HomeMy WebLinkAbout19-060JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 4552665 OR BOOK 4254 PAGE 2835, Recorded 04/11/2019 02:01:37 PM
RESOLUTION 2019-060
File Number: PUD RZ-320175117
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY, FLORIDA GRANTING A WAIVER FROM
COMPREHENSIVE PLAN POLICIES 6.1.14.2 AND 6.1.14.5; AND
APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT
SITE PLAN TO BE KNOWN AS SANCTUARY COVE PUD, FOR A
RESIDENTIAL DEVELOPMENT CONSISTING OF 25 SINGLE-
FAMILY HOME LOTS & 37 TWO-STORY TOWNHOMES ON 15.99
ACRES OF 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:
WETLAND WAIVER
1. Fort Pierce River Park. LLC has requested, as part of their proposed preliminary
PUD (Planned Unit Development) site plan, a waiver from the Comprehensive
Plan Policies 6.1.14.2 and 6.1.14.5 to allow 0.043-acres of Category 1 wetland
impacts and 2.5-acres of associated wetland buffer impacts, as depicted on the
site plan described in Part "F".
2. After consideration of the testimony presented during the April 2, 2019 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 Category 1 wetland impacts and upland buffer
impacts as depicted on the corresponding 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, environmental restoration and enhancement, site design,
landscaping, and screening.
File Number: PUD_RZ-320175117 Resolution No. 2019 - 060
Page 1
RESOLUTION 2019-060
File Number: PUD RZ-320175117
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY, FLORIDA GRANTING A WAIVER FROM
COMPREHENSIVE PLAN POLICIES 6.1.14.2 AND 6.1.14.5; AND
APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT
SITE PLAN TO BE KNOWN AS SANCTUARY COVE PUD, FOR A
RESIDENTIAL DEVELOPMENT CONSISTING OF 25 SINGLE-
FAMILY HOME LOTS & 37 TWO-STORY TOWNHOMES ON 15.99
ACRES OF 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:
WETLAND WAIVER
Fort Pierce River Park, LLC has requested, as part of their proposed preliminary
PUD (Planned Unit Development) site plan, a waiver from the Comprehensive
Plan Policies 6.1.14.2 and 6.1.14.5 to allow 0.043-acres of Category 1 wetland
impacts and 2.5-acres of associated wetland buffer impacts, as depicted on the
site plan described in Part "F".
2. After consideration of the testimony presented during the April 2, 2019 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 Category 1 wetland impacts and upland buffer
impacts as depicted on the corresponding 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, environmental restoration and enhancement, site design,
landscaping, and screening.
File Number: PUD RZ-320175117
Resolution No. 2019 - 060
Page 1
c. The waiver granted is the minimum necessary to allow for the access
roadway and development of residential lots within the previous mobile
home park sites, allowing for reasonable use of the site.
d. The applicant has provided 2.66-acres of restored upland buffer area, to
compensate for the wetland buffer impacts, thereby meeting the general
spirit and intent of the St. Lucie County Land Development Code and
Comprehensive Plan.
PRELIMINARY PUD SITE PLAN
3. Fort Pierce River Park, LLC presented a petition for a Preliminary PUD Site Plan
providing for the redevelopment of a former Mobile Home Park for the purpose of
developing a residential community containing 25 single-family homes, 37 two-
story townhomes, and various recreational and water -dependent amenities to be
known as Sanctuary Cove PUD on 15.99 acres of property located on the north
side of Rouse Road, east of Old Dixie Highway or 250 Rouse Road, Fort Pierce,
as depicted in the attached map as Exhibit "A" and described in Part "F" below.
4. On January 17, 2019, the St. Lucie County Planning and Zoning Commission held
a public hearing on the Preliminary PUD Site Plan and associated Zoning Atlas
Amendment to the Official Zoning Atlas (Rezoning) from RMH-5 (Residential,
Mobile Home — 5) & RS-2 (Residential, Single -Family — 2) to PUD (Planned Unit
Development), for 15.99 acres for certain property in St. Lucie County, Florida, as
depicted on the attached map as Exhibit "A" and described in Part "A" below after
publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days
prior to the hearing and notifying by mail all owners of property within 500 feet of
the subject property at least 10 days prior to the hearing and recommended that
the Board of County Commissioners approve the requests for the property
described in Part "F".
5. On April 2, 2019 this Board held a public hearing on the Preliminary PUD Site
Plan petition after publishing a notice of such hearing in the St. Lucie News
Tribune at least 10 days prior to the hearing and notifying by mail all owners of
property within 500 feet of the subject property at least 10 days prior to the
hearing.
6. The St. Lucie County Development Review Committee has reviewed the
Preliminary PUD Site Plan for the project and found it to meet the technical
requirements and to be consistent with the St. Lucie County Comprehensive Plan,
subject to the conditions set forth in Part "F" of this Resolution.
File Number: PUD RZ-320175117
Resolution No. 2019 - 060
Page 2
7. The proposed project, with conditions of approval, 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.
8. 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.
9. The proposed project will be constructed, arranged and operated so as not to
interfere with the development and use of the neighboring properties, in
accordance with applicable district regulations.
10. The proposed project will be served by St. Lucie County Utilities Wastewater
services.
11. St. Lucie County Planning and Development Services staff has performed the
required land use analysis for the application.
12. Action on the accompanying request for a Zoning Atlas Amendment to the Official
Zoning Atlas (Rezoning) from RMH-5 (Residential, Mobile Home — 5) & RS-2
(Residential, Single -Family —2) to PUD (Planned Unit Development) shall require
a subsequent public hearing in conjunction with a Final PUD Site Plan in
accordance with LDC Sections 11.02.05 B. and 11.06.06.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
WETLAND WAIVER
A. The petition for a Waiver from the provisions of Policies 6.1.14.2 and 6.1.14.5 of
the 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, submitted
by Fort Pierce River Park, LLC is granted for the property described below, subject
to the following conditions described in Part "F".
B. The property on which this waiver request is being approved is described in Part
„F„
C. This waiver will allow for retention and improvements to the primary access road
to the project which directly impact 0.043-acres of a Category 1 wetlands and
File Number: PUD RZ-320175117
Resolution No. 2019 - 060
Page 3
development of residential lots (single-family and town home lots under five acres)
which impact 2.5-acres of the associated 50-foot wetland buffer requirements. Of
the requested 2.5-acres of buffer waiver area, 0.72-acres contains existing
structures/impacts. Existing impacted areas within the remaining preserved
buffers will be restored per the Preserve Area Monitoring and Maintenance Plan
(PAMMP).
D. This waiver shall not be valid for a period longer than the approval granted in Part
"G" of this Resolution.
E. The Waivers granted under this Resolution are to enable development of the site
as depicted on the Preliminary Planned Unit Development Site Plan drawings
prepared by Boggs Planning & Landscape Architecture, dated January 7, 2019
and date stamped received by the St. Lucie County Planning & Development
Services Director on January 7, 2019 and is limited to the uses and site design
approved by the Board of County Commissioners on April 2, 2019. Any
modifications that have an environmental impact must be approved by the Board
of County Commissioners or said Waiver is null and void (unless the proposed
changes are required to meet conditions of approval).
PRELIMINARY PUD SITE PLAN
F. Pursuant to Section 11.02.05(A) of the St. Lucie County Land Development Code,
the Planned Unit Development Preliminary Site Plan for the project known as
Sanctuary Cove PUD is hereby approved as shown on the site plan drawings
prepared by Boggs Planning & Landscape Architecture, dated January 7, 2019
and date stamped received by the St. Lucie County Planning and Development
Services Department on January 7, 2019 and is described as follows:
Legal Description:
PARCEL ONE: ALL OF THE SOUTH 445 FEET OF FRACTIONAL SECTION
16, TOWNSHIP 34 SOUTH, RANGE 40 EAST LESS AND EXCEPT,
HOWEVER, THE FOLLOWING: (1) THE SOUTH 50 FEET OF THE ABOVE
FRACTIONAL SECTION 16-34-40; (2) THE NORTH 100 FEET OF THE SOUTH
150 FEET OF THE WEST 325 FEET OF FRACTIONAL SECTION 16-34-40;
AND (3) THE NORTH 160 FEET OF THE SOUTH 210 FEET OF THE EAST
272.25 FEET OF THE WEST 597.25 FEET OF SAID FRACTIONAL SECTION
16-34-40, SAID LAND LYING AND BEING IN SAINT LUCIE COUNTY, FLORIDA.
PARCEL TWO: THE NORTH 160 FEET OF THE SOUTH 210 FEET OF THE
EAST 272.25 FEET OF THE WEST 597.25 FEET OF THE SOUTH 445 FEET
File Number: PUD_RZ-320175117 Resolution No. 2019 - 060
Page 4
OF GOVERNMENT LOT 3, SECTION 16, TOWNSHIP 34 SOUTH, RANGE 40
EAST, ALL LYING AND BEING IN SAINT LUCIE COUNTY, FLORIDA.
Parcel ID Number(s): 1416-333-0001-000/0 & 1416-333-0003-000/4
The Preliminary PUD Site Plan is subject to the following conditions:
Plannina and Development Services Department — Plannina Division
1. The Final PUD Site Plan shall provide required parking for Single-family lots
exclusive of garages.
2. The Final PUD Landscape Plan shall display the proposed "planting of oak trees
along sidewalk at property corners and every 70ft. for aesthetics and shade along
Rouse Road" as highlighted in the applicant's Planning objectives.
3. The Final PUD Site Plan application shall include a Phase 1 Archaeological
Survey, as the site is located within the Indian River Lagoon Archeological zone
requiring evaluation.
4. The Final PUD Site Plan application shall include conceptual design drawings of
all multi -family and nonresidential buildings to be erected within the development.
5. Prior to Final PUD Site Plan approval the developer shall provide applicable
design standards that will be utilized to guide the appearance of the planned
development.
6. The Final PUD Site Plan shall include any intended dimensional standards for
construction of walkways, patios, front porches, or similar accessory structures
within the single-family lots.
7. The Final PUD Site Plan shall detail any intended maximum fence height and/or
material standards, if alternative to LDC Section 8.00.04 - Fences, Walls, and
Hedges.
8. The Final PUD Plan shall provide a three (3) foot minimum interior setback for
rear patios within Lot Type "C" to minimize displacement of storm water to
abutting lots.
9. The Final PUD Plan shall provide an opaque fence material along the west
boundaries of the proposed boat storage yard and pool/cabana.
File Number: PUD RZ-320175117
Resolution No. 2019 - 060
Page 5
10.The Final PUD Plan shall include typical detail of the proposed boardwalk, dock,
and moorage facilities.
11.The Final PUD Site Plan shall provide refuse collection detail for common
recreational areas and amenities.
12. The Final PUD Site Plan shall provide detail of typical lighting fixtures for streets
and pedestrian walkways, avoiding spill -over to adjacent residences.
13.The Final PUD Site Plan shall include appropriate crosswalks and/or pedestrian
links at the intersection of Monarch Lane and River Park and the west bend of
Monarch Lane.
14.The Final PUD Site Plan shall incorporate appropriate T or Y turn-arounds for
Fire/EMT vehicles and/or Solid Waste Collection Trucks where necessary.
15. The Final PUD Plan shall denote location of proposed fire main lines for sprinkler
requirements of the townhomes and fire hydrant Locations.
16. The Final PUD Site Plan shall include the removal of unused driveways and
associated restoration of the right-of-way along Rouse Road.
17. Prior to Final PUD Site Plan approval the developer shall submit a preliminary
record plat in accordance with Section 11.03.02 of this Code, including copies of
all internal homeowners or property owners' association documentation describing
the responsibilities of the property purchasers.
18. The Final PUD Plan shall include a transition plan from an on -site potable water
system to connection to centralized water service from St. Lucie County Utilities,
upon availability of service.
19. Prior to the issuance of building permits for more than 40% (or 24 dwelling units)
of residential construction with the PUD, the common recreation facilities planned
to serve the development shall be completed.
Environmental Resources Department
20. Prior to issuance of a Certificate of Occupancy of the first residential unit, all
Category I listed invasive species shall be eradicated from the site.
21. Prior to issuance of a Vegetation Removal Permit/Exemption or plat approval,
whichever occurs first, the applicant shall provide a Conservation Easement over
File Number: PUD_RZ-320175117 Resolution No. 2019 - 060
Page 6
the onsite wetland and associated buffer and approved Preserve Area Monitoring
and Management Plan (PAMMP) 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 georeferenced CAD or
shapefile of the conservation easement boundaries to St. Lucie County. A copy of
a standard Conservation Easement may be obtained by contacting the
Environmental Resources Department at 772-462-2526.
22. 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.
23. All other applicable state or federal permits must be obtained before
commencement of the development.
G. The Preliminary PUD Site Plan approval granted by this Resolution shall expire on
April 2, 2021 unless Final PUD Site Plan approval is obtained or an extension is
granted in accordance with Section 11.02.06(B)(3) of the Land Development
Code.
H. The developer is advised as part of this Preliminary PUD Site Plan approval,
including any successors in interest, the developer 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
"F". Issuance of this 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.
I. The conditions set forth in Part "F" are an integral non -severable part of the site
plan granted by this Resolution. If any condition in Part "F" is determined to be
invalid or unenforceable for any reason and the developer declines to comply
voluntarily with that condition, the Preliminary PUD Site Plan approval granted by
this resolution shall become null and void.
File Number: PUD RZ-320175117
Resolution No. 2019 - 060
Page 7
J. The petition includes a request for an Amendment to the Official Zoning Atlas to
change the zoning from the from RMH-5 (Residential, Mobile Home — 5) & RS-2
(Residential, Single -Family — 2) to PUD (Planned Unit Development — Sanctuary
Cove) Zoning District; however, that will not be effective until such time as the
property owner petitions for Final Planned Unit Development Site Plan approval
and rezoning is granted by the Board of County Commissioners.
K. Upon approval of the Final PUD Site Plan, if applicable, the Board of County
Commissioners shall direct the Planning & Development Services Director to
amend the Official Zoning Atlas to reflect Planned Unit Development (PUD)
Zoning for the approved development.
L. This Resolution shall be recorded in the Public Records.
M. 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 & Development Services Department Director.
N. Adoption:
After motion and second, the vote on this resolution was as follows:
Linda Bartz, Chair AYE
Cathy Townsend, Vice -Chair RECUSED
Chris Dzadovsky, Commissioner AYE
Sean Mitchell. Commissioner AYE
Frannie Hutchinson, Commissioner AYE
PASSED AND DULY ADOPTED This 2nd day of April, 2019.
File Number: PUD RZ-320175117
Resolution No. 2019 - 060
Page 8
ATTEST:
File Number: PUD RZ-320175117
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
I r
BY
,q-`CQ,Chair
APPROVED AS TO FORM
AND CORRECTNESS:
Resolution No. 2019 - 060
Page 9
EXHIBIT A
LOCATION MAP
VA
a
0
ZN �`
z y
A
m
-TO-ST DEL ALTUST
0
0
Subject parcel
ROUSE,RD
Z 1 m
y t P.ENINSUCA DR
RIVER'PRADO
Z
c
2 WATERS DR
O
5
File Number: PUD RZ-320175117
Resolution No. 2019 - 060
Page 10