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Home My WebLink About17-058RESOLUTION NO. 2017-58 FILE NO.: MNSP 320154844 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING MINOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS TURTLE NEST LOCATED IN THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA 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: The petitioner, SA Acquisition Company, is proposing the development of a residential subdivision consisting of eight (8) single family lots for the project to be known as Turtle Nest located on the East side of South Ocean Drive, approximately 1,500 feet south of the Watersong PUD development's south entrance and 2.5 miles north of the FPL Nuclear Power Plant in the HIRD (Hutchinson Island Residential District) Zoning District. 2. The Development Review Committee has reviewed the Minor Site Plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Section C of this Resolution. 3. 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. 4. 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. 5. 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. 6. 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. 7. The proposed project will be served by adequate public facilities and services. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4297172 04/12/2017 01:59:13 PM OR BOOK 3984 PAGE 468 - 473 Doc Type: RESO File No.: MNSP 320154844 i RECORDING: $52.50 esolution No. 2017-58 April 4, 2017 Page 1 I I 8. The applicant has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. s. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required 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 11.02.03 of the St. Lucie County Land Development Code, the Minor Site Plan for the project to be known as Turtle Nest, is hereby approved as shown on the site plan drawings for the project prepared by Boggs Planning & Landscape Architecture, on October 20, 2014, last revised on November 2, 2016, and date stamped received by the St. Lucie County Planning and Development _Services on November 16, 2016, subject to the following conditions: 1. This Development Order shall be recorded in the Public Records of St. Lucie County, Florida. This Development Order shall be recorded in order to provide constructive legal notice of development conditions that run with the land. 2. The Final Plat shall not be recorded until constructible engineering plans are approved, and all public and common improvements, including those items referenced in Condition Number 12, are either: a) built and accepted or approved by St. Lucie County; or b) secured with a developer's surety held by the St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 3. Pursuant to Section 11.03.02 and 11.04.00 of the St. Lucie County Land Development Code constructible engineering plans shall be submitted to the County Engineer. 4. The County Engineer shall receive a copy of this Development Order and the site plan it approves The County Engineer shall not approve constructible engineering plans or cost estimates that do not implement or are not consistent with this Development Order and the plans hereby approved. 5. Prior to issuance of a Vegetation Removal Permit or Exemption the File No.: MNSP 320154844 April 4, 2017 Resolution No. 2017-58 Page 2 applicant shall provide the required amended Conservation Easement over the onsite preserves, approved Preserve Area Monitoring and Management Plan (PAMMP), Dune Restoration Plan and Sea Turtle Protection Plan (STPP) with an attached affidavit and cashier's check (payable to the Clerk of the Courtfor recording fees) to the County .Attorney for review and approval. The applicant shall also provide a shapefile 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. 6. Prior to issuance of a Certificate of Occupancy the applicant shall provide detailed lighting plans for each building for review and approval to St Lucie County Environmental Resources Department. 7. Prior to the issuance of a Certificate of Occupancy, all seaward and shore - perpendicular facing windows and doors shall be fitted with tinted glass or film with a visible light transmittance value of forty-five (45) percent or less. A registered Florida architect or engineer shall conduct a nighttime survey with all 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. 8. 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 and preserve area protection measures have been installed. 9. Prior to the issuance of a Certificate of Occupancy, informational sea turtle signage shall be installed on each dune crossover. 10. Prior to issuance of a Certificate of Occupancy for the first building permit, all invasive exotic vegetation shall be removed (Land Development Code Section 7.09.05). 11. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall include the following information within the Homeowners Association documents: a) Restrictions on any encroachment into the preserve areas, as well as restrictions on vegetation removal outside the building pad areas. File No.: MNSP 320154844 April 4, 2017 Resolution No. 2017-58 Page 3 [Comprehensive Plan Policy 8.1.8.5] b) References to the Preserve Area Management Plan (PAMMP) and Sea Turtle Protection Plan (STPP). c) Disclosure regarding the COBRA zone designation for this property. d) Mechanism for perpetual financial responsibility of the Homeowners Association for future dune maintenance. 12. 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. 13. All other applicable state or federal permits must be obtained before commencement of the development. B. The property on which this site plan approval is being granted is described as follows: The North 500 feet of the south 1000 feet of Section 32, Township 35 south, Range 41 east, St Lucie County Florida, together with all Riparian and Littoral Rights Thereto Appertaining. Less the Road right of way for State Road A1A. Property Tax ID# 2532-341-0002-000/2 c. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on April 4, 2019, unless the developer has obtained a Final Plat approval for the site plan/subdivision or an extension has been granted in accordance with Section 11.02.06(B)(1), St. Lucie County Land Development Code. D. The developer is advised as part of this site plan 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 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 File No.: MNSP 320154844 Resolution No. 2017-58 April 4, 2017 Page 4 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 Section A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section 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 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 St. Lucie County Planning and Development Services Director. After motion and second, the vote on this resolution was as follows: Chris Dzadovsky, Chairman AYE Tod Mowery, Vice -Chairman AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 4th day of April, 2017. ATTEST Deputy Clerk File No.: MNSP 320154844 April 4, 2017 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Mrj Y& -C( WtVVV4AAj Chairman APPROV AS TO FORM AND CO EC4N ESS„/ si 7 County ..ig Resolution No. 2017-58 Page 5 „ 4 1 ' Date 4/5/2017 St Lucie County Certificate of Capacity Certificate No. 2983 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 Turtle Nest Minor Site Plan 8 lot SFR Plat . Number of units 8 Number of square feet 2. Property legal description & Tax ID no. 2532-341-0002-000/2 South Ocean Drive, South Hutchinson Island Turtle Nest Minor Site Plan 3. Approval: Building Turtle Nest Resolution No. 2017-58 Letter 4. Subject to the following conditions for concurrency: Owner's name SA Acquistion Company Address 2505 Metrocentre Blvd, Suite 301 West Palm Beach FL 33407 6. Certificate Expiration Date 4/4/2019 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(s) issued for the same property, use and size as described herein. Signed Date: 4/5/2017 Planning and Development Services Director St Lucie County, Florida Wednesday, April 05, 2017 Page 1 of 2