made by the
40 departments involved in the plan review within five business days of the date the
41 plans are received in the Department of Growth Management.
42
43 7. The Director of Growth Management is authorized to evaluate project
44 concurrency, and to issue a certificate of concurrency upon his determination that
45 all requirements for concurrency management have been satisfied. No
46 Development Order shall be issued prior to the issuance of a Certificate of
47 Concurrency.
48
Page 3 of 7
May 2, 2005
Resolution 06-055
File No.: PMUD 06-001
1 8. Prior to the recording of any Final Plats for the project, the developer, his
2 successor or assigns, shall either construct or provide sufficient security in
3 accordance with Section 11.04.00 of the St. Lucie County Land Development Code
4 for the construction of a 6-foot wide sidewalk along the project's frontage on SR A-
5 1-A.
6
7 9. The developer, his successors or assigns, shall be required to provide a Bus
8 Stop/Transit Stop at the entrance to the project on SR A-1-A.
9
10 10. Prior to issuance of the Land Clearing Permits, the Applicant will be
11 required to obtain the FFWCC Permit for gopher tortoise relocationlrelease, U.S.
12 Army Corps Section 404 Permit and the 39 Permit.
13
14 11. Prior to issuance of the Land Clearing Permits, the applicant shall be
15 required to submit to the County a final tree mitigation plan that indicates the
16 location of all trees to be preserved or relocated in accordance with the allowable
17 mitigation options outlined in the St. Lucie County Land Development Code.
18
19 12. Prior the issuance of any Land Clearing Permits for the Grande Beach PUD
20 Site, the developers, or his assigns, shall clearly delineate all trees to be preserved
21 and/or protected. Delineation shall be by either the placing of silt fencing, safety
22 fencing or similar type of materials. Flagging shall not be used except to guide the
23 installation of the fencing materials. All land clearing activities shall be in
24 accordance to the specific conditions/standards outlined in the Land Clearing
25 Permit. Upon installation, the Environmental Resource Division prior to issuance of
26 the land-clearing permit shall inspect the installed fencing.
27
28 13. The applicant shall be required to submit to St. Lucie County an annual
29 monitoring report demonstrating compliance with the conditions 10, 11, and 12
30 above. The requirement for this report shall begin on the anniversary date of
31 commencement of construction and shall continue on that date until two (2) years
32 after the completion of the development. For the purpose of this condition,
33 "completion of the development" shall mean the issuance of the 78th Certificate of
34 Occupancy or the Certificate of Occupancy for the 98th percentile of the final
35 project density in the event that less than 80 units are constructed on this site.
36
37 14. The developer shall be required to construct a south-bound right turn lane
38 and all modifications as may be required by St. Lucie County and FDOT excluding
39 a traffic signal.
40
41 15. Along internal major streets within the development, final asphalt lifts shall
42 not be completed until 70% or more of the accessing residential units are
43 completed.
44
45 16. Prior to the issuance of the certificate of occupancy for the first residential
46 unit, the developer shall have completed the execution of a final utility service
47 agreement with St. Lucie County, indicating all developer obligations associated
48 with servicing this site.
49
Page 4 of 7
May 2, 2005
Resolution 06-055
File No.: PMUD 06-001
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17. The applicant will extend the water and sewer lines into their site.
18. The permitted uses within the Grande Beach mixed use development shall
be limited to those uses found in the Residential, Multiple Family - 5 (RM-5);
Residential, Multiple Family - 7 (RM-7); Residential, Multiple Family - 9 (RM-9);
Commercial, Neighborhood (eN), Commercial, Office (CO); or Hutchinson Island
Residential District (HIRD).
19. The final site plan, and engineering and construction drawings shall
substantially conform to the site plan approved as a part of this resolution and
attached as Exhibit 6 with the following changes:
a. The southem 2 units on the third floor of Building 7 shall be deleted.
b. The maximum unit count shall be reduced from 82 to 80.
c. Building 7 shall be moved approximately 25 feet to the north and
articulated to maintain approximately 70 feet between the building and
the westem property line.
d. Building 4 will be constructed such that a second story of commercial
may be added.
e. The pedestrian gate on the south property line shall be removed.
20. Road impact fees shall be paid prior to the developer receiving a Final
Development Order. The impact fees shall be paid at the most recent rate
calculated by the county.
21. Prior to issuance of the first building permit for any structure, the applicant
shall donate the following amounts:
$50,000.00 to the UDT Seal Museum,
$50,000.00 to the Sunrise Theater, and
$130,000.00 to SI. Lucie County - $50,000 for Pepper Park improvements
and $80,000.00 as seed money for a North Hutchinson Island Community
Center.
22. This resolution is contingent upon abandonment of the rights-of-way of
Flotilla Terrace and the alleys that lie within the project boundaries.
Note: Abandonment of the right-of-way and alleys was approved through Resolution 06-126 during
the Board's subsequent agenda item.
B.
The property on which this site plan approval is being granted is described
below.
The property described as follows:
Tract "E-1", Blocks 8 and 9 and alleys abutting thereto, Tract "F-1" and Tract "A"
and the portion of Coral Avenue (n/k/a Flotilla Terrace) lying north of Marina Drive,
according to the plat of Coral Cove Beach, Section One, as recorded in Plat Book
Page 5 of 7
May 2, 2005
Resolution 06-055
File No.: PMUD 06-001
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11 at Pages 30A and 30B of the Public Records of St. Lucie County, Florida. (As
shown in Exhibit A),
Containing 9.44 acres more or less.
Location: Northwest of the intersection of Marina Drive and SR A-1-A owned by
Grande Beach North Hutchinson Island, LLC.
C. The Final Planned Unit Development Site Plan/Preliminary Plat approval granted
under this Resolution is specifically conditioned to the requirement that the
petitioner, Grande Beach - PUD, including any successors in interest, shall obtain
all necessary development permits and construction authorizations from the
appropriate State and Federal regulatory authorities, including but not limited to;
the United Stated 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.
D. The conditions set forth in Part A are an integral nonseverable part of the
Preliminary Site Plan approval granted by this Resolution. If any condition set forth
in Part A is determined to be invalid or unenforceable for any reason and the
developer declines to comply voluntarily with that condition, the site plan approval
granted by this resolution shall become null and void.
E. This Preliminary Planned Mixed Use Development Site Plan approval shall expire
on May 3, 2008, unless an extension is granted in accordance with Section
11.02.06(B)(3), St. Lucie County Land Development Code or uniess a Final
Planned Mixed Use Development is secured.
F. A copy of this Resolution shall be attached to the site plan drawings described in
Part A, which said plan shall be placed on file with the St. Lucie County Growth
Management Department.
After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward
Nay
Vice-Chairman Chris Craft
Aye
Commissioner Paula A. Lewis
Aye
Commissioner Joseph E. Smith
Aye
Commissioner Frannie Hutchinson
Aye
PASSED AND DULY ADOPTED this 2nd day of May, 2006.
Page 6 of 7
May 2, 2005
Resolution 06-055
File No.: PMUD 06-001
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
ATTEST
APPROVED AS TO FORM
AND CORRECTNESS
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Page 7 of 7
May 2, 2005
Resolution 06-055
File No.: PMUD 06-001