HomeMy WebLinkAbout06-051
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 2842457 Q4f27/2006 a112: 1! PM
OR BOOK 2546 PAGE 2066 - 2075 Doc Type: RESO
RECORDING: $86.50
1 RESOLUTION 06-051
2 File Number: PUD-oS-028 and RZ-04-034
3
4 A RESOLUTION GRANTING FINAL PLANNED UNIT
5 DEVELOPMENT SITE PLAN APPROVAL FOR THE
6 RESIDENTIAL PROJECT KNOWN AS SUNNYLAND FARMS
7 PUD AND A CHANGE IN ZONING FROM THE AG-1
8 (AGRICULTURAL, 1 DUlAC) ZONING DISTRICT TO THE PUD
9 (PLANNED UNIT DEVELOPMENT - SUNNYLAND FARMS)
10 ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE
11 COUNTY, FLORIDA
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13 WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, based on the
14 testimony and evidence, including but not limited to the staff report, has made the following
15 determinations:
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17 CHANGE IN ZONING
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19 1. Paparone Homes of Florida Inc., presented a petition for a change in zoning from
20 the AG-1 (AGRICULTURAL, 1 DUlAC) Zoning District to the PUD (PLANNED UNIT
21 DEVELOPMENT - SUNNYLAND FARMS) Zoning District for certain property in SI.
22 Lucie County, Florida.
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24 2. On September 15, 2005, the SI. Lucie County Planning and Zoning Commission
25 held a public hearing on the petition of Paparone Homes of Florida Inc., for a
26 change in zoning from the AG-1 (AGRICULTURAL, 1 DUlAC) Zoning District to the
27 PUD (PLANNED UNIT DEVELOPMENT - SUNNYLAND FARMS) Zoning District,
28 after publishing a notice of such hearing in the Fort Pierce Tribune and notifying by
29 mail all property owners within 500 feet of the property boundaries and
30 recommended to this Board that the requested change in zoning be granted.
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32 3. On March 21, 2006, this Board held a public hearing on the petition of Paparone
33 Homes of Florida Inc, for a change in zoning from the AG-1 (AGRICULTURAL, 1
34 DUlAC) Zoning District to the PUD (PLANNED UNIT DEVELOPMENT -
35 SUNNYLAND FARMS) Zoning District after publishing a notice of such hearing in
36 the Tribune and notifying by mail all owners of property within 500 feet of the
37 subject property and granted final approval to the property described below be
38 granted.
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40 4. The proposed change in zoning is consistent with the goals, objectives, and policies of
41 the SI. Lucie County Comprehensive Plan and has satisfied the requirements of
42 Section 11.06.03 of the SI. Lucie County Land Development Code.
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45 SITE PLAN
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47 5. The petitioner is proposing the construction of a 458 unit residential project to be
48 located on lands along the west side of Laidback Way (formerly known as Emerson
March 21 , 2006
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Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
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Avenue), approximately Y. mile north of Orange Avenue, immediately north of the
Palm Breezes Club PUD, and as more particularly described in Part D Below.
6. The Development Review Committee has reviewed the Planned Unit Development
Site Plan for the proposed project and found it to meet minimum technical
requirements, subject to the conditions set forth in Part C of this Resolution.
7. On September 15, 2005, the SI. 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 to this Board that Preliminary Development Plan approval for the
project to be known as Sunnyland Farms - PUD, be granted.
8. On November 8, 2005, this Board held a public hearing on the petition of Paparone
Homes of Florida Inc., for Preliminary PUD approval after publishing a notice of
such hearing and notifying by mail all owners of property within 500 feet of the
subject property, and granted, through Resolution 05-353, Preliminary Planned Unit
Development Site Plan approval, subject to 13 special conditions, for the property
described in Part D below.
9. 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.
10. 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.
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. 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.
13. The proposed project will be served by adequate public facilities and services.
14. A Certificate of Capacity, was granted on November 2, 2005, subject to conditions
set forth in Resolution 05-353.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida:
CHANGE IN ZONING
A. The proposed change in the Zoning District for that property described as follows:
March 21 , 2006
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Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
1 PARCEL 1:
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3 THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP
4 35 SOUTH, RANGE 39 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY
5 LINE OF THE SUNSHINE STATE PARKWAY; LESS AND EXCEPTING THE
6 NORTH 789.35 FEET THEREOF AND ALSO LESS AND EXCEPTING THE
7 CANAL AND ROAD RIGHTS-OF-WAY.
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9 PARCEL 2:
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11 THE SOUTHEAST Y. OF SECTION 3, TOWNSHIP 35 SOUTH, RANGE 39
12 EAST, LYING WEST OF THE EAST SECTION LINE, BY OCCUPATION, LESS
13 ALL CANAL RIGHTS-OF-WAY, ALL LYING AND BEING IN ST. LCUIE
14 COUNTY, FLORIDA.
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16 Location: West side 01 the Emerson Avenue right-ol-way, about 1.5 miles northwest
17 01 the Orange Avenue and Kings Highway Intersection.
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19 ParceIID#- 2303-411-0010-0001 and 2303-313-0010-0000
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21 owned by Sunnyland Farms LLC, is hereby changed from the AG-1 (Agricultural, 1
22 DUlAC) Zoning District to the PUD (Planned Unit Development - Sunnyland Farms)
23 Zoning District.
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26 B. The SI. Lucie County Growth Management Director is hereby authorized and directed
27 to cause the change to be made on the Official Zoning Map of SI. Lucie County,
28 Florida, and to make notation of reference to the date of adoption of this resolution.
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30
31 SITE PLAN
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34 C. Pursuant to Section 11.02.05(B) of the SI. Lucie County Land Development Code, the
35 Final Planned Unit Development Plan for the project to be known as Sunnyland
36 Farms - A Planned Unit Development be, and the same is hereby, approved as
37 shown on the site plan drawings for the project prepared by Thomas Lucido &
38 Associates, PA dated April 6, 2004, subsequently revised through February 24,
39 2006.. and date stamped received by the SI. Lucie County Growth Management
40 Director on March 3, 2006, subject to the following conditions:
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42 1. The conditions of approval found in Resolution 05-353 are herby repealed and
43 amended as follows:
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45 2. Prior to the recording of any Final Planned Unit Development approval for the
46 project, the applicant (aka Developer), successors, or assigns shall have
47 entered into an agreement with SI. Lucie County to provide certain
48 improvements to roadways, including bike paths and sidewalks where feasible,
49 required to address this projects impacts on the County's roadway network.
50 The Agreement will include the details about specific cases where the
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Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
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applicant can recover funds. The following include, but are not limited to the
improvements required to be addressed in the agreement:
a. Prior to the recording of the plat for Phase I of the project, the applicant,
successors, or assigns, shall either construct or post a bond for the
construction of paved improvements to Laidback Way (Emerson Avenue)
from Orange Avenue to Sunnyland Drive as a two-lane facility, including
the construction of both right and left turn lanes on Laidback Way at
Orange Avenue and a right and left turn lane on Laidback Way at
Sunnyland Drive. In the event the applicant, successors, or assigns,
elects to post a bond, the Developer shall enter into the County's
standard Subdivision Improvement Agreement, which will require
substantial completion of the Road Improvement within twelve (12)
months from the date of the Subdivision Improvement Agreement.
The Developer also shall post security for the estimated costs for the
realignment of the offset 50' right-of-way roadway section to be consistent
with the proposed 80' roadway section along Laidback Way. Said security
shall be in a form acceptable to the County Attorney and shall be posted
prior to the issuance of the first building permit for a dwelling unit, not
including models. In the event the County is able to obtain the deficient
right-of-way following construction of the Road Improvements by
Developer, the County may use the security posted by Developer to
construct the realignment, and Developer shall have no financial
obligations beyond the amount of the security. In the event that the other
undeveloped lands fronting the 50' right-of-way are proposed for
development following construction of Laidback Way by Developer, the
County will seek to require the developer(s) of such other undeveloped
lands to pay for the realignment costs described herein. If the County is
successful in requiring a commitment from others to bear the realignment
costs, the County shall then release Developer's posted security. Impact
fee credit shall be granted for the construction of these improvements,
pursuant to the County's Road Impact Fee Ordinance for non-site related
improvements.
b. Prior to recording the plat for Phase I of the project, the applicant,
successors, or assigns shall either construct or post a bond for the
construction of a two-lane facility known as Sunnyland Drive from
Laidback Way from the east through the development property west to a
point where Sunnyland Drive intersects with the phasing line for Phase III,
as shown on the project site plan. Right turn lanes shall be provided on
Sunnyland Drive at Champions Drive and Colts Run, and a right turn lane
shall be provided into the Recreation Parcel on Sunnyland Drive. In the
event the Developer elects to post a bond, the Developer shall enter into
the County's standard Subdivision Improvement Agreement, which will
require substantial completion of the Road Improvement within twelve
(12) months from the date of the Subdivision Improvement Agreement.
Impact fee credit shall be granted for the construction of these
March 21, 2006
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improvements pursuant to the County's Road Impact Fee Ordinance for
non-site related improvements.
c. Upon the completion Sunnyland Drive, the applicant, successors, or
assigns, shall convey in manner and form acceptable to the SI. Lucie
County Attorney, Sunnyland Drive to SI. Lucie County for perpetual
ownership and maintenance purposes. Nothing in this requirement shall
prevent or preclude the developer, his Successors Or Assigns, from
entering into an agreement with SI. Lucie County for the long-term
maintainence of the landscaping and hardscape improvements.
d. Prior to recording the plat for Phase I of the project, the applicant,
successors, or assigns shall post a bond and enter into a Subdivision
Improvement Agreement to design, permit and construct the remaining
portion of Sunnyland Drive to be constructed as part of Phase III of the
Project. The bond shall remain in effect until construction is complete. In
the event that the Developer conveys a portion of the Project to the SI.
Lucie County School District for purposes of a school site, the Developer
shall construct as a two-lane facility Sunnyland Drive from the phasing
line of Phase III to a point at the property line of the Project in an
alignment provided to the Developer by the SI. Lucie County School
District, and approved by the County and any portion of the bond for the
construction of Sunnyland Drive remaining shall be released and returned
to the Developer. If, however, the SI. Lucie County School District is
unable to successfully obtain a commitment from other developers to
bear the realignment costs of Sunnyland drive to the north of the
Sunnyland Farms property, then the remaining portion of the bond for the
construction of Sunnyland Drive shall be applied to the construction of
that portion of Sunnyland Drive which is not located on the Sunnyland
Farms Property, and any unused portion of the bond shall be returned to
the Developer. Should the SI. Lucie County School Board elect not to use
a portion of the Project for a school site by June 30, 2008, then the
Developer shall construct as a two-lane facility the remaining portion of
Sunnyland Drive west through Phase III of the development property to
Old FFA Road.
e. Prior to recording the plat for Phase III of the Project, the applicant,
successors or assigns shall construct a two-lane facility for Old FFA Road
from Sunnyland Drive north to the south right-of-way line of the North SI.
Lucie River Water Control District Canal No. 43 as shown on the project
site plan. Impact fee credit shall be granted for the construction of these
improvements, pursuant to the County's Road Impact Fee Ordinance for
non-site related improvements. Prior to the recording of the Plat for
Phase I, the Developer shall post a bond, and enter into a Subdivision
Development Agreement, in an amount and form acceptable to the
County for the construction of Old FFA Road as described above.
However, in the event that the Developer conveys a portion of the Project
to the SI. Lucie County School District for purposes of a school site, the
Developer shall not be required to construct that certain portion of Old
March 21, 2006
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Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
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FFA Road from Sunnyland Drive north to the south right-of-way line of the
North SI. Lucie River Water Control District Canal No. 43, and any bond
for the construction of Old FFA Road shall be released and returned to
the Developer. However, in the event that the SI. Lucie County School
District is unable to successfully obtain a commitment from other
developers to bear the realignment costs of Sunnyland Drive to the north
of the Sunnyland Farms property then the bond for the construction of Old
FAA Road shall be applied to the construction of the realigned Sunnyland
Drive, and any unused portion of the bond shall be returned to the
Developer.
f. The applicant, successors, or assigns shall design, permit and obtain cost
estimates for the construction of the ultimate intersection improvements at
Kings Highway and Orange Avenue. The improvements to be designed
and permitted will include reconstruction of the existing two-lane
roadways approaching the intersection to four-lane divided urban
sections. The limits of the design and permitting shall be to provide the
ultimate four-lane section through the end of the associated turn lane
tapers for the ultimate four-lane turning movement configuration for each
leg of the intersection. The design and permitting shall include the
required tapers from the four-lane design to match existing travel lanes.
The north leg of the intersection shall provide the ultimate four-lane
section to just north of the northern access point for the Flying "J" Truck
Stop. The project will include the design of detention ponds and the
determination of additional right-of-way needs to complete the Project.
The design limits for the Project shall be as follows:
North Leg:
South Leg:
West Leg:
East Leg:
2,000 linear feet
1 ,200 linear feet
1 ,200 linear feet
300 linear feet
·
·
·
·
The contract for the design, permitting and cost estimate shall be let and
a surety in the amount of 110 percent of the contract shall be posted with
the County within one hundred eighty (180) days of final approval of this
agreement. The design work and permitting for the intersection shall be
substantially completed by no later than December 31, 2007, subject to
permitting by regulatory authorities other than the County. Impact fee
credit shall be granted for the costs of these designs, permitting and cost
estimates pursuant to the County's Road Impact Fee Ordinance.
g. Prior to recording the plat for Phase II of the Project, the applicant,
successors, or assigns shall conduct a signal warrant study at the
intersection of Rock Road and Orange Avenue. If the warrant study
determines that a signal is warranted, the Developer shall design and
construct the signalization improvements at the Orange Avenue and Rock
Road intersection ("Signalization"). The applicant, successors, or assigns
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Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
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shall be granted impact fee credit for these improvements pursuant to the
County's Road Impact Fee Ordinance.
3.
In conjunction with the construction of Sunnyland Drive (Phase I of the project
construction) the applicant, successors, or assigns shall also provide for the
construction of a temporary emergency accessway that connects into Old FFA
Road. The location of this temporary emergency accessway shall be agreed
to with the SI. Lucie County Fire District and shall remain in place until such
time as Sunnyland Drive is extended into Old FAA Road, along whatever
alignment is finally agreed to pursuant to the other conditions of approval
related to this project, as found in this Resolution.
This emergency access may be secured to prevent general through traffic
movements, provided that the SI. Lucie County Fire District is provided with an
approved means of egress through any access restrictions.
4.
The indicated emergency accessways connecting Phase I and Phase II to
Sunnyland Drive shall be constructed in a manner so as to provide for "all
weather" access. "All weather" access does not include the use of stabilized
grass surfaces. Specific construction details on these accessways shall be
required as part of the final construction plan authorizations for the required
infrastructure for this community.
5.
Prior to recording the plat for Phase I of the project the applicant, successors,
or assigns, shall provide to the County, copies of the executed final utility
service agreement with FI. Pierce Utility Authority, indicating all developer
obligations, including schedules associated with servicing this site.
6.
The applicant, successors, or assigns shall, within thirty (30) days of written
request by the SI. Lucie County School Board (the "School Board"), convey a
portion of the property located within Phase III to the School Board for use as
a school site. The conveyance of the property to the School Board shall be
conditioned upon, (i) the Developer having received all permits and approvals
for the Project from all agencies having jurisdiction over the Project, (ii) the
School Board making such a request, in writing, by no later than June 30,
2008, (iii) the conveyance of property to the School Board not exceeding ten
(10) acres in size, the legal description of which shall be agreed between the
School Board and the developer, and (iv) the donation of any portion of the
property to the School Board shall not require an amendment to the PUD
Agreement or approved Final Site Plan and shall be considered consistent
with the approved Final Site Plan; notwithstanding the fact that such a
donation will result in a reduction of open space acres from that shown on the
Sunnyland Farms PUD Site Plan. Following any donation to the School Board,
the Sunnyland Farms PUD shall continue to provide the minimum open space
and upland habitat as required by the SI. Lucie County Land Development
Code, any open space and native habitat to be maintained on the School
Board site, within the boundary of Phase III, shall count towards Sunnyland
Farms site plan requirements. In no case shall the open space or native
upland habitat in Phase III be reduced by more than the acreage donated to
March 21, 2006
Page 7
Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
1 the SI. Lucie County School Board. In the event the School Board makes such
2 a request, an impact fee credit agreement shall be entered into between the
3 Developer, or its assigns, and the School Board, which shall provide for the
4 appropriate impact fee credits to the Developer calculated as provided in the
5 governing policies of the School Board and the education facilities impact fee
6 ordinance.
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8 7. The irrigation system within this project shall be designed to accept reuse
9 water from the Fort Pierce Utilities Authority, or other duly recognized utility
10 authority or district, as the preferred method of irrigation.
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12 8. As part of the final plating of any phase of this project, all areas depicted as
13 being a "conservation easement" shall be made in favor of SI. Lucie County.
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15 9. Prior to issuance of a SI. Lucie County Vegetation Removal Permit, a pre-
16 clearing meeting be conducted with the applicant's environmental consultant
17 and the land clearing contractors to provide educational materials (poster &
18 pamphlets) to inform them of the protocol that shall be followed should any of
19 those species be encountered. Please note that should any of those species
20 be encountered during site construction, all work shall be halted and a Florida
21 Fish and Wildlife Conservation Commission relocation permit shall be
22 approved and relocation of the animal shall be complete before site work can
23 begin again.
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25 10. Prior to the approval of a SI. Lucie County Vegetation Removal Permit, all
26 preserve areas shall be barricaded per Section 4.01 of the approved Preserve
27 Area Management and Monitoring Plan.
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29 11. The applicant, successors, or assigns shall provide notice in all sales contracts
30 to all purchasers in the Sunnyland Farms PUD regarding the property owners'
31 maintenance responsibilities of all areas of preservation and protection shown
32 on the project site plans. The notice shall clearly identify all native habitat
33 protection requirements and penalties for impacting areas of preserve.
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35 12. The proposed community center shall be built with:
36 . hurricane resistant glass; and
37 . hurricane resistant doors; and
38 . an emergency generator.
39
40
41 D. The property on which this site plan approval is being granted is described below.
42
43 PARCEL 1:
44 THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 35 SOUTH,
45 RANGE 39 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF THE
46 SUNSHINE STATE PARKWAY;
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48 LESS AND EXCEPTING THE NORTH 789.35 FEET THEREOF AND ALSO LESS AND
49 EXCEPTING THE CANAL AND ROAD RIGHT-OF-WAYS OF RECORD.
50
March 21, 2006
Page 8
Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034
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PARCEL 2:
THE SOUTHEAST Y. 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 01 the Emerson Avenue right-ol-way, about 1.5 miles northwest 01
the Orange Avenue and Kings Highway Intersection.
This Final Planned Unit Development Site Plan approval shall expire on March 21,
2008, unless an extension is granted in accordance with Section 11.02.06(B)(3), SI.
Lucie County Land Development Code, or an approved Developers Agreement.
The Final Planned Unit Development 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 D.
The conditions set forth in Part C 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.
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 Growth Management
Department.
ADOPTION
After motion and second, the vote on this resolution was as follows:
Chairperson Doug Coward
AYE
Vice Chairperson Chris Craft
AYE
Commissioner Frannie Hutchinson
AYE
Commissioner Paula A. Lewis
AYE
Commissioner Joe Smith
AYE
March 21, 2006
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Resolution No. 06-051
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PASSED AND DULY ADOPTED this 21st day of March, 2006.
BOARD OF COUNTY COMMISSIONERS
ST, LUCIE COUNTY, FLORIDA
BY
~~t.Ç2::.t
c.
ATTEST:
APPROVED AS TO FORM AND
CORRECTNESS:
CO
March 21, 2006
Page 10
Resolution No. 06-051
File No.: PUD-05-028 and RZ-04-034