HomeMy WebLinkAbout16-0561
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RESOLUTION 2016-56
File Number: MJSP1020104163
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY FOR MAJOR SITE PLAN APPROVAL
CONSISTING OF 102 RESIDENTIAL CONDOMINUM DWELLING
UNITS FOR A PROJECT TO BE KNOWN AS THE ATLANTIC ON 22.2
ACRES OF PROPERTY 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:
SITE PLAN
1) Brian O'Connell, Esq. presented a petition for a Major Site Plan to be known
as The Atlantic consisting of 102 residential condominium dwelling units on
22.2 acres with recreational amenities (swimming pool, gym, a tennis court
and two dune crossovers) for the subject property described in Part A.
2) On April 5, 2016, this Board held a public meeting on the petition.
3) The St. Lucie County Development Review Committee has reviewed the
Major Site Plan for the project and found it to meet all technical requirements
and to be consistent with the Future Land Use Map of the St. Lucie County
Comprehensive Plan, subject to the conditions set forth in Part B of this
Resolution.
4) The proposed project is consistent with the general purpose, goals,
objectives, and standards of the St. Lucie County Land Development Code,
the St. Lucie County Comprehensive Plan and the Code of Ordinances of St.
Lucie County.
5) 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.
6) All reasonable steps have been taken to minimize any adverse effect of the
proposed project on the immediate vicinity through building design, site
design, landscaping and screening.
7) The proposed project will be constructed, arranged and operated so as not to
interfere with the development and use of neighboring property, in
accordance with applicable district regulations.
April 5, 2016
Page 1
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4180009 04/14/2016 at 01:33 PM
OR BOOK 3857 PAGE 1611 - 1618 Doc Type: RESO
RECORDING: $69.50
X
Resolution No. 2016-56
File No.: MJSP 1020104163
1 8) The proposed project will be served by Fort Pierce Utilities Authority for
2 potable water and St. Lucie County Utilities for wastewater.
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4 WETLAND WAIVER
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6 9) Brian O'Connell, Esq has requested, as part of their proposed site plan, a
7 waiver from the Comprehensive Plan Policies 6.1.14.5 and 6.1.14.6 to allow
8 1.21 acres of Category 1 mangrove wetland impacts and 0.86 acres of
9 wetland buffer impacts (as depicted on the site plan).
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11 10) After consideration of the testimony presented during the April 5, 2016 public
12 meeting, including staff comments and the standards of review for granting a
13 waiver as set out in Policy 6.1.14.2.d, St. Lucie County Comprehensive Plan,
14 the Board of County Commissioners has made the following determination..
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16 a. The requested waiver for Category 1 wetland impacts and upland buffer
17 impacts as depicted on the attached site plan meets the standards of
18 review as set forth in Policy 6.1.14.2.d of the St. Lucie County
19 Comprehensive Plan.
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21 b. The waiver granted will not impair other property or improvements in the
22 neighborhood. All reasonable steps have been taken to minimize any
23 adverse effect of the proposed project on the immediate vicinity through
24 building design, site design, landscaping, and screening.
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26 c. The waiver granted is the minimum necessary to allow for construction of
27 the access roadway without impacting existing other surface waters and
28 reasonable use of the site.
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30 d. The applicant has provided 0.43 acres of upland buffer area to
31 compensate for the reduction in wetland buffer impacts, thereby meeting
32 the general spirit and intent of the St. Lucie County Land Development
33 Code and Comprehensive Plan.
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35 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
36 Lucie County, Florida:
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38 A. The property on which the Major Site Plan is being granted is described as follows:
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40 Parcel
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42 The North 469.42 Feet of Government Lot 2, Section 29, Township 35 South,
43 Range 41 East, St. Lucie County, Florida, together with a non-exclusive easement
44 for Ingress and Egress over the following; From the N.W. corner of Government
45 Lot 2, Section 29, Township 35 South, Range 41 East, run South along the West
46 line of said Government Lot 2, a distance of 469.42 Feet to the Point of Beginning;
April 5, 2016 Resolution No. 2016-56
Page 2 File No.: MJSP 1020104163
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thence continue South 121 feet to the easterly right-of-way line of State Road A -1-
A, thence run Southeasterly along said right-of-way, 122.51 Feet, thence run North
227.81 Feet; thence run West 60.00 Feet to the Point of Beginning.
Said land contains 10.55 Acres, more or less.
Parcel 2
The South 469.42 Feet of the North 938.84 Feet of Government Lot 2, Section 29,
Township 35 South, Range 41 East, St. Lucie County, Florida. Excepting the right-
of-way of State Road A -1-A, subject to a non-exclusive easement for Ingress and
Egress over the following; From the N.W. corner of Government Lot 2, Section 29,
Township 35 South, Range 41 East, run South along the West line of said
Government Lot 2, a distance of 469.42 Feet to the Point of Beginning; thence
continue South 121 Feet to the Easterly right-of-way of State Road A -1-A; thence
run Southeasterly along said right-of-way 122.51 Feet; thence run North 227.81
Feet; thence run West 60.00 Feet to the Point of Beginning, and that part of said
Government Lot 2, Section 29, Township 35 South, Range 41 East, lying west of
State Road A -1A, less the South 100 feet thereof.
Said land contains 11.64 acres, more or less. (Including lands on the West side of
State Road A -1-A).
Parcel ID Numbers: 2529-231-0002-000-4 and 2529-231-0001-000-7
B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the
Major Site Plan for the project known as The Atlantic is hereby approved as shown
on the site plan drawings for the project prepared by Ladyko Design Group, LLC
dated January 25, 2016, and date stamped received by the St. Lucie County
Planning & Development Services Department on April 7, 2016, subject to the
following conditions:
1) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever
comes first, an executed Conservation Easement, approved Preserve Area
Monitoring and Management Plan (PAMMP) and Sea Turtle Protection Plan
(STPP) with an attached affidavit and cashier's check (payable to the Clerk of
the Court for recording fees) shall be provided to the County Attorney. The
applicant shall also provide a digital shapefile of the conservation easement to
the County. A copy of a standard Conservation Easement can be found on the
St. Lucie County ERD website at:
www.stiucieco..qov/pdfs/Conservation Easement Form.pdf.
2) Prior to issuance of a Vegetation Removal Permit of Exemption, the applicant
shall provide a detailed Dune Restoration Plan, including proposed height,
slope, grain size, restoration schedules and methods and restrictions on the
dune preservation area including details regarding the dune crossover.
April 5, 2016
Page 3
Resolution No. 2016-56
File No.: MJSP 1020104163
1 1 3) Prior to the issuance of a Certificate of Occupancy, a registered Florida
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architect or engineer shall conduct a nighttime survey with all of the beachfront
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lighting turned on and provide a report of the inspection to the Environmental
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Resources Department as outlined in the approved Sea Turtle Protection Plan.
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If any violations of the sea turtle lighting code are identified a Certificate of
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Occupancy shall not be issued until all violations have been corrected.
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4)
Prior to issuance of a Vegetation Removal Permit or Exemption, whichever
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comes first, the developer, successor or assignee shall provide proof of an
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escrow account or account held in reserve acceptable to the County Attorney,
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for the cost of total dune reconstruction and perpetual dune maintenance per
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the approved Preserve Area Mitigation, Monitoring, and Maintenance Plan.
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5)
Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
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shall include the following information within the Property Owners' Association
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documents:
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a. Restrictions on any encroachment into the preserve areas, as well as
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restrictions on vegetation removal outside the building pad areas.
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b. References to the Preserve Area Monitoring and Management Plan and
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Sea Turtle Protection Plan.
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C. Disclosure regarding the COBRA zone designation for this property.
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d. Mechanism for perpetual financial responsibility of the Property Owners'
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Association for future dune maintenance.
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6)
Prior to issuance and a Vegetation Removal Permit or Exemption, an updated
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wetland jurisdictional determination and/or permit shall be submitted from Army
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Corps of Engineers. If the location of the Army Corps of Engineers jurisdictional
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wetland line creates any inconsistency with the approved site plan an
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adjustment to the site plan will be required.
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7)
Within 90 days of site plan approval all invasive exotic vegetation shall be
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removed.
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8)
Prior to issuance of a Vegetation Removal Permit or Exemption, listed species
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surveys including but not limited to gopher tortoise surveys shall be updated as
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required per state and/or federal survey protocol. Should any listed species be
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found as a result of these updated surveys appropriate permits from state and
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federal agencies shall be required.
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9)
Prior to issuance of a Vegetation Removal Permit or Exemption, the
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developers, their successor or assigns, shall conduct a pre -construction
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meeting with construction personnel and Environmental Resources Department
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staff, addressing vegetation and water quality protection measures.
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April 5, 2016 Resolution No. 2016-56
Page 4 File No.: MJSP 1020104163
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10) 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.
11) All other applicable state or federal permits, including but not limited to Florida
Department of Environmental Protection and Army Corps of Engineers permits,
must be obtained before commencement of the development.
12) Prior to the issuance of the first certificate of occupancy, the property owner
shall coordinate the alignment and connection of the 26 -foot wide stabilized
emergency access driveways as depicted on the site plan drawings with the
property owners to the north and south and enter into a cross -access
agreement with both adjacent property owners. This agreement shall be
recorded identifying that the driveways shall be pervious in nature, shall be kept
clear of any obstructions and shall be utilized only for emergencies. This cross
access easement will not be required if an agreement is executed for the
construction of a shared access driveway that will be utilized for ingress/egress
with either development to the north or south. Said shared access driveway
improvements shall require modifications to the approved site plans.
13) Prior to the issuance of the certificate of occupancy for the second residential
condominium building, the following recreational amenities (gym, swimming
pool, tennis court and dune crossovers) shall be constructed with a certificate of
occupancy or completion issued by the County's Building Department in
accordance with the approved site plan.
C. The approvals and authorizations granted by this Resolution shall expire on April 5,
2018 unless a building permit is secured 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 A. 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
April 5, 2016
Page 5
Resolution No. 2016-56
File No.: MJSP 1020104163
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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 B are an integral non -severable part of the site plan
approval granted by this Resolution. If any condition set forth in Part 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 Certificate of Capacity, a copy of which is attached hereto as Exhibit B and made
a part hereof the Resolution, was granted by the Planning & Development Services
Department Director on April 6, 2016.
G. 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.
H. ADOPTION
After motion and second, the vote on this resolution was as follows:
Kim Johnson, Chairman AYE
Chris Dzadovsky, Vice -Chairman AYE
Tod Mowery, Commissioner AYE
Frannie Hutchinson, Commissioner AYE
Paula Lewis, Commissioner AYE
PASSED AND DULY ADOPTED this 5th day of April, 2016.
ATTEST:
DEPUTY CLERK
April 5, 2016
Page 6
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FORM AND
CORRECTNESS:
16-56
File No.: MJSP 1020104163
1
EXHIBIT "A"
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LOCATION MAP
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April 5, 2016
Resolution No. 2016-56
Page 7
File No.: MJSP 1020104163
EXHIBIT ° B °
wm�
St Lucie County
Certificate of Capacity
Date 4/6/2016
Certificate No. 2968
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development
Number of units 102 Number of square feet
2. Property legal description & Tax ID no.
2529-231-0002-000-4 and 2529-231-0001-000-7
The Atlantic Major Site Plan
3. Approval: Building Resolution No. 2016-056
4. Subject to the following conditions for concurrency:
As per Resolution 2016-056
Owner's name
Brian O'Connell, Esq.
Address
515 North Flagler Drive, Suite 2000
West Palm Beach FL 33401
6. Certificate Expiration Date 4/5/2018
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 terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
develo nt rder(s Ylssued for the same property, use and size as descr-bed herein.
Signed Date: 4/6/2016
Planning and Development Services Director
St Lucie County, Florida