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Home My WebLink About25-109 RESOLUTION NO. 2025-109 File Number: PDMN-2502-000023 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A MAJOR ADJUSTMENT TO THE DIAMOND SHORES (FKA SUNSET BEACH) PUD (PLANNED UNIT DEVELOPMENT) TO MODIFY CONDITIONS OF APPROVAL RELATED TO EMERGENCY ACCESS AND AMENITY CENTER CONSTRUCTION TIMING, FOR CERTAIN 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: SITE PLAN ADJUSTMENT 1. WBC Collections LP presented a petition for a Major Adjustment to Final Planned Unit Development (PUD) Site Plan consisting of 43 single family residential lots with a recreational (swimming pool) amenity on approximately 38.8 acres, as depicted on the attached map as Exhibit "A" and described in Part "A" below. The Adjustment proposed modification to two conditions of approval relating to emergency cross-access and amenity center construction timing. The project is within the PUD (Planned Unit Development) Zoning District, containing forty-three (43) single-family lots. The Adjustment would allow the reduction of the required emergency access connections to one (1), from two (2), and to utilize the Land Development Code's phasing criteria for the amenity center which requires completion of or surety for the pool and cabana amenity prior to issuance of permits for more than 40% of the proposed homes, seventeen (17). 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. May 6. 2025 Resolution No. 2025-109 4 Page 1 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT File No.: PDMN 2502 000023 SAINT LUCIE COUNTY FILE# 5504007 07/1412025 03.19. PM RESO OR BOOK 5339 PAGE 2092-2100 D Type RECORDING $78.00 a: I 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 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. On November 18, 2024, the Planning and Development Services Director approved a Minor Adjustment to the PUD Site Plan through PDS Order No. 2024-078 to increase the clubhouse/cabana area from 400 sq. ft. to 1,192 sq. ft. 13. The St. Lucie County Development Review Committee has reviewed the Major Adjustment to Final PUD Site Plan for Sunset Beach PUD and found it to meet all technical requirements, subject to the conditions set forth in Part B of this May 6, 2025 Resolution No. 2025-109 Page 2 File No.: PDMN-2502-000023 Resolution and determined that the Major Adjustment to Final PUD Site Plan is in substantial conformity with the previous approved Preliminary PUD Site Plan. 14 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. 15. 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. 16. 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. 17 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. 18. The proposed project will be served by Fort Pierce Utilities Authority water and I St. Lucie County Utilities wastewater. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The property on which the Major Adjustment to Final PUD Site Plan is being granted is described as follows: Sunset Beach Subdivision, as recorded in Plat Book 110, Page 15 Parcel ID Number: 2529-600-0008-000-8 (Recreation Tract), et. al. B. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Major Adjustment to Final PUD Site Plan known as Diamond Shores AKA Sunset Beach PUD is hereby approved, subject to the following revised conditions: 1) Prior to the issuance of the first certificate of occupancy, the property owner shall coordinate the alignment and connection of at least one 1 of the two fQ the 26-foot-wide stabilized emergency access driveways as depicted on the site plan drawings with the property owners to the north or and south and enter into a cross -access agreement with the corresponding bets-ad-jas property owner(s). 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 May 6, 2025 Resolution No. 2025-109 Page 3 File No.: PDMN-2502-000023 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. Gommc)n _amen4tyd restr s. b. All off-street parking spaces; c. The monument (project identification) sign located at the entrance. In accordance Willi LDC Section 7.01.03 L. 2. a. the common recreational amenity swimmin Pool/deck) and restrooms shall be completed or adequate security posted prior to the issuance of buildin or mobile home permits of more than forty percent ( to%). 4) All single-family residential structures shall have sprinklers, In accordance with the Florida Fire Prevention Code. 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 District and Public Works will make periodic inspections of these facilities to ensure compliance with this condition. 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. doting membership in the master asseGiation by arnY party holding title V `T��T9�TrfGTrfpG7�TT y to any pertion of the subjeGt propeFty, and assessrn8lRt of all members of the master soni +inn for the noct of Maintaining all common areas vvr�tcrvTT-Tvrcrr � (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, May 6, 2025 Resolution No. 2025-109 Page 4 File No.: PDMN-2502-000023 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 is being pursued) (Not Completed) 61 F=RgiReeFiRg ■ approval. (Site Development Permit Approved). y Prior to issuanGe of a VegetatiORRemoval PeFMit OF EXeMptiOR,'fin-- - ._ OR Plan and Sea TuFtle . en Plan .. ) with an attaG affidavot and GashieF's GheGk (payable to the Clerk ef the Court fGF FeGGFdmng fees) shapefile or ■ file of the GORservation easement beundari- - .. .. the R- DepartmeRt website (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 May 6, 2025 Resolution No. 2025-109 Page 5 File No.: PDMN-2502-000023 zone designation for this property. d McGh ni r» fnr perpetual fiRanniol re noncihility of the PFeperty Owners' sS0Gr+,FBn fnr ft re dune and Tlye Ft 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)AII 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 site plan. 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 subject property, whichever occurs first, the access agreement/easement 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. May 6, 2025 Resolution No. 2025-109 Page 6 File No.: PDMN-2502-000023 19)PF40F tO isswanGe of a Vegetation Removal PeFMit OF ExemptiOR, plaR depiGting foundational plantings in aGGOFdanGe with ■ LDG 7.09.04.13the - - ternpoFaFy sales trailer and its aSSGGiated- (Completed) 20)Prior to issuance of a Certificate of Occupancy all Category I listed invasive plants shall be eradicated from the site. 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. 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. 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. C. The approvals and authorizations granted by this Resolution shall remain valid for the term of the active PUD Approval. 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 Resource and the St. Lucie County Building Division 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. May 6, 2025 Resolution No. 2025-109 Page 7 File No.: PDMN-2502-000023 E. The conditions set forth in Part B are an integral non -severable part of the site plan approval granted by this Resolution. If any condition set forth in Part B 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 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 and Development Services Department Director. G. ADOPTION After motion and second, the vote on this resolution was as follows: Jamie Fowler, Chair AYE Larry Leet, Vice Chair AYE James Clasby, Commissioner AYE Erin Lowry, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 6th day of May, 2025. ATTEST emu. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: May 6, 2025 Resolution No. 2025-109 Page 8 File No.: PDMN-2502-000023 EXHIBIT "A" LOCATION MAP �ubject parcel � r rw I ' i r � s 0 au v May 6, 2025 Resolution No. 2025-109 Page 9 File No.: PDMN-2502-000023