HomeMy WebLinkAboutPDS-23-050 - Treasure Cove FKA Shell CovePDS ORDER 2023-050
File Number: SPMj-8202126124
AN ORDER GRANTING A MAJOR ADJUSTMENT TO THE MINOR SITE PLAN
KNOWN AS TREASURE COVE (FKA SHELL COVE), A 6-LOT SINGLE FAMILY
RESIDENTIAL SUBDIVISION ON APPROXIMATELY 6.8ACRES OF LAND IN ST.
LUCIE COUNTY.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the request for a Major Adjustment to the Minor Site Plan for the project known as Treasure
Cove including the comments of the Development Review Committee, and has made the
following determinations:
1. FR and PG LLC, Shell Cove Holdings LLC, Shell Cove Hideaway LLC, RG II LLC,
Frank M Russo JR) and Frank Russo, represented by Engineering Design &
Construction, Inc., presented a petition for a Major Adjustment to Minor Site Plan to
relocate an internal access drive and lift station, identify intended conservation
easement(s) modifications and add a virtually manned access gate. The collective
adjustments propose enlarged building envelopes by narrowing conservation areas
to reflect revised wetland boundaries on -site. The project development site is
approximately 6.80 acres, as depicted on the attached map as Exhibit "A" and legally
described in Part "B" below.
2. On February 21, 1996, the Minor Site Plan known as Shell Cove, f.k.a. Pelican Cove,
CD 96-003, was recorded.
3. On March 3, 1998, the approved site plan was platted and recorded (Plat Book 36
Page 27).
4. On June 10, 1999, an adjustment to the Shell Cove minor site plan was approved
specifically for an adjustment to revise the Conservation Easement affecting Lots 1,
2, and 3 of the Shell Cove Subdivision.
5. On November 22, 1999, a replat was recorded (Plat Book 38, Page 17) reflecting the
above adjustment, which expanded the Perpetual Conservation Easement further
east up to the ingress/egress and utility easement.
6. The St. Lucie County Development Review Committee has reviewed the Major
Adjustment to the Minor Site Plan and found it to meet all technical requirements,
subject to the conditions set forth in Part "A" of this Order and determined that the
Major Adjustment complies with criteria found in Section 11.02.07 of the St. Lucie
County Land Development Code.
7. 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.
8. The proposed project will not have an undue adverse effect on adjacent property,
Page 1 MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT PDS Order2023-050
g SAINT LUCIE COUNTY
FILE# 5217540 07/1712023 08:42:44 AM File Number: SPlvlj-i 2021<?r 124
OR BOOK 5017 PAGE 317 - 326 Doc Type: ORD
RECORDING: $86.50
the character of the neighborhood, traffic conditions, parking, utility facilities or other
matters affecting the public health, safety and general welfare.
9. 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.
10. 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.
11. The proposed project will be served by Fort Pierce Utilities Authority water and St.
Lucie County Utilities wastewater.
NOW, THEREFORE, BE IT ORDERED BY THE PLANNING & DEVELOPMENT
SERVICES DIRECTOR OF ST. LUCIE COUNTY:
A. Pursuant to Sections 11.02.03 and 11.02.07. of the St. Lucie County Land Development
Code, the Major Adjustment to the Treasure Cove (FKA Shell Cove Minor Site Plan is
hereby approved as shown on the Adjusted Site Plan prepared by Engineering, Design
& Construction, Inc., May 2, 2023, and date stamped by the Planning & Development
Services Department on May 5, 2023 subject to the following conditions:
Prior to commencement of development, as defined in LDC 2.00.00, provide
documentation or written correspondence from the Florida Department of
Environmental Protection (DEP) and/or ACOE regarding how the new proposed
development impacts will affect the existing perpetual conservation easement and
their willingness to amend the existing conservation easement. The existing
perpetual conservation easement is dedicated to the State (DEP) and St. Lucie
County, and therefore requires release by all agencies listed. The remaining onsite
wetlands were placed under perpetual conservation easement to satisfy required
wetland mitigation to the previous wetland impacts (see Appendix B).
2. Prior to commencement of development, as defined in LDC 2.00.00, all submitted
documents and plans shall address the inconsistent development site acreage,
e.g., the site plan lists ±6.81, the EIR and PAMMP lists ±6.61,etc.
3. Prior to commencement of development, as defined in LDC 2.00.00, revise the
Environment Impact Report (EIR) to be consistent with LDC 11.02.09.A.5 and
Chapter 6 of the Comp. Plan Policy 6.1.12.4 including but not limited to the
following:
a. Include the historical permitting of the previously approved development,
including but not limited to how required wetland mitigation was satisfied for
the previous wetland impacts;
b. Provide discussion of how avoidance and minimization is being met, i.e., no
reasonable alternative exists, and avoidance and minimization of direct
impacts to the wetlands and/or its associated buffers cannot be achieved per
Comp Plan Policies 6.1.14.2 and 6.1.14.3;
Page 2 PDS Order2023-050
File Number. SPP✓ij-;; 0:>1;JE 1?-
C. Provide confirmation funding was paid to St. Lucie County Mosquito Control
District for the purchase and installation of a culvert within the preserve area
as described. The culvert must be installed within the 1-year time frame in
order to avoid a temporal lag or the mitigation proposal will be re-evaluated.
Proof of the transfer of funds and installation of the culvert was to be submitted
to the State Regulatory Office within the 1-year time frame. If applicable, per
the terms of the recorded perpetual conservation easement in favor of St.
Lucie County, the onsite wetlands shall be brought into compliance, i.e.,
removal of invasive plant species, etc.;
d. Amend Appendix A Site Maps of the EIR, to include the two parcels west A1A,
as these parcels were historically part of the Shell Cove development, and their
onsite wetlands were placed under perpetual conservation easement to satisfy
required wetland mitigation to the previous wetland impacts and are the
maintenance responsibility of the HOA/POA;
e. Include the documentation from DEP and ACOE regarding how the new
proposed development impacts will affect the existing conservation easement
and if DEP will consider amending the existing conservation easement;
f. Provide applicable documentation (i.e., permits, jurisdictional determinations,
no permit required [NPR]s, etc.) from all outside agencies;
4. Prior to commencement of development, as defined in LDC 2.00.00, 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.
5. Prior to commencement of development, as defined in LDC 2.00.00, provide an
updated Conservation Easement and Preserve Area Management and Monitoring
Plan (PAMMP) for all onsite conservation areas (e.g., dune preservation zone,
wetlands and wetland buffers, etc.) to include the following per LDC:
a. A Sea Turtle Protection Plan (STPP);
b. A Dune Restoration Plan with the inclusion of the 15' wide dune access
easement between Lots 1 & 2 for emergency access only for future dune
maintenance and/or restoration activities as outlined in LDC 6.04.01 and a
similar planting plan found in LDC 6.04.02.E.
C. Updated exhibits/appendices which represent the correct site plan, including
the two parcels west of Al A, as these parcels were historically part of the Shell
Cove development, and their onsite wetlands were placed under perpetual
conservation easement to satisfy required wetland mitigation to the previous
wetland impacts and are the maintenance responsibility of the HOA/POA;
d. Provide applicable documentation (i.e., permits, jurisdictional determinations,
no permit required [NPR]s, etc.) from all outside agencies;
e. An attached affidavit and cashier's check payable to the Clerk of the Court for
recording fees to the County Attorney;
f. Provide a GIS shapefile or CAD file of the conservation easement boundaries
to St. Lucie County;
Page 3 PDS Order2023-050
File Number SPivij-2<%0?1,) 12-+
6. Prior to commencement of development, as defined in LDC 2.00.00, an approved
boundary survey shall be submitted and include the following per LDC 11.02.09.A.:
a. Include the two parcels west of Al A, as these parcels were historically part of
the Shell Cove development, and their onsite wetlands were placed under
perpetual conservation easement to satisfy required wetland mitigation to the
previous wetland impacts and are the maintenance responsibility of the
HOA/POA (see Appendix B);
b. Provide the identification of the agency or agencies claiming jurisdiction of all
submerged lands;
C. Depict the limits and elevations of any and all jurisdictional wetlands;
d. Depict the dune preservation zone, as defined in LDC 2.00.00, per the Land
Development Code and Comprehensive Plan;
e. Include the description of "emergency" for the 15' dune access easement
between Lots 1 & 2;
Provide at minimum a five ft. (5') setback from the dune preservation zone, as
no development shall be approved that would threaten the stability of the dune
or beach in front of or adjacent to any parcel of land and all development shall
comply with the restrictions and criteria outlined in LDC 6.02.01.E. An
approved permanent environmental protection barrier and signs shall be
installed so as to omit any anthropogenic impacts to the dune preservation
area.
g. Depict and provide all applicable documentation (e.g., coastal construction
control line [CCCL] permit, etc.) for the proposed one (1) beach access. Per
LDC 6.01.01.H, all development when providing shoreline access shall comply
with the following requirements and criteria in order to protect the functions and
values of the estuarine and beach -dune shoreline areas, including but not
limited to, all proposed public access points on the development plan:
• All lighting required for coastal development activities specified in LDC 6.04.02.E,
installed after December 1, 1986, shall comply with all standards outlined in
LDC 6.04.02.1 and be incorporated into the STPP;
• All beach access points constructed after December 1, 1986, shall comply with
all standards outlined in LDC 6.04.02.E and be incorporated into the STPP,
including all pedestrian traffic being directed to theone
• approved dune crossover and installation of permanent sea turtle information
signs;
7. Prior to commencement of development, as defined in LDC 2.00.00, an approved
site plan shall be submitted and include the following items:
a. Include the two parcels west of A1A, as these parcels were historically part of
the Shell Cove development, and their onsite wetlands were placed under
perpetual conservation easement to satisfy required wetland mitigation to the
previous wetland impacts and are the maintenance responsibility of the
HOA/POA;
Depict the dune preservation zone, as defined in LDC 2.00.00, per the Land
Development Code and Comprehensive Plan;
Page 4 PDS Order2023-050
File Number SF fvij c<0?1<>61`
C. Provide at minimum a five ft. (5) setback from the dune preservation zone, as
no development shall be approved that would threaten the stability of the
frontal dune or beach in front of or adjacent to any parcel of land and all
development shall comply with the restrictions and criteria outlined in LDC
6.02.01.E. An approved permanent environmental protection barrier and signs
shall be installed so as to omit any anthropogenic impacts to the dune
preservation area.
d. Depict and provide all applicable documentation (e.g., coastal construction
control line [CCCL] permit, etc.) for the proposed single beach access. Per
LDC 6.01.01.1-1, all development when providing shoreline access shall comply
with the following requirements and criteria in order to protect the functions and
values of the estuarine and beach -dune shoreline areas, including but not
limited to, all proposed public access points on the development plan:
All lighting required for coastal development activities specified in LDC
6.04.02.E, installed after December 1, 1986, shall comply with all
standards outlined in LDC 6.04.02.1 and be incorporated into the
STPP;
All beach access points constructed after December 1, 1986, shall
comply with all standards outlined in LDC 6.04.02.L and be
incorporated into the STPP, including all pedestrian traffic being
directed to the one (1) approved dune crossover and installation of
permanent sea turtle information signs;
e. Include the description of "emergency" for the 15' dune access easement
between Lots 1 & 2;
8. Prior to commencement of development, as defined in LDC 2.00.00, an approved
plat shall be submitted and include the following items:
a. Include the description of "emergency" for the 15' dune access easement
between Lots 1 & 2;
b. Depict the required 50' upland buffer for Wetland 2 per Comp. Plan Policy
6.1.14.5;
C. Depict the dune preservation zone, as defined in LDC 2.00.00, per the Land
Development Code and Comprehensive Plan;
d. The conservation easement is in favor of St. Lucie County and the Florida
Department of Environmental Protection, not the South Florida Water
Management District; therefore, correct #2 under Certificate of Ownership &
Dedication;
9. Prior to recording of the plat, provide an updated and recorded conservation
easement along with the approved Preserve Area Management and Monitoring
Plan (PAMMP) so that the OR Book and Page can be referenced on the plat.
10. Prior to commencement of development, as defined in LDC 2.00.00, an approved
landscape plan shall be submitted, including the following items:
a. Include the two parcels west of Al A, as these parcels were historically part of
the Shell Cove development, and their onsite wetlands were placed under
perpetual conservation easement to satisfy required wetland mitigation to the
previous wetland impacts and are the maintenance responsibility of the
Page 5 PDS Order2023-050
File Number: SPMj-8202126124
HOA/POA;
b. Depict the dune preservation zone, as defined in LDC 2.00.00, per the Land
Development Code and Comprehensive Plan;
C. Include the description of "emergency" for the 15' dune access easement
between Lots 1 & 2;
d. Provide and depict at minimum a five ft. (5) setback from the dune
preservation zone, as no development shall be approved that would threaten
the stability of the frontal dune or beach in front of or adjacent to any parcel of
land and all development shall comply with the restrictions and criteria outlined
in LDC 6.02.01.E. An approved permanent environmental protection barrier
and signs shall be installed so as to omit any anthropogenic impacts to the
dune preservation area.
e. Depict and provide all applicable documentation (e.g., coastal construction
control line [CCCL] permit, etc.) for the proposed one (1) beach access. Per
LDC 6.01.01.H, all development when providing shoreline access shall comply
with the following requirements and criteria in order to protect the functions and
values of the estuarine and beach -dune shoreline areas, including but not
limited to, all proposed public access points on the development plan:
• All lighting required for coastal development activities specified in LDC
6.04.02.E, installed after December 1, 1986, shall comply with all
standards outlined in LDC 6.04.02.1 and be incorporated into the STPP;
• All beach access points constructed after December 1, 1986, shall
comply with all standards outlined in LDC
6.04.02.E and be incorporated into the STPP, including all pedestrian
traffic being directed to the one (1) approved dune crossover and
installation of permanent sea turtle information signs;
f. Depict the required 50' buffer for Wetland 2 within Lot 1 per Comp. Plan Policy
6.1.14.5;
11. Prior to commencement of development, as defined in LDC 2.00.00, all onsite
preservation areas and conservation easements shall be protected with approved
permanent environmental protection barrier and signs installed so as to omit any
anthropogenic impacts to these areas.
12. Prior to commencement of development, as defined in LDC 2.00.00, the applicant
shall include the following information within the Homeowners Association
documents:
a. Restrictions on any encroachment into the preserve areas, as well as
restrictions on vegetation removal outside the building pad areas per Comp.
Plan Policy 6.1.8.5
b. References to the Preserve Area Management Plan (PAMMP), Sea Turtle
Protection Plan (STPP), and Dune Restoration Plan.
C. Disclosure regarding the COBRA zone designation for this property.
d. Mechanism for perpetual financial responsibility of the Homeowners
Association for future dune maintenance.
Page 6 PDS Order 2023-050
File Number: SPMj-8202126124
13. The lift station shall include the following precautions to prevent contamination of
the wetland in the event of a system failure per Comprehensive Plan Policy
6.1.14.2:
a. The top of wetwell and electrical components shall be sited sufficiently above
the flood elevation of concern.
b. A permanent emergency generator shall be provided to ensure functionality of
the station in the event of a power outage.
C. An appropriate alarm (high level, pump failures, etc.) and a means of
notification (e.g., autodialer) to notify of problems at the lift station shall be
installed so utility personnel can respond in a timely manner.
d. Routine maintenance to preventing a failure at a lift station shall be performed.
14. The Declaration of Covenants for Treasure Cove Homeowners Association shall at
all times require the Homeowners Association to maintain in good repair and
manage, operate, insure, and shall replace as often as necessary, the Common
Areas including but not limited to the Preserve Areas protected under the
Conservation Easement. Without limiting the generality of the foregoing, the
Homeowners Association shall assume, and hereby assumes, all Developer's and
its affiliates responsibility to St. Lucie County with respect to the Common Areas,
Sea Turtle Protection Plan Conservation Easement.
15. 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.
16. All other applicable state or federal permits must be obtained before
commencement of the development.
17. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive
species shall be eradicated from the site.
18. Prior to the issuance of a Certificate of Occupancy for each building, 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. A
registered Florida architect or engineer shall conduct a nighttime survey with all of
the beachfront lighting turned on and provide a report of the inspection to the
Environmental Resources Department as outlined in the approved Sea Turtle
Protection Plan. If any violations of the sea turtle lighting code are identified a
Certificate of Occupancy shall not be issued until all violations have been
corrected.
19. Prior to the issuance of a Certificate of Occupancy, informational sea turtle
signage shall be installed on the dune crossover.
20. A site development permit is required prior to initiation of any site improvements.
21. Prior to the County executing the Replat corresponding with this Site Plan
Adjustment, the mylars shall reflect the current Board Chair, label the 15'
Emergency Maintenance Access Easement (currently titled Mosquito Control
Easement), depict the required 50' upland buffer for Wetland #2, and depict the
Page 7 PDS Order2023-050
File Number: SPMj-8202126124
dune preservation zone, as defined in LDC 2.00.00, per the Land Development
Code and Comprehensive Plan.
22. The Replat shall comply with the Adjusted Minor Site Plan and associated
conditions. In the event the state (DEP) does not support amending their
conservation easement, or the amendment is not supported by the US Army Corps
of Engineers (ACOE), the site plan shall be amended to comply with any recorded
easements.
B. The property on which the Major Adjustment to the Minor Site Plan is being granted is
described as follows:
Development Area:
LOTS 4, 5 & 6, SHELL COVE ADDITION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 40, PAGE 34, OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA.
CONTAINING 3.42 ACRES, MORE OR LESS.
TOGETHER WITH LOTS 1, 2 & 3, SHELL COVE REPLAT, A SUBDIVISION ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38, PAGE 17, IN THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA.
CONTAINING 3.39 ACRES, MORE OR LESS.
Conservation Area Linked to Project:
SECTION 32, TOWNSHIP 35, RANGE 41, PARTICULARLY THAT PART OF N 250 FT OF S
1250 FT OF SEC LYG W OF A1A FOR CONSERVATION EASEMENT (6.56 AC) (OR 2983-
1219)
Parcel ID Numbers: 2532-801-0001-000-6, 2532-801-0002-000-3, 2532-801-0003-000-0
2532-802-0001-000-9, 2532-802-0002-000-6, & 2532-802-0003-000-3, & 2532-341-0001-
010-8
C. The approvals and authorizations granted by this Order shall expire in twelve months,
unless a (Re) Plat is recorded or a site plan extension is granted in accordance with the
St. Lucie County Land Development Code.
D. The property owner, including any successors in interest, shall obtain all applicable
development permits and construction authorizations from the appropriate State, 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, Fort Pierce Utilities Authority,
St. Lucie County Utilities, St. Lucie County Environmental Resources Department, St.
Lucie County Building Division and Public Works Department prior to the commencement
of development activities on the property described in Part "B". Issuance of any 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
Page 8 PDS Order 2023-050
File Number: SPMj-8202126124
result in a violation of state or federal law.
E. The conditions set forth in Part "A" are an integral non -severable part of the site plan
approval granted by this Order. If any condition set forth in Part "A" 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 Order shall become
null and void.
F. This Order shall be recorded in the Public Records of St. Lucie County.
G. A recorded 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 Department Director.
H. 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
Department and mailed to the developer and agent of record as identified on the site plan
application.
ORDER effective this day of Tvim" 2023.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY X:
Benjam cer, AIC
APPROVED AS TO FORM
AND CORRECTNESS:
BY
W1 County Attorney
Page 9 PDS Order2023-050
File Number SPMj-8202126124
EXHIBIT "A"
LOCATION MAP
d
O
I � A
m
'N
'O
i t
Subject Parcel
� N
o�
7
1\ \
s \
SO 1
07 \
1
Page PDS Order2023-050
File Number SP!';'?j- -- : _