HomeMy WebLinkAboutPDS-14-038 - South Island PlantationJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3997893 09124/2014 at 11:03 AM
OR BOOK 3674 PAGE 2156 - 2162 Doc Type: ORD
RECORDING: $61.00
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PDS 14-038
FILE NO.: BCC 320144739
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 MINOR SITE PLAN FOR THE
PROJECT KNOWN AS SOUTH ISLAND PLANTATION.
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 Preferred Properties of St. Lucie, LLC and Oreo Chasseur,
LLC and has made the following determinations:
1. On November 16, 2007, the Planning and Development Services Director granted
approval through GM-07-021 for the project known as South Island Plantation. The
project consists of 28 residential condominium dwelling units on 5.96 acres located on
the west side of South Ocean Drive, opposite the Islandia I and II Condominium in the
HIRD (Hutchinson Island Residential District) Zoning District.
2. On January 25, 2010, the Planning and Development Services Director in accordance
with Florida Statutes Community Renewal Act authorized a site plan extension which
expired on October 31, 2011.
3. On December 16, 2010, the South Island Plantation Site Plan expiration date of
October 31, 2011 was further extended in accordance with Florida Statues Senate Bill
1752 for two years and was scheduled to expire on October 31, 2013.
4. 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.
5. 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.
6. The amendment further provides that for all site plans expired between the dates of
January 1, 2013 and February 28, 2014, the request for the Land 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
File No.: BCC 320144739
September 15, 2014
PDS 14-038
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and the anticipated time frame for acting on the authorization.
7. Further, pursuant to Section 11.02.06, the request for the Land Development Code
administrative extension must be reviewed by Planning and Development Services
Department, Environmental Resources Department and found not to be in significant
noncompliance with the original St. Lucie County development order granting
approval.
8. Planning Staff and Environmental Resources Department 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 South Island Plantation Administrative Extension,
dated September 15, 2014.
NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Planning and Development
Services of St. Lucie County, Florida:
A. Pursuant to Section 11.02.06(6)(4) of the St. Lucie County Land Development Code,
the Minor Site Plan, approved through GM-07-21, is hereby granted an extension for a
period of two years from its last scheduled date of expiration, October 31, 2013 and
shall now expire October 31, 2015, for the property described in Part B, is hereby
approved with the following conditions:
1. All previous conditions of approval applicable to the subject propertv, as
contained in GM-07-021 have been consolidated as contained herein. The
propertv owner shall comply with all previous conditions of approval and
deadlines established by Chapter 11 of the Land Development Code, unless
expressly modified herein.
2. Condition A-1 of GM-07-021, remains.
Prior to the issuance of any final site construction authorizations, including land
clearing permits, the developers, his successor assigns, shall provide a copy of
ingress/egress easement over the entry drive to the Islandia Common Area
access road extending south of this project's entry drive. The purpose of this
condition is to address an apparent omission in the existing recorded access
easements applicable to this property to allow the use of this entry drive for
access into the parking areas lying south of that drive. This condition shall be
deemed satisfied upon receipt by the County of a recorded copy of any such
access easement, or equivalent documentation.
3. Condition A-2 of GM-07-021, remains.
Prior to issuance of a vegetation removal permit for any portion of the South
Island Plantation site, the developers, their successor or assigns, shall submit to
File No.: BCC 320144739
September 15, 2014
PDS 14-038
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St. Lucie County environmental Resources Department a revised Sheet LD-01
showing which cabbage palms are to be preserved in place & which cabbage
palms are to be relocated elsewhere on site and where (preferably to wetland
buffer area).
4. Condition A-3 of GM-07-021, remains.
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Prior to issuance of a vegetation removal permit for any portion of the South
Island Plantation Site, the developers, their successor or assigns, shall submit to
St. Lucie County Environmental Resources Department a revised Preserve Area
Management and Monitoring Plan with the following changes:
a. The PAMMP shall be designed to be used as a guide by the future
homeowners association for the long term management of the preserve area,
including discussions of best management practices that the future
residences should employ such as the nine principles of the Florida yards
and Neighborhoods Program promoting "green" practices such as native
plant, landscaping, water conservation, and minimization of fertilizers uses on
the grounds, and in stormwater systems, given the location of this project.
Please by sure this information is incorporated into the HOA documents (a
copy of the Institute of Food and Agricultural Sciences (IFAS) Florida Yards
and Neighborhoods Program handbook should be attached to the
Homeowners Documents and distributed to new residents);
b. The PAMMP shall include a description of proposed post wetland buffer
planting maintenance (Will temporary irrigation be provided? What source will
be used? Who will determine if the plants have been established and remove
the irrigation? If plants are not successful who, when, what plants will be
replaced? Etc.);
c. Revise section 2.00 to state .77 acres of wetland buffer rather than 0.51
acres of wetland buffer; and
d. Remove RL Weight contact information from preserve area sign (Figure 5 of
6 and replace with SLC ERD's contact information (St. Lucie County
Environmental Resources Depart, 2300 Virginia Ave., Ft. Pierce, Florida,
34982. (772)462-2526, www.stlucieco.gov/erd).
5. Condition A-4 of GM-07-021, remains.
Prior to issuance of a vegetation removal permit for any portion of the South
Island Plantation site, the developers, their successor or assigns, shall submit to
St. Lucie County Environmental Resources Department a revised copy of the
Homeowners Association guidelines (Homeowners/Property Owners Association
or Declaration of Covanence documents) for review. Please highlight all
requested changes so as to facilitate quicker review of the resubmitted material.
The guidelines, at a minimum, should specify restrictions on any encroachment
into the Preserve Areas as well as restrictions on vegetation removal from the
File No.: BCC 320144739
September 15, 2014
PDS 14-038
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relocation areas and required landscaping areas. At a minimum the documents
shall include:
a. Language which notifies prospective property owners that the association
property includes preservation areas which are protected under conservation
easements, and a map showing the wetland associated buffer locations; and
b. Language which informs the prospective property owners that the
preservation areas may not be altered from their natural/permitted condition
with the exception of: exotic vegetation removal, or restoration in accordance
with the preserve Area Management and Monitoring Plan and restoration
plan that shall be referenced in the conservation easement.
c. Language which informs the prospective property owners that the South
Island Plantation Homeowners Association, Inc. shall maintain in perpetuity,
the lands dedicated as a conservation easement in accordance with the
approved Preserve Area Management Plan. Further, the South Island
Plantation Homeowners Association, Inc. agrees that it shall take private
enforcement action against any member of the South Island Plantation
Homeowners Association, Inc. who violates the rules relating to
use/maintenance of the conservation easement.
d. Language which informs the prospective property owners that the Preserve
areas shall be maintained in perpetuity by the South island Plantation
Homeowners Association, Inc. or a qualified maintenance company. Such
maintenance shall include, but is not limited to, exotic vegetation removal,
replanting with appropriate native vegetation, vine control and removal of
trash and debris. Maintenance schedule should be employed to keep the
preserve areas ecologically functional and high quality, as well as a minimum
90% free to exotic vegetation.
e. Does 9.4(a), page 22, prohibit solar panels and hedges? If it does, ERD
recommends that language be struck.
f. Please change 9.4 (b) (ii) to include "No vegetation shall be removed from
any portion of this site without authorization from St. Lucie County".
6. Condition A-5 of GM-07-021, remains.
Prior to issuance of a Certificate of Occupancy for any portion of the South Island
Plantation site, Preserve Area signs shall be in place and acceptable (in location
and number) to SLC ERD staff. Specifically, the preserve area shall be visibly
and permanently posted (ERD recommends a sign between building 6 & the
stormwater area, buildings 5 & 4 buildings 3 and 2, and building 1 and the
property to the south). Please replace RL Weight contact information from
preserve area sign (Figure 5 of 6) with SLC ERD's contact information (St. Lucie
County Environmental Resources Department, 2300 Virginia Ave., Ft. Pierce,
Florida 34982, (772) 462-2526, www.stlucieco.gove/erd ).
File No.: BCC 320144739
September 15, 2014
PDS 14-038
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7. Condition A-6 of GM-07-021, remains.
Prior to issuance of a vegetation removal permit for any portion of the South
Island Plantation site, the developers, their successor or assigns, shall submit to
St. Lucie County Environmental Resources Department a final, recorded
Conservation Easement dedicated to, or made in favor of, the County and clearly
identifying the Preserve Area locations(s) and size(es).
8. Condition A-7 of GM-07-021, remains.
The Code Compliance Manager shall receive a copy of this Development Order
and the site plan it approves and shall not approve any building permits that do
not implement or are not consistent with this Development Order and the plans
hereby approved.
9. Condition A-8 of GM-07-021, remains.
Pursuant to Section 11.02.08(A)(6) of the St. Lucie County Land Development
Code, no work shall commence on the site until all regulatory permits required
from Federal, State, and regional agencies and special districts have been
issued. The Florida Department of Environmental Protection, National Pollutant
Discharge and Elimination System compliance notice must be submitted to the
County Engineer with the constructible site plan at the time of building permit
application or during permit review or no paving, grading, and drainage permit
and no building permit shall be issued. All National Pollutant Discharge and Elimi
nation System Best management Practices shall be instituted on the site prior to
site clearing and maintained daily. Stormwater ponds shall be roughed in at the
same time the site is cleared of groundcover.
10. Condition A-9 of GM-07-021, remains.
No clearing or other site work shall commence until after constructible
engineering plans have been approved by the County Engineer and all County
environmental permits have been issued by Environmental Resources
Department pursuant to Section 11.02.08(A)(7) of the St. Lucie County Land
Development Code. As of this date of issuance of this Development Order, no
constructible site development plans have been submitted for review. No work
shall commence after the issuance of environmental permits by county, or of any
other permits by any other agency, until the County Engineer has approved the
constructible site plans.
11. Condition A-10 of GM-07-021, remains.
Prior to the issuance of any building permits, and in addition to any building
permit fees and charges, the developers, successor or assigns shall pay all
File No.: BCC 320144739
September 15, 2014
PDS 14-038
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applicable Alternative Development Fees as required pursuant to Section
3.01.03(AA)(7) of the St. Lucie County Land Development Code. The first 5 units
of this project will only be subject to the standard road impact fee assessed by
St. Lucie County. The remaining 23 units will require payment of the Alterative
Development Fee of $13,697 per dwelling unit, which includes the road impact
fee. All units will be subject to all other required impact fees and assessment
that St. Lucie County may lawfully assess.
12. The following condition is hereby added:
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The issuance of a County development permit does not in any way create any
rights on the part of the applicant to obtain a permit from a state or federal
agencv and does not create any liability on the part of the County if the applicant
fails to obtain reauisite approvals or fulfill the obligations imposed by a state or
deferral agencv or undertakes actions that result in a violation of state or federal
law All other applicable state or federal permits must be obtained before
commencement of the development.
B. The property on which this administrative extension is being approved is described as
follows:
For a point of reference, Begin at the intersection of the North line of Section 2,
Township 37 South, Range 41 East with the West right-of-way line of State Road A-1-
A (a 100' right-of-way); said point lying on a curve concave to the East, a radial to said
point bears S70 ° 07' 34"W; From the Point Of Beginning, run Southeasterly along the
arc of said curve, having a radius of 11,615.78 feet and a central angle of 00°47'34",
an arc distance of 160.75 feet; thence run S68 ° 45' 47"W, a distance of 122.64 feet;
thence run S21°14'13"E, a distance of 139.00 feet; thence run S68°45'47"W, a
distance of 65.00 feet; thence run S21°14'13"E, a distance of 46.00 feet; thence run
S68 ° 45' 47"W, a distance of 398.97 feet; thence run N08 °26' 56"W, a distance of
19.21 feet; thence run N17° 46' 49"W, a distance of 105.55 feet; thence run
N47°24'36"W, a distance of 109.11 feet; thence run N35°33' 27"W, a distance of
144.35 feet; thence run N10°15'10"E, a distance of 142.52 feet; thence run
N31°05'38"W, a distance of 103.61 feet to a point on the North line of Section 2;
thence run S89°38'43"E, a distance of 651.55 feet to the Point Of Beginning.
Containing 5.96 acres more or less
Property Tax I.D. # 4502-212-0001-010/4, 4502-212-0001-050/6, 4502-212-0001-
070/2, 4502-212-0001-000/1.
(Location: West side of South Ocean Drive, approximately one-half mile north of
Nettles Boulevard, on South Hutchinson Island.)
File No.: BCC 320144739
September 15, 2014
PDS 14-038
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C. This Minor Site Plan approval administrative extension shall expire on October 31,
2015 unless a building permit is issued or an extension has been granted in
accordance with Section 11.02.06, St. Lucie County Land Development Code.
D. The Certificate of Capacity granted by the Planning and Development Services
Director shall remain valid for the period of this development order. If this order
expires or otherwise terminates, the Certificate of Capacity shall automatically
terminate.
E. The conditions set forth in Part A are an integral non-severable part of the site plan
approval as granted by this administrative extension. If any condition set forth in the
resolution 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.
F. A copy of this administrative extension shall be placed on file with the St. Lucie County
Planning and Development Services Director.
G. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 15th day of September, 2014.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY ~
Mark Satte lee, AICP, Director
APPROVED AS TO FORM
AND CORRECTNESS:
County Atto
G:\Planning\PROJECT FILES\South Island Plantation
File No.: BCC 320144739
September 15, 2014
PDS 14-038
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