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HomeMy WebLinkAbout07-012 "\ ( , ' ,I, ' EDWIN M FRY J SAI~'T LUCIE C'O~N~~ERK OF THE CIRCUIT COURT FILE # 3018153 :);;'!28.'2007 at 0422 PM OR BOCK 27f:·g FJAGF ~734 . RECORDING $:'300 - '- - 2742 Doc Type: RESO " .,~ I... ';1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. 07-012 FILE NO.: MJSP-06-004 A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS THE MERIDIAN AT NORTH HUTCHINSON ISLAND. WHEREAS, the Board of County Commissioners of 51. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Greenwood Development Corporation of Florida. Inc. , has applied for major site plan approval for the project to be known as The Meridian at North Hutchinson Island located on the northeast corner of the intersection of North A-1-A and 5horewinds Drive consisting of 104 residential condominium units located in the HIRD (Hutchinson Island Residential District) and described in Part B. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements of the 51. Lucie County Land Development Code and to be consistent with the future land use maps from the 51. Lucie County Comprehensive Plan. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of review of the 51. Lucie County Land Development Code, the 51. Lucie County Comprehensive Plan, and the Code of Ordinances of 51. 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 by adequate public facilities and services. 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, 51. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 51. Lucie County, Florida: File No.: MJSP-06-004 February 14, 2007 Resolution No. 07-012 Page 1 I A. 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Pursuant to 5ection 11.02.05 of the 51. Lucie County Land Development Code, the site plan for the project to be known as The Meridian at North Hutchinson Island, is hereby approved as depicted on the site plan drawings for the project prepared by Culpepper and Terpening, Inc., dated May 3, 2006, and date stamped received by the 51. Lucie County Growth Management Director on November 6, 2006, for the following described property below, subject to the following conditions: 1. Prior to the issuance of any buildings permits for the proposed Meridian at North Hutchinson Island, the developer, his successors or assigns, has agreed to pay, and the County has agreed to accept, $100,000.00 in lieu of any Road Impact Fees and the Alternate Development Fee, such funds to be used by the County for improvements on North Hutchinson Island. The developer, his successors or assigns, shall not be responsible for any additional Road Impact Fee payments to 51. Lucie County. All 104 units will be subject to all other required impact fees and any other fee or assessment that 51. Lucie County may lawfully assess. 2. No construction Development Permits shall be issued by the County until complete sets of sealed 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, 51. 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 of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not pians 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. 3. Prior to approval of a Notice of Vegetation Removal, ERD must be provided with the final Beach and Dune Restoration Plan and documentation showing that FDEP has approved of the plan. 4. Prior to approval of a Notice of Vegetation Removal, the applicant shall provide finai copies of the Preserve Area Monitoring and Management Plan (PAMP), 5ea Turtle Protection Plan (5TPP), site plan, and landscape plan, showing the final alignment of the proposed dune walkover. It is important that these documents show the correct, final alignment, so that contractors and future residents are aware of what exactly has been permitted to be constructed on the dune and through the dune scrub habitat. 5. Prior to approval of a Notice of Vegetation Removal, a revised Preserve Area Monitoring and Management Plan (PAMP) shall be provided to 5LC. The revised PAMP shall include typical drawings of the dune crossovers, including a cross-sectional view of the structure in relation to the dune elevation and vegetation. 5LC and FDEP must approve of the proposed crossovers prior to Vegetation Removal Permit issuance. File No.: MJSP-06-004 February 14, 2007 Resolution No. 07-012 Page 2 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 6. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall submit to SLC a revised PAMP, including the following revisions: a. On page 2, the revised PAMP still refers to Figure 4 for a map of the site's proposed preserve areas; figure 4 shows the site plan and does not delineate the site's preserve areas. Please correct the PAMP such that it refers to the final, correct maps of the site's preserve areas. b. The dune crosswalks shown in the Landscape Plan and Lighting Plans still differ from those shown on the PAMP, Sea Turtle Protection Plan, and Site Plan. Please make these plans consistent, as we've been requesting since our original comments were submitted in April 2006. c. Additionally, the PAMP has now been revised such that portions of the Dune Preservation Zone previously shown as being protected by silt fences during construction would now be unprotected. It appears from the Landscape Plans that the applicant does still intend to enhance areas of existing vegetation and to re-plant un-vegetated areas within the Dune Preservation Zone. Therefore, the PAMP should just be corrected such that the entirety of the Dune Preservation Zone is shown as being protected by silt barriers. 7. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall submit to SLC a copy of the Conservation Easement document, dedicated in favor of SLC, covering the site's Dune Preservation Area. At a minimum, the documents shall include: 1) signed draft conservation easement, 2) site plans or map of conservation easement areas, and 3) legal description and number of acres of conservation easement. Within 60 days of issuance of a permit a recorded copy of the easement document will be required to be submitted. 8. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall submit to SLC a copy of the Homeowners Association Guidelines. The guidelines, at a minimum, should specify restrictions on any encroachment into the Dune Preserve Area as well as restrictions on vegetation removal outside the building pad areas. The documents should specifically identify all responsible parties associated with the long-term maintenance of the common open space areas, including the Dune Preservation Area. At a minimum the documents shall include: a. Language which notifies prospective property owners that the association property includes preservation areas which are protected under conservation easements; and b. Language which informs the prospective property owners that the preservation areas may not be altered from their natural{ permitted condition with the exception of: exotic vegetation removal, or restoration in accordance with the restoration plan that shall be referenced in the conservation easement. 9. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall conduct a pre-clearing meeting with the applicant's environmental consultant, the land clearing contractors, and Environmental Resources Department (ERD) staff to discuss listed species and habitat File No.: MJSP-06-004 February 14, 2007 Resolution No. 07-012 Page 3 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 12. 13. 14. 15. 16. protection guidelines during construction. ERD shall also be contacted for a site inspection to be certain that the silt fencing is at least 25 feet west of all gopher tortoise burrows. 10. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised Sea Turtle Protection Plan (STPP) and Lighting Plan, clearly demonstrating that all proposed lighting shall be of a type that is not disruptive to sea turtles and not directly visible from the beach. Lighting shown in the STPP shall include not only exterior lighting, but also any proposed balcony or stairway lighting. 11. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised Sea Turtle Protection Plan (STPP) and Lighting Plan, clearly demonstrating that all proposed lighting shall be of a type that is not disruptive to sea turtles and not directly visible from the beach. Specifically, the Lighting Plan shall be revised such that the wall- mounted incandescent luminaries currently proposed shall be moved on the plans to locations where they would not be directly visible from the beach. Instead of incandescent bulbs, these fixtures should use small 10 and 18-watt low pressure sodium fixtures. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised Sea Turtle Protection Plan (STPP), including a specific schedule of the proposed development periods. Please be sure the schedule concentrates construction to the greatest extent possible to the non-nesting/hatching season (Nov. 16 thru Feb. 29). Coastal development occurring during any portion of the nesting season (March 1 thru Nov. 15) shall be conducted during daylight hours only. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised Sea Turtle Protection Plan (STPP), wherein the proposed dune crosswalks are shown consistent with the approved site plans. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a copy of the Homeowners Association documents. The STPP requirements shall be incorporated into the Association's "Declaration of Covenants, Conditions, and Restrictions". Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised STPP, including a plan view depicting all structures proposed for construction and a schedule of the proposed development periods. Prior to approval of a Notice of Vegetation Removal, the developers, their successor or assigns, shall provide ERD with a revised PAMP, including the following revisions to the proposed Sea Turtle Information signs: File No.: MJSP-06-004 February 14, 2007 Resolution No. 07-012 Page 4 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 B. 20 21 22 23 24 25 26 27 28 C. 29 30 31 32 33 34 D. 35 36 37 38 39 40 41 42 43 E. 44 45 46 47 a. Signs should provide contact numbers for the SI. Lucie County ERD (772- 462-2526) and Florida Fish and Wildlife Conservation Commission (561-575- 5408), instead of the Environmental Consultant's contact information. b. Signs should give the correct dates for sea turtle nesting/hatching season, which are March 1 through November 15, per SI. Lucie County code. 17. Prior to the issuance of a Certificate of Occupancy, the developers, successor or assigns shall demonstrate that damages to Shorewinds Drive have been repaired to County standards and overlayed. 18. The hours of operation for construction activities shall be limited to the time period from 7:00 A.M. to 5:30 P.M., Monday through Friday, 7:00 A.M. to 1 :00 P.M. Saturday and no work on Sundays. No construction shall take place on Federal Holidays. The hours of operation restrictions do not apply to sales activities. In the event the County adopts uniform hours of operation for construction activities that apply county wide, then such hours of operation shall supersede the hours of operation set forth herein. The property on which this Major Site Plan is being approved is described as follows: CORAL COVE BEACH-SECTION ONE- TRACTS C, D, E AND F AND THAT PART OF TRACT G L YG S OF LlI/ TO AND 500 FT N OF S LI OF SID (10.15 AC) (OR 2282- 2858; 2282-2861)) Property Tax I.D. # 1425-701-0206-000-4 (Location: Northeast corner of the intersection of North A-1-A and Shorewinds Drive) The approvals and authorizations granted by this Resolution are for the purpose of obtaining building permits on this property, shall expire on February 20, 2009, unless the developer has obtained building permits for the site plan described in Part A or an extension has been granted in accordance with Section 11.02.06, SI. Lucie County Land Development Code. The Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioners, Greenwood Development Corporation of Florida, Inc., 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 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. The Certificate of Capacity, a copy of which is attached to this resolution, 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 SI. Lucie County Land Development Code, a new certificate of capacity shall be required. File No.: MJSP-06-004 February 14. 2007 Resolution No. 07-012 Page 5 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 F. 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 SI. Lucie County Growth Management Director. G. The SI. 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 SI. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. H. 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. I. A copy of this resolution shall be mailed, return receipt requested to the developer and agent of record. This resolution shall be recorded in the Public Records of SI. Lucie County. The recording of this resolution does not authorize the commencement of any on-site development activities without obtaining such further development permits as may be required. All applicable 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 Chris Craft AYE Vice-Chairman Joseph E. Smith AYE Commissioner Doug Coward AYE Commissioner Charles Grande AYE Commissioner Paula A. Lewis AYE PASSED AND DULY ADOPTED this 20th day of February 2007. File No.: MJSP-06-004 February 14, 2007 Resolution No. 07-012 Page 6 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 .- ./ ", ~\ , , ATTEST .'\ \ '.. \ß!" íj \i , , , /,', " '-.......---------" ;'/' ". ^", '.: ~ ~'-',,~>' ~duh~¿ Deputy Clerk we File: H:/ RES06004 Meridian MJSP.doe File No.: MJSP-06-004 February 14, 2007 BOARD OF COUNTY COMMI~$JQNERS ST. LUCIE COUNTY, F¡¿,()Ri])~ .. ,:"'", <\" t," '.::, .-,1 . /;':\ ...- '\:>;. BY ~'\~ ~¡\ I APPROVED AS TO FORM AND CORRECTNESS / ) '. ~;.> / ~ ~.-'~ 4, ì / //~~- " " County Attorne~ Resolution No. 07-012 Page 7 I Exhibit A 2 3 4 Certificate of Capacity 5 6 7 8 9 10 II 12 13 14 15 16 17 18 File No.: MJSP-06-004 February 14, 2007 Resolution No. 07-012 Page 8 ,,- -. J:' _ COUNTY . F LOR I D A - . ,. CERTIFICATE OF CAPACITY 2300 Virginia Avenue Ft. Pieree, FL 34982 (772)-462-2822 Date: 12/22/2006 Certificate No. 2570 ,This document certifies that concurrency wiD 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 104 multi-family condominium Number of units 104 Number of square feet 2. Property legal description & Tax ID no. 142570102060004 NE corner of N A1A & Shorewinds Dr. Meridian @ North Hutchinson Island 3. Approval: Building Permit 4. Subject to the following conditions for concurrency: See 17 conditions in Res. No, 07-012. , , Resolution No. 07-012 Letter Owner's name Greenwood Development Corp Address 104 Maxwell St Greenwood SC 29646 6. Certificate Expiration Date 2/20/2009 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. IH'~ ~ c.-,! ~b...~~Signed r;al'~ -1 Growth Management Director: St Lucie County, Florida Date: 2/21/2007 IlIll000ÆJ.{ j2¡Q//t.£' Concurrency Review by: Signed ø~- ~ Date: 2/21/2007 Wednesday, February 21, 2007 Page 1 of 1