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HomeMy WebLinkAbout08-180 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 RESOLUTION NO. 08-180 File Number: PMUD 1220071379 A RESOLUTION GRANTING FINAL PLANNED MIXED USE DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT KNOWN AS GRANDE BEACH PMUD AND AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT TO THE PMUD (PLANNED MIXED USE DEVELOPMENT - GRANDE BEACH) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA 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: CHANGE IN ZONING 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 Use Development - Grande Beach) Zoning District for the project to be known as Grande Beach PMUD, for property located on the northwest corner of the State Road A-1-A and Marina Drive, as more particularly described in Paragraph D below and depicted on the attached maps as Exhibit "A". 2. On September 20, 2007, theSt. Lucie County Planning and Zoning Commission held a public hearing on the petition of Grande Beach North Hutchinson Island, LLC for a Change in Zoning from the CG (Commercial, General) Zoning District to the PMUD (Planned Mixed Use Development - Grande Beach) Zoning District, after publishing a notice. of such hearing in the Fort Pierce Tribune and notifying by mail all property owners within 500 feet of the property boundaries, and recommended to this Board that the requested Change in Zoning from CG (Commercial, General) to PMUD (Planned Mixed Use Development - Grande Beach) be granted. 3. On November 6, 2007, this Board approved the petition of Grande Beach North Hutchinson Island, LLC for Preliminary Planned Mixed Use Development Site Plan for the project known as Grande Beach PMUD after holding a public hearing and publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. EDWI~ M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3234871 07/21/2008 at 03:53 PM . SO OR BOOK 2996 PAGE 2782 - 2792 Doc Type. RE RECORDING: $95.00 Resolution No. 08-180 File No.: PMUD 1220071379 June 17, ; Page 1 1 4. On June 17, 2008, this Board held a public hearing on this petition after 2 publishing a notice of such hearing in the Tribune and notifying by mail all 3 property owners within 500 feet of the subject property. 4 5 5. The proposed change in zoning is consistent with the goals, objectives, and 6 policies of the St. Lucie County Comprehensive Plan and satisfies the 7 requirements of Section 11.06.03 of the St. Lucie County Land Development 8 Code with the conditions set forth in Paragraph C below. 9 10 SITE PLAN 11 12 6. Grande Beach North Hutchinson Island, LLC presented a petition for Final 13 Planned Mixed Use Development Site Plan approval for a mixed use project 14 consisting of 70 multi-family units and 16,930 square feet of commercial space 15 to be known as Grande Beach PMUD. 16 17 7. The Development Review Committee has reviewed the Final Planned Mixed 18 Use Development Site Plan for the proposed project and found it to meet all 19 minimum technical requirements, subject to the conditions set forth in 20 Paragraph C below. 21 22 8. On September 20, 2007, the St. Lucie County Planning and Zoning 23 Commission held a public hearing on the petition of Grande Beach North 24 Hutchinson Island, LLC, after publishing a notice of such hearing in the Fort 25 Pierce Tribune and notifying by mail all property owners within 500 feet of the 26 property boundaries and recommended to this Board that Preliminary Site Plan 27 approval for the project to be known as Grande Beach PMUD, be granted. 28 29 9. On November 6, 2007, this Board held a public hearing on the petition of 30 Grande Beach North Hutchinson Island, LLC, for Preliminary PMUD 31 approval after publishing a notice of such hearing and notifying by mail all 32 owners of property within 500 feet of the subject property, and granted, through 33 Resolution 07-134, Preliminary Planned Mixed Use Development Site Plan 34 approval, subject to 21 special conditions, for the property described in 35 Paragraph C below. 36 37 10. On June 17, 2008, this Board held a public hearing on this petition after 38 publishing a notice of such hearing in the Tribune and notifying by mail all 39 property owners within 500 feet of the subject property. 40 41 11. The proposed project is consistent with the general purpose, goals, objectives 42 and standards of the St. Lucie County Land Development Code, the St. Lucie 43 County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 44 June 17, 2008 Page 2 Resolution No. 08-180 File No.: PMUD 1220071379 1 12. The proposed project will not have an undue adverse effect on adjacent 2 property, the character of the neighborhood, traffic conditions, parking, utility 3 facilities or other matters affecting the public health, safety and general welfare. 4 5 13. All reasonable steps have been taken to minimize any adverse effect of the 6 proposed project on the immediate vicinity through building design, site design, 7 landscaping and screening. 8 9 14. The proposed project will be constructed, arranged and operated so as not to 10 interfere with the development and use of neighboring property, in accordance 11 with applicable district regulations. 12 13 15. The proposed project will be served by adequate public facilities and services. 14 15 16. The Certificate of Capacity for this project was issued by the Growth 16 Management Director on July 11,2007. 17 18 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 19 St. Lucie County, Florida: 20 21 22 23 A. 24 25 26 27 28 29 B. 30 31 32 33 34 35 36 37 C. 38 39 40 41 42 43 44 CHANGE IN ZONING The Zoning District for that property owned by Grande Beach North Hutchinson Island, LLC as depicted on the attached maps as Exhibit "A" and described in Paragraph D below, is hereby changed from the CG (Commercial, General) to the PMUD (Planned Mixed Use Development - Grande Beach) Zoning District. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the change to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. SITE PLAN Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, Final Planned Mixed Use Development Site Plan for the project to be known as Grande Beach be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by Houston Cuozzo Group Inc. P.A. dated July 1, 2005, subsequently revised through April 23, 2008, and date stamped received by the St. Lucie County Growth Management Department on June 6, 2008, subject to the following conditions: Resolution No. 08-180 File No.: PMUD 1220071379 June 17, 2008 Page 3 1 1. Prior to issuance of a vegetation removal permit, the developer, 2 successor or assignee shall provide a copy of all easement releases 3 from AT&T and Florida Power and Light for encroachment of structures 4 and dry detention areas into the Bellsouth and FPL easements located 5 on the property. 6 7 2. Prior to the issuance of building permit, the technical specifications for 8 the proposed pervious pavers shall be submitted to the County 9 Engineer for approval. 10 11 3. Prior to the issuance of the first building permit, the typical pavement 12 cross-section that meets or exceeds County standards shall be 13 submitted to the County Engineer for approval. 14 4. The Grande Beach PMUD community center shall be built with a) 15 hurricane resistant glass; b) hurricane resistant doors; and c) an 16 emergency generator. 17 18 5. Prior to the issuance of the building permit for the 36th residential unit, 19 8,465 square feet of commercial use must be constructed and issued a 20 Certificate of Completion by the Code Compliance Division. An 21 additional 7,535 square feet of commercial floor area must be 22 constructed prior to the issuance of a Certificate of Occupancy for the 23 60th residential unit to ensure that the provision of a minimum of 24 16,000 square feet of commercial square footage required by the 25 property's future land use sub-area policies. 26 27 6. As part of the approval of a SLC Vegetation Removal Permit for any 28 portion of the Grande Beach PMUD site, the developers, their 29 successor or assigns, shall properly root prune, prepare, and relocate 30 the three live oaks and all cabbage palms currently existing in the area 31 of proposed impact (three oaks (2 - 13" & 1 - 15" in the pool and 32 recreation area) elsewhere on the site. 33 34 7. Prior to issuance of a vegetation removal permit for any portion of the 35 Grande Beach PMUD site, the developers, their successor or assigns, 36 shall submit an approved permit for a gopher tortoise 37 relocation/release from the FFWCC. Should the burrows be 38 abandoned and no tortoises are captured for relocation the burrows 39 shall be excavated by an environmental professional to ensure no 40 commensal species remain in the burrow. ERD staff concurs that off- 41 site relocation is the best option in this case. 42 June 17, 2008 Page 4 Resolution No. 08-180 File No.: PMUD 1220071379 1 8. The developer shall advise potential buyers of the residential units that 2 the property is located within 4 miles of the St Lucie County 3 International Airport and aircraft will be operating in the area. 4 5 9. Prior to issuance of a construction permit for this project, the 6 developers, their successors and assigns, shall have entered into an 7 enforceable utility service agreement with St. Lucie County Utilities to 8 ensure the provision of water and sewer services. This agreement 9 shall be in a form consistent with St. Lucie County Utility District 10 regulations regarding utility service extensions and service provisions. 11 12 10. Prior to issuance of a building permit for this project, the Code 13 Compliance Department shall verify that the following green building 14 technologies are utilized, where applicable in the development and 15 construction of the proposed buildings. 16 17 a. External light fixtures controlled by photo cell and timer 18 b. The use of salt chlorination for the community pool in lieu of 19 harsh chemicals 20 c. High SEER ratings for residential HVAC Units (+14) 21 d. R-30 Icynene© Insulation at all attic spaces; R-19 min. at all 22 walls 23 e. Rating of 55-60 STC (code minimum = 50) between all tenant 24 spaces 25 f. Maximized use of fluorescent light fixtures 26 g. Programmable thermostats for night time setbacks in each unit 27 h. The use of Energy Star © appliances in each unit 28 i. FSC (Forest Stewardship Council) certified wood products for 29 cabinets and flooring. 30 j. All plumbing fixtures to be "low flow" water consumption type 31 k. Low vac paint products for interior finishes 32 I. The use of recycled building materials 33 m. The use of window tinting on all windows to reduce heat gain 34 n. The use of locally sourced products for construction, if 35 practicable 36 o. Deep covered balconies and walkways 37 p. Awnings over windows 38 39 11 . The condominium association documents shall incorporate a copy of 40 this resolution to advise buyers of the residential units that this is a 41 mixed use development and some of the uses will be commercial. 42 43 12. Prior to the issuance of the 36th residential building permit, the 44 developer shall pay $100,000 to the St. Lucie County for Cultural 45 Affairs needs, to be distributed by the County, at its discretion. 46 June 17, 2008 Page 5 Resolution No. 08-180 File No.: PMUD 1220071379 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 D. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 E. 35 36 37 38 39 F. 40 41 42 43 44 45 13. Prior to the issuance of the first building permit for the multi-family structures (excludes temporary sales or construction trailers) the owner, developer or assigns shall dedicate the future bus stop location along State Road A-1-A to St. Lucie County in a form and manner acceptable to the County Attorney. The agreed upon $10,000 fee in lieu of the construction of the transit improvèments shall be paid to St. Lucie County prior to the issuance of the first building permit. 14. Prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Paragraph D, the property owner, Grande Beach North Hutchinson Island, LLC, 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 Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District. The property on which this approval is being granted is described below. LEGAL DESCRIPTION: Tract "E-1", Blocks 8 and 9 and alleys abutting thereto, Tract "F-1" and Tract "A" and the portion of Coral Avenue (n/k/a Flotilla Terrace) lying north of Marina Drive, according to the platof Coral Cove Beach, Section One, as recorded in Plat Book 11 at Pages 30A and 30B of the Public Records of St. Lucie County, Florida. Containing 9.44 acres more or less. Location: Northwest corner of State Route A-1-A and Marina Drive, on North Hutchinson Island. GENERAL PROVISIONS This Final Planned Mixed Use Development Site Plan approval shall expire on June 17, 2010, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. The Final Planned Mixed Use Development 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 from 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 Resolution No. 08-180 File No.: PMUD 1220071379 June 17, 2008 Page 6 1 2 3 4 5 G. 6 7 8 9 H. 10 11 12 13 I. 14 15 16 17 18 J. 19 20 21 K. 22 23 24 25 26 27 28 L. 29 30 31 32 Management District, prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Paragraph D. A Certificate of Capacity was granted by the Growth Management Director on July 11, 2007, which certificate shall remain valid for the period of Final Site Plan approval or any extension granted thereto. A copy of this resolution shall be attached to the site plan drawings described in Paragraph C above, which plan shall be placed on file with the St. Lucie County Growth Management Department. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. 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. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of anyon-site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to the satisfaction of the County before final site construction permits are issued. The conditions set forth in Paragraph C are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Paragraph C 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. Resolution No. 08-180 File No.: PMUD 1220071379 June 17, 2008 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 2 30 - 31 32 33 B. ADOPTION After motion and second, the vote on this resolution was as follows: Chairman Joseph E. Smith AYE Vice Chair Paula A. Lewis AYE Commissioner Charles Grande NAY Commissioner Chris Craft AYE Commissioner Coward NAY PASSED AND DULY ADOPTED this 17th day of June, 2008. ATTEST: '~~ ~. COUNTY A TTORNEY"'i;iT Resolution No. 08-180 File No.: PMUD 1220071379 June 17, 2008 Page 8 1 2 3 4 5 June 17 2008 Page 9 EXHIBIT "A" Location Maps Resolution No. 08-180 File No.: PMUD 1220071379 PMUD-1220071379 Zoning Grande Beach North Hutchinson Island, LLC HIRD -41..... 41~ +.. . ~D . ,. . II II , . . . II II .. .- . . .. . . .. .. - . I JiIRD - I . .+ .- N « ... « ~ :s:: :I: !':;! :r Cl:: í.9 z SHOREWINDS DR c us CG· Commercial General CN· Commerçial Neighborhood CPUB· COl'Ge.....ation PublìOo HIRD . Hutchinson Island Residential Distfiot PUD . Planned Unit Development RS4· Residential Single F ami I¡t (4 du/aOo) U· Utilities Su bjeet pare el ..... : I. 500 ft. notification area .. .. . II II . 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