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HomeMy WebLinkAbout04-095 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 4O 41 42 43 44 45 46 RESOLUTION 04-095 FILE NO.: RZ-03-047 & PUD-O3-030 A RESOLUTION GRANTING A CHANGE IN ZONING FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA AND FOR PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL FOR A PROJECT KNOWN AS LONE PINE. 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 Ocean Four Development Corporation presented a petition for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) to PUD (Planned Unit Development) for certain property in St. Lucie County, Florida, the purpose of which is to receive Preliminary and Final Planned Unit Development approval for an 23-1ot single-family residential development. On July 15, 2004, the Planning and Zoning Commission held a public hearing on the petition of Ocean Four Development Corporation after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within the 500 feet of the property boundaries and recommended denial of petitioner's request. On August 17, 2004, this Board held a public hearing on the petition of Ocean Four Development Corporation after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within the 500 feet of the property boundaries. 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. SITE PLAN Ocean Four Development Corporation presented a petition for a Preliminary and Final Planned Unit Development Plan for a 23-1ot single-family residential project known as Lone Pine. File No.: RZ-03-047 and PUD-03-030 August 17, 2004 Resolution 04-095 Page 1 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 10. 11. 12. 13. 14. On July 15, 2004, the Planning and Zoning Commission held a public hearing on the petition of Ocean Four Development Corporation 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 and recommended that the petition be denied. The petitioner, Ocean Four Development Corporation, is now seeking Preliminary and Final Planned Unit Development for a 23-1ot single-family residential project known as Lone Pine. On August 17, 2004, this Board held a public hearing on the petition of Ocean Four Development Corporation for Preliminary and Final Planned Unit Development approval for Lone Pine after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. The Development Review Committee has reviewed the Preliminary and 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 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. 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 water by the Fort Pierce Utility Authority and sewer through individual septic systems. 15. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire protection. 16. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Interim Growth Management Director on August 17, 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: File No.: RZ-03-047 and PUD-03-030 August 17, 2004 Resolution 04-095 Page 2 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 CHANGE IN ZONING The change in zoning from AR-1 (Agricultural Residential, 1 du/acre) to PUD (Planned Unit Development - Lone Pine) is hereby approved for the following described property: BEING A PARCEL OF LAND LYING OVER A PORTION OF TRACT 'T', "J", "K" & "L" AS SHOWN ON THE PLAT SHOWING THE ADJUSTMENT OF PROPERTY LINES OF MOORE, HOEFLICH, BACHARACH, BRADY & HAMMOND, AS RECORDED IN PLAT BOOK 3, PAGE 64, PUBLIC RECORDS OF ST. LUClE COUNTY, FLORIDA, SAID PARCEL BEING A PORTION OF THE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1306, PAGE 1080, LYING IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 36 SOUTH, RANGE 40 EAST; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 9; PROCEED SOUTH 89 DEGREES 45'09" WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 1317.89 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 00 DEGREES 16'24" EAST, DEPARTING SAID NORTH LINE, AND ALONG SAID WEST LINE, A DISTANCE OF 2,639.34 FEET TO A POINT ON THE SOUTH HAMMOND LINE, AS SHOWN ON SAID PLAT OF ADJUSTMENT OF PROPERTY LINES, SAID POINT LYING 15.30 FEET MORE OR LESS NORTH OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER, OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH 89 DEGREES 41'31" WEST, DEPARTING SAID WEST LINE, AND ALONG SAID SOUTH HAMMOND LINE, AND ALONG THE SOUTH LINE OF THE LANDS DESCRIBED IN SAID OFFICIAL RECORD BOOK 1306, PAGE 1080, A DISTANCE OF 15.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF CITRUS BOULEVARD (A 30 FOOT WIDE RIGHT-OF-WAY AS NOW LAID OUT AND IN USE) AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DEGREES 41'31" WEST, DEPARTING SAID WEST RIGHT-OF-WAY LINE, AND ALONG SAID SOUTH LINES, A DISTANCE OF 1,608.41 FEET; THENCE NORTH 02 DEGREES 12'00" WEST, DEPARTING SAID SOUTH LINES, A DISTANCE OF 443.2 FEET TO A POINT ON THE COMMON BOUNDARY LINE BETWEEN THE LANDS DESCRIBED IN SAID OFFICIAL RECORD BOOK 1306, PAGE 1080, AND THE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 488, PAGE 1599, PUBLIC RECORDS OF SAID COUNTY; THE FOLLOWING THREE COURSES ARE ALONG SAID COMMON BOUNDARY LINE; THENCE SOUTH 89 DEGREES 41'31" EAST, A DISTANCE OF 116.75 FEET; THENCE NORTH 89 DEGREES 35'29" EAST, A DISTANCE OF 698.00 FEET; THENCE NORTH 89 DEGREES 59'59" EAST, A DISTANCE OF 808.50 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE OF CITRUS BOULEVARD; THENCE SOUTH 00 DEGREES 16'24" EAST, DEPARTING SAID COMMON LINES, AND ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 455.92 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 16.70 ACRES, MORE OR LESS. SUBJECT TO: File No.: RZ-03-047 and PUD-03-030 August 17, 2004 Resolution 04-095 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 AN EASEMENT 25 FEET IN WIDTH OVER THE SOUTH 25 FEET OF THE ABOVE DESCRIBED PROPERTY, WHICH EASEMENT WAS CREATED AND IS DESCRIBED IN THAT DEED RECORDED IN O.R. BOOK 1655, PAGE 1793, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Location: West side of Citrus Avenue, approximately 1,100 feet south of Mallard Court (North Fork Estates). Tax ID#: 3409-502-0008-000/1). 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 Interim Growth Management Director. SITE PLAN Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Preliminary and Final Site Plan for the project to be known as Lone Pine, is hereby, approved as shown on the site plan drawings for the project prepared by Thomas Lucido & Associates on November 19, 2003, last revised on May 17, 2004, and date stamped received by the St. Lucie County Interim Growth Management Director on July 22, 2004, subject to the following conditions: Prior to issuance of a building permit for the first residential unit, the developers shall, in a manner acceptable to the St. Lucie County Attorney, dedicate to the County a minimum 15-foot wide strip of land along the entire project frontage along Citrus Avenue. Prior to issuance of a building permit for the first residential unit, the developers shall provide for the creation/establishment of a Conservation Easement over all areas of protected upland/wetland preservation as shown on the project site plan. This conservation easement shall be in favor of St. Lucie County. No alterations of land within these areas may take place without the prior consent of the County and determination by the County that the proposed activity is not in violation of any provision of the County's Comprehensive Plan or development standards of the County's Land Development Code. Prior to issuance of a building permit for the first residential unit, the applicant shall be required to submit to the County a final tree mitigation plan that indicates the location of all trees preserved and relocated and details the number of inches of trees removed. If the mitigation credit does not exceed the tree mitigation criteria, the applicant will be required to provide a means for satisfying the remainder of the tree mitigation criteria, in accordance with the allowable mitigation options outlined in the St. Lucie County Land Development Code. Prior to issuance of a building permit for the first residential unit, the developers shall provide St. Lucie County with a management plan for all File No.: RZ-03-047 and PUD-03-030 August 17, 2004 Resolution 04-095 Page 4 1',..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 areas of protected upland/wetland preservation areas as shown on the project site plan that are to be covered through the creation/establishment of a Conservation Easement over all areas. Upon the developer turning all common areas over to the HOA/POA for the Lone Pine Subdivision, it shall be the responsibility of the HOA/POA to maintain said conservation areas as prescribed within the management plan. The applicant shall be required to submit to St. Lucie County an annual monitoring report demonstrating compliance with the aforementioned conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue until that date, two (2) years after the completion of the development. Prior to the issuance of any Land Clearing Permits for the Lone Pine PUD Site, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be by either the placing of silt fencing, safety fencing or similar type of materials. Flagging shall not be used except to guide the installation of the fencing materials. All land clearing activities shall be in accordance to the specific conditions/standards outlined in the Land Clearing Permit. Upon installation of said fencing and prior to issuance of the Land Clearing Permit, the Environmental Resource Division shall inspect the installed fencing. The driveway locations shall be located in the areas depicted on the site plan. No alterations may be permitted without a modification to the PUD plan being reviewed and approved by the Board of County Commissioners. D. 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 August 17, 2006, unless the developer has obtained a building permit approval for the site plan 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. A condition of the Final Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution specifically requires that the petitioner, Ocean Four Development Corporation, including any successors in interest, 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 or 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 File No.: RZ-03-047 and PUD-03-030 August 17, 2004 Resolution 04-095 Page 5 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 to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. 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 Interim Growth Management Director. After motion and second, the vote on this resolution was as follows: Chairman Paula Lewis AYE Vice-Chairman John Bruhn AYE Commissioner Cliff Barnes NAY Commissioner Frannie Hutchinson AYE Commissioner Doug Coward AYE PASSED AND DULY ADOPTED this 17TM day of August 2004. ATTEST Cs H:\projects\Lone PIneXBCCXAgenda\Resolution04095.doc File No.: RZ-03-047 and PUD-03-030 August 17, 2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA rtl r_T~ APPROVED AS TO FORM AND CORRECTNESS Resolution 04-095 Page 6 4 8 Exhibit A Certificate of Capacity File No.: RZ-03-047 and PUD-03-030 August 17, 2004 Resolution 04-095 Page 7 St Lucie County Certificate of Capacity Date 8/18/2004 Certificate No. 1714 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. Tvpe of development LONE PINE PLANNED UNIT DEVELOPMENT Number of units 23 Number of square feet 2. Property legal description & Tax ID no. 3409-502-0008-000/1 W CITRUS AVE, 1,116 FT. S OF MALLARD CT LONE PINE PUD 3. Approval: Buildin!;I Resolution No. 04-095 Letter 4. Subject to the following conditions for concurrency: 23-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION (AVERAGE LOT 100 FEET IN WIDTH) Owner's name OCEAN FOUR DEVELOPMENT CORPORATION Address 220 NE THIRD ST BOYNTON BEAC FL 33435 6. Certificate Expiration Date 8/17/2006 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 ~~he same property, use and size as described herein. Signed ~ ~ate: 8/18/2004 Growth Management Director St Lucie County, Florida 0~. r,.') o~ Wednesday, August 18, 2004 Page 1 of 2 1 2 3 4 5 6 7 OR BOOK 2063 F'ABE ~8 Exhibit B · Vicinity Maps Site Location Map File No.: RZ-03-047 and PUD-03-030 August 17, 2004 Resolution 04-095 Page 9 / F TIT.Fi J_!_t~ TrTq H-q-I-l- -- _LLLh i= (-- 0~. 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