HomeMy WebLinkAboutGM-09-002 - Summer Wind
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GM 09-002
MNSP-06-005
AN ORDER GRANTING APPROVAL FOR
A MINOR SITE PLAN TO BE KNOWN AS
SUMMER WIND
WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for site plan
approval submitted by Knight, McGuire & Associates Inc. on behalf of G & G / Aqua 1/1, LLC., and also
reviewed the comments of the St. Lucie County Development Review Committee on this application, and
made the following determinations:
1. G & GI Aaua III. LLC.. presented a petition for 7 (seven) detached single family condominium
units on 1.51 acres of land to be known as Summer Wind for,property located on 6600 North
Highway A-1-A, St. Lucie County in the HIRD (Hutchinson Island Residential District) Zoning
District.
2. The Development Review Committee has reviewed the Site Plan for the proposed project and
found it to meet the technical requirements of the Land Development Code, subject to the
conditions set forth in Part "N of this Growth Management Order.
3. The project is consistent with the general purpose, goals, objectives, and policies of the St. Lucie
County Comprehensive Plan and regulations set forth in the St. Lucie County Land Development
Code.
4. The 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.
5. 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.
6. The 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.
7. The project will be served by adequate public facilities and services.
8. 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 ORDERED:
A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed
Minor Site Plan to be known as Summer Wind, is hereby approved as shown on the site plan
drawings for the project prepared by Knight, McGuire and Associates, Inc. last revised on
November 25, 2008, and received by the St. Lucie County Growth Management Director on May
11, 2009, for the property described below, subject to the following conditions:
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 336172406/29/2009 a112:40 PM
OR BOOK 3103 PAGE 1829 - '1834 Doc Type: ORD
RECORDING: $52.50
GM Order 09-002
Page 1
File No.: MNSP-06-005
June 8, 2009
1 1. No clearing or other site work shall commence until after constructible engineering plans have
2 been approved by the County Engineer and all county environmental permits have been
3 issued by Environmental Resources Department pursuant to Section 11.02.08(A)(7) of the St.
4 Lucie County Land Development Code. As of this date of issuance of this Growth
5 Management Order, no constructible site development plans have been submitted for review.
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7 2. Pursuant to Section 11.02.08(A)(6) of the St. Lucie County Land Development Code, no work
8 shall commence on the site until all regulatory permits required from Federal, State, and
9 regional agencies and special districts have been issued. The Florida Department of
10 Environmental Protection, National Pollutant Discharge and Elimination System compliance
11 notice must be submitted to the County Engineerwith the constructible site plan at the time of
12 building permit application or during permit review or no paving, grading, and drainage permit
13 and no building permit shall be issued. All National Pollutant Discharge and Elimination
14 System Best Management Practices shall be instituted on the site prior to site clearing and
15 maintained daily. Stormwater ponds shall be roughed in at the same time the site is cleared of
16 groundcover.
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18 3. This Growth Management Order shall be recorded in the Public Records of St. Lucie County,
19 Florida, in order to provide constructive legal notice of development conditions that run with
20 the land.
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22 4. The Code Compliance Manager shall receive a copy of this Growth Management Order and the
23 site plan it approves and shall not approve any building permits that do not implement or are
24 not consistent with this Growth Management Order and the plans hereby approved.
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26 5. Prior to issuance of any permit, the petitioner, their successors or assigns shall be required to
27 submit condominium documents to the County Attorney's Office and Environmental
28 Resources Department for their review and approval.
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30 6. Prior to issuance of a construction permit for this project, the developers, their successors or
31 assigns, shall have entered into an enforceable utility service agreement with St. Lucie County
32 Utilities to ensure the provision of water and sewer services. This agreement shall be in a form
33 consistent with St. Lucie County Utility District regulations regarding utility service extensions
34 and service provisions.
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36 7. The applicant shall comply with any state and federal agency regulations and requirements.
37 Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have
38 obtained and provided the Environmental Resources Department with copies of any required
39 federal and state permits/approvals, including, but not limited to: the Environmental
40 Resources Permit and any required US Fish and Wildlife Service revisions to the Sea Turtle
41 Protection Plan. If federal or state agency compliance requires modification to the
42 development plans, the applicant will promptly modify the plans and submit to St. Lucie
43 County for review and approval as required by the Land Development Code. The applicant
44 will not use the County's development approval to prevent compliance with any federal or
45 state agency requirements.
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47 8. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide a
48 copy of the condominium documents for review and approval. The guidelines therein, at a
49 minimum, should specify restrictions on any encroachment into the Dune Preserve Area and
50 restored buffer areas as well as restrictions on vegetation removal outside the building pad
51 areas. At a minimum the document shall include:
File No.: MNSP-06-005
June 8, 2009
GM Order 09-002
Page 2
1 a. Language which notifies prospective property owners that the association property
2 includes restored buffer areas and a dune preservation zone which are protected under
3 conservation easements;
4 b. Language which informs the prospective property owners that the buffers and dune
5 preservation zone may not be altered from their natural/ permitted condition with the
6 exception of exotic vegetation removal or restoration in accordance with the Preserve
7 Area Monitoring and Management Plan that shall be attached as an affidavit to the
8 conservation easement;
9 c. Discussion of best management practices that the future residences and groundskeepers
10 should employ, such as limiting fertilizer, pesticide, and irrigation use. Language from the
11 Florida Yards and Neighborhoods "Florida-friendly Landscaping Covenants, Conditions,
12 and Restrictions" should be incorporated into the condominium document; and
13 d. Language which informs the prospective property owners of the sea turtle protection
14 measures they are responsible for implementinglmaintaining, as described in the Sea
15 Turtle Protection Plan.
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17 9. Prior to issuance of a Vegetation Removal Permit or Exemption, updated gopher tortoise
18 surveys should be conducted in compliance with Florida Fish and Wildlife Conservation
19 Commission protocols, and results shall be provided to the Environmental Resources
20 Department. If tortoises are found on-site, the applicant must avoid the burrows by at least 25
21 feet or obtain a tortoise relocation permit from the Florida Fish and Wildlife Conservation
22 Commission prior to Vegetation Removal Permit or Exemption issuance.
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24 10. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide the
25 Environmental Resources Department with a revised Sea Turtle Protection Plan, including:
26
27 a. A schedule of proposed development periods per Section 6.04.02.F.1.c(1);and
28 b. The Florida Fish and Wildlife Conservation Commission's recommended marine turtle
29 protection conditions and approved lighting plans.
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31 11. Within 90 days of site plan approval or prior to issuance of a Vegetation Removal Permit or
32 Exemption, whichever comes first, the applicant shall provide the required executed St. Lucie
33 County (or South Florida Water Management District) conservation easement, with the
34 Environmental Resources Department-approved Preserve Area Monitoring and Management
35 Plan (PAMP) with an attached affidavit, and a cashier's check, payable to the Clerk of the Court
36 for the appropriate recording fees, to the County Attorney for review and approval. No
37 easement will be approved if there are modifications made to the St. Lucie County or South
38 Florida Water Management District easement form without prior approval of the County
39 Attorney and the Environmental Resources Department. Failure to perform this condition
40 within the specified timeframe may result in revocation of the site plan approval.
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42 12. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an
43 improvement agreement acceptable to the Environmental Resources Department covering the
44 cost of landscaping and any required tree mitigation, including proposed on-site tree
45 relocation.
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47 13. Prior to the issuance of first Certificate of Occupancy, the petitioner, their successors or
48 assigns shall be required to construct a 6 foot wide sidewalk along State Road A 1A as shown
49 on the site plan.
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File No.: MNSP-06-005
June 8, 2009
GM Order 09-002
Page 3
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14. No such building shall exceed the building envelope including height as shown on the
approved site plan. Any building that exceeds the building envelope shall require a site plan
adjustment.
15. Condominium documents, sales contracts and all other sales brochures shall contain written
disclosures of the current CBRA designation at the time of the sale for insurance purposes.
B.
The property on which this Minor Site Plan is being granted is described as follows:
THE SOUTH 150 FEET OF THE NORTH 450 FEET OF GOVERNMENT LOT 4 LYING EAST OF
FLORIDA STATE ROAD A-1-A, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST,
TOGETHER WITH ALL LITTORAL RIGHTS THEREUNTO APPEARING.
Tax ID#:
1403-130-0001-000/7
Location:
6600 North Highway A1A, St. Lucie County, Florida
C.
The approvals granted by this Growth Management Order shall expire on June 8, 2011, unless an
extension is granted in accordance with the provisions of Section 11.02.06 (B)1 of the St. Lucie
County Land Development Code.
D.
The Minor Site Plan approval granted under this Growth Management Order is specifically
conditioned to the requirement that the petitioner, G & G I Aqua III, 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 Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida
Water Management District, prior to the issuance of any local building permits or authorizations to
commence development activities on the property described in Part "B."
E.
A copy of this Order shall be attached to the site plan drawings described in Part "A," and shall be
placed on file with the St. Lucie County Growth Management Director and copies mailed, return
receipt requested to the developer and agent of record as identified on the site plan applications.
F.
The Certificate of Capacity, attached as Exhibit "A," shall be valid for the same period as this order. If
this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate.
G.
The conditions set forth in Part "A" are an integral non-severable part of the site plan approval as
granted by this Order. If any condition set forth in this Order 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 Order shall become null and void.
H.
This order shall be recorded in the Public Records of St. Lucie County.
File No.: MNSP-06-005
June 8, 2009
GM Order 09-002
Page 4
1 ORDER effective the 8th day of June 2009.
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4 GROWTH MANAGEMENT DIRECTOR
5 ST. LUCIE COUNTY, FLORIDA
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9 BY
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14 APPROVED AS TO FORM
15 AND CORRECTNESS:
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2 0 ~* County Attorney
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26 G:\Planning\PROJECT FILES\Summer Wind MNSP 06-005\GM ORDER\Summer Wind GM 09-002
File No.: MNSP-06-005
June 8, 2009
GM Order 09-002
Page 5
EXHIBIT I AU
St Lucie County
Certificate of Capacity
Date 6/8/2009
Certificate No. 2794
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 Minor Site Plan
Number of units 7
Number of square feet
2. Property legal description & Tax ID no.
1403-130-0001-0007
6600 N Hwy AlA, St. Lucie County
Summer Wind
Summer Wind
3. Approval: Building
Resolution No.
Letter
4. Subject to the following conditions for concurrency:
Owner's name
G & G/ Aqua III, LLC
Address
8756 Lewinsville Road
McLean
VA 22102
6. Certificate Expiration Date
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~O~
Growth Management Director
St Lucie County, Florida
Date: 6/24/2009
Wednesday, June 24, 2009
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