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HomeMy WebLinkAbout05-468 0:vyio' Gmt , , pt,ùþ ~îrß ¡:,iì RESOLUTION 05-468 FORMERLY NO. 05-395 FILE NO.: RZ-43-433 & PUD-43-422 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 51 52 53 54 55 A RESOLUTION GRANTING A CHANGE IN ZONING FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA AND PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS WATERSONG SOUTH. WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: CHANGE IN ZONING 1. Ginn LA. SI. Lucie. Ltd.. LLLP. presented a petition for a Change in Zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the PUD (Planned Unit Development - Watersong South) Zoning District for certain property in SI. Lucie County, Florida, the purpose of which is to receive Final Planned Unit Development approval for a 18 single family dwelling unit lot subdivision East side of State Road A-1-A, approximately 3 miles north of the FPL Nuclear Power Planl. 2. On November 17, 2005, the SI. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published in the Tribune and Port SI. Lucie News and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to this Board that the requested Change in Zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the PUD (Planned Unit Development) Zoning District, be granted. 3. On December 6, 2005, this Board held a public hearing on the petition of Ginn-LA, SI. Lucie, Ltd., LLLP, after publishing a notice of such hearing in the Tribune and the Port SI. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. 4. The proposed zoning change is consistent with the SI. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the SI. Lucie County Land Development Code. SITE PLAN 5. On December 6, 2005, this Board held a public hearing on the petition of Ginn LA, SI. Lucie, Ltd., LLLP for Preliminary and Final Planned Unit Development approval for Watersong South PUD, after publishing a notice of such hearing in the Tribune and Port SI. Lucie News and notifying by mail all owners of property within 500 feet of the subject property. 6. The petitioner, Ginn LA, SI. Lucie, Ltd., LLLP, is now seeking Preliminary and Final Planned Unit Development site plan approval for the project known as Watersong South PUD. 7. The Development Review Committee has reviewed the Preliminary and 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 SI. Lucie County Comprehensive Plan, subject to the conditions set forth in Part C of this Resolution. 8. 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. EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 28793470611412006 at 09:44 AM OR BOOK 2588 PAGE 1812 - 1823 Doc Type: RESO RECORDING: $103.50 ~esolution 05-468 Page 1 File No.: RZ-{)3-{)33 & PUD-03-{)22 December 6, 2005 1 9. The proposed project will not have an undue adverse effect on adjacent property, the character of 2 the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public 3 health, safety and general welfare. 4 5 10. All reasonable steps have been taken to minimize any adverse effect of the proposed project on 6 the immediate vicinity through building design, site design, landscaping, and screening. 7 8 11. The proposed project will be constructed, arranged and operated so as not to interfere with the 9 development and use of neighboring property, in accordance with applicable district regulations. 10 11 12. The proposed project will be served by adequate public facilities and services. 12 13 13. The applicant has demonstrated that water supply, evacuation facilities, and emergency access are 14 satisfactory to provide adequate fire protection. 15 16 14. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the 17 Assistant Growth Management Director on December 6, 2005. 18 19 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, 20 Florida: 21 22 CHANGE IN ZONING 23 24 A. The property on which the Change in Zoning from the HIRD (Hutchinson Island Residential 25 District) Zoning District to the PUD (Planned Unit Development - Watersong South) is being 26 granted is described as follows: 27 28 PARCEL 1 29 30 THE NORTH 599.00 FEET OF THE SOUTH 2,100.00 FEET OF SECTION 32, 31 TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA, 32 BEING A PART OF GOVERNMENT LOTS 3 AND 4 OF SAID SECTION 32, AND 33 BEING BOUNDED ON THE SOUTH BY A LINE LYING 3,600 FEET SOUTH OF 34 THE NORTH LINE OF SECTION 32 AND LYING BETWEEN THE INDIAN RIVER 35 ON THE WEST AND THE ATLANTIC OCEAN ON THE EAST; LESS THE 36 FOLLOWING DESCRIBED PROPERTY: 37 38 A STRIP OF LAND 100.00 FEET WIDE SITUATE OVER, THROUGH AND 39 ACROSS THE NORTH 600.00 FEET OF THE SOUTH 2,100 FEET OF SECTION 40 32, TOWNSHIP 35 SOUTH, RANGE 41 EAST; SAID STRIP OF LAND LYING 41 EACH SIDE OF AND WITHIN 50.00 FEET OF THE BASELINE OF SURVEY 42 ACCORDING TO THE RIGHT-OF-WAY MAP OF SECTION 9405-107, STATE 43 ROAD A-1-A, AS FILED IN MAP BOOK 1, PAGE 33, IN THE OFFICE OF THE 44 CLERK OF CIRCUIT COURT, ST. LUCIE COUNTY, FLORIDA, A PART OF SAID 45 BASELINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 46 47 BEGINNING AT A POINT ON THE SOUTH LINE OF AND 29.31 FEET WEST OF 48 THE SOUTHEAST CORNER OF GOVERNMENT LOT 6 OF SAID SECTION 32; 49 RUN NORTH 22°37'23" WEST, A DISTANCE OF 2841.00 FEET TO THE NORTH 50 LINE OF AND 227.16 FEET EAST OF THE NORTHWEST CORNER OF 51 GOVERNMENT LOT 4 OF SAID SECTION 32. 52 53 PARCEL 2 54 55 THE NORTH 180.00 FEET OF THE SOUTH 2,280.00 FEET OF SECTION 32, 56 TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA, File No.: RZ-03-033 & PUD-{)3-{)22 December 6, 2005 Resolution 05-468 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 50 51 52 53 54 55 56 57 58 LESS THE RIGHT-OF-WAY OF STATE ROAD A-1-A. Location: East side of State Road A-1-A, approximately 3 miles north of the FPL Nuclear Power Plant. B. A copy of this Resolution shall be attached to the site plan drawings described in Part B, which plan shall be placed on the file with the 51. Lucie County Growth Management Director. c. A copy of the Certificate of Capacity issued pursuant to this rezoning is attached. SITE PLAN D. Pursuant to 5ection 11.02.05(B) of the 51. Lucie County Land Development Code, the Final 5ite Plan for the project to be known as Watersong South PUD, be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by East Bay Group, LLC., on October 6, 2005, and date stamped received by the 51. Lucie County Growth Management Director on November 3, 2005, subject to the following conditions: 1. Prior to the issuance of a 51. Lucie County Vegetation Removai Permit, the developer, his successors or assigns shall deed the west 12.57 acres of land on the west side of 5R A-1-A to 51. Lucie County in a form and manner acceptable to the County Attomey. 2. Prior to issuance of a 51. Lucie County Vegetation Removal Permit, written authorization from the Florida Department of Environmental Protection Bureau of Beaches and Coastal Division for construction seaward of the Coastal Construction Control Line must be provided to 51. Lucie County. 3. Prior to issuance of a 51. Lucie County Vegetation Removal Permit, the developer, his successors or assigns shall submit a plan acceptable to 51. Lucie County Environmental Resource Department maximizing the installation of native habitat in the landscape buffer adjacent to the Wettand Preserve Area Tract 2. E. The property on which this site plan approval is being granted s described in Part A. F. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on December 6, 2007. unless the developer has obtained a Final Plat approval for the site plan/subdivision described in Part B or an extension has been granted in accordance with 5ection 11.06.06(B)(3), 51. Lucie County Land Development Code. Unless otherwise addressed through the project's final construction plans, all primary infrastructure work for this subdivision plat shall be completed no later than December 6,2007. G. The Preliminary and Final Planned Unit Development 5ite Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Ginn LA, 51. Lucie, Ltd., LLLP, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate 5tate and Federal regulatory authorities, including but not limited to; the United 5tates Army Corp of Engineers, the Florida Department of Environmental Protection, and the 50uth Florida Water Management District, prior to the issuance of any local building permit of authorizations to commence development activities on the property described in Part A. H. The conditions set forth in Part B are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in 5ection B is detennined to be invalid or unenforceable for any reason and the developer declines to compty voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. I. A copy of this Resolution shall be attached to the site plan drawings described in Part B, which plan shall be placed on file with the 51. Lucie County Growth Management Director. File No.: RZ-{)3-{)33 & PUD-{)3-{)22 December 6, 2005 Resolution 05-468 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 51 52 53 54 55 56 57 58 59 60 61 62 63 64 After motion and second, the vote on this resolution was as follows: Chairman Doug Coward Vice-Chairman Chris Craft Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Frannie Hutchinson AYE AVE AYE ABSENT PASSED AND DUL V ADOPTED this 6th day of December, 2005. AVE ."," ',""':.' ?,:r... (ulT (0(1 /:~._ ,-,\~' 1(1- ,.,. ...---....,,' ." '-'-~~-,7:\.-_._ ""-. ""~ . /i. '--~, '. \ .. ~V [:1 _ -' ',:., \. i :~'tJ ~'í. ~. . ¡ , , ¡ ~¿;,:~z lap H:\Planning\WatersongSouth\Resolution05-468.doc File No.: RZ-{)3-{)33 & PUD-{)3-{)22 December 6, 2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY -IJ~1c?-Þ Chatfman APPROVED AS TO FORM AND CORRECTNESS ~ ~4J-.~ 1\... County Attorney ~ Resolution 05-468 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Exhibit A 20 . Certificate of Capacity 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 File No.: RZ-{)3-{)33 & PUD-03-{)22 December 6, 2005 Resolution 05-468 Page 5 St Lucie County Certificate of Capacity Date 12/8/2005 Certificate No. 2300 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 & Final Planned Unit Developmen Number of units 18 Number of square feet 2. Property legal description & Tax 10 no. 2532-311-0001-000/2 E Side of SR A-I-A, approx. 3 mi. N of FPL Watersong South PUD 3. Approval: Building Resolution No. 05-468 Letter ] 2/08/05 4. Subject to the following conditions for concurrency: Three conditions described in Resolution 05-468 Owner's name Ginn LA, St. Lucie, L TO, LLLP Address 3228 SW Martin Downs Blvd Palm City FL 34990 6. Certificate Expiration Date 12/8/2007 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. S;,'OO ~ < ~ f'D"" 6151200. Growth Management Director St Lucie County, Florida Monday, June 05, 2006 Pagelor2 1 2 3 4 5 6 7 8 Exhibit B 9 10 . General Location Map 11 . Area Subject to the Final Planned 12 Unit Development Approval 13 . Aerial Map 14 . Zoning Map 15 . Land Use Map 16 17 18 19 20 21 22 23 File No.: RZ-{)3-{)33 & PUO-{)3-022 December 6, 2005 Resolution 05-468 Page 6 ~ ë , o o " > i< c œ 'ë E Q;, ...J ...J ('I) ...J ('I) 0 0 , ('I) "' !:i 0 0 , ~ N '" ~Iì ",- Q) c::: z~~ N '0 " j Jj :J oð ¡t u ...J C\ ~ 0 ..... C\ " 0 p ~ CJ) , œ a. m ('I) '~ .. 0 ~ a. ...J ~oo{\ ~l a. 0 œ ~. ::;: :::> ~\..¡e' a. ,~.. ~ ë , o o c " œ ::;; ! ! ,...,,-- ~ .. ò ....0 ",-eo < , õ .A~ Jilunoa eeqo4::!a°'lO A petition of Ginn - La SL _ucie, LTD, LLLP, for a Char.~ j in Zoning from HIRD (Hutchinson Island Residential District) Zoning District to the PUD (Planned Unit Development-Watersong South) Zoning District PUD 03-022 & RZ 03-033 Legend ~ Subject property 5è.Luvu> ~-~~> (irt,.-wNi .:MtZ1'IOfj1ettUf'1T V'!Parhnmlr N A Map prepared October 28, 2005 Ginn - La St. Lucie, LTD, LLLP Map prepared October 28, 2005 '. - . -,'.\ --';< ..~" ~. . .. PUD 03-022 & RZ 03-033 Legend ~ Subject property 5è';cudð ~~"" f7"-'''' ~dH4¡J_r 7Je,Þ4rhtuNt N A Zoning Ginn - La St. Lucie, LTD, LLLP N Map prepared October 28, 2005 A PU D 03-022 Legend & RZ 03-033 ~ Subject property 5è~~~~~ 6'rtrwNi .'MtZNd¡I_r VtgNZThlumr Land Use Ginn - La St. Lucie, LTD, LLLP CPUB CPUB CPUB PUD 03-022 Legend & RZ 03-033 ~ Subject property N Map prepared October 28, 2005  5è;-Á~~~> ýr,rw~/i .JItœlU{ftmll'mt Vep.zrL1nnU"