HomeMy WebLinkAbout16-1901 RESOLUTION NO. 2016-190
2 File Number: PUD_RZ 320164997
3
4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
5 ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL
6 ZONING ATLAS FROM HIRD (HUTCHINSON ISLAND RESIDENTIAL
7 DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT), AND FINAL
8 PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR
9 SUNSET BEACH PUD, A 43 -LOT SINGLE FAMILY RESIDENTIAL
10 SUBDIVISION ON APPROXIMATELY 38.8 ACRES OF LAND IN ST.
11 LUCIE COUNTY.
12
13 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based
14 on the testimony and evidence, including but not limited to the staff report, has made
15 the following determinations:
16
17 CHANGE IN ZONING
18
19 1. CL -RP Hutchinson, LLC presented a petition for an Amendment to the Official
20 Zoning Atlas from HIRD (Hutchinson Island Residential District) to PUD
21 (Planned Unit Development) Zoning District, located approximately 1,700 feet
22 north of the Middle Cove beach access on South Hutchinson Island, as
23 depicted on the attached map as Exhibit "A" and described in Part "A" below.
24
25 2. On November 1, 2016, this Board held a public hearing on this petition after
26 publishing a notice of such hearing in the St. Lucie News Tribune and
27 notifying by mail all property owners within 500 feet of the subject property at
28 least 10 days prior to the hearing.
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30 3. The proposed zoning change is consistent with the St. Lucie County
31 Comprehensive Plan and has satisfied the requirements of Section 11.06.03
32 of the St. Lucie County Land Development Code.
33
34 SITE PLAN
35
36 1. CL -RP Hutchinson, LLC presented a petition for Final Planned Unit
37 Development (PUD) Site Plan concurrent with the petition for a Zoning Atlas
38 Amendment consisting of 43 single family residential lots with a recreational
39 (swimming pool) amenity on approximately 38.8 acres, as depicted on the
40 attached map as Exhibit "A" and described in Part "A" below.
41
42 2. On June 2, 2009, the St. Lucie County Board of County Commissioners
43 through Resolution No. 09-026 granted Preliminary PUD Site Plan approval
44 for a single family subdivision consisting of 44 lots.
45
November 1, 201R
Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4247422 11/09/2016 04:33:07 PM
OR BOOK 3931 PAGE 1292 - 1302 Doc Type: RESO
RECORDING: $95.00
Resolution No. 2016-190
File No.: PUD_RZ 320164997
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3. On January 26, 2010, the Growth Management Director through GM Order
10-006 in accordance with Florida Statutes Community Renewal Act
authorized a Preliminary PUD 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 Preliminary PUD Site
Plan extension with an expiration date of June 2, 2015.
5. On June 2, 2015, the Board of County Commissioners through Resolution No.
15-091 granted a Major Site Plan Adjustment to the Preliminary PUD Site
Plan. This site plan adjustment resulted in an increase of lands 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.
6. On November 1, 2016 this Board held a public hearing on the petition after
publishing a notice of such hearing in the St. Lucie News Tribune and
notifying by mail all property owners within 500 feet of the subject property at
least 10 days prior to the public hearing.
7. The St. Lucie County Development Review Committee has reviewed the Final
PUD 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 and determined that the Final PUD Site Plan is in substantial
conformity with the previous approved Preliminary PUD Site Plan.
8. 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.
9. 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.
10.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.
November 1, 2016
Page 2
Resolution No. 2016-190
File No.: PUD RZ 320164997
11. 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.
12. The proposed project will be served by Fort Pierce Utilities Authority water
and St. Lucie County Utilities wastewater.
WETLAND BUFFER WAIVER
13. CL -RP Hutchinson, LLC has requested, as part of their proposed Final
PUD Site Plan, a waiver for 0.95 acres of wetland buffer impacts from
the Comprehensive Plan Policies 6.1.14.5 and 6.1.14.6 to allow for
reduced minimum wetland buffer widths from the required fifty along the
Category 1 wetland to allow for construction of an access road (as
depicted on the attached site plan).
14.After consideration of the testimony presented during the public hearing,
including staff comments and the standards of review for granting a
waiver as set out in Policy 6.1.14.2.d, St. Lucie County Comprehensive
Plan, the Board of County Commissioners has made the following
determination:
a. The requested waiver for a reduced minimum buffer width along
the Category 1 wetland as depicted on the attached site plan
meets the standards of review as set forth in Policy 6.1.14.2.d of
the St. Lucie County Comprehensive Plan.
b. The waiver granted will not impair other property or improvements
in the neighborhood. 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.
c. The waiver granted is the minimum necessary to allow for
construction of the access roadway without impacting existing
other surface waters and reasonable use of the site.
d. The applicant has provided one (1) credit of wetland mitigation at
Bear Point Mitigation Bank. Additionally, the applicant proposed
to add a flushing culvert under SR A -1A to increase hydrologic
connectivity with the lagoon and improve the overall quality of the
onsite wetland. These improvements will compensate for the
reduced buffer widths, thereby meeting the general spirit and
intent of the St. Lucie County Land Development Code and
Comprehensive Plan.
November 1, 2016 Resolution No. 2016-190
Page 3 File No.: PUD_RZ 320164997
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida:
A. The property on which the Change in Zoning from HIRD (Hutchinson Island
Residential District) to the PUD (Planned Unit Development) Zoning District and
Final PUD Site Plan approval is being granted is described as follows:
Government Lot 2, less the north 938.84 feet and less the right-of-way of State
Road A -1-A and Government Lot 3, less the right-of-way of State Road A -1-A,
Section 29, Township 35 South, Range 41 East, St. Lucie County, Florida.
Parcel ID Number: 2529-233-0002-000-0
B. Pursuant to Section 11.02.05(8) of the St. Lucie County Land Development Code,
the Final 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 October 11, 2016, and date stamped received by the St. Lucie County
Planning & Development Services Department on November 10, 2016, subject to
the following conditions:
PDS Department, Planning Division
1. 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. The agreement shall be recorded identifying
that the driveways shall be pervious in nature, shall be 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.
2. Prior to the issuance of the 10th certificate of occupancy for a single family
residence the following list of amenities shall be constructed with a certificate of
occupancy or completion issued by the County's Building Department in
accordance with the approved site plan:
a. Common recreational amenity (swimming pool/deck) and restrooms;
b. All off-street parking spaces;
c. The monument (project identification) sign located at the entrance.
November 1, 2016 Resolution No. 2016-190
Page 4 File No.: PUD_RZ 320164997
1 Fire District
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3 3. All single family residential structures shall have sprinklers in accordance with the
4 Florida Fire Prevention Code.
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6 Mosquito Control District
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8 4. After the issuance of the final certificate of occupancy for the development, the
9 developers, successors or assigns, or designated HOA/POA shall be responsible
10 for the perpetual maintenance of the mosquito control culverts. The flushing
11 culverts must be maintained in functional order at all times, and undergo
12 maintenance immediately after all catastrophic events to remove debris and sand
13 that accrue to block water exchange after these events. St. Lucie County
14 Mosquito Control and Public Works will make periodic inspections of these
15 facilities to ensure compliance with this condition.
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17 County Attorney's Office
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19 5. Prior to recordation of the Final Plat, all property included in the legal description
20 of this petition shall be subject to a Declaration of Covenants and Restrictions
21 acceptable to the County Attorney's Office which shall include the following:
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23 a. Formation of a single "master" property owner's association, automatic
24 voting membership in the master association by any party holding title to
25 any portion of the subject property, and assessment of all members of
26 the master association for the cost of maintaining all common areas;
27 b. All recreational parcels shall be deed restricted to recreation for the use
28 of the residents of the development. At the time of turnover of the
29 POA/HOA, the recreation parcel shall be turned over to the association
30 at no costs to the residents;
31 C. The property shall not be subject to the Declaration of Covenants and
32 Restrictions in phases. Approval of the Declaration must be obtained
33 from the County Attorney's Office prior to the recordation of the Final Plat
34 for any portion of the planned development; and
35 d. All sales brochures, sales contracts, and POA/HOA documents shall
36 contain written disclosures of the current Coastal Barrier Resources
37 System (CBRS) Area designation at the time of the sale for insurance
38 purposes.
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40 Public Works, Engineering Division
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42 6. In accordance with the approved site plan, the applicant shall be required to
43 provide an 8 foot wide sidewalk along the western side of SR A-1-A. Relief will
44 be granted to the applicant in the event that the Florida Department of
45 Transportation (FDOT) refuses the construction of the sidewalk within their road
November 1, 2016 Resolution No. 2016-190
Page 5 File No.: PUD_RZ 320164997
1 right-of-way. The applicant shall then pay a fee -in -lieu to the County as
2 described in LDC, Section 7.05.04.h - Sidewalks and Bikeways.
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4 Environmental Resources Department
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6 7. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever
7 comes first, the developer shall provide an executed Conservation Easement,
8 approved Preserve Area Monitoring and Management Plan (PAMMP), Dune
9 Restoration Plan and Sea Turtle Protection Plan (STPP) with an attached
10 affidavit and cashier's check (payable to the Clerk of the Court for recording fees)
11 to the County Attorney. The applicant shall also provide a GIS shapefile or CAD
12 file of the conservation easement boundaries to St. Lucie County. A copy of a
13 standard Conservation Easement can be found on the St. Lucie County
14 Environmental Resources Department website at:
15 http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf.
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17 8. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
18 shall include the following information within the Declaration of Covenants and
19 Restrictions documents:
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21 a. Restrictions on any encroachment into the preserve areas, as well as
22 restrictions on vegetation removal outside the building pad areas.
23 [Comprehensive Plan Policy 8.1.8.5]
24 b. References to the Preserve Area Management Plan (PAMMP) and Sea
25 Turtle Protection Plan (STPP).
26 C. Disclosure regarding the Coastal Barrier Resources (CBRS) Area zone
27 designation for this property.
28 d. Mechanism for perpetual financial responsibility of the Property Owners'
29 Association for future dune and culvert maintenance.
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31 9. The issuance of County development permit does not in any way create any
32 rights on the part of the applicant to obtain a permit from a state or federal
33 agency and does not create any liability on the part of the County if the applicant
34 fails to obtain requisite approvals or fulfill the obligations imposed by a state or
35 federal agency or undertakes actions that result in a violation of state or federal
36 law.
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38 10.All other applicable state or federal permits must be obtained before
39 commencement of the development.
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41 11. Prior to the issuance of a Certificate of Occupancy, all seaward and shore -
42 perpendicular facing windows and doors shall be fitted with tinted glass or film
43 with a visible light transmittance value of forty-five (45) percent or less. A
44 registered Florida architect or engineer shall conduct a nighttime survey with all
November 1, 2016 Resolution No. 2016-190
Page 6 File No.: PUD_RZ 320164997
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of the beachfront lighting turned on and provide a report of the inspection to the
Environmental Resources Department as outlined in the approved Sea Turtle
Protection Plan. If any violations of the sea turtle lighting code are identified a
Certificate of Occupancy shall not be issued until all violations have been
corrected.
12. Prior to the issuance of a Certificate of Occupancy, informational sea turtle
signage shall be installed on each dune crossover.
13. Prior to issuance of a Certificate of Occupancy, the proposed flushing culvert
shall be installed consistent with the approved site plan.
14. Prior to issuance of a Vegetation Removal Permit or Exemption, listed species
surveys including but not limited to gopher tortoise surveys shall be updated as
required per state and/or federal survey protocol. Should any listed species be
found as a result of these updated surveys, appropriate permits from state and
federal agencies shall be required.
C. The approvals and authorizations granted by this Resolution shall expire on
November 1, 2018 unless a building permit is secured or a site plan extension is
granted in accordance with LDC, Section 11.02.06(B)(3), St. Lucie County Land
Development Code, or a Major Adjustment to the Final PUD Site Plan is granted.
D. The property owner, including any successors in interest, shall obtain all applicable
development permits and construction authorizations from the appropriate State,
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,
Fort Pierce Utilities Authority, St. Lucie County Utilities, St. Lucie County
Environmental Resource and the St. Lucie County Building Division prior to the
commencement of development activities on the property described in Part A.
Issuance of any 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 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.
November 1, 2016
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Resolution No. 2016-190
File No.: PUD RZ 320164997
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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 November 1, 2016.
G. The St. Lucie County Planning and Development Services Director shall be
authorized to amend the Official Zoning Map to change the zoning of the parcel
herein described, from the HIRD (Hutchinson Island Residential District) to the PUD
(Planned Unit Development) Zoning District, and to make notation of the reference
to the date of adoption of this resolution.
H. 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 and Development Services Department Director.
November 1, 2016
Page 8
Resolution No. 2016-190
File No.: PUD RZ 320164997
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I. ADOPTION
After motion and second, the vote on this resolution was as follows:
Kim Johnson, Chairman AYE
Chris Dzadovsky, Vice Chair AYE
Tod Mowery, Commissioner AYE
Frannie Hutchinson, Commissioner AYE
Paula Lewis, Commissioner AYE
PASSED AND DULY ADOPTED this 1st day of November, 2016.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
DEPUTY CLERK
November 1, 2016
Page 9
APPROVED AS TO FORM AND
CORRECTNESS:
Resolution No. 2016-190
File No.: PUD_RZ 320164997
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Orange Ave
Virginia Ave
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Midway Rd
November 1, 2016
Page 10
EXHIBIT "A"
LOCATION MAP
Q
Sunset Beach PUD
RZ - 320164997
Resolution No. 2016-190
Fite No.: PUD RZ 320164997
EXHIBIT"3
-St- aciqty _
Certificate of Capacity
Certificate No. 2977
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 Single Family Residential Subdivision
Number of units 43
2. Property legal description & Tax ID no.
2529-233-0002-000-6
Sunset Beach Final PUD
3. Approval: Building Resolution No. 2016-190
4. Subject to the following conditions for concurrency:
As per Resolution No. 2016-190
Owner's name
CL -RP Hutchinson, LLC
Address
2870 Peachtree Road, Suite 170
Atlanta GA 30305
6. Certificate Expiration Date 11/1/2019
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
development order(A) issued for the same property, use and size as described herein.
Signed
Planning ana Development Services Director
St Lucie County, Florida