HomeMy WebLinkAbout05-353
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RESOLUTION 05-353
File Number: PUD-04-030 and RZ-04-034
A RESOLUTION GRANTING PRELIMINARY
DEVELOPMENT PLAN APPROVAL FOR A PROJECT
KNOWN AS SUNNYLAND FARMS - PUD
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:
1. Paparone Homes of Florida Inc. presented a petition for a Preliminary
Planned Unit Development Approval for a 458-unit single family residential
subdivision to be known as Sunnyland Farms - PUD.
2. On September 15, 2005, the St. Lucie County Planning and Zoning
Commission held a public hearing on the petition of Paparone Homes of Florida
Inc., after publishing a notice of such hearing in the Fort Pierce Tribune and
notifying by mail all property owners within 500 feet of the property boundaries.
3. On November 8, 2005, this Board held a public hearing on the petition of
Paparone Homes of Florida Inc, for Preliminary Planned Unit Development
approval for the project known as Sunnyland Farms - 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.
4. 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 St. Lucie County Comprehensive Plan, subject to the conditions set forth in
Part A of this Resolution.
5. 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.
6. The proposed project will not have an undue adverse effect on adjacent
property, the character of the neighborhood, parking, utility facilities or other
matters affecting the public health, safety and general welfare. Impacts upon
the regional road system will be mitigated through the conditions set forth in this
Order.
7. 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.
November
Page 1
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 278174401/18/2006 at 03:37 PM
OR BOOK 2464 PAGE 2942 - 2949 Doc Type: RES 0
RECORDING: $69.50
Resolution No. 05-353
File No.: PUD-04-030 and RZ-04-034
f,
1
2 8. The proposed project will be constructed, arranged and operated so as not to
3 interfere with the development and use of neighboring property, in accordance
4 with applicable district regulations.
5
6 9. The proposed project will be served by adequate public facilities and services.
7
8 10.A Certificate of Capacity, a copy of which is attached to this Resolution, was
9 granted on November 2, 2005, subject to the conditions in Section A of this
10 Resolution.
11
12
13 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
14 St. Lucie County, Florida:
15
16 A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code,
17 the Preliminary Planned Unit Development Plan for the project to be known as
18 Sunnyland Farms - A Planned Unit Development be, and the same is hereby,
19 approved as shown on the site plan drawings for the project prepared by Thomas
20 Lucido & Associates, P.A. dated April 6, 2004, subsequently revised through
21 August 12, 2005, and date stamped received by the St. Lucie County Growth
22 Management Director on September 2, 2005, subject to the following conditions:
23
24 1. Prior to any Final PUD approval for the project, the applicant, developer, or
25 assigns shall enter into an agreement with St. Lucie County to provide certain
26 improvements to roadways, including bike paths and sidewalks where feasible,
27 required to address this projects impacts on the County's roadway network. The
28 Agreement will include the details about specific cases where the applicant can
29 recover funds. The following include, but are not limited to the improvements
30 required to be addressed in the agreement:
31
32 a. Prior to the issuance of any Certificate of Occupancy, the developer, or
33 his assigns, shall be required to construct a roadway within the existing
34 Emerson Avenue (Laid back Way) right-of-way that extends from
35 Orange Avenue to the FDOT Access Road. Prior to issuance of a
36 building permit for the construction on Laidback Way, the applicant
37 shall be required to submit construction/engineering drawings for
38 Laidback Way to the St. Lucie County Engineer for review and
39 approval. The roadway designs shall include left and right turn lanes
40 onto Orange Avenue and a right turn lane at the intersection of
41 Laidback Way and FDOT Access Road.
42
43 b. Prior to the issuance of any building permits for any portion of this site;
44 contracts shall have been let for the construction of Laidback Way and
45 Sunnyland Drive from Orange Avenue to FFA Road and Canal No. 43.
November 8,2005
Page 2
Resolution No. 05-353
File No.: PUD-04-030 and RZ-04-034
1 No Certificates of Occupancy shall be issued until this roadway has
2 been completed and accepted by St. Lucie County. The applicant shall
3 be allowed Certificates of Occupancy for a maximum of four dry model
4 homes prior to completion and acceptance of the roadway.
5
6 c. Prior to issuance of any Certificate of Occupancy for any single family
7 home within the Sunnyland Farms PUD, the petitioner, their
8 successors or assigns, shall convey Sunnyland Drive to St. Lucie
9 County, in manner and form acceptable to the St. Lucie County
10 Attorney. To the extent permitted under the County's Code and
11 Compiled Laws, any such dedication may be considered eligible for
12 Road Impact Fee Credits.
13
14 d. The agreement between the Paparone Homes and the County shall
15 contain language requiring Paparone Homes to post security for the
16 estimated costs for re-alignment of the offset 50' right-of-way roadway
17 section to be consistent with the proposed 80' roadway section along
18 Laidback Way. In the event the County is able to obtain the deficient
19 right-of-way following construction of the roadway improvement by
20 Paparone Homes, the County may require Paparone Homes to
21 construct the re-alignment improvements. In the event that the
22 undeveloped lands fronting the 50' right-of-way are proposed for
23 development following construction of Laidback Way by Paparone
24 Homes, the County will seek to require the Developer of said project to
25 pay for the realignment costs described herein. If the County is
26 successful in obtaining a commitment from others to bear the re-
27 alignment costs, the County may then release Paparone Homes of
28 Florida' posted security.
29
30 e. The agreement shall require the developer to provide the designs and
31 cost estimates for construction of the ultimate intersection of King's
32 Highway & Orange Avenue. The applicant shall contribute the designs
33 and cost estimate towards their fair share contribution to design and
34 construct the intersection improvements. County staff shall incorporate
35 this roadway improvement into the Capital Improvements Element of
36 the St. Lucie County Comprehensive Plan as an improvement to be
37 funded by developer contributions.
38
39 f. Turn lanes shall be provided on Sunnyland Drive and Champions
40 Drive, Colts Run and the Recreation Parcel.
41
42 g. Prior to recordation of the Plat for Phase II of this project, that the
43 applicant conduct a signal warrant study at the intersection of Orange
44 Avenue and Rock Road. If this study indicates a traffic signal is
November 8, 2005
Page 3
Resolution No. 05-353
File No.: PUD-04-030 and RZ-04-034
1 warranted the developer would be required to design and construct the
2 improvement.
3
4 2. The Certificate of Capacity issued for this project is conditioned upon the
5 applicant, developers, or assigns entering into a binding agreement, as required
6 in Condition A (1) above. The Certificate of Capacity for this project shall expire
7 and public facilities encumbered by the Certificate of Capacity shall be released if
8 the agreement between Paparone Homes and St. Lucie County is not entered
9 into with 180 days. If the Certificate of Capacity expires the applicant shall
10 reapply and receive issuance of a Certificate of Capacity prior to Final PUD
11 approval for this project.
12
13 3. Any Final PUD approval shall include the condition that prior to Final Plat
14 approval for any portion of the property, the developer, or his assigns, shall have
15 completed the execution of a final utility service agreement with Ft. Pierce Utility
16 Authority, indicating all developer obligations, including schedules associated
17 with servicing this site.
18
19 4. Any Final PUD approval shall include the condition that prior to Final Plat
20 approval for any portion of the property, the developer, or his assigns, shall
21 submit a letter from the St. Lucie County School Board indicating that they have
22 met the St. Lucie County School Board's requirements.
23
24 5. The irrigation system within this project shall be designed to accept reuse water
25 from the Fort Pierce Utilities Authority as the preferred method of irrigation.
26
27 6. A condition of approval of the Final PUD shall be that language be included on
28 the plat granting the County a conservation easement over the 47.73 acres of
29 uplands and wetlands to be preserved.
30
31 7. A condition of approval of the Final PUD shall be that the landscape plan to be
32 provided with the Final PUD plan includes exact littoral zone locations around a
33 portion of each lake constructed on site along with the proposed plant size and
34 spacing.
35
36 8. A condition of approval of the Final PUD shall be that the Homeowners
37 Association guidelines with the specified restrictions will be provided with Final
38 PUD plan.
39
40 9. A condition of approval of the Final PUD shall be that the landscape plan
41 submitted with the Final PUD package is signed and sealed by a Registered
42 Landscape Architect.
43
44 10. A condition of approval shall be that prior to issuance of a St. Lucie County
45 Vegetation Removal Permit, a pre-clearing meeting be conducted with the
November 8, 2005
Page 4
Resolution No. 05-353
File No.: PUD-04-030 and RZ-04-034
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applicant's environmental consultant and the land clearing contractors to provide
educational materials (poster & pamphlets) to inform them of the protocol that
shall be followed should any of those species be encountered. Please note that
should any of those species be encountered during site construction, all work
shall be halted and a Florida Fish and Wildlife Conservation Commission
relocation permit shall be approved and relocation of the animal shall be
complete before site work can begin again.
11.A condition of approval shall be that, prior to the approval of a St. Lucie County
Vegetation Removal Permit, all preserve areas shall be barricaded per Section
4.01 of the approved Preserve Area Management and Monitoring Plan.
12. The applicant shall provide a notice in the sales contracts regarding the property
owners' maintenance responsibilities. The agreement for sales notice shall
clearly identify all native habitat, protection and penalties for preserves shall be
clearly identified and those restrictions and obligations be identified in the
agreement.
13. The proposed community center shall be built with:
· hurricane resistant glass
· and hurricane resistant doors
· an emergency generator.
B. The property on which this site plan approval is being granted is described below.
PARCEL 1:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3,
TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING EAST OF THE EAST
RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY; LESS
AND EXCEPTING THE NORTH 789.35 FEET THEREOF AND ALSO
LESS AND EXCEPTING THE CANAL AND ROAD RIGHTS-OF-WAY.
PARCEL 2:
THE SOUTHEAST % OF SECTION 3, TOWNSHIP 35 SOUTH, RANGE
39 EAST, LYING WEST OF THE EAST SECTION LINE, BY
OCCUPATION, LESS ALL CANAL RIGHTS-OF-WAY, ALL LYING AND
BEING IN ST. LCUIE COUNTY, FLORIDA.
Location:
West side of the Emerson Avenue right-of-way, about 1.5
miles northwest of the Orange Avenue and Kings Highway
Intersection.
November 8, 2005
Page 5
Resolution No. 05-353
File No.: PUD-04-030 and RZ-04-034
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C. This Preliminary Planned Unit Development Site Plan approval shall expire on
November 8, 2007, 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.
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, Paparone Homes of Florida Inc., 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, as applicable to the
proposed development activity prior to the issuance of any local building permits or
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 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.
G. ADOPTION
After motion and second, the vote on this resolution was as follows:
Chairperson Frannie Hutchinson
AYE
Vice Chairperson Doug Coward
AYE
Commissioner Chris Craft
AYE
Commissioner Paula A. Lewis
AYE
Commissioner Joe Smith
AYE
PASSED AND DULY ADOPTED this 8th day of November, 2005.
November 8,2005
Page 6
Resolution No. 05-353
File No.: PUD-04-030 and RZ-04-034
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13 ATTEST:
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.-.....,'.,
November 8, 2005
Page 7
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APPROVED AS TO FORM AND
CORRECTNESS:
1-\r. . 'It, ~
COUNTY ATTORNEY
Resolution No. 05-353
File No.: PUD-04-030 and RZ-04-034
, .
St Lucie County
Certificate of Capacity
Date 11/2/2005
Certificate No. 2234
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 Preliminary PUD
Number of units 458
Number of square feet
2. Property legal description & Tax ID no.
2303 - 3 13 -0010-0000 and 2303 -411-0010-0001
Old FF A Rd, .5 mi S. of Angle Rd
Sunny land Farms PUD
3. Approval: Building
Resolution No. 05-353
Letter
4. Subject to the following conditions for concurrency:
Subject to conditions cited in Res. No. 05-353
Owner's name
Roger E. Medema
Address
3500 Lantana Rd
Lantana
FL 334692
6. Certificate Expiration Date 11/8/2007
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.
Signed
&t ~d-
::I- 4¡) 'J. ~\\,".
Growth Management Director
St Lucie County, Florida
Date: 11/2/2005
Wednesday, November 02, 2005
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