HomeMy WebLinkAboutPDS-16-031 - Hutchinson SandsJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4207845 07/07/2016 04:25:23 PM
OR BOOK 3888 PAGE 1181 - 1186 Doc Type: ORD
RECORDING: $52.50
1 1 PDS ORDER 16-031
2 FILE NO.: SPMN 421054863
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4 AN ORDER GRANTING A MINOR ADJUSTMENT TO THE
5 PREVIOUSLY APPROVED MAJOR SITE PLAN FOR THE
6 PROJECT KNOWN AS HUTCHINSON SANDS
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8 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
9 request for a Minor Adjustment to the Major Site Plan and reviewed the comments of the
10 Development Review Committee and has made the following determinations:
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12 1. Morris L. Garten submitted a petition for a Minor Adjustment to the Major Site Plan for the
13 project known as Hutchinson Sands. The subject +/134.33 acre development is located
14 on South Hutchinson Island, approximately % mile south of Frederick Douglas Park and is
15 in the Hutchinson Island Overlay Zoning District — Zone B. The underlying zoning district
16 is HIRD, Hutchinson Island Residential District which is consistent with the RU,
17 Residential Urban (5 du/acre) and RC, Residential Conservation (1 du/5 acres) future land
18 uses. Water and wastewater service is to be provided by FPUA.
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20 The proposed modifications to the Major Site Plan include the following:
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22 0 An increase of 8 condominium dwelling units from 84 to 92.
23 0 An increase in the amount of developed land due to changes in the mean high
24 water line from 27.48 acres to 29.58 acres.
25 0 The re -location of the condominium buildings, pool house and swimming pool 25
26 feet to the west.
27 0 A reduction in condominium building footprints (17,850 s.f. to 16,320 s.f. and
28 14,161 s.f. to 12,600 s.f.).
29 0 The provision of two (2) parking lots between buildings.
30 0 Adjustments in the building spacing to correspond with a building height of 42 feet.
31 0 Adjustments to the landscaping between the buildings to provide additional
32 buffering adjacent to the parking lots.
33 0 Adjustments to the row of parking along the front of the buildings.
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35 2. On March 4, 2008, the Board of County Commissioners granted Major Site Plan approval
36 through Resolution No. 08-017 for the project known as Hutchinson Sands consisting of
37 84 units on 27.48 acres.
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39 3. On May 28, 2010, the Planning and Development Services Director in accordance with
40 Florida Statutes Community Renewal Act authorized a site plan extension through GM
41 Order 10-007 which expired on March 4, 2012.
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43 4. On November 30, 2010, the Planning and Development Services Director in accordance
44 with Senate Bill 1752 authorized a site plan extension through PDS Order 10-022 which
45 expired on March 4, 2014.
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47 5. On March 7, 2014, the Planning and Development Services Director granted a two year
48 Land Development Code administrative extension through PDS Order 14-011 in
49 accordance with Section 11.02.06(B)(4) which expired on March 4, 2016.
File No. SPMN 421054863 PDS 16-031
June 30 2016 Page 1 of 6
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6.
On February 2, 2016, the Planning and Development Services Director authorized a site
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plan extension in accordance with Section 252.363 Florida Statute Executive Order (EO)
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No. 15-173 extending the expiration date to November 4, 2016.
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7.
On February 24, 2016, the Board of Adjustment granted a variance to increase the
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building height for the four (4) condominium buildings from 35 feet to 42 feet through BOA
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Resolution No. 16-004.
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8.
On May 16, 2016, the Planning and Development Services Director authorized a site plan
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extension in accordance with Section 252.363 Florida Statute Executive Order (EO) 16-59
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through PDS Order 16-027 with an expiration date of July 3, 2017.
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9.
The Development Review Committee has reviewed the MinorAdjustment to the proposed
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project pursuant to the Land Development Code (LDC), Section 11.02.07 and found it to
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meet technical requirements and to be consistent with the general purpose, goals,
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objectives, and standards of the St. Lucie County Comprehensive Plan. Planning staff has
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performed a detailed analysis of the project and found it to be consistent with the St. Lucie
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County Land Development Code and Comprehensive Plan. The analysis is found in the
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Planning and Development Services memorandum titled Hutchinson Sands - Minor
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Adjustment to Major Site Plan, dated June 29, 2016.
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10.
The project will not have an undue adverse effect on adjacent property, the character of
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the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the
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public health, safety, and general welfare.
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11.
All reasonable steps have been taken to minimize any adverse effect of the proposed
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project on the immediate surroundings through building design, site design, landscaping
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and screening.
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NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St.
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Lucie County, Florida:
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A.
Pursuant to Section 11.02.07 of the St. Lucie County Land Development Code, the Minor
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Adjustment is hereby approved as shown on the drawing dated June 20, 2016 prepared by
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David Miller and Associates, P.A., date stamped by the Planning & Development Services
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Department on June 21, 2016 for the property described in Paragraph B below, subject to
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the following conditions:
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All previous conditions of approval applicable to the subject property as contained in the
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above referenced development orders have been consolidated as contained herein.
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Planning and Development Services Department — Planning Division
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1. Prior to the issuance of a Certificate of Occupancy for the second condominium
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building, the clubhouse, pool/deck, and guardhouse as shown on site plan shall be
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constructed with Certificate of Completions issued by the Building Division.
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2. Prior to the issuance of a Certificate of Occupancy for the first condominium
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building, the common landscape improvements between the entrance (A -1A right -
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of -way) and the gatehouse as depicted on the Landscape Plan shall be installed.
File No. SPMN 421054863 PDS 16-031
June 30 2016 Page 2 of 6
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3.
Prior to the issuance of a Certificate of Occupancy for the first condominium
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building, the property owner shall coordinate the alignment and connection of the
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26 -foot wide stabilized emergency access driveways as depicted on the site plan
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drawings with the property owners to the north and south and enter into a cross -
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access agreement with both adjacent property owners. This agreement shall be
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recorded identifying that the driveways shall be pervious in nature, shall be kept
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clear of any obstructions and shall be utilized only for emergencies. This cross
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access easement will not be required if an agreement is executed for the
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construction of a shared access driveway that will be utilized for ingress/egress
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with either development to the north or south. Said shared access driveway
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improvements shall require modifications to the approved site plans.
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Environmental Resources Department
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4.
The issuance of a County development permit does not in any way create any
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rights on the part of the applicant to obtain a permit from a state or federal agency
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and does not create any liability on the part of the County if the applicant fails to
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obtain requisite approvals or fulfill the obligations imposed by a State or Federal
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agency or undertakes actions that result in a violation of state or federal law.
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5.
All other applicable state or federal permits including but not limited to Florida
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Department of Environmental Protection Coastal Construction Line permits must
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be obtained before commencement of the development.
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6.
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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7.
Within ninety (90) days of final site plan approval, the developer, successor or
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assignee shall provide HOA/POA documents which require the entity to create
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proof of an escrow account or account held in reserve acceptable to the County
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Attorney, for the cost of culvert maintenance as well as total dune reconstruction
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and perpetual dune maintenance per the approved Preserve Area Management
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Plan.
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8.
Prior to issuance of a Vegetation Removal Permit or Exemption, the developers,
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their successor or assigns, shall conduct a pre -construction meeting with
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construction personnel and Environmental Resources Department staff, to verify
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vegetation protection measures have been installed.
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9.
Prior to the issuance of the Certificate of Occupancy for the first building permit, all
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invasive exotic vegetation shall be removed (Land Development Code Section
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7.09.05).
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10.
Prior to the issuance of a Certificate of Occupancy, a registered Florida architect or
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engineer shall conduct a nighttime survey with all of the beachfront lighting turned
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on and provide a report of the inspection to the Environmental Resources
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Department as outlined in the approved Sea Turtle Protection Plan. If any
File No. SPMN 421054863 PDS 16-031
June 30 2016 Page 3 of 6
1 violations of the sea turtle lighting code are identified, a Certificate of Occupancy
2 shall not be issued until all violations have been corrected.
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4 11. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
5 include the following information within the Property Owners' Association
6 documents:
7 a. Restrictions on any encroachment into the preserve areas, as well as
8 restrictions on vegetation removal outside the building pad areas.
9 b. References to the Preserve Area Monitoring and Management Plan and
10 Sea Turtle Protection Plan.
11 C. Disclosure regarding the COBRA zone designation for this property.
12 d. Disclosure regarding potential for horseback riding on the public beach as
13 permitted by the County.
14 e. Mechanism for perpetual financial responsibility of the Property Owners'
15 Association for future dune maintenance.
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17 12. Simultaneously with the issuance of the vegetation removal permit by St. Lucie
18 County for any development, the petitioners, their successors or assigns, shall
19 convey the 104.742 acres of property west of A1A to St. Lucie County for Public
20 Conservation.
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22 13. Prior to the issuance of any Certificate of Occupancies for any portion of the
23 Hutchinson Sands site plan, the developers, their successor or assigns, shall have
24 completed all mitigation required to offset wetland impacts.
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26 14. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes
27 first, the applicant shall provide the required executed Conservation Easement,
28 approved Preserve Area Monitoring and Management Plan (PAMMP) with an
29 attached affidavit and cashier's check (payable to the Clerk of the Court for
30 recording fees) to the County Attorney for review and approval. The applicant shall
31 also provide a GIS shapefile or CAD file of the conservation easement boundaries
32 to St. Lucie County. A copy of a standard Conservation Easement can be found on
33 the St. Lucie County Environmental Resources Department website at:
34 http://www.stlucieco.gov/pdfs/Conservation_Easement_Form. pdf.
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36 B. The property on which this Minor Adjustment to Major Site Plan approval is being granted
37 is described as follows:
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39 Parcel #1
40 The South 440 feet of the North 880 feet of Government Lot 1, Section 29, Township
41 35 South, Range 41 East, St. Lucie County, Florida.
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43 Parcel #2
44 The South 440 feet of Government Lot 1, Section 29, Township 35 South, Range 41 East,
45 St. Lucie County, Florida, being more particularly described as follows:
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47 Beginning at a point 880 feet South from the Northwesterly corner of Government Lot 1,
48 Section 29, Township 35 South, Range 41 East; thence running Easterly and parallel with
49 the Northerly line of said Lot to the Atlantic Ocean; thence running Southeasterly along the
50 said Atlantic Ocean to the South line of said Lot; thence running Westerly along the South
51 line of said Lot to the Southwesterly corner of said Lot; thence running Northerly along the
File No. SPMN 421054863 PDS 16-031
June 30 2016 Page 4 of 6
1 West line of said Lot to the Point of Beginning. Together with all riparian and littoral rights
2 thereunto appertaining.
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4 Parcel #3
5 The South 2/3 of Government Lots 1 & 2, as measured along the common line
6 between Government Lots 1 & 2, Section 30, Township 35 South, Range 41 East, St.
7 Lucie County, Florida.
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9 Parcel #4
10 The Northerly 1040.5 feet of Government Lots 3 & 4, as measured along the common
11 line between Government Lots 3 & 4, Section 30, Township 35 South, Range 41 East, St.
12 Lucie County, Florida.
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14 Parcel #5
15 Section 30, Township 35 South, Range 41 East, St. Lucie County, Florida: that part of
16 Government Lots 3 & 4 lying south of the following described line. From the intersection of
17 the east line of Section 30 and the southwesterly road right-of-way line of State Road A-1-
18 A, thence south 00°08'10" along the easterly line of Section 30, 72 feet to a point of
19 beginning; thence North 80024'48" West 655 feet, thence South 74°21'36" West 1110 feet
20 more or less to the Indian River and the end of the described line: less that part lying
21 South of the following described line. From the intersection of the east line of Section 30
22 and southwesterly road right-of-way of State Road A -1-A, thence South 00°08'10" East
23 along the east line of Section 30, 725 feet to Government Meander Line, thence North
24 80°24'48" West along the Government Lot Meander Line 655 feet, thence South 74°21'36"
25 West 1110 feet more or less to the Indian River and the end of this described line,
26 containing 25.12 acres more or less as recorded in OR Book 1997, Page 571.
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28 PARCELS SURVEYED CONTAINING 134.33 ACRES MORE OR LESS.
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30 PARCEL ID NUMBERS: 2529-222-0002-000/6, 2529-223-0001-000/2,
31 2530-111-0002-000/9, 2530-131-0001-000/4 and
32 2530-134-0002-000/0.
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34 C. This Minor Adjustment to Major Site Plan shall expire on July 3, 2017 unless a building
35 permit is issued or an extension is granted in accordance with the provisions of Land
36 Development Code, Section 11.02.06.
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38 D. The developer is advised as part of this MinorAdjustment approval for Hutchinson Sands,
39 including any successors in interest, the developer shall obtain all applicable development
40 permits and construction authorizations from the appropriate State, Federal and Local
41 regulatory agencies including, but not limited to, the United States Army Corps of
42 Engineers, the Florida Department of Environmental Protection Coastal Construction Line
43 Permits, South Florida Water Management District, and the St. Lucie County
44 Environmental Resources and Building Departments prior to the commencement of any
45 development activities on the property described in Part B. Issuance of this permit by the
46 County does not in any way create any rights on the part of the developer to obtain a
47 permit from a State or Federal agency and does not create any liability on the part of the
48 County for issuance of this permit if the developer fails to obtain requisite approvals or
49 fulfill the obligations imposed by a State or Federal agency or undertake actions that may
50 result in a violation of state or federal law.
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52 E. A copy of this Minor Adjustment to Major Site Plan shall be placed on file with the St. Lucie
File No. SPMN 421054863 PDS 16-031
June 30 2016 Page 5 of 6
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County Planning and Development Services Director. This order shall be recorded in the
Public Records of St. Lucie County.
ORDER effective the 30th day of June. 2016.
File No. SPMN 421054863
June 30 2016
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY. FLORIDA
Wll)"im-sam
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APPROVED AS TO FORM
AND CORRECTNESS
PDS 16-031
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