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HomeMy WebLinkAbout06-052 C Ff\v .1,): C,/Î,ô ~\-, (nlô ~If\ pu,,) 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 RESOLUTION NO. 06-052 FILE NO.: PUD-05-014 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL 1 DUlACRE) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - PLANTATION ACRES) ZONING DISTRICT AND PRELIMINARY PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS PLANTATION ACRES - 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. Plantation Acres, LLc, presented a petition for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Plantation Acres) Zoning District and Preliminary Planned Unit Development approval for the project to be known as Plantation Acres - PUD for a 46 single-family residential subdivision to be located on 46.28 acres on property on the west side of Koblegard Road, approximately 1/2 mile north of Indrio Road. 2. 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. The proposed project is not increasing the density or intensity presently allowed under the St. Lucie County Comprehensive Plan and Land Development Regulations and is not in conflict with the Stop Gap Ordinance (Ordinance No. 2005- 016). 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. 3. On March 16, 2006, 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 approve the Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Plantation Acres) Zoning District and Preliminary Planned Unit Development for the project to be known as Plantation Acres - PUD, for the property depicted on the attached Maps as Exhibit "A" and described in Part B below. 4. On April 18, 2006, 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 Plantation Acres - PUD. EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2861800 05/19/2006 at 03:36 PM OR BOOK 2568 PAGE 601 - 610 Doc Type: RESO RECORDING: $86.50 Resolution No. 06-052 Page 1 File No.: PUD-05-014 April 18, 2006 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 5. 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. 6. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 7. 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. 8. The individual lots of the proposed project will be served by well and septic systems 9. The applicant is not requesting to reserve roadway capacity with this preliminary development approval. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05(A) of the St. Lucie County Land Development Code, the Preliminary Planned Unit Development Plan for the project to be known as Plantation Acres - Planned Unit Development, and is hereby approved as depicted on the site plan drawings for the project prepared by Land Design South, dated June 21, 2005, last revised October 21, 2005, and date stamped received by the St. Lucie County Growth Management Director on March 2, 2006, subject to the following conditions: 1. Prior to Final Planned Unit Development approval, the Developers, its successors and assigns, shall resolve the following issues to the satisfaction of the Board of County Commissioners: a. Road Connectivity including Avenue D and Kings Highway b. Paved access to the project c. Identification of future road connections on the final plat d. Payment of fair share contribution for roadway and infrastructure improvements e. Flow way connectivity f. Use of Roads, Flow way, Path by the public with maintenance by the homeowners' association g. Increased buffer and setback on the north property h. Include traffic analysis of the intersection of Emerson Avenue and Indrio Road i. Compatibility of proposed use with adjacent agriculture 2. A condition of approval of the Final PUD shall be that the developers, its successors and assigns, shall limit the hours of construction of the development File No.: PUD-05-014 April 18 , 2006 Resolution No. 06-052 Page 2 1 2 3 4 5 6 7 8 B. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 C. 28 29 30 31 32 D. 33 34 35 36 37 38 39 40 41 42 E. 43 44 45 46 47 between 7 a.m. and 5:30 p.m., Monday through Friday, and 7 a.m. and 1 p.m. on Saturday. 3. Prior to Final PUD approval, a littoral planting plan, sufficiently addressing the policy requirements found in Conservation Policies 8.1.2.5 and 8.1.4.4 of the County's Comprehensive Plan, shall be submitted for review. The property on which this site plan approval is being granted is described as follows: PARCELl THE EAST 3/4 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 8, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS RIGHT-OF-WAY FOR FORT PIERCE FARMS WATER CONTROL DISTRICT OVER THE SOUTH 40 FEET AND LESS ROAD RIGHT-OF-WAY OVER THE EAST 30 FEET AND THE NORTH 25 FEET. PARCEL II THE SOUTH 1/2 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 9, TOWHNSHIP 34 SOUTH, RANGE 39 EAST, LESS ROAD RIGHT-OF-WAY FOR FORT PIERCE WATER CONTROL DISTRICT CANAL OVER THE SOUTH 45 FEET AND LESS ROAD RIGHT-OF-WAY OVER THE EAST 30 FEET. ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. (Location: West side of Kobelgard Road, approximately 1/2 mile north of Indrio Road) This Preliminary Planned Unit Development Site Plan approval shall expire on April 18, 2007, unless an extension is granted in accordance with Section 11.02.06(B)(3), SI. Lucie County Land Development Code or Final Planned Unit Development Approval has been granted. The Preliminary Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Plantation Acres, LLc, 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 Corps 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 Part A are an integral non-severable part of the site plan approval granted by this Resolution. If any condition set forth in Part 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. File No.: PUD-05-014 April 18, 2006 Resolution No. 06-052 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 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 SI. Lucie County Growth Management Director. G. A copy of this Resolution shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. H. This Resolution shall be recorded in the Public Records of SI. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward AYE Vice-Chairman Chris Craft AYE Commissioner Joseph E. Smith AYE Commissioner Frannie Hutchinson AYE Commissioner Paula A. Lewis AYE PASSED AND DULY ADOPTED this 18th day of April 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY -1:i- (!-j'- , ATTEST APPROVED AS TO FORM AN)O.RR~cTNES - ,i(µj, J /., ,tj , " Deputy Clerk ar H:IDevelopment Projects 20051PUDlPlantation Acres - PUDlBOCCIPlantation Acres RES06052.doc File No.: PUD-05-014 April 18, 2006 Resolution No. 06-052 Page 4 1 2 3 4 File No.: PUD-05-014 April 18, 2006 Exhibit A Maps Resolution No. 06-052 Page 5 c " '.~,~ '1 . "" , " o,o",wOS " '''''°'''3 " "~O ,. ""..""" '"' ë " 0 Ü i¡; > ¡¡; . 0 ro 'õ J -" ~ - () ! Q) Q) :õ' c. :::J e 00 a. 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