HomeMy WebLinkAbout08-011
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RESOLUTION NO. 08-011
FILE NO.: MNSP 05-002
A RESOLUTION GRANTING A WAIVER FROM THE
COMPREHENSIVE PLAN POLICY 8.1.14.2 AND 8.1.14.5
AND GRANTING MINOR SITE PLAN APPROVAL FOR
THE PROJECT TO BE KNOWN AS PELICAN REEF
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. L D Real Estate Partnership, presented a petition for a waiver from the Comprehensive Plan Policy
8.1.14.2 for 0.36 acres of direct impact in a Category 1 wetland to allow the construction of an
access roadway and Policy 8.1.14.5 to allow the encroachment of a 0.02 acre turf block emergency
vehicle turnaround area and a 0.02 acre lift station and turnaround area in the 50 foot buffer
required between the wetland and the residential development activity, located on South
Hutchinson Island for certain property in St. Lucie County, Florida, the purpose of which is to grant
Minor Site Plan approval for a residential subdivision consisting of seven (7) single-family lots to be
known as Pelican Reef located on the East side of South Ocean Drive, approximately 2,500 feet
south of the Watersong PUD development's south entrance and 2.5 miles north of the FPL Nuclear
Power Plant in the HIRD (Hutchinson Island Residential District) Zoning District.
2. On February 19, 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 February 19, 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:
1. The requested waiver for 0.36 acres of impact in a Category 1 wetland that
is required to provide access to the site and 0.04 acres of encroachment
into the required 50 (fifty) foot wetland buffer between wetland and the
proposed residential development, subject to the conditions in Section C
below meets the standards of review as set forth in Policy 8.1.14.2(d) of the
St. Lucie County Comprehensive Plan.
2. The waiver granted will not impair other property or improvements in the
neighborhood.
3. The waiver granted is the minimum needed to allow for access to the
proposed development and to provide for the turf block emergency vehicle
File No.: MNSP 05-002
February 19, 2008
Resolution No. 08-011
Page 1
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turnaround area required by the Fire District located at the south end of
Pelican Reef Drive and the lift station and turnaround located at the north
end of Pelican Reef Drive.
4. 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
4. The petitioner, L D Real Estate PartnershiD, is proposing the development of a residential
subdivision consisting of seven (7) single family lots for the project to be known as Pelican Reef
located on the East side of South Ocean Drive, approximately 2,500 feet south of the Watersong
PUD development's south entrance and 2.5 miles north of the FPL Nuclear Power Plant in the
HIRD (Hutchinson Island Residential District) Zoning District.
5. The Development Review Committee has reviewed the Minor 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 St. Lucie County Comprehensive Plan, subject to the conditions set forth in Section C of this
Resolution.
6. The proposed project is consistent with the general purpose, goals, objectives, and standards of
the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the
Code of Ordinances of St. Lucie County.
7. 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.
8. 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.
9. 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.
10. The proposed project will be served by adequate public facilities and services.
11. The applicant has demonstrated that water supply, evacuation facilities, and emergency access are
satisfactory to provide adequate fire protection.
12. The applicant has applied for and received a certificate of capacity, a copy of which is attached to
this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida:
WAIVER
A. The petition for a Waiver for 0.36 acres of impact in a Category 1 wetland this is required to
provide access to the site and 0.04 acres of encroachment in the 50 (fifty) foot wetland buffer
from the Provisions of Policy 8.1.14.2 and 8.1.14.5, St. Lucie County Comprehensive Plan, for
the alteration of wetlands and impacts to wetland buffers when no other reasonable altemative
exists and avoidance and minimization of impacts cannot otherwise be achieved, submitted by
W. Lee Dobbins on behalf of L D Real Estate Partnership is Qranted for the property described
below, subject to the following conditions described in Section F:
B. The property on which this waiver request is being aDDroved is described in Section G:
File No.: MNSP 05-002
February 19, 2008
Resolution No. 08-011
Page 2
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C.
This waiver will allow for the access road for the project to be known as Pelican Reef to directly
impact 0.36 acres of a Category 1 wetland due to the size of the wetland the impacts from the
ingress-egress road is unavoidable. This wavier will also allow the encroachment of a 0.02 acre
turf block emergency vehicle turnaround area and a 0.02 acre lift station and tumaround area,
the purpose of which is to allow the residential units to be set back 25 feet from the required
Dune Preservation Zone.
D.
This waiver shall not be valid for a period longer than the approval granted in Section H of this
Resolution.
E.
The Waivers granted under this Resolution is to enable development of the site as depicted on
the site plan drawings prepared by Thomas Lucido & Associates, P. A., on August 17, 2004, last
revised on November 1, 2007 and date stamped received by the St. Lucie County Growth
Management Director on February 1, 2008 and is limited to the uses and site design approved by
the Board of County Commissioners on February 19, 2008. Any modifications must be approved
by the Board of County Commissioners or said Waiver is null and void (unless the proposed
changes are required to meet conditions of approval.)
SITE PLAN
F.
Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Minor Site
Plan for the project to be known as Pelican Reef, is hereby aDDroved as shown on the site plan
drawings for the project prepared by Thomas Lucido & Associates, PA, on August 17, 2004,
and last revised on November 1, 2007, and date stamped received by the St. Lucie County
Growth Management Director on February 1, 2008, subject to the following conditions:
1. Prior to the issuance of the first Certificate of Occupancy for this project, the dune
will be restored to Florida Department Environmental Protection mandated
elevations and replanted so as to achieve 100% coverage consisting of Sea
Oats, Sea Grapes, and Saw Palmettos.
2. Prior to the issuance of a St. Lucie County Vegetation Removal Permit
documentation from all appropriate wetland jurisdictional agencies must be
provided to the Environmental Resource Department regarding acceptance of
the wetland boundaries and approval of proposed impacts and associated
mitigation.
3. Prior to issuance of a St. Lucie County Vegetation Removal Permit an erosion
control plan and an approved Florida Department of Environmental Protection
surface water management permit must be provided to the Environmental
Resource Department.
4. Prior to the issuance of a St. Lucie County Vegetation Removal Permit,
documentation must be submitted to the Environmental Resource Department
from the US Fish and Wildlife Service indicating that no listed species will be
impacted by the development of this project.
5. Prior to issuance of a St. Lucie County Vegetation Removal Permit written
authorization from the Florida Department of Environmental Protection Bureau of
Beaches and Coastal Division for construction seaward of the Coastal
Construction Control Line must be provided to St. Lucie County.
6. Prior to issuance of a St. Lucie County Vegetation Removal Permit a revised Sea
Turtle Protection Plan, addressing all of the previously requested items must be
submitted to the Environmental Resource Department.
7. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the
applicant must conduct a site meeting with Environmental Resource Department
staff, the environmental consultant for this project, and relevant construction
personnel.
File No.: MNSP 05-002
February 19, 2008
Resolution No. 08-011
Page 3
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8. Prior to the issuance of a St. Lucie County Vegetation Removal Permit a
recorded copy of a conservation easement dedicated to St. Lucie County,
covering the wetland, wetland buffer, and dune preservation zone must be
submitted in a form and manner acceptable to the County Attorney.
9. Prior to the issuance of a St. Lucie County Vegetation Removal Permit that a
recorded copy of the Declaration of Covanence for Pelican Reef, with an Exhibit
C that accurately reflects all preserve areas (including wetlands, wetland buffers,
and dune preservation zone) must be submitted to St. Lucie County.
10. This Development Order shall be recorded in the Public Records of St. Lucie
County, Florida. This Development Order shall be recorded in order to provide
constructive legal notice of development conditions that run with the land.
11. The Final Plat shall not be recorded until constructible engineering plans are
approved, and all public and common improvements, including those items
referenced in Condition Number 12, are either: a) built and accepted or approved
by St. Lucie County; or b) secured with a developer's surety held by the St. Lucie
County in a form approved by the County Attorney and an amount approved by
the County Engineer, including an amount necessary to cover the period of
maintenance required by the Land Development Code.
12. Pursuant to Section 11.03.02 and 11.04.00 of the St. Lucie County Land
Development Code constructible engineering plans shall be submitted to the
County Engineer.
13. The County Engineer shall receive a copy of this Development Order and the site
plan it approves The County Engineer shall not approve constructible
engineering plans or cost estimates that do not implement or are not consistent
with this Development Order and the plans hereby approved.
14. The Declaration of Covanence for Pelican Reefs Homeowners Association shall at
all times require the Homeowners Association to maintain in good repair and
manage, operate and insure, and shall replace as often as necessary the Common
Areas including but not limited to the Preserve Areas protected under the
Conservation Easement. Without limiting the generality of the foregoing, the
Homeowners Association shall assume, and hereby assumes, all of Developer's
and its affiliates' responsibility to St. Lucie County with respect to the Common
Areas, Sea Turtle Protection Plan, Conservation Easement.
15. The Developer shall provide a proposed Future Connection to the Northern Parcel
as shown on the above-referenced site plan. The Future Connection is intended to
provide the opportunity for the tax parcel located immediately adjacent to the north
boundary of the property (the "Northern Parcel") to be accessed via Pelican Reef
Drive in the future. This Future Connection is subject to a subsequent agreement
satisfactory to the owner of Pelican Reef, obligating the owner of the Northem
Parcel to pay its fair share of the costs of construction, mitigation, and maintenance
of Pelican Reef Drive, and any related costs.
G.
The property on which this site plan approval is being aranted is described as follows:
THE SOUTH 500 FEET OF GOVERNMENT LOTS 5 AND 6 OF SECTION 32,
TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA,
LYING EAST OF A 100 FOOT WIDE RIGHT OF WAY FOR STATE ROAD A-1-
A.
File No.: MNSP 05-002
February 19, 2008
Resolution No. 08-011
Page 4
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(Location: East side of South Ocean Drive, approximately 2,500 feet
south of the Watersong development's south entrance and 2.5 miles north
of the Florida Power and Light facility on South Hutchinson Island.
Property Tax ID# 2532-344-0001-000/4)
H. The approvals and authorizations granted by this Resolution for the purpose of obtaining building
permits on this property, shall expire on February 19, 2010, unless the developer has obtained a
Final Plat approval for the site plan/subdivision described in Section F or an extension has been
granted in accordance with Section 11.02.06(B)(1), St. Lucie County Land Development Code.
I. The Minor Site Plan approval granted under this Resolution is specifically conditioned to the
requirement that the petitioner, L D Real Estate Partnership, 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 Corp of Engineers, the Florida Department of Environmental Protection, and the
South Florida Water Management District, prior to the issuance of any local building permit of
authorizations to commence development activities on the property described in Section G.
J. The conditions set forth in Section F are an integral nonseverable part of the site plan approval
granted by this Resolution. If any condition set forth in Section F 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.
K. A copy of this Resolution shall be attached to the site plan drawings described in Section F,
which plan shall be placed on file with the St. Lucie County Growth Management Director.
After motion and second, the vote on this resolution was as follows:
Chairman Joseph E. Smith
AYE
Vice-Chair Paula Lewis
AYE
Commissioner Doug Coward
AYE
Commissioner Charles Grande
AYE
Commissioner Chris Craft
AYE
PASSED AND DULY ADOPTED this 19th day of February, 2008.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BV¿ØleL
C airman
ATTEST
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H:\Planning\Pelican Reef\(2).Pelican Reef RESOLUTION draft FINAL.doc
File No.: MNSP 05-002
February 19, 2008
Resolution No. 08-011
Page 5
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Exhibit A
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20 . Certificate of Capacity
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File No.: MNSP 05-002
February 19, 2008
Resolution No. 08-011
Page 6
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CERTIFICATE OF CAPACITY
2300 Virginia Avenue
Ft. Pierce, FL 34982
(772)-462-2822
Date: 1/14/2008
Certificate No. 2709
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 7-Lot SF Residential on So. Hutchinson Island
Number of units 7
Number of square feet
2. Property legal description & Tax ID no.
253234400010004
South Hutchinson Island
Pelican Reef
3. Approval: Building Permit
4. Subject to the following conditions for concurrency:
Resolution No. 08-011
Letter
Owner's name
L D Real Estate Partnership
Address
1645 Palm Beach Lakes Blvd
West Palm Beach
FL 33401
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.
_t--'1At(¥-- SA-lf~Y¿~ Signed
Growth Management Director:
St Lucie County, Florida
Date: 1/14/2008
A- JORi6tA J K,{}¡)¿£
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Concurrency Review by:
Signed ~
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Date: 1/14/2008
Monday, January 14, 2008
Page 1 of 1
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Exhibit B
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10 . General Location Map
11 . Subject Area Map
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File No.: MNSP 05-002
February 19, 2008
Resolution No. 08-011
Page 7
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MNSP 05-002
L 0 Real Estate Partnership for the petition of the Minor Site Plan to be known as Pelican
Reef to request a Waiver from the Comprehensive Plan Policy 8.1.14.2 to allow the
construction of an access roadway which will directly impact a Category 1 Wetland and Policy
8.1.14.5 that will lack a maximum of 46 feet of the minimum 50 foot buffer required between
the wetland and the residential develo ment activit located on South Hutchinson Island
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Map prepared January 8, 2008