HomeMy WebLinkAbout06-054
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RESOLUTION NO. 06-054
FILE NO.: SPMj-05-003
A RESOLUTION GRANTING APPROVAL TO A
MAJOR ADJUSTMENT TO PHASE II OF THE
HEATHERWAY APARTMENTS MAJOR SITE
PLAN FOR A PROJECT NOW TO BE KNOWN
AS INDRIO PINES
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. Indrio Pines. LLC. presented a petition for a Major Adjustment to an existing Major
Site Plan project, known as Heather Way Apartments - Phase II, to provide for the
development of 75 townhomes for a project now to be known as Indrio Pines,
located in the RM-9 (Residential, Multiple Family - 9 units per acre) Zoning District
on the property described in Part B.
2. The Development Review Committee has reviewed the 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. The proposed project will be served water and sewer services by the St. Lucie
File No.: SPMj-05-003
August22,2006
Resolution No. 06-054
Page 1
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FilE # 2922890 09/06/2006 at 10:22 AM
OR BOOK 2649 PAGE 2652 - 2660 Doc Type: RESO
RECORDING: $78.00
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County Utilities Authority.
8. The applicant has applied for and received a Certificate of Capacity Exemption, a
copy of which is attached to this order as Exhibit A, as required under Chapter V, St.
Lucie County Land Development Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Major
Adjustment for Phase II of the Heather Way Apartments Major Site Plan for a project now
to be known as Indrio Pines, is hereby approved as depicted on the site plan drawings for
the project prepared by Gentile Holloway O'Mahoney & Associates, Inc., dated 4/22/05,last
revised on 7/05/06, and date stamped received by the St. Lucie County Growth
Management Director on 7/05/06, subject to the following conditions.
1. Prior to the issuance of any permits, a Final Development Order shall be obtained
from the Director of Growth Management, or designee. Prior to the issuance of said
Development Order, the Director of Growth Management shall determine that all
conditions of approval and applicable code requirements are satisfied and shall:
a. 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.
b. 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, and 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.
c. Require that a complete set sealed constructible final engineering plans,
supporting calculations and survey data for the site work and offs¡te
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.
File No.: SPMj-05-003
August22,2006
Resolution No. 06-054
Page 2
1
2 2. Prior to any construction authorizations, the developer, owner or assigns shall enter
3 into a construction agreement with St. Lucie County for the proposed improvements
4 to Indrio Road. The following documents shall be submitted and approved by the
5 County Engineer (a) Engineers estimate of probable cost, (b) Original Letter of Credit
6 or Surety Bond, (total surety shall be for 115% of the cost of construction), (c) Road
7 Improvement Agreement executed by the developer. Upon conditional acceptance
8 of the constructed improvements the developer shall enter into a Maintenance
9 Agreement for a period of one year and thirty days. Maintenance Bond shall be 15%
10 of the cost of construction.
11
12 3. Prior to the issuance of any construction authorization the developer, owner, or
13 assigns shall dedicate 25 feet additional right-of-way along this projects Indrio Road
14 frontage, said dedication shall be submitted to and approved by the County
15 Attorney's office. The required sketch and legal description of the 25 foot right of way
16 donation shall be prepared by a Florida licensed surveyor.
17
18 4. Concurrent with the dedication of right-of-way for Indrio Road, and prior to the
19 issuance of construction perrnits, the developer, owner or assigns shall enter into a
20 license agreement with the County for the flagpole, sign and other private items
21 being left in the public right-of-way after the dedication of the additional right-of-way
22 along Indrio Road. The developer shall enter into a license agreement with the
23 County for those items to remain and be maintained.
24
25 5. Prior to the issuance of the first Certificate of Occupancy for this project a twelve (12)
26 foot multi-use path shall be constructed along Indrio Road. The County Public Works
27 Department and Environmental Resources Department shall determine the exact
28 location and specifications for the multi-use path.
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30 6. Prior to the issuance of any site construction authorizations (including land clearing)
31 for this project, documentation showing that the abandonment of the exiting
32 easements has been completed shall be submitted and approved by the County's
33 Attorney's Office. The abandonment or release of the easements and the relocation
34 of onsite utility easements within the project boundary shall be required.
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36 7. Prior to issuance of building permits for this project, the applicant, developer or
37 assigns shall provide a copy of a notice to be placed in all purchase agreements and
38 homeowner association documents for the project. The notice shall also be placed in
39 the deeds of sale for all units in the project. Said notice shall indicate that the
40 property is in close proximity to the St. Lucie International Airport and subject to
41 airplane noise 24 hours a day, seven days a week. A copy of the proposed language
42 to be included within the documents shall be submitted to the Growth Management
43 Director for approval.
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45 8. Prior to issuance of any construction authorization for the property, the developer, or
46 his assigns, shall have completed the execution of a utility service agreement with
File No.: SPMj-05-003
August 22, 2006
Resolution No. 06-054
Page 3
1 St. Lucie County Utilities Authority, indicating all developer obligations, including
2 schedules associated with servicing this site.
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4 9. The irrigation system within this project shall be designed to accept reuse water from
5 the St. Lucie County Utilities, or other duly recognized utility authority or district, as
6 the preferred method of irrigation.
7
8 10. Prior to issuance of any buildings or structures, elevations and drawings shall be
9 provided that demonstrate the project will comply with the signage and building
10 design standards as set forth in Section 7.10.23 of the Land Development.
11 11. A Knox Key access is required to be installed for emergency services.
12 12. Prior to issuance of any construction authorizations (including land clearing) for the
13 Indrio Pines site, an executed (signed) copy of the Conservation Easement
14 document, dedicated to, or made in favor of, the County, including the following
15 information 1) signed draft conservation easement, 2) site plans or map of
16 conservation easement areas, and 3) legal description and number of acres of
17 conservation easement must be provided to Environmental Resources Department
18 for review and submitted into the records of St. Lucie County. Within 60 days of the
19 issuance of a St. Lucie County Vegetation Removal Permit a recorded copy of the
20 easement document must be submitted.
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22 13. Preserve Area Monitoring and Management Plan addressing exotic removal in all
23 preserves, silt fencing and protection barricades during construction, the monitoring
24 program, proposed replanting plan of native vegetation in impacted areas, signage
25 for preserve area boundaries, identification of responsible parties for future
26 maintenance was submitted. Prior to the issuance of a St. Lucie County Vegetation
27 Removal permit, the Preserve Area Management Plan shall be recorded in the public
28 records of the St. Lucie County.
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30 14. Prior to the to the issuance of a St. Lucie County Vegetation Removal permit, the
31 Homeowners Association guidelines (or Declaration of Covanence documents) for
32 the implementation of the Preserve Area Monitoring and Management Plan
33 approved in conjunction with this project and the promotion of "green" practices such
34 as native plant landscaping, water conservation, and minimization of fertilizers and
35 pesticides must be provided to Environmental Resources Department for review and
36 approval.
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38 15. Prior to approval of a St. Lucie County Vegetation Removal Permit an approved
39 SFWMD permit (for the impact of the two on-site wetlands and the ditch) is submitted
40 to St. Lucie County Environmental Resources Department.
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42 16. Prior to the approval of a St. Lucie County Vegetation Removal Permit an approved
43 ACOE permit for the impact of the two on-site wetlands and ditch as well as approval
44 of the proposed mitigation of the creation of a .21 acre littoral area within the water
45 retention area) is submitted to St. Lucie County Environmental Resources
46 Department.
File No.: SPMj-05-003
August22,2006
Resolution No. 06-054
Page 4
1
2 17. Prior to the issuance of the first building permit, the cul-de-sac shall be eliminated
3 and a connection to the Heather Way Apartments Phase 1 access drive shall be
4 provided. The tot lot shall be expanded to include the additional lands made
5 available after the elimination of the cul-de-sac. A traffic calming feature meeting
6 FDOT or ASHTO, or other acceptable engineering standards must be provided in
7 this area. Said improvements shall be approved as a minor revision to the site plan
8 and shown on the final engineering plans required under Condition Number 1 above.
9
10 18. Prior to the issuance of the first building permit for the Indrio Pines project, the
11 developer, his successors or assigns, shall pay Road Impact Fees to St. Lucie
12 County in the amount of $1,902.00 per multiple-family (townhouse) unit. The
13 developer, his successors or assigns, shall not be responsible for any additional
14 Road Impact Fee payments to St. Lucie County. Should the Board of County
15 Commissioners approve a Road Impact Fee adjustment more than or less than the
16 agreed to payment schedule described above, the above described schedule shall
17 apply.
18
19
20 B. The property on which this Major Adjustment to a Existing Major Site Plan approval is being
21 granted is described as follows:
22
23 A parcel of land lying in the West 'h of the Northwest 1/4 of Section 18, Township 34 South,
24 Range 40 East, SI. Lucie County, Florida, being more particularly described as follows:
25
26 COMMENCING at a point (P.O. C.) being the Southeast corner of the West 'h of the
27 Northwest 1/4 of said Section 18; run thence N 00' 29' 17" E along the East line of the West
28 'h of the Northwest 1/4 of said Section 18, 40.00 feet to the North right-of-way line of Indrio
29 Road and the POINT OF BEGINNING (P.O.B.) of the herein described parcel; thence run N
30 89' 27' 50" W along said North right-of-way line, 449.24 feet; thence run N 00' 32' 10' E,
31 371.18 feet; thence run N 43' 32' 10" E, 106.94 feet; thence run N 03' 02' 10" E, 485.00 feet;
32 thence run N 71' 02' 10" E, 75.00 feetthencerun N 32' 32' 10" E, 196.00 feet; thence run N
33 46' 57' 50" W, 92.59 feet; thence run N 90' 00' 00" W, 34.15 feet; thence run N 00' 29' 17"
34 E, 99.03 feet to the Southerly line of HOLIDAY PINES SUBDIVISION PHASE III, as recorded
35 in Plat Book 20, Page(s) 19, 19A through 19G, Public Records of SI. Lucie County, Florida;
36 thence run S 90' 00' 00" E along the Southerly line of said HOLIDAY PINES SUBDIVISION,
37 282.02 feet to the East line of the West 'h of the Northwest 1/4 of said Section 18; thence run
38 S 00' 29' 17" W along the East line of the West 'h of the Northwest 1/4 of said Section 18,
39 1,289.08 feet to the Point of Beginning.
40
41 TOGETHER WITH all right, title and interest in and to the easements appurtenant to the
42 above described parcel contained in that certain Joint Reciprocal Grant of Easements dated
43 April 6, 1988 and recorded in Official Records Book 582, at Page 2946, and re-filed on
44 August 2, 1988 and recorded in Official Records Book 597, at Page 957, of the Public
45 Records of SI. Lucie County, Florida, over, upon and across the following described property:
46
47 A parcei of land lying in the West 'h of the Northwest 1/4 of Section 18, Township 34 South,
48 Range 40 East, SI. Lucie County, Florida being more particularly described as follows:
49
File No.: SPMj-05-003
August 22, 2006
Resolution No. 06-054
Page 5
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24 C.
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40 E.
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44 F.
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COMMENCING at a point (P.o. C.) being the Southeast corner of the West 'h of the
Northwest 1/4 of said Section 18; run thence N 00' 29' 17" E along the East line of the West
'h of the Northwest 1/4 of said Section 18, 40.00 feet to the North right-of-way line of Indrio
Road; thence run N 89' 27' 50" W along said North right-of-way line, 449.24 feet to the
POINT OF BEGINNING (P.O.B.); thence run N 00' 32' 10" E, 371.18 feet; thence run N 43'
32' 10" E, 106.94 feet; thence run N 03' 02' 10" E, 485.00 feet; thence run N 71' 02' 10" E,
75.00 feet; thence run N 32' 32' 10" E, 196.00 feet; thence run N 46' 57' 50" W, 92.59 feet;
thence run N 90' 00' 00" W, 34.15 feet; thence run N 00' 29' 17" E, 99.03 feet to the
Southerly line of HOLIDAY PINES SUBDIVISION PHASE III as recorded in Plat Book 20 at
pages 19 and 19-A through 19-G of the Public Records of SI. Lucie County, Florida; thence
run N 90' 00' 00" W along the Southerly line of said HOLIDAY PINES SUBDIVISION, 435.26
feet to the West line of the East 717.26 feet of the West 'h of the Northwest 1/4 of said
Section 18; thence run S 00' 29' 17" W along the West line of the East 717.26 feet of the
West 'h of the Northwest 1/4 of said Section 18, 1,282.37 feet to the North right-of-way line of
said Indrio Road; thence run S 89' 27' 50" E along said North right-of-way line, 268.02 feet to
the POINT OF BEGINNING.
(ParceIID#: 1418-231-0001-0106)
(Location: North side of Indrio Road, approximately one mile east of the intersection
of Kings Highway and Indrio Road)
The approvals and authorizations granted by this Resolution are for the purpose of obtaining
building permits on this property, shall expire on August 22,2008, unless the developer has
obtained building permits for the site plan described in Part A or an extension has been
granted in accordance with Section 11.02.06, St. Lucie County Land Development Code.
The Site Plan approval granted under this Resolution is specifically conditioned to the
requirement that the petitioner,lndrio Pines, LLC, 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
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 Certificate of Capacity Exemption, a copy of which is attached to this resolution, shall
remain valid for the period of Site Plan approval.
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.
File No.: SPMj-05-003
August22,2006
Resolution No. 06-054
Page 6
G. 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.
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H. A copy of this resolution shall be mailed, return receipt requested to the developer and agent
of record. 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 Lewis AYE
Commissioner Frannie Hutchinson AYE
Commissioner Joe Smith AYE
PASSED AND DULY ADOPTED this 22nd Day of August 2006.
BOARD OF COUNTY COMMISSIO:--<ERS
ST. LUCIE COUNTY, FLORID,Á
c~f(LJ
BY:
APPR120VE, D AS T,O FORM
AND CO ECTNESS:
'I ) ;Jt;
C' ¡(il;,
COUNTY ATTOR
ATTEST:
.;'
File No.: SPMj-05-003
August 22, 2006
Resolution No. 06-054
Page 7
St Lucie County
Certificate of Capacity Exemption
Date 8/16/2006 Certificate No. 4616
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 Major Adjustment to a Major Site Plan (Phase 2 of Heather Way Apts)
Number of units 75
Number of square feet
2. Property legal description & Tax ID no.
1418-231-0001-0106
North side oflndrio Rd -1.5 miles w. of US 1
Indrio Pines
3. Approval: Building
4. As part of the development:
Resolution No. No. 06-054
Letter
5. On property owned by
Indiro Pines LLC
10519NW 67 Ct
Parkland
FL 33076
is hereby granted a Certificate of Capacity Exemption according to Chapter 5.02.02 AD 80 CO DO
EO F ~ GO H 0 10 J 0 of the St Lucie County Land Development Code.
6. Certificate Expiration Date 8/22/2008
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.
Signed ß ,,-f. ¡¡/-t
Growth Management Director
St Lucie County, Florida
Date: 8/16/2006
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