HomeMy WebLinkAbout06-300
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 298461801/02/2007 at 12:41 PM
OR BOOK 2731 PAGE 38 - 50 Doc Type: RESO
RECORDING: $112.00
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RESOLUTION NO. 06-300
FILE NO: PUD-06-014
A RESOLUTION GRANTING A CHANGE IN ZONING
FROM THE AG-1 (AGRICULTURAL - 1 DU I ACRE)
ZONING DISTRICT TO THE PUD (PLANNED UNIT
DEVELOPMENT - ROCKING HORSE RANCH) ZONING
DISTRICT AND FINAL PLANNED DEVELOPMENT SITE
PLAN APPROVAL FOR THE PROJECT KNOWN AS
ROCKING HORSE RANCH PLANNED UNIT
DEVELOPMENT
WHEREAS, the Board of County Commissioners of 51. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. Johnson Road Development Group, LLC, presented a petition for Final Planned Unit
Development approval for the project to be known as Rocking Horse Ranch for the
construction of 160 single-family homes on160 acres located at the southwest corner of
the intersection of Johnston Road and the Indian River County line.
2. The Development Review Committee has reviewed the site plan for the proposed project
and found it to meet minimum technical requirements.
3. On February 17, 2005, the 51. 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 Preliminary Unit Development for the
project to be known as Rocking Horse Ranch - PUD for the property depicted on the
attached Maps as Exhibit "A" and described in Part B below.
4. On April 5, 2005, the 51. 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. That public hearing was continued
to the May 3, 2005, meeting of the Board of County Commissioners.
5. On May 3, 2005, the public hearing on this item was continued to a date certain in order
to allow time to work out the details for a development agreement for roadway
improvements to the intersection of Johnston Road and Indrio Road.
6. On October 18, 2005 the public hearing on this item was held by the Board of County
Commissioners. That Board approved the Preliminary Unit Development for the project
to be known as Rocking Horse Ranch - PUD for the property depicted on the attached
Maps as Exhibit "A" and described in Part B below.
File No.: PUD-06-014
December 5, 2006
Resolution No. 06-300
Page 1
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7. On December 5, 2006 the 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 the Board of County Commissioners approved
a Change in Zoning from the AG-1 (Agricultural- 1 du/acre) Zoning District to the PUD
(Planned Unit Development - Rocking Horse Ranch) Zoning District and Final Planned
Development Site Plan Approval for the project known as Rocking Horse Ranch for the
property depicted on the attached Maps as Exhibit "A" and described in Part B below.
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.
9. 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.
10. 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.
11. 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.
12. The proposed project will be served by adequate private facilities and services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI.
Lucie County, Florida:
A. Pursuant to Section 11.02.05 of the SI. Lucie County Land Development Code, the Final
Site Plan for the project to be known as Rocking Horse Ranch - A Planned Unit Development
be, and the same is hereby approved as shown on the site plan drawings for the project
prepared by Schulke, Biddle & Stoddard, L.L.C., Inc., dated October 24, 2006, and date
stamped received by the SI. Lucie County Growth Management Director on October 24, 2006,
for the property described below, subject to the following conditions:
1. Prior to the issuance of the first Certificate of Occupancy (CO), the developer, his
successors or assigns, shall construct the necessary improvements for the
intersection of Johnston Road and Indrio Road in order to operate this
intersection at an acceptable level of service as a result of the proposed
development. Said construction shall be completed withn 365 days of the date of
approval of the Final Site Plan. Appropriate security shall be provided to St. Lucie
County in a form approved by the County Attorney and an amount approved by
the County Engineer, including an amount necessary to cover the period of
maintenance required by the Land Development Code.
File No.: PUD-06-014
December 5, 2006
Resoiution No. 06-300
Page 2
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The developer of Rocking Horse Ranch will be given Road Impact Fee credits in
the amount of $450,000.00 as permitted by the St. Lucie County Road Impact Fee
Ordinance, These Road Impact Fee Credits shall be transferable from the
Developer to any lot owner within the Rocking Horse Ranch Subdivision. These
credits may only be used in association with houses permitted in the Rocking
Horse Ranch Subdivision.
2.
The Final Plat for the Rocking Horse Ranch PUD shall not be recorded until a
security bond for the improvements as noted in Condition #1 is provided. The
amount of the security bond shall be determined by the County Engineer.
3.
The Final Plat for the Rocking Horse Ranch PUD shall not be recorded until
constructible engineering plans are approved, and all common improvements are
either:
a) built and accepted or approved by St. Lucie County; or
b) appropriate security is provided to St. Lucie County in a form approved by
the County Attorney and an amount approved by the County Engineer,
including an amount necessary to cover the period of maintenance
required by the Land Development Code.
4.
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.
5.
No two adjoining homes shall have the same front architectural elevation.
6.
As a part of the Final Plat of the proposed project, the petitioner, his successors or
assigns, shall convey to St. Lucie County, the east 40 feet along Johnston Road of
the subject property as depicted in the approved Final Planned Development Site
Plan for additional right-of-way. To the extent permitted under the County's Code
and Compiled Laws, any such dedication may be considered eligible for Road
Impact Fee Credits.
7,
Prior to the issuance of the Certificate of Occupancy (CO) for the first residential
unit, the developer, his successors or assigns, shall construct the required 12-foot
wide multi-use path along the western boundary of Johnston Road.
File No.: PUD-06-014
December 5, 2006
Resolution No. 06-300
Page 3
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14.
15,
8.
Prior to the issuance of the Certificate of Occupancy (CO) for the first residential
unit, the developer, his successor or assigns, shall provide right and left turn
lanes at the project entrance on Johnston Road.
9.
Prior to the issuance of the Certificate of Occupancy (CO) for the first residential
unit, the developer, his successor or assigns, shall construct a 30 foot buffer with
a six foot opaque feature along the eastern property line of the subject property
along Johnston Road, The height of said buffer shall be measured from the
finished floor elevation of the adjacent homes,
10.
Prior to the issuance of any permits, the developer, his successors or assignees
shall provide copies of documentation from the Fort Pierce Farms Water Control
District (FPFWCD) permit to construct the required multi-use path, as well as, any
other improvements to be constructed within the canal right-of-way.
11.
The roadway improvements shall be constructed in accordance with the St. Lucie
County Land Development Code and the latest editions to the Florida Department
of Transportation (FDOT) Design Standards and the Standard Specifications for
Road and Bridge Construction.
12,
The guardrail must be inspected along your frontage of Johnston Road to ensure
that it meets current Florida Department of Transportation (FDOT) standards. If it
does not the guardrail must be replaced or modified to meet current FDOT
standards.
13.
Prior to the issuance of the first Building Permit for the proposed project, the
developer, his successor or assigns, shall submit and be approved for a permit for
the installation of dry hydrants for the proposed project. This permit shall be
coordinated through the St. Lucie County Fire District.
Prior to the issuance of any building permits or vegetation removal permits for any
portion of the Rocking Horse Ranch project, the developers, their successor or
assigns, shall submit to St. Lucie County Environmental Resources Department a
Preserve Area Management Plan designed to be used as a guide by the future
homeowners association for the long term management of the upland and wetland
preserve areas, including, at a minimum, exotic removal in all preserves, proposed
monitoring program, proposed replanting plan of native vegetation in any
impacted areas, signage for preserve area boundaries, explanation of who will be
responsible for future maintenance, the nine principles of the Florida Yards and
Neighborhoods Program promoting "green" practices such as native plant
landscaping, water conservation, and minimization of fertilizers and pesticides,
and the plan in its entirety shall be included as an exhibit to the HOA documents.
Prior to issuance of any building permits or vegetation removal permits for any
portion of the Rocking Horse Ranch project, the developers, their successor or
assigns, shall submit to St. Lucie County Environmental Resources Department
Declaration of Master Covenants, Conditions, and Restrictions of The Rocking
File No.: PUD-06-014
December 5, 2006
Resolution No. 06-300
Page 4
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Horse Ranch Homeowner's Association documents. The guidelines, at a minimum,
should specify restrictions on any encroachment into areas covered by the
Conservation Easement, as well as restrictions on vegetation removal outside the
building pad areas. At a minimum the documents shall include:
a. Language which notifies prospective property owners that the association
property includes open space/preserve areas which are protected under
conservation easements;
b. Language which informs the prospective property owners that the open
space/preserve areas may not be altered from their natural/ permitted
condition with the exception of: exotic vegetation removal, or restoration
in accordance with the restoration plan included in the conservation
easement;
c. Language by which the homeowner's association accepts the
responsibility for perpetual maintenance of the conservation easement
and agrees to take action against lot owners as necessary to enforce the
conditions of the easement; and
d. Notification of property owners of any mitigation/monitoring and/or
financial assurances for which the association is responsible.
16. Prior to the issuance of any building permits or vegetation removal permits for any
portion ofthe Rocking Horse Ranch PUD project, the developers, his successors
or assigns, shall submit to the St. Lucie County Environmental Resources
Department a final, recorded Conservation Easement dedicated to, or made in
favor of, the County and clearly identifying the upland and wetland Preserve Area
location(s) and size(es).
17. The applicantshall be required to submitto St. Lucie County an annual monitoring
report demonstrating compliance with the above conditions, The requirement for
this report shall begin on the anniversary date of commencement of construction
and shall continue on that date until two (2) years after the completion of the
development. For the purpose of this condition, "completion ofthe development"
shall mean the issuance of the 157th Certificate of Occupancy or the Certificate of
Occupancy for the 98th percentile of the final project density in the event that less
than 160 units are constructed on this site.
B. The property on which this Final Planned Unit Development approval is being granted is
described as follows:
THE NORTHEAST V. OF SECTION FOUR TOWNSHIP THIRTY-FOUR SOUTH, RANGE
THIRTY-NINE EAST, LESS THE EAST THIRTY FEET OF THE NORTHEAST V. OF THE
NORTHEAST V. AND LESS THE WEST SIXTEEN FEET AND ALSO, LESS THE EAST
SEVENTY FEET OF THE SOUTHEAST V. OF THE NORTHEAST V.; SAID LAND SITUATE IN
ST. LUCIE COUNTY, FLORIDA.
AS RECORDED IN OFFICIAL RECORDS BOOK 1827, PAGE 2179, ST, LUCIE COUNTY,
FLORIDA PUBLIC RECORDS. (Tax ID#: 1304-111-0002-0001)
File No.: PUD-06-014
December 5, 2006
Resolution No. 06-300
Page 5
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(Location:
Southwest corner of the intersection of Johnston Road and the Indian
River County line)
C. This Final Planned Unit Development approval shall expire on December 5,2008, unless
an extension is granted in accordance with Section 11.02.06(B)(3), SI. Lucie County Land
Development Code or a building permit has been issued.
D. This Final Planned Development Site Plan approval granted under this resolution is
specifically conditioned to the requirement that the petitioner, Johnson Road Development
Group, L.L.C., including any successors in interest, shall obtain all necessary development
permits and construction authorizations from the appropriate Local, State, and Federal
regulatory authorities, including but not limited to; the United States Army Corps of Engineers,
the Florida Department of Environmental Protection, the South Florida Water Management
District, and the FI. Pierce Farms 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.
E. The certificate of capacity, attached as Exhibit "B", shall be valid for the same period as
this order. If this order expires or otherwise terminates, the certificate of capacity shall
automatically terminate.
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. 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. This resolution shall be recorded in the Public Records of SI. 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.
J. This Order shall be recorded in the Public Records of SI. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chairman Chris Craft
AYE
File No.: PUD-06-014
December 5, 2006
Resolution No. 06-300
Page 6
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Vice-Chairman Joseph E. Smith
Commissioner Paula A. Lewis
Commissioner Doug Coward
Commissioner Charles Grande
AYE
AYE
AYE
.".,.
AYE
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PASSED AND DULY ADOPTED this 5th day of December 2006
ATTEST:
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BOARD OF COUNTY COMMISSIÖ
ST. LUCIE COUNTY, FLORID
BY
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H:\WORD\RockingHorseRanch\Rocking Horse Ranch PUD-RES No 06-300.doc
File No.: PUD-06-014
December 5, 2006
Resolution No. 06-300
Page 7
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EXHIBIT "A"
5
6
7 . General Location Map
8 . Area Subject to Final Planned Unit
9 Development Approval
10 . Site Plan Graphics
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19
File No.: PUD-06-014
December 5, 2006
Resolution No. 06-300
Page 8
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EXHIBIT "B"
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Certificate of Capacity
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File No.: PUD-06-014
December 5, 2006
Resolution No. 06-300
Page 9
;¡;¡.I!:~E.E- .........
COUNTY
FLORIDA -
CERTIFICATE OF CAPACITY
2300 Virginia Avenue
Ft. Pierce, FL 34982
(772)-462-2822
Date: 11/27/2006
Certificate No. 2564
This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the I
standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: I
1. Type of development 160 Single-Family homes on 160 acres
Number of units 160 Number of square feet
2, Property legal description & Tax ID no,
130411100020001
SW comer of Johnston Rd & Indian River CL
Rocking Horse Ranch
Rocking Horse Ranch
3. Approval: Building Permit
Resolution No. 06-300
Letter
4, Subject to the following conditions for concurrency:
13 Conditions (see Resolution No. 06-300).
Owner's name
Johnson Road Dev Group LLC
Address
PO Box 40
Vera Beach
FL 32961
6. Certificate Expiration Date 11/14/2008
This Certificate of Capacity is tra~sferable only to subsequent owners of the same parcel, and is subject to the s~me !
terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms I
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.
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Growth Management Director:
St Lucie County, Florida
Signed
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Date: 11/27/2006
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Concurrency Review by:
Signed ~
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Date: 11/27/2006
Monday, November 27, 2006
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