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HomeMy WebLinkAboutPDS-22-058 - Oceanglass PUD PDS ORDER 2022-058 File No.: SPMn-1202226265 AN ORDER GRANTING A MINOR ADJUSTMENT TO THE FINAL PUD SITE PLAN FOR THE PROJECT KNOWN AS OCEANGLASS (FKA TAILERS COVE) PLANNED UNIT DEVELOPMENT (PUD) OCEANGLASS FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Adjustment to the Final PUD Site Plan for the project known as Oceanglass (formerly known as Tailers Cove), the comments of the Development Review Committee, and has made the following determinations: 1. Seaglass Ocean Drive Development, LLC, represented by Dennis Murphy of Culpepper & Terpening Oceanglass presented a petition for a Minor Adjustment to the Final PUD Site Plan known as the Oceanglass PUD to remove of one (1) unit, increased open space and stormwater areas, entry drive and turnround adjustments, minor modifications to travel lane dimensions and associated driveway connections, and shift units 9/10 in the northwest corner of the development site to accommodate the various adjustments. 2. On December 15, 2020, the Board of County Commissioners granted Resolution 2020- 291, conditionally approving a Major Adjustment to the Oceanglass PUD Final Site Plan. 3. The Development Review Committee reviewed the proposed site plan for the project and found it meets the technical requirements of the St. Lucie County Land Development Code, has satisfied the standards of review set forth in Sections 11.02.07, Standards for Site Plan Review and 11.02.05., Review of Applications for Planned Developments, of the St. Lucie County Land Development Code, and is in substantial conformity with the Board of County Commissioners' approval with conditions. 4. 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 located in the Planning and Development Services Department memorandum titled Oceanglass PUD - Minor Adjustment to the Final PUD Site Plan (SPMn-1202226265), dated December 6, 2022. 5. 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. 6. All reasonable steps have been taken to minimize any adverse effects of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 7. The proposed project will be constructed, arranged, and operated so as to not interfere with the development and use of neighboring property, in accordance with applicable district regulations. PDS Order 2022-058 Page 1 MICHELLESAINTLUCIE R.MILLERCOUNTY,CLERK OF THE CIRCUIT COURT File No.: SPMn-1202226265 FILE# 5136059 12/22/2022 03:30:23 PM OR BOOK 4930 PAGE 2077-2084 Doc Type:ORD RECORDING: $69.50 NOW,THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. The property on which the Minor Adjustment to the Final PUD Site Plan is being granted is displayed in Exhibit A, below, and described as follows: LEGAL DESCRIPTION That portion of the North 400 feet of the South one half (S1/2) 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 B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the proposed Minor Adjustment to the Final PUD Site Plan project known as the Oceanglass PUD, as depicted in Exhibit C, is hereby approved as shown on the site plan for the project prepared by Culpepper& Terpening, Inc., dated December 2, 2019, revised through August 10, 2022 and date stamped received by the St. Lucie County Planning & Development Services Department on November 3, 2022, subject to the following conditions (editor's notes for updates): 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 nineteen (19) 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 ninc (289) 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 maxi m foot d orative rail and/or f oe on top of the retaining wall and mma{�rrr-V 1--17--r vva�e6vranv�r'�--�'Rrrv�-re{�vc�� ornamental detail on the retaining wall, such as stamped concrete, or similar embellishment. Completed 3. Prior to issuance of a Site Pert t,,-trhe unmmanneedd--rres rCricted as loess gate shall be removed, or it shall—be-demonstrated that a "virtual manned" application-will-be-feasible,Completed 4. Utilization of the eastern beach access amenity will require a Site Plan Adjustment and demonstrate safe pedestrian access. Please be advised a formal site plan adjustment PDS Order 2022-058 Page 2 File No.: SPMn-1202226265 approval through the County with appropriate permitting from all state and/or federal agencies shall be obtained prior to ingress/egress of the proposed beach access. 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 al Development Order shaail be approval by the Board of County _ _ //�+ sen�iti�n of Fines y �,N:::�::, .�:� uNN'��' Commissioners of a platenforming to the sine—plaan and the provi ions of thi Section. Completed Environmental Resources Department 8. Within ninety (90) days of site plan approval or prior to issuance of any development ay �....� ..,.yam _ r.-. -rr•-_-.. _. r.._. ... ..,............... ... ... .� ,..�.......p....,..a permits whichever occ ors first the applicant shall provide a revised•landscape plan consistent with the Land Development--Code-to the EnvT o mental Resorccess Department, including details pertaining to the proposed retaining wall pe�Land Development Code 7.09.01, and `' the east and south perimctcr landaeap -buffers, wh,ic rshall include--increasing a width-of-the--buffers --acco e-to Land Development Code 7.09.01. Should the revisions result in required site plan reconfiguration,are-adjustment to he site plan shall be required Resolved 9. Prior to issuance of a Vegetation Removal Permit er Exemption the applicant hall e provide a reviser! Conservation Easement with the addition of St I ucie County as a e Florida Water Management District and similarly the I I S 4rmy Corps of Engineers) e and Management Plan (P4MMP) with an attached affidavit and cashiers check (payable to the Clerk-of e-Cour -fog-recording fees`T«the Gaunt„ Attorney for easement-boundaries to St. Lucie-County.A -stand�nse n Easem t be ed f e c t i Environm Resources ���,�er��oap��e ta�r+ca--Tram thy- #:-Lave e���„egtal�a�� Department. Resolved 10. Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, ttheir succesjvr or aasp_igns, shall submit an erosion control plan and conduct a pre_ construction meeting with construction personnel and Environmental Resougees been installed. Resolved PDS Order 2022-058 Page 3 File No.: SPMn-1202226265 11. Prior to issuance of a Vegetation Removal Permit or Exemption, listed species s-inmtding but not limite a gopher-4srtoise surveys shall be ^dated as federal agencies shall be required. Resolved 12. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be removed. 13. Prior to Plat recording, 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. Public Works 14. Prior to the issuance of a-Site Development Permit, revise the Site Plan, presenting an increased drivcway length of 20 fcct for each unit. This length shall be measured from the garage to the valley gutter. Resolved C. The approvals and authorizations granted by this Order is valid for twelve (12) months, 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 Minor Adjustment to a Final PUD Site Plan 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 Order. If any condition set forth in Part B is determined to be invalid or PDS Order 2022-058 Page 4 File No.: SPMn-1202226265 unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this Order shall become null and void. F. An updated Certificate of Capacity, a copy of which is attached hereto as Exhibit B and made a part hereof the Order, was granted by the Planning & Development Services Department Director on December 7, 2022. G. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part A above, all such appeals must be filed in writing with the County Administrator within thirty (30) days of the rendering of this Order, as described in Section 11.02.04(B), St. Lucie County Land Development Code. Should an appeal to this Order 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 Order 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. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the l day of t b¢.r 2022. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY C Ben Balcer, AICP for Mayte Santamaria APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney PDS Order 2022-058 Page 5 File No.: SPMn-1202226265 EXHIBIT "A" N _. g�Z Subject ° S Parcel P2 P c ciP °o $ s Ne T PEPPER LN It ma° 0,5,1ST 1COUNT'•LINERD 'County boundary g J-1 1 ‘ .*--, PDS Order 2022-058 Page 6 File No.: SPMn-1202226265 EXHIBIT "B" CERTIFICATE OF CAPACITY (UPDATED) St Lucie County Certificate of Capacit Date 2/8/2021 (Updated 12%7/2022) Certificate No. 3125 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 Major Adjustment to the PUD Site Plan Number of units 28 Number of square feet 2. Property legal description & Tax ID no. 4502-801-0008-000-8 10101-10151 S.Ocean Drive,Jensen Beach,FL Oceanglass PUD Oceanglass PU!) 3.Approval: Building Resolution No. 2020-291 Letter 4. Subject to the following conditions for concurrency: Updated via PDS Order 2022-058 Owner's name lgal Zakhodin,Seaglass Ocean Development,1.1.0 Address 1111 Kane Concourse,Suite 209 Bay Harbor 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 developme or er e same property,use and size as described herein. Signed Date: 12/7/21122 AM Planning and Development Services Director St Lucie County,Florida Wednesda',,December 7,2022 PDS Order 2022-058 Page 7 File No.: SPMn-1202226265 Do 'n LD O N N N N N O N N O N 7 O2 co a 0 N _ �- O : . . .. L_ s . r 's ' Qt'::._ .. /\ Y �..- 1 1 W V) r... I _ / aT. Qmac- '°"'s PROPOSED BOAT DOCKS ZAVEl.=;R►{1 7, MINCE IDJusTMENT#1 , c�i.c..v a,.pup wo..uc 1k,, - ' -- - Q(:K5 (;LL-. ITU t F•E,..TdL Rs(OVEI I OCE NGIASS PGD (T'OiIiR ILUOS ADJ. #1J �• - "."'. .. ••• `�4 L11 = �f '-- ' 5178 PLAN (WIDE) Y� iH-IIo CO ■ - + �3oi L2 @