HomeMy WebLinkAbout06-057
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RESOLUTION NO. 06-057
FILE NO.: PUD-OS·021
A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE
RS-4 (RESIDENTIAL, SINGLE-FAMILY - 4 DUlACRE) ZONING
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT -
ORCHID PLACE) ZONING DISTRICT AND PRELIMINARY
PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR
THE PROJECT TO BE KNOWN AS ORCHID PLACE - 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. Sabin Companies. Inc., 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 - Orchid Place) Zoning District and Preliminary Planned Unit
Development approval for the project to be known as Orchid Place - PUD for a
development of 80 multiple-family dwelling units in ten (10), eight unit buildings to be
located on 8.9 acres on property on the north side of Edwards Road, approximately
650 feet west of South 25th Street.
2. The Deveiopment 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 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 April 20, 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 RS-4 (Residential,
Single-Family - 4 du/acre) Zoning District to the PUD (Planned Unit Development -
Orchid Place) Zoning District and Preliminary Planned Unit Development for the project
to be known as Orchid Place - PUD, for the property depicted on the attached Maps as
Exhibit "A" and described in Part B below.
4. On May 16, 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 Orchid Place - PUD.
File No.: PUD-05-021
May 16, 2006
Resolution No. 06-05i
Page 11
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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 multiple-family dwelling units of the proposed project will be served by Ft. Pierce
Utilities Authority (FPUA).
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 Orchid Place -
Planned Unit Development, and is hereby approved as depicted on the site plan drawings for
the project prepared by Houston Cuozzo Group, Inc., dated July 20, 2005, last revised
October 6, 2005, and date stamped received by the St. Lucie County Growth Management
Director on May 2, 2006, subject to the following conditions:
1. Prior to Final PUD approval, the developer, his successors or assigns, shall
provide St. Lucie County with an updated Transportation Impact Report (TIR),
in accordance with Section 11.02.09(4) of the St. Lucie County Land
Development Code. Failure to demonstrate compliance with Chapter 5 of the
St. Lucie County Land Development Code shall constitute grounds for denial of
the Final Site Plan.
2. A condition of approval of the Final PUD shall be that the developer, his
successors or assigns, shall limit the hours of construction of the development
between 7 a.m. and 5:30 p.m., Monday through Friday and between 7 a.m. and
1 p.m. on Saturday.
3. A condition of approval shall be that at the time of final landscape inspection
there will need to be 12 Cabbage Palms planted on the site.
4. The Director of Growth Management is authorized to issue a development
order in such form as he may prescribe. No development shall occur and the
project cannot obtain any permits until a development order is issued by the
Director of Growth Management, or the person he designates in writing to issue
File No.: PUD-05-021
May 16, 2006
Resolution No. 06-057
Page 2
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the development order. The Development Order shall be recorded in the
Public Records of St. Lucie County, Florida with the Resolution.
5.
The resolution shall be recorded in order to provide constructive legal notice of
development conditions that run with the land. The act of recording the
resolution does not authorize development. All conditions of approval and
applicable code requirements must be determined to be satisfied by the
Director of Growth Management.
6.
The Director of Growth Management shall obtain comments from the
appropriate county staff, legal staff, and other responsible agencies regarding
the satisfaction of all applicable code requirements and conditions of approval
prior to issuing a development order.
7.
The Department of Growth Management shall confer with the County Engineer,
Public Works Department, Environmental Resources Department, and Utilities
Department to determine the number of constructible engineering plans that
shall be required to be submitted for review. The applicant shall, following
notification by the Director of Growth Management, submit the required number
of plans to the Department of Growth Management for processing, distribution,
and final action.
8.
No development order shall be issued by the Director of Growth Management
until a complete set sealed constructible final engineering plans, supporting
calculations and survey data for the site work and offsite improvements are
approved by the Office of the County Engineer, Public Works Department,
Utilities Department, Environmental Resources Department, Growth
Management Department, Fire Department, and any other agency that may be
determined by the Director of Growth Management to be necessarily involved
in the review and approval of the constructible final engineering plans for the
site work and offsite improvements. The determination of whether or not plans
submitted by the applicant constitute a complete set of constructible plans shall
be made by the departments involved in the plan review within five business
days of the date the plans are received in the Department of Growth
Management.
9.
The Director of Growth Management is authorized to evaluate project
concurrency, and to issue a certificate of concurrency upon his determination
that all requirements for concurrency management have been satisfied. No
Development Order shall be issued prior to the issuance of a Certificate of
Concurrency.
10.
The developer, his successors or assigns, shall obtain a consent signed by
adjoining property owners that indicates their desire not to have the required
masonry wall or opaque wood fence constructed along their property line and
provide an alternative fencing type and design. If the developer is unable to
obtain a signed consent by adjoining property owners, a wall or opaque wood
fence at least eight (8) feet in height shall be required according to Section
7.09.04(E) of the St. Lucie County Land Development Code.
File No.: PUD-05-021
May 16. 2006
Resolution No. 06-057
Page 3
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11. A condition of approval shall be that at the time of Final PUD, the emergency
entrance shall be approved by the St. Lucie County Fire District.
B. The property on which this site plan approval is being granted is described as follows:
THE WEST 742.98 FEET (8.9 ACRES) OF THE FOLLOWING DESCRIBED
PARCEL:
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY,
FLORIDA, LESS AND EXCEPTING THE EAST 560.0 FEET, AND THE NORTH
96 FEET FOR CANAL RIGHT OF WAY, AND LESS THE RIGHT-OF-WAY FOR
EDWARDS ROAD
TOGETHER WITH:
THE WEST 520.0 FEET OF THE EAST 560.0 FEET OF SOUTH 1/2 OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 35
SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND
EXCEPTING THE SOUTH 40 FEET AND THE NORTH 96 FEET FOR ROAD
AND CANAL RIGHT OF WAY, AND THAT CERTAIN PARCEL CONVEYED TO
THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA, FILED FOR RECORD, OCTOBER 12, 1988 IN O.R.B. 607, PAGE
27, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. ALSO LESS AND
EXCEPTING THAT CERTAIN PARCEL OF LAND DESCRIBED IN O.R.B,
1098, PG. 1842, AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA.
(Parcel Identification Number: 2420-443-0001-000/4.)
(Location: North side of Edwards Road, approximately 650 feet west of
South 25th Street.)
C. The Resolution shall take effect thirty-one (31) days after adoption. If the Resolution
or Ordinance No. 06-026 is challenged within thirty (30) days after adoption, the Resolution
shall not be effective until the State Land Planning Agency or Administrative Commission
respectively issues a final order finding Ordinance No. 06-026 in compliance in accordance
with Section 163.3184(10). This Preliminary Planned Unit Development Site Plan approval
shall expire two years after the thirty-first day after adoption of Ordinance No. 06-026, 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,
Sabin Companies, Inc., 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
File No.: PUD-05-021
May 16, 2006
Resolution No. 06-057
Page 4
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Management District, prior to the issuance of any local building permits of authorizations to
commence development activities on the property described in Part B.
E. 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.
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 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 St. 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 16th day of May 2006.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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H:IDevelopment Projects 20051PUDI Orchid Place RES06057.doc
File No.: PUD-05-021
May 16, 2006
Resolution No. 06-057
Page 5
1
2 Exhibit A
3
4
5 Maps
File No,: PUD-05-021
May 16, 2006
Resolution No. 06-057
Page 6
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A petition of Houston Cuozzo Group, Inc. for a Rezoning to PUD and Site Plan
Apprôval for an 80 unit multi-family townhouse project in the RS-4 (Residential,
Single Family -4 du/acre) Zoning District
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