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Home My WebLink AboutPDS-23-056 – The Sunset Beach PUD 1 PDS ORDER 2023-056 File Number: PDMn-2305000014 AN ORDER GRANTING A MINOR ADJUSTMENT TO THE FINAL PLANNED UNIT DEVELOPENT SITE PLAN KNOWN AS THE SUNSET BEACH PUD, A 43-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION ON APPROXIMATELY 38.8 ACRES OF LAND IN ST. LUCIE COUNTY. 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 Sunset Beach PUD including the comments of the Development Review Committee, and has made the following determinations: 1. The applicant, Lloyd S. Moody on behalf of WBC Collections, L.P., DIAMOND SHORES LLC, Sunset Beach Property Owner's Association Inc., and Representative, Richard Ladyko, PE., presented a petition for a Minor Adjustment to the Final Planned Unit Development (PUD) Site Plan to relocate the temporary modular sales trailer on Lot#17 to the Recreational Tract, until the model on Lot#16 can be occupied. The overall project site is approximately 38.8 acres, as depicted on the attached map as Exhibit "A" and described in Part "B" below. 2. On June 2, 2009, the St. Lucie County Board of County Commissioners through Resolution No. 09-026 granted Preliminary PUD Site Plan approval for a single-family subdivision consisting of 44 lots. 3. On January 26, 2010, the Growth Management Director through GM Order 10-006 in accordance with Florida Statutes Community Renewal Act authorized a Preliminary PUD Site Plan extension which expired on June 2, 2013. 4. On February 24, 2014, the Planning and Development Services Director, in accordance with Ordinance No. 2013-43, authorized a Preliminary PUD Site Plan extension with an expiration date of June 2, 2015. 5. On June 2, 2015, the Board of County Commissioners through Resolution No. 15- 091 granted a Major Site Plan Adjustment to the Preliminary PUD Site Plan. This site plan adjustment resulted in an increase of lands due to changes in the mean high- water line, the reduction of one (1) single family residential lot, the re-location of the common recreation amenity towards the center of the development, and the re- location of the main access road to eliminate direct wetland impacts. 6. On November 1, 2016, the Board of County Commissioners through Resolution 2016-190 granted Final PUD Site Plan approval and a Zoning Atlas Amendment (Rezoning) from HIRD to PUD for a single-family residential development consisting MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT PDS Order 2023-056 SAINT LUCIE COUNTY PDMn-2305000014 FILE# 5232522 08/21/2023 12:33:29 PM OR BOOK 5033 PAGE 289-296 Doc Type:ORD Page 1 RECORDING $69.50 of 43 lots with a recreational amenity on 38.8 acres. 7. On June 6, 2017, the Board of County Commissioners through Resolution 2017-127 granted a Major Adjustment to revise the project entrance and relocate the recreational amenity based on an FDEP determination. A Wetland Waiver approved 105 sq. ft. of direct impacts to wetlands associated with the installation of pilings to support the proposed bridge structure and 0.94-acres of secondary impacts to the required 50-foot upland buffer. 8. On July 24, 2018, the Board of County Commissioners approved Resolution 2018- 127 which corrected the expiration date noted in Section "C" of Resolution 2017-127. 9. On November 8. 2022, Final Plat approval was recorded in the Public Records of St. Lucie County, Plat Book 110. Page 15. 10. On December 15. 2022, the Planning and Development Services Director approved a Minor Adjustment to the PUD Site Plan through PDS Order No. 2022-054 to add a temporary Modular Sales Trailer to Lot #17 while the model home on Lot #16 was under construction. 11. The St. Lucie County Development Review Committee has reviewed the Minor Adjustment to the Sunset Beach PUD Final 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 Minor Adjustment to Final PUD Site Plan complies with criteria found in Sections 11.02.05 & 11.02.07 of the St. Lucie County Land Development Code, and remains in substantial conformity with the previous approved Preliminary/Final PUD Site Plan. 12. 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. 13. 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. 14. 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. 15. 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. 16. The proposed project will be served by Fort Pierce Utilities Authority water and St. Lucie County Utilities wastewater. PDS Order 2023-056 PDMn-2305000014 Page 2 NOW, THEREFORE, BE IT ORDERED: A. Pursuant to 11.02.05 E. of the St. Lucie County Land Development Code, the Minor Adjustment to the Final PUD Site Plan is hereby approved as shown on the Adjusted Site Plan prepared by Richard Ladyko of Ladyko Design Group, dated May 10, 2023, and date stamped by the Planning & Development Services Department on July 14, 2023 subject to all previous conditions of approval applicable to the subject project, as contained in Res No. 2016-190, PDS Order 2022-054 and those added for this Adjustment: Planning and Development Services - Planning Division 1. Prior to the issuance of the first certificate of occupancy, the property owner shall coordinate the alignment and connection of the 26-foot wide stabilized emergency access driveways as depicted on the site plan drawings with the property owners to the north and south and enter into a cross-access agreement with both adjacent property owners. 2. The agreement shall be recorded identifying that the driveways shall be pervious in nature, shall be clear of any obstructions and shall be utilized only for emergencies. This cross access easement will not be required if an agreement is executed for the construction of a shared access driveway that will be utilized for ingress/egress with either development to the north or south. Said shared access driveway improvements shall require modifications to the approved site plans. (Under Construction) 3. Prior to the issuance of the 10th certificate of occupancy for a single-family residence the following list of amenities shall be constructed with a certificate of occupancy or completion issued by the County's Building Department in accordance with the approved site plan: a. Common recreational amenity (swimming pool/deck) and restrooms; b. All off-street parking spaces: c. The monument (project identification) sign located at the entrance. Removal of the Temporary Sales Trailer from the Recreation Tract shall occur concurrent with the requirements of this Condition of Approval. (Addendum) St Lucie County Fire District 4. All single-family residential structures shall have sprinklers in accordance with the Florida Fire Prevention Code. Mosquito Control District 5. After the issuance of the final certificate of occupancy for the development, the developers. PDS Order 2023-056 PDMn-2305000014 Page 3 successors or assigns, or designated HOA/POA shall be responsible for the perpetual maintenance of the mosquito control culverts. The flushing culverts must be maintained in functional order at all times, and undergo maintenance immediately after all catastrophic events to remove debris and sand that accrue to block water exchange after these events. St. Lucie County Mosquito Control and Public Works will make periodic inspections of these facilities to ensure compliance with this condition. County Attorney's Office 6. Prior to recordation of the Final Plat, all property included in the legal description of this petition shall be subject to a Declaration of Covenants and Restrictions acceptable to the County Attorney's Office which shall include the following: a. Formation of a single "master" property owner's association, automatic voting membership in the master association by any party holding title to any portion of the subject property, and assessment of all members of the master association for the cost of maintaining all common areas; (Completed). b. All recreational parcels shall be deed restricted to recreation for the use of the residents of the development. At the time of turnover of the POA/HOA, the recreation parcel shall be turned over to the association at no costs to the residents; c. The property shall not be subject to the Declaration of Covenants and Restrictions in phases. Approval of the Declaration must be obtained from the County Attorney's Office prior to the recordation of the Final Plat for any portion of the planned development; and d. All sales brochures, sales contracts, and POA/HOA documents shall contain written disclosures of the current Coastal Barrier Resources System (CBRS) Area designation at the time of the sale for insurance purposes. 7. In accordance with the approved site plan, the applicant shall be required to provide an 8 foot wide sidewalk along the western side of SR A-1-A. Relief will be granted to the applicant in the event that the Florida Department of Transportation (FDOT) refuses the construction of the sidewalk within their road right-of-way. The applicant shall then pay a fee-in-lieu to the County as described in LDC, Section 7.05.04.h - Sidewalks and Bikeways. (Note: FDOT has rejected the subject sidewalk, therefore a fee-in-lieu will be pursued) 8. Prior to the issuance of a Building Permit, on-site construction (engineering) plans shall be submitted to the Public Works Engineering Division for review and approval. (Site Development Permit Approved). Environmental Resources Department 9. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the developer shall provide an executed Conservation Easement, approved Preserve PDS Order 2023-056 PDMn-2305000014 Page 4 Area Monitoring and Management Plan (PAMMP), Dune Restoration Plan and Sea Turtle Protection Plan (STPP) with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney. The applicant shall also provide a georeferenced GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. A copy of a standard Conservation Easement can be found on the St. Lucie County Environmental Resources Department website at: http://www.stlucieco.gov/pdfs/ConservationEasemen_tForm.pdf. (Completed) 10. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall include the following information within the Declaration of Covenants and Restrictions documents: a. Restrictions on any encroachment into the preserve areas, as well as restrictions on vegetation removal outside the building pad areas. [Comprehensive Plan Policy 8.1.8.5] b. References to the Preserve Area Management Plan (PAMMP) and Sea Turtle Protection Plan (STPP). c. Disclosure regarding the Coastal Barrier Resources (CBRS) Area zone designation for this property. d. Mechanism for perpetual financial responsibility of the Property Owners' Association for future dune and culvert maintenance. (Completed) 11. 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. 12. All other applicable state or federal permits must be obtained before commencement of the development. 13. Prior to the issuance of a Certificate of Occupancy, compliance with the sea turtle lighting standards shall be required through review and approval of a night time survey with all beachfront lighting turned on as detailed in St. Lucie County Land Development Code, Section 6.04.02.1.9.a. 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. 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. 14. Prior to the issuance of a Certificate of Occupancy, informational sea turtle signage shall be installed on each dune crossover. 15. Prior to issuance of a Certificate of Occupancy, the proposed flushing culvert shall be installed consistent with the approved siteplan. 16. Prior to issuance of further Vegetation Removal Permit(s) or Exemption(s), listed PDS Order 2023-056 PDMn-2305000014 Page 5 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. 17. Within thirty {30) days of approval or prior to issuance of any building permits for the property, whichever occurs first, the access agreement for Mosquito Control along the western portion of the site and the modified wetland and upland buffer easement reflecting this minor adjustment shall be recorded in the official public records. 18. Prior to issuance of a Certificate of Occupancy, provide an update landscape plan for Lot 17 showing the substitution of native hedge material (i.e.. green buttonwood) for a non- native species. (Completed) 19. Prior to issuance of a Vegetation Removal Permit or Exemption, a landscape plan depicting foundational plantings in accordance with LDC 7.10.24.0 and perimeter landscaping in accordance with LDC 7.09.04.B for the relocated temporary sales trailer and its associated parking area shall be provided. (New) 20. Prior to issuance of a Certificate of Occupancy all Category I listed invasive plants shall be eradicated from the site. (New) B. The property on which the Minor Adjustment to the Final PUD Site Plan is being granted is described as follows: Government Lot 2, less the north 938.84 feet and less the right-of-way of State Road A- 1-A and Government Lot 3, less the right-of-way of State Road A-1-A, Section 29, Township 35 South, Range 41 East, St. Lucie County, Florida. The site also described as the Sunset Beach Plat as recorded in St. Lucie County Public Records, Plat Book 110, Page 15. Parcel ID Number: 2529-600-0008-000-8 C. The approvals and authorizations granted by this Order shall expire upon expiration of the active subdivision site development permit, unless a Building Permit or a site plan extension is granted in accordance with LDC, Section 11.02.06.B.3., 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, PDS Order 2023-056 PDMn-2305000014 Page 6 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 A. 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 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 ofvrfr 2023. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE Y, Fa) A BY Be Balcer, CP APPROVED AS TO FORM AND CORRECT ESS: BY County Attorney PDS Order 2023-056 PDMn-2305000014 Page 7 EXHIBIT "A"' LOCATION MAP Sunset Beach Orange Ave ; PUD f_il / `` [Subject parcel Virginia Ave , N�` t 1‘\1/ 0 G i- O N 01 P Q m Mk Y G. 0 0) n = m D A N \ ... Co) Midway Rd 7- , O it PDS Order 2023-056 PDMn-2305000014 Page 8