HomeMy WebLinkAbout07-134
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RESOLUTION NO. 07-134
File Number: PMUD-06-002
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA GRANTING PRELIMINARY PLANNED
MIXED USE DEVELOPMENT (PMUD) SITE PLAN APPROVAL FOR
THE PROJECT TO BE KNOWN AS GRANDE BEACH-PMUD;
PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL
SUBJECT TO CONDITIONS; PROVIDING FOR APPLICABILITY TO
THE DESCRIBED AFFECTED PROPERTY; PROVIDING FOR
EXPIRATION; PROVIDING FOR ADDITIONAL PERMITTING;
PROVIDING FOR ENFORCEMENT OF CONDITIONS; AND PROVIDING
FOR A RECORD FILE LOCATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based
on the testimony and evidence, including but not limited to the staff report, has made
the following determinations:
1. Grande Beach North Hutchinson Island, LLC, presented a petition for a
Change in Zoning from the CG (Commercial, General) Zoning District to the
PMUD (Planned Mixed Unit Development - Grande Beach) Zoning District
and Preliminary Planned Mixed Use Development for certain property in S1.
Lucie County, Florida, the purpose of which is to receive Preliminary Planned
Mixed Use Development Site Plan Approval for a 70-unit multiple family
condominium and 16,930 square feet commercial center to be known as
Grande Beach - PMUD for property located on the west side of State Road A-
1-A at the northwest corner of the intersection of State Road A-1-A and
Marina Drive.
2. On July 19, 2007, the S1. Lucie County Planning and Zoning Commission held
public hearings on the petition of Grande Beach North Hutchinson Island,
LLC after publishing a notice of such hearing in the Tribune and Port S1. Lucie
News and notifying by mail all property owners within 500 feet of the property
boundaries at least 10 days prior to the hearing and recommended to this
Board that the requested Change in Zoning form the CG (Commercial,
General) Zoning District to the PMUD (Planned Mixed Use Development)
Zoning District, be granted.
3. On September 20, 2007, at the request of the applicant, the S1. Lucie County
Planning and Zoning Commission held a second public hearing on the petition
of Grande Beach North Hutchinson Island, LLC after publishing a notice of
such hearing in the Tribune and Port S1. Lucie News and notifying by mail all
property owners within 500 feet of the property boundaries at least 10 days
prior to the hearing and recommended to this Board that the requested
November 6, 2007
File No.: PMUD-06-002
Resolution No. 07-134
Page 1
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1 Change in Zoning form the CG (Commercial, General) Zoning District to the
2 PMUD (Planned Mixed Use Development) Zoning District, be granted.
3
4 4. On November 6, 2007, this Board held a public hearing on the petition of
5 Grande Beach North Hutchinson Island, LLC, for Preliminary Planned Unit
6 Development approval for the project to be known as Grande Beach PMUD,
7 after publishing a notice of such hearing in the Tribune and the Port St. Lucie
8 News and notifying by mail all property owners within 500 feet of the subject
9 property.
10
11 5. The Development Review Committee has reviewed the Preliminary Planned
12 Unit Development site plan for the proposed project and found it to meet all
13 technical requirements and to be consistent with the future land use maps of
14 the St. Lucie County Comprehensive Plan, subject to the conditions set forth
15 in Part A of this Resolution.
16
17 6. Upon compliance with the proposed conditions, the proposed project is
18 consistent with the general purpose, goals, objectives and standards of the St.
19 Lucie County Land Development Code, the St. Lucie County Comprehensive
20 Plan, and the Code of Ordinances of St. Lucie County.
21
22 7. Upon compliance with the proposed conditions, the proposed project will not
23 have an undue adverse effect on adjacent property, the character of the
24 neighborhood, traffic conditions, parking, utility facilities or other matters
25 affecting the public health, safety and general welfare.
26
27 8. All reasonable steps have been taken to minimize any adverse effect of the
28 proposed project on the immediate vicinity through building design, site
29 design, landscaping and screening.
30
31 9. The proposed project will be constructed, arranged and operated so as not to
32 interfere with the development and use of neighboring property, in accordance
33 with applicable district regulations.
34
35 10. The proposed project will be served by adequate public facilities and services.
36
37 11. Upon compliance with the proposed conditions, the applicant has
38 demonstrated that water supply, evacuation facilities, and emergency access
39 are satisfactory to provide adequate fire protection.
40
41 12. The applicant has applied for and received a certificate of capacity, a copy of
42 which is attached to this order as Exhibit A, as required under Chapter V, St.
43 Lucie County Land Development Code.
44
45 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
46 St. Lucie County, Florida:
November 6, 2007
File No.: PMUD-06-002
Resolution No. 07-134
Page 2
1
2 A. Pursuant to Section 11.02.05(A) of the S1. Lucie County Land Development Code,
3 the Preliminary Planned Mixed Use Development Site Plan for the project to be
4 known as Grande Beach be, and the same is hereby, approved as shown on the
5 site plan drawings for the project prepared by Houston Cuozzo Group Inc. P.A.
6 dated July 1, 2005, subsequently revised through July 10, 2007, and date stamped
7 received by the S1. Lucie County Growth Management Department on August 3,
8 2007, subject to the following conditions:
9
10 1. Prior to Final Site Plan approval the site plan shall be modified to reflect a bicycle
11 lane along the frontage of the project as well as the required Florida Department
12 of Transportation right turn lane at the projects main entrance.
13
14 2. Prior to Final Site Plan approval the developer, successor or assignee shall
15 provide a copy of all easement releases from AT&T and Florida Power and Light
16 for encroachment of structures and dry detention areas into the AT&T and FPL
17 easements located on the property.
18
19 3. Prior to Final Site Plan approval the site plan shall be corrected and submitted to
20 the Growth Management Department with an indicated scale on the site plan
21 graphics that can be utilized.
22
23 4. Prior to the construction of any access control devices, the developer shall have
24 provided the St. Lucie County Fire District and the St. Lucie County Sheriff's
25 Department with adequate access control devices or keys to permit emergency
26 access to the property.
27
28 5. Prior to Final Site Plan approval the site plan shall be modified to clearly
29 delineate the location of the grass pavers as indicated in the legend on the
30 Preliminary Site Plan as grass pavers.
31
32 6. Prior to Final Site Plan approval the site plan shall be modified to provide the
33 technical specifications for the proposed pervious pavers.
34
35 7. Prior to Final Site Plan approval the site plan shall be modified to indicate the
36 location and typical pavement cross-section that meets or exceeds County
37 standards.
38 8. Prior to Final Site Plan approval the site plan shall be modified to indicate the
39 emergency access will be stabilized grass and gated for police and fire use only.
40 9. The Grande Beach PMUD community center shall be built to standards that
41 allow it to be utilized as a hurricane shelter. The proposed community center
42 shall be built with a) hurricane resistant glass; b) hurricane resistant doors; and
43 c) an emergency generator.
44
45 10. A condition of any final approval for this Planned Mixed Use Development shall
46 require that prior to the issuance of the 36th residential building permit 8,465
47 square feet of commercial use must be constructed and has been issued a
48 Certificate of Completion by the Building Department. An additional 7,535 square
November 6,2007 Resolution No. 07-134
File No.: PMUD-06-002 Page 3
1 feet of commercial floor area must be constructed prior to the issuance of a
2 Certificate of Completion by the Building Department of the 60th residential unit
3 to ensure that the minimum 16,000 square feet of commercial square footage is
4 provided as required in the recent future land use amendment sub-area policies.
5
6 11. Prior to issuance of any building permits or vegetation removal permits for any
7 portion of the Grande Beach PMUD site, the developers, their successor or
8 assigns, shall properly root prune and prepare the three live oaks proposed to be
9 relocated on site shall as part of the approval of a SLC Vegetation Removal
10 Permit.
11 12. Prior to issuance of any building permits or vegetation removal permits for any
12 portion of the Grande Beach PMUD site, the developers, their successor or
13 assigns, shall submit (pursuant to the requirements of Rules 68A-25.002 and
14 68A-27.005 of the Wildlife Code of the State of Florida) a permit for a gopher
15 tortoise relocation/release project must be secured from the FFWCC prior to
16 initiating any construction on the parcel. Should the burrows be abandoned and
17 no tortoises are captured for relocation the burrows shall be excavated by an
18 environmental professional to ensure no commensal species remain in the
19 burrow. ERD staff concurs that off-site relocation is the best option in this case.
20 13. Prior to issuance of any building permits or vegetation removal permits for any
21 portion of the Grande Beach PMUD site, the developers, their successor or
22 assigns, shall submit to St. Lucie County Environmental Resources Department
23 a revised landscape plan addressing all of the following issues:
24
25 a. 7.09.04 E. requires the wall between multi-family and single family to
26 measure 8 feet; the landscape plan shows the wall only measuring 6 feet.
27 Please be sure the revised landscape plan identifies the minimum required
28 wall height.
29
30 b. Please be sure all plant materials planted are salt tolerant. The plan
31 proposes 26 magnolia's and 11 sweetgum's - neither of which is salt tolerant.
32 Please be advised of Section 7.09.03 D. 2. As part of the issuance of any
33 Final Development Order/Permit requiring the installation of landscape
34 materials as set forth in this code, excluding detached single-family (including
35 individual mobile homes not located in a mobile home park), two-family, and
36 three-family residences, the property owner shall submit to an inspection of
37 the planted/preserved materials 18 months after the issuance of a certificate
38 of occupancy or other use authorization as may be granted by the Public
39 Works Director for the County. If it is determined that the planted landscaping
40 is dead, diseased or otherwise not in compliance with the provisions of this
41 Code and the original approved landscape plan, the property owner shall be
42 provided notice and directed to correct any observed deficiencies and replace
43 all noncompliant materials within 60 days. Failure to maintain all required
44 landscaping shall be grounds for referral to the Code Enforcement Board for
45 appropriate enforcement actions. The Public Works Director is authorized to
46 include within the building permit fee, adequate charges to cover the costs of
47 enforcing the requirements of this section.
48
November 6, 2007
File No.: PMUD-06-002
Resolution No. 07-134
Page 4
1 c. To ensure the landscape plan graphic is consistent with the landscape plan
2 plant list, revise the plans to correct the following discrepancies:
3 i. Plant list shows 24 BS; graphic shows 22;
4 ii. Plant list shows 5 IC-30; graphic shows 0;
5 iii. Plant list shows 9 MGB-65; graphic shows 10;
6 iv. Plant list shows 28 QV-65; graphic shows 31;
7 v. Plant list shows 29 QV-100; graphic shows 20;
8 vi. Plant list shows 20 CN; graphic shows 22;
9 vii. Plant list shows 35 RE; graphic shows 36;
10 viii. Plant list shows 41 SP; graphic shows 48;
11 ix. Plant list shows 62 HIR; graphic shows 53;
12 x. Graphic shows 5 "LC-30" but the plant list does not identify this symbol;
13 XI. The graphic has 40 MF labeling a sidewalk - where are the 40 MF to be
14 planted?
15
16 14. Property owner association documents or Declaration of Covenants shall be
17 submitted and approved by the County Engineer prior to Final PMUD (Planned
18 Mixed Use Development) approval.
19
20 15. The developer shall advise potential buyers of the residential units that the
21 property is located within 4 miles of the St Lucie County International Airport and
22 aircraft will be operating in the area.
23
24 16. Prior to issuance of a construction permit for this project, the developers, their
25 successors and assigns, shall have entered into an enforceable utility service
26 agreement with St. Lucie County Utilities to ensure the provision of water and
27 sewer services. This agreement shall be in a form consistent with St. Lucie
28 County Utility District regulations regarding utility service extensions and service
29 provisions.
30
31 17. Prior to Final PMUD approval the developer, successor or assign shall provide
32 the conceptual design drawings of all multi-family and nonresidential buildings to
33 indicate the buildings to be erected within the project shall be substantially
34 consistent with the Mediterranean style architectural renderings presented at the
35 November 6, 2007 Board of County Commission meeting. Color selections shall
36 also be provided for review and approval by the County as part of the Final
37 development plan application. The Final PMUD site plan documents shall also
38 include a list of the green building technology the applicant proposed to use in
39 the development and construction of the proposed buildings. Compliance with
40 the County's Community Architectural Standards shall also be addressed as part
41 of the Final PMUD review.
42
43 18. Prior to Final Site Plan approval the Grande Beach PMUD shall comply with the
44 following conditions:
45
46 . Residential land uses will be limited to a maximum of 70 dwelling
47 (multifamily) units.
48 . The maximum 40% residential threshold set forth in Section 7.03. 03.A of the
49 St. Lucie County Land Development Code will not be applicable to
50 development on this site.
November 6, 2007
File No.: PMUD-06-002
Resolution No. 07-134
Page 5
1 . The minimum commercial square footage permitted is 16,000 square feet
2 and the maximum commercial square footage permitted is 20,000 square
3 feet.
4 . At fifty percent (50%) of residential build-out (35 dwelling units), fifty percent
5 (50%) of the commercial square footage (8,000 square feet) must be
6 constructed.
7
8 Prior to the issuance of the 36th residential building permit 8,465 square feet
9 of commercial use must be constructed and issued a Certificate of
10 Completion by the Building Department. Staff recommends that the
11 remaining 7,535 square feet that is required to be constructed to meet this
12 sub area policy be completed prior to the issuance of a building permit for the
13 60th residential unit. This condition is intended to ensure that the minimum
14 16,000 square feet of commercial square footage is provided.
15
16 . The commercial component of the project shall be integrated into the overall
17 site design through architecture, vertical/horizontal integration of uses,
18 building materials, color and street orientation.
19
20 . A designated transit stop shall be provided within the development.
21
22 Any resolution granting Final PMUD approval to the Grande Beach project
23 shall include a condition requiring the applicant to install or provide for the
24 installation of at least one transit/bus shelter in a location to be reviewed and
25 approved as part of the FINAL PMUD application. A fee in lieu of
26 construction for the required transit shelter may be considered as part of the
27 Final PMUD application.
28
29 . No industrial use will be permitted within the development.
30
31 19. The owner, developer or assigns shall advise buyers of the residential units that
32 this is a mixed use development and some of the uses will be commercial. This
33 notice shall be included, but not limited to, the property owner association
34 documents or Declaration of Covenants to be submitted and approved prior to
35 Final Planned Mixed Use Development approval.
36
37 20. A condition of any final approval for this Planned Mixed Used Development shall
38 require that prior to the issuance of the 36th residential building permit, the
39 developer shall pay $100,000 to the County for Cultural Affairs needs, to be
40 distributed by the County accordingly in its discretion.
41
42 B. The property on which this site plan approval is being granted is described below.
43
44 LEGAL DESCRIPTION: Tract "E-1", Blocks 8 and 9 and alleys abutting
45 thereto, Tract "F-1" and Tract "A" and the portion of Coral Avenue (n/k/a
46 Flotilla Terrace) lying north of Marina Drive, according to the plat of Coral
47 Cove Beach, Section One, as recorded in Plat Book 11 at Pages 30A and
48 30B of the Public Records of St. Lucie County, Florida.
49
November 6, 2007
File No.: PMUD-06-002
Resolution No. 07-134
Page 6
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Containing 9.444 acres more or less.
Location:
Northwest corner of State Route A-1-A and Marina Drive, on
North Hutchinson Island.
C. This Preliminary Planned Unit Development Site Plan approval shall expire
on November 6, 2009, unless an extension is granted in accordance with
Section 11.02.06(B)(3), St. Lucie County Land Development Code or Final
Planned Unit Development Approval has been granted.
D. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same
period as this Site Plan approval or any extension granted thereto. If this
order expires or otherwise terminates, the Certificate of Capacity shall
automatically terminate.
E. The Preliminary Planned Mixed Use Development Site Plan/General Site
Plan approval granted under this Resolution is specifically conditioned to the
requirement that the petitioner, Grande Beach North Hutchinson Island,
LLC, 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 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.
F. The conditions set forth in Part A are an integral nonseverable 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 site plan approval
granted by this resolution shall become null and void.
G. Except as otherwise provided in Part F, if any portion of this resolution is for
any reason held or declared to be unconstitutional, inoperative or void, such
holding shall not affect the remaining portions of this ordinance. If this
resolution or any provision thereof shall be held to be inapplicable to any
person, property, or circumstance, such holding shall not affect its
applicability to any other person, property, or circumstance.
H. 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 St. Lucie
County Growth Management Department.
I. This resolution shall take effect upon adoption by the Board of County
Commissioners.
November 6, 2007
File No.: PMUD-06-002
Resolution No. 07-134
Page 7
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J. ADOPTION
After motion and second, the vote on this resolution was as follows:
Chairperson Chris Craft
AYE
Vice Chairperson Joe Smith
AYE
Commissioner Doug Coward
NAY
Commissioner Paula A. Lewis
AYE
Commissioner Charles Grande
NAY
PASSED AND DULY ADOPTED this 6th day of November, 2007.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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APPROVED AS TÖ FORM AND
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CORRECTNESS:
November 6, 2007
File No.: PMUD-06-002
Resolution No. 07-134
Page 8
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November 6, 2007
File No.: PMUD-06-002
Exhibit A
Certificate of Capacity
Resolution No. 07-134
Page 9
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CERTIFICATE OF CAPACITY
2300 Virginia Avenue
Ft. Pierce, FL 34982
(772)-462-2822
Date: 6/21/2007
Certificate No. 2646
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 Grande Beach Mixed Use Development
Number of units 70
Number of square feet 16930
2. Property legal description & Tax 10 no.
142570101530007;142570101550001; 142570101769003; 142570101920002
North Hutchinson Island
Grande Beach PMUD
Coral Cove Beach
3. Approval: Building Permit
Resolution No. 07-134
Letter
4. Subject to the following conditions for concurrency:
Owner's name
Grande Beach N Hutchinson Isla
Address
601 Mockingbird Ln
Plantation
FL 33324
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.
ßOí7 )I('/..
Growth Management Director:
St Lucie County, Florida
Signed
"ß o-t fIIUt
Date: 7/11/2007
Al\jptZI:.uJ ,2., ODL~
Concurrency Review by:
Signed ~ ~
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Date: 7/11/2007
Wednesday, July 11, 2007
Page 1 of 1
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November 6, 2007
File No.: PMUD-06-002
Exhibit B
Vicinity Maps
Site Location Map
Page 10
Resolution No. 07-134
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A petition of Grande Beach North Hutchinson Island, LLC for a Change in Zoning from CG
(Commercial, General) Zoning District to PMUD (Planned Mixed Use Development) Zoning
District and Preliminary Planned Mixed Use Development approval for the project to be
known as Grande Beach PMUD
PMUD 06-002
Legend
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Map prepared June 25, 2007
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PMtJD 06-002
Beach
Island, LLC
Legend
~ Subject property
Map prepared June 25,2007
n Island, llC
PMUD 06-002
Legend
~ Subject property
Map prepared June 25, 2007
Island, LLC
PMUD 06-002
Legend
(inrW'tIÍ !Ma"-'Wement 2Je¡.>arl7rum1:
~ Subject property
Map prepared June 25,2007