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Home My WebLink About17-059avacrn C. srvn I H, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4296696 04/11/2017 02:54:42 PM OR BOOK 3983 PAGE 1934 - 1942 Doc Type: RESO RECORDING: $78.00 RESOLUTION NO. 2017-59 FILE NO.: MNSP 320154845 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A WAIVER FROM THE COMPREHENSIVE PLAN CONSERVATION POLICIES 6.1.14.2 AND 6.1.14.5 AND GRANTING MINOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS PELICAN REEF 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: GENERAL 1. Sarno, LLC presented a petition for a Minor Site Plan approval for a 7 lot residential subdivision to be known as Pelican Reef, located on the east side of South Ocean Drive, approximately 2,500 feet south of the Watersong PUD development south entrance and 2.5 miles north of the FPL Power Plant in the HIRD (Hutchinson Island Residential District) Zoning District. 2. As part of the Minor Site Plan review process, Samo, LLC has requested a waiver from the provisions of Conservation Policies 6.1.14.2 and Policy 6.1.14.5 of the St. Lucie County Comprehensive Plan to allow impacts to a Category 1 wetland and the required 50 foot wetland buffer in the specific areas depicted on the site plan as described in Part B below. WAIVER 3. On January 6, 2004, through Ordinance 04-004, the St. Lucie County Board of County Commissioners adopted St. Lucie County Comprehensive Plan Conservation Policy 6.1.14.2 and Policy 6.1.14.5 for the protection of wetland functions and values. 4. Sarno, LLC presented a request for a waiver from the St. Lucie County Comprehensive Plan Policy 6.1.14.2 resulting in impacts to 0.34 acres of a Category 1 wetland and to allow 0.28 acres encroachment into the required minimum 50 (fifty) foot buffer for the construction of an access roadway. 5. After consideration of the testimony, 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 File No.: MNSP 320154845 April 4, 2017 Resolution No. 2017-59 Page 1 Comprehensive Plan, the Board of County Commissioners has made the following determination: 1. The requested waiver for 0.34 acres of impact in a Category 1 wetland that is required to provide access to the site and 0.28 acres of encroachment into the required 50 (fifty) foot wetland buffer between wetland and the proposed residential development, subject to the conditions in Section C below meets the standards of review as set forth in Policy 8.1.14.2(d) of the St. Lucie County Comprehensive Plan. 2. The waiver granted will not impair other property or improvements in the neighborhood. 3. The waiver granted is the minimum needed to allow for access to the Pelican Reef and Turtle Nest Subdivisions and the lift station located at the north end of Pelican Reef Drive. 4. The waiver granted meets the general spirit and intent of the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. SITE PLAN 6. The petitioner, Sarno, LLC, is proposing the development of a residential subdivision consisting of seven (7) single family lots for the project to be known as Pelican Reef located on the East side of South Ocean Drive, approximately 2,500 feet south of the Watersong PUD development's south entrance and 2.5 miles north of the FPL Power Plant in the HIRD (Hutchinson Island Residential District) Zoning District. 7. 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 B of this Resolution. 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. File No.: MNSP 320154845 April 4, 2017 Resolution No. 2017-59 Page 2 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. 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 adequate public facilities and services. 13.The applicant has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. 14.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: lT1kf1Uk7*1 A. The petition for a Waiver for 0.34 acres of impact in a Category 1 wetland this is required to provide access to the site, the proposed Turtle Nest Subdivision to the north and 0.28 acres of encroachment in the 50 (fifty) foot wetland buffer from the Provisions of Policies 6.1.14.2 and 6.1.14.5, St. Lucie County Comprehensive Plan, for the alteration of wetlands and impacts to wetland buffers when no other reasonable alternative exists and avoidance and minimization of impacts cannot otherwise be achieved, is granted for the property described below, subject to the following conditions described in Section B. This waiver shall expire upon the expiration of this Minor Site Plan approval as described in Section D. SITE PLAN B. 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 Pelican Reef, is hereby approved as shown on the site plan drawings for the project prepared by Boggs Planning & Landscape Architecture, dated October 20, 2014, last revised on File No.: MNSP 320154845 April 4, 2017 Resolution No. 2017-59 Page 3 November 2, 2016, and date stamped received by the St. Lucie County Planning and Development Services Director 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, 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 construction, the developer shall provide detailed Engineering drawings certified by a Professional Licensed Engineer in the State of Florida that there are no vertical or horizontal obstacles along the entrance road that will impede heavy equipment or machinery in route to the 20' beach and dune access easement. 6. The Declaration of Covenants for Pelican Reef's Homeowners Association shall at all times require the Homeowners Association to maintain in good repair and manage, operate and insure, and shall replace as often as necessary the Common Areas including but not limited to the Preserve Areas protected under the Conservation Easement. Without limiting the generality of the foregoing, the Homeowners Association shall assume, and hereby assumes, all of Developer's and its affiliates' responsibility to St. Lucie County with respect to the Common Areas, Sea Turtle Protection Plan, Conservation Easement. File No.: MNSP 320154845 April 4, 2017 Resolution No. 2017-59 Page 4 7. Prior to issuance of a Vegetation Removal Permit or Exemption the 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 Court for 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.stiucieco.gov/pdfs/Conservation Easement Form.pdf 8. 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. 9. 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. 10. 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. 11. Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their successor of assigns, shall provide a utility plan detailing siting of the top of the proposed wetwell and electrical components sufficiently above the flood elevation, a permanent emergency generator to ensure functionality of the station in the event of a power outage, appropriate alarms and means of notification for utility personnel, and thorough routine maintenance schedule in order to prevent failure of the onsite lift station. 12. Prior to the issuance of a Certificate of Occupancy, informational sea turtle signage shall be installed on each dune crossover. File No.: MNSP 320154845 April 4, 2017 Resolution No. 2017-59 Page 5 13. 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). 14. 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. [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. 15. 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. 16. All other applicable state or federal permits must be obtained before commencement of the development. C. The property on which this site plan approval is being granted is described as follows: THE SOUTH 500 FEET OF GOVERNMENT LOTS 5 AND 6 OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF A 100 FOOT WIDE RIGHT OF WAY FOR STATE ROAD A -1-A. (Location: East side of South Ocean Drive, approximately 2,500 feet south of the Watersong development's south entrance and 2.5 miles north of the Florida Power and Light facility on South Hutchinson Island.) Property Tax ID# 2532-344-0001-000/4 D. 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 File No.: MNSP 320154845 April 4, 2017 Resolution No. 2017-59 Page 6 described in Section B or an extension has been granted in accordance with Section 11.02.06(B)(1), St. Lucie County Land Development Code. E. 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 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. F. The conditions set forth in Section B are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section 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. G. A copy of this Resolution shall be attached to the site plan drawings described in Section B, which plan shall be placed on file with the St. Lucie County Planning and Development Services Director. File No.: MNSP 320154845 April 4, 2017 Resolution No. 2017-59 Page 7 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 411 day of April, 2017. ATTEST ' • _= BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY V �w Chairman APPROVED AS TO FORM AND "RECTNESS County A File No.: MNSP 320154845 Resolution No. 2017-59 April 4, 2017 Page 8 St Lucie County Certificate of Capacity Date 4/5/2017 Certificate No. 2984 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 Pelican Reef Minor Site Plan 7 lot SFR Plat Number of units 0 Number of square feet 2. Property legal description & Tax ID no. 2532-344-0001-000/4 South Ocean Drive, South Hutchinson Island Pelican Reef Minor Site Plan 3. Approval: Building Resolution No. 2017-58 Letter 4. Subject to the following conditions for concurrency: Owner's name SAMO, LLC Address 19 Bay Harbor Road Tequesta FL 33469 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(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