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Home My WebLink About06-044 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 p EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 282539403/31/2006 at 03:56 PM OR BOOK 2523 PAGE 1632 -1639 Doc Type: RESO RECORDING: $69,50 RESOLUTION 06-044 F/KlA RESOLUTION 05-390 FILE NO: PUD-04-008/RZ-04-007 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE RS-4 (RESIDENTIAL, SINGLE-FAMILY - 4 DU/ACRE) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - EST ANCIA) ZONING DISTRICT AND PRELIMINARY PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS EST ANCIA - PLANNED UNIT DEVELOPMENT 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. Lotux Investments, LLC.. presented a petition for a Change in Zoning from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District to the PUD (Planned Unit Development - Estancia) Zoning District and Preliminary Planned Unit Development approval for the project to be known as Estancia - PUD for the construction of 80 family units to be located on 10.33 acres on property on the west side of South 25th Street, approximately X mile north of Edwards Road and X mile south of Cortez Boulevard. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements. 3. On October 20, 2005, 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 that the Board of County Commissioners deny the Change in Zoning from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District to the PUD (Planned Unit Development _ Estancia) Zoning District and Preliminary Planned Unit Development for the project to be known as Estancia - PUD, for the property depicted on the attached Maps as Exhibit "A" and described in Part B below. 4. On November 29, 2005, 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 Planned Unit Development approval for the project to be known Estancia - PUD. That meeting was continued to the February 21, 2006, Board of County Commissioners meeting. 5. On February 21, 2006, the public hearing on this item was heard. File No.: PUD-04-008/RZ-04-007 February 21,2006 Resolution 06-044 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 6. 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. 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 private 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 Preliminary Site Plan for the project to be known as Estancia - A Planned Unit Development, be and the same, is hereby approved as shown on the site plan drawings for the project prepared by David Lawrence Architects, dated February 14, 2006, and date stamped received by the St. Lucie County Growth Management Director on February 15, 2006, for the property described below, subject to the following conditions: 1. Prior to Final PUD approval, the developer, his successors or assigns, shall provide an updated Transportation Impact Report (TIR) for the project. The developer, his successors or assigns, shall also conduct a signal warrant study to determine if signalization is warranted at the intersection of Cortez Boulevard and South 25th Street. When signalization is warranted, the developer shall contribute a fair share of the costs to provide such signalization. The developer and St. Lucie County shall enter into a cost recovery agreement, if necessary, for the developer to obtain reimbursements for expenses in excess of the fair share contributions for the intersection signalization. 2. Prior to issuance of a St. Lucie County Vegetation Removal Permit, documentation that South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (USACOE) have approved File No.: PUD-04-008/RZ-04-007 February 21 , 2006 Resolution 06-044 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 the impacts to the 0.76 acre wetland and an approved mitigation plan must be submitted to the County. 3. Prior to issuance of a St. Lucie County Vegetation Removal Permit, a pre- clearing meeting shall be conducted with the clearing contractors to provide educational materials (poster & pamphlets) to inform them of the protocol that shall be followed should a gopher tortoise(s) be encountered. Should a gopher tortoise 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 all the tortoises is complete prior to the issuance of a St. Lucie County Vegetation Removal Permit for the site. 4. Prior to the approval of a St. Lucie County Vegetation Removal Permit, all preserve areas and individual trees shall be barricaded with highly visible orange safety fencing at ten feet from the edge of vegetation or dripline of tree, whichever is greater. 5. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the east 25 feet of the subject property for additional right-of-way for South 25th Street. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 6. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the west 30 feet of the subject property for additional right-of-way for South 27th Street. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 7. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the north 20 feet of the subject property for additional right-of-way for Brantley Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 8. Prior to the issuance of the first Building Permit for the proposed project, the petitioner, his successors or assigns, shall pave South 27th Street from the rear project access to Cortez Boulevard. File No.: PUD-04-00B/RZ-04-007 February 21,2006 Resolution 06-044 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 B. The property on which this Preliminary Planned Unit Development approval is being granted is described as follows: PARCELl THE SOUTHEAST Y. OF THE NORTHEAST Y. OF THE SOUTHEAST % OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING THE EAST 25 FEET. PARCEL II BEGIN AT THE NORTHWEST CORNER OF THE SOUTHEAST % OF THE NORTHEAST Y. OF THE SOUTHEAST % OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST, THENCE, RUN EAST 242.5 FEET; THENCE, RUN SOUTH 225 FEET; THENCE, RUN WEST 242.5 FEET; THENCE, RUN NORTH 225 FEET TO THE POINT OF BEGINNING. PARCEL III BEGIN 242.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST % OF THE NORTHEAST % OF THE SOUTHEAST Y. OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE, RUN EAST 217.5 FEET; THENCE, RUN SOUTH 235 FEET; THENCE, RUN WEST 435 FEET; THENCE, RUN NORTH 10 FEET; THENCE, RUN EAST 217.5 FEET; THENCE, RUN NORTH 225 FEET TO THE POINT OF BEGINNING. (Tax ID#'s: 2420-414-0001-000/4; 2420-414-0002-000/1; and, 2420-414-0003-000/8) (Location: West side of South 25th Street, approximately % mile north of Edwards Road and Y. mile south of Cortez Boulevard) C. This Preliminary Planned Unit Development approval shall expire on February 21, 2008, 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. 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 Growth Management Director. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward AYE Vice-Chairman Chris Craft AYE File No.: PUD-04-008/RZ-04-007 February 21,2006 Resolution 06-044 Page 4 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 Commissioner Paula A. Lewis AYE Commissioner Joseph E. Smith AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 21st Day of February 2006. ... BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ~:t(2J} ATTEST: hf H :\WORD\Petitions\BCC\F IN ISHED, 06\EstanciaPreliminaryPUD. PD\EstanciaPreliminaryPU D-RES.doc File No.: PUD-04-008/RZ-04-007 February 21, 2006 Resolution 06-044 Page 5 1 2 3 4 EXHIBIT "A" 5 6 7 . General Location Map 8 · Area Subject to Preliminary Planned 9 Unit Development Approval 10 . Site Plan Graphics 11 12 13 14 15 16 17 18 File No.: PUD-04-008/RZ-04-007 February 21,2006 Resolution 06-044 Page 6 ~ p'dp,w6",qo) c: ::J o Ü m > ä:: c: '" 'õ .E t) '... 0 ,....J 0 .....J I ~ en 0 +-' c: N Q) 0:: 1.0 E ¡.w ~1¡ 0 oð z.~ 0 +-' IE N en . ...... 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