HomeMy WebLinkAbout09-0261
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RESOLUTION NO. 09-026
FILE NO.: PUD 06-023
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, GRANTING A WAIVER FROM THE
COMPREHENSIVE PLAN POLICY 8.1.14.2 AND 8.1.14.5; AND,
GRANTING PRELIMINARY PLANNED UNIT DEVELOPMENT SITE
PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS SUNSET
BEACH-PUD ON 29.15 ACRES OF LAND SITUATE IN ST. LUCIE
COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Fiorida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
WAIVER
Sunset Beach Investments, LLC, a Georgia Limited Liability Company, presented a
petition for a waiver from the Comprehensive Plan Policy 8.1.14.2 for 0.67 acres of
direct impact in a Category 1 wetland to allow the construction of an access roadway
and mosquito control improvements; and, Policy 8.1.14.5 to allow the encroachment of
a 0.02 turf block emergency vehicle turnaround area, access roadway, pool parking,
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 is to provide for
Preliminary Planned Unit Development Site Plan approval for the project to be known
as Sunset Beach -PUD which is a proposed 44 unit residential subdivision on the East
side of South Ocean Drive approximately 1,700 feet north of the Middle Cove Beach
access in the HIRD (Hutchinson Island Residential District) Zoning District.
2. On June 2, 2009, this Board held a public hearing on the petition of Sunset Beach
Investments, LLC, after publishing a notice of such hearing in the St. Lucie News
Tribune and notifying by mail all property owners within 500 feet at least 10 days prior to
the hearing, for the property depicted on the attached Maps as Exhibit "A" and described
in Section "G" below.
3. After consideration of the testimony presented during the June 2, 2009 public hearing,
including staff comments and the standards of review for granting a wa~ver 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
in the neighborhood.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 336067$ 06/24/2009 at 04:26 PM
June 2, 2~~9 OR BOOK 3102 PAGE 2008 - 2019 Doc Type: RESO Resolution No. 09-026
Page 1 of 9 RECORDING: $103.50 Sunset Beach PUD 06-023
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c. The waiver granted is the minimum needed to allow for access to
the proposed planned unit development and to provide for the
retaining wall, access road, parking, turnaround located at the
north end of Joe's Pond Drive and structures east of Sea Pearl
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
4. Sunset Beach Investments, LLC, a Georgia Limited Liability Company, presented a
petition for Preliminary Planned Unit Development Site Plan approval for the project to
be known as Sunset Beach PUD which is a proposed 44 unit residential subdivision on
the East side of South Ocean Drive approximately 1,700 feet north of the Middle Cove
beach access in the HIRD (Hutchinson Island Residential District) Zoning District.
5. On June 2, 2009, this Board held a public hearing on the petition of Sunset Beach
Investments, LLC, after publishing a notice of such hearing in the St. Lucie News
Tribune and notifying by mail all property owners within 500 feet at least 10 days prior to
the hearing, for the property depicted on the attached Maps as Exhibit "A" and described
in Section "G" below.
6. On April 16, 2009, the St. Lucie County Planning and Zoning Commission held a public
hearing on the petition of Sunset Beach Investments, LLC, after publishing a notice of
such hearing in the St. Lucie News Tribune and notifying by mail all property owners
within 500 feet at least 10 days prior to the hearing, and recommended that the Board of
County Commissioners approve the Preliminary Planned Unit Development for the
project to be known as Sunset Beach-PUD for the property depicted on the attached
Maps as Exhibit "A" and described in Section "G" below.
4. The Development Review Committee has reviewed the Preliminary Planned Unit
Development 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 "F" of this
Resolution.
5. 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.
6. 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.
7. 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.
June 2, 2009
Page 2 of 9
Resolution No. 09-026
Sunset Beach PUD 06-023
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8. 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.
9. The proposed project will be served by the Fort Pierce Utilities Authority for potable
water and the St. Lucie County Utilities for wastewater services.
10. The applicant has demonstrated that water supply, evacuation facilities, and
emergency access are satisfactory to provide adequate fire protection.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
WAIVER
A. The petition for a Waiver 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 alternative exists and avoidance and
minimization of impacts cannot otherwise be achieved, submitted by Sunset Beach
Investments, LLC, a Georgia Limited Liability Company is granted for the property
described below, subject to the following conditions described in Section "F":
B. The property on which this waiver request is being approved is described in Section
«G„
C. This waiver will allow for the access road for the project to be known as Sunset
Beach to directly impact 0.67 acres of a Category 1 wetland. Due to the size of the
wetland, the impacts from the ingress-egress road, parking, turnaround and buildings
are unavoidable.
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 are to enable development of the site as
depicted on the Preliminary Planned Unit Development Site Plan drawings prepared
by Kimley-Horn and Associates, Inc., dated April 2008 and date stamped received by
the St. Lucie County Growth Management Director on May 5, 2009 and is limited to
the uses and site design approved by the Board of County Commissioners on June
2, 2009. Any modifications that have an environmental impact 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 11.02.05 of the St. Lucie County Land Development Code, the
Preliminary Planned Unit Development Site Plan for 44 residential units to be known
as Sunset Beach-PUD, is hereby approved as shown on the site plan drawings for
the project prepared by Kimley-Horn and Associates, Inc., dated April 2008 and date
June 2, 2009
Page 3 of 9
Resolution No. 09-026
Sunset Beach PUD 06-023
1 stamped received by the St. Lucie County Growth Management Director on May 5,
2 2009 subject to the following conditions:
3
4 ENVIRONMENTAL RESOURCES DEPARTMENT
5
6 1. Prior to issuance of a SLC Vegetation Removal Permit or Exemption, the following
7 conditions must be met:
8
9 A. The applicant will comply with all state and federal agency regulations and
10 requirements including but not limited to Florida Fish and Wildlife Service,
11 Florida Fish and Wildlife Conservation Commission, U.S. Army Corps of
12 Engineers, and Florida Department of Environmental Protection. Prior to
13 approval of a Notice of Vegetation Removal, the applicant shall have
14 obtained and provided SLC with all required federal and state permits,
15 including those for wetland impacts and endangered species permits. If
16 federal or state agency compliance requires modification to the development
17 plans, the applicant will promptly modify the plans and submit to SLC for
18 review and approval as required by the LDC. The applicant will not use the
19 County's development approval to prevent compliance with any federal or
20 state agency requirements.
21 B. The applicant shall provide written authorization from Florida Department of
22 Environmental Protection Bureau of Beaches and Coastal Division for
23 construction seaward of the Coastal Construction Line per SLC
24 Comprehensive Plan Policy 7.1.5.1.
25 C. The applicant shall revise the PAMP as follows:
26 a. Include the maintenance and restoration of the dune will be performed
27 as required "in order to maintain the dune as specified in the dune
28 restoration plan"
29 b. Include proposed preserve area signage and posting plan
30 D. Per SLC LDC 6.04.02, the applicant shall revise the Sea Turtle Protection
31 Plan as follows:
32 a. Include the name of the general contractor
33 b. Include construction schedule
34 c. Include a copy of proposed signage
35 d. Include a reference regarding compliance with all standards set forth
36 in 6.04.02 of the SLC LDC.
37 e. Include a required onsite meeting and lighting inspection with ERD
3 8 staff
39 E. The applicant shall revise the HOA/Covenants Conditions and Restrictions
40 documents to include references to the PAMP, Dune Restoration, and
41 Conservation easement documents.
42 F. Within 90 days of Final PUD Site Plan approval or prior to approval of a
43 Notice of Vegetation Removal, whichever comes first, the applicant shall
44 provide all required executed SLC conservation (or SFWMD) easements,
45 with a PAMP to be recorded as affidavit to the easement, for all preserves
46 onsite, including the dune preservation zone and wetland with associated
47 buffer as depicted on the site plan, along with a cashier's check, payable to
48 the Clerk of the Court for the appropriate recording fees, to the County
49 Attorney for review and approval. No easement will be approved if there are
50 modifications made to the SLC or SFWMD easement form without prior
51 approval of the County Attorney and ERD. Failure to perform this condition
June 2, 2009 Resolution No. 09-026
Page 4 of 9 Sunset Beach PUD 06-023
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within the specified timeframe may result in revocation of the site plan
approval.
G. The applicant shall provide a copy of the Stormwater Pollution Prevention
Plan issued through Florida Department of Environmental Protection per SLC
LDC 6.00.05(C)14 and 6.02.01(C)2.
H. Landscape Plan shall be revised as follows:
a. Include statement that all installed plant materials shall be
irrigated "in accordance with SLC LDC 7.09.03(C);
b. Include statement that all plant materials specified as Florida No.
1 grade or better Per SLC LDC 7.09.03(E);
c. Include statement that cypress mulch is prohibited per SLC LDC
7.09.04(L)3.a, on the Landscape Plan.
I. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
shall execute an improvement agreement for all required landscaping and
tree mitigation, including on-site and off-site preservation and/or relocation.
2. Within Ninety (90) days of Final PUD Site Plan approval, the developer,
successor or assignee shall provide proof of an escrow account or account held
in reserve acceptable to the County Attorney, for the cost of total dune
reconstruction and perpetual dune maintenance per the approved Preserve Area
Management Plan.
GROWTH MANAGEMENT DEPARTMENT
3. Prior to expiration of this Preliminary PUD Development Order approval, the
developer, successor or assignee shall submit an application for Final PUD Site
Plan approval which shall meet the requirements of Section 11.02.05.B; and shall
meet the criteria for substantial conformity with this Preliminary PUD Site Plan.
4. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be
revised to provide vehicular access to the abutting property to the south; and the
developers, their successors or assigns shall enter into a cross-access
agreement to provide ingress and egress to the property to the south.
5. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be
revised to provide pedestrian, cyclist and vehicular access to the property to the
west of South Ocean Drive (So. A-1-A), commonly known as Vitolo Family Park.
The developers, their successors or assigns shall provide an improved,
landscaped entry-way for use by the general public to access the park and
connect to the Greenways and Trails system.
6. Prior to Final PUD Development Order approval, the developers, their
successors or assigns shall enter into an agreement, in a form acceptable to the
County Attorney, to pay a$30,000 fee in lieu of providing a sidewalk along the
entire east side of the right of way line for South Ocean Drive (So. A-1-A). This
fee, or a portion thereof, may be pledged to the provision of the pedestrian
access required in Condition Number 5 to the Vitolo Family lands.
7. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be
revised to illustrate the required fencing and protection along the dune restoration
area in accordance with the FDEP Permit Number SL-233 Final Order Condition
June 2, 2009
Page 5 of 9
Resolution No. 09-026
Sunset Beach PUD 06-023
1 12.3 on page 6 which requires said sign, rope and bollard barriers, or sand
2 fencing to prevent trampling of vegetation and erosion of the dune feature.
3
4 8. Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be
5 revised to provide best practices of "green development" including but not limited
6 to a cistern system for the collection of rain water for reuse in landscape
7 irrigation; architectural illustrations of the pool and cabana depicting innovative
8 building practices; and the utilization of LEED technology to the greatest extent
9 possible.
10
11 9. Prior to issuance of a construction permit for this project, the developers, their
12 successors or assigns, shall have entered into an enforceable utility service
13 agreement with St. Lucie County Utilities to ensure the provision of sewer
14 services. This agreement shall be in a form consistent with St. Lucie County
15 Utility District regulations regarding utility service extensions and service
16 provisions.
17
18 10. Prior to issuance of a construction permit for this project, the developers, their
19 successors or assigns, shall have entered into an enforceable utility service
20 agreement with Fort Pierce Utilities Authority to ensure the provision of water
21 services. This agreement shall be in a form consistent with Fort Pierce Utilities
22 Authority regulations regarding utility service extensions and service provisions.
23
24 11. Prior to the Final Plat approval and issuance of building permits for the project,
25 the developer, his successors or assigns, shall submit a County Stormwater
26 application and pay the applicable fees.
27
28 12. Prior to the Final Plat approval and issuance of building permits for the project, the
29 developer, his successors or assigns, shall provide proof of receipt of the
30 required South Florida Water Management District Environmental Resource
31 permit.
32
33 COUNTY ATTORNEY'S OFFICE
34
35 13. Prior to Final PUD Site Plan approval the following notations shall be made on
36 the Final Site Plan:
37
38 a. Sheet L-15 - Irrigation Plan - The street name Joe's Point should
39 read Joe's Pond;
40 b. Sheets 8, 9, 10, 15 - State Road A1A is missing its right-of-way;
41 and,
42 c. Environmental Resources Department has made a Conservation
43 Easement a requirement for the Dune Preservation Zone, and
44 Wetland Preserve Areas. On all Site Plan sheets pertaining to the
45 Conservation area, please delineate the Conservation Easement
46 and Preservation & Wetland Areas.
47
48 14. Prior to recordation of the Final plat, all property included in the legal description
49 of the petition shall be subject to a Declaration of Restrictions and Covenants
50 acceptable to the County Attorney's office which shall include the following:
51
June 2, 2009 Resolution No. 09-026
Page 6 of 9 Sunset Beach PUD 06-023
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a. Formation of a single "master" property owner's association,
automatic voting membership in the master association by any
party holding title to any portion of the subject property, and
assessment of all members of the master association for the cost
of maintaining all common areas;
b. All recreation parcels shall be deed restricted to recreation for the
use of the residents of the development. At the time of turnover of
the POA/HOA, the recreation parcel shall be turned over to the
association at no cost to the residents; and,
c. The property shall not be subject to the Declaration of Restrictions
in phases. Approval of the Declaration must be obtained from the
County Attorney's office prior to the recordation of the Final plat
for any portion of the planned development; and,
d. All sales brochures, sales contracts, and POA/HOA documents
shall contain written disclosures of the current CBRA designation
at the time of the sale for insurance purposes.
MOSQUITO CONTROL
15. After the completion of construction of this project, the developers, their
successors or assigns, or designated HOA/POA shall be responsible for the
perpetual maintenance of the mosquito control culverts. The flushing culverts
must be maintained in functional order at all times, and undergo maintenance
immediately after all catastrophic events to remove debris and sand that accrue
to block water exchange after these events. SLC Mosquito Control Department
and SLC Public Works will make periodic inspections of these facilities to ensure
compliance with this condition.
GENERAL PROVISIONS
G. The property on which this Preliminary Planned Unit Development Site Plan approval
is being granted is described as follows:
GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE
RIGHT OF WAY OF STATE ROAD A-1-A; AND GOVERNMENT LOT 3, LESS
THE RIGHT OF WAY OF STATE ROAD A-1-A, SECTION 29, TOWNSHIP
35S, RANGE 41 E, ST. LUCIE COUNTY, FLORIDA.
LOCATION: On the east side of South Ocean Drive on South Hutchinson
Island, 1700 ft north of Middle Cove Beach access.
H. This Preliminary Planned Unit Development Site Plan approval shall expire on June
2, 2011, unless an extension is granted in accordance with Section 11.02.06(B)(3),
St. Lucie Land Development Code or Final Planned Unit Development Site Plan
approval is granted.
June 2, 2009
Page 7 of 9
Resolution No. 09-026
Sunset Beach PUD 06-023
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The Preliminary Planned Unit Development Site Plan approval granted under this
Resolution is specifically conditioned to the requirement that the petitioner, Sunset
Beach Investments, 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
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 or authorizations to commence development activities on the property
described in Section "G".
J. The conditions set forth in Section "F" are an integral non-severable part of the
Preliminary Planned Unit Development 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 Preliminary Planned Unit Development Site Plan approval granted
by this resolution shall become null and void.
K. A Concurrency Deferral Affidavit, a copy of which is attached to the Resolution, was
granted by the Growth Management Director on June 2, 2009.
L. The petition includes a request for an Amendment to the Official Zoning Atlas to change
the zoning from the HIRD (Hutchinson Island Residential) Zoning District to the PUD
(Planned Unit Development - Sunset Beach) Zoning District; however, that will not be
effective until such time as the property owner petitions for Final Planned Unit
Development Site Plan approval and it is ultimately granted by the Board of County
Commissioners.
M. Upon approval of the Final PUD Site Plan, the Board of County Commissioners shall
direct the Growth Management Director to amend the Official Zoning Atlas to reflect
Planned Unit Development (PUD) Zoning for the approved development.
N. 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.
O. 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.
P. This Resolution shall be recorded in the public Records of St. Lucie County, Florida.
(THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK)
June 2, 2009
Page 8 of 9
Resolution No. 09-026
Sunset Beach PUD 06-023
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Q. ADOPTION:
After motion and second, the vote on this resolution was as follows:
Chair Paula A. Lewis AYE
Vice-Chair Charles Grande AYE
Commissioner poug Coward AYE
Commissioner Chris Craft AYE
Commissioner Chris Dzadovsky AYE
PASSED AND DULY ADOPTED this 2nd day of June 2009.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FORM ,
AND CORR TNESS
~A ____..~ __._. ..~.._ .
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r H
June 2, 2009
Page 9 of 9
County
Resolution No. 09-026
Sunset Beach PUD 06-023
Okeechobee County
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