HomeMy WebLinkAboutPDS-14-004 - Sunset Beach PUD - Two-Year ExtensionJOSEPH E. S"~IITH. CLER}C OF THE CIRCUIT COURT
SAINT LUCiE COUNTY
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PDS14-004
(File No. BCC 120144715)
AN ORDER GRANTING A TWO-YEAR LAND
DEVELOPMENT CODE ADMINISTRATIVE EXTENSION TO
SITE PLANS PROVIDED BY SECTION 11.02.06.6.4 TO THE
SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY
APPROVED PRELIMINARY PLANNED UNIT
DEVELOPMENT SITE PLAN FOR THE PROJECT KNOWN
AS SUNSET BEACH -PUD.
WHEREAS, the St. Lucie County Planning and Development Services Director has
reviewed the request for Development Order administrative extension timely submitted
and in accordance with the provisions of Section 11.02.06.6.4 of the St. Lucie County
Land Development Code on behalf of Synovus Bank and has made the following
determinations:
1. On, June 2, 2009, the St. Lucie County Board of County Commissioners granted
approval, through Resolution No. 09-026, to the petition of Sunset Beach
Investments, LLC, for the Preliminary Planned Unit Development Site Plan
approval for the project known as Sunset Beach-PUD, on property located on the
east side of South Ocean Drive, approximately 1,700 feet north of the Middle
Cove Beach access, and more particularly described in Part D below.
2. On January 26, 2010, the Planning and Development Services Director in
accordance with Florida Statutes Community Renewal Act authorized a site plan
extension which expired on June 2, 2013.
3. On December 17, 2013 the St. Lucie County Board of County Commissioners
adopted Ordinance 2013-43 amending the text of the Land Development Code to
provide for a two year administrative extension of approved site plans.
4. The amendment provides that in recognition of the real estate market conditions,
any local government issued site plan that has an expiration date of January 1,
2013 through December 31, 2014, may be eligible to be extended and renewed
for a period of two (2) years following its date of expiration.
5. The amendment further provides that for all site plans expired between the dates
of January 1, 2013 and February 29, 2014, the request for the Land
File No.: BCC 1 201 4471 5
February 24, 2014
PDS 14-004
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Development Code extension must be timely made in writing by February 28,
2014; identify the specific authorization for which the extension is requested, the
intended use of the extension and the anticipated time frame for acting on the
authorization.
6. Further, pursuant to Section 11.02.06, the request for the Land Development
Code administrative extension must be reviewed by Planning and Development
Services staff and found not to be in significant noncompliance with the original
St. Lucie County development order granting approval.
7. Planning Staff has performed a detailed analysis of the project and
determined the administrative extension is consistent with the St. Lucie
County Land Development Code and Comprehensive Plan. The analysis is
found in the memorandum titled Preliminary Sunset Beach PUD
Administrative Extension, dated January 29, 2014.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and
Development Services Director of St. Lucie County, Florida:
A. Pursuant to the provisions of Section 11.02.06.6.4, the Preliminary Planned Unit
Development Site Plan approval for the project known as Sunset Beach-PUD
has been found to be eligible for and consistent with the provisions contained in
administrative extensions to site plans such that the approval granted under
Resolution No. 09-026 and further extended under GM 10-026 is extended for
two years from its scheduled expiration date of June 2, 2013 and shall now
expire June 2, 2015, subject to the following conditions:
1. All previous conditions of approval applicable to the subject property, as
contained in Resolution No. 09-026 have been consolidated as contained
herein. The property owner shall comply with all previous conditions of
approval and deadlines previously established by Chapter 11 of the LDC and
the Board of County Commissioners, unless expressly modified herein.
ENVIRONMENTAL RESOURCES DEPARTMENT
2. Condition F-1 of Resolution No. 09-026, is hereby amended to read:
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The issuance of County development permit does not in any way create any
rights on the part of the applicant to obtain a permit f_r_o_ _m a state or federal
agency and does not create any liability on the part of the County if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by
a state or federal agency or undertakes actions that result in a violation of
state or federal law.
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All other applicable state or federal permits must be obtained before
commencement of the development.
C. Prior to the issuance of a Veoetation Removal Permit or Exemption, the
applicant shall revise the Preserve Area Monitoring and Management Plan
~PAMMP~ as follows:
a. Include the maintenance and restoration of the dune will be performed
as required "in order to maintain the dune as specified in the dune
restoration plan".
b. Include proposed preserve area signage and posting plan.
D oar cl r I nr~ a n~ n~ Prior to the issuance of a Vegetation Removal Permit
or Exemption, the applicant shall revise the Sea Turtle Protection Plan as
follows:
a. Include the name of the general contractor
b. Include construction schedule
c. Include a copy of proposed signage
d. Include a reference regarding compliance with all standards set forth in
6.04.02 of the SLC LDC.
e. Include a required onsite meeting and lighting inspection with ERD staff
E. Prior to the issuance of a Vegetation Removal Permit or Exemption, Tthe
applicant shall revise the HOA/Covenants Conditions and Restrictions
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documents to include references to the PAMMP, Dune Restoration, and
Conservation easement documents.
F. Prior to issuance of any Vegetation Removal Permit or Exemption copies of
the approved Preserve Area Monitoring and Management Plan (PAMMP) and
Sea Turtle Protection Plan (STPP) with an attached affidavit attesting to the
existence of these documents and their applicability to the property along with
a cashier's check (payable to the Clerk of Court) for recording fees shall be
provided to the County. The affidavit attesting to the existence of these
documents and their applicability to the property shall be recorded in the
lands records of St. Lucie County and the documents shall be kept of file with
the St. Lucie County Planning and Development Services Department and
the St. Lucie County Environmental Resources Department. The terms of this
condition shall not apply for any Vegetation Removal Permit or Exemption, for
the property associated with the lawfully authorized dune restoration works as
permitted by the Florida Department of Environmental Protection.
G. Prior to the issuance of a Vegetation Removal Permit or Exemption the
applicant shall provide the St. Lucie County Environmental Resources
Department with an updated Environmental Impact Report (EIR).
H. Within 90 days of Final PUD Site Plan approval or prior to approval of a
Notice of Vegetation Removal, whichever comes first, the applicant shall
provide all required executed SLC conservation (or SFWMD) easements, with
a PAMP to be recorded as affidavit to the easement, for all preserves onsite,
including the dune preservation zone and wetland with associated buffer as
depicted on the site plan, along with a cashier's check, payable to the Clerk of
the Court for the appropriate recording fees, to the County Attorney for review
and approval. No easement will be approved if there are modifications made
to the SLC or SFWMD easement form without prior approval of the County
Attorney and ERD. Failure to perform this condition within the specified
timeframe may result in revocation of the site plan approval.
Prior to the issuance of a Vegetation Removal Permit or Exemption, the
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);
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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.
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3. Condition F-2 of Resolution No. 09-026, remains.
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
4. Condition F-3 of Resolution No. 09-026, remains.
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 11.02.05.6; and shall
meet the criteria for substantial conformity with this Preliminary PUD Site Plan.
5. Condition F-4 of Resolution No. 09-026, remains.
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.
6. Condition F-5 of Resolution No. 09-026, remains.
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.
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7. Condition F-6 of Resolution No. 09-026, remains.
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.
8. Condition F-7 of Resolution No. 09-026, remains.
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
12.3 on page 6 which requires said sign, rope and bollard barriers, or sand
fencing to prevent trampling of vegetation and erosion of the dune feature.
9. Condition F-8 of Resolution No. 09-026, remains.
Prior to Final PUD Development Order approval, the Final PUD Site Plan shall be
revised to provide best practices of "green development" including but not limited
to a cistern system for the collection of rain water for reuse in landscape
irrigation; architectural illustrations of the pool and cabana depicting innovative
building practices; and the utilization of LEED technology to the greatest extent
possible.
10. Condition F-9 of Resolution No. 09-026, remains.
Prior to issuance of a construction permit for this project, the developers, their
successors or assigns, shall have entered into an enforceable utility service
agreement with St. Lucie County Utilities to ensure the provision of sewer
services. This agreement shall be in a form consistent with St. Lucie County
Utility District regulations regarding utility service extensions and service
provisions.
11. Condition F-10 of Resolution No. 09-026, remains.
Prior to issuance of a construction permit for this project, the developers, their
successors or assigns, shall have entered into an enforceable utility service
agreement with Fort Pierce Utilities Authority to ensure the provision of water
services. This agreement shall be in a form consistent with Fort Pierce Utilities
Authority regulations regarding utility service extensions and service provisions.
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12. Condition F-11 of Resolution No. 09-026, remains.
Prior to the Final Plat approval and issuance of building permits for the project,
the developer, his successors or assigns, shall submit a County Stormwater
application and pay the applicable fees.
13. Condition F-12 of Resolution No. 09-026, remains.
Prior to the Final Plat approval and issuance of building permits for the project,
the developer, his successors or assigns, shall provide proof of receipt of the
required South Florida Water Management District Environmental Resource
permit.
COUNTY ATTORNEY'S OFFICE
14. Condition F-13 of Resolution No. 09-026, remains.
Prior to Final PUD Site Plan approval the following notations shall be made on
the Final Site Plan:
a. Sheet L-15 -Irrigation Plan -The street name Joe's Point should read
Joe's Pond;
b. Sheets 8, 9, 10, 15 -State Road Al A is missing its right-of-way; and,
c. Environmental Resources Department has made a Conservation
Easement a requirement for the Dune Preservation Zone, and Wetland
Preserve Areas. On all Site Plan sheets pertaining to the Conservation
area, please delineate the Conservation Easement and Preservation &
Wetland Areas.
15. Condition F-14 of Resolution No. 09-026, remains.
Prior to recordation of the Final plat, all property included in the legal description
of the petition shall be subject to a Declaration of Restrictions and Covenants
acceptable to the County Attorney's office which shall include the following:
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
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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
16. Condition F-15 of Resolution No. 09-026, remains.
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.
B. The property on which this development order extension 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.
Parcel ID# 2529-233-0002-000/0
LOCATION: On the east side of South Ocean Drive on South Hutchinson Island,
1700 ft north of Middle Cove Beach access.
C. The conditions set forth in Part A are an integral non severable part of the site
plan approval granted by Resolution No. 09-026. If any condition set forth in Part
A is determined to be invalid or unenforceable for any reason and the developer
declines to comply voluntarily with that condition, this development order
extension approval granted by this resolution shall become null and void.
D. The St. Lucie County Planning and Development Services Director is hereby
authorized and directed to cause notation of this Order to be made on the Official
File No.: BCC 1 201 4471 5
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Zoning Map of St. Lucie County Florida and to make notation of reference to the
date of adoption of this Resolution.
E. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 24th day of February, 2014.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY
Mark Satterle , AICP, Director
APPROVED AS TO FORM
AND COR CTNESS:
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County Attorriey
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