HomeMy WebLinkAbout08-017
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RESOLUTION NO. 08-017
FILE NO.: MJSP 05-025
A RESOLUTION GRANTING A WAIVER FROM THE
COMPREHENSIVE PLAN POLICY 8.1.14.2 AND 8.1.14.5
GRANTING MAJOR SITE PLAN APPROVAL FOR THE
CONDOMINIUM PROJECT TO BE KNOWN AS
HUTCHINSON SANDS LOCATED IN THE HIRD
(HUTCHINSON ISLAND RESIDENTIAL DISTRICT)
ZONING DISTRICT FOR CERTAIN PROPERTY IN ST.
LUCIE COUNTY, FLORIDA; PROVIDING FOR
DETERMINATIONS; PROVIDING FOR APPROVAL
SUBJECT TO CONDITIONS; PROVIDING FOR LEGAL
DESCRIPTION OF THE AFFECTED PROPERTY;
PROVIDING FOR ENFORCEMENT OF CONDITIONS; AND
PROVIDING FOR RECORD FILE LOCATION.
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:
WAIVER
1. Herbert S. Garten, Lynnore Moss, Front Street, LLC, Ute Avenue, LLC,
Indiantown Land, Inc. and Aspen, LLC... presented a petition for a waiver from
the comprehensive plan Policy 8.1.14.2 and Policy 8.1.14.5 to allow the
construction of an access roadway, retaining wall, parking on 2.5-acres of class I
wetlands, located on South Hutchinson Island for certain property in St. Lucie
County, Florida, the purpose of which is to grant Major Site Plan approval for a
condominium project with 84 units in 4 buildings to be known as Hutchinson
Sands located on the East side of South Ocean Drive, approximately 500 feet
south of Anacostia Place access road and .25 mile south of Frederick Douglas
Park in the HIRD (Hutchinson Island Residential District) Zoning District.
2. On March 4, 2008, this Board held a public hearing on the petition, after
publishing a notice of such hearing and notifying by mail owners of property
within 1,000 feet of the subject property at least 10 days prior to the public
hearing.
3. After consideration of the testimony presented during the March 4, 2008, public
hearing, including staff comments and the standards of review for granting a
waiver as set out in Policy 8.1.14.2(d), St. Lucie County Comprehensive Plan,
the Board of County Commissioners has made the following determination:
a. The requested waiver, subject to the conditions in Section F below
meets the standards of review as set forth in Policy 8.1.14.2(d) of
the St. Lucie County Comprehensive Plan.
b. The waiver granted will not impair other property or improvements
March 4, 2008
Page 1 of 10
Resolution No. 08-017
File: Hutchinson Sands MNSP 05-025
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in the neighborhood.
c. The waiver granted is the minimum needed to allow for access to
the proposed condominium development and to provide for the
retaining wall, access road, parking, turnaround located at the
north end of Terrapin Drive and structures east of Terrapin Drive.
d. The waiver granted meets the general spirit and intent of the St.
Lucie County Land Development Code and the St. Lucie County
Comprehensive Plan.
SITE PLAN
The petitioners, Herbert S. Garten, Lynnore Moss, Front Street, LLC, Ute
Avenue, LLC, Indiantown Land, Inc. and Aspen, LLC are proposing a Major Site
Plan for the property that would be an 84-unit residential condominium
development, for the project to be known as Hutchinson Sands. The site plan
includes:
.:. Four buildings: 2 of 71,400 square feet & 2 of 56,644 square
feet
.:. 540 square feet of clubhouse;
.:. a total of 256,628 square feet of 5 buildings;
.:. 76,666 square feet of driveway & parking;
.:. 5.65 acres of development area
.:. 21.81 acres of proposed conservation area;
.:. 104.752 acres proposed to be conveyed to S1. Lucie County.
The Development Review Committee has reviewed the Major Site Plan for the
proposed project and found it to meet all technical requirements and to be
consistent with the future land use maps of the S1. Lucie County Comprehensive
Plan, subject to the conditions set forth in Section E of this Resolution.
The proposed project is consistent with the general purpose, goals, objectives,
and standards of the S1. Lucie County Land Development Code, the S1. Lucie
County Comprehensive Plan and the Code of Ordinances of S1. 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.
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.
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.
The proposed project will be served by the Fort Pierce Utilities Authority for
potable water and the S1. Lucie County Utilities for wastewater services.
March 4, 2008
Page 2 of 10
Resolution No. 08-017
File: Hutchinson Sands MNSP 05-025
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2 11. The applicant has demonstrated that water supply, evacuation facilities, and
3 emergency access are satisfactory to provide adequate fire protection.
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5 12. The applicant has applied for and received a certificate of capacity, a copy of
6 which is attached to this order as Exhibit A, as required under Chapter V, St.
7 Lucie County Land Development Code.
8
9
10 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
11 Lucie County, Florida:
12
13 WAIVER
14
15 A. The petition for a Waiver from the Provisions of Policy 8.1.14.2 and 8.1.14.5,
16 St. Lucie County Comprehensive Plan, for the alteration of wetlands and impacts to
17 wetland buffers when no other reasonable alternative exists and avoidance and
18 minimization of impacts cannot otherwise be achieved, submitted by James P. Brown,
19 on behalf of Herbert S. Garten, Lynnore Moss, Front Street, LLC, Ute Avenue, LLC,
20 Indiantown Land, Inc. and Aspen, LLC, is granted for the property described below,
21 subject to the following conditions described in Section F:
22
23 B. The property on which this waiver request is being approved is described in
24 Section G.
25
26 C. This waiver will allow for the access road for the project to be known as
27 Hutchinson Sands to directly impact 2.5 acres of a Category 1 wetland. Due to the size
28 of the wetland, the impacts from the ingress-egress road, parking, turnaround and
29 buildings are unavoidable.
30
31 D. This waiver shall not be valid for a period longer than the approval granted in
32 Section H of this Resolution.
33
34 E. The Waivers granted under this Resolution is to enable development of the site
35 as depicted on the site plan drawings prepared by David Miller and Associates, P.A.
36 on August 15, 2007, and last revised on December 3, 2007, and date stamped
37 received by the St. Lucie County Growth Management Director on December 3, 2007
38 and is limited to the uses and site design approved by the Board of County
39 Commissioners on March 4, 2008. Any modifications that have an environmental
40 impact must be approved by the Board of County Commissioners or said Waiver is null
41 and void (unless the proposed changes are required to meet conditions of approval.)
42
43 SITE PLAN
44
45 F. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code,
46 the Major Site Plan for the project to be known as Hutchinson Sands, is hereby
47 approved as shown on the site plan drawings for the project prepared by David Miller
48 and Associates, P.A. on August 15, 2007, and last revised on December 3, 2007, and
March 4, 2008
Page 3 of 10
Resolution No. 08-017
File: Hutchinson Sands MNSP 05-025
1 date stamped received by the St. Lucie County Growth Management Director on
2 December 3, 2007 subject to the following conditions:
3
4 1. The BOCC must approve a waiver to Comprehensive Plan Policy 8.1.14.2. for the
5 wetland impacts proposed from the construction of this project.
6
7 2. Prior to the issuance of a vegetation removal permit for any portion of the
8 Hutchinson Sands site plan, the developers, their successor or assigns, shall
9 submit current wetland jurisdictional determinations from USACOE. Should the
10 wetland jurisdictional line differ from the line shown on the boundary survey
11 submitted or the FDEP non-binding jurisdictional determination, then the site
12 plan must be modified appropriately to reflect the jurisdictional line.
13
14 3. Prior to the issuance of a vegetation removal permit for any portion of the
15 Hutchinson Sands site plan, the developers, their successor or assigns, shall
16 submit approval from all appropriate State and Federal agencies regarding:
17 · authorizing the wetland impacts as shown on the proposed site plan;
18 · authorization of the final mitigation plan.
19
20 4. Prior to the issuance of any Vegetation Removal Permits for any portion of the
21 Hutchinson Sands site plan, the developers, their successor or assigns, shall
22 provide written authorization from the Florida Department of Environmental
23 Protection Bureau of Beaches and Coastal Division for construction in relation to
24 the 1988 Coastal Construction Control Line.
25
26 5. Prior to the issuance of any Vegetation Removal Permits for any portion of the
27 Hutchinson Sands site plan, the developers, their successor or assigns, shall
28 provide a complete beach and dune restoration plan that meets the requirements
29 outlined in Section 6.02.01 F and G. of the SLC LDC.
30
31 6. Prior to the issuance of any Vegetation Removal Permits for any portion of the
32 Hutchinson Sands site plan, the developers, their successor or assigns, shall
33 provide documentation showing that the final Beach and Dune Restoration Plan
34 and PAMP has FDEP approval.
35
36 7. Prior to the issuance of any Vegetation Removal Permits for any portion of the
37 Hutchinson Sands site plan, the developers, their successor or assigns, shall
38 provide:
39 · drawings of the dune crossovers including a cross-sectional view of the
40 structure in relation to the dune elevation and vegetation;
41 · an approved permit from FDEP for the proposed dune crossover.
42
43 8. Prior to issuance of any vegetation removal permits for any portion of the
44 Hutchinson Sands Plantation site, the developers, their successor or assigns,
45 shall submit to and receive approval from St. Lucie County Environmental
46 Resources Department a completed (executed and recorded) conservation
47 easement for the Dune Preservation Zone, and the Wetland and Wetland Buffer
48 Preserve Areas.
49
50 9. Prior to issuance of any vegetation removal permits for any portion of the
51 Hutchinson Sands site, the developers, their successor or assigns, shall submit
52 authorizations from all appropriate state and federal agencies, including the US
53 Fish and Wildlife Service, the Florida Fish and Wildlife Conservation
54 Commission, regarding listed species issues on this project.
March 4, 2008
Page 4 of 10
Resolution No. 08-017
File: Hutchinson Sands MNSP 05-025
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10. Prior to issuance of any vegetation removal permits for any portion of the
Hutchinson Sands site, the developers, their successor or assigns, shall submit
a revised Preserve Area Monitoring and Management Plan to be submitted as
part of our conditions of approval. The revised plan shall include:
A map identifying the final layout of all preserve areas (wetlands, wetland
buffers, dune);
a. Best management practices that the future residences should employ such
as limiting fertilizer and pesticide uses on their lawns, common areas, and
stormwater systems (for example, a copy of the Institute of Food and
Agricultural Sciences (IF AS) Florida Yards and Neighborhoods Program
handbook could be attached to the Homeowners Documents and distributed
to new residents);
b. A detailed plan for how all residents will use one dune crossover (for
example, fencing, bollards with rope, signs, etc could be provided);
c. Any specific management methodologies proposed to be employed to
manage for a particular listed species known to utilize this site;
d. Discussion of management responsibilities and a funding source to assist
the future HOA in these responsibilities.
11. ERD has requested completed Homeowners Association guidelines
(Homeowners/Property Owners Association or Declaration of Covanence
documents) for review. The guidelines, at a minimum, should specify
restrictions on any encroachment into the Preserve Areas (wetland and dune
area) as well as restrictions on vegetation removal outside the building pad
areas/common areas. At a minimum the documents shall include:
a. Language which notifies prospective property owners that the association
property includes a wetland preservation area and dune preservation zone
which are protected under conservation easements; and
b. Language which informs the prospective property owners that the
wetlands and dune preservation zone 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.
c. Due to the high degree of sensitivity and ecological significance of the
wetland resources on this site, the HOA documents should also discuss best
management practices that the future residences could employ such as
limiting fertilizer and pesticide uses on their lawns, common areas, and
stormwater systems and make sure that information is incorporated into the
PAMP.
12. Prior to the issuance of any Certificate of Occupancies for any portion of the
Hutchinson Sands site plan, the developers, their successor or assigns, shall
successfully pass inspections confirming that all lighting is in compliance with
Section 6.04.02 of the St. Lucie County land Development Code.
13. Prior to the issuance of any Certificate of Occupancies for any portion of the
Hutchinson Sands site plan, the developers, their successor or assigns, shall
have completed all mitigation required to offset wetland impacts.
14. The hours of operation for construction activities shall be in compliance with the
County Noise Ordinance.
15. Simultaneously with the issuance of the vegetation removal permit by St. Lucie
County for any development, the petitioners, their successors or assigns, shall
March 4, 2008
Page 5 of 10
Resolution No. 08-017
File: Hutchinson Sands MNSP 05-025
1 convey the 104.742 acres of property west of A1A to St. Lucie County for Public
2 Conservation.
3
4 G. The property on which this Major site plan approval is being granted is described
5 as follows:
6
7 Parcel #1 - Owners - Front Street. LLC & Ute Avenue, LLC.
8 The South 440 feet of the North 880 feet of Government Lot 1, Section 29,
9 Township 35 South, Range 41 East, St. Lucie County, Florida
10
11 Parcel #2 - Owners - Indiantown Land, Inc. & Aspen LLC
12 The South 440 feet of Government Lot 1, Section 29, Township 35 South, Range 41
13 East, St. Lucie County, Florida, being more particularly described as follows:
14
15 Beginning at a point 880 feet South from the Northwesterly corner of Government
16 Lot 1, Section 29, Township 35 South, Range 41 East; thence running Easterly and
17 parallel with the Northerly line of said Lot to the Atlantic Ocean; thence running
18 Southeasterly along the said Atlantic Ocean to the South line of said Lot; thence
19 running Westerly along the South line of said Lot to the Southwesterly corner of said
20 Lot; thence running Northerly along the West line of said Lot to the Point of
21 Beginning. Together with all riparian and littoral rights thereunto appertaining.
22
23 Parcel #3 - Owner - Indiantown Land, Inc.
24 The South 2/3 of Government Lots 1 & 2, as measured along the common line
25 between Government Lots 1 & 2, Section 30, Township 35 South, Range 41 East, St.
26 Lucie County, Florida.
27
28 Parcel #4 - Owner - Lvnnore Moss & Herbert S. Garten
29 The Northerly 1040.5 feet of Government Lots 3 & 4, as measured along the common
30 line between Government Lots 3 & 4, Section 30, Township 35 South, Range 41
31 East, St. Lucie County, Florida.
32
33 Parcel #5 - Owner - Lvnnore Moss & Herbert S. Garten
34 Section 30, Township 35 South, Range 41 East, St. Lucie County, Florida: that part of
35 Government Lots 3 & 4 lying south of the following described line. From the
36 intersection of the east line of Section 30 and the southwesterly road right-of-way
37 line of State Road A-1-A, thence south 00°08'10" along the easterly line of Section
38 30, 72 feet to a point of beginning; thence North 80°24'48" West 655 feet, thence
39 South 74°21'36" West 1110 feet more or less to the Indian River and the end of the
40 described line: less that part lying South of the following described line. From the
41 intersection of the east line of Section 30 and southwesterly road right-of-way of
42 State Road A-1-A, thence South 00°08'10" East along the east line of Section 30, 725
43 feet to Government Meander Line, thence North 80°24'48" West along the
44 Government Lot Meander Line 655 feet, thence South 74°21'36" West 1110 feet more
45 or less to the Indian River and the end of this described line, containing 25.12 acres
46 more or less as recorded in OR Book 1997, Page 571.
47
48 PARCEL SURVEYED
49 CONTAINING 133.22 ACRES MORE OR LESS.
50
51 Tax ID# 2529-222-0002-000/6, 2529-223-0001-000/2, 2530-111-0002-000/9, 2530-131-
52 0001-000/4 and 2530-134-0002-000/0.
53
March 4, 2008
Page 6 of 10
Resolution No. 08-017
File: Hutchinson Sands MNSP 05-025
1 Location: Both sides of Highway A1A, approximately 1320 feet south of Frederick
2 Douglas Park.
3
4 H. The approvals and authorizations granted by this Resolution for the purpose of
5 obtaining building permits on this property, shall expire on March 4, 2010,
6 unless an extension has been granted in accordance with Section
7 11.02.06(8)(2), S1. Lucie County Land Development Code.
8
9 I. The Major Site Plan approval granted under this Resolution is specifically
10 conditioned to the requirement that the petitioner, Herbert S. Garten, Lynnore
11 Moss, Front Street, LLC, Ute Avenue, LLC, Indiantown Land, Inc. and Aspen,
12 LLC, including any successors in interest, shall obtain all necessary
13 development permits and construction authorizations from the appropriate
14 State and Federal regulatory authorities, including but not limited to; the United
15 States Army Corp of Engineers, the Florida Department of Environmental
16 Protection, and the South Florida Water Management District, prior to the
17 issuance of any local building permit of authorizations to commence
18 development activities on the property described in Section G.
19
20 J. The conditions set forth in Section F are an integral nonseverable part of the
21 site plan approval granted by this Resolution. If any condition set forth in
22 Section F is determined to be invalid or unenforceable for any reason and the
23 developer declines to comply voluntarily with that condition, the site plan
24 approval granted by this resolution shall become null and void.
25
26 K. A copy of this Resolution shall be attached to the site plan drawings described
27 in Section E, which plan shall be placed on file with the S1. Lucie County
28 Growth Management Director.
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March 4, 2008
Page 7 of 10
Resolution No. 08-017
File: Hutchinson Sands MNSP 05-025
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After motion and second, the vote on this resolution was as follows:
Chairman Joseph E. Smith
YES
Vice-Chair Paula Lewis
YES
Commissioner Doug Coward
YES
Commissioner Charles Grande
YES
Commissioner Chris Craft
YES
PASSED AND DULY ADOPTED this 4th day of March, 2008.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST
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~PROVED AS TO FORM
AND C RRECTNESS
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County Attorne
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H:\Planning\Huitchinson Sands MJSP 05-025 &.,,\WAIVER RESOLUTION NO 08-017.doc
March 4, 2008
Page 8 of 10
Resolution No. 08-017
File: Hutchinson Sands MNSP 05-025
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Exhibit A
19
20 . Certificate of Capacity
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March 4, 2008
Page 9 of 10
Resolution No. 08-017
File: Hutchinson Sands MNSP 05-025
~
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CERTIFICATE OF CAPACITY
2300 Virginia Avenue
Ft. Pierce, FL 34982
(772)-462-2822
Date: 9/4/2007
Certificate No. 2664
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 84 Condominiums on S. Hutchinson Island
Number of units 84
Number of square feet
2. Property legal description & Tax ID no.
253011100020009;253013100010004;253013400020000;253011100020009;253013100010004;252922200020006;2529223000
South Hutchinson Island
Hutchinson Sands
Hutchinson Sands
3. Approval: Building Permit
Resolution No. 08-017
Letter
4. Subject to the following conditions for concurrency:
Owner's name
Indiantown Land Inc Aspen Llc Fedder + Garton
Address
36 S Charles St 2300
Baltimore
MD 21201
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.
Signed M-A12-t. S4 lref2-Cb-E
Date: 2/21/2008
Growth M agement Director:
St Lucie County, Florida
jDefjJJ ~ ax§;:
Concurrency Review by:
Sígn~
...
Date: 2/21/2008
Thursday, February 21, 2008
Page 1 of 1
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18 Exhibit B
19
20 . General Location Map
21 . Subject Area Map
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March 4, 2008
Page 10 of 10
Resolution No. 08-017
File: Hutchinson Sands MNSP 05-025
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MJSP 05-025
A petition of Herbert S. Garten, Lynnore Moss, Front Street LLC, Ute Avenue LLC,
Indiantown Land Inc, and Aspen LLC for a Waiver to the Comprehensive Plan
Conservation Policies 8.1.14.2 and 8.1.14.5 and Approval of a Major Site Plan
Condominium project to be known as Hutchinson Sands
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Map prepared February 14, 2008
MJSP 05-025 Zoning
Herbert S. Garten, Lynnore Moss, Front Street LLC,
Ute Avenue LLC, Indiantown Land Inc, and Aspen LLC
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CPUB - Conservation Public
HIRD - Hutchinson Island Residential District
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Map prepared February 14, 2008
MJSP 05-025 Land Use
Herbert S. Garten, Lynnore Moss, Front Street LLC,
Ute Avenue LLC, Indiantown Land Inc, and Aspen LLC
GPUB
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CPUS - Conservation Public
R/C - Residential/Conservation (1 du/5 ac)
RU - Residential Urban (5 du/ac)
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Map prepared February 14, 2008
M
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Front Street LLC,
Subject property
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Map prepared February 14, 2008