HomeMy WebLinkAbout14-069
1 RESOLUTION 2014-69
2 MNSP 1020134684
3
4 A RESOLUTION GRANTING A WAIVER FROM THE ST. LUCIE
5 COUNTY COMPREHENSIVE PLAN POLICY 6.1.14.2 AND 6.1.14.5
6 AND MAJOR SITE PLAN APPROVAL FOR THE PROJECT TO BE
7 KNOWN AS TARPON FLATS FOR CERTAIN PROPERTY IN ST.
8 LUCIE COUNTY, FLORIDA.
9
10 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida,
11 based on the testimony and evidence, including but not limited to the staff report,
12 has made the following determinations:
13
14 GENERAL
15
16 1. Tarpon Flats, LLC., presented a petition for a Major Site Plan approval for a
17 38 lot residential subdivision to be known as Tarpon Flats, located on the west
18 side of North SR A1A (South Ocean Drive), approximately 1.4 miles north of
19 Shorewinds Drive in the HIRD (Hutchinson Island Residential District) and
20 RS-4 (Residential, Single Family) Zoning District as more particularly
21 described in Part C below and depicted on Exhibit A.
22
23 2. As part of the Major Site Plan review process, Tarpon Flats, LLC., has
24 requested a waiver from the provisions of Conservation Policy 6.1.14.2 and
25 Policy 6.1.14.5 of the St. Lucie County Comprehensive Plan to allow impacts
26 to a Category 1 wetland required 50 foot wetland buffer in the specific areas
27 depicted on the site plan as described in Part B below.
28
29 WAIVER
30
31 3. On January 6, 2004, through Ordinance 04-004, the St. Lucie County Board of
32 County Commissioners adopted St. Lucie County Comprehensive Plan
33 Conservation Policy 6.1.14.2 and Policy 6.1.14.5 for the protection of wetland
34 functions and values.
35
36 4. Tarpon Flats, LLC, presented a request for a waiver from the St. Lucie County
37 Comprehensive Plan Policy 6.1.14.5 resulting in impacts to 633 square feet of
38 upland buffer for a Category 1 Wetland, for the purpose of constructing a
39 portion of the residential project to be known as Tarpon Flats, located on
40 North Hutchinson Island.
41
42 5. After consideration of the testimony, including staff comments and the
43 standards of review for granting a waiver as provided for in Policy 6.1.14.2(d),
44 St. Lucie County Comprehensive Plan, the Board of County Commissioners
45 has made the following determinations:
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File No.: MNSP 10201334684 Resolution 2014-69
May 6, 2014 Page 1
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1 a. The requested waiver does meet the standards of review as set forth in
2 Policy 6.1.14.2(d) of the St. Lucie County Comprehensive Plan.
3
4 b. Wetland 1 (0.12 acres) is fringe mangrove wetland on the western edge of
5 the project site that borders the Ft. Pierce Cut of the Indian River Lagoon;
6 therefore, it is considered a Category I wetland and requires a minimum
7 fifty foot upland buffer per the St Lucie County Comprehensive Plan
8 Conservation Policy 6.1.14.5.
9
10 c. The waiver requested is the minimum needed to allow for the proposed
11 residential development.
12
13 d. The waiver requested does meet the general spirit and intent of the St.
14 Lucie County Land Development Code and the St. Lucie County
15 Comprehensive Plan.
16
17 SITE PLAN
18
19 6. The petitioner, Tarpon Flats, LLC., is proposing a development consisting of
20 thirty-eight (38) single family lots to be known as Tarpon Flats located on the
21 west side of South Ocean Drive, approximately 1.4 miles north of Shorewinds
22 Drive.
23
24 7. The Development Review Committee has reviewed the Major Site Plan for the
25 proposed project and found it to meet ail technical requirements and to be
26 consistent with the future land use maps of the St. Lucie County
27 Comprehensive Plan, subject to approval of the Wetland Waiver in Part A
28 below and the conditions of approval in Part B below.
29
30 8. The proposed project is consistent with the general purpose, goals,
31 objectives, and standards of the St. Lucie County Land Development Code,
32 the St. Lucie County Comprehensive Plan and the Code of Ordinances of St.
33 Lucie County, subject to approval of the wetland waiver reference in Part A
34 below and the conditions of approval in Part B below.
35
36 9. The proposed project will not have an undue adverse effect on adjacent
37 property, the character of the neighborhood, traffic conditions, parking, utility
38 facilities, or other matters affecting the public health, safety and general
39 welfare.
40
41 10.AI1 reasonable steps have been taken to minimize any adverse effect of the
42 proposed project on the immediate vicinity through building design, site
43 design, landscaping, and screening, subject to compliance with the wetland
44 waiver.
45
File No.: MNSP 10201334684 Resolution 2014-69
May 6, 2014 Page 2
1 11. The proposed project will be constructed, arranged and operated so as not to
2 interfere with the development and use of neighboring property, in accordance
3 with applicable district regulations.
4
5 12. The proposed project will be served by adequate public facilities and services.
6
7 13. The applicant has demonstrated that water supply, evacuation facilities, and
8 emergency access are satisfactory to provide adequate fire protection.
9
10 14.The applicant has applied for and received a Certificate of Capacity, a copy of
11 which is attached to this order as Exhibit B, as required under Chapter V, St.
12 Lucie County Land Development Code.
13
14 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
15 of St. Lucie County, Florida:
16
17 WAIVER
18
19 A. The petition for a Waiver from the Provisions of Policy 6.1.14.2 and Policy
20 6.1.14.5, St. Lucie County Comprehensive Plan to allow for the alteration of the
21 required wetland buffer is hereby granted for the property described in Section
22 C and depicted on the site plan described in Part B, subject to the site plan
23 conditions of approval in Part B.
24
25 This waiver shall expire upon the expiration of this Major Site Plan approval as
26 described in Part D. If this site plan expires this wetland waiver expires.
27
28 SITE PLAN
29
30 B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code,
31 the Major Site Plan for the project to be known as Tarpon Flats, is hereby
32 approved as shown on the site plan drawings for the project prepared by
33 Schulke, Bittle & Stoddard, LLC dated August 8, 2013, revised through April 17,
34 2014, and date stamped received by the St. Lucie County Planning Division on
35 April 24, 2014, subject to the following conditions:
36
37 1. Pursuant to Chapter 11.04 of the St. Lucie County Land Development
38 Code, the applicant shall either construct or bond all required
39 improvements prior to recordation of the final plat. Should the applicant
40 choose to bond the required improvements, a Subdivision Improvement
41 Agreement together with the appropriate surety supported by an
42 engineer's opinion of probable cost shall be required. The engineer's
43 opinion of probable cost shall be approved by the County Engineer. The
44 form of surety shall be approved by the County Attorney. The final plat
File No.: MNSP 10201334684 Resolution 2014-69
May 6, 2014 Page 3
1 shall not be recorded until the County Administrator or designee
2 approves and signs the Subdivision Improvement Agreement.
3
4 2. Prior to Final Plat approval, the applicant, their successors or assigns,
5 shall obtain Board of County Commissioners approval to abandon the
6 existing rights-of-way within the Bonita Isles subdivision and make
7 payment of the applicable privilege fee.
8
9 3. Prior to Final plat approval for this project, the applicant, their successors
10 or assigns, shall have provided documentation satisfactory to the County
11 Planning Director that ensures water and wastewater service will be
12 available to service the proposed residential subdivision.
13
14 4. Prior to recording of the plat, the developer or his assigns, shall submit
15 documentation from the St. Lucie County Fire District indicating that they
16 have satisfied the Fire District's requirements.
17
18 5. Prior to issuance of a Vegetation Removal Permit or Exemption, the
19 applicant shall provide a copy of the Homeowners Association guidelines
20 (Homeowners/Property Owners Association or Declaration of Covenants
21 documents) for our review. The guidelines, at a minimum, should specify
22 restrictions on any encroachment into the open space, preserve, and
23 lake management tracts and lay out the rights and responsibilities for
24 maintenance of the conservation areas.
25
26 6. Within 90 days of site plan approval or prior to issuance of a Vegetation
27 Removal Permit or Exemption, whichever comes first, the applicant shall
28 provide the required executed St. Lucie County conservation easement
29 and the Environmental Resources Department-approved Preserve Area
30 Monitoring and Management Plan (PAMP) with an attached
31 affidavit, and a cashier's check, payable to the Clerk of the Court for the
32 appropriate recording fees, to the County Attorney for review and
33 approval. A copy of the standard Conservation Easement document can
34 be obtained by visiting the St. Lucie County Environmental Resources
35 Department website at:
36 http://www.stlucieco.gov/pdfs/Conservation Easement Form.adf.
37
38 7. The issuance of County development permit does not in any way create
39 any rights on the part of the applicant to obtain a permit from a state or
40 federal agency and does not create any liability on the part of the County
41 if the applicant fails to obtain requisite approvals or fulfill the obligations
42 imposed by a state or federal agency or undertakes actions that result in
43 a violation of state or federal law.
44
File No.: MNSP 10201334684 Resolution 2014-69
May 6, 2014 Page 4
1 8. All other applicable state or federal permits must be obtained before
2 commencement of the development.
3
4 C. The property on which this site plan approval is being granted is described as
5 follows:
6
7 BEGIN AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF
8 STATE ROAD A-1-A HIGHWAY, A 100 FOOT WIDE RIGHT OF WAY AT
9 THIS TIME, AND THE NORTH LINE OF THE SOUTH ONE-HALF OF
10 SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST AS SHOWN ON
11 A PLAT OF SURVEY OF PROPERTIES BEING IN SECTIONS 14, 23 AND
12 24, TOWNSHIP 34 SOUTH, RANGE 40 EAST, RECORDED IN PLAT
13 BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY,
14 FLORIDA, SAID POINT ALSO BEING THE NORTHEAST CORNER OF
15 BONITA ISLE -UNIT 1, AS RECORDED IN PLAT BOOK 9, PAGE 62 OF
16 THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THENCE
17 RUN SOUTH 18°27'57" EAST ALONG SAID WEST RIGHT OF WAY LINE
18 OF STATE ROAD A-1-A AND THE EAST LINE OF SAID BONITA ISLE
19 UNIT 1, A DISTANCE OF 11.95 FEET TO A POINT; THENCE RUN
20 SOUTH 17°16'10" EAST (BASIS OF BEARINGS) ALONG SAID WEST
21 RIGHT OF WAY LINE OF STATE ROAD A-1-A AND THE EAST LINE OF
22 SAID BONITA ISLE UNIT 1, A DISTANCE OF 427.52 FEET; THENCE
23 LEAVING SAID WEST RIGHT OF WAY LINE, RUN SOUTH 89°45'08"
24 WEST ALONG THE NORTH RIGHT OF WAY LINE OF LOS OLAS
25 AVENUE AS SHOWN ON SAID PLAT OF BONITA ISLES UNIT 1, A
26 DISTANCE OF 84.81 FEET; THENCE LEAVING SAID NORTH RIGHT OF
27 WAY LINE, RUN SOUTH 00°11'55" EAST, A DISTANCE OF 50.00 FEET
28 TO THE SOUTH RIGHT OF WAY LINE OF SAID LOS OLAS AVENUE;
29 THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE, RUN SOUTH
30 17°10'09" EAST, A DISTANCE OF 133.14 FEET TO THE SOUTH LINE OF
31 SAID BONITA ISLE UNIT 1 AS FOUND MONUMENTED AT THIS TIME;
32 THENCE RUN SOUTH 89°37'27" WEST ALONG SAID SOUTH LINE, A
33 DISTANCE OF 588.38 TO THE EAST SAFE UPLAND LINE OF FORT
34 PIERCE CUT, THENCE LEAVING SAID SOUTH LINE RUN NORTH
35 39°14'15" WEST ALONG SAID EAST SAFE UPLAND LINE OF SAID FORT
36 PIERCE CUT, A DISTANCE OF 154.67 FEET; THENCE NORTH
37 25°20'54"WEST, A DISTANCE OF 72.60 FEET; THENCE NORTH
38 23°17'20"WEST, A DISTANCE OF 219.01 FEET; THENCE NORTH
39 20°43'03"WEST, A DISTANCE OF 153.06 FEET; THENCE NORTH
40 27°39'41 "WEST, A DISTANCE OF 105.12 FEET; THENCE NORTH
41 30°46'38"WEST, A DISTANCE OF 119.61 FEET; THENCE NORTH
42 26°27'32"WEST, A DISTANCE OF 79.79 FEET TO A POINT 200 FEET
43 NORTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH
44 ONE-HALF OF SAID SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40
45 EAST, SAID LINE ALSO BEING THE SOUTH LINE OF WATERS EDGE
File No.: MNSP 10201334684 Resolution 2014-69
May 6, 2014 Page 5
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SUBDIVISION, AS RECORDED IN PLAT BOOK 36, PAGE 11 OF THE
PUBLIC RECORDS OF ST.LUCIE COUNTY, FLORIDA; THENCE
LEAVING SAID EAST SAFE UPLAND LINE OF FORT PIERCE CUT, RUN
NORTH 89°45'08" EAST ALONG AFORESAID LINE, A DISTANCE OF
851.51 FEET TO THE WEST RIGHT OF WAY LINE OF STATE ROAD A-1-
A; THENCE SOUTH 18°27'57" EAST ALONG SAID WEST RIGHT OF WAY
LINE, A DISTANCE OF 210.55 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 13.95 ACRES MORE OR LESS.
Location: North Hutchinson Island, approximately 1.4 miles north of the
Shorewinds Drive.
D. The approvals and authorizations granted by this Resolution for the purpose of
obtaining building permits on this property, shall expire on May 6, 2016, 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)(2), 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.
After motion and second, the vote on this resolution was as follows:
Chair Frannie Hutchinson AYE
Vice-Chair Paula Lewis AYE
Commissioner Chris Dzadovsky AYE
Commissioner Tod Mowery AYE
Commissioner Kim Johnson AYE
File No.: MNSP 10201334684
May 6, 2014
Resolution 2014-69
Page 6
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PASSED AND DULY ADOPTED this 6th day of May, 2014
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNT ,FLORID
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ATTEST
Deputy Clerk
APPROVED AS TO FORM
AND RRECTNES
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County Atto - y
File No.: MNSP 10201334684
May 6, 2014
Resolution 2014-69
Page 7
1
EXHIBIT A
H1RD
REGAL RD
HIR~
CPUB
Legend Zoning N
CO -Commercial Office HIRD -Hutchinson Island Residential DisUict n
r/~~~ Subject property CPUB -Conservation Public PUD -Planned Unit Development N
r ~ I -Institutional RSA -Residential Single Family (4 du/ac)
2
3
File No.: MNSP 10201334684
May 6, 2014
Resolution 2014-69
Page 8
1
EXHIBIT B
i ~
I
Sl tucic Cuunly
Crrtific(~tc of C'Npt;city~
Date ~t~=3i2Ut4 Certificate No. 29,7
This document certitles tliat concurrency will be met and that adoquatc public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan far:
1. TYpe of dovalopmont Tarpon l=la[s 1•iajor Si(e Plan; ,
Nurnber of units '3 Number of square feet ''
2. Property legal description & Tax ID no. ,
1 ~I ^ 38!ti i {104? 0 G47 and nr;t: ra - ;cc ti Is 1
1:1 Nlilcsnmh nf~hnn:a•inds Ih•itc
"J'erpar H'Ixtg '( urpur blab Keplu( uCtSunita Isles •
3. Approval: Buildinn Resolution No. 2014.69 Letter
4. Subject io the following condlUons for concurrency:
J'ut~j:ct wCun:;ai~'iis ~~lApFtc+sul iu Rrsulu(ion 201d•ti9
Owner's name
TaRxm riots, I.LC, Gcc+r~e il~uwn Vlenuoine Mrrnbrr
Address
2^ ~ Ra}•ul Pnincias~ VVay 5uile I °•ti
Pulm Cl:a:ch ('i. 3348u '
$. Certificate Expiration Date 'Idr`2016
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 teens and conditions as the
underlying development orderissued with this certificate, or for subsequent
development ord s~ issued for the same property, use and size as described herein.
Signcxl I?ate: Sl7~Zlll4
Planning and Development Services Director
St Lucie County. Florida
~~'cdocsdat•, ]toy 07, 2014 Page 1 of 2
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File No.: MNSP 10201334684 Resolution 2014-69
May 6, 2014 Page 9