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HomeMy WebLinkAbout03-226 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 46 CffiV {o '. CJ>b '-rr m-t13 fi~l, ilk RESOLUTION 03-226 FILE NO.: RZ-03-013 & PUO-G3-010 A RESOLUTION GRANTING A CHANGE IN ZONING FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA AND FOR FINAL DEVELOPMENT PLAN APPROVAL FOR A PROJECT KNOWN AS PARCEL 11 @ THE RESERVE, WILLOW PINES EAST. 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: CHANGE IN ZONING 1. Reserve Homes Ltd., L.P., presented a petition for a Change in Zoning from AR- 1 (Agricultural, Residential - 1 du/acre) to PUD (Planned Unit Development) or certain property in St. Lucie County, Florida, the purpose of which is to receive Final Planned Unit Development approval for a 24-unit duplex residential development at the Reserve. 2. On July 10, 1984, this Board approved the application of Callaway Land and Cattle Company, through Resolution 84-101, for Preliminary Planned Unit Development site plan approval for a portion of the Reserve, a development of Regional Impact, known as PUD #1 @ the Reserve. 3. On August 21, 1984, this Board approved the application of Callaway Land and Cattle Company, through Resolution 84-129, for Final Planned Unit Development approval for a portion of the Reserve, a Development of Regional Impact, known as PUD #1 @ the Reserve. 4. PUD #1 @ the Reserve was approved for a total of 796 residential units, an 18-hole golf course and a three-hole practice golf course on a total of 439 acres. 5. On December 20, 1988, this Board approved Resolution 88-357 granting approval to the Application for Development Approval (ADA) for the Development of Regional Impact (DRI) known as the Reserve. 6. The Reserve DRI is approved as amended through Resolution 98-100, for a total of 4,100 dwelling units; 1,600,000 square feet of industrial development; 290,000 square feet of commercial development; 100,000 square feet of office space and 250 hotel/motel rooms. 7. In April 1998, Callaway Land and Cattle Company conveyed ownership of portion of the remaining undeveloped areas of PUD #1 @ the Reserve, and the unassigned File No.: RZ-03-013 and PUD-03-010 October 7, 2003 ;1/ttJi, 's{f)G(:- Resolution 03-226 Page 1 ::D " c....j co b-' C) (') I--' :r> o ([) :;-,,:: ci:z:~ CD ~: a3X .. cr C:J f-I. co r" 0" 3: "'-.. .. :t> r...) :z: r..,) .~ ,r..,) or..,) 0 L.J'.Dr" r..,) IT1 W;l:J o U'I 7': wO .. C:J L.la" U'I :::D -., tt.1 ::r:: a 1'1'1 a :::><::C'''J b-l f-I. ;l:1 we,,:,) r,,) C= 0'" b-l -I "1:J D("~) CiJO 1'1'1 c: ;0 -", 0'" L.J I 0'. CfJ :C' 1-.... ::z:: -., r" c: o 1-.1 IT1 ("7) C:J ~ .-< 1 residential units within the Development of Regional Impact known as the Reserve to 2 Reserve Homes, Ltd., L.P. 3 4 8. On July 20, 1999, this Board approved Resolution 99-143 granting approval for a 5 Major Adjustment to the approved Preliminary Planned Unit Development site plan for 6 the area known as PUD #1 @ the Reserve, which redistributed the remaining 7 unallocated residential units in the Reserve. The overall residential density for PUD #1 8 @ the Reserve is now 600 units. 9 10 9. On October 7, 2003, this Board held a public hearing on the petition of Reserve 11 Homes Ltd., L.P., after publishing a notice of such hearing in the Tribune and the 12 Port St. Lucie News and notifying by mail all property owners within the Reserve 13 Development. 14 15 10. The proposed zoning change is consistent with the St. Lucie County 16 Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of 17 the St. Lucie County Land Development Code. 18 19 20 SITE PLAN 21 22 11. Reserve Homes Ltd., L.P., presented a petition for a Final Planned Unit Development 23 approval for a 24-unit multi-family residential development known as Parcel 11 at the 24 Reserve (a/k/a Willow Pines East). 25 26 12. On July 10, 1984, this Board approved the application of Callaway Land and Cattle 27 Company, through Resolution 84-101, for Preliminary Planned Unit Development site 28 plan approval for a portion of the Reserve, a development of Regional Impact, known 29 as PUD #1 @ the Reserve. 30 31 13. On August 21, 1984, this Board approved the application of Callaway Land and Cattle 32 Company, through Resolution 84-129, for Final Planned Unit Development approval 33 for a portion of the Reserve, a Development of Regional Impact, known as PUD #1 @ 34 the Reserve. 35 36 14. PUD #1 @ the Reserve was approved for a total of 796 residential units, an 18-hole 37 golf course and a three-hole practice golf course on a total of 439 acres. 38 39 15. On December 20, 1988, this Board approved Resolution 88-357 granting approval to 40 the Application for Development Approval (ADA) for the Development of Regional 41 Impact (DRI) known as the Reserve. 42 43 16. The Reserve DRI is approved as amended through Resolution 98-100, for a total of 44 4,100 dwelling units; 1,600,000 square feet of industrial development; 290,000 square 45 feet of commercial development; 100,000 square feet of office space and 250 46 hotel/motel rooms. 47 48 17. In April 1998, Callaway Land and Cattle Company conveyed ownership of portion of 49 the remaining undeveloped areas of PUD #1 @ the Reserve, and the unassigned File No.: RZ-03-013 and PUD-03-010 October 7, 2003 Resolution 03-226 Page 2 a :::D r.J:I a a :::><:: f-I. W r0 0'. "1:J D CiJ 1'1'1 Cl' L.J -.:] 1 2 3 4 18. 5 6 7 8 9 10 19. 11 12 13 14 20. 15 16 17 18 19 21. 20 21 22 23 24 25 22. 26 27 28 29 30 23. 31 32 33 34 24. 35 36 37 38 25. 39 40 41 42 26. 43 44 45 46 27. 47 48 28. 49 residential units within the Development of Regional Impact known as the Reserve to Reserve Homes, Ltd., L.P. On July 20, 1999, this Board approved Resolution 99-143 granting approval for a Major Adjustment to the approved Preliminary Planned Unit Development site plan for the area known as PUD #1 @ the Reserve, which redistributed the remaining unallocated residential units in the Reserve. The overall residential density for PUD 1 is not 600 units. The petitioner, Reserve Homes Ltd., L. P., is now seeking Final Planned Unit Development site plan approval for a portion of the area within PUD #1 at the Reserve, known as Parcel 11 @ the Reserve (alk/a Willow Pines East). On October 7, 2003, this Board held a public hearing on the petition of Reserve Homes Ltd., L.P., for Final Planned Unit Development approval for Parcel 11 @ the Reserve (a/kla Willow Pines East) after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within the Reserve Development. The Development Review Committee has reviewed the Final Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part E of this Resolution. The Development Review Committee has reviewed the Final Planned Unit Development site plan for the proposed project and found it to be consistent with the Preliminary Planned Unit Development plans for the area known as PUD #1 @ the Reserve, subject to the conditions set forth in Part E of this Resolution. a :::D t:J:I a a :::><:: 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. f-I. CD r,,) Cl' "1:J D CiJ 1'1'1 Cl' L.j W 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. 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. 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. The proposed project will be served by adequate public facilities and services. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire protection. File No.: RZ-03-013 and PUD-03-010 October 7, 2003 Resolution 03-226/ Page 3 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 46 47 48 49 50 51 52 53 54 55 56 29. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Community Development Director on October 7, 2003. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: CHANGE IN ZONING A. The property on which the change in zoning from AR-1 (Agricultural, Residential - 1 du/acre) to PUD (Planned Unit Development) is being granted is described as follows: DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTH BY LEGENDS DRIVE, A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, STREET MAINTENANCE AND UTILITIES, RECORDED IN OFFICIAL RECORDS BOOK 482, PAGES 2368 THRU 2371, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY; BOUNDED ON THE EAST BY THE WESTERLY LINE OF THE PLAT OF PARCEL 15- A AT THE RESERVE, RECORDED IN PLAT BOOK 28, PAGES 18 AND 18A, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY; BOUNDED ON THE SOUTH AND SOUTHEAST BY REVISED GOLF COURSE TRACT GC-1, RECORDED IN OFFICIAL RECORDS BOOK 993, PAGES 381 THRU 388, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY; AND BOUNDED ON THE WEST BY THAT PARCEL OF LAND DESCRIBED BY WARRANY DEED, RECORDED IN OFFFICIAL RECORDS BOOK 679, PAGES 1343 THRU 1346, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY. ALSO DESCRIBED AS FOLLOWS: C) ::D r.J:I C) o :::><:: f-I. CD r,,) u..... "1:J D en 1'1'1 0"" L.J .,a COMMENCE AT THE NORTHWEST CORNER OF SAID PLAT OF PARCEL 15-A AT THE RESERVE; THENCE TRAVERSING THE WESTERLY LINE OF SAID PLAT BY THE FOLLOWING THREE (3) COURSES; 1. SOUTH 00054'37" WEST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; 2. CONTINUE SOUTH 00054'37" WEST, A DISTANCE OF 191.70 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 558.80 FEET; 3. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 24017'39", AN ARC DISTANCE OF 236.94 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A LINE, SAID LINE BEING THE BOUNDARY OF SAID REVISED GOLF COURSE TRACT GC-1 (THE RADIUS POINT OF SAID CURVE BEARS NORTH 66036'57" EAST FROM THIS POINT); THENCE TRAVERSING SAID BOUNDARY BY THE FOLLOWING TWO (2) COURSES; 4. SOUTH 48004'43" WEST ALONG SAID LINE, A DISTANCE OF 125.37 FEET; 5. NORTH 50058'23" WEST, A DISTANCE OF 626.49 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL OF LAND DESCRIBED BY WARRANTY DEED, RECORDED IN OFFICIAL RECORDS BOOK 679, PAGES 1343 THRU 1346; THENCE TRAVERSING SAID PARCEL OF LAND DESCRIBED BY WARRANTY DEED BY THE FOLLOWING TWO (2) COURSES: 1. NORTH 47013'05" EAST, A DISTANCE OF 60.22 FEET; File No.: RZ-03-013 and PUD-03-01 0 October 7,2003 Resolution 03-226 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 B. 20 21 22 23 24 25 C. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 2. NORTH 26029'43" EAST, A DISTANCE OF 141.98 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 709.13 FEET, SAID CURVE BEING THE SOUTHERLY LINE OF SAID LEGENDS DRIVE (THE RADIUS POINT OF SAID CURVE BEARS NORTH 22026'51" EAST FROM THIS POINT); THENCE TRAVERSING SAID SOUTHERLY LINE BY THE FOLLOWING TWO (2) COURSES: 1. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 21032'30", AN ARC DISTANCE OF 266.61 FEET TO A POINT OF TANGENCY WITH A LINE; 2. SOUTH 89005'23" EAST ALONG SAID LINE, A DISTANCE OF 170,12 FEET TO THE POINT OF BEGINNING. CONTAINING 4.111 ACRES, MORE OR LESS. (Location: South side of Legends Drive, approximately 665 feet west of Laurel Place) A copy of this Resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the St. Lucie County Community Development Director. SITE PLAN Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Final Site Plan for the project to be known as Parcel 11 @ the Reserve. Willow Pines East, be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by Thomas Lucido & Associates on February 9, 2003, last revised on July 18, 2003, and date stamped received by the St. Lucie County Community Development Director on September 22, 2003, subject to the following conditions: C) :::D t:J:I CJ o :::><:: 1. All development activities in this parcel are subject to the applicable requirements of the final development order for the Reserve, a Development of Regional Impact, last revised through Resolution No. 98- 100, and as may be amended in the future. f-I. CD r0 0'. "1:J :I> en 1'1'1 Cl' .p.. o 2. Prior to the issuance of the final Certificate of Occupancy (CO) all tree mitigation calculations shall be determined and satisfied, and are subject to the approval of the County's Environmental Resources Division. 3. Prior to issuance of a land-clearing permit, the developer shall clearly delineate all areas to be preserved and shall institute applicable safeguards to ensure the health and viability of the protected trees. These safeguards shall be in accordance with the requirements set forth in the land-clearing permit. 4. Prior to the removal of any vegetation from the construction area for the development, the applicant's representative and county staff shall identify any gopher tortoises located in the proposed construction area and relocate these tortoises to an appropriate upland buffer preserve. File No.: RZ-03-013 and PUD-03-010 October 7,2003 Resolution 03-226 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 D. 23 24 25 E. 26 27 28 29 30 31 32 33 34 F. 35 36 37 38 39 40 41 42 43 44 G. 45 46 47 48 49 5. The applicant shall be required to correct any damages to the existing sidewalk along Commerce Center Drive resulting from improvements to the proposed project site. 6. Prior to the issuance of any building permits for any portion of the site plan described in this part, (Willow Pines East), the developers of this project shall provide, or cause to be provided sufficient security in an amount, manner and form acceptable to St. Lucie County, for the signalization (including any necessary roadway alterations) at the following locations: 1-95/Reserve Boulevard - southbound off-ramp 1-95/Reserve Boulevard - northbound off-ramp (if warranted) 7. Prior to the issuance of any building permits for any portion of the site plan described in this part, (Willow Pines East), the developers of this project shall provide, or cause to be provided to St. Lucie County, a schedule for the widening of the existing bridge over 1-95 (St. Lucie WesVReserve Boulevard) demonstrating how the obligations under Condition number 76 of Resolution 98-100 will be addressed. The property on which this site plan approval is being granted is described in Part A. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on October 7, 2005, unless the developer has obtained a Final Plat 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 October 7, 2005. C) :::D r.J:I o o :::><:: f-I. W r..,) 0'. "1:J D en 1'1'1 Cl' +::-- f-I. The Final Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Reserve Homes Ltd., L.P., 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 A. The conditions set forth in Part C are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section C 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. File No.: RZ-03-013 and PUD-03-010 October 7, 2003 Resolution 03-226 Page 6 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 46 47 48 49 BOARD OF COUNTY COMMISSIONERS; .; ST. LUCIE COUNTY, FL()8IDA '~ ~ \):i" '1~1' ~. :J:t. t' .; f ~ ..,:1't; , , .L,'<.,-i\iC. , {;oj.: ,;~~ .~".-1{ H. A copy of this Resolution shall be attached to the site plan drawings described in Part C, 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 Frannie Hutchinson AYE Commissioner Doug Coward AYE PASSED AND DULY ADOPTED this 7TH day of October 2003. ~~, .. BY ATTEST APPROVED AS TO FORM AND CORRECTNESS / ,_.// Cs H:\projects\Reserve\ParceI11\Agenda\Resolution03226 File No.: RZ-03-013 and PUD-03-010 October 7, 2003 o :::D ttI o C) :::><:: f-I. CD 1'.,) 0'" "1:J D U) 1'1'1 0'. -!:>- r,,) Resolution 03-226 Page 7 f...... -.:;t ....0 W t!J <I: CL. '.0 (".J CO ,....; = C1 o m LX o St Lucie County Certificate of Capacity Date 10/10/2003 Certificate No. 1313 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 Final Planned Unit Development Number of units 24 Number of square feet 2. Property legal description & Tax ID no. 3322-131-0001-000/8 S Legends Dr, app 665 ft w of Laurel PL Willow Pines East Reserve 3. Approval: Building Resolution No. 03-226 Letter 10/1 0/03 4. Subject to the following conditions for concurrency: The construction of a 24-lot multi-family duplex development Owner's name Reserve Homes Ltd., LP Address 1601 Forum Plaza, Ste. 805 West Palm Beach FL 33401 6. Certificate Expiration Date 10/7/2005 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 development order(s) issued for the same property, use and size as described herein. Signed Date: 10/10/2003 Co unity Developme t Director St Lucie County. Florida Friday, October 10, 2003 Page 1 of 1 -.:::t -.:::t -...0 W U) <J: 0... -...0 c..J co rl ::::.::: o o CO Lot:: o Parcel 23 - Maidstone Parcel11 - Willow Pines East PGA Villag&Reserve Parcel20C - Castle Pines, - - Phase III Parcel 31 - Thompson Pointe 5k"" .;C"t.'s ~~ Map prepared September 5, 2003 TNs ~ - - -.- fargor.-pOomng ond --.. ~....,. N _ _ __ _ _10"-" __ond......- _ ..........10 not_ far "'" _ . IogIlIr bIftdIncI -- 1I 1 C Clll!lI$JiI iI t- If!!1 I I e:~"i~ll~ l~ 1:;1 . I 11;:11 I, 'I) 1 D U! i I'; I i I J II. J I f~llt fll i '. I t~f' I f I J t ~ f i Ii Ii f I f i! I If II III1 "i! I I ~ f II h h l I! f ,I I l,llll;1 i II Ii If I ! I,l. I f~ i !ii,: }'JII' i i ii,i jfi! ! t I : Ii" III 11 II I a J ti', f 1I If! j ~ h II III ! j f !! i! f!!!!! !! j ~ ~g '. ~ Q" CD ~ !:-l.:3 ~ .~1) CD lS c: ~I\j~ ! I u::J I -..::t n '.0 J W (.!) <I: a CL . ',0 C'oJ CO r-f ::c::: 0 0 CO 0:::: CJ / II %C')'O"t' t5 bll! UU} Q) 0> ~ ~ :s c: ~ I; qs ~ II , ~ a: c: I (!)S'" ~~ 0 . 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