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HomeMy WebLinkAbout04-217 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 RESOLUTION 04-217 FILE NO.: PUD-04-011 A RESOLUTION GRANTING PRELIMINARY DEVELOPMENT PLAN APPROVAL FOR A PROJECT KNOWN AS COCONUT COVE. WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: SITE PLAN 1. Coconut Cove. LLC, presented a petition for a Preliminary Planned Unit Development Plan for a 950-unit residential subdivision (110 single-family units, 200 townhouse units and 640 mid-rise condominium units) project known as Coconut Cove. 2. On August 19, 2004, the Planning and Zoning Commission held a public hearing on the petition of Coconut Cove, LLC, after publishing a notice of such hearing in the Tribune and the Port SI. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. 3. The petitioner, Coconut Cove, LLC, is now seeking Preliminary Planned Unit Development for a 950-unit residential project (110 single-family units, 200 townhouse units and 640 mid-rise condominium units) known as Coconut Cove. 4. On October 19, 2004, this Board held a public hearing on the petition of Coconut Cove, for Preliminary Planned Unit Development approval for the project known as Coconut Cove after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. 5. The Development Review Committee has reviewed the Preliminary 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 SI. Lucie County Comprehensive Plan, subject to the conditions set forth in Part E of this Resolution. 6. The proposed project is consistent with the general purpose, goals, objectives and standards of the SI. Lucie County Land Development Code, the SI. Lucie County Comprehensive Plan, and the Code of Ordinances of SI. Lucie County. 7. 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. File No.: RZ-04-012 and PUD-04-011 October 19, 2004 Resolution 04-217 Page 1 ::tIo::!!cnm ~::tIFñ~c o~..~;¡ ::tIo!\,) z g:;J\;(}' ïs: zrv::jS;¡:. G'J.... -oJ~'- .. ~ (j ñi;;ä ¡"'C a 00;· .::þ__ c.. g:ø:¡:c::"'I ~2~n ?l (}í ; ,2:. ;;0 ~- " ~:-:' 0 CXI~ 'TI ~~ :i! m ~ 0 ~ $5 C'> c: ::¡ C'> o c: :I> .... '" m (J o 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 8. 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. 9. 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. 10. The proposed project will be served by adequate public facilities and services. 11. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire protection. 12. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Growth Management Director on August 19, 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, Florida: SITE PLAN A. Pursuant to Section 11.02.05(8) of the St. Lucie County Land Development Code, the Preliminary Planned Unit Development Plan for the project to be known as Coconut Cove, and is hereby, approved as shown on the site plan drawings for the project prepared by Houston Cuozzo Group on April 5, 2004, last revised on July 27, 2004, and date stamped received by the SI. Lucie County Growth Management Department on July 27, 2004, subject to the following conditions: 1. Prior to the issuance of any Land Clearing Permits, for any area west of Old Dixie Highway, the developers shall be required to present plans indicating all areas of impact to the endangered plant species, including but not limited to the Lakela's Mint. The developer shall provide a mitigation/relocation plan and schedule for all impacted areas. 2. Prior to issuance of the first residential building permits, 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 SI. 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 standard of the County's Land Development Code. No improvements, except the two elevated boardwalks/fishing piers and the mulch trail indicated on the site plan, shall be permitted within the Mangrove Wetland Preserve Area. 3. Prior to issuance of the first residential building permits, the developers shall provide SI. Lucie County with a management plan for all areas of File No.: RZ-04-012 and PUD-04-011 October 19, 2004 Resolution 04-217 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 protected upland/wetland preservation areas as shown on the project site plan. The responsibilities and obligations associated with this management plan shall be included in any assignments to subsequent property owner association or similar management entity for the property. 4. Prior to issuance of the first residential building permits, the applicant shall be required to submit to the County a final tree mitigation plan that indicates the location of all trees to be preserved or relocated. This plan shall include all details on the number of inches of trees removed, preserved and relocated. If the onsite mitigation credits do not exceed the tree mitigation criteria, the applicant shall 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 SI. Lucie County Land Development Code. 5. The applicant shall be required to submit to SI. Lucie County an annual monitoring report demonstrating compliance with the above conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue on that date until two (2) years after the completion of the development. 6. Prior to the issuance of any Land Clearing Permits for the Coconut Cove 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 the Environmental Resource Division prior to issuance of the land-clearing permit shall inspect the installed fencing. 7. The developer shall be required to construct a north bound to east bound right turn lane at the secondary/emergency access. In conjunction with all improvements to Old Dixie Highway, including the bridge over Old Dixie Highway, the developer shall be required to construct a 12-foot wide multiuse trail as indicted on the site plan, along the East side of Old Dixie Highway. 8. Prior to issuance of the 651 ,t residential unit (the beginning of Phase III) the signalization of the intersection of Indrio Road and North US Highway One shall be completed. 9. As part of the construction of the project entrance at the intersection of Turnpike Feeder Road and North US Highway One, the developer shall provide at a minimum north-bound right turn lanes, south-bound left turn lane and all necessary signal modifications as may be required by SI. Lucie County and the Florida Department of Transportation. 10. Along internal major streets within the development, final asphalt lifts shall File No.: RZ-04-012 and PUD-04-011 October 19, 2004 Resolution 04-217 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 B. 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 not be completed until 70% or more of the accessing residential units are completed. 11. All primary and secondary street within the Coconut Cove development, including the access to US Highway One shall include sidewalks satisfying all applicable County standards. 12. The proposed boat 1 rv storage area shall be fenced on all four sides by either an opaque wood fence or wall, in conjunction with the indicated 15- foot landscape buffer. The wall or fence must be articulated. 13. Prior to the issuance of the first residential unit, the developer shall have completed the execution of a final utility service agreement with SI. Lucie County, indicating all developer obligations associated with servicing this site. The property on which this site plan approval is being granted is described below. PARCEL 1 ALL THAT PART OF THE NORTH Y, OF THE SOUTHEAST Y. OF THE NORTHEAST V. OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LYING EAST OF THE RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. PARCEL 2 ALL THAT PART OF THE SOUTH Y, OF THE SOUTHEAST V. OF THE NORTHEAST V. OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LYING EAST OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. PARCEL 3 THE SOUTH Y, OF THE NORTHWEST V. AND THAT PART OF THE NORTH Y, OF THE SOUTHWEST V. LYING EAST OF THE RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST. PARCEL 4 THE NORTH Y, OF GOVERNMENT LOT 2 IN SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST. TOGETHER WITH THAT CERTAIN PRIVATE EASEMENT RECORDED IN DEED BOOK 22, PAGE 178, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND THAT CERTAIN PERPETUAL ACCESS EASEMENT RECORDED IN O.R. BOOK 1186, PAGE 506, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: File No.: RZ-04-012 and PUD-04-011 October 19, 2004 Resolution 04-217 Page 4 1 BEING A PART OF THE SOUTHWEST V. OF SECTION 5, TOWNSHIP 34 SOUTH, 2 RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED 3 AS FOLLOWS: 4 5 PARCEL1G 6 7 THE SOUTH Yo OF THE NORTH Yo OF THE SOUTHWEST V. LYING EAST OF THE 8 EAST RIGHT·OF·WAY LINE OF THE FLORIDA EAST COAST RAILROAD OF SAID 9 SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST. 10 11 PARCEL 2G 12 13 THE SOUTH 60.00 FEET OF THE NORTH Yo OF THE SOUTHWEST V. LYING EAST 14 OF THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD OF 15 SAID SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST. 16 17 TOGETHER WITH PERPETUAL, NON-EXCLUSIVE USE OF THAT CERTAIN 18 PRIVATE EASEMENT GRANTED IN DEED BOOK 222, PAGE 178, OF THE PUBLIC 19 RECORDS OF ST. LUCIE COUNTY, FLORIDA. RESERVING UNTO GRANTOR AND 20 INCLUDING GRANTOR'S SUCCESSORS AND ASSIGNS, PERPETUAL USE OF 21 SAID PRIVATE EASEMENT IN COMMON WITH GRANTEE. 22 23 TOGETHER WITH A PERPETUAL, NON·EXCLUSIVE EASEMENT AND RIGHT -OF- 24 WAY ACCESS, INGRESS, AND EGRESS OVER THAT CERTAIN PARCEL OF REAL 25 PROPERTY AS PROVIDED IN THE PERPETUAL ACCESS EASEMENT GRANTED 26 BY KENNEDY GROVES, INC. A FLORIDA CORPORATION IN FAVOR OF FLORIDA 27 INLAND NAVIGATION DISTRICT DATED SEPTEMBER 15, 1998, AND RECORDED 28 IN O.R. BOOK 1174, PAGE 2783, OF THE PUBLIC RECORDS OF ST. LUCIE 29 COUNTY, FLORIDA. 30 31 TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT AND RIGHT-OF- 32 WAY FOR THE PIPELINE AND TRANSMISSION OF DREDGED MATERIALS OVER 33 THAT CERTAIN PARCEL OF REAL PROPERTY AS PROVIDED IN THE PERPETUAL 34 PIPELINE EASEMENT GRANTED BY KENNEDY GROVES, INC. A FLORIDA 35 CORPORATION IN FAVOR OF FLORIDA INLAND NAVIGATION DISTRICT DATED 36 SEPTEMBER 15, 1998, AND RECORDED IN O.R. BOOK 1174, PAGE 2787, OF THE 37 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 38 39 TOGETHER WITH: 40 41 THE NORTH 550 FEET, MEASURED ALONG THE EAST SIDE OF U.S. HIGHWAY 1, 42 AND LYING EAST OF RIGHT-OF-WAY OF SAID HIGHWAY IN THE NORTHEAST 43 QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 34 SOUTH, 44 RANGE 40 EAST. 45 46 AND ALSO THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST 47 QUARTER OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ADJACENT TO 48 AND ABUTTING ON ABOVE DESCRIBED PARCEL IN SECTION 6, TOWNSHIP 34 49 SOUTH, RANGE 40 EAST, BOUNDED ON THE EAST BY THE WEST SIDE OF 50 RIGHT-OF-WAY OF HIGHWAY NO. 605 (OLD DIXIE HIGHWAY), ALL BEING IN ST. 51 LUCIE COUNTY, FLORIDA. 52 53 AND ALSO INCLUDING: 54 File No.: RZ-04-012 and PUD-04-011 October 19, 2004 Resolution 04-217 Page 5 1 THAT PART OF THE NORTH 550 FEET AS MEASURED ALONG U.S. HIGHWAY NO. 2 1, OF THE NW V. OF THE SW V. LYING BETWEEN OLD DIXIE HIGHWAY AND THE 3 FEC RAIL ROAD, SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST, OF THE 4 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 5 6 PARCEL 6 7 8 SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST. COMMENCE AT THE 9 INTERSECTION OF THE SOUTH LINE OF THE NORTH Yo OF THE NORTHEAST V. 10 AND THE EAST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY; THENCE 11 NORTHWESTERLY ALONG THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY, A 12 DISTANCE OF 518.11 FEET; THENCE EAST A DISTANCE OF 80 FEET, MORE OR 13 LESS, TO THE WESTERN RIGHT-OF-WAY OF THE FLORIDA EAST COAST 14 RAILROAD; THENCE SOUTHEASTERLY ALONG THE RIGHT-OF-WAY OF THE FEC 15 RAILROAD TO A POINT WHICH IS DUE EAST OF THE POINT OF BEGINNING; 16 THENCE WEST 110 FEET OT THE POINT OF BEGINNING. 17 18 PARCEL 7 19 20 THAT PART OF THE NORTH Yo OF THE SOUTHEAST V. OF THE NORTHEAST V. 21 LYING BETWEEN THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST 22 RAILROAD AND THE EAST RIGHT-OF-WAY LINE FOR OLD DIXIE HIGHWAY. ALL 23 OF THE ABOVE LYING IN AND BEING A PART OF SECTION 6, TOWNSHIP 34 24 SOUTH, RANGE 40 EAST, IN ST. LUCIE COUNTY, FLORIDA. 25 26 PARCEL 8 27 28 THE NORTH Yo OF THE NORTH Yo OF THE NORTHWEST V. OF SECTION 5, 29 TOWNSHIP 34 SOUTH, RANGE 40 EAST; ALSO THE SOUTH Yo OF THE NORTH Yo 30 OF THE NORTHWEST 1/3 OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST; 31 ALSO ALL THAT PART OF THE NORTHEAST V. OF THE NORTHEAST V" EXCEPT 32 THE NORTH 660 FEET THEREOF OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 33 EAST, WHICH LIES EAST OF THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA 34 EAST COAST RAILWAY; ALL LYING IN ST. LUCIE COUNTY, FLORIDA (SUBJECT 35 TO ALL EASEMENTS FOR PUBLIC ROADS AND DRAINAGE CANALS AND 36 SUBJECT TO ALL OTHER EASEMENTS, RESTRICTIONS, RESERVATIONS, 37 DEDICATIONS OF RECORD) 38 39 AND 40 41 THE NORTH 660 FEET OF THE FOLLOWING DESCRIBED LAND; ALL THAT PART 42 OF THE NORTHEAST V. OF THE NORTHEAST V. OF SECTION 6, TOWNSHIP 34 43 SOUTH, RANGE 40 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF 44 THE FLORIDA EAST COAST RAILWAY, ST. LUCIE COUNTY, FLORIDA; LESS ANY 45 RIGHTS-OF-WAY FOR PUBLIC ROADS. 46 47 AND 48 49 GOVERNMENT LOT ONE IN SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST 50 IN ST. LUCIE COUNTY, FLORIDA; BOUNDED ON THE NORTH BY GENERAL 51 DEVELOPMENT CORPORATION, BOUNDED ON THE EAST BY THE INDIAN RIVER, 52 BOUNDED ON THE SOUTH BY KREISSIE, AND BOUNDED ON THE WEST BY 53 RUSSELL AND POTEAT. 54 File No.: RZ-04-012 and PUD-04-011 October 19, 2004 Resolution 04-217 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 50 SAID LAND CONTAINS 244.49 ACRES MORE OR LESS. Location: East side of Old Dixie Highway, at the Sl. Lucie County/Indian River County Line) C. This preliminary Planned Unit Development Site Plan approval shall expire on October 19, 2006, unless an extension is granted in accordance with Section 11.02.06(B)(3), SI. Lucie County Land Development Code or Final Planned Unit Development Approval has been granted. D. The Preliminary Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Coconut Cove, 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 B. E. The conditions set forth in Part A 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. F. 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 SI. Lucie County Grow1h Management Department. After motion and second, the vote on this resolution was as follows: Chairman Paula Lewis AYE Vice-Chairman John Bruhn AYE Commissioner Cliff Barnes AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward NAY PASSED AND DULY ADOPTED this 19TH day of October 2004. BOARD OF COUNTY COMMISSIONERS File No.: RZ-04-012 and PUD-04-011 October 19, 2004 Resolution 04-217 Page 7 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 ST. LUCIE COUNTY, FLORIDA BY 4¿¡~~ d ~ Chairman ¿;/ ATTEST ~'~':c~~.~\ ,1";/-" t·P¡!....,",,'~ <~.'..,:', ~". '..'\", ':"'.:<':-"'~'~~~ ¡ " \.'·:·'.~<r. ; '-. '.' '''1 (." -, i·'11 r ".'- ,,' . ~;..,"'~~'\" ,'- , ...'~ ~/,~-~j.:.'j \.'.- ..' ......, - f) d'~:.-'.-·:,·::-:';'i;; ..' ~" '. ,- ,e.' '.' .to.1' _ . .:-',~. C,"C APPROVED AS TO FORM AND CORRECTNESS Cs H:\projects\Coconut Cove\approvaJs\BCC\CoconutCove. Resolution.doc File No.: RZ-04-012 and PUD-04-011 October 19, 2004 Resolution 04-217 Page 8