HomeMy WebLinkAbout15-091RESOLUTION NO. 15-091
File Number: SPMJ 920144814
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY FOR MAJOR ADJUSTMENT TO PRELIMINARY PLANNED UNIT
DEVELOPMENT (PUD) SITE PLAN KNOWN AS SUNSET BEACH PUD IN ST.
LUCIE COUNTY.
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:
1. CL -RP, Hutchinson LLC presented a petition for a Major Adjustment to
Preliminary Planned Unit Development (PUD) Site Plan known as Sunset
Beach PUD located on the east side of South Ocean Drive, approximately
1,700 feet north of the Middle Cove beach access in the HIRD (Hutchinson
Island Residential District) Zoning District, as depicted on the attached map as
Exhibit "A" and described in Part "A" below.
The Site Plan Adjustment results in an increase of land from 29.15 acres to
34.22 acres due to changes in the mean high water line, the reduction of one
(1) single family residential lot, the re -location of the common recreation
amenity towards the center of the development, and the re -location of the main
access road to eliminate direct wetland impacts and reduce wetland buffer
impacts.
2. On June 2, 2009, the St. Lucie County Board of County Commissioners through
Resolution No. 09-026 granted Preliminary PUD Site Plan approval for a single
family residential development consisting of 44 lots. Through this Resolution,
the Board approved a Waiver from the provisions of the St. Lucie County
Comprehensive Plan (Policies 8.1.14.2 and 8.1.14.15) for the alteration of
wetlands and impacts to wetland buffers.
3. 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.
4. On February 24, 2014, the Planning and Development Services Director in
accordance with Ordinance No. 2013-43 authorized a site plan extension with
an expiration date of June 2, 2015.
5. The St. Lucie County Development Review Committee has reviewed the
petition for a Major Adjustment to Preliminary PUD Site Plan for the project and
found it to meet all technical requirements and to be consistent with the Future
June 2, 2015 Resolution No. 2015-91
File No.: SPMJ 920144814 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY Page 1
FILE # 4089886 07/09/2015 at 04:35 PM
OR BOOK 3766 PAGE 915 - 924 Doc Type: RESO
RECORDING: $86.50
Land Use Map of the St. Lucie County Comprehensive Plan, subject to the
conditions set forth in Part A of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
WAIVER
1. The Waiver approved through Resolution No. 09-026 is amended to allow for
development of 43 single family residential lots. The 0.67 acres of direct wetland
impacts that were previous approved have been eliminated, and the wetland
buffer impacts have been reduced from 1.2 acres to 0.49 acres. No direct
wetland impacts are permitted.
2. The amended Waiver is for the property described in Part "B", and shall not be
valid for a period longer than the approval granted in Part "C".
3. The amended Waiver granted under this Resolution is to enable development of
the site as depicted on the site plan drawings prepared by Ladyko Design Group,
LLC, dated April 17, 2015 and date stamped received by the Planning and
Development Services Department, Planning Division on June 10, 2015. Any
increase in the amount of direct wetland or wetland buffer impacts must be
approved by the Board of County Commissioners or said Waiver is null and void.
SITE PLAN
A. Pursuant to Land Development Code, Section 11.02.05, the Major Adjustment to
Preliminary PUD Site Plan known as Sunset Beach PUD is hereby approved as
shown on the site plan drawings for the project prepared by Ladyko Design
Group, LLC, dated April 17, 2015 and date stamped received by the Planning
and Development Services Department, Planning Division on June 12, 2015
subject to the following conditions:
1. All previous conditions of approval applicable to the subject property, as
contained in Resolution No. 09-026 and amended through GM Order 10-
006 and PDS Order 14-004 have been consolidated as contained herein.
The property owner shall comply with all previous conditions of approval
and deadlines previously established by LDC, Chapter 11 and the Board
of County Commissioners, unless expressly modified herein.
ENVIRONMENTAL RESOURCES DEPARTMENT
2. Condition A.2. of PDS Order 14-004 is hereby amended to read.
June 2, 2015
File No.: SPMJ 920144814
Resolution No. 2015-91
Page 2
a. 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 laws.
b. All other applicable state or federal permits including but not limited
to Florida Department of Environmental Protection Coastal
Construction Line permits must be obtained before commencement
of the development.
C. Prior to the issuance of a Vegetation Removal Permit or Exemption,
the applicant shall revise the Sea Turtle Protection Plan as follows:
1. Include the name of the general contractor.
2. Include construction schedule.
d. Prior to the issuance of a Vegetation Removal Permit or Exemption,
the applicant shall revise the HOA/Covenants Conditions and
Restrictions documents to include references to the required
escrow account for dune and culvert maintenance, PAMMP, Dune
Restoration, and Conservation easement documents.
e. Within 90 days of Final PUD Site Plan approval or prior to issuance
of a Vegetation Removal Permit or Exemption, whichever comes
first, the applicant shall provide the required executed Conservation
Easement, approved Preserve Area Monitoring and Management
Plan (PAMMP) with an attached affidavit and cashier's check
(payable to the Clerk of the Court for recording fees) to the County
Attorney for review and approval [Comprehensive Plan 9.1.4.4].
The applicant shall also provide a GIS shapefile or CAD file of the
conservation easement boundaries to St. Lucie County. A copy of
a standard Conservation Easement can be found on the St. Lucie
County Environmental Resources Department website at:
http://www.stlucieco.gov/pdfs/Conservation—Easement—Form.pdf.
3. Condition A.3. of PDS Order 14-004, is hereby amended to read.
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 and culvert maintenance per
the approved Preserve Area Management Plan.
June 2, 2015
File No.: SPMJ 920144814
Resolution No. 2015-91
Page 3
4. Condition A.4. has been added.
Prior to issuance of a Vegetation Removal Permit or Exemption, the
developers, their successor or assigns, shall conduct a pre -construction
meeting with construction personnel and Environmental Resources
Department staff, to verify vegetation protection measures have been
installed.
5. Condition A.S. has been added.
Within 90 days of Final PUD Site Plan approval all invasive exotic
vegetation shall be removed (Land Development Code Section 7.09.05).
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT, PLANNING
DIVISION
6. Condition A.4. of PDS Order 14-004, 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.
7. Condition A.S. of PDS Order 14-004, remains.
Prior to Final PUD Development Order approval, the Final PUD Site Plan
and Plat 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.
8. Condition A.6. of PDS Order 14-004, 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.
9. Condition A.7. of PDS Order 14-004, has been satisfied.
June 2, 2015
File No.: SPMJ 920144814
Resolution No. 2015-91
Page 4
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10. Condition A.B. of PDS Order 14-004, 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.
11. Condition A.9. of PDS Order 14-004, 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.
12. Condition A.10. of PDS Order 14-004, 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.
13. Condition A.11. of PDS Order 14-004, 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.
June 2, 2015
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Resolution No. 2015-91
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14. Condition A.12. of PDS Order 14-004, 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.
15. Condition A.13. of PDS Order 14-004, 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.
16. Condition A.16. has been added.
The Final PUD Site Plan shall provide a minimum 20 foot wide dune
maintenance easement from the north -south driveway to the easternmost
toe of the dune.
17. Condition A.17. has been added.
The Final PUD Site Plan and Plat shall show that the paved north -south
driveway be extended northward to the common property line with a
stabilized grass surface that will provide a secondary ingress/egress for
emergency purposes.
COUNTY ATTORNEY'S OFFICE
18. Condition A.14. of PDS Order 14-004, 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 A1A 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.
June 2, 2015
File No.: SPMJ 920144814
Resolution No. 2015-91
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19. Condition A.15. of PDS Order 14-004, 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 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
20. Condition A.16. OF PDS Order 14-004, 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 the Major Adjustment to Preliminary PUD Site Plan is being
granted is shown on a map in Exhibit "A" and described as follows:
GOVERNMENT LOT 2, LESS THE NORTH 938.84 FEET AND LESS THE RIGHT-
OF-WAY FOR STATE ROAD A -1-A; AND GOVERNMENT LOT 3, LESS THE
RIGHT-OF-WAY FOR STATE ROAD A -1-A, SECTION 29, TOWNSHIP 35S,
RANGE 41 E, ST. LUCIE COUNTY, FLORIDA.
June 2, 2015
File No.: SPMJ 920144814
Resolution No. 2015-91
Page 7
Parcel Identification Number: 2529-233-0002-000-0
C. The approvals and authorizations granted by this Resolution shall now expire on
June 2, 2017 unless a Final PUD Site Plan approval is granted or a site plan
extension is granted in accordance with Section 11.02.06(B)(2), St. Lucie County
Land Development Code.
D. The property owner, including any successors 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,
Florida Department of Transportation, 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 of this permit 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.
E. The conditions set forth in Part A are an integral non -severable part of the site plan
approval granted by this Resolution. 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, the site plan approval granted by this
resolution shall become null and void.
F. A recorded copy of this Resolution shall be attached to the site plan drawings
described in Part A, which plan shall be placed on file with the St. Lucie County
Planning & Development Services Department Director.
G. ADOPTION
After motion and second, the vote on this resolution was as follows:
Paula A. Lewis, Chair AYE
Kim Johnson, Vice Chair AYE
Frannie Hutchinson, Commissioner AYE
Chris Dzadovsky, Commissioner AYE
Tod Mowery, Commissioner AYE
June 2, 2015 Resolution No. 2015-91
File No.: SPMJ 920144814
Page 8
PASSED AND DULY ADOPTED this 2nd day of June, 2015.
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June 2, 2015
File No.: SPMJ 920144814
BOARD OF COUNT)( COMMISSIONERS
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Resolution No. 2015-91
Page 9
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June 2, 2015
File No.: SPMJ 920144814
Resolution No. 2015-91
Page 10