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HomeMy WebLinkAbout26-16 PDS ORDER 2026-16 File Numbers: PD-2512-000061 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL OF THE FINAL PUD (PLANNED UNIT DEVELOPMENT) SITE PLAN FOR A 23 LOT SINGLE- FAMILY SUBDIVISION ON +/-23.11 ACRES LOCATED ON SOUTH OCEAN DRIVE, APPROXIMATELY ONE-HALF MILE SOUTH OF ANACOSTIA PLACE ON SOUTH HUTCHINSON ISLAND, FORT PIERCE. WHEREAS, the St. Lucie County Planning and Development Services Director, evaluated the comments of the St. Lucie County Development Review Committee on the application including but not limited to the staff report, has made the following determinations: 1) Brian O'Connell, Esq., on behalf of AC Laguna LLC. and Richard Ladyko, PE, presented a petition for a Final PUD Site Plan to be known as the Atlantic PUD on 23.11 acres comprised of a twenty-three (23) lot single-family subdivision for the property depicted in the attached map as Exhibit "A" and described in Part "A" below. 2) On April 8, 2025, the Board of County Commissioners approved Resolution 2025-82 which granted an Amendment to the Official Zoning Atlas from PNRD (Planned Non-Residential District) to PUD (Planned Unit Development) with an associated Preliminary PUD Site Plan for a 23-lot single-family subdivision, located at on South Ocean Drive, approximately one-half of a mile south of Anacostia Place, for certain property in St. Lucie County, Florida, as depicted on the attached map as Exhibit "A" and described in Part "A" below. 3) A waiver from Comprehensive Plan Policies 6.1.14.2 and 6.1.14.5 to provide 0.85-acres of direct dredge and fill wetland impacts and to forgo portions of the associated 50-ft. upland buffer required, was authorized via Resolution 2025-82 with consistency demonstrated by the proposed Final Site Plan. 4) The St. Lucie County Development Review Committee (DRC) has reviewed the Final PUD Site Plan for the project and found it to meet all technical requirements and to be generally consistent with the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part "B" of this Order. 5) The proposed project, in adherence with the presented conditions of approval, 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. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5591631 03/06/2026 12:25:31 PM OR BOOK 5440 PAGE 2786-2794 Doc Type:ORD RECORDING: $78.00 6) 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. 7) 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. 8) The proposed project will be served by Fort Pierce Utilities Authority for potable water and St. Lucie County Utilities for wastewater. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning & Development Services Director: A. The property on which the Final PUD Site Plan is being granted is described as follows: Legal Description: Parcel 1 The North 469.42 Feet of Government Lot 2, Section 29, Township 35 South, Range 41 East, St. Lucie County, Florida, together with a non-exclusive easement for Ingress and Egress over the following; From the N.W. corner of Government Lot 2, Section 29, Township 35 South, Range 41 East, run South along the West line of said Government Lot 2, a distance of 469.42 Feet to the Point of Beginning; thence continue South 121 feet to the easterly right-of-way line of State Road A-1- A, thence run Southeasterly along said right-of-way , 122.51 Feet, thence run North 227.81 Feet; thence run West 60.00 Feet to the Point of Beginning. Parcel 2 The South 469.42 Feet of the North 938.84 Feet of Government Lot 2, Section 29, Township 35 South, Range 41 East, St. Lucie County, Florida. Excepting the right- of-way of State Road A-1-A, subject to a non-exclusive easement for Ingress and Egress over the following; From the N.W. corner of Government Lot 2, Section 29, Township 35 South, Range 41 East, run South along the West line of said Government Lot 2, a distance of 469.42 Feet to the Point of Beginning; thence continue South 121 Feet to the Easterly right-of-way of State Road A-1-A; thence run Southeasterly along said right-of-way 122.51 Feet; thence run North 227.81 Feet; thence run 60.00 Feet to the Point of Beginning. Parcel ID Numbers: 2529-231-0002-000-4 and 2529-231-0001-000-7 Page 2 of 9 PDS Order No. 2026-16 File No.: PD-2512-000061 B. Pursuant to Sections 11.02.07 & 11.02.05 of the St. Lucie County Land Development Code, the Final Site Plan for the project known as the Atlantic PUD is hereby approved, for the subject property described in Part "A" above, as shown on the site plan drawings for the project prepared by Richard Ladyko, PE, dated May 10, 2024 with revisions through February 2, 2026, and date stamped received by the St. Lucie County Planning & Development Services Department on February 4, 2026, as attached and incorporated herein Exhibit "C" subject to the following conditions: 1. A Site Development Permit is required prior to performing site improvement activities. 2. The applicant, or successor in interest, shall acknowledge this property is located within the COBRA zone designation via the Plat. 3. Prior to Final Plat recording, a community covenant shall be apparent to maintain the minimum required allocation of parking — including provisions to deter parking in a manner which impedes use of the community's sidewalk. 4. The dune crossover shall remain as a raised/elevated fixture, integrating permanent ropes and bollards shall be offset ten ft. (10') from the dune preservation zone. 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 development plans shall depict and include notes of the lift station design, which shall include the following precautions to prevent contamination of the wetland in the event of a system failure (Comprehensive Plan Policy 6.1.14.2.c): a) The top of wetwell and electrical components will be sited sufficiently above the flood elevation of concern. b) A permanent emergency generator to ensure functionality of the station in the event of a power outage shall be provided. 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 so utility personnel can respond in a timely manner shall be installed. d) Routine maintenance shall be performed to prevent a failure of the lift station. e) A note recognizing this development is within a CBRA Zone. 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, provide an updated boundary survey per LDC 11.02.09.A, including but not limited to, locations of all submerged lands, limits and elevations of any jurisdictional wetlands along with the identification of the agency or agencies claiming jurisdiction. 7. 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, submit an addendum to the updated January 28, 2026 Environmental Impact Report to include the UMAM scores for impacts to the wetland and any updates to the discussion of how wetland mitigation is being satisfied per the state and/or federal agencies. Page 3 of 9 PDS Order No. 2026-16 File No.: PD-2512-000061 8. Within ninety (90) days of site plan approval or prior to --- 11111111111111.,,� commencement of development, including, but not limited to clearing, filling, excavation, grading, or -�a planting of vegetation, as defined in LDC 2.00.00, whichever occurs first, provide a final site plan and ` final landscape plan removing the impacts to the o �L wetland/wetland buffer highlighted in blue. 9. 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 executed Conservation Easement over all unimpacted onsite wetlands and their associated buffers and the coastal dune preservation zone within the parcel boundaries will be placed under conservation easement 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 boundaries to St. Lucie County. 10. 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, provide all appropriate outside agency permits including but not limited to Florida Department of Environmental Protection (FDEP), Army Corps of Engineers (ACOE), etc. 11. 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, provide documentation of wetland mitigation purchase to the Bear Point Mitigation Bank. 12. 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, provide the coastal construction control line (CCCL) permit from Florida Department of Environmental Protection (FDEP) per LDC 6.05.00. 13. 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, listed-species surveys shall be supplied to ERD. 14. 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, to allow for the elevated/raised dune crossover, provide a permit from the appropriate agencies prior to access being established. All development shall comply with the requirements and criteria outlined and LDC 6.02.01.H in order to protect the functions and values of the estuarine and beach-dune shoreline areas. 15. Prior to the issuance of a Certificate of Occupancy, 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 Page 4 of 9 PDS Order No. 2026-16 File No.: PD-2512-000061 are identified, a Certificate of Occupancy shall not be issued until all violations have been corrected. 16. Prior to issuance of a Certificate of Occupancy all Category I listed invasive plant species shall be eradicated from the site. C. The Final PUD Site Plan approval granted by this Order shall expire on February 27, 2028, unless a Building Permit is obtained, a Plat is recorded or an extension is granted in accordance with Section 11.02.06(B)(3) of the Land Development Code. D. The developer is advised as part of this 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 authorization or 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 "B" are an integral non-severable part of the site plan approval granted by this Order. 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 Order shall become null and void. F. A Concurrency Certificate, a copy of which is attached hereto as Exhibit "B" and made a part hereof the Order, was signed by the St. Lucie County Planning & Development Services Department on February 27, 2026 and shall remain valid for the term of this Order or as otherwise provided by Chapter 5 of the St. Lucie County Land Development Code. G. This Order shall become effective upon the date of recording. Should the property owner, developer, or authorized agent or other party with standing wish to appeal the Order or any condition referenced in Part "A" above, all such appeals must be filed in accordance with LDC Section 11.11.00. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. Page 5 of 9 PDS Order No. 2026-16 File No.: PD-2512-000061 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 & Development Services Department Director. I. A copy of this Order shall be mailed to the owner of record as identified on the application. J. This Order shall be recorded in the Public Records of St. Lucie County. The ORDER is effective the 27th day of February 2026. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA Saa a.t,r 3&i?4i2 BY Benjamin Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY r4‘ County Attor Page 6 of 9 PDS Order No. 2026-16 File No.: PD-2512-000061 EXHIBIT "A" LOCATION MAP CPUBI ' CPUB ANACOSTIA'PL HIRD HIRD Atlantic Ocean Indian �2 River � Legend PUD Subject Property PUD CPUB-Conservation Public N PUD-Planned Unit Development HIRD-Hutchinson Island Residential District CPUB /PUD\ A PDS Order 2026-16 Page 7 File No. PD-2512-000061 EXHIBIT "B" CONCURRENCY CERTIFICATE St Lucie Count` C:ertific ate of Capacity Date 2.27 2C26 Certificate N o. 3378 This document certifies that concurrency wil l be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1.Type of development Final i•.Iincr Site.:tan Number of units 23 N umber of square feet 2.Property legal description 8 Tax ID no. 2529-231-00022-000-4 and 2529 231-0001-000-7 1r22001i1e SOUTH OF ANACOSTIA Pt,S.Hutch Tie Atlantic P[JD NA 3.Approval: Building Resolution No.PDS 2026-1 Letter 2'2705 4.Subject to the following conditions for concurrency: Owner's name AC La rcoa.LLC—Brian O'Connell Address 120US Highway 1 Tegveata FL 33469-2711 6.Certificate Expiration Date 2272C2S This Certificate of Capacity is transferable only to subsequent owners of the same parcel,and is subject to the same terms,conditions and expiration date listed herein. The expiration date can be extended only underthe same terns and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s)issued for the sa rre property, use and size as described herein. Signed ''�YL9G%�YLG/L ,5a1C44, Date:2i27i2026 Planning and Development Services Director St Lucie County, Florida PDS Order 2026-16 Page 8 File No. PD-2512-000061 (0 co N O O O N Oi 6- N e UPLAND BUFFER CALCULATIONS I 1�w�• 12 2 iTZ"""e':4,Y7e ,....=..-':.®- rFmul nanSiwSiDS i Ar91111 1 .,AS 064.07000 RI t,''_1'� SITE i N SI WOE OMNI,PUMA � �_ oa vim;W� nT ��PI eIaI a o '(,�\7�' LOCATION MAP I[, \�-_ t, h PM MR DATA e - MANGROVE WETLAND SWA P,�'em '' !W•°wm''•'.e '\, ...- - ......r. ....AA I \ \ E'EAE 1". ''.'""".-" II7ZT:1=4C.STI, \ st. :77.1/47:iii-Y ��. Z� .. Y wuru x IL ,, s . - 00- 0,0" _ .0.311.,A \ z a11.024� .�AGE -. -� $ �,� .-� .��.� iis-.00,0o, ,2%, ARC" ! 24.609 .f.10.676 AC. \ _ M3KG2}V-Y ' �1 MANCROVL WEILAND SNAVP \ , 7^".m'+.^`n'n. \ 'A .......... 01 :3: m.a.r r.<.... \\\ ` ,4\ I, 138.959 S.F. 0.85 ACRES WETLAND IMPACT `, v ~ � ., L - "zs F: -REVISIONS- ,.. „moti -- i' ,. - - 1j( SIgo r. THE ATLANTIC P.U.D. JIdJ`cs w LLC •' .. r •,•�. ... ]Ya24 l._ .,a. P .... FINAL P.U.D.SITE PLAN a) (i) v) al a