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HomeMy WebLinkAbout05-032 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 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2655886 06/28/2005 al 03:33 PM OR BOOK 2286 PAGE 474 - 481 Doc Type: RESO RECORDING: $69.50 RESOLUTION 05-032 File Number: PUD-04-003 and RZ-040004 A RESOLUTION GRANTING FINAL DEVELOPMENT PLAN APPROVAL FOR A PROJECT KNOWN AS BENTCREEK. WHEREAS, the Board of County Commissioners of 81. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Lennar Homes, Inc. presented a petition for a Preliminary Planned Unit Development Plan for a 692-unit residential subdivision to be known as Bentcreek - PUD. 2. On October 21, 2004, the 81. Lucie County Planning and Zoning Commission held a public hearing on the petition of Lennar Homes, Inc., after publishing a notice of such hearing in the Tribune and the Port 81. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. At that hearing, the Planning and Zoning Commission recommended denial of the preliminary Planned Unit Development by a vote of 5 to 3. 3. On November 15, 2004, this Board held a public hearing on the petition of Lennar Homes, Inc., for Preliminary Planned Unit Development approval for the project known as Bentcreek - PUD after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. At that hearing, this Board approved a small scale plan amendment to allow residential uses on the northern portion of the property, made specific suggestions concerning the development and continued the hearing to January 18, 2005. 4. On January 18, 2005, this Board approved Resolution 05-010 granting Preliminary Planned Unit Development Approval 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 81. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 6. The proposed project is consistent with the general purpose, goals, objectives and standards of the 81. Lucie County Land Development Code, the 81. Lucie County Comprehensive Plan, and the Code of Ordinances of 81. Lucie County. File No.: PUD-04-003 and RZ-04-004 April 5, 2004 Resolution 05-032 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 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. 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 May 6, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: A. Pursuant to Section 11.02.05(B) of the S1. Lucie County Land Development Code, the Final Planned Unit Development Plan for the project to be known as Bentcreek - PUD, and is hereby, approved as shown on the site plan drawings for the project prepared by Houston Cuozzo Group, revised on February 7, 2005, and date stamped received by the S1. Lucie County Growth Management Department on February 8, 2005, subject to the following conditions: 1. The developer, or his assigns, shall be required to construct Peterson Road from its intersection with Hartman Road to the western project boundary. This construction shall include roundabouts at Hartman Road and at two entrances into the Bent Creek project. All construction plans shall be approved by the St, Lucie County Public Works Department. 2. Prior to issuance of a building permit for the construction on Hartman and Peterson Roads, the applicant shall be required to submit construction/engineering drawings for the Hartman and Peterson Road enhancements to the S1. Lucie County Engineer for review and approval. 3. Prior to issuance of a certificate of occupancy for any lot located in Parcel liB" , lying north of Peterson Road (Canal No. 35) and east of Five Mile Creek, the proposed connector road from Orange Avenue into the project site shall be constructed. File No.: PUD-04-003 and RZ-04-004 April 5, 2004 Resolution 05-032 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 B. 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 4. Prior to recording of any portion of the plat containing dwelling units, the developer, or his assigns, shall have completed the execution of a final utility service agreement with Ft. Pierce Utility Authority, indicating all developer obligations, including schedules, associated with servicing this site. 5. The applicant shall convey the 10' by 600' easement shown on the site plan to the County for future Swain Road construction. 6. Prior to recording of the first plats for any portion of the property, the developer, or his assigns, shall submit a letter from the St. Lucie County School Board indicating that they have satisfied the St. Lucie County School Board. 7. Prior to recording of the first plats for any portion of the property, the developer, or his assigns, shall submit a letter from the St. Lucie County Fire District indicating that they have satisfied the St. Lucie County Fire District. 8. Prior to recording of the first plats for any portion of the property, the developer or his assigns shall provide a monitoring and maintenance agreement for canal 29 (Five Mile Creek) and Canals 5 and 35 within the project boundaries. Such agreement shall be acceptable to the North St. Lucie Water Control District. The property on which this site plan approval is being granted is described below. LEGAL DESCRIPTION PARCEL 1A fLYING IN THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 71 COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 89°42'05" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, A DISTANCE OF 1006.95 FEET TO THE EAST LINE OF THE WEST HALF 0N 1/2) OF THE WEST HALF 0N 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 00°02'10" EAST ALONG SAID EAST LINE, A DISTANCE OF 49.07 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF ORANGE AVENUE (STATE ROAD NO. 68), AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, STATE PROJECT NO. 94070- 2505 (UNRECORDED), MAP AS PREPARED BY BETSY LINDSAY, INC., DATED 07/03/02, SAID RIGHT- OF-WAY LINE BEING PARALLEL WITH AND 49.07 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 00°02'10" EAST ALONG THE SAID EAST LINE, A DISTANCE OF 1000.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°02'10" EAST ALONG THE SAID EAST LINE OF THE WEST HALF (W 1/2) OF THE WEST HALF (W 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7, AND ALONG THE EAST LINE OF THE WEST HALF 0N 1/2) OF THE WEST HALF 0N 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; A DISTANCE OF 1555.81 FEET TO THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 5, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID LINE BEING PARALLEL WITH AND 46.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 89°44'36" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1642.36 FEET TO THE EAST RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID LINE BEING PARALLEL WITH AND File No.: PUD-04-003 and RZ-04-004 April 5, 2004 Resolution 05-032 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 57 58 59 60 51.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE NORTH 00°17'48" EAST ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 2197.90 FEET; THENCE NORTH 89°42'43" EAST, A DISTANCE OF 285.12 FEET; THENCE SOUTH 00°13'49" WEST, A DISTANCE OF 919.04 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH WEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE NORTH 89°43'21" EAST ALONG SAID SECTIONAL LINE, A DISTANCE OF 168.59 FEET; THENCE NORTH 00°11'49" EAST, A DISTANCE OF 275.94 FEET; THENCE NORTH 89°42'05" EAST, A DISTANCE OF 1179.02 FEET TO THE POINT OF BEGINNING. CONTAINING 61.62 ACRES, MORE OR LESS. PARCEL 2A (LYING IN THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7) COMMENCE AT THE SAID NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7; THENCE SOUTH 89°42'05" WEST ALONG THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF SAID SECTION 7, A DISTANCE OF 3346.98 FEET TO THE WEST LINE OF THE EAST HALF (E 1/2) OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7; THENCE SOUTH 00°15'12" WEST ALONG SAID WEST LINE, A DISTANCE OF 406.65 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°15'12" WEST ALONG THE SAID WEST LINE OF THE EAST HALF (E 1/2) OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7, A DISTANCE OF 1579.80 FEET TO THE NORTH LINE OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7; THENCE SOUTH 89°46'36" WEST ALONG SAID NORTH LINE, A DISTANCE OF 330.13 FEET TO THE WEST LINE OF SAID EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7; THENCE SOUTH 00°13'54" WEST ALONG SAID WEST LINE, A DISTANCE OF 616.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 35, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, PUBLIC RECORDS OF NORTH ST. LUCIE COUNTY, SAID NORTH LINE BEING A LINE PARALLEL WITH AND 46.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7; THENCE NORTH 89°48'06" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 938.70 FEET TO THE WEST RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29, AS SHOWN ON THEIR "INFORMATION MAP" DATED MAY 1991 (UNRECORDED) AND AVAILABLE AT 2721 SOUTH JENKINS ROAD, FT. PIERCE, FLORDA 34961, SAID RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 51.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7; THENCE NORTH 00°17'48" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1278.84 FEET TO THE END OF SAID RIGHT-OF- WAY, AS SHOWN BY MAP AND TO THE SOUTHERLY END OF THE WEST RIGHT-OF-WAY LINE OF SAID CANAL NO. 29, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, SAID LINE BEING 51.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 7; THENCE NORTH 00°17'48" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 917.92 FEET; THENCE SOUTH 89°43'35" WEST, A DISTANCE OF 610.47 FEET TO THE POINT OF BEGINNING. CONTAINING 35.40 ACRES, MORE OR LESS. PARCEL 3A (LYING IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION 18) COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH 89°44'36" WEST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18, A DISTANCE OF 2709.21 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE SOUTH 89°48'06" WEST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 18, A DISTANCE OF 659.77 FEET TO THE WEST LINE OF THE EAST HALF (E 1/2) OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 18; THENCE SOUTH 00°08'55" WEST ALONG SAID WEST LINE, A DISTANCE OF 61.00 FEET TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF PETERSON ROAD (A 15.00 FOOT RIGHT-OF-WAY), AS DESCRIBED BY DEED RECORDED IN DEED File No.: PUD-04-003 and RZ-04-004 April 5, 2004 Resolution 05-032 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1. 18 19 2. 20 21 3. 22 23 24 4. 25 26 5. 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 57 58 1. 59 60 2. BOOK 75, PAGE 531, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID LINE BEING PARALLEL WITH AND 61.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE SAID NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 18, AND SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING; THENCE SOUTH 00°08'55" WEST ALONG SAID WEST LINE OF THE EAST HALF (E 1/2) OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 18, A DISTANCE OF 2564.69 FEET TO THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 36, AS DESCRIBED BY DEED RECORDED IN DEED BOOK 41, PAGE 499, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 44.50 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE SAID NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 18; THENCE NORTH 89°13'42" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 576.35 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29 (FIVE MILE CREEK) (A 128.00 FOOT RIGHT-OF-WAY) AS DESCRIBED BY DEED RECORDED IN DEED BOOK 41, PAGE 499, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY; THENCE TRAVERSING THE WESTERLY RIGHT-OF-WAY LINE OF SAID CANAL NO. 29 BY THE FOLLOWING FIVE (5) COURSES: NORTH 12°38'44" WEST, A DISTANCE OF 656.28 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 641.10 FEET; NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°59'05", AN ARC DISTANCE OF 290.75 FEET TO A POINT OF TANGENCY WITH A LINE NORTH 13°20'20" EAST ALONG SAID LINE, A DISTANCE OF 652.24 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 508.62 FEET; NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°05'42", AN ARC DISTANCE OF 116.25 FEET TO A POINT OF TANGENCY WITH A LINE NORTH 00°14'38" EAST ALONG SAID LINE, A DISTANCE OF 880.54 FEET TO THE SAID SOUTH RIGHT-OF-WAY LINE OF PETERSON ROAD. THENCE DEPARTING SAID CANAL NO. 29 RIGHT-OF-WAY LINE, SOUTH 89°48'06" WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 595.66 FEET TO THE POINT OF BEGINNING. CONTAINING 31.185 ACRES, MORE OR LESS. PARCEL 4A (LYING IN THE NORTH HALF (N 1/2) OF SECTION 18) COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH 01°19'48" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER (NE 1/4) SAID SECTION 18, A DISTANCE OF 1650.41 FEET TO THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE SOUTH 89°25'25" WEST ALONG SAID NORTH LINE, A DISTANCE OF 25.01 FEET TO THE WEST RIGHT-OF-WAY LINE OF HARTMAN ROAD, AS DESCRIBED BY DEED RECORDED IN OFFICIAL RECORD BOOK 71, PAGE 126, PUBLIC RECORDS OF ST. LUCIE COUNTY; THENCE NORTH 01°19'48" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 180.00 FEET TO A POINT IN THE NORTH LINE OF THAT PARCEL OF LAND OWNED BY ELMER O. SMITH AND DESCRIBED BY DEED RECORDED IN OFFICIAL RECORD BOOK 55, PAGE 366, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST RIGHT-OF-WAY LINE OF HARTMAN ROAD, NORTH 01°19'48" EAST, A DISTANCE OF 1409.53 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF PETERSON ROAD (A 15.00 FOOT RIGHT-OF-WAY), AS DESCRIBED BY DEED RECORDED IN DEED BOOK 75, PAGE 531, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, SAID LINE BEING PARALLEL WITH AND 61.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE SOUTH 89°44'36" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 2619.64 FEET TO THE EAST RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29 (FIVE MILE CREEK) (A 128.00 FOOT RIGHT-OF-WAY); THENCE TRAVERSING THE EASTERLY RIGHT-OF-WAY LINE OF SAID CANAL NO. 29, BY THE FOLLOWING FIVE (5) COURSES: SOUTH 00°14'38" WEST, A DISTANCE OF 881.60 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 636.62 FEET; SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL File No.: PUD-04-003 and RZ-04-004 April 5, 2004 Resolution 05-032 Page 5 1 2 3. 3 4 4. 5 6 5. 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 C. 42 43 44 45 46 47 D. 48 49 50 51 52 53 54 55 ANGLE OF 13°05'42", AN ARC DISTANCE OF 145.50 FEET TO A POINT OF TANGENCY WITH A LINE SOUTH 13°20'20" WEST ALONG SAID LINE, A DISTANCE OF 652.24 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 513.10 FEET; SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°59'05", AN ARC DISTANCE OF 232.70 FEET TO A POINT OF TANGENCY WITH A LINE SOUTH 12°38'44" EAST ALONG SAID LINE, A DISTANCE OF 679.62 FEET TO THE NORTH RIGHT-OF- WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO.6, AS DESCRIBED BY DEED RECORDED IN DEED BOOK 41, PAGE 499, PUBLIC RECORDS OF ST. LUCIE COUNTY, SAID RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 48.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE DEPARTING SAID CANAL NO. 29 RIGHT-OF-WAY LINE, NORTH 89°13'42" EAST ALONG SAID CANAL NO.6 RIGHT-OF-WAY LINE, A DISTANCE OF 614.37 FEET TO THE EAST END OF SAID DEEDED RIGHT-OF-WAY AND THE BEGINNING OF THE NORTH RIGHT-OF-WAY LINE OF CANAL NO. 6, AS SHOWN ON SAID NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT "INFORMATION MAP", SAID RIGHT-OF-WAY LINE BEING PARALLEL WITH AND 48.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SAID SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 18; THENCE CONTINUE NORTH 89°13'42" EAST ALONG SAID MAP RIGHT-OF-WAY LINE, A DISTANCE OF 665.24 FEET TO THE EAST END OF SAID MAP RIGHT-OF-WAY LINE AND BEGINNING OF THE NORTH RIGHT-OF-WAY LINE OF SAID CANAL NO.6, AS DESCRIBED BY DEED RECORDED IN CHANCERY ORDER BOOK 3, PAGE 4, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, SAID LINE BEING A LINE PARALLEL WITH AND 48.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO THE SAID SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 18; THENCE NORTH 89°13'42" EAST ALONG SAID DEEDED RIGHT-OF-WAY LINE, A DISTANCE OF 665.25 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18; THENCE NORTH 01°03'25" EAST ALONG SAID EAST LINE AND ALONG THE EAST LINE OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 18, A DISTANCE OF 944.35 FEET TO THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 18; THENCE NORTH 89°25'25" EAST ALONG SAID NORTH LINE, A DISTANCE OF 494.66 FEET TO THE WEST LINE OF THE SAID ELMER O. SMITH PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 55, PAGE 366; THENCE NORTH 01°19'48" EAST ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 180.00 FEET TO THE NORTH LINE OF SAID PARCEL; THENCE NORTH 89°25'25" EAST ALONG SAID NORTH LINE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 140.574 ACRES, MORE OR LESS. This Final Planned Unit Development Site Plan approval shall expire on April 15, 2006, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or Final Planned Unit Development Approval has been granted. The Final Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Bentcreek - PUD, 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, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. File No.: PUD-04-003 and RZ-04-004 April 5, 2004 Resolution 05-032 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 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 A 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 A, which plan shall be placed on file with the St. Lucie County Growth Management Department. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Joseph E. Smith Commissioner Paula Lewis Commissioner Chris Craft AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 5TH day of April, 2005. .<""';L':::::S.':3'.::.r_ BY , 11, ,,' ;;r'"", r~-s.:~L,j",t,~,¡,/ß~~&, .. ' ~t>?f \ 'Y~ :·-l((.) \ r- \ .-( ---~., ~þ, r;"t ATTEST : I.', \ ~;"i .. '..·of',' \., ;x.~ '. ...:) *L ø~~:;¡ Deputy Clerk -'. '" ..~,; ~::;-:;:> G:\projects\BOCCagenda04.05.05.BentCreekFinal.Resolution.doc File No.: PUD-04-003 and RZ-04-004 April 5, 2004 BOARD OF COUNTY COMMISSIO ti?j.1:: ST. LUCIE COUNTY, ~40' ;-;, , Resolution 05-032 Page 7 St Lucie County Certificate of Capacity Date 5/6/2005 Certificate No. 2070 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 RESIDENTIAL SUBDIVISION Number of units 692 Number of square feet 2. Property legal description & Tax ID no. SEE A TT ACHED RESOLUTION BENTCREEK PUD 3. Approval: Building Resolution No. 05-032 Letter 5/6/05 4. Subject to the following conditions for concurrency: Owner's name LENNAR HOMES, INC. Address 1015 N. STATE RD 7, STE. C ROYAL PALM B FL 33411 6. Certificate Expiration Date 5/5/2007 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. --- --> Date: 5/16/2005 S· ed- -..-.. ~ ---- ------.;) 19n ..- I ~~..::: Growth Management Director St Lucie County, Florida Monday, May 16,2005 Page 1 of2