HomeMy WebLinkAbout24-078 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
•
SAINT LUCIE COUNTY
FILE# 5413767 11/27/2024 09:38:45 AM
OR BOOK 5238 PAGE 2357-2365 Doc Type:ORD
RECORDING: $78.00
PDS ORDER 2024-078
File Number: PDMn-2408000020
AN ORDER GRANTING A MINOR ADJUSTMENT TO THE FINAL
PLANNED UNIT DEVELOPENT SITE PLAN KNOWN AS THE
SUNSET BEACH PUD, AKA DIAMOND SHORES PUD, FOR 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, Richard Ladyko, PE., representing Lloyd S. Moody on behalf of WBC
Collections, L.P., Alan Tarpell, of AJT Construction Consulting, LLC, DIAMOND
SHORES LLC, and Sunset Beach Property Owner's Association Inc., presented a
petition for a Minor Adjustment to the Final Planned Unit Development (PUD) Site Plan
to increase the clubhouse area from 400 sq. ft. to 1,192 sq. ft. on the +/-0.185-acre
Recreational Tract. The overall project consists of 43 single family residential lots on +/-38.8
acres of land located approximately 1,700 feet north of the Middle Cove Beach access, on
the east and west sides of South Ocean Drive (South Hutchinson Island), as depicted on
the attached site plan 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
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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 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, the Final Plat approved by the Board of County Commissioners 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. On August 11. 2023, the Planning and Development Services Director approved a Minor
Adjustment to the PUD Site Plan through PDS Order No. 2023-056 to relocate a temporary
Sales Trailer from Lot #17 to the Recreational Tract, until the model on Lot #16 can be
occupied.
12. 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.
13. 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.
14. 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.
15. All reasonable steps have been taken to minimize any adverse effect of the proposed
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project on the immediate vicinity through building design, site design, landscaping and
screening.
16. 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.
17. 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:
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 August 15, 2024, and date
stamped by the Planning & Development Services Department on August 27, 2024, subject
to all previous conditions of approval applicable to the subject project, which are outlined in
PDS Order 2024-078, the majority of which are carried forward from Resolution No. 2017-
127 and those added for this Adjustment as underlined:
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: (In
Progress)
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.
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Removal of the Temporary Sales Trailer from the Recreation Tract shall occur concurrent with the
(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.
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 thefollowing:
a.
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
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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.
•
. (Site
Development Permit Approved).
Environmental Resources Department
9. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first,
Monitoring and Management Plan (PAMMP), Dune Restoration Plan and Sea Turtle
provide a georeferenced GIS shapefile or CAD file of the conservation easement
and Conservation Easement can be
(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'
(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.
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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 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.
accordance with LDC 7.09.014.B for the relocated temporary sales trailer and its associated
parking area shall be provided. (Completed)
•
•
20.
eradicated from the site. (Completed)
21. 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., a vegetation
removal permit or exemption shall be issued by the Environmental Resources Department per
LDC 6.00.03. (New)
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PDMn-2408000020
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22. 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., an updated 100%
gopher tortoise survey conducted by a state certified gopher tortoise agent will be required
per Florida Fish and Wildlife Conservation Commission (FWC) protocol. These surveys are
only valid for 90 days. (New)
23. The remaining developed areas onsite shall comply with the previously approved landscape
plan associated with the Sunset Beach (fka Diamond Shores) Planned Unit Development.
(New)
B. The property on which the Minor Adjustment to the Final PUD Site Plan is being granted is
described as follows:
Legal Description:
Recreation Tract, according to the Plat of Sunset Beach, as recorded in Plat Book 110, page 15 of
the Public Records of St. Lucie County, Florida.
Said Lands containing 0.185 acres, more or less.
Parcel ID Number: 2529-600-0008-000-8
The overall PUD Site 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. More particularly described as Sunset Beach Plat as
recorded in the Public Records of St. Lucie County, Plat Book 110, Page 15.
Parcel ID Number: 2529-233-0002-000-0, et. al.
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, 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
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PDMn-2408000020
Page 7
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.
'--si-
ORDER effective this / day of Doiv* , 2024.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCI Y�FL-0 A
BY
Be j in Balcer, AICP
APPROVED AS TO FORM
AND CORREp- NESS:
BY
County ttorney
PDS Order 2024-078
PDMn-2408000020
Page 8
EXHIBIT "A"
Site Plan Adjustment
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PDS Order 2024-078
PDMn-2408000020
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