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EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 2892796 07/10f2006 at 04:09 PM
OR BOOK 2608 PAGE 1471 . 1474 Doc Type: RESO
RECORDING: $35.50
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RESOLUTION NO. 06-160
FILE NO.: SPMj-05-004
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A RESOLUTION GRANTING A
MAJOR ADJUSTMENT TO A
MAJOR SITE PLAN PROJECT
KNOWN AS DIAMOND SANDS
SUBDIVISION
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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. Hutchinson Island 45. Inc.. presented an application for a Major Adjustment to a
Major Site Plan Project, known as Diamond Sands, to provide for the updating the
Mean High Water line and site plan designs subsequent to beach erosion from the
2004 Hurricanes, on 30.23 acres located along the Atlantic Ocean on South
Hutchinson Island, for the property described in Section B.
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 the
conditions set forth in Part A of this Resolution.
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. 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 of the
proposed project on the immediate vicinity through building design, site design,
landscaping and screening.
6. 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. The proposed project will be served water and sewer services by the St. Lucie
County Utilities.
Resolution No, 06-160
Page 1
File No.: SPMj-05-004
June 27, 2006
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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 Major
Site Plan to be known as Diamond Sands, is hereby approved as depicted on the site plan
drawings for the project prepared by Thomas Lucido & Associates, PA., dated 1/3/06, last
revised on 5/10/06, and date stamped received by the St. Lucie County Growth
Management Director on 5/31/06, for the property described in Section B, subject to the
following conditions:
1. All terms and conditions set forth in Resolution No. 03-022 shall remain in full
force and effect.
2. No Building permits shall be issued until the applicant has repaired any
damage to the existing sidewalk that occurs during the construction of the
infrastructure of this project. Approval from the County Engineer shall be
required prior to release of this condition.
3. No clearing or other site work shall commence until after constructible
engineering plans have been approved by the County Engineer and all
county environmental permits have been issued by Environmental
Resources Department pursuant to Section 11.02.08(A)(7) of the St. Lucie
County Land Development Code. As of this date of issuance of this
Development Order, no constructible site development plans have been
submitted for review. No work shall commence after the issuance of
environmental permits by county, or of any other permits by any other
agency, until the County Engineer has approved the constructible site plans.
4. Pursuant to Section 11.02.08(A)(6) of the St. Lucie County Land
Development Code, no work shall commence on the site until all regulatory
permits required from Federal, State, and regional agencies and special
districts have been issued. The Florida Department of Environmental
Protection, National Pollutant Discharge and Elimination System compliance
notice must be submitted to the County Engineer with the constructible site
plan at the time of building permit application or during permit review or no
paving, grading, and drainage permit and no building permit shall be issued.
All National Pollutant Discharge and Elimination System Best Management
Practices shall be instituted on the site prior to site clearing and maintained
daily. Stormwater ponds shall be roughed in at the same time the site is
cleared of groundcover.
5. This Development Order shall be recorded in the Public Records of St. Lucie
County, Florida, in order to provide constructive legal notice of development
conditions that run with the land.
6. The Code Compliance Manager shall receive a copy of this Development
Order and the site plan it approves and shall not approve any building
Resolution No. 06-160
Page 2
File No.: SPMj-05-004
June 27, 2006
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10 B.
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26 C.
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31 D.
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41 E.
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47 F.
permits that do not implement or are not consistent with this Development
Order and the plans hereby approved.
7. Within 3 days of the approval of this resolution, $50,000 as a donation from Diamond
Sands to the Parks and Recreation Department shall be remitted to the County
Administrator. The $200,000 bond, in place to insure completion of the required
Herman Bay Park improvements, will be forfeited in six months from the date of the
approval of this resolution if the Herman's Bay requirements are not completed.
The property on which this Site Plan approval is being granted is described as follows:
Being a parcel of land lying over a portion of Section 27, Township 36 South,
Range 41 East, St. Lucie County, Florida+/- Said parcel being more
particularly described as follows:
Being all of the lands platted in that certain plat of Diamond Sands,
According to the plat thereof, recorded in Plat Book 46, Page 13, of The
public records of St. Lucie County, Florida.
Said parcel containing 26.45 acres, more or less.
(Location: East side of South State Road A-1-A, approximately 4 miles north
of the Jensen Beach Causeway)
This Major Site Plan shall expire on June 27, 2008, unless a building permit is issued or an
extension is granted in accordance with Section 11.02.06(B) (3), St. Lucie County
Development Code.
The Major Site Plan approval granted under this Resolution is specifically conditioned to the
requirement that the petitioner, Hutchinson Island 45. Inc, 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 States Army Corps 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.
A Certificate of Capacity was granted by the Growth Management Director on September
16, 2003, which certificate shall remain valid for the period of Site Plan approval. The
certificate of capacity shall be valid for the same period as this order. If this order expires or
otherwise terminates, the certificate of capacity shall automatically terminate.
A copy of this resolution shall be attached to the site plan drawings described in Section A,
Resolution No. 06-160
Page 3
File No.: SPMj-05-004
June 27, 2006
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which plan shall be placed on file with the St. Lucie County Growth Management Director.
After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward AYE
Vice-Chairman Chris Craft AYE
Commissioner Frannie Hutchinson AYE
Commissioner Paula A. Lewis AYE
Commissioner Joe E. Smith AYE
PASSED AND DULY ADOPTED this 27th Day of June 2006.
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BOARD OF COUNTY COM~ISS~p~I2R.~,_<
ST. LUCIE COUNTY, FLORlpA ,.:t, '~t;:;'.{.'
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COUNTY ATTOR
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File No,: SPMj-05-004
June 27, 2006
Resolution No, 06-160
Page 4