HomeMy WebLinkAbout13-1661
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
45
RESOLUTION 2013-166
MNSP 720114313
Q~s~~~d~ i~;~,
~~~ 0 2 2013
COUNTY ATTORNEY
A RESOLUTION GRANTING A WAIVER FROM THE ST. LUCIE
COUNTY COMPREHENSIVE PLAN POLICY 6.1.14.2 AND 6.1.14.5
AND MAJOR SITE PLAN APPROVAL FOR THE PROJECT TO BE
KNOWN AS MARISOL LOCATED IN THE HIRD (HUTCHINSON
ISLAND RESIDENTIAL DISTRICT) 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:
GENERAL
1. Sands End Development, LLC., presented a petition for a Major Site Plan
approval fora 106 unit residential project to be known as Marisol, located on
the east side of South SR A1A (South Ocean Drive), approximately 3 miles
north of the Jensen Beach Causeway in the HIRD (Hutchinson Island
Residential District) Zoning District as more particularly described in Part C
below and depicted on Exhibit A.
2. On July 25, 2012, the Board of Adjustment granted a variance from the
provisions of Section 4.01.04 of the St. Lucie County Land Development Code
to allow three of the five proposed multi-family development buildings to
exceed the maximum 35 foot building height by 7 feet, resulting in a total
maximum building height of 42 feet.
3. As part of the Major Site Plan review process, Sands End Development, LLC.,
has requested a waiver from the provisions of Policy 6.1.14.2 and 6.1.14.5 of
the St. Lucie County Comprehensive Plan to allow impacts to a Category 1
wetland and the required 50 foot wetland buffer in the specific areas depicted
on the site plan as described in Part B below.
WAIVER
4. On January 6, 2004, through Ordinance 04-004, the St. Lucie County Board of
County Commissioners adopted St. Lucie County Comprehensive Plan Policy
6.1.14.2 and Policy 6.1.14.5 for the protection of wetland functions and
values.
5. Sands End Development, LLC, presented a request for a waiver from the St.
Lucie County Comprehensive Plan Policy 6.1.14.2 and Policy 6.1.14.5
resulting in direct impacts to 300 square feet of a Category 1 Wetland and
File No.: MNSP 720114313 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT ~ Resolution 2013-166
October 1, 2013 SAINT LUCIE COUNTY Page 1
FILE # 3901563 11/26/2013 at 11:04 AM
OR BOOK 3582 PAGE 1175 - 1184 Doc Type: RESO
RECORDING: $86.50
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
45
19,470 square feet of impacts to the required 50 foot buffer around the
wetland for the purpose of constructing a portion of the residential project to
be known as Marisol, located on South Hutchinson Island.
6. After consideration of the testimony, including staff comments and the
standards of review for granting a waiver as set out in Policy 6.1.14.2(d), St.
Lucie County Comprehensive Plan, the Board of County Commissioners has
made the following determinations:
a. The requested waiver does meet the standards of review as set forth in
Policy 6.1.14.2(d) of the St. Lucie County Comprehensive Plan.
b. Wetland 1 (0.27 acres) is tidally influenced through a culvert under SR
A1A into the Indian River Lagoon; therefore, it is considered a Category I
wetland and would require a minimum fifty foot upland buffer per the St
Lucie County Comprehensive Plan. This wetland is dominated by
scattered white and black mangroves.
c. The waiver requested is the minimum needed to allow for the proposed
residential development.
d. The waiver requested does meet the general spirit and intent of the St.
Lucie County Land Development Code and the St. Lucie County
Comprehensive Plan.
SITE PLAN
7. The petitioner, Sands End Development, LLC., is proposing the development
of consisting five (5) multiple family residential buildings providing a total of
106 residential units for the project to be known as Marisol located on the East
side of South Ocean Drive, approximately 3.3 miles north of the Martin County
line.
8. 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 St. Lucie County
Comprehensive Plan, subject to approval of the Wetland Waiver in Part A
below and the conditions of approval in Part B below.
9. 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, subject to approval of the wetland waiver reference in Part A
below and the conditions of approval in Part B below.
File No.: MNSP 720114313
October 1, 2013
Resolution 2013-166
Page 2
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
45
10.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.
11. 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, subject to compliance with the wetland
waiver.
12. 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.
13. The proposed project will be served by adequate public facilities and services.
14. The applicant has demonstrated that water supply, evacuation facilities, and
emergency access are satisfactory to provide adequate fire protection.
15. The applicant has applied for and received a Certificate of Capacity, a copy of
which is attached to this order as Exhibit B, 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 from the Provisions of Policy 6.1.14.2 and 6.1.14.5,
St. Lucie County Comprehensive Plan to allow for the alteration of wetlands
and the required wetland buffer is hereby granted for the property described in
Section C and depicted on the site plan described in Part B, subject to the site
plan conditions of approval in Part B.
This waiver shall expire upon the expiration of this Major Site Plan approval as
described in Part D. If this site plan expires this wetland waiver expires.
SITE PLAN
B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code,
the Major Site Plan for the project to be known as Marisol, is hereby approved
as shown on the site plan drawings for the project prepared by Culpepper &
Terpening, Inc., on March 11, 2009 and revised through September 18, 2013,
and date stamped approved on October 1, 2013 subject to the following
conditions:
File No.: MNSP 720114313
October 1.2013
Resolution 2013-166
Page 3
2 1. Prior to the commencement of any site construction activities involving the
3 excavation or removal of site materials from the northern 1/3 of the project
4 site (from the approximate south side of proposed building #4 to the north
5 property line of the project site) the developer shall:
6
7 a. Ensure that during all excavation activities, in the above-described area,
8 that a registered archeologist with experience on this site or similarly
9 certified party or individual acceptable to the St. Lucie County Historic
10 Preservation Officer, is present on the site to observe all site all
11 excavation activities. If during the excavation activities, additional
12 culturally significant artifacts are discovered, site excavation activities
13 shall be suspended and the St. Lucie County Historic Preservation
14 Officer shall be immediately notified.
15 b. For the purpose of this condition, culturally significant artifacts shall be
16 deemed to include any discovery of human remains, significant structural
17 remains or anything beyond the expected observation of materials
18 typically found in midden deposits of the type described in the Phase III
19 Archeological Data Recovery Report for the Herman's Bay Midden site.
20
21 For the purpose of defining the meaning or intent of any term used in this
22 condition, reference shall be directed to Section 4.11.02, Historic
23 Preservation, Definitions, of the St. Lucie County Land Development Code.
24
25 Nothing in this condition shall prevent the developer from commencing
26 beach and dune renourishmentJrestoration activities provided that no site
27 excavation activities are included as part of that work.
28
29 2. Prior to issuance of a building permit, the applicant shall obtain a variance
30 from the Board of Adjustment to allow the additional building height of the
31 three interior buildings, as the July 25, 2012 Variance has expired.
32
33 3. Prior to the issuance of the any construction authorizations, the developer or
34 assigns shall provide an executed copy of a final utility service agreement
35 with Fort Pierce Utilities Authority, indicating all developer obligations
36 associated with the particular phase of the permit and that potable water will
37 be provided to serve the project.
38
39 4. Prior to the issuance of any construction authorizations, the developer or
40 assigns shall provide documentation from the St. Lucie County Utilities
41 indicating that wastewater services are reserved and will be provided to the
42 proposed project.
43
File No.: MNSP 720114313 Resolution 2013-166
October 1, 2013 Page 4
5. Prior to any construction authorizations the St. Lucie County Fire District
shall review and approve the plans.
4 6. The final construction plans shall provide a mountable 8 foot wide sidewalk
5 along the main entrance road to provide the required 24 foot access
6 entrance that is designed to support 32 tons of fire apparatus. Prior to
7 construction authorizations, the plans shall be reviewed and approved by
8 the St. Lucie Fire District.
9
10 7. Prior to issuance of any Vegetation Removal Permit or Exemption,
11 whichever comes first, copies of the approved Preserve Area Monitoring
12 and Management Plan (PAMMP) and Sea Turtle Protection Plan (STPP)
13 with an attached affidavit attesting to the existence of these documents and
14 their applicability to the property described in Part C below, along with a
15 cashier's check (payable to the Clerk of the Court) for recording fees shall
16 be provided to the County. The affidavit attesting to the existence of these
17 documents and their applicability to the property described in Part C below
18 shall be recorded in the land records of St. Lucie County and the documents
19 shall be kept on file with the St. Lucie County Planning and Development
20 Services Department and the St. Lucie County Environmental Resources
21 Department. The terms of this condition shall not apply for any Vegetation
22 Removal Permit or Exemption, for the property associated with the lawfully
23 authorized dune restoration works as permitted by the Florida Department
24 of Environmental Protection.
25
26 8. Prior to issuance of any Vegetation Removal Permit or Exemption, for
27 primary site construction activities (including general site preparation, unless
28 otherwise noted below), an executed Conservation Easement, identifying all
29 areas subject to County regulated conservation or preservation within the
30 phase or phases of the project on which development activities are
31 proposed to be affected by said permit or permit exemption, shall be
32 provided to St. Lucie County, along with an attached affidavit and required
33 cashier's check (payable to the Clerk of the Court), for the purpose of
34 recording that easement, or easements, in the Land Records of St. Lucie
35 County. A copy of a standard Conservation Easement can be found on the
36 St. Lucie County Environmental Resources Department website at: http:
37 //www.stlucieco.gov/pdfs/ Conservation Easement_Form.pdf. The terms of
38 this condition shall not apply for any Vegetation Removal Permit or
39 Exemption, for the property associated with the lawfully authorized dune
40 restoration works as permitted by the Florida Department of Environmental
41 Protection.
42
43 9. Prior to issuance of a .Vegetation Removal Permit or Exemption, a
44 Landscape Improvement Agreement with security acceptable to the County
45 Attorney. The security shall cover the cost to purchase and install all
File No.: MNSP 720114313 Resolution 2013-166
October 1, 2013 Page 5
1 required landscaping, irrigation, tree mitigation, tree relocation, and related
2 improvements shown on the landscaping plan and the dune restoration
3 plan. A copy of this agreement can be obtained at:
4 http://www.stlucieco.gov/pdfs/ERD_Improvement_Agreement_-_CA.pdf.
5
6 10. Prior to issuance of a Vegetation Removal Permit or Exemption, the
7 following information shall be submitted to the Environmental Resources
8 Department for approval:
10 a. Revised plans showing the existing western toe of dune
11 b. Updated accurate tree survey and mitigation plan
12 c. Preserve Area Management Plan and Environmental Impact Report
13 reflecting the updated wetland jurisdictional determination
14
15 11. The issuance of County development permit does not in any way create any
16 rights on the part of the applicant to obtain a permit from a state or federal
17 agency and does not create any liability on the part of the County if the
18 applicant fails to obtain requisite approvals or fulfill the obligations imposed
19 by a state or federal agency or undertakes actions that result in a violation
20 of state or federal law.
21
22 Note: The County's issuance of development approval does not constitute
23 compliance with any federal and state requirements. Applicable, federal
24 and state approvals/permits are required prior to the commencement of any
25 development activity (i.e. clearing, grading, removing structures, etc.). The
26 responsibility for contacting federal and state agencies, procuring
27 permits/approvals and compliance with applicable laws are the sole
28 responsibility of the applicant. Per Florida Statute 125.022, the issuance of
29 development approval does not create any liability on the part of the county
30 if the applicant fails to obtain requisite approvals or fulfill the obligations
31 imposed by a state or federal agency or undertakes actions that result in a
32 violation of state or federal law.
33
34 12. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever
35 occurs first, a copy of current Listed Species Surveys, approvals and
36 permits applicable to the areas addressed by or through the requested
37 Vegetation Removal Permit or Exemption, shall be provided to the St. Lucie
38 County Environmental Resources Department and the St. Lucie County
39 Planning and Development Services Department. If written documentation
40 from the U.S. Fish and Wildlife Service (federally-listed species) and/or the
41 Florida Fish and Wildlife Conservation Commission (state-listed species) is
42 provided to St. Lucie County that states a species survey is not required,
43 this Condition of Approval is satisfied.
44
45
File No.: MNSP 720114313 Resolution 2013-166
October 1, 2013 Page 6
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
13. Prior to issuance of a Vegetation Removal Permit or Exemption, the
developers, their successor or assigns, shall conduct apre-construction
meeting with construction personnel and St. Lucie County Environmental
Resources Department staff, addressing vegetation protection measures.
C. The property on which this site plan approval is being granted is described as
follows:
All of the following described land lying easterly of State Road A-1-A.
That portion of Section 27, Township 36 South, Range 41 East, St. Lucie
County, Florida, lying south of a line that extends westerly from the mean
high water mark of the Atlantic Ocean to the mean high water mark of the
Indian River and that is parallel with the south section line of said Section
27, which line intersects a point on the easterly right of way line of State
Road A1A located 1500 feet northwesterly of the point of intersection of the
easterly right of way of said State Road A1A and said south Section line as
measured along the easterly right of way line of said State Road A1A.
Parcel Nos.: 3527-413-0001-000/2 and 3527-441-0001-000/9
Location: South Hutchinson Island, approximately 3.3 miles north of the Jensen
Beach Causeway.
D. The approvals and authorizations granted by this Resolution for the purpose of
obtaining building permits on this property, shall expire on October 1, 2015,
unless the developer has obtained a building permit for the site plan described
in Section E or an extension has been granted in accordance with Section
11.02.06(B)(1), St. Lucie County Land Development Code.
E. The conditions set forth in Part B are an integral nonseverable part of the site
plan approval granted by this Resolution. If any condition set forth in Section B
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.
F. A copy of this Resolution shall be attached to the site plan drawings described
in Section B, which plan shall be placed on file with the St. Lucie County
Planning and Development Services Director.
File No.: MNSP 720114313
October 1, 2013
Resolution 2013-166
Page 7
1 After motion and second, the vote on this resolution was as follows:
2
3 Chairman Tod Mowery AYE
4
5 Vice-Chair Frannie Hutchinson ABSENT
6
7 Commissioner Chris Dzadovsky AYE
8
9 Commissioner Paula Lewis AYE
10
11 Commissioner Kim Johnson AYE
12
13 PASSED AND DULY ADOPTED this 1st day of October, 2013.
14
15
16 BOARD OF COUNTY COMMISSIONERS
17 ST. LUCIE COUNTY, FLORIDA
18
19
20 BY ~~ ~,
21 Chairman
22
23
24 ATTEST APPROVED AS TO FORM
25 AN ORRECTNESS
26
27 _
28 R~ ~.-.
29 ty~Cleyrk~~~~ County Attor'ey
30 ~~:~ - - .~+
31 ~,~'' ~- .- _=..:~, e'er
File No.. MNSP 720114313 Resolution 2013-166
October 1, 2013 Page 8
O ?!
~ ~
v Z
m o
~~
o~
w~
V
N
O
A
w
0
c
0
N
0
v~
w w
~ ,
m ~
mrn
W N
Indian
River
Lagoon
Legend
%/.~~ Subject property
~ ~ 500 ft notification area
'---~
• Hlf
~ u+
. Cm
9
Z
.
.
,~.
'•.
MJSP - 720114313
Sand End Development LLC
•,
.,
.,
i~~,
%~/,
~~ i
,,
//
~~j/~
~ .
~, 500 ft.
;HIRD
~f%ff j~ ~• gtlantic
. Ocean
%~
'/
-
f
,
i /,'.
r~
~~~
~
~
i , /,
-~
~
r
~
~%
,
~,/
~
/r'f.'`/J'.
~
I ~
- -
.HIRD _ ,
.
I~
CN -Commercial Neighborhood
CPUB -Conservation Public
I -Institutional
HIRD -Hutchinson Island Residential District
Zoning
A
Map prepared July 28.2011
rn
D
1
EXHIBIT B
k
`t i:ncic t,:nuttl~•
('ertificnt~~ elf (;raifaeitt~
Date IU•`li:(.t!? - _- V- - --- _--- Certificate No. 19?S
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 Cornprchcnsivc Plan for.
1. Type of development M11ajor tiitc Flan Aprmeal '
Number of units ,I u5 Number of square feet ;
2. Property legal description & Tax ID no.
_. --~ ~ _ ..- - --- - -- -- -- - - - - - t
3`?'413000lOC~02 arti~352;as100010009 G
' e
SI Il, ±.1 ;riles ntzrUi of Icruut P,~ri: C.ur:c..•-r;• `
~9~ri>ul •
3. Approval: Building Resolution No. 3ti13-lib Letter
4. Subject to tl~e following conditions for concurrency:
' Li i:(>.4 -.;x Rcubtian.
Owners name
Ssnds I:nd Ikrc',npmenl. I.i.f'
Address
l.i_2: PrnAcm:n 1Vay
6. Certificate Expiration Date IO; Ui015 '
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is suhject to the same terms, condHions and expiration date listed herein. !
The expiration date can he extended only under the same terms and conditions as the
underlying development orderiasued with th(s certificate, or for subsequent
dereloprnent o der(s) issued for the same property, use and size as described Itereln. '
/ ~/ ~~
Sipued (~~~DC X ~~ Uate: 11%15.013
~ ~_
Planning and Development Services Director
St Lucie County, Florida
F~~tlap, ~nrruttcer 15. 2013 I arc 1 of 2
2
3
File No.: MNSP 720114313 Resolution 2013-166
October 1, 2013 Page 10