HomeMy WebLinkAbout24-132 RESOLUTION NO. 2024-132
File No.: MNSP-2305-000068
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, GRANTING A MAJOR SITE PLAN FOR
A FIVE LOT SINGLE-FAMILY DEVELOPMENT IN THE HIRD
(HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT
FOR A +/-3.88-ACRE PROPERTY LOCATED IN ST. LUCIE COUNTY,
FLORIDA
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. The applicant, Dennis Murphy, of Culpepper & Terpening, Inc., on behalf of the owner,
Joseph Caragol, has petitioned a Major Site Plan that proposes a five (5) lot single-family
subdivision at 5140 N Highway Al A, upon a +/-3.88-acre project site is located on the east
side of SR Al A, approximately one-tenth of a mile south of the Avalon State Park, within
the HIRD(Hutchinson Island Residential District)Zoning District and RH, Residential High
Future Land Use. The property legally described in Paragraph "A" and depicted on the
attached survey as Exhibit "A."
2. On July 16, 2024, this Board held a public meeting on this petition.
3. On, October 4, 2022, the Board of County Commissioners held a public hearing on the
petition, after publishing a notice in the St. Lucie News Tribune at least 10 days prior to
the hearing, installing a sign on the property and notifying by mail all owners of property
within 500 feet of the subject property.
4. The Development Review Committee has reviewed the Major Site Plan 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.
5. 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 Sea Loft (AKA Red Tail Hawk Residences) dated July 5, 2024.
6. All reasonable steps have been taken to minimize any adverse effect of the proposed
conditional use on the immediate vicinity through site design, and landscaping screening.
MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5382499 09/05/2024 11:00:28 AM
OR BOOK 5202 PAGE 1906-1914 Doc Type:RESO
RECORDING: $78.00 Resolution No. 2024-132
Page 1
7. The proposed Major Site Plan, with conditions therein, 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.
8. 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.
9. A Concurrency Certificate, a copy which is attached to this Resolution as Exhibit "B" was
approved by the Planning & Development Services Director on July 17, 2024.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Site
Plan is hereby approved as shown on the drawing prepared by Culpepper and Terpening
dated June 28, 2024, for the property described in Part "B" below, subject to the following
conditions:
1) Prior to plat approval, revise the site plan to include the following:
a. Depict the location of the dune crossover proposed to serve the subdivision.
b. Identify and label the 'Secondary Dune Restoration Area' and 'Dune
Preservation/Restoration Area' as the 'Dune Preservation Zone'.
c. Specify a five (5) ft. wide rear setback from the landward limits of the
'Secondary Dune Restoration Area' (combined Dune Preservation Area) to
future development that requires a building permit.
2) Prior to plat recordation, the developer shall provide an executed Conservation
Easement over the Dune Preservation Zone (Coupled Restoration Area), along with
the approved Preserve Area Monitoring and Management Plan (PAMMP), Dune
Restoration Plan, and Sea Turtle Protection Plan, 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's boundaries to St. Lucie County.
3) Prior to issuance of a Vegetation Removal Permit or Exemption, the developer,
successor or assignee shall provide proof of an escrow account or account held in
reserve acceptable to the County Attorney, for the cost of total dune reconstruction
and perpetual dune maintenance per the approved Preserve Area Monitoring and
Management Plan.
4) The applicant is advised that a Coastal Construction Control Line (CCCL) permit
from the Florida Department of Environmental Protection (FDEP) will be required for
future development. St. Lucie County requests a copy (copies) upon issuance.
5) Prior to commencement of development, including, but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the
applicant shall have obtained and provided the Environmental Resources
Department with copies of any required federal and state permits. If federal or state
Resolution No. 2024-132
Page 2
agency compliance requires modification to the development plans, the applicant
will promptly modify the plans and submit to St. Lucie County for review and
approval as required by the Land Development Code. The applicant will not use the
County's development approval to prevent compliance with any federal or state
agency requirements.
6) Prior to commencement of development, including, but not limited to clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, updated
listed species surveys shall be provided per state and/or federal survey protocol.
Should any listed species be found as a result of these surveys, appropriate permits
from state and federal agencies shall be required.
7) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants
shall be eradicated from the site.
8) Property taxes must be paid prior to developmental or plat approval.
9) A 6 FT sidewalk is required along adjacent road Right-of-Ways. If a fee-in-lieu of
sidewalk is not approved by the Board of County Commissioners, construction of
the sidewalk will be required.
10)A Site Development Permit is required prior to performing site improvement
activities. In accordance with the permit and Land Development Regulations, the
applicant shall retain the FOR for site inspections and final certification.
B. The property on which the Major Site Plan is being granted is described as follows:
Legal Description:
Commence at the Intersection of a line lying 3220 feet South of and parallel to the North
line of Section 11, Township 34 South, Range 40 East, St. Lucie County, Florida, with the
East right of way line of State Road A-1-A; thence run Southeasterly along the East right
of way line of State Road A-1-A a distance of 591.43 feet to the point of beginning.
Thence from said point of beginning for a (first course) run N. 75°05'56" E., perpendicular
to said East right of way line of State Road A-1-A, a distance of 259.7 feet more or less to
the mean high water line of the Atlantic Ocean; thence for a (second course) meander
said mean high water line Southeasterly a distance of 605.26 feet, more or less, to an
intersection with a line lying parallel to the South line of Section 11, and 1000 feet North
of the South line of Section 11, said 1000 feet being as measured along the East right of
way line of State Road A-1-A; thence run S 89"21'10" W., parallel to the South line of
Section 11 a distance of 286.56 feet, more or less, to the East right of way line of State
Road A-1-A; thence run N 14"54'04" W., along said East right of way line of State Road
A-1-A, a distance of 534.28 feet, to the point of beginning.
LESS AND EXCEPT:
Commence at the intersection of a line lying 3220 South of and parallel with the North line
of Section 11, Township 34 South, Range 40 East, St. Lucie County, Florida,with the East
right of way line of State Road A-1-A;thence run Southeasterly along the East right of way
line of State Road A-1-A, a distance of 273.43 feet to a point; thence continue
Southeasterly along the East right of way line of State Road A-1-A, with a bearing of S.
14'54'04" E., a distance of 852.28 feet to an intersection with a line lying parallel with the
Resolution No. 2024-132
Page 3
South line of said Section 11 and 1000 feet North of the South line of said Section 11, said
1000 feet being as measured along the East right of way line of State Road A-1-A; thence
run N 89'21'10" E., parallel with the South line of said Section 11, a distance of 44.15 feet
to the point of beginning; from said point of beginning continue N. 89"21'10" E. 242.41
feet, more or less, to the mean high water line of the Atlantic Ocean; thence run N.
18'40'31"W., along said mean high water line, 60.82 feet, more or less, to a point; thence
S. 70'50'54" W. 231.12 feet to the point of beginning.
NOW KNOWN AS:
Commence at the intersection of a line lying 3220 feet South of and parallel to the North
line of Section 11, Township 34 South, Range 40 East, St. Lucie County, Florida, with the
East right of way line of State Road A-1-A; thence run Southeasterly along the East right
of way line of State Road A-1-A a distance of 591.43 feet to the point of beginning.
Thence from said point of beginning for a (first course) run N. 75'05'56" E., perpendicular
to said East right of way line of State Road A-1-A, a distance of 241.86 feet more or less
to the mean high water line of the Atlantic Ocean; thence for a (second course) meander
said mean high water line Southeasterly a distance of 597.65 feet, more or less, to an
intersection with a line lying parallel to the South line of Section 11, and 1000 feet North
of the South line of Section 11, said 1000 feet being as measured along the East right of
way line of State Road A-1-A; thence run S 89'21'10" W., parallel to the South line of
Section 11 a distance of 257.19 feet, more or less, to the East right of way line of State
Road A-1-A; thence run N 14'54'04"W., along said East right of way line of State Road A-
1-A, a distance of 534.28 feet, to the point of beginning.
LESS AND EXCEPT:
Commence at the intersection of a line lying 3220 South of and parallel with the North line
of Section 11, Township 34 South, Range 40 East, St. Lucie County, Florida, with the East
right of way line of State Road A-1-A; thence run Southeasterly along the East right of way
line of State Road A-1-A, with a bearing of S. 14"54'04"E., a distance of 852.28 feet to an
Intersection with a line lying parallel with the South line of said Section 11 and 1000 feet
North of the South line of said Section 11, said 1000 feet being as measured along the
East right of way line of State Road A-1-A; thence run N 89"21'10" E., parallel with the
South line of said Section 11, a distance of 44.15 feet to the point of beginning; from said
point of beginning continue N. 89'21'10" E. 213.04 feet, more or less, to the mean high
water line of the Atlantic Ocean; thence run N. 14'52'52" W., along said mean high water
line, 53.36 feet, more or less, to a point; thence S. 74"50'54" W. 206.50 feet to the point
of beginning.
Site Area: 3.89 acres (more or less)
Address: 5140 N. Highway A1A, Fort Pierce, FL 34947
Parcel ID: 1410-501-0021-020-6
Resolution No. 2024-132
Page 4
C. This Major Site Plan shall expire within twenty-four (24) months of the effective date of
this order unless a building permit is issued, or an extension is granted in accordance
with the provision of Land Development Code Section 11.02.06.
D. The developer is advised as part of this Major 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 "A" are an integral non-severable part of the Site Plan
approval granted by this Resolution. 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 Resolution shall
become null and void.
F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit "C" and made
a part hereof the Resolution, was granted by the Planning & Development
Services Department Director on July 17, 2024.
G. A recorded copy of this Resolution 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 & Development Services Department Director.
H. A copy of this Resolution shall be mailed to the owner and agent of record as identified on
the application.
�• This Resolution shall be recorded in the Public Records.
After the motion and second, the vote on this resolution was as follows:
Cathy Townsend, Chair AYE
Chris Dzadovsky, Vice-chair AYE
Larry Leet, Commissioner AYE
Resolution No. 2024-132
Page 5
Linda Bartz, Commissioner AYE
Jamie Fowler, Commissioner AYE
PASSED AND DULY ADOPTED This 16th day of July 2024.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
A{GoMM
oy
BY
lair
t •
ATTEST: ����e couNr, APPROVED AS TO FORM
AND CO ECTNESS-
Deputy Clerk County Att ne
Resolution No. 2024-132
Page 6
Exhibit "A"
(Boundary Survey)
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Resolution No. 2024-132
Page 7
Exhibit "B"
(Site Plan)
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Resolution No. 2024-132
Page 8
Exhibit "C"
(Concurrency Certificate)
S't L ucie C ouuty
C et-tificateof Capacity
Date 719/2424 Certificate No, C3-:
This document certifies that concurrency will be met and that adequate public fac ili
capacity exists to maintain the standards for levels of service as adopred in'he S-
Lucie County Comprehensive Plan for
1.Type of development '_.Lj cr Sir�1aa
Number of units 5 N u tuber of squ a re feet
2.Property legal descrip4on & Tax ID no,
1410-501-0021-020-6
5140 N_H Qhwav AlA.Fart?i erce.FL 3494"
S as La t R.esidmms Sea Lc:t(ti h:se}
3.Approval: Buildinn Resolution No. Letter.-
4. Subject to the following conditions for concurrency,
FDO I?Tnittins, twojc nt act=_ss drive-arm•ayz.
Owner's name
Jc6ephCarz_-cl- South Omhi6 isLami LLC
Address
14514th Avaim e.S to 8
V pro Beach FL 32 560
&. Certificate Expiration Date ?16"C26
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel,and is subject tothe same terms, conditions and expiration date listed herein.
The expiration dame can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the sa me. property, use and size as described herein.
Signed Date:7:9 20124
Planning and Developmem Services Director
St Lucie Counr,, Florida
Resolution No. 2024-132
Page 9