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RESOLUTION NO. 06-155
FILE NO.: PUD.()4.()28IRZ-04·030
A RESOLUTION GRANTING A VARIANCE FROM
SECTION 6.02.02(C), ST. LUCIE COUNTY LAND
DEVELOPMENT CODE - INDIAN RIVER SHORELINE
SETBACKS, A CHANGE IN ZONING FROM THE HIRD
(HUTCHINSON ISLAND RESIDENTIAL DISTRICT)
ZONING DISTRICT TO THE PUD (PLANNED UNIT
DEVELOPMENT TAILERS' COVE) ZONING
DISTRICT, AND PRELIMINARY AND FINAL PLANNED
DEVELOPMENT SITE PLAN APPROVAL FOR THE
PROJECT TO BE KNOWN AS TAILERS' COVE -
PLANNED UNIT DEVELOPMENT
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:
GENERAL
1. Tailers' Cove Development. LLC., presented a petition for Preliminary and Final Planned
Unit Development approval for a 24 unit, residential project to be known as Tailers' Cove
on property located on the west side of South SR A-1-A (South Ocean Drive), directly
across from the Atlantis and Claridge-by-the-Sea Condominiums.
2. As part of the Planned Unit Development review process, Tailers' Cove Development,
LLC., is also seeking a variance from the Provisions of Section 6.02.02(C), St. Lucie
County Land Development Code, allowing for an encroachment of 10 to 25 feet (3,851
square feet) into the required 50 foot Indian River Lagoon shoreline setback area in the
specific areas depicted in the attached site plan described in Part "C" below.
SHORELINE VARIANCE
3. Tailers' Cove Development. LLC, presented a petition for a Variance from the
Provisions of Section 6.02.02(C), St. Lucie County Land Development Code, Indian
River Lagoon Shoreline Setbacks, for property located on the west side of South SR A-
1-A, directly across from the Atlantis Condominiums and Claridge-by-the-Sea
Condominium, for certain property in St. Lucie County, Florida as depicted on the
attached maps as Exhibit "A" and described in Parts "B" below.
File No.: PUD-05-009/R;
June 20, 2006
EDWIN M. FRY, Jr.. CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 2917654 0812312006 at 10:26 PM
OR BOOK 2641 PAGE 1941 - 1953 Doc Type: RESO
RECORDING: $112.00
Resolution No. 06-155
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On June 6, 2006, this Board held a public hearing on the petition, after publishing a
notice of such hearing and notifying by mail all owners of property within 500 feet of the
subject property. That meeting was continued to the Board's meeting of June 20, 2006.
After consideration of the testimony presented during the public hearing, including staff
comments and the standards of review for granting variances set out in Section 10.01.30
of the St. Lucie County Land Development Code, the Board of County Commissioners
has made the following determinations:
a. The requested variance meets the standards of review as set forth in
Section 10.01.30 of the St. Lucie County Land Development Code and is
not in conflict with the goals, objectives, and policies of the St. Lucie
County Comprehensive Plan.
b. The variance granted will not impair other property or improvements in the
neighborhood.
c. The variance granted is the minimum needed to allow the construction of
the buildings as proposed.
d. The variance granted meets the general spirit and intent of the St. Lucie
County Land Development Code and the St. Lucie County Comprehensive
Plan.
CHANGE IN ZONING
Tailers' Cove Development. LLC.. presented a petition for a Change in Zoning from the
HIRD (Hutchinson Island Residential District) Zoning District to the PUD (Planned Unit
Development - Tailers' Cove) Zoning District for the project to be known as Tailers'
Cove - PUD, for property located on the west side of South SR A-1-A, directly across
from the Atlantis Condominiums and Claridge-by-the-Sea Condominium for certain
property in St. Lucie County, Florida as depicted on the attached maps as Exhibit "A"
and described in Part "B" below.
On December 8, 2005, the St. Lucie County Planning and Zoning Commission held a
public hearing, of which due public notice was published and mailed to all property
owners within 500 feet at least 10 days prior to the hearing, and recommended that the
Board of County Commissioners approve Preliminary Planned Unit Development
approval for the project to be known as Tailers' Cove - PUD, for the property depicted
on the attached Maps as Exhibit "A" and described in Part "B" below.
On May 16, 2006, the St. Lucie County Board of County Commissioners held a public
hearing, of which due public notice was published and mailed to all property owners
within 500 feet at least 10 days prior to the hearing. That meeting was continued to the
Board's meeting of June 6, 2006.
File No.: PUD-05-009/RZ-05-010
June 20, 2006
Resolution No. 06-155
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On June 6, 2006, the public hearing on this matter was heard, after publishing a notice
of such hearing and notifying by mail all owners of property within 500 feet of the subject
property and granted a Change in Zoning from the HIRD (Hutchinson Island Residential
District) Zoning District to the PUD (Planned Unit Development - Tailers' Cove) Zoning
District to the property described below. That meeting was continued to the Board's
meeting of June 20, 2006.
On June 20, 2006, the public hearing on this matter was heard.
The proposed change in zoning is consistent with the St. Lucie County Comprehensive
Plan and meets the requirements of Section 11.06.03 of the St. Lucie County Land
Development Code.
SITE PLAN
The petitioner is proposing the development of 24 multiple-family units in 11 buildings for
property located on the east side of South SR A-1-A, directly to the west of the Atlantis
Condominiums and the Claridge-by-the-sea Condominium.
The Development Review Committee has reviewed the site plan for the proposed project
and found it to meet minimum technical requirements.
On December 8, 2005, the St. Lucie County Planning and Zoning Commission held a
public hearing, of which due public notice was published and mailed to all property
owners within 500 feet at least 10 days prior to the hearing, and recommended to the
Board of County Commissioners that Preliminary Planned Development Site Plan
approval for the project to be known as Tailers' Cove - PUD, be granted.
On May 16, 2006, this Board held a public hearing on the petition, after publishing a
notice of such hearing and notifying by mail all owners of property within 500 feet of the
subject property at least 10 days prior to the public hearing. That meeting was continued
to the Board's meeting of June 6, 2006.
On June 6, 2006, the public hearing on this matter was continued to the Board's meeting
of June 20, 2006.
On June 20, 2006, the public hearing on this matter was heard.
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.
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.
File No.: PUD-05-009/RZ-05-010
June 20, 2006
Resolution No. 06-155
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20. 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.
21. 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.
22. The proposed project will be served by adequate public facilities and services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 51. Lucie
County, Florida:
SHORELINE VARIANCE
A. The petition for a Variance from the Provisions of Section 6.02.02(C) of the 51. Lucie
County Land Development Code - Indian River setback standards, submitted by Tailers' Cove
Development, LLC., is granted for the property described in Part "B" below.
CHANGE IN ZONING
B. The proposed Change in Zoning from the HIRD (Hutchinson Island Residential District)
Zoning District to the PUD (Planned Unit Development- Tailers' Cove) Zoning District, owned by
Tailers' Cove Development, LLC., is hereby granted for the following described property:
2/11-37-41 FROM NW COR GOV LOT 1 SEC 11 RUN N 89 DEG 30 M IN W 57 FT TO SE COR
TRACT G, TH N 22 DEG26 MIN W ALG EL Y LI TRACT G 712.8 FT TO N LI TRACT G, TH N
89DEG 53 MIN W TO W R/W A1A FOR POB, TH CONT W ON SAME BEARING TOIND RIV,
TH MEANDER SHORE S EL Y TO PT 400 FT DUE S OF N LI OF TRACT G, TH E TO W R/W
A1A, TH N WLY ALG W R/W 433.11 FT MIL TO POB (OR 2022-554). (Tax ID#: 4502-801-
0008-000/8)
(Location:
West side of South SR A-1-A, directly across from the Atlantis
Condominiums and Claridge-by-the-Sea Condominium)
SITE PLAN
C. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Final
Site Plan for the project to be known as Tailers' Cove - A Planned Unit Development, is
hereby approved as shown on the site plan drawings for the project prepared by Culpepper &
Terpening, Inc., dated June March 27, 2006, and date stamped received by the St. Lucie County
Growth Management Director on June 6, 2006, for the property described in Part "B" above,
subject to the following conditions:
File No.: PUD-05-009/RZ-05-010
June 20. 2006
Resolution No. 06-155
Page 4
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1.
Pursuant to Section 3.01.03(AA)(7)(A) of the St. Lucie County Land
Development Code, the first ten (10) units of this project will be subject to
only the standard road impact fee for the type of proposed construction.
The remaining fourteen units will be subject to the Alternate Development
Fee of $13,697 per dwelling unit, which includes the required road impact
fee. All 24 units will be subject to all other required impact fees and any
other fee or assessment that St. Lucie County may lawfully assess.
2.
The Final Plat for the Tailers' Cove - PUD shall not be recorded until
constructible engineering plans are approved, and all common
improvements are either:
a. built and accepted or approved by St. Lucie County; or
b. appropriate security is provided to St. Lucie County in a form
approved by the County Attorney and an amount approved by the
County Engineer, including an amount necessary to cover the
period of maintenance required by the Land Development Code.
3.
No final site plan construction Development Permits order shall be issued
by the County until complete sets ofsealed constructible final engineering
plans, supporting calculations and survey data for all site work and offsite
improvements are submitted to the County and approved by the Public
Works Department, Utilities Department, Environmental Resources
Department, Growth Management Department, St. Lucie County Fire
District, and any other agency or County Department that may be
determined by the Director of Growth Management to be necessarily
involved in the review and approval ofthe constructible final engineering
plans for the site work and offsite improvements. The determination of
whether or not plans submitted by the applicant constitute a complete set
of constructible plans shall be made by the departments involved in the
plan review within five business days of the date the plans are received in
the Department of Growth Management.
4.
Prior to final plat approval, the developer, his successors or assigns, shall
provide a revised site plan identifying the locations and separate sizes of
each preserve area, including the native upland habitat preserves, the
wetland preserves, and the buffer preserves.
5.
Prior to final plat approval, a revised PAMP (Preserve Areas Management
Plan) (reflecting all changes requested by the South Florida Water
Management District or other Federal 0 State permitting authority) shall be
provided to the St. Lucie County Environmental Resources Department, as
well as for the future Home Owners Association.
File No.: PUD-OS-009/RZ-05-010
June 20, 2006
Resolution No. 06-155
Page 5
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6.
Prior to Final Plat approval, a signed and recorded copy of the
Conservation Easement over all areas of the property that have been
identified for conservation or use restriction, shall be submitted to St.
Lucie County after recordation by the St. Lucie County Clerk ofthe Courts.\
7. The hours of operation for construction activities shall be limited to the
time period from 7 A.M. to 5:30 P.M., Monday through Friday and 7 A.M. to 1
P.M. on Saturdays. No construction shall take place on Federally
recognized Holidays.
GENERAL
D. This Preliminary and Final Planned Unit Development Site Plan approval shall expire on
June 20, 2008, unless a building permit is issued or an extension is granted in accordance with
Section 11.02.06(8)(3), St. Lucie County Land Development Code.
E. The Preliminary and Final Planned Unit Development Site Plan approval granted under
this Resolution is specifically conditioned to the requirement that the petitioner, Tailers' Cove
Development, LLC, 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 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 or authorizations to commence development
activities on the property described in Part B.
F. A Certificate of Capacity, a copy of which is attached to this Resolution as Exhibit "B",
was granted by the Director of Growth Management on June 20, 2006, which certificate shall
remain valid for the period of Site Plan approval or any extension granted thereto.
G. A copy of this resolution shall be attached to the site plan drawings described in Section
A, which plan shall be placed on file with the St. Lucie County Growth Management Director.
H. The St. Lucie County Growth Management Director is hereby authorized and directed to
cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County,
Florida, and to make notation of reference to the date of adoption of this resolution.
I. The Director of Growth Management shall coordinate the issuance of further site
Development Permits. No final site construction authorizations or site Development Permits
shall be issued until all requirements for such permits are met.
J. A copy of this resolution shail be mailed, return receipt requested to the developer and
agent of record as identified on the site plan applications.
K. This resolution shall be recorded in the Public Records of St. Lucie County. The
recording of this resolution does not authorize the commencement of anyon-site developrnent
activities without obtaining such further development permits as may be required. All applicable
File No.: PUD-05-009/RZ-05-010
June 20, 2006
Resolution No. 06-155
Page 6
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conditions of approval as set forth above, and all applicable code requirements must be met to
satisfaction of the County before final site construction permits are issued.
After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward
AYE
Vice-Chairman Chris Craft
AYE
Commissioner Paula A. Lewis
AYE
Commissioner Joseph E. Smith
AYE
Commissioner Frannie Hutchinson
ABSENT
PASSED AND DULY ADOPTED this 20th Day of June 2006.
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File No.: PUD-05-009/RZ-05-010
June 20, 2006
Resolution No. 06-155
Page 7
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Exhibit "A"
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Location Maps and
Site Plan Graphics
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File No.: PUD-05-009fRZ-05-01 0
June 20, 2006
Resolution No. 06-155
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A petition of Tailers' Cove Development, LLC for Preliminary and Final Planned
Unit Development Approval for the Project to be known as Tailers' Cove - PUD
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Certificate of Capacity
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File No.: PUD-05-009!RZ-05-010
June 20, 2006
Resolution No. 06-155
Page 10
St Lncie (onnt\'
Cerlilïcatc of paci!)
Date 6/20/2006
Certificate No. 2486
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 5t
Lucie Countv Comprehensive Plan for:
1. Type of development Preliminary and Fina1 PUD
Number of units 24
Number of square feet
2. Property legal description & Tax ID no.
4502-801-0008-000/8
W side S A-1-A, across from Atlantis
Tailers' Cove· PUD
3. Approval: Buildin(
Reso!ution No. 06-155
Letter
4, Subject to the following conditions for concurrency:
See Resolution 06-155
Owner's name
Tailers' Cove Development
Address
801 Brickell Avenue, Suite 2380
Miami
FL 33131
6. Certificate Expiration Date 6/20/2008
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 properly, use and size as described herein.
Signed
þ~ ¡'(-1
Date: 8/14/2006
Growth Management Director
5t Lucie County, F!orida
Monday, August 14,2006
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