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RESOLUTION NO. 2017-127
File Number: SPMJ120175107
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY FOR A MAJOR ADJUSTMENT TO THE FINAL
PLANNED UNIT DEVELOPENT SITE PLAN FOR SUNSET BEACH
PUD, A 43 -LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION ON
APPROXIMATELY 38.8 ACRES OF LAND 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 ADJUSTMENT
1. CL -RP Hutchinson, LLC presented a petition for a Major Adjustment to Final
Planned Unit Development (PUD) Site Plan consisting of 43 single family
residential lots with a recreational (swimming pool) amenity on approximately
38.8 acres, as depicted on the attached map as Exhibit "A" and described in
Part "A" below. The site plan modifications reflect a revised located on the
project's entrance road and the re -location of the recreational amenity
approximately 500 feet to the south based on a determination form the Florida
Department of Environmental Protection that Joe's Pond is considered part of
the state's Aquatic Preserve.
2. On June 2, 2009, the St. Lucie County Board of County Commissioners
through Resolution No. 09-026 granted Preliminary PUD Site Plan approval for
a single family subdivision consisting of 44 lots.
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.
June 6, 2017 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Resolution No. 2017-127
SAINT LUCIE COUNTY
Page 1 FILE # 4319630 06/14/2017 03:55:18 PM File No.: SPMJ 120175107
OR BOOK 4008 PAGE 944 - 951 Doc Type: RESO
RECORDING: $69.50
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6.
On November 1, 2016 the Board of County Commissioners through Resolution
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2016-190 granted Final PUD Site Plan approval and a Zoning Atlas
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Amendment (Rezoning) from HIRD to PUD for a single family residential
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development consisting of 43 lots with a recreational amenity on 38.8 acres.
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7.
The St. Lucie County Development Review Committee has reviewed the Major
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Adjustment to Final PUD Site Plan for Sunset Beach PUD and found it to meet
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all technical requirements, subject to the conditions set forth in Part B of this
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Resolution and determined that the Major Adjustment to Final PUD Site Plan is
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in substantial conformity with the previous approved Preliminary PUD Site Plan.
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8.
The proposed project is consistent with the general purpose, goals, objectives,
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and standards of the St. Lucie County Land Development Code, the St. Lucie
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County Comprehensive Plan and the Code of Ordinances of St. Lucie County.
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9.
The proposed project will not have an undue adverse effect on adjacent
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property, the character of the neighborhood, traffic conditions, parking, utility
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facilities or other matters affecting the public health, safety and general welfare.
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10.
All reasonable steps have been taken to minimize any adverse effect of the
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proposed project on the immediate vicinity through building design, site design,
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landscaping and screening.
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11.
The proposed project will be constructed, arranged and operated so as not to
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interfere with the development and use of neighboring property, in accordance
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with applicable district regulations.
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12.
The proposed project will be served by Fort Pierce Utilities Authority water and
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St. Lucie County Utilities wastewater.
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WETLAND WAIVER
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13.
CL -RP Hutchinson, LLC has requested, as part of their proposed Major
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Adjustment to Final PUD Site Plan, a waiver for 105 square feet or 0.002 acres
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of direct impacts to wetlands associated with the installation of pilings to
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support the proposed bridge structure and 0.94 acres of secondary impacts to
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the required 50 foot upland buffer as depicted on the site plan drawings..
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
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St.
Lucie County, Florida:
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A.
The property on which the Major Adjustment to Final PUD Site Plan is being granted
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is described as follows:
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June 6, 2017 Resolution No. 2017-127
Page 2 File No.: SPMJ 120175107
1 Government Lot 2, less the north 938.84 feet and less the right-of-way of State
2 Road A -1-A and Government Lot 3, less the right-of-way of State Road A -1-A,
3 Section 29, Township 35 South, Range 41 East, St. Lucie County, Florida.
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5 Parcel ID Number: 2529-233-0002-000-0
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7 B. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code,
8 the Major Adjustment to Final PUD Site Plan known as Sunset Beach PUD is
9 hereby approved as shown on the site plan drawings for the project prepared by
10 Ladyko Design Group, LLC, dated May 23, 2017, and date stamped received by the
11 St. Lucie County Planning & Development Services Department on June 8, 2017,
12 subject to the following conditions:
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14 All previous conditions of approval applicable to the subject property, as contained in
15 Resolution 2016-190 have been consolidated as contained herein.
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17 PDS Department, Planning Division
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19 1. Prior to the issuance of the first certificate of occupancy, the property owner shall
20 coordinate the alignment and connection of the 26 -foot wide stabilized
21 emergency access driveways as depicted on the site plan drawings with the
22 property owners to the north and south and enter into a cross -access agreement
23 with both adjacent property owners. The agreement shall be recorded identifying
24 that the driveways shall be pervious in nature, shall be clear of any obstructions
25 and shall be utilized only for emergencies. This cross access easement will not
26 be required if an agreement is executed for the construction of a shared access
27 driveway that will be utilized for ingress/egress with either development to the
28 north or south. Said shared access driveway improvements shall require
29 modifications to the approved site plans.
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31 2. Prior to the issuance of the 10th certificate of occupancy for a single family
32 residence the following list of amenities shall be constructed with a certificate of
33 occupancy or completion issued by the County's Building Department in
34 accordance with the approved site plan:
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36 a. Common recreational amenity (swimming pool/deck) and restrooms;
37 b. All off-street parking spaces;
38 c. The monument (project identification) sign located at the entrance.
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40 Fire District
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42 3. All single family residential structures shall have sprinklers in accordance with the
43 Florida Fire Prevention Code.
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June 6, 2017 Resolution No. 2017-127
Page 3 File No.: SPMJ 120175107
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Mosquito Control District
4. After the issuance of the final certificate of occupancy for the development, the
developers, successors or assigns, or designated HOA/POA shall be responsible
for the perpetual maintenance of the mosquito control culverts. The flushing
culverts must be maintained in functional order at all times, and undergo
maintenance immediately after all catastrophic events to remove debris and sand
that accrue to block water exchange after these events. St. Lucie County
Mosquito Control and Public Works will make periodic inspections of these
facilities to ensure compliance with this condition.
County Attorney's Office
5. Prior to recordation of the Final Plat, all property included in the legal description
of this petition shall be subject to a Declaration of Covenants and Restrictions
acceptable to the County Attorney's Office which shall include the following:
a. Formation of a single "master" property owner's association, automatic
voting membership in the master association by any party holding title to
any portion of the subject property, and assessment of all members of
the master association for the cost of maintaining all common areas;
b. All recreational parcels shall be deed restricted to recreation for the use
of the residents of the development. At the time of turnover of the
POA/HOA, the recreation parcel shall be turned over to the association
at no costs to the residents,-
C.
esidents;c. The property shall not be subject to the Declaration of Covenants and
Restrictions in phases. Approval of the Declaration must be obtained
from the County Attorney's Office prior to the recordation of the Final Plat
for any portion of the planned development; and
d. All sales brochures, sales contracts, and POA/HOA documents shall
contain written disclosures of the current Coastal Barrier Resources
System (CBRS) Area designation at the time of the sale for insurance
purposes.
Public Works, Engineering Division
6. In accordance with the approved site plan, the applicant shall be required to
provide an 8 foot wide sidewalk along the western side of SR A -1-A. Relief will
be granted to the applicant in the event that the Florida Department of
Transportation (FDOT) refuses the construction of the sidewalk within their road
right-of-way. The applicant shall then pay a fee -in -lieu to the County as
described in LDC, Section 7.05.04.h - Sidewalks and Bikeways.
7. Prior to the issuance of a Building Permit, on-site construction (engineering)
plans shall be submitted to the Public Works Engineering Division for review and
June 6, 2017
Page 4
Resolution No. 2017-127
File No.: SPMJ 120175107
approval.
Environmental Resources Department
8. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever
comes first, the developer shall provide an executed Conservation Easement,
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. The applicant shall also provide a georeferenced GIS
shapefile or CAD file 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.
9. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
shall include the following information within the Declaration of Covenants and
Restrictions 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 Coastal Barrier Resources (CBRS) Area zone
designation for this property.
d. Mechanism for perpetual financial responsibility of the Property Owners'
Association for future dune and culvert maintenance.
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.AI1 other applicable state or federal permits must be obtained before
commencement of the development.
12. Prior to the issuance of a Certificate of Occupancy, compliance with the sea turtle
lighting standards shall be required through review and approval of a night time
survey with all beachfront lighting turned on as detailed in St. Lucie County Land
Development Code, Section 6.04.02.1.9.a. 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. If any violations of the
June 6, 2017 Resolution No. 2017-127
Page 5 File No.: SPMJ 120175107
1 sea turtle lighting code are identified a Certificate of Occupancy shall not be
2 issued until all violations have been corrected.
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4 13. Prior to the issuance of a Certificate of Occupancy, informational sea turtle
5 signage shall be installed on each dune crossover.
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7 14. Prior to issuance of a Certificate of Occupancy, the proposed flushing culvert
8 shall be installed consistent with the approved site plan.
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10 15. Prior to issuance of a Vegetation Removal Permit or Exemption, listed species
11 surveys including but not limited to gopher tortoise surveys shall be updated as
12 required per state and/or federal survey protocol. Should any listed species be
13 found as a result of these updated surveys, appropriate permits from state and
14 federal agencies shall be required.
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16 C. The approvals and authorizations granted by this Resolution shall expire on
17 November 1, 2018 unless a building permit is secured or a site plan extension is
18 granted in accordance with LDC, Section 11.02.06.B.3., St. Lucie County Land
19 Development Code.
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21 D. The property owner, including any successors in interest, shall obtain all applicable
22 development permits and construction authorizations from the appropriate State,
23 Federal and local regulatory agencies including, but not limited to, the United States
24 Army Corps of Engineers, the Florida Department of Environmental Protection,
25 Florida Department of Transportation, South Florida Water Management District,
26 Fort Pierce Utilities Authority, St. Lucie County Utilities, St. Lucie County
27 Environmental Resource and the St. Lucie County Building Division prior to the
28 commencement of development activities on the property described in Part A.
29 Issuance of any permit by the County does not in any way create any rights on the
30 part of the developer to obtain a permit from a state or federal agency and does not
31 create any liability on the part of the County for issuance of this permit if the
32 developer fails to obtain requisite approvals or fulfill the obligations imposed by a
33 state or federal agency or undertake actions that may result in a violation of state or
34 federal law.
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36 E. The conditions set forth in Part B are an integral non -severable part of the site plan
37 approval granted by this Resolution. If any condition set forth in Part B is
38 determined to be invalid or unenforceable for any reason and the developer declines
39 to comply voluntarily with that condition, the site plan approval granted by this
40 Resolution shall become null and void.
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42 F. A recorded copy of this Resolution shall be attached to the site plan drawings
43 described in Part A, which plan shall be placed on file with the St. Lucie County
44 Planning and Development Services Department Director.
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June 6, 2017 Resolution No. 2017-127
Page 6 File No.: SPMJ 120175107
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G. ADOPTION
After motion and second, the vote on this resolution was as follows:
Chris Dzadovsky, Chairman AYE
Tod Mowery, Vice Chair AYE
Frannie Hutchinson, Commissioner AYE
Linda Bartz, Commissioner
AYE
Cathy Townsend, Commissioner AYE
PASSED AND DULY ADOPTED this 6th day of June, 2017.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
DEPUTY CLERK
June 6, 2017
Page 7
APPROVED AS TO FORM AND
CORRECTNESS:
Resolution No. 2017-127
File No.: SPMJ 120175107
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EXHIBIT "A"
LOCATION MAP
Sunset Beach
Orange Ave Final PUD MAJ. ADJ. #2
66 SPMJ-120175107
Subject parcel
Virginia Ave
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June 6, 2017
Page 8
Resolution No. 2017-127
File No.: SPMJ 120175107