HomeMy WebLinkAbout03-091
. &:fHJ ~: ~ i'Il"le. JOANNE HOLMAN, CLERK OF THE CIRCUIT p~g~R~7 68 SAINT LUCIE COUNH
01110 ' File Number: 22~1977 .~R BOOK 1786 ,-oJ
~'" :lY1munnlili'tl ,l\bfRecorded: 08/29/0':' 08. ,-9
" NIt1r")!.1~rc~~s RESOLUTION 03-091
\.lbIIC\\t;(K."J FILENO.: RZ-03-016&PUD-03-008
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A RESOLUTION GRANTING A MAJOR
ADJUSTMENT TO THE OCEAN OASIS
PRELIMINARY PUD REDUCING THE NUMBER OF
APPROVED RESIDENTIAL UNITS FROM 111
UNITS TO 91 UNITS; GRANTING A CHANGE IN
NAME FROM OCEAN OASIS TO WATERSONG ;
GRANTING A CHANGE IN ZONING FOR CERTAIN
PROPERTY IN ST. LUCIE COUNTY, FLORIDA AND
FOR PRELIMINARY DEVELOPMENT PLAN
APPROVAL FOR A PROJECT KNOWN AS
WATERSONG
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:
MAJOR ADJUSTMENT TO AN APPROVED PUD
1.
On November 24, 1992, this Board through Resolution 92-238 approved the
Preliminary Development Plan for the project known as Ocean PUD (f/k/a The Villages
of South Hutchinson Island), a proposed 101 unit, Planned Unit, on property located
on the east side of South A-I-A, approximately 3-miles south of the St. Lucie County
Nuclear Power Plant.
2.
On December 14, 1993, this Board, through Resolution 93-254, granted the first
extension to the Preliminary Planned Unit Development approval, to the proposed
project.
3.
On June 21, 1994, this Board, through Resolution 94-082, granted the second
extension to the Preliminary Planned Unit Development approval, to the proposed
project.
4.
On March 7, 1995, this Board, through Resolution 95-063, approved the petition of
James P. Brown, on behalf of Jon H. Berkey, as Trustee, for Partial Final Planned Unit
Development approval for the project to be known as Ocean PUD (f/k/a The Villages of
South Hutchinson Island) in the PUD Zoning District.
5.
On December 27, 1999, the Community Development Director issued an
administrative approval granting a minor adjustment to the approved Planned Unit
Development Plan for the Ocean Oasis Site (f/k/a Ocean PUD) Plan.
File No,: RZ-03-016 & PUD-03-008
August 19, 2003
Pt-,~aq
Resolution 03-091
Page 1
OR BOOK 1786 PAGE 2369
1 6. On April 16, 2002, this Board granted approval to a 12 month extension for this project,
2 with said Site Plan Extension establishing a new expiration date of December 27,
3 2002.
4
5 7. On March 3, 2003, this Board granted approval for a final 12-month extension for this
6 project with said Site Plan Extension establishing a new expiration date of December
7 27, 2003.
8
9 8. Ginn-LA. St. Lucie. Ltd.. LLLP. has presented a petition for a Change in Zoning from
10 the HIRD (Hutchinson Island Residential District) zoning district and PUD (Planned
11 Unit Development) zoning district to the PUD (Planned Unit Development - Watersong)
12 zoning district for certain property in St. Lucie County, Florida, the purpose of which is
13 to receive revised Preliminary and Final Development Plan for the 91-unit residential
14 project known as Watersong PUD (f/k/a Ocean Oasis PUD).
15
16 9. On July 17, 2003, the Planning and Zoning Commission recommended that this
17 petition be forwarded to the Board of County Commissioners with a recommendation
18 that revised Preliminary and Final Development Plan for the project known as
19 Watersong be approved at the zoning on the property described in Part E below be
20 changed from the HIRD (Hutchinson Island Residential District) zoning district and
21 PUD (Planned Unit Development) zoning district to PUD (Planned Unit Development -
22 Watersong) zoning district, after publishing a notice of such hearing in the Ft. Pierce
23 Tribune and Port St. Lucie News and notifying by main all owners of property within
24 500 feet of the subject property.
25
26 10. On August 19, 2003, this Board, through Resolution 03-091, approved the petition of
27 Ginn-LA, St. Lucie, Ltd., LLLP, for Preliminary and Final Development Plan for the
28 project known as Watersong (f/k/a Ocean Oasis PUD) on the property described in
29 Part E below, after publishing a notice of such hearing in the Ft. Pierce Tribune and
30 Port St. Lucie News and notifying by mail all owners of property within 500 feet of the
31 subject property.
32
33 11. The proposed revised Preliminary and Final Development Plan for the project known
34 as Watersong (f/k/a Ocean Oasis PUD) is consistent with the existing approved
35 Preliminary Planned Unit Development Site Plan for the Ocean Oasis PUD.
36
37 12. The Development Review Committee has reviewed the site plan for this proposed
38 revised Preliminary and Final Development Plan for the project known as Watersong
39 (f/k/a Ocean Oasis PUD) and found it to meet all minimum technical requirements.
40
41 13. The proposed revised Preliminary and Final Development Plan for the project known
42 as Watersong (f/k/a Ocean Oasis PUD) is consistent with the general purpose, goals,
43 objectives and standards of the St. Lucie County Land Development Code, the St.
44 Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County.
45
46 14. The proposed revised Preliminary and Final Development Plan for the project known
47 as Watersong (f/k/a Ocean Oasis PUD) will not have an undue adverse effect on
48 adjacent property, the character of the neighborhood, traffic conditions, parking, utility
49 facilities or other matters affecting the public health, safety and general welfare.
File No.: RZ-03-016 & PUD-03-008
August 19,2003
Resolution 03-091
Page 2
DR BOOK 1786 PAGE 2370
1
2 15. All reasonable steps have been taken to minimize any adverse effect of the revised
3 Preliminary and Final Development Plan for the project known as Watersong (f/k/a
4 Ocean Oasis PUD) on the immediate vicinity through building design, site design,
5 landscaping and screening.
6
7 16. The revised Preliminary and Final Development Plan for the project known as
8 Watersong (f/k/a Ocean Oasis PUD) will be constructed, arranged and operated so as
9 not to interfere with the development and use of neighboring property, in accordance
10 with applicable district regulations.
11
12 17. The revised Preliminary and Final Development Plan for the project known as
13 Watersong (f/k/a Ocean Oasis PUD) will be served by adequate public facilities and
14 services.
15
16 18. The applicant has demonstrated that water supply; evacuation facilities and
17 emergency access are satisfactory to provide adequate fire protection.
18
19 19. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted
20 by the Community Development Director on August 19, 2003.
21
22
23 CHANGE IN ZONING
24
25 20. Ginn-LA. St. Lucie. Ltd.. LLLP. presented a petition for a Change in Zoning from the
26 HIRD (Hutchinson Island Residential District) zoning district and PUD (Planned Unit
27 Development) zoning district to the PUD (Planned Unit Development - Watersong)
28 zoning district for certain property in St. Lucie County, Florida, the purpose of which is
29 to receive Preliminary PUD (Planned Unit Development) approval for a 91-unit
30 residential development parcel to be known as Watersong.
31
32 21. On November 24, 1992, this Board through Resolution 92-238 approved the
33 Preliminary Development Plan for the project known as Ocean PUD (f/k/a The Villages
34 of South Hutchinson Island), a proposed 101 unit, Planned Unit, on property located
35 on the east side of South A-I-A, approximately 3-miles south of the St. Lucie County
36 Nuclear Power Plant.
37
38 22. On December 14, 1993, this Board, through Resolution 93-254, granted the first
39 extension to the Preliminary Planned Unit Development approval, to the proposed
40 project.
41
42 23. On June 21, 1994, this Board, through Resolution 94-082, granted the second
43 extension to the Preliminary Planned Unit Development approval, to the proposed
44 project.
45
46 24. On March 7, 1995, this Board, through Resolution 95-063, approved the petition of
47 James P. Brown, on behalf of Jon H. Berkey, as Trustee, for Partial Final Planned Unit
48 Development approval for the project to be known as Ocean PUD (f/k/a The Villages of
49 South Hutchinson Island) in the PUD Zoning District.
File No,: RZ-03-016 & PUD-03-00B
August19,2003
Resolution 03-091
Page 3
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DR BOOK 1786 PAGE 2371
25. On December 27, 1999, the Community Development Director issued an
administrative approval granting a minor adjustment to the approved Planned Unit
Development Plan for the Ocean Oasis Site (f/I</a Ocean PUD) Plan.
26. On April 16, 2002, this Board granted approval to a 12 month extension for this project,
with said Site Plan Extension establishing a new expiration date of December 27,
2002.
27. On March 3, 2003, this Board granted approval for a final 12-month extension for this
project with said Site Plan Extension establishing a new expiration date of December
27, 2003.
28. On July 17, 2003, the Planning and Zoning Commission recommended that this
petition be forwarded to the Board of County Commissioners with a recommendation
that the revised Preliminary and Final Development Plan for the project known as
Watersong be approved at the zoning on the property described in Part E below be
changed from the HIRD (Hutchinson Island Residential District) zoning district and
PUD (Planned Unit Development) zoning district to PUD (Planned Unit Development -
Watersong) zoning district, after publishing a notice of such hearing in the Ft. Pierce
Tribune and Port St. Lucie News and notifying by main all owners of property within
500 feet of the subject property.
29. On August 19, 2003, this Board held a public hearing on the petition of Ginn-LA, St.
Lucie, Ltd., LLLP, after publishing a notice of such hearing in the Tribune and the Port
St. Lucie News and notifying by mail all property owners within 500 feet of the property
boundaries.
30. The proposed zoning change is consistent with the St. Lucie County Comprehensive
Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County
Land Development Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
MAJOR ADJUSTMENT TO A PLANNED UNIT DEVELOPMENT
A. Pursuant to the Requirements of Section 11.02.05 of the St. Lucie County Land
Development Code, the revised Preliminary and Final Development Plan for the
project known as Watersong (f/I</a Ocean Oasis PUD) is hereby approved as shown
on the site plan drawings prepared by Culpepper & Terpening, Inc., dated 4-11-03 and
last revised on 5-5-03 and date stamped received by the St. Lucie County Community
Development Director on 6-9-03; subject to the following conditions:
1. The maximum development density for this project is 91 units, and said shall be
developed as single family detached dwelling units.
File No,: RZ-03-016 & PUD-03-008
August 19,2003
Resolution 03-091
Page 4
OR BOOK 1786 PAGE 2372
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2. Prior to the issuance of any building permits, or final plat authorizations, the
developers of this project shall provide to the County a schedule on how and
when the indicated eight (8) foot wide recreation path along the east side of SR
A-1-A will be provided for. The development of this recreation path shall be in
manner and form consistent with the development plans for the Indian River
Lagoon Trace Recreation Trail project developed by St. Lucie County, the
terminal points of which shall be the north side of the Middle Cove Beach
Access property and the southern limits of any alterations being made, or
previously made to SR A-1-A associated with this project. That portion of the
recreation trail that lies within the aforementioned limits shall be completed prior
to the issuance of the 10th Certificate of Occupancy for any residential unit
within this development, or August 19, 2004, whichever occurs first.
3. In order to secure a continued right to develop the remaining recorded lots
within this subdivision, the developer shall by December 27, 2003, have
completed, bonded or otherwise posted adequate security in a manner and form
acceptable to St. Lucie County for all of the required infrastructure
improvements. Once the required infrastructure is completed, the development
of these lots may proceed in accord with the approved site plan, subject to local
building code standards in effect at the time of any actual building permit being
issued on a specific lot or parcel.
4. As part of the final recording of all plats for this development, the power pole
that has been erected in the middle of the northern project entry drive shall be
relocated out of the project driveway. St. Lucie County shall not be responsible
for any of the costs associated with the relocation of this power pole.
5. Prior to the issuance of any building permits for any structures within this
project, the developers of this project shall submit to St. Lucie County copies of
all revised, homeowner's documents effecting this development and replacing
those previously filed for the Gloucester Town Homeowners Association, Inc.
6. Prior to the issuance of any building permits for any residential units within this
development site, the developer shall have completed, or contracted for the
completion, of all required mitigation activities associated with or in favor of the
St. Lucie County Mosquito Control District, including but not limited to, the
installation of the remaining flushing culvert at the south end of this project
connecting the east and west side of SR A-1-A.
7. Prior to the issuance of any building permits for any structures within this
project, the developers shall be required to removal all exotic vegetation that
has encroached into the site.
B.
The specific revised Preliminary and Final Development Plans for the project known as
Watersong (f/k/a Ocean Oasis PUD) authorized through this Resolution are as
follows:
1. Decrease the total number of approved units from 111 to 91;
2. Change the name of the project from Ocean Oasis to Watersong; and,
3. Decrease the overall density of the project from 3.9 du/acre to 3.2 du/acre.
File No,: RZ-03-016 & PUD-03-008
August19,2003
Resolution 03-091
Page 5
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DR BOOK 1786 PAGE 2373
C.
The property effected by this revised Preliminary and Final Development Plan is
described in Part E below.
D.
The revised Preliminary and Final Development Plan for the project known as
Watersong (f/kla Ocean Oasis PUD) approval granted under this resolution is
specifically conditioned to the requirement that the petitioner, Ginn-LA, St. Lucie Ltd.,
LLLP, including any successors in interest, shall obtain all necessary development
permits and construction authorizations from the appropriate State and Federal
regulatory authorities, including but not limited to: The United States Army Corp of
Engineers, the Florida Department of Environmental Protection, and the South Florida
Water Management District.
CHANGE IN ZONING
E.
The property on which the change in zoning from HIRD (Hutchinson Island Residential
District) and PUD (Planned Unit Development to PUD (Planned Unit Development -
Watersong) is being granted is described as follows:
That portion of the following described property lying east of a 100 foot wide right-
of-way for State Road A-1-A.
The north 3000 feet of Government Lots 1,2,3 and 4, of Section 32, Township 35
South, Range 41 East, St. Lucie County, Florida, the same being a strip of land 300
feet measured from North to South extending Southerly from the North line of
Section 32, bounded on the North by the North boundary of said Section 32 and on
the East by the waters of the Atlantic Ocean and on the West by the Indian River,
the South line of said tract being bounded by a line parallel with and 3000 feet
South of the North boundary line of said Section 32.
Less and excepting the North 400 feet thereof.
Containing: 28.32 Acres More Or Less.
Location:
4900 South Ocean Drive (on the east side of State Road A-1-A,
approximately 3 miles north of the FP&L Nuclear Power Plant)
F.
The approvals and authorizations granted by this Resolution for the purpose of
obtaining building permits on this property, shall expire on August 19, 2004, unless the
developer has obtained a Building Permit approval for the site plan/subdivision
described in Part C or an extension has been granted in accordance with Section
11.06.06(B)(3), St. Lucie County Land Development Code. Unless otherwise
addressed through the projects final construction plans, all primary infrastructure work
for this subdivision plat shall be completed no later than August 19, 2005. The
completion of the primary infrastructure and the recording of all final record plats
associated with this development on or before the scheduled date of expiration shall
serve as a final vested right determination for the purpose of obtaining building permits
within this development after August 19, 2004, or any other lawfully granted extension
to that expiration date, provide that the request for building permit is consistent with the
approved site plans for this project.
File No,: RZ-03-016 & PUD-03-008
August 19, 2003
Resolution 03-091
Page 6
OR BOOK 1786 PAGE 2374
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G. The revised approval for the Preliminary and Final Development Plan for the project
known as Watersong (f/kla Ocean Oasis PUD) granted under this Resolution is
specifically conditioned to the requirement that the petitioner, Ginn-LA, St. Lucie Ltd.,
LLLP, including any successors in interest, shall obtain all necessary development
permits and construction authorizations form the appropriate State and Federal
regulatory authorities, including but not limited to; the United Stated Army Corp of
Engineers, the Florida Department of Environmental Protection, and the South Florida
Water Management District, prior to the issuance of any local building permits of
authorizations to commence development activities on the property described in Part
E.
H. A copy of this Resolution shall be attached to the site plan drawings described in Part
F, which plan shall be placed on file with the St. Lucie County Community
Development Director.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes AYE
Vice-Chairman Paula Lewis AYE
Commissioner John Bruhn AYE
Commissioner Paula Lewis AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED this 19th day of August 2003.
BOARD OF COUNTY COMMISSIONERS,
ST. LUCIE COUNTY, FLORIDA"
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H:\projects\Watersong\ Agenda\Resolution03-091.doc
File No,: RZ-03-016 & PUD-03-008
August 19,2003
Resolution 03-091
Page 7
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OR BOOK 1786 PAGE 2375
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CERTIFICATE OF CAPACITY
File No,: RZ-03-016 & PUD-03-008
August 19, 2003
Resolution 03-091
Page 8
OR BOOK 1786 PAGE 2376
St Lucie County
Certificate of Capacity
Date 8/21/2003 Certificate No. 1236
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. Type of development Planned Unit Development
Number of units 91
Number of square feet
2. Property legal description & Tax ID no.
2532-211-0004-000/6, 2532-211-0010-000/1; 2532-211-0040-000/0; all of 2532-600
4900 Ocean Drive
Watersong PUD
Watersong
3. Approval: Building
Resolution No. R-03-091
Letter 8/21/03
4. Subject to the following conditions for concurrency:
The construction of a 91 single-family residential development
Owner's name
Island Development Group
Address
40700 N. Woodward Ave., Ste, A
Bloomfield Hills MI 48304
6. Certificate Expiration Date 8/19/2005
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 under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
develop der(s) issued f r the same property, use and size as described herein.
Signed ~
Date: 8/21/2003
Co unity Development irector
St Lucie County, Florida
Thursday, August 21,2003 Page 1 of 1
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2 OR BOOK 1786 PAGE 2377
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6 LOCA TION MAPS
7 AND
8 SITE PLAN
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File No,: RZ-03-016 & PUD-03-008
August 19, 2003
Resolution 03-091
Page 10
A Petition of Watersong for a Rezoning from HIRD (Hutchinson Island Residential
District) and PUD (Planned Unit Development) to PUD to construct a 91 unit
residential subdivision.
RZ 03-016
PUD 03-008
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