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Home My WebLink About26-029MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5669744 09/16/2026 04:42:05 PM OR BOOK 5531 PAGE 2156 - 2162 Doc Type: ORD RECORDING: $61.00 PDS ORDER 2026-029 File No. MJSP-2408-000132 AN ORDER GRANTING APPROVAL OF A MINOR SITE PLAN CONSISTING OF 8 RESIDENTIAL UNITS FOR A PROJECT TO BE KNOWN AS THE VILLAS BY THE SEA ON A +/- 1.78 ACRE PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS. the St. Lucie County Planning and Development Services Director has reviewed the application for a Minor Site Plan submitted by George Missimer, of Cotleur & Hearing, LLC., on behalf of PA Construction, LLC., evaluated the comments of the St. Lucie County Development Review Committee on this application and has made the following determinations: 1. George Missimer, of Cotleur & Hearing, LLC., submitted a Major Site Plan application on behalf of Alexander Podshibaev of PA Construction, LLC. on August 23, 2024. Since the initial submittal, the scope of the project has decreased, and it is now being processed as a Minor Site Plan. The applicant seeks to develop eight (8) condominiums, as well as a mail kiosk, a boardwalk to the beach, and associated landscaping. The site is located on North Highway A1A on North Hutchinson Island, approximately 0.5 miles north of the Shorewinds Drive and N. A1A intersection, within the HIRD (Hutchinson Island Residential District) Zoning District, as legally described in Part "B" and depicted on the attached site plan as Exhibit "A". 2. The St. Lucie County Development Review Committee has reviewed the proposed Minor Site Plan and found it to meet the technical requirements of the St. Lucie County Land Development Code, Comprehensive Plan, and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review.. subject to the conditions set forth in Part "A" of this Order. 3. Planning staff has performed a detailed analysis of the project and found 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 memorandum titled Villas by the Sea - Minor Site Plan (MJSP-2408-000132), dated August 19, 2026. 4. 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. 5. 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. 6. 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. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Minor Page 1 PDS No. 2026-029 File No.: MJSP-2408-000132 Site Plan to be known as Villas by the Sea is hereby approved as shown on the site plan drawings, prepared by Cotleur & Hearing, LLC, last revised July 20, 2026, attached as Exhibit "A", subject to the following conditions. - 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 developer shall provide an executed Conservation Easement over the Dune Preservation 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. 2. 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 a Coastal Construction Control Line (CCCL) permit from the Florida Department of Environmental Protection (FDEP). 3. 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 agency compliance requires modification to the development plans, the applicant shall 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. 4. 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. 5. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. 6. 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. 7. Prior to issuance of the first Certificate of Occupancy, the applicant shall install "No Parking" signage along the internal drive aisle, as approved by St. Lucie County, to prohibit parking along the internal drive aisle and maintain safe vehicular access and circulation. 8. If an application for a sign is submitted to the St. Lucie County Building Division, the sign shall require review and approval by the Planning & Zoning Division for compliance with the LDC Section 9.01.01.(C.) Permitted Permanent Signs and design features. 9. All onsite lighting shall comply with the standards and precautions outlined within the approved Sea Turtle Protection Plan. Page 2 PDS No. 2026-029 File No.: MJSP-2408-000132 10. All garages must be maintained to a level that allows for a vehicle to be parked inside. At no point may the residents use the garage for storage or repurpose it in such a way that vehicles cannot be stored appropriately. This condition shall be integrated into the contracts and restrictive covenants affiliated with occupancy of the condominiums. 11. In accordance with the Florida Department of Transportation, a southbound left turn lane must be installed on North Highway A1A for entry to the subject site, via resurfacing or restriping of the road, prior to issuance of a Certificate of Occupancy. 12. Within ninety (90) days of Site Plan approval, the applicant shall submit an updated Site Plan reflecting the correct building height of sixty-three (63) feet, consistent with the approved architectural elevations and building plans. 13. Within ninety (90) days of Site Plan approval, the applicant shall submit an updated Site Plan labeling the driveway parking spaces attached to units 7 and 8 as compact parking spaces. 14. Within ninety (90) days of Site Plan approval, the applicant shall submit an updated Site Plan labeling the site acreage as 1.78 acres and shall revise the legal description to match the approved survey. 15. Prior to issuance of a Site Development Permit, the applicant shall provide a recorded Unity of Title or Parcel Combination for all properties comprising the development site. B. The property on which this Minor Site Plan is being granted is described as follows: LEGAL DESCRIPTION: BEING LOTS 6 AND 7, BLOCK B, NORTH BEACH UNIT NO. 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 50, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING IN SECTION 25 TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. CONTAINING 77,378 SQUARE FEET OR 1.78 ACRES, MORE OR LESS. Parcel I.D. No(s).: 1425-601-0007-000-2 & 1425-601-0008-000-9 C. The approvals granted by this administrative order shall expire twenty-four (24) months from the effective date, unless a Building Permit is obtained or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The developer, including any successors in interest, is advised as part of this Minor Site Plan approval for Villas by the Sea, all applicable development permits and construction authorizations shall be obtained from the appropriate State, Local, and Federal regulatory agencies including, but not limited to, the Federal Aviation Administration, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and 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 "B". Issuance of this approval by the County Page 3 PDS No. 2026-029 File No.: MJSP-2408-000132 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. A copy of this Order shall be attached to the site plan drawings described in Part "A", which 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. F. 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 granted by this order shall become null and void. G. The Site Plan, attached as Exhibit "A", shall be valid for the same period as this order. H. The Certificate of Capacity, attached as Exhibit "C", shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part "A" above, all such appeals must be filed in writing with the County Administrator within thirty (30) days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. 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. J. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the day of �^`''' h 2026. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE7L,, F BY Benja alcer, AIC , Planning & Development Services Director APPROVED AS TO FORM AND CORRECTNESS: BY ff"/ County Attorney Page 4 PDS No. 2026-029 File No.: MJSP-2408-000132 EXHIBIT "A" (Approved Site Plan) C= Page 5 PDS No. 2026-029 File No.: MJSP-2408-000132 C= EXHIBIT "B" (Enlarged Snapshot of Approved Site Plan) W r � I n I � 0 / A a N y V viz 3 v rn LI N G _ V I N O N O� LI I r N I Vl y I o ^. Ln t N N I N V r V V V I I Page 6 PDS No. 2026-029 File No.: MJSP-2408-000132 EXHIBIT "C" (Certificate of Capacity) St Lucie Cousin' Certificate of Capacity Date 9 '_C X26 Certificate No. 340 This document certifies that concurrency will 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. TVDeof development NUS-P-24CS-OCC132 Number of units S Number of square feet 2. Property legal description & Tax ID no. 142-6C1-0007-OCC-2 1142*;-6C1-CCCS-OCG9 orth Hizh-w av a 1 a on \ orth Hutchinson Bland Villas by the S ea Villas by t1w Sea Minor Site -Plan 3. Approval: Buildina Resolution No. PDS 26-C29 Letter 4. S ubject to the follow ng conditions for cone urrency: Listed in -PDS Order 2026-029 Owner's name -P.a Com ttu c tion LL C . &- Al ev=der -Pod shibae :• Address Castle Harbcr Isle Fort La::di dale FL 333CS 6. Certificate Expiration Date 9'10.02S Thi s Certificate of Ca pac ity is transferable only to subsequent owners of the same parcel. and is subjectto the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate. or for subsequent develop merrt s) is forthe same property, use and size as described herein. Signed _ Date:91O_026 Planning and Development Services Director St Lucie County. F lodda Page 7 PDS No. 2026-029 File No.: MJSP-2408-000132