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Home My WebLink About20-291 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4859350 05/06/2021 12:55:51 PM OR BOOK 4605 PAGE 685-691 Doc Type:RESO RECORDING: $61.00 Resolution 2020-291 File Number: SPMj-2201925650 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANTING A MAJOR ADJUSTMENT TO THE PROJECT KNOWN AS OCEANGLASS (FKA TAILERS COVE) PLANNED UNIT DEVELOPMENT (PUD) WHEREAS, the St. Lucie County Board of County Commissioners has reviewed the request for a Major Adjustment to the Oceanglass Planned Unit Development(PUD)Site Plan and reviewed the analysis of the Development Review Committee and has made the following determinations: 1. Seaglass Ocean Drive Development, LLC presented a petition fora Major Adjustment to an existing Planned Unit Development(PUD)Site Plan known as Oceanglass PUD located on South Hutchinson Island, approximately one-mile north of the Martin County line, as described in Section B and depicted on Exhibit A. 2. On June 20, 2006, this Board adopted Resolution 06-15, granting Final Planned Unit Development Site Plan approval and a change in zoning to PUD (Planned Unit Development-Tailers Cove) consisting of 24 dwelling units in 11 buildings and granting a variance, allowing for an encroachment of 10 to 25 feet into the required 50-foot Indian River Lagoon shoreline setback area and wetland buffer in specific areas as illustrated on the site plan. 3. On September 23, 2020, the Board of Adjustment approved Resolution 2020-007, granting a Variance from the provisions of Section 4.01.04 (Hutchinson Island Height Limitations— Zone B) to allow a twenty-nine (29) unit townhome development, to be known as Oceanglass PUD, to exceed the maximum thirty-five (35)foot building height requirement by seven (7)feet,for a maximum building height of forty-two(42)feet within the PUD Zoning District. 4. On November 10, 2020, this Board approved the applicant's request for a Traffic Impact Study Waiver for the addition of five (5) residential dwelling units within the Oceanglass PUD in accordance with LDC Section11.02.09.A(4.a.3). 5. On December 15, 2020, this Board held a public hearing on the petition for which public notice was published in the St. Lucie News Tribune,a sign was erected on the property,and a notice was mailed to all property owners within 500 feet at least 10 days prior to the hearing. 6. On December 15, 2020, during the public hearing, this Board requested that the applicant amend the Site Plan by eliminating one dwelling unit, providing for a twenty-eight(28) unit residential subdivision.The removal of the unit will allow for the enlargement of open space area,accommodation of an increased gate turnaround width,and expansion of the drainage retention pond. Resolution No. 2020-291 File No.:SPMJ 2201925650 Page 1 7. The Development Review Committee has reviewed the proposed Site Plan Adjustment for the project and found it meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the St. Lucie County Land Development Code. 8. Planning Staff has performed a detailed analysis of the project and determined it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services Department memorandum titled Major Adjustment to the Planned Unit Development (PUD) Site Plan — Oceanglass PUD (FKA Tailers Cove) SPMj-12201925650, dated December 3, 2020. 9. The 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. Previously approved Category I Wetland Buffer and shoreline buffer waiver impacts remain consistent with Resolution 06-15 and are therefore included in this approval. NOW,THEREFORE, BE IT ORDERED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 (A) of the St. Lucie County Land Development Code, the Major Adjustment is hereby approved as shown on the site plan drawings prepared by Culpepper& Terpening, Inc., revised through April 16, 2021, and date stamped by the St. Lucie County Planning Division on April 29,2021,for the property described in Paragraph B below,subject to the following conditions: Planning Division 1. Pursuant to LDC Section 3.01.03(AA), the first ten (10) units of this project will be subject to only the standard road impact fee for the type of proposed construction.The remaining eighteen (18) units will be subject to the Alternate Development Fee of $13,697 per dwelling unit which includes the required road impact fee.All twenty-eight (28) units will be subject to all other required impact fees and any other fee or assessment that St Lucie County may lawfully assess. 2. Within ninety (90) days of site plan approval, submit the wall detail denoting a maximum of 6-foot decorative rail and/or fence on top of the retaining wall and ornamental detail on the retaining wall, such as stamped concrete, or similar embellishment. 3. Prior to issuance of a Site Development Permit, the unmanned restricted access gate shall be removed,or it shall be demonstrated that a"virtual manned"application will be feasible. 4. Utilization of the eastern beach access amenity will require a Site Plan Adjustment and demonstrate safe pedestrian access. Resolution No. 2020-291 File No.:SPMJ 2201925650 Page 2 5. Prior to the issuance of a Certificate of Occupancy, each swimming pool shall comply with LDC Section 8.00.05, be completely enclosed with a fence or wall at least four(4) feet high, and constructed as to be not readily climbable by small children, and demonstrate compliance with the Florida Building Code 2017, Life Safety Requirements. 6. The proposed docking amenity shall be exclusively utilized as accessory to single-family homes within the subdivision. The elements of the dock shall not include auxiliary services of a marina,such as a fuel facility,sewage pump-out station,commercial land- to-water boat hoist, etc. 7. Pursuant to LDC Section 11.03.01, a condition of this Major Adjustment shall be approval by the Board of County Commissioners of a plat conforming to the site plan and the provisions of this Section. Environmental Resources Deoartment 8. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide a revised Conservation Easement with the addition of St. Lucie County as a Grantee with enforcement rights (in addition to the already listed Grantee, the South Florida Water Management District, and similarly, the U.S. Army Corps of Engineers) over the onsite preserves,and an update 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 shapefile of the conservation easement boundaries to St. Lucie County. A copy of a standard Conservation Easement can be obtained from the St. Lucie County Environmental Resources Department. 9. Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their successor or assigns, shall submit an erosion control plan and conduct a pre- construction meeting with construction personnel and Environmental Resources Department staff,to verify vegetation and preserve area protection measures have been installed. 10. Prior to issuance of a Vegetation Removal Permit or Exemption, listed species surveys including but not limited to gopher tortoise surveys shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys appropriate permits from state and federal agencies shall be required. 11. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be removed. Resolution No. 2020-291 File No.:SPMJ 2201925650 Page 3 Public Works 12. Prior to the issuance of a Site Development Permit, revise the Site Plan, presenting an increased driveway length of 20-feet for each unit. This length shall be measured from the garage to the valley gutter. B. The property on which this Major Adjustment to the Planned Unit Development Site Plan is being granted is described as follows: LEGAL DESCRIPTION: That portion of the North 400 feet of the South one half(S%)of Government Lot 5, in Section 2, Township 37 South, Range 41 East, lying West of State Road A-1-A(North Ocean Drive)and also described as follows: The North 400 feet of Parcel G, lying West of State Road A-1-A (North Ocean Drive), F.E. Englar's Plat of Survey, according to the map or plat thereof as recorded in Plat Book 7, Page 13, Public Records of St. Lucie County, Florida. Parcel Identification: 4502-801-0008-000-8 C. This Resolution shall remain valid for the same period of time as the Tailers Cove Resolution No. 06-155, which is vested. D. The developer is advised as part of this Major Adjustment approval for Oceanglass PUD, 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 B. 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. A copy of this Order 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 and Development Services Director and mailed to the developer and agent of record as identified on the site plan applications. F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit B and made a part hereof the Resolution, was granted by the Planning and Development Services Department Director. G. This order shall be recorded in the Public Records of St. Lucie County. Resolution No. 2020-291 File No.:SPMJ 2201925650 Page 4 After motion and second, the vote on this resolution was as follows: Chair Chris Dzadovsky AYE Vice-Chair Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 15th day of December 2020. BOARD OF COUNTY COMMISSIONERS ST. LU O TY RID BY C R ATTEST: APPROVED AS TO FORM AND CORREC ESS: -16.1AA ) DEPUTY CLERK 11 CO*. COUNTY ATTO EY ,;no/ Resolution No. 2020-291 File No.:SPMJ 2201925650 Page 5 a) 13.0 swr.c.•s : .� n ,n I ovr t t - . t?\PIA1TEb sue. `• \` '\ zra tae �,i. . \ 5 ea..uxss uc•.�sn r - c -.x za s•tcI '�" nEa an 1 •s,ic• • -_. • --:aor_:ats— n•ErDrt��a... _ ; '. xe5•.a'rt SO ,..�.._,.............. fi ..'2a "--G—" . r . `v Jtfi"i '�I it ` `.L. 1 ......._, ,et.. " - � �m. ç ...� ,..., ..�-,..- er-i _ • r / • + ' \y 't .Nl-6'nj' - r .. 2 -3 \ f \ w....w....Iea�.�.. ....i .•+Y.E 7 W ..... — , .aiac- i` '\\ r-, 1pl,eL,TTED •.,. u ...s .o_ '� at ._ BAJOR ADJUSTMENT /1 TO euvc. b o ,. F--.� � _ _t -,„.- ul¢evrucY Pt_D I F/K/a T.uLEeS cou21 e CNI O OCFA\GIAS5 POD(F/X/A TAIIEBS COVE PLD) - — y •�_� - - — _"' 517E PId�(DATA TABLES) N 1 • ...:a .�� Ilf.rf f� 1 -.. _-... -_ -" -- z c C d 7 0 0 Z CC L1 EXHIBIT "B" CERTIFICATE OF CAPACITY St I County Certificate of Capacity Date 's Certificate No. This document certifies that concurrency will he 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 \h,par:1i1 u.tnun! the PUU Site Plan Number of units 'ii Number of square feet 2. Property legal description& Tax ID no. -I54 2-tU1-(098-000-$ 10101-10151 S.Ocean Drive.Jensen Beach,El. Oceangla's Pi1I) Ikeanglass PUD 3.Approval: Building Resolution No. 2020-291 Letter 4.Subject to the following conditions for concurrency: Owner's name Igal Zakltodin.Seaglass Ocean Development,LLC Address Mt t t Kane Concourse,Suite 209 Ray Iiarhor Island FL 33154 6.Certificate Expiration Date 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_oTdoriOikstwttur.the same property,use and size as described herein. tiignFd"-- DaIv!Da 202I Planning and Development Services Director St Lucie County.Florida Monday.February 8,2021 I'ntn 1,1t 2 Resolution No. 2020-291 File No.: SPMJ 2201925650 Page 7