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HomeMy WebLinkAboutPDS Order 18-0471 1 PDS ORDER 18-047 2 FILE NO.: SPMj-220185278 3 4 5 AN ORDER GRANTING APPROVAL OF A MINOR SITE PLAN FOR 6 THE PROJECT KNOWN AS CRISTELLE CAY (FKA OCEAN 7 PALMS) CONDOMINIUM 8 9 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the 10 request for a Major Adjustment for the Minor Site Plan and reviewed the comments of the 11 Development Review Committee and has made the following determinations: 12 13 1. ODI, LLC requested a Major Adjustment to the Ocean Palms Condominium Minor Site 14 Plan, in order to increase the quantity of dwelling units and associated parking within the 15 approved residential multi -family development, consisting of two (2) buildings, from fifteen 16 (15) to twenty-one (21) units to further be known as Cristelle Cay Condominiums. The 17 subject 2.97 acres is located on the east side of State Road North A-1-A on North 18 Hutchinson Island. The Future Land Use is RH (Residential, High — 15 du/ac) and the 19 zoning district is HIRD (Hutchinson Island Residential District). 20 21 '2. On February 15, 2006, the St. Lucie County Planning and Development Services Director, 22 through GM06-010, granted Minor Site Plan approval for the project known as Ocean 23 Palms, for property described in Part A. 24 25 3. On February 15, 2008, the Planning and Development Services Director, through GM08- 26 001, granted a 12-month extension of the Minor Site Plan in accordance with Section 27 11.02.06(B), for a period of 12 additional months from its date of scheduled expiration, 28 February 15, 2008, with the new date of expiration being February 15, 2009. 29 30 4. On December 30, 2008, the Building Official of St. Lucie County in accordance with the 31 Florida Statutes Community Renewal Act authorized building permitto be extended for two 32 years and was scheduled to expire on December 21, 2011. 33 34 5. The site plan approval was further extended by the Building Official of St. Lucie County in 35 accordance with Florida Statutes Senate Bill 1752 extending building permits 0611-0047 36 and 0611-0049 for two years and was scheduled to expire on December 31, 2013. 37 ' . 38 6. On April 15, 2014, the Planning and Development Services Director through PDS Order 39 14-021 in accordance with adopted Ordinance 2013-43 amending the text of the Land 40 Development Code to allow a two year administrative extension of approved site plans 41 granted an extension and provided a new date of expiration of December 31, 2015. 42 43 7. On June 5, 2015, the Planning and Development Services Director, through PDS Order 44 15-013, granted approval of a minor adjustment to the Minor Site Plan to accommodate a 45 temporary sales and construction trailer on the subject site. 46 47 8. On June 11, 2015, development permits were issued for construction of the previously 48 approved fifteen (15) unit condominium complex. A sales and construction trailer was 49 placed on the premises, which currently remains. File No. SPMj-220185278 PDS 18-047 � a 0 0 U W a ~ S� 0 O W N^ �Z� =Z 00¢o 1- 0 0o� Nn.. WN.-Ur Ili 0;: Y Z =J:$0X W� 00 z m o3�om Page 1 of 5 1 9. The Development Review Committee has reviewed the major adjustment to the approved 2 Minor Site Plan pursuant to the Land Development Code (LDC), Sections 11:02.03(A) & 3 (E) and Section 11.02.07, finding it to meet technical requirements and be consistent with 4 the general purpose, goals, objectives, and standards of the St. Lucie County 5 Comprehensive Plan. 6 7 10. Planning staff has performed a detailed analysis of the project and found it to be 8 consistent with the St. Lucie County Land Development Code and Comprehensive Plan. 9 The analysis is found in the Planning and Development Services memorandum titled 10 Cristelle Cay (SPMj-220185278), dated August 2, 2018. 11 12 11. The project will not have an undue adverse effect on adjacent property, the character of 13 the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the 14 public health, safety, and general welfare. 15 16 12. All reasonable steps have been taken to minimize any adverse effect of the proposed 17 project on the immediate surroundings through building design, site design, landscaping 18 and screening. 19 20 NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. 21 Lucie County, Florida: 22 23 A. Pursuant to Sections 11.02.03(A) & (E) of the St. Lucie County Land Development Code, 24 the Major Adjustment to Minor Site Plan is hereby approved as shown on the drawing, 25 attached as Exhibit A, prepared by Knight, McGuire & Associates, Inc. dated June 20, 26 2018 and date stamped by the Planning & Development Services Department on June 21, 27 2018, subject to the following conditions: 28 29 Planning & Development Services Department — Planning Division 30 I Prior to the issuance of a Building Permit for the project, the applicant shall provide 31 documentation of authorization and/or a Revocable License Agreement with the Florida 32 Department of Transportation (FDOT) for the placement of required landscaping within 33 their right-of-way. 34 35 %20 The provided handicap spaces shall be provided with an unencumbered aisle to 36 appropriate entrances, from the provided parking spaces. 37 38 Prior to the issuance of a Building Permit for the project, the applicant shall incorporate a 39 sidewalk along the western property line, or provide payment in -lieu of construction, in 40 accordance with LDC Section 7.05.04 A. 4. h. If the fees are not used to design, acquire 41 needed right-of-way or construct sidewalks within ten (10) years from the date of payment, 42 the developer may request a refund. 43 44 4. The applicant shall integrate traffic control visibility and caution devices such as mirrors, 45 signs, and striping adjacent to and within the first -floor parking areas to support pedestrian 46 safety. 47 48 St. Lucie County Erosion District 49 5. Prior to issuance of a building permit, the Preserve Area Monitoring and Management Plan 50 shall identify and delineate an Emergency Beach and Dune Maintenance and Restoration 51 Access as required. File No. SPMj-220185278 PDS 18-047 Page 2 of 5 1 2 "Prior to issuance of a building permit, the Emergency Beach and Dune Maintenance and 3 Restoration Access is demonstrated within the Site, Environmental, Paving, Grading and 4 Drainage, and Landscape Plans as a required element. 5 6 prior to issuance of a building permit, the Landscape Plan shall be revised to remove any 7 non -herbaceous, woody plants from within the 20' Emergency Beach and Dune 8 Maintenance and Restoration Access.. 9 10 8 rior to the issuance of a building permit, the following language will be included in the 11 revised PAMMP; This PAMMP also recognizes a dedicated 20' wide beach and dune 12 access area across the site as depicted in Figure ? to be maintained by the HOA for future 13 necessary beach and dune maintenance and/or restoration. This 20' access path shall be 14 planted in herbaceous native plant material only and maintained with herbaceous non- 15 woody native plants in perpetuity. 16 17 Environmental Resources Department 18 9. Prior to the issuance of a Vegetation Removal Permit for the project, the developer shall 19 provide a Preserve Area Monitoring and Maintenance Plan reflecting changes in the site 20 plan. [Comprehensive Plan Policy 6.1.8.10]. This plan shall include a dune revegetation 21 plan, a schedule of maintenance and monitoring events, and who is responsible for the 22 maintenance of the Dune Preservation Zone [Land Development Code 6.02.015]. 23 24 10. Prior to the issuance of a Vegetation Removal Permit the developer shall provide ERD 25 with a License Agreement indicating the ability to install landscaping within the Florida 26 Department of Transportation (FDOT) ROW. 27 28 11. Prior to the issuance of a Certificate of Occupancy, all seaward and shore -perpendicular 29 facing windows and doors shall be fitted with tinted glass or film with a visible light 30 transmittance value of forty-five (45) percent or less. A registered Florida architect or 31 engineer shall conduct a nighttime survey with all of the beachfront lighting turned on and 32 provide a report of the inspection to the Environmental Resources Department as outlined 33 in the approved Sea Turtle Protection Plan. If any violations of the sea turtle lighting code 34 are identified a Certificate of Occupancy shall not be issued until all violations have been 35 corrected. 36 37 12. Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their 38 successor or assigns, shall conduct a pre -construction meeting with construction 39 personnel and Environmental Resources Department staff, to verify vegetation and 40 'preserve area protection measures have been installed. 41 42 13. Prior to the issuance of a Certificate of Occupancy, informational sea turtle signage shall 43 be installed on the dune crossover. 44 45 14. Prior to issuance of a Certificate of Occupancy for the first building permit, all invasive 46 vegetation shall be removed from the site [Land Development Code Section 7.09.05]. 47 48 15. Prior to issuance of a Vegetation Removal Permit, the applicant shall provide a 49 mechanism for perpetual financial responsibility for future dune maintenance. File No. SPMj-220185278 PDS 18-047 Page 3 of 5 —�.:,�-�- 1 2 16. The applicant acknowledges this property is located within the CBRA zone designation. 3 4 17. The issuance of County development permit does not in any way create any rights on the 5 part of the applicant to obtain a permit from a state or federal agency and does not create 6 any liability on the part of the County if the applicant fails to obtain requisite approvals or 7 fulfill the obligations imposed by a state or federal agency or undertakes actions that result 8 in a violation of state or federal law. 9 10 18. All other applicable state or federal permits must be obtained before commencement of 11 the development. 12 13 Public Works Department - Engineering Division 14 15 19. The proposed trees along the property frontage shall be installed with a root barrier 16 system to protect the adjacent exfiltration trench(es). 17 18 20. The two-way drive aisles abutting ninety (90) degree parking spaces shall be amended to 19 reflect a width of twenty-six (26) feet, exclusive of all curbing. The applicant may transition 20 the Miami curb or shift the abutting parking stalls two (2) feet to the east in order to meet 21 this dimensional requirement. 22 23 B. The property on which this Major Adjustment to a Minor Site Plan approval is being 24 granted is described as follows: 25 26 The South 150 feet of the North'/2 and the North 50 feet of the South'/z of Section 27 14, Township 34 South, Range 40 East, lying East of State Road A-1-A; and the 28 South 200 feet of the North 250 feet of the South '/2 of Section 14, Township 34 29 South, Range 40 East, lying East of State Road A-1-A, said lands situate, lying and 30 being in St. Lucie County, Florida. 31 32 Also described as: 33 34 The South 150 feet of Government Lot 1 and the North 50 feet of Government Lot 2 35 and the South 200 feet of the North 250 feet of Government Lot 2, all lying East of 36 State Road A-1-A and lying in Section 14, Township 34 South, Range 40 East, said 37 lands situate, lying and being in St. Lucie County, Florida. 38 39 Subject to a conservation easement recorded in ORB 2558 Page 2025, public 40 records of St. Lucie County, Florida. 41 42 Parcel ID#s: 1414-310-0001-000/3 & 1414-230-0009-000/4 43 44 Location: East side of North SR A-1-A, approximately 1/4 miles south of the 45 Breakers Condominiums on North Hutchinson Island. 46 47 C. This Minor Site Plan shall expire on August 0 , 2020 building permits are issued or an 48 extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie 49 I County Land Development Code. 50 File No. SPMj-220185278 PDS 18-047 Page 4 of 5 5 f i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 D. The developer is advised as part of this Minor Site Plan, including any successors in interest, the developer 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, and South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part B. 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. 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 Planning and Development Services Director and mailed to the developer and agent of record as identified on the site plan applications. F. The Certificate of Capacity, attached as Exhibit B, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. G. A copy of this Major Adjustment shall be placed on file with the St. Lucie County Planning and Development Services Director. H. This Order shall be recorded in the Public Records of St. Lucie County. 00% ORDER effective the '� day of August, 2018. File No. SPMj-220185278 PLANNING AND DEVELOPMENT SERVICES ST. LUCI COUN 1, FLORIDA BY lkf�'� --/ Le'glie Olson, -AP, Director APPROVED AS TO FORM AND CORRECTNESS County PDS 18-047 Page 5 of 5