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HomeMy WebLinkAbout04-082 /d Io.^Y to: Ad ffYI Vtf. . {DJ.1b mrß frÀ1 c¡(þ ~tLL 3 4 5 6 7 8 9 10 11 12 13 14 1. 15 16 17 18 19 2. 20 21 22 23 24 25 26 3. 27 28 29 30 31 32 4. 33 34 35 36 37 5. 38 39 40 41 6. 42 43 44 RESOLUTION 04-082 FILE NO: RZ-01-016/RZ-03-030IPUD-03-019 A RESOLUTION GRANTING FINAL PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS PALM BREEZES CLUB - PLANNED UNIT DEVELOPMENT, AND A CHANGE IN ZONING FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: CHANGE IN ZONING Roger Medema presented a petition for a change in zoning from the PUD (Planned Unit Development - Palm Breezes Club MHP) Zoning District to the PUD (Planned Unit Development - Palm Breezes Club) Zoning District for certain property in St. Lucie County, Florida. On November 15, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to this Board that the requested change in zoning from the PUD (Planned Unit Development - Palm Breezes Club MHP) Zoning District to the PUD (Planned Unit Development - Palm Breezes Club) Zoning District be granted. On January 15, 2002, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property and granted preliminary approval for the requested change in zoning from the PUD (Planned Unit Development - Palm Breezes Club MHP) Zoning District to the PUD (Planned Unit Development - Palm Breezes Club) Zoning District. On January 15, 2004, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property and granted a 12-month extension of the preliminary planned unit development approval. On April 20, 2004, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property and granted final planned unit development approval. The proposed change in zoning is consistent with the St. Lucie County Comprehensive Plan and meets the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. File ~~1 iQ16~Zff>3~OæÜD~03-0' April 20, .9 .._III1'H ..,1. '..'. ' JAN 2 5 200j Resolution 04-082 ~~~~NL~c';:2~~N~~ERK OF THE CIRCUIT COURT Page 1 OFILE # 2537069 01/13/2005 at 12'30 PM R BOOK 2137 PAGE 235 ' RECORDING: $95.00 - 245 Doc Type: RESO 1 2 3 7. 4 5 6 7 8 8. 9 10 11 9. 12 13 14 15 16 17 10. 18 19 20 21 22 11. 23 24 25 26 27 12. 28 29 30 31 32 13. 33 34 35 36 14. 37 38 39 40 15. 41 42 43 44 16. 45 46 SITE PLAN The petitioner is proposing the construction of 646 single-family conventionally constructed homes in two phases and one commercial parcel for property located on the north side of Orange Avenue, approximately 1,800 feet east of The Florida Turnpike. Phase I of the project consists of 168 lots. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements. On November 15, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to this Board that Preliminary Development Plan approval for the project to be known as Palm Breezes Club be granted. On January 15, 2002, the St. Lucie County Board of County Commissioners held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and granted Preliminary Development Plan approval for the project to be known as Palm Breezes Club. On January 15, 2004, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property, and granted a 12-month extension of the Preliminary Development Site Plan approval for the property described below. On April 20, 2004, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property, and granted Final Development Site Plan approval for the property described below. 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. File No.: RZ-01-016/RZ-03-030/PUD-03-019 April 20, 2004 Resolution 04-082 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 34 135 36 37 38 39 40 41 42 43 44 45 46 47 17. The proposed project will be served by adequate public facilities and services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Final Site Plan for the project to be known as Palm Breezes Club MHP - - A Planned Unit Development be, and the same is hereby approved as shown on the site plan drawings for the project prepared by Culpepper & Terpening, Inc., dated February 6,2004, and date stamped received by the St. Lucie County Community Development Director on February 18, 2004, for the property described below, subject to the following conditions: 1. Prior to the issuance of any building permits for this project, except those associated with any model or sales center, the developer of Palm Breezes Club shall construct at the project entrance a westbound right turn lane from Orange Avenue into the project entry road. 2. Prior to any final development plan approvals for any portions of the area indicated as Phase II of the project, the developer shall be required to: a. Construct, to County standards and requirements, a dedicated, southbound, left turn lane on North Rock Road at the intersection with Orange Avenue; or, b. Submit to the County, sufficient security, in an amount to be determined by the County, to provide for the design, permitting, and construction of the improvement specified in subparagraph a above. The County may, at its election, use the security to construct the referenced improvement or (ii) to construct improvements to Orange Avenue between the project entrance and Kings Highway as provided in paragraph 5 below; and shall, C. Submit to the County security, in the same manner and amount as determined in accordance with subparagraph b above, for the construction of a northbound left turn lane on Jenkins Road at Orange Avenue, which security shall be expended by the County for improvements to Orange Avenue between the project entrance and Kings Highway as provided in paragraph 5 below. 3. No land clearing or site alteration permits shall be issued until the following items have been addressed or provided for a. Final Planned Unit Development approval has been granted for the area or phase of the project proposed for alteration. File No.: RZ-01-016/RZ-03-030/PUD-03-019 April 20, 2004 Resolution 04-082 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 b. Land clearing or site alteration permits shall only be issued for primary infrastructure areas. General lot clearing is specifically prohibited until a detailed lot line, tree survey, and grading plan is provided. This plan must provide for the preservation and protection of as much of the existing pine flatwood habitat as possible. c. A complete tree mitigation plan consistent with the requirements of the St. Lucie County Land Development Code is provided. 4. Prior to the issuance of any building permits in the commercial portion of the project, a minor adjustment to the planned unit development shall be submitted to and approved by the Growth Management Department. The commercial area shall be limited to a maximum size of 3.5 acres and restricted to the uses described within the CN (Commercial, Neighborhood) Zoning District. Nothing in these conditions shall be interpreted to relieve the developer, his successors or assigns, from meeting any conditional use or other CN Zoning District standards. No development of this phase may proceed until the improvements identified under condition number 5 have been completed. 5. Prior to the issuance of any building permit within the project, the developer shall reach agreement with the County regarding improvements to Orange Avenue between the project entrance and Kings Highway to improve safety and roadway capacity. a. Such agreement shall include the identification of appropriate improvements, the estimated cost of the identified improvements, and the mechanism for funding the identified improvements, including the security to be provided by the developer as set forth in subparagraph 2.b. and c. above. b. Financial participation by the developer in the identified improvements shall be limited to the lesser of: (1) the estimated cost of such improvements, or (2) the sum of (i) the security to be provided as set forth in subparagraph 2.b. and c. above, and (ii) the total cost estimated transportation impact fees upon single-family lots within the project. c. The County agrees to cooperate with the developer in considering whether to establish a municipal services benefit unit or community development district or other form of special taxing or assessment district acceptable to the County, for the project, if required, as a File No.: RZ-01-016/RZ-03-030/PUD-03-019 April 20, 2004 Resolution 04-082 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2. 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 mechanism to accomplish prepayment of transportation impact fees through the issuance of special assessment bonds, and construction of the identified improvements. (1) the total assessment for each benefited parcel (single-family lot), including all issuance expenses and a minimum two years of capitalized interest payments, shall not exceed the transportation impact fee imposed or to be imposed upon a single-family dwelling on such lot. (2) the terms of such financing shall provide for payments of interest only for a period of not less than 10 years, with the principal amount plus applicable interest due at maturity, provided, however, that bonds shall be paid prior to maturity from prepayments made as lots are sold. d. The County and developer shall enter into a transportation impact fee credit agreement respecting the prepayment of such fees. The property on which this Final Planned Unit Development Site Plan approval is granted is described as follows: THE NORTH 1/2 OF THE NORTHEAST 1/4; THE NORTH 1/2 OF THE NORTHWEST 1/4 LYING EAST OF EASTERLY RIGHT-OF-WAY OF FLORIDA SUNSHINE STATE PARKWAY AND THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, EXCEPT THEREFROM THE FOLLOWING: FROM THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 RUN NORTH ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4 42.50 FEET, MORE OR LESS, TO THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER DRAINAGE CANAL NO. 45 FOR POINT OF BEGINNING; THENCE CONTINUE NORTH ALONG SAID WEST LINE A DISTANCE OF 465.00 FEET TO A POINT; THENCE RUN EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4, 793.80 FEET; THENCE RUN SOUTH PARALLEL WITH AFOREMENTIONED WEST LINE 465.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID CANAL NO. 45; THENCE RUN WEST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 793.80 FEET TO THE POINT OF BEGINNING. FURTHER EXCEPTING THE SOUTH 42.50 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, THE NORTH 41.00 FEET OF THE EAST 3/4 OF SAID SECTION 10, THE NORTH 39.50 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE EAST 48.50 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID LANDS. ALL LYING IN SECTION 10, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH: ALL THAT CERTAIN LANDS LYING IN ST. LUCIE COUNTY, FLORIDA; LOCATED IN SECTION 10, TOWNSHIP 35 SOUTH, RANGE 39 EAST; SITUATED AND LYING EASTERLY File No.: RZ-01-016/RZ-03-030/PUD-03-019 April 20, 2004 Resolution 04-082 Page 5 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 OF FLORIDA'S TURNPIKE (STATE ROAD 91) AS PER SUNSHINE STATE PARKWAY RIGHT-OF-WAY MAP STATION 140+00 TO STATION 202+38.70, ST. LUCIE COUNTY, CONTRACT 7.1, SHEET 3 OF 5 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A WOODEN HUB MARKING THE CENTER OF SAID SECTION 10, THENCE NOoo15'41"E ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, A DISTANCE OF 1333.21 FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10; THENCE N89°35'21lOW ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10, A DISTANCE OF 311.05 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, FOR A POINT OF BEGINNING, THENCE CONTINUE N89°35'21lOW ALONG SAID NORTH LINE, A DISTANCE OF 954.07 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF FLORIDA'S TURNPIKE (STATE ROAD 91), THENCE S14°33'OO"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1238.80 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY N89°39'22"E, A DISTANCE OF 15.42 FEET; THENCE NOoo15'17"E, A DISTANCE OF 696.62 FEET; THENCE S89°35'21 liE, A DISTANCE OF 622.06 FEET TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE NOoo15'33"E, ALONG SAID EAST LINE A DISTANCE OF 500.00 FEET TO THE POINT OF BEGINNING. RESERVING ALL RIGHTS OF INGRESS, EGRESS, LIGHT, AIR, AND VIEW BETWEEN THE ABOVE DESCRIBED PARCEL AND FLORIDA'S TURNPIKE (STATE ROAD 91). SAID PARCEL CONTAINS 151.66 ACRES, MORE OR LESS. (Location: North side of Orange Avenue, approximately 1,800 feet east of the Florida Turnpike) C. This Final Planned Unit Development Site Plan approval shall expire on April 20, 2006, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or final plat approval has been granted. D. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on April 20, 2004. E. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Community Development Director. File No.: RZ-01-016/RZ-03-030/PUD-03-019 April 20, 2004 Resolution 04-082 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 After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis Vice-Chairman John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes AYE AYE AYE ABSENT AYE PASSED AND DULY ADOPTED this 20th Day of April 2004. BY ATTEST: hf H:\WORD\Petitions\BCC\FINISHED.04\PBParF .PD\PalmBreezesClubFinaIPD-RES.doc File No.: RZ-01-016/RZ-03-030/PUD-03-019 April 20, 2004 Resolution 04-082 Page 7 1 2 3 4 Exhibit A 5 6 7 Maps 8 9 . General Location Map 10 . Area Subject to the Final Planned 11 Unit Development Approval 12 . 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E« -......... m+-' a..C ........... 0) m E Eg- O)- -00) 0) > ~~ ~ +-' 0)"- O)C 0::) a:-o -0) °c C C om '';:::¡ a.. .-........... +-' 0) a.. 0 «~ ~ POOèj ·Y·.:I'.:I c=c=J CD ~ ~z " ., ~ \ ()~) ,J'¡ }t;'- '\)~ .. ~ "" ~ .~ ~ ~C) ',:¡ r\\ V'\ 0) ,-- o I (V) o o ::J 0... oð o (V) o I (V) o N 0: s __ UJ q- ~~~ 8 i~~ ": Hî ~ .~~; '8. I ~ ~ « ·h 't) äg~ ~ ~~~ '" jE- ~ .~j~ a. L- a. j1't ~1H ~rR . ~ ~ ¡;h en CD ro .g "0 c_ .- Q) c ü "- "- CD ~ ~o.. ~+-' o..Ü CD "~E .c::J I-en 8t Lucie County Certificate of Capacity Date 4/2012004 Certificate No. 1580 . 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 5t Lucie County Comprehensive Plan for: 1. Type of development Final Planned Unit Development Number of units 646 Number of square feet 2. Property legal description & Tax ID no. 2310-210-0000-000/3 N side of Orange Ave, apprx. 1,800 ft e ofFl Plam Breezes Club 3. Approval: Building Resolution No. Res-04-082 Letter 4. Subject to the following conditions for concurrency: . Owner's name Roger Medema Address 3500 West Lantana Road Lantana FL 33462 6. Certificate Expiration Date 4/2012006 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 underlyi development orderissued with this certificate, or for subsequent develo me t orde s) issued for the same property, use and size as described herein. , ,I ì £6. Date: 04/20/2004 ~~ Growth Management Director St Lucie County, Florida