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HomeMy WebLinkAbout06-166 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 RESOLUTION NO. 06-166 FIK1A RESOLUTION No. 05-023 FILE NO.: PUD-04-033 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DUlACRE) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - ISLAND CLUB) ZONING DISTRICT AND FINAL PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT KNOWN AS ISLAND CLUB (PARCEL 34E @ THE RESERVE) 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: CHANGE IN ZONING 1. Kolter ProDertv ComDanv, presented a petition for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Island Club) Zoning District for certain property in St. Lucie County, Florida depicted on the attached maps as Exhibit "B" and described in Part A below. 2. On April 27, 1989, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published in the Ft. Pierce News Tribune and mailed to all property owners within 500 feet at least 15 days prior to the hearing, and recommended to this Board that the requested change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Island Club) Zoning District, be granted. 3. On August 18 1998, after holding a public hearing, of which a notice of such hearing was published in the Ft. Pierce Tribune and the Port St. Lucie News, and after notifying by mail all property owners within 500 feet of the subject property, this Board, through Resolution 98-150, granted approval to the Major Adjustment petition of Reserve Homes Ltd., L.P., for a Revised Preliminary Planned Unit Development Site Plan for the project known as PUD II at the Reserve. 4. On March 1, 2005, this Board held a public hearing on the petition of Reserve Homes Ltd., after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within the Reserve Development. That public hearing was continued until March 15,2005. 5. On March 15 2005, this Board held a public hearing on the petition of Reserve Homes Ltd. The public hearing was continued until April 19, 2005. 6. On April 19, 2005, this Board held a public hearing on the petition of Reserve Homes Ltd. The public hearing was continued until August 2, 2005. ~~~~ L~;';¿~~N~ERK OF THE CIRCUIT COURT FILE # 29176550812312006 at 10"26 AM OR BOOK 2641 PAGE 1954· 1965 0 RECORDING: $103.50 oc Type: RESO Resolution No. 06-166 Page 1 File No.: PUD·04-033 August 1, 2006 1 2 7. 3 4 5 8. 6 7 9. 8 9 10 11 12 13 14 10. 15 16 17 18 19 20 21 11. 22 23 24 25 26 27 28 12. 29 30 31 32 33 34 13 35 36 37 14. 38 39 40 41 42 43 15. 44 45 46 47 On August 2, 2005, the public hearing on the petition of Reserve Homes Ltd. was postponed indefinitely. On August 1, 2006, this Board heard the public hearing on this item. The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. SITE PLAN On May 23, 1989, after holding a public hearing, of which a notice of such hearing was published in the Ft. Pierce Tribune and after notifying by mail all owners of property within 500 feet of the subject property, this Board, through Resolution 89- 143, granted approval to the petition of Callaway Land and Cattle Company for the Preliminary Planned Unit Development Site Plans for the project to be known as PUD II @ the Reserve. On August 18, 1998, after holding a public hearing, of which a notice of such hearing was published in the Ft. Pierce Tribune and the Port St. Lucie News, and after notifying by mail all owners of property within 500 feet of the subject property, this Board, through Resolution 98-150, granted approval to the Major Adjustment petition of Reserve Homes Ltd., L.P., for Revised Preliminary Planned Unit Development Site Plans for the project to be known as PUD II @ the Reserve. On August 1, 2006, this Board held a public hearing on the petition of Reserve Homes, Ltd., L. P., for Final Planned Unit Development approval for Parcel 34E @ the Reserve, Island Club, after publishing a notice of such hearing in the Ft. Pierce Tribune and Port St. Lucie News and notifying by mail all owners of property within 500 feet of the subject property. The petitioner, Kolter Property Company, is now seeking Final Planned Unit Development site plan approval for the Island Club (Parcel 34E @ The Reserve). The Development Review Committee has reviewed the 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 St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part C of this Resolution. The Development Review Committee has reviewed the Final Planned Unit Development site plan for the proposed project and found it to be consistent with the Preliminary Planned Unit Development, subject to the conditions set forth in Part C of this Resolution. File No.: PUD-04-033 August 1, 2006 Resolution No. 06-166 Page 2 1 16. The proposed project is consistent with the general purpose, goals, objectives and 2 standards of the St. Lucie County Land Development Code, the St. Lucie County 3 Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 4 5 17. The proposed project will not have an undue adverse effect on adjacent property, the 6 character of the neighborhood, traffic conditions, parking, utility facilities or other 7 matters affecting the public health, safety and general welfare. 8 9 18. All reasonable steps have been taken to minimize any adverse effect of the 10 proposed project on the immediate vicinity through building design, site design, 11 landscaping and screening. 12 13 19. The proposed project will be constructed, arranged and operated so as not to 14 interfere with the development and use of neighboring property, in accordance with 15 applicable district regulations. 16 17 20. The proposed project will be served by adequate public facilities and services. 18 19 21. The applicant has demonstrated that water supply, evacuation facilities and 20 emergency access are satisfactory to provide adequate fire protection. 21 22 22. The Reserve Development of Regional Impact (DRI) has been found not to be in 23 compliance with the approved Development Order, which provided that four - 2 acre 24 sites within the Reserve DRI for use as recreational facilities geared toward school 25 age children be provided. The proposed project provides 2 acres for use as 26 recreational facilities geared toward school age children, therefore, providing a partial 27 fulfillment of this requirement. 28 29 30 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 31 Lucie County, Florida: 32 33 34 CHANGE IN ZONING 35 36 37 A. The property on which the Change in Zoning from the AR-1 (Agricultural, Residential 38 - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Island Club) Zoning 39 District is being granted is described as follows: 40 41 A PARCEL OF LAND BEING A PORTION OF LAKES AT PGA VILLAGE, ACCORDING 42 TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43, PAGES 32, 32A 43 THROUGH 32F, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE 44 PARTICULARLY DESCRIBED AS FOLLOWS: 45 46 COMMENCE AT THE CENTERLINE INTERSECTION OF CHAMPIONS WAY AND ONE- 47 PUTT PLACE, AS SHOWN ON SAID PLAT OF LAKES AT PGA VILLAGE; THENCE 48 SOUTH 74 DEGREES 17' 06" EAST, ALONG SAID CENTERLINE OF ONE-PUTT PLACE, 49 A DISTANCE OF 225.42 FEET TO THE POINT OF BEGINNING: 50 File No.: PUD·04-033 August 1, 2006 Resolution No. 06-166 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 THENCE NORTH 15 DEGREES 42' 54" EAST, DEPARTING SAID CENTERLINE, A DISTANCE OF 40.00 FEET TO THE SOUTHERLY LINE OF WATER MANAGEMENT TRACT "A", AS SHOWN ON SAID PLAT OF LAKES AT PGA VILLAGE; THENCE ALONG THE SOUTHERLY AND EASTERLY LINE OF SAID WATER MANAGEMENT TRACT FOR THE FOLLOWING FIVE COURSES: THENCE SOUTH 74 DEGREES 17' 06" EAST, A DISTANCE OF 75.99 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEASTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70 DEGREES 56' 55", AN ARC DISTANCE OF 37.15 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 866.70 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07 DEGREES 19' 35", AN ARC DISTANCE OF 110.83 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1080.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 55 DEGREES 50' 57" WEST; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12 DEGREES 47' 02", AN ARC DISTANCE OF 240.97 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 100.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 84 DEGREES 53' 47", AN ARC DISTANCE OF 148.17 FEET; THENCE SOUTH 73 DEGREES 44' 12" EAST, ALONG THE EASTERLY EXTENSION OF SAID SOUTHERLY LINE OF WATER MANAGEMENT TRACT "A", A DISTANCE OF 223.46 FEET TO THE EASTERLY LINE OF SAID PLAT OF LAKES AT PGA VILLAGE AND TO A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 4945.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 72 DEGREES 07' 43" WEST; THENCE SOUTHERLY ALONG SAID EASTERLY LINE FOR THE FOLLOWING TWO COURSES: THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 09 DEGREES 13' 38", AN ARC DISTANCE OF 796.37 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1940.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05 DEGREES 54' 11", AN ARC DISTANCE OF 199.87 FEET; THENCE NORTH 24 DEGREES 46' 37" WEST, DEPARTING SAID EASTERLY LINE, A DISTANCE OF 327.76 FEET TO THE EASTERLY LINE OF WATER MANAGEMENT TRACT "B", AS SHOWN ON SAID PLAT OF LAKES AT PGA VILLAGE AND TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 80.00 FEET; THENCE NORTHERLY ALONG SAID EASTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID WATER MANAGEMENT TRACT "B" FOR THE FOLLOWING SIX COURSE: THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44 DEGREES 40' 12", AN ARC DISTANCE OF 62.37 FEET; THENCE NORTH 19 DEGREES 53' 36" EAST, A DISTANCE OF 10.36 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 120.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24 DEGREES 40' 58", AN ARC DISTANCE OF 51.70 FEET; THENCE NORTH 04 DEGREES 47' 22" WEST, A DISTANCE OF 70.17 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 30.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 69 DEGREES 29' 44", AN ARC DISTANCE OF 36.39 FEET; THENCE NORTH 74 DEGREES 17' 06" WEST, A DISTANCE OF 73.60 FEET; THENCE NORTH 15 DEGREES 42' 54" EAST, DEPARTING SAID EASTERLY AND NORTHERLY LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. (Location: Eastern terminus of One-Putt Place.) File No.: PUD-04-033 August 1, 2006 Resolution No. 06-166 Page 4 I 2 3 4 5 6 7 8 9 10 II 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 SITE PLAN B. Pursuant to Section 11.02.05(8) of the St. Lucie County Land Development Code, the Final Site Plan for the project to be known as Island Club (Parcel 34E @ the Reserve), be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by Thomas Lucido & Associates on July 24, 2006, and date stamped received by the St. Lucie County Growth Management Director on July 25, 2006, for the property described in Part "A" above, subject to the following conditions: 1. No final site plan construction Development Permits order shall be issued by the County until complete sets of sealed constructible final engineering plans, supporting calculations and survey data for all site work and offsite improvements are submitted to the County and approved by the Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, St. Lucie County Fire District, and any other agency or County Department 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. 2. Prior to the issuance of the first building permit, a signed and recorded copy of the Declaration of Covenants and Restrictions over the two acre area of the property that has been identified for recreational use dedicated to the use of school age children, shall be submitted to St. Lucie County after recordation by the St. Lucie County Clerk of the Courts. 3. The hours of operation for construction activities shall be limited to the time period from 7 A.M. to 5:30 P.M., Monday through Friday and 7 A.M. to 1 P.M. on Saturdays. No construction shall take place on Federally recognized Holidays. 4. The four foot high fence around the swimming pool shall be extended to encompass the tot lot area. 5. A bike parking area shall be provided in the "free play" area. GENERAL C. This Final Planned Unit Development Site Plan approval shall expire on August 1, 2008, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. File No.: PUD-04-033 August 1, 2006 Resolution No. 06-166 Page 5 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 D. The Final Planned Unit Development Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Kolter Property Company, 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 Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. E. A Certificate of Capacity, a copy of which is attached to this Resolution as Exhibit "B", was granted by the Director of Growth Management on August 1, 2006, which certificate shall remain valid for the period of Site Plan approval or any extension granted thereto. F. 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 County Growth Management Director. G. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. H. The Director of Growth Management shall coordinate the issuance of further site Development Permits. No final site construction authorizations or site Development Permits shall be issued until all requirements for such permits are met. I. 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. J. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of anyon-site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to satisfaction of the County before final site construction permits are issued. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward AYE Vice-Chairman Chris Craft AYE Commissioner Paula A. Lewis AYE Commissioner Joseph E. Smith AYE Commissioner Frannie Hutchinson AYE File No.: PUD-04-033 August 1, 2006 Resolution No. 06-166 Page 6 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 d" PASSED AND DULY ADOPTED this 1st day of August 2006. ,..' 4 ", ,.i/o' )'(::~:ifF:> '.' BOARD OF COUNTY,¿'~O,~MiS. 5,~~ER$,',", .,'~ ST. LUCIE ~øuNfY(Pi~DA/-,\~ Æ;/ l> f~~:'" ,: l'il, , 'f/ . d (: \ ~,.;; BY APPROVED AS TO FORM AN ORRECTNESS l hf H:\WORD\Petitions\BCC\Finished2006\Reserve@lslandClub. PUDlReserve@lslandClub-RES5.doc File No.: PUD-04-033 August 1, 2006 Resolution No, 06-166 Page 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Exhibit "A" . Certificate of Capacity File No.: PUD-04-033 August 1, 2006 Resolution No. 06-166 Page 8 SI Lucie COHI1 Cerllficah' of (a Date 8/1/2006 Certificate No. 2485 This document certifies that concurrency will be me! and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St L tlciG County Comprehensive Plan for: 1 Tvpe of development Final PUD Number of units 0 Number of square feet 24,550 2. Property legal description & fax 10 no. 3334-501-0005-000/8 Eastern tenninus One-Putt Place Isand Club @ The Reserve 3. Approval: B,¡íldínq Resolution No. 06-166 LeHer 4, Subject to the followinç¡ conditions for concurrency: See Resolution 06-166 Owner's name Kolter Property Company Address 1601 Forum Place, Suite 80S West Palm Beach FL 33401 6. Certificate Expiration Date 8/1/2008 This Certificate of Capacity is transferabie only to subsequent owners of the same parccl, and is subject to the same terms. conditions and expiration date listed herein. The expiration date can be extended only Linder the same terms and conditions as the underlyinç¡ development orderissued with this certificate, or for suhsequent development orrJer(s) issued for the same property, usc and size as described herein. Signed /3 ~ ¡¡I--f Date: 8/14/2006 Growth Mana¡¡ement Director 5t Lucie County. Florida Monday, August 14,2006 Page I of2 1 2 3 4 Exhibit "B" 5 6 7 8 . General Location Map 9 . Area Subject to Final Planned Unit 10 Development Approval 11 12 13 14 15 16 17 18 19 20 21 File No.: PUD-04-033 August 1, 2006 Resolution No. 06-166 Page 10 ~ Q) i:: Q) en »Q) cO:: ro Q) Q.J:: EI- 8© »..;f- t::C') Q)- Q.Q) o U ... ... c...ro ...c... Q)~ _ .c o :J ~ü "C c ro en þ c o o ü 0; > Ii' c . -c E C') C') a , ..;f- a o ::::> c... z.~ " ,;} ¡ .~ ~ ~ ~ . ." 0" .. "'"'~ "~... c , ! , , c ""...""..,.... """-,,.., I'"'~ "-0 -- u ( ) .~~ ..ceo :J[L (/) ¡ , fi1uno:) aaqolj:::laa} Q "' o o '" on ~ ~ (1 :0 .c Q) u.. '0 ~ (1 a. Q) a. c. (1 ::;; ~ 10 o o Ü c i: . ::; Apetition of Kolter Property Company for Final Planned Unit Development Approval for the Project to be known as Island Club (Parcel 34 @ The Reserve) Reserve Blvd Il1terst atS9$ ,., ~ ~ c o ï5. e01 ~ ce{\\{ ~ e{Ce Ü co({\({\ \) . " .~ . .. .,;. ......: '. PUD 04-033 ~ Subject property ti;}H City of Port St. Lucie .. . . 5I::'.L~ &~ GIS .""'""'"'~~ Map prepared February 15, 2005 N A