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HomeMy WebLinkAbout19-263RESOLUTION 2019-263 File Number: SPMj-1220185432 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING DIAMOND SANDS MARINA LLC THE SECOND MAJOR ADJUSTMENT TO A MAJOR SITE PLAN APPROVAL FOR DIAMOND SANDS SUBDIVISION ON APPROXIMATELY 58.01 ACRES OF PROPERTY LOCATED GENERALLY AT 8118 S. OCEAN DRIVE, JENSEN BEACH IN ST. LUCIE COUNTY, FL. 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: 1. Diamond Sands Marina LLC, represented by Boggs Planning + Landscape Architecture, presented a petition for a second Major Adjustment to a previously approved Major Site Plan to develop a 45-dock slip facility, accessory to the previously approved 45-lot single-family development known as Diamond Sands, located generally at 8118 S. Ocean Drive, Jensen Beach, St. Lucie Boulevard in the HIRD (Hutchinson Island Residential District) Zoning District on approximately 30.24 acres of submerged and upland land, as described in Part A. 2. On September 16, 2003, the Board of County Commissioners approved Resolution No. 03-222 granting Major Site Plan approval for the project known as Diamond Sands Subdivision in the HIRD (Hutchinson Island Residential District) Zoning District. 3. On November 4, 2003, the Board of County Commissioners amended Resolution No. 03-222 granting Major Site Plan approval for the project known as Diamond Sands Subdivision to correct a scrivener's error in the legal description. 4. On January 6, 2004, the Board of County Commissioners approved Resolution No. 04-26 authorizing an exchange of land between St. Lucie County, Florida and Treasure Cay, LLC, which included the subject property. 5. On February 8, 2005, the Board of County Commissioners adopted the final plat of Diamond Sands Subdivision and authorized its final execution, which included the subject property. 6. On June 27, 2006, the Board of County Commissioners approved Resolution No. 06-160 granting a Major Adjustment to a Major Site Plan for the project known as Diamond Sands to provide for the updating of the Mean High Water JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY December 17, 2019 FILE # 4661708 01/13/2020 11:37:22 AM Resolution No. 2019-263 Page 1 OR BOOK 4369 PAGE 383 - 390 Doc Type: RESO le No.: SPMj-1220185432 RECORDING: $69.50 Line and site plan designs subsequent to beach erosion from the 2004 Hurricanes. 7. On June 3, 2008, the Board of County Commissioners approved Resolution No. 080-020 granting an amendment to the Official Zoning Atlas from the I (Institutional) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for Lot 7 of Diamond Sands Subdivision. 8. On June 3, 2008, the Board of County Commissioners approved Resolution No. 08-021 granting an amendment to the Offiicial Zoning Atlas from the I (Institutional) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for Lot 8 of Diamond Sands Subdivision. 9. On December 17, 2019 this Board held a public meeting on the petition. 10. The St. Lucie County Development Review Committee has reviewed the Major Adjustment to the Major Site Plan, as depicted on Exhibit C, for the project and found it to meet all technical requirements and is 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. 11. 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. 12. 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. 13. 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. 14. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The property on which the Major Adjustment to Major Site Plan is being granted is described as follows: December 17, 2019 Resolution No. 2019-263 Page 2 File No.: SPMj-1220185432 Being a parcel of land lying over a portion of Section 27 Township 36 South Range 41 East St Lucie County Florida Said parcel being more particularly described as follows: Being all of the lands platted in that certain plat of Diamond Sands According to the plat thereof recorded in Plat Book 46 Page 13 of The public records of St Lucie County Florida Said parcel containing 24.56 acres more or less. "Together with" A parcel of submerged land in the Indian River in Section 27, Township 36 South, Range 41 East, St. Lucie County, Florida, described as follows: From the Southeast corner of said Section 27, run North 89' 38' West, 169.30 feet; thence North 23' 38' West, 383.12 feet; thence North 25' 38' West, 451.22 feet; thence North 89' 38' West, 236.7 feet, more or less, to the mean high water mark of the Indian River for the Point of Beginning. Thence South 690 15' West, 620 feet; thence North 22' 05' West, 4000 feet; thence North 69' 15' East, 620 feet, more or less, to the mean high water mark of the Indian River; thence southeasterly along said mean high water mark to the Point of Beginning. Containing 58.01 acres, more or less. PARCEL IDENTIFICATION NUMBER(S): 3527-421-0001-000-7, 3527-501-0001- 000-2, 3527-123-0003-000-6 & 3527-132-0001-000-0 B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the proposed Major Adjustment #2 to the existing Major Site Plan project to be known as Diamond Sands Marina LLC, as depicted in Exhibit C, is hereby approved as shown on the site plan drawings for the project prepared by Boggs Planning + Landscape Architecture dated April 12, 2019 and date stamped received by the St. Lucie County Planning & Development Services Department on May 14, 2019, subject to the following conditions: Plannina and Development Services — Plannina Division 1. No liveaboards are permitted to occupy any vessel on a temporary, permanent, or overnight basis. 2. Parking on vacant/undeveloped lots within the Diamond Sands Subdivision is prohibited. 3. Commercial fueling facilities or sewage pump -out stations shall be prohibited. 4. Operations and use activities shall comply with the St. Lucie County Land Development Code Article V. Noise Control. December 17, 2019 Resolution No. 2019-263 Page 3 File No.: SPMj-1220185432 5. All proposed or future lighting shall comply with the St. Lucie County Lan Development Code Section 6.04.02-Sea Turtle Protection. 6. No commercial activities or dock slip rental shall be permitted. Environmental Resources Dei)artmen 7. Prior to issuance of a Vegetation Removal Permit or Exemption the applicar shall provide the updated Preserve Area Monitoring and Management Pla (PAMMP) detailing responsibility of the HOA for the additional plantings within th shoreline and dry detention areas. 8. Prior to issuance of a Certificate of Occupancy for docking facility, the applicar shall install a total of eighty (80) 7 gallon red mangroves along the shoreline t aide in stabilization and provide additional habitat consistent with the intent of th shoreline protection standards. A monitoring report detailing 80 percent minimur survivability of all newly planted vegetation shall be submitted 18 months from th date of the initial planting. 9. Prior to issuance of a Certificate of Occupancy for docking facility, the applicar shall provide a final planting plan for the revegetated dry detention areas wit native salt tolerant grasses. 10. Prior to issuance of a Certificate of Occupancy for docking facility, a registere Florida architect or engineer shall conduct a nighttime survey with the lightin turned on an provide a report of the inspection to the Environmental Resource Department as outlined in the approved Sea Turtle Protection Plan. If an violations of the sea turtle lighting code are identified, a Certificate of Occupanc shall not be issue until all violations have been corrected. 11. Prior to issuance of a Vegetation Removal Permit or Exemption, the developer; their successor or assigns, shall conduct a pre -inspection meeting wit construction personnel and Environmental Resources Department staff, to verif floating turbidity screens have been installed, which will remain in place for th duration of the project construction. 12. Prior to issuance of a Certificate of Occupancy for docking facility, information sea turtle and manatee education signage shall be installed on the dock. 13.All conditions of approval included within the Florida Department < Environmental Protection Resources Permit 56-0227224-004-El and U.S. Arm Corps of Engineers Permit SAJ-2016-02982 (SP-LCK) remain in full force an effect. December 17, 2019 Resolution No. 2019-263 Page 4 File No.: SPMj-1220185432 C. The approvals and authorizations granted by this Resolution shall expire on December 17, 2021 unless a building permit is secured or a site plan extension is granted in accordance with Section 11.02.06(B)(2), St. Lucie County Land Development Code. D. The developer is advised as part of this Major Adjustment approval that the property owner(s), developer, etc. including any successors 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, Florida Department of Transportation, South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works, and Building Departments prior to the commencement of any development activities on the property described in Part A. 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. 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. F. A Certificate of Capacity Exemption, 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 December 19, 2019. G. This Resolution shall become effective upon the date of recording. Should the property owner, developer or authorized agent wish to appeal any condition described in Part B above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Resolution, as described in Section 11.02.04(B), St. Lucie County Land Development Code. Should an appeal to this Resolution be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. H. A recorded copy of this Resolution shall be attached to the site plan drawings described in Part B, which plan shall be placed on file with the St. Lucie County Planning & Development Services Department Director. I. ADOPTION December 17, 2019 Resolution No. 2019-263 Page 5 File No.: SPMj-1220185432 After motion and second, the vote on this resolution was as follows: Chair Cathy Townsend AYE Vice -Chair Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 17th day of December, 2019. ATTEST: CO 0J�ly,���� M BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: December 17, 2019 Resolution No. 2019-263 Page 6 File No.: SPMj-1220185432 EXHIBIT "A" LOCATION MAP ands cility 35432 ation December 17, 2019 Resolution No. 2019-263 Page 7 File No.: SPMj-1220185432 EXHIBIT "B" CERTIFICATE OF CAPACITY EXEMPTION St Lucie County Certificate of Capacity Exemption Date 12/19/2019 Certificate No. 6336 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 Countv Comprehensive Plan for: 1. Tvpe of development Major Adjustment to Major Site Plan SPMj-1220185432 Number of units Number of square feet 2. Property legal description & Tax ID no. 3527-421-0001-000-7, 3527-501-0001-000-2, 3527-123-0003-000-6 & 8118 S. Ocean Drive Diamond Sands Docking Facility (Amendment Diamond Sands 3. Approval: Building Resolution No. 2019-263 Letter 4. As part of the development: 5. On property owned by Diamond Sands Marina LLC 7809 Galleon Court Parkland FL 33067 is hereby granted a Certificate of Capacity Exemption according to the following Chapter(s) of the St. Lucie County Land Development Code: ® 5.03.02(A) I 5.03.02(B)1 I 5.03.02(B)2 ❑ 5.03.02(B)3 I I 5.03.02(8)4 n 5.03.02(B)5 I I 5.03.02(B)6 I 5.03.04(A) El5.03.04(A)2 i 5.03.04(A)3 5.03.04(B)1 L l 5.03.04(B)2 - 5.03.04(B)3 ❑ 5.03.04(B)4 6. Certificate Expiration Date 12/17/2021 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 developm"t-OTder") is&ue07foT he same property, use and size as described herein. Signed Date. (2/19/2019 anning and Development Services Director St Lucie County, Florida December 17, 2019 Resolution No. 2019-263 Page 8 File No.. SPMj-1220185432