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HomeMy WebLinkAbout07-134 1 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 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 ::OO"'cnm ~::o~~c 0::o~.~;; Ow Z º^~r-:: ~~t~· "~~-.,, ...,U1COm;:u ¡;j "tI ¡;:) 0.-< ~»-Oc.. ",G}¡;jC::;", om Ñ Z· ~8-fO ¡;j~-<r- ';"e¡, !B ~ g " &~ ~ l5'~ ~ ::. m '< 0 ~ ;¡j ::0 0 m c:: ¡g :::¡ o o c:: ;:u -I 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 1 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 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 1 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 3 32 33 34 35 36 37 38 39 40 41 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 ~'11!-"""""""."'.'.""'." . . '.. . ..... . ',.,....... "." flf:>'.:> Chairm3n.· . . . ,.,... , .._ . _,' ......,. ",,' .,,~. '_:".-',..:.r \, f f -r'" ;' ~ì ". _, ! )~J ATTEST: .:; APPROVED AS TÖ FORM AND "" f') , CORRECTNESS: November 6, 2007 File No.: PMUD-06-002 Resolution No. 07-134 Page 8 1 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 November 6, 2007 File No.: PMUD-06-002 Exhibit A Certificate of Capacity Resolution No. 07-134 Page 9 ~"ç'::""'=!!"""5n'::;·";':;"""jG'!1"')1~'n"'.'" . .. t.. ~.... 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 ~ ~ c::: Date: 7/11/2007 Wednesday, July 11, 2007 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 November 6, 2007 File No.: PMUD-06-002 Exhibit B Vicinity Maps Site Location Map Page 10 Resolution No. 07-134 () --.J --.J "'0 C co (J) N o o I <D o o ::> ~ a.. z~~ Si: ~l 11 ~( ~ ~o~ A{ ~ V'\~ w " :¡ ..... o o N LÔ N Q) C ::J -, "C ~ C'll C. ~ C. C. C'll ~ p~ p~ I b I c:: " 0 t> '- ~ . peoèl UU!4S ëi: ¡; · c:: "' -ll '" I . !!< i5 c .E 1 · c PèI reUEl:) JapeaH "' · " , I ~ N , <..\ I PèI paaus , I I ,eueo I tl-O I · I ~ · c , · I i5 I I I I I I , I I I ..c () co Q) C a:l 0 Q) (J) "'Oc C..c co () "- .... CJ:f ..c t:: o Z b c:: " o t> c:: 1:: ~ ~ " ., '" " ~ " U!PlOH leap! M N <..\ g " M N <..\ ,eue:) £Z-'J \,-ò ,¿"e\Ò <;'0 Æ¡unoéJ aaqoqaaa)(o 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 ~ Subject property 0:: o o z ~ « :E ~ X'~~~~~~~ grt7'WéJi JIlana¡¡emenl 1J'!Parlme7r.í Map prepared June 25, 2007 N A 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