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HomeMy WebLinkAbout05-144 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 ~yi)'. (;/YlD . Pffffi .p.šD m-t1J ¥in, ~ RESOLUTION 05-144 FILE NO.: PUD-04-011 and RZ-04-012 A RESOLUTION GRANTING FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR A PROJECT KNOWN AS COCONUT COVE AND GRANTING A CHANGE IN ZONING FROM RM-5, RS-2, AND RIC TO THE PUD (PLANNED UNIT DEVELOPMENT - COCONUT COVE) ZONING DISTRICT 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: 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 St. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. 3. 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. 4. On October 19, 2004 the Board of County Commissioners by a vote .of 4 to 1 granted Preliminary Planned Unit Development approval to the project known as Coconut Cove. 5. The petitioner, Coconut Cove, LLC, is now seeking Final Planned Unit Development approval and a change in zoning for a 950-unit residential project (110 single-family units, 200 townhouse units and 640 mid-rise condominium units) known as Coconut Cove. 6. On July 12, 2005, this Board held a public hearing on the petition of Coconut Cove, for Final 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. File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 Page 1 ;uo:::!Jenm m;uõþO CJQ:Jmz:E °o'lt~_ ;u 0 '" Z º ^....,... 3: ZN~~' 0!:J~_'" i>'I0~m;o ¡;j~~8:< gG)¡jC:~ ~fg~o ~~-<Iñ ,e¡. ;0 ~~ " !:J~ 0 00 0 ." OJ:> ~ gs: :J: -t m =t3 º ~ ;u ;u (") m c: en :::¡ o (") o c: ;0 ~ 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 7. 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 A of this Resolution. Further, the proposed Final Planned Unit Development is in substantial conformity with the approved Preliminary Planned Unit Development. 8. 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. 9. 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. 10. 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. 11. 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. 12. The proposed project will be served by adequate public facilities and services. 13. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire protection. 14. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Growth Management Director on September 9, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: SITE PLAN A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Final 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 November 15, 2004, last revised on May 23, 2005, and date stamped received by the St. Lucie County Growth Management Department on May 25,2005, 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. File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 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 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 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 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 St. Lucie County with a management plan for all areas of 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 St. Lucie County Land Development Code. 5. The applicant shall be required to submit to St. 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. Staging and or storage of materials, parking of construction and construction personnel vehicles, and other activities other than actual road and bridge construction shall be kept to the eastern side of Old Dixie File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 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 B. 39 40 41 42 43 44 45 46 47 48 Highway, in already impacted areas to the greatest extent possible. 8. 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. 9. Prior to issuance of the 65151 residential unit (the beginning of Phase III) the signalization of the intersection of Indrio Road and North US Highway One shall be completed. 10. 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 S1. Lucie County and the Florida Department of Transportation. 11. Along internal major streets within the development, final asphalt lifts shall not be completed until 70% or more of the accessing residential units are completed. 12. All primary and secondary streets within the Coconut Cove development, including the access to US Highway One shall include sidewalks satisfying all applicable County standards. 13. The proposed boat/recreational vehicle 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. 14. Prior to the issuance of the first residential unit building permit, the developer shall have completed the execution of a final utility service agreement with S1. 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 % OF THE SOUTHEAST Y4 OF THE NORTHEAST % 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 File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 Page 4 1 ALL THAT PART OF THE SOUTH % OF THE SOUTHEAST 114 OF THE NORTHEAST 2 % OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LYING EAST OF THE 3 FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. 4 5 PARCEL 3 6 7 THE SOUTH % OF THE NORTHWEST 114 AND THAT PART OF THE NORTH % OF 8 THE SOUTHWEST 114 LYING EAST OF THE RIGHT-OF-WAY OF THE FLORIDA EAST 9 COAST RAILWAY OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST. 10 11 PARCEL 4 12 13 THE NORTH % OF GOVERNMENT LOT 2 IN SECTION 5, TOWNSHIP 34 SOUTH, 14 RANGE 40 EAST. 15 16 TOGETHER WITH THAT CERTAIN PRIVATE EASEMENT RECORDED IN DEED 17 BOOK 22, PAGE 178, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, 18 FLORIDA, AND THAT CERTAIN PERPETUAL ACCESS EASEMENT RECORDED IN 19 O.R. BOOK 1186, PAGE 506, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, 20 FLORIDA. 21 22 LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: 23 24 BEING A PART OF THE SOUTHWEST 114 OF SECTION 5, TOWNSHIP 34 SOUTH, 25 RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED 26 AS FOLLOWS: 27 28 PARCEL1G 29 30 THE SOUTH % OF THE NORTH % OF THE SOUTHWEST 114 LYING EAST OF THE 31 EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD OF SAID 32 SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST. 33 34 PARCEL2G 35 36 THE SOUTH 60.00 FEET OF THE NORTH % OF THE SOUTHWEST % LYING EAST 37 OF THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD OF 38 SAID SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST. 39 40 TOGETHER WITH PERPETUAL, NON-EXCLUSIVE USE OF THAT CERTAIN 41 PRIVATE EASEMENT GRANTED IN DEED BOOK 222, PAGE 178, OF THE PUBLIC 42 RECORDS OF ST. LUCIE COUNTY, FLORIDA. RESERVING UNTO GRANTOR AND 43 INCLUDING GRANTOR'S SUCCESSORS AND ASSIGNS, PERPETUAL USE OF 44 SAID PRIVATE EASEMENT IN COMMON WITH GRANTEE. 45 46 TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT AND RIGHT -OF- 47 WAY ACCESS, INGRESS, AND EGRESS OVER THAT CERTAIN PARCEL OF REAL 48 PROPERTY AS PROVIDED IN THE PERPETUAL ACCESS EASEMENT GRANTED 49 BY KENNEDY GROVES, INC. A FLORIDA CORPORATION IN FAVOR OF FLORIDA 50 INLAND NAVIGATION DISTRICT DATED SEPTEMBER 15, 1998, AND RECORDED 51 IN O.R. BOOK 1174, PAGE 2783, OF THE PUBLIC RECORDS OF ST. LUCIE 52 COUNTY, FLORIDA. 53 File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 Page 5 1 TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT AND RIGHT -OF- 2 WAY FOR THE PIPELINE AND TRANSMISSION OF DREDGED MATERIALS OVER 3 THAT CERTAIN PARCEL OF REAL PROPERTY AS PROVIDED IN THE PERPETUAL 4 PIPELINE EASEMENT GRANTED BY KENNEDY GROVES, INC. A FLORIDA 5 CORPORATION IN FAVOR OF FLORIDA INLAND NAVIGATION DISTRICT DATED 6 SEPTEMBER 15,1998, AND RECORDED IN O.R. BOOK 1174, PAGE 2787, OF THE 7 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 8 9 TOGETHER WITH: 10 11 THE NORTH 550 FEET, MEASURED ALONG THE EAST SIDE OF U.S. HIGHWAY 1, 12 AND LYING EAST OF RIGHT-OF-WAY OF SAID HIGHWAY IN THE NORTHEAST 13 QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 34 SOUTH, 14 RANGE 40 EAST. 15 16 AND ALSO THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST 17 QUARTER OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ADJACENT TO 18 AND ABUTTING ON ABOVE DESCRIBED PARCEL IN SECTION 6, TOWNSHIP 34 19 SOUTH, RANGE 40 EAST, BOUNDED ON THE EAST BY THE WEST SIDE OF 20 RIGHT-OF-WAY OF HIGHWAY NO. 605 (OLD DIXIE HIGHWAY), ALL BEING IN ST. 21 LUCIE COUNTY, FLORIDA. 22 23 AND ALSO INCLUDING: 24 25 THAT PART OF THE NORTH 550 FEET AS MEASURED ALONG U.S. HIGHWAY NO. 26 1, OF THE NW % OF THE SW Y4 LYING BETWEEN OLD DIXIE HIGHWAY AND THE 27 FEC RAIL ROAD, SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST, OF THE 28 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 29 30 PARCEL 6 31 32 SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST. COMMENCE AT THE 33 INTERSECTION OF THE SOUTH LINE OF THE NORTH % OF THE NORTHEAST Y4 34 AND THE EAST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY; THENCE 35 NORTHWESTERLY ALONG THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY, A 36 DISTANCE OF 518.11 FEET; THENCE EAST A DISTANCE OF 80 FEET, MORE OR 37 LESS, TO THE WESTERN RIGHT-OF-WAY OF THE FLORIDA EAST COAST 38 RAILROAD; THENCE SOUTHEASTERLY ALONG THE RIGHT-OF-WAY OF THE FEC 39 RAILROAD TO A POINT WHICH IS DUE EAST OF THE POINT OF BEGINNING; 40 THENCE WEST 110 FEET OT THE POINT OF BEGINNING. 41 42 PARCEL 7 43 44 THAT PART OF THE NORTH % OF THE SOUTHEAST % OF THE NORTHEAST % 45 LYING BETWEEN THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST 46 RAILROAD AND THE EAST RIGHT-OF-WAY LINE FOR OLD DIXIE HIGHWAY. ALL 47 OF THE ABOVE LYING IN AND BEING A PART OF SECTION 6, TOWNSHIP 34 48 SOUTH, RANGE 40 EAST, IN ST. LUCIE COUNTY, FLORIDA. 49 50 PARCEL 8 51 52 THE NORTH % OF THE NORTH % OF THE NORTHWEST Y4 OF SECTION 5, 53 TOWNSHIP 34 SOUTH, RANGE 40 EAST; ALSO THE SOUTH % OF THE NORTH % 54 OF THE NORTHWEST 1/3 OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST; File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 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 C. 31 32 33 34 D. 35 36 37 38 39 40 41 42 43 44 E. 45 46 47 48 49 50 F. 51 52 ALSO ALL THAT PART OF THE NORTHEAST % OF THE NORTHEAST Y4, EXCEPT THE NORTH 660 FEET THEREOF OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, WHICH LIES EAST OF THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY; ALL LYING IN ST. LUCIE COUNTY, FLORIDA (SUBJECT TO ALL EASEMENTS FOR PUBLIC ROADS AND DRAINAGE CANALS AND SUBJECT TO ALL OTHER EASEMENTS, RESTRICTIONS, RESERVATIONS, DEDICATIONS OF RECORD) AND THE NORTH 660 FEET OF THE FOLLOWING DESCRIBED LAND; ALL THAT PART OF THE NORTHEAST Y4 OF THE NORTHEAST % OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY, ST. LUCIE COUNTY, FLORIDA; LESS ANY RIGHTS-OF-WAY FOR PUBLIC ROADS. AND GOVERNMENT LOT ONE IN SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST IN ST. LUCIE COUNTY, FLORIDA; BOUNDED ON THE NORTH BY GENERAL DEVELOPMENT CORPORATION, BOUNDED ON THE EAST BY THE INDIAN RIVER, BOUNDED ON THE SOUTH BY KREISSIE, AND BOUNDED ON THE WEST BY RUSSELL AND POTEAT. SAID LAND CONTAINS 244.49 ACRES MORE OR LESS. Location: East side of Old Dixie Highway, at the St. Lucie County/Indian River County Line) This Final Planned Unit Development Site Plan approval shall expire on July 12, 2007, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or Final 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, Coconut Cove LLC, 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. The conditions set forth in Section 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. 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. File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 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 After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Chris Craft Commissioner Paula Lewis AYE NAY AYE AYE Commissioner Joseph E. Smith AYE PASSED AND DULY ADOPTED this 12TH day of July 2005. ATTEST BY APPROVED AS TO FORM AND CORRECTNESS dpk H :\projects\Coconut Cove\approvals\BCC\CoconutCove. Resolution .05144.doc File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 Page 8 St Lucie County Certificate of Capacity Date 9/9/2005 Certificate No. 2179 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 PUD APPROVAL FOR COCONUT COVE Number of units 950 Number of square feet 2. Property legal description & Tax ID no. SEVERAL EAST SIDE OF OLD DIXIE HWY @ NORTH COUNTY LIN COCONUT COVE COCONUT COVE 3. Approval: Building Resolution No. 05-144 Letter 4. Subject to the following conditions for concurrency: SUBJECT TO RESOLUTION #05-144 CONDITIONS. Owner's name SIEMENS GROUP INC Address 5801 N CONGRESS AVE. BOCA RATON FL 33481 6. Certificate Expiration Date 9/9/2006 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 order(s) issued for the same property, use and size as described herein. Signed i~t7¿ ~ ,~k Date: 9/1612005 Growth Management Director St Lucie County, Florida Friday, September 16, 2005 Page 1 of2