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1 RESOLUTION NO. 07-291
2 FILE NO.: MJSP 82007 1304
3
4
5 A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL AND
6 CERTIFICATE OF CAPACITY ON 26.44 ACRES LOCATED ON NORTH
7 HUTCHINSON ISLAND APPROXIMATELY 3 MILES NORTH OF THE
8 FORT PIERCE INLET STATE RECREATION AREA, FOR THE
9 DEVELOPMENT OF A 16 SINGLE-FAMILY LOT SUBDIVISION FLAN
10 ON BOTH SIDES OF STATE HIGHWAY A1A.
11
12 WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the
13 testimony and evidence, including but not limited to the Staff Report, has made the following
14 determinations:
15
16 1. The Petitioner, Acorn Development, is proposing the development of a 16 single-family
17 lot subdivision on both sides of State Highway A 1A, approximately 3 miles north of The
18 Fort Pierce Inlet State Recreation Area. The project is to be known as Queens Island
19 Preserve.
20
21 2. The Development Review Committee has reviewed the application for the Major Site
22 Plan and found it to meet all technical requirements and to be consistent with the future
23 land use maps of the S1. Lucie County Comprehensive Plan. The proposed project is
24 consistent with the general purpose, goals, objectives and standards of the S1. Lucie
25 County Comprehensive Plan and S1. Lucie County Land Development Code.
26
27 3. The proposed project will not have an undue adverse effect on adjacent property, the
28 character of the neighborhood, traffic conditions, parking, utility facilities or other
29 matters affecting the public health, safety, and general welfare.
30
31 4. All reasonable steps have been taken to minimize any adverse effect on the proposed
32 project on the immediate vicinity through building design, site design, landscaping and
33 screening.
34
35 5. The proposed project will be constructed, arranged and operated so as not to interfere
36 with the development and use of neighboring property, in accordance with applicable
37 district regulations.
38
39
40 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie
41 County, Florida:
42
43 A. Pursuant to Section 11.02.04 and Section 11.02.09 of the S1. Lucie County Land
44 Development Code, the Major Site Plan for the development of a 16 single-family lot
45 subdivision to be known as Queens Island Preserve, is hereby approved as depicted in the
46 documents received by the S1. Lucie County Growth Management Director on August 3, 2007
47 and as modified on September 10, 2007, subject to the following conditions:
48
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 312777910/31/2007 at 04:19 PM
OR BOOK 2899 PAGE 1719 - 1731 Doc Type: RESO
RECORDING: $112.00
Resolution No. 07-291
File No.: MJSP #820071304
October 9, 2007
Page 1
1 1. Prior to the issuance of a Vegetation Removal Permit street addresses for the property
2 will be provided.
3
4 2. Prior to the issuance of a Vegetation Removal Permit archeological monitoring shall be
5 conducted during vegetation removal and archaeological testing of that portion east of
6 A1A once the vegetation is removed, and the applicant will supply the State Division of
7 Historical Resources with an addendum cultural resource report following the
8 archaeological monitoring and testing in order for them to complete their review.
9
10 3. Prior to the issuance of a Vegetation Removal Permit depicts all easements, including
11 however not limited to environmental, utility and storm water shall be conveyed per
12 County plat requirements and, accordingly, included in the final Declaration of
13 Covenants, Conditions and Restrictions for Queens Island Preserve.
14
15 4. Prior to the issuance of a Vegetation Removal Permit the Applicant shall provide to the
16 S1. Lucie County Surveyor written documentation from the Florida Department of
17 Environmental Protection, Bureau of Surveying and Mapping that no sovereign
18 submerged lands exist within the property.
19
20 5. Prior to the issuance of a Vegetation Removal Permit the Applicant shall provide
21 written documentation of the methodology determining the acreage of the submerged
22 lands within the property to the west of State Highway A1A and how the mean high
23 water line was determined.
24
25 6. All improvements shall be constructed or bonded prior to the plat being recorded.
26
27 7. Prior to the issuance of a Vegetation Removal Permit the Applicant shall dedicate to
28 S1. Lucie County, free and clear of any liens and encumbrances, all lands within the
29 property on the west side of Highway A 1A, west of the 50 foot Upland Buffer.
30
31 8. Prior to the issuance of a Vegetation Removal Permit the Applicant shall receive
32 approval from the S1. Lucie County Bureau of Fire Prevention for the proposed
33 modification to the existing fire hydrant serving the Paragon Condominium. The District
34 also requires that the Applicant add a note to the Site Plan stating that the proposed
35 residences will be fire sprinklered and the same be recorded as part of the
36 Development Order.
37
38 9. Prior to the issuance of a Vegetation Removal Permit the Applicant shall obtain a S1.
39 Lucie County Storm Water Permit and an Environmental Resource Permit from the
40 Florida Department of Environmental Protection.
41
42 10. All proposed walking paths shall be in compliance with the Americans with Disabilities
43 Act Accessibility Guidelines.
44
45 11. Prior to the issuance of a Vegetation Removal Permit the Applicant shall provide
46 supporting documentation that they have obtained an approved Environmental
47 Resource Permit from the Florida Department of Environmental Protection. Should the
48 wetland jurisdictional line differ from the line shown on the boundary survey submitted
49 or the FDEP non-binding jurisdictional determination, then any new relevant
October 9,2007
Page 2
Resolution No. 07-291
File No.: MJSP #820071304
1 information shall be submitted to ERD and the wetland buffer on the site plan must be
2 modified appropriately to reflect the jurisdictional line and the County mandated 50 foot
3 buffer.
4
5 12. Prior to the issuance of a Vegetation Removal Permit the Applicant shall provide an
6 approved permit from FDEP for the proposed dune crossovers along with final
7 drawings of the proposed dune crossovers including a cross-sectional view of the
8 structures in relation to the dune elevation and vegetation.
9
10 13. Prior to the issuance of a Certificate of Occupancy for each residence the rope and
11 bollard barrier to limit access to the dune shall be installed.
12
13 14. Prior to the issuance of a Vegetation Removal Permit, the applicant shall revise the
14 Preserve Area Management and Monitoring Plan (PAMMP) to explain as to how future
15 overwashes and storm breaches will be prevented/avoided/repaired, as well as how
16 the proposed oceanfront homes will be protected and submit a summary of methods
17 proposed to prevent scarp formation on the seaward face of the dune. Although
18 overwashes, storm breaches, and scarp formations are oftentimes natural
19 phenomena, the applicant has included the beach area as a part of its preserve area,
20 which shall be maintained in perpetuity, as stated in the PAMMP provided. Also,
21 previous years storms have shown that overwashes in some cases completely destroy
22 natural areas and structures landward of the primary dune. Proposed preserve areas
23 must be restored and maintained following such events. SLC Comp Plan clearly states
24 in Goal 7.2 that the County will strive to protect people and property from the effects of
25 hurricane storm damage and will review future development proposals with that goal in
26 mind. In addition, the dune preservation zone and associated coastal scrub in this
27 project area has been identified as a Strategic Habitat Conservation Area for the
28 threatened Southeastern Beach Mouse by the FWCC, making protection and
29 preservation of this area especially important for listed species as well as for protection
30 of private property.
31
32 15. Prior to the issuance of the first SLC building permit for this project, the applicant shall
33 have planted the entire dune preservation area as needed, per the submitted PAMMP.
34 Restored beaches (including re-vegetation) shall, to the maximum extent possible,
35 resemble the characteristics of pre-existing or adjacent natural beaches in terms of
36 sediment grain size, compaction, and beach slope. Restored and stabilized dunes shall,
37 to the maximum extent possible, be similar in appearance to pre-existing or adjacent
38 natural beaches in terms of profile, vegetation and sediment characteristics. Once the
39 vegetation has become established, all irrigation shall cease and all associated
40 equipment shall be removed from the dunes. The design and operation of sprinkler or
41 irrigation systems shall not interfere with the normal development of sea turtle eggs in
42 the nests or adversely affect emergent hatchlings. The dune will be restored to FDEP
43 mandated elevations and replanted so as to achieve 100% coverage consisting of Sea
44 Oats, Sea Grapes, and Saw Palmettos and/or other native salt and drought tolerant
45 vegetation. If dune preservation plantings will occur during sea turtle season (March 1-
46 November 15), then the dune planting plan should be included in the STPP with
47 information concerning efforts that will be made to minimize impacts to nesting sea
48 turtles. Restoration activities conducted during sea turtle season will, in many cases,
October 9, 2007
Page 3
Resolution No. 07-291
File No.: MJSP #820071304
1 necessitate that a sea turtle biologist be present each day to survey and mark nests that
2 occur in the area of restoration/construction.
3
4 16. Since the field surveys for this project were conducted 7/19/04, over three years ago and
5 prior to two significant hurricane events that occurred in this county, and some of the
6 species which may nest or burrow on-site would require more species-specific surveys
7 in order to determine whether or not they are present, prior to approval of a vegetation
8 removal permit for any portion of the Queen's Island Preserve site, the developers, their
9 successor or assigns, shall submit to S1. Lucie County Environmental Resources
10 Department up-to-date species-specific survey results conducted per Florida Fish and
11 Wildlife Commission and the U.S. Fish and Wildlife Service guidelines regarding listed
12 species resident on or otherwise is significantly dependent upon (i.e.; gopher tortoise,
13 sea turtles, beach mouse, indigo snake) the subject parcel of land. Per Comprehensive
14 Plan Policy 8.1.8.10, if listed species are observed on-site, appropriate protection to the
15 satisfaction of all parties shall be provided prior to approval of the development.
16 Updated survey results should be provided to St. Lucie County, FWS, and FWC for
17 further guidance on avoidance and minimization of impacts.
18
19 17. Prior to the issuance of the Certificate of Occupancy for each building constructed on
20 this site a night-time lighting inspection shall be conducted by SLC ERD. All Lighting not
21 in compliance with Chapter 6.04.02 will be brought into compliance or removed.
22
23 18. Prior to the issuance of all Certificate of Occupancies within the Queen's Island Preserve
24 community each residence shall be provided a copy of the Preserve Area Management
25 and Monitoring Plan, the Florida Yards & Neighborhoods Guide to Florida Friendly
26 Landscaping, and the Declaration of Covenants, Conditions and Restrictions for Queen's
27 Island Preserve and at the time that the Association is turned over from the developer to
28 the residents a copy of each document shall be provided to the Homeowner's
29 Association.
30
31 19. Prior to the issuance of a Vegetation Removal Permit, an executed (signed) and
32 recorded copy of the conservation easement document must be provided. Following
33 Major Site Plan Approval, the Applicant will work with the County Attorney's office to
34 draft a form acceptable to both, at a minimum, the conservation easement, made in
35 favor of St. Lucie County, shall cover all preserve areas and include a copy of the site
36 plan or a map of areas to be covered by conservation easement, and a legal description
37 and number of acres covered by the conservation easement. Please be sure to include
38 the following statements 1) The Queens Island Preserve Homeowners Association, Inc.
39 shall maintain in perpetuity, the lands dedicated as a conservation easement in
40 accordance with the approved Preserve Area Management and Monitoring Plan, revised
41 (insert date). Further, the Queens Island Preserve Homeowners Association, Inc.
42 agrees that it shall take private enforcement action against any member of the Queens
43 Island Preserve Homeowners Association, Inc. who violates the rules relating to
44 use/maintenance of the designated easement." and 2) "Preserve Areas shall be
45 maintained in perpetuity by the Queens Island Preserve Homeowners Association, Inc.
46 and a qualified maintenance company. Such maintenance shall include, but is not
47 limited to, exotic vegetation removal, replanting with appropriate native vegetation, vine
48 control, and removal of trash and debris. Maintenance schedule should be so as to
October 9,2007
Page 4
Resolution No. 07-291
File No.: MJSP #820071304
1 keep the preserve areas ecologically functional and high quality, as well as a minimum
2 90% free of exotic vegetation."
3
4 20. The Environmental Resources Department recommends that the St. Lucie County
5 Board of County Commissioners consider approving this project with a condition of
6 approval that the Applicant redesign the site to eliminate the internal driveway,
7 servicing the proposed lots on the east side of A1A, replace with five combined
8 driveways, each driveway serving 2 lots, directly off A1A and shift the ten proposed
9 lots as far westward as possible. The Applicant would then reschedule a pre-
10 application meeting with the Florida Department of Transportation and present an
11 alternative plan showing the shared driveway. Should the FDOT deny the alternative
12 plan then the plan with the one entrance off A1A will be considered the only
13 permissible layout and therefore be approved by the Board.
14
15 21. Should the SLC BOCC require a site plan revision, a condition of approval shall be that
16 prior to the issuance of a SLC vegetation removal permit, the applicant shall revise the
17 Dune Preservation Area, Conservation Easement, and Preserve Area Management Plan
18 to reflect the final dune preservation zone delineation.
19
20 22. Prior to the issuance of the first SLC building permit for this project, the applicant shall
21 provide verification that FDEP has agreed with the delineation of the Dune Preservation
22 Zone, including applicant's surveyed elevations, as this verification will confirm that the
23 area of Dune Preservation Zone meets the County dune elevation requirements.
24
25 23. The Applicant shall follow the procedures as outlined in Section 11.03.00 Procedure for
26 Platting of the S1. Lucie County Land Development Code as a condition of the Final
27 Development Order and approved by the Board of County Commissioners.
28
29 24. The developer, his successors or assigns, are not relieved from the responsibility of
30 obtaining the necessary permits required by Federal, State, and Local jurisdictional
31 agencies not mentioned within this resolution.
32
33 B. The property on which this Major Site Plan approval is being granted is described as
34 follows:
35
36 PARCEL 2
37
38 THE NORTH 600 FEET OF THE SOUTH 800 FEET TO GOVERNMENT LOT 3,
39 IN
40 SECTION 14, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY,
41 FLORIDA, LESS AND EXCEPTING THEREFROM, THE RIGHT-OF-WAY FOR
42 STATE ROAD A-1-A.
43
44 PARCEL 3
45
46 THE SOUTH 200 FEET OF GOVERNMENT LOT 3, LYING EAST OF STATE
47 ROAD A-1-A, SECTION 14, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST.
48 LUCIE COUNTY, FLORIDA.
49
October 9, 2007
Page 5
Resolution No. 07-291
File No.: MJSP #820071304
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C. This Major Site Plan Approval shall expire on October 8, 2009, in accordance with
Section 11.02.06(A)(1), of the St. Lucie County Land Development Code (LDC), unless an
extension is granted in accordance with Section 11.02.06(8)(2), of the LDC.
D. The Major Site Plan approval granted under this Resolution is specifically conditioned
to the requirement that the Petitioner, Acorn Development, 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.
E. The conditions set forth in Part A are an integral non-severable part of the 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 conditional use approval granted by this Resolution shall become null and
void.
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 S1. Lucie County Growth Management Director.
G. A copy of this Resolution shall be mailed, return receipt requested to the developer
and agent of record as identified on the site plan applications.
H. This Resolution shall be recorded in the Public Records of St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chairman Chris Craft Aye
Vice-Chairman Joseph E. Smith Nay
Commissioner Doug Coward Aye
Commissioner Charles Grande Nay
Commissioner Paula A. Lewis Aye
PASSED AND DULY ADOPTED this 9th day of October, 2007.
October 9, 2007
Page 6
Resolution No. 07-291
File No.: MJSP #820071304
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B
ATTEST
October 9, 2007
Page 7
Resolution No. 07-291
File No.: MJSP #820071304
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8 Exhibit A
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11 Maps
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October 9,2007
Page 8
Resolution No. 07-291
File No.: MJSP #820071304
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Legend
Subject property
A petition of Queens Island Preserve for MajorSite Plan Approval for a 16 lot subdivision
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October 9, 2007
Page 9
Exhibit B
Certificate of Capacity
Resolution No. 07-291
File No.: MJSP #820071304
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_ ._~_.__u_~ ._ .
CERTIFICATE OF CAPACITY
2300 Virginia Avenue
Ft. Pierce, FL 34982
(772)-462-2822
Date: 10/5/2007
Certificate No. 2675
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 16 lot Single-Family Subdivision
Number of units 16
Number of square feet
2. Property legal description & Tax ID no.
141434000040007; 141434000060001; 141434000030000; 141434000050004; 141434000050107
North Hutchinson Island
Queens Island Preserve
Queens Island Preserve
3. Approval: Building Permit
4. Subject to the following conditions for concurrency:
Resolution No. 07-291
Letter
Owner's name
Acorn Real Estate LLC
Address
1570 SE 14th Ct
Deerfield Bch
FL 33441
6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the
Development Order. Section 5.08.04(B), St. Lucie County Land Development Code.
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.
-.M lUl< Sal±tt:.I t.t
Growth Management Director:
St Lucie County, Florida
Signed
Date: 10/5/2007
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Concurrency Review by:
Signed~
Date: 10/5/2007
Friday, October 05, 2007
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