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Home My WebLink About15-051JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4058594 04/14/2015 at 11:51 AM OR BOOK 3735 PAGE 367 - 371 Doc Type: RESO RECORDING: $44.00 1 RESOLUTION 2015-51 2 FILE NO.: SPMJ 1220144833 3 4 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO THE 5 AVALON BEACH PLANNED UNIT DEVELOPMENT 6 7 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 8 testimony and evidence, including but not limited to the staff report, has made the following 9 determinations: 10 11 1. UTG Avalon Beach, LLC, presented a petition for a Major Adjustment to an existing 12 Planned Unit Development (PUD) Site Plan known as Avalon Beach PUD to modify the 13 maximum building lot coverage for Riverside lots and require 25% minimum pervious 14 open space for each lot in the project, located on North Hutchinson Island, between north 15 and south Avalon State Park, approximately .5 miles south of the Indian River County line, 16 as described in Section B and depicted on Exhibit A. 17 18 2. On November 8, 2005, this Board adopted Resolution 95-356, granting Final Planned Unit 19 Development Site Plan approval and a change in zoning to PUD (Planned Unit 20 Development — Ocean Estates) for a 38 lot ocean to river single family residential 21 subdivision. 22 23 3. On November 14, 2006, this Board approved the final plat for Avalon Beach PUD, FKA 24 Ocean Estates PUD. 25 26 4. On April 7, 2015, this Board held a public hearing on this petition for which public notice 27 was published in the St. Lucie News Tribune, a sign was erected on the property, and a 28 notice was mailed to all property owners within 500 feet at least 10 days prior to the 29 hearing. 30 31 5. Pursuant to Land Development Code Section 11.02.05(F), this Board has determined that 32 approving the proposed Major Adjustment to the Final PUD Site Plan is in substantial 33 conformity with the original approval and meets the standards of review, subject to the 34 conditions set forth in Part A of this Resolution. 35 36 6. The proposed project is consistent with the general purpose, goals, objectives and 37 standards of the St. Lucie County Land Development Code, the St. Lucie County 38 Comprehensive Plan and the Code of Ordinances of St. Lucie County. 39 SPMJ 220144833 Resolution 2015-51 April 7, 2015 Page 1 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 7. 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. 8. The Certificate of Capacity, issued on November 9, 2005, remains valid and demonstrates compliance with the requirements 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: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Avalon Beach PUD Site Plan amendment is hereby approved as depicted on the site plan drawings for the project prepared by Schulke, Bittle & Stoddard, LLC, dated December 11, 2014, revised through March 16, 2015, and date stamped received by the Planning and Development Services Department on March 18, 2015, for the property described in Section B, subject to the following conditions: 1. All terms and conditions of Resolution No. 05-356 granting Final Planned Unit Development Site Plan approval shall continue to remain in full force and affect unless amended pursuant to the Land Development Code. 2. The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable, federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 3. Per Florida Statute 125.022, the issuance of development approval 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. 4. The issuance of 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 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. SPMJ 220144833 April 7, 2015 Resolution 2015-51 Page 2 41 42 5. All other applicable state or federal permits must be obtained before commencement of the development. B. The property on which this Major Adjustment is being approval is being granted is described as follows: PARCEL 1 BEGINNING AT THE INTERSECTION OF THE SOUTH BOUNDARY OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AND THE EAST BOUNDARY OF THE PRESENT COUNTY ROAD RIGHT-OF-WAY, THENCE, NORTHWESTERLY ALONG SAID RIGHT-OF-WAY 100 FEET AND THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY OF SAID LOT 4, 390 FEET MORE OR LESS TO THE ATLANTIC OCEAN; THENCE, RUN SOUTHERLY MEANDERING THE OCEAN SHORELINE TO THE SOUTH BOUNDARY OF SAID LOT 4; THENCE, WEST ALONG SAID SOUTH BOUNDARY 389 FEET MORE OR LESS TO THE POINT OF BEGINNING, SAID LANDS LYING AND SITUATED IN ST. LUCIE COUNTY, FLORIDA. PARCEL 2 THE SOUTH 300 FEET OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST AND THE SOUTH 300 FEET OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE 100 FOOT ROAD RIGHT-OF-WAY FOR A -1-A, AND LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACT: BEGINNING TO THE INTERSECTION OF THE SOUTH BOUNDARY OF GOVERNMENT LOT 4, SECTION 3 TOWNSHIP 34 SOUTH, RANGE 40 EAST, AND THE EAST BOUNDARY OF THE PRESENT COUNTY ROAD RIGHT-OF-WAY, THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY 100 FEETAND RUN THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY OF SAID LOT 4, 390 FEET MORE OR LESS TO THE ATLANTIC OCEAN; THENCE, RUN SOUTHERLY MEANDERING THE OCEAN SHORELINE TO THE SOUTH BOUNDARY OF SAID LOT 4; THENCE, WEST ALONG SAID SOUTH BOUNDARY 389 FEET MORE OR LESS TO THE POINT OF BEGINNING; BEING THE TRACT DEED TO HARRY ZAHRLY AND HIS WIFE, ANNA ZAHRLY ON NOVEMBER 2, 1946, AS PER DEED RECORDED IN DEED BOOK 129, PAGE 147, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Location: West and east sides of State Road A -1-A, adjacent to the Avalon State Park and approximately .5 miles south of the Indian River County line. C. The developer is advised as part of this major adjustment approval that the developer or any successor in interest shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance SPMJ 220144833 April 7, 2015 Resolution 2015-51 Page 3 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 of this approval by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. D. The Certificate of Capacity granted on November 9, 2005, shall remain valid for the period of Development Plan approval. Should the Development Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. E. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the Planning and Development Services Director. After motion and second, the vote on this resolution was as follows: Chair Paula Lewis AYE Vice -Chair Kim Johnson AYE Commissioner Frannie Hutchinson AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE PASSED AND DULY ADOPTED this 7th Day of April, 2015. ATTEST: EPUTY CLERK SPMJ 220144833 April 7, 2015 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVEp AS TO FORM AND CORK CJI) tS5,:ii G COUNTY A Resolution 2015-51 Page 4 Ui A A 00 w W x CD 0 O C Indian River 0:71] SPMJ-1220144833 zoning Avalon Beach HIRD HIRD r -- --------- r — - - r f ♦ f � r � � s r � � ,4tlantie Ocean t } � 1 f 1 ♦' HIRD HIRD ® Subject property HIRD - Hutchinson Island Residential Distrix N 500 ft. notification area PUD - Planned Unit Development am May 0rc ,rt— 22, 2014 W N - �j