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I RESOLUTION 07-013
2 File Number: PUD-05-032
3
4 A RESOLUTION GRANTING PRELIMINARY
5 DEVELOPMENT PLAN APPROVAL FOR A PROJECT
6 KNOWN AS EAGLE BEND - PUD
7
8 WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based
9 on the testimony and evidence, including but not limited to the staff report, has made
10 the following determinations:
II
12 1. P280 Land LLC presented a petition for Preliminary Planned Unit
13 Development Approval for a 999-unit residential subdivision to be known as
14 Eagle Bend - PUD.
15
16 2. On September 21,2006 and October 19, 2006, the S1. Lucie County Planning
17 and Zoning Commission held public hearings on the petition of P280 Land
18 LLC, after publishing a notice of such hearing in the Fort Pierce Tribune and
19 notifying by mail all property owners within 500 feet of the property boundaries
20 and each time continued the public hearing.
21
22 3. On November 16, 2006, the S1. Lucie County Planning and Zoning
23 Commission held a public hearing on the petition of P280 Land LLC, after
24 publishing a notice of such hearing in the Fort Pierce Tribune and notifying by
25 mail all property owners within 500 feet of the property boundaries and
26 recommended the Board of County Commissioners deny the application of
27 P280 Land LLC.
28
29 4. On January 16, 2007, this Board held a public hearing on the petition of P280
30 Land LLC, for Preliminary Planned Unit Development approval for the project
31 known as Eagle Bend - PUD after publishing a notice of such hearing in the
32 Tribune and notifying by mail all property owners within 500 feet of the subject
33 property and continued this item until February 6,2007.
34
35 5. On February 6 2007, this Board held a public hearing on the petition of P280
36 Land LLC, for Preliminary Planned Unit Development approval for the project
37 known as Eagle Bend - PUD after publishing a notice of such hearing in the
38 Tribune and notifying by mail all property owners within 500 feet of the subject
39 property.
40
41 6. The Development Review Committee (DRC) has reviewed the proposed
42 Preliminary Planned Unit Development site plan for the project and did not
43 find it to meet all technical requirements. The applicant did not address DRC
44 comments. Since that time, staff has negotiated changes with the developer,
45 and believes the plan can be approved with substantial conditions. Based
46 upon the substantial changes to the site plan the project has been determined
February 6, 2007
Page 1
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FilE # 305662905/17/2007 at 03:29 PM
OR BOOK 2818 PAGE 2996 - 3004 Doc Type· RESO
RECORDING: $78.00 .
Resolution 07-013
File No.: PUD-05-032
I to meet the technical requirements and to be consistent with the future land
2 use maps of the SI. Lucie County Comprehensive Plan, subject to the
3 conditions set forth in Part A of this Resolution.
4
5 7. Upon compliance with the proposed conditions, the proposed project is
6 consistent with the general purpose, goals, objectives and standards of the SI.
7 Lucie County Land Development Code, the SI. Lucie County Comprehensive
8 Plan, and the Code of Ordinances of SI. Lucie County.
9
10 8. Upon compliance with the proposed conditions, the proposed project will not
11 have an undue adverse effect on adjacent property, the character of the
12 neighborhood, traffic conditions, parking, utility facilities or other matters
13 affecting the public health, safety and general welfare.
14
15 9. Upon compliance with the proposed conditions, All reasonable steps have
16 been taken to minimize any adverse effect of the proposed project on the
17 immediate vicinity through building design, site design, landscaping and
18 screening.
19
20 10. Upon compliance with the proposed conditions, the proposed project will be
21 constructed, arranged and operated so as not to interfere with the
22 development and use of neighboring property, in accordance with applicable
23 district regulations.
24
25 11. The proposed project will be served by adequate public facilities and services.
26
27 12.A Concurrency Deferral Affidavit, a copy which is attached to this Resolution,
28 was signed by the applicant on January 16, 2007.
29
30
31 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
32 SI. Lucie County, Florida:
33
34 A. Pursuant to Section 11.02.05(B) of the SI. Lucie County Land Development Code,
35 the Preliminary Planned Unit Development Plan for the project to be known as Eagle
36 Bend - A Planned Unit Development be, and the same is hereby, approved as
37 shown on the site plan drawings for the project prepared by Julian Byran &
38 Associates, P.A. dated May 2006, subsequently revised through January 18, 2007,
39 and date stamped received by the SI. Lucie County Growth Management Director
40 on January 24, 2007, subject to the following conditions:
41
42 1. Prior to any Final PUD approval all areas designated to meet the common open
43 space requirements set forth in Land Development Code Section 7.01.03 shall be
44 clearly identified on the site plan.
45
February 6, 2007
Page 2
Resolution 07-013
File No.: PUD-05-032
I !n addition, the applicant, successors or assigns shall provide to St. Lucie County a
2 binding agreement including School Board approval to provide an estimated 20 or
3 more acres of public open space to be managed for passive and/or active
4 recreational uses and a 100 foot wide right of way for the extension of Avenue Q
5 through the property on the south side of Angle Road that is adjacent to the Eagle
6 Bend PUD and currently owned by the School Board. The 20 or more acres of public
7 open space shall be conveyed to St. Lucie County in a recordable form acceptable
8 to the County Attorney.
9
10 2. Prior to Final Planned Unit Development approval a revised Transportation Impact
11 Analysis shall be submitted and approved. Concurrency is not approved with this
12 preliminary Planned Unit Development. Pursuant to the requirements of St. Lucie
13 County Comprehensive Plan Capital Improvements Element Policy 11.1.4.3(B)(2),
14 the final development order containing a specific plan for development, including
15 the densities and intensities of development, will not be issued unless public
16 services and facilities exist or are assumed to be available to meet or exceed the
17 level of service standards concurrent with the impacts of development. No rights to
18 obtain final development orders or any other rights to develop the subject property
19 have been granted or implied by the County's approval of the preliminary
20 development order without determining the capacity of public facilities.
21
22 3. The Final PUD site plans shall include the following:
23
24 . Bus/transit stop locations and designs as approved by the St. Lucie County's
25 Community Services Department.
26
27 . Revised road cross sections as necessary within the approved right of way,
28 except that the 130 foot wide ultimate cross section and the 100 foot cross
29 section for Avenue Q as shown on the Schnars Engineering plans last revised
30 January 2007 are approved and need no further revision.
31
32 . Prior to Final PUD approval Victoria Parkway shall be modified on the site plans
33 and detail sheets to indicate an 80 foot right-of-way width. Other right-of-way
34 widths are approved.
35
36 . A 6 foot sidewalk along this project's Angle Road frontage. The sidewalk shall be
37 constructed within the County right-of-way and shall be provided in a location
38 approved by County Staff. In lieu of building this sidewalk, the applicant may
39 request the Board of County Commissioners to waive the construction
40 requirement and accept a fee in lieu of construction of the sidewalk, because the
41 road is scheduled to be widened to four lanes and the sidewalk may be
42 destroyed or damaged in the widening process.
43
44 . Trees will be provided on both sides of multiuse paths to shade them for their
45 entire length. Trees will be staggered on each side of the multiuse paths and
February 6,2007 Resolution 07-013
Page 3 File No.: PUD-05-032
I sidewalks for their entire length, and shall be placed in a manner that their
2 crowns will touch at maturity. None of these trees shall be placed in any utilities
3 easement. None of these trees shall be placed in a manner to create conflicts
4 with installation, maintenance, or use of any required facilities or structures,
5 including but not limited to: utilities, street signs, clear vision zones, roadside
6 clear zones, and street lights. Street trees and trees shading multiuse paths and
7 sidewalks shall be installed in accordance with applicable FDOT standards.
8
9 4. Prior to any Final PUD approval for the project, the applicant, developer, or assigns
10 shall enter into a binding agreement with St. Lucie County to provide certain
II improvements to roadways, including bike paths and sidewalks where feasible,
12 required to address this project's impacts on the County's roadway network. The
13 funding of on and off-site improvements for this project are the responsibility of the
14 developer ad shall be secured through a Development Agreement. Funding may be
15 addressed through the establishment of a special district, such as a community
16 development district, if approved by the Board of County Commissioners. Required
17 roadway improvements shall include, but are not limited to, construction of Jenkins
18 Road as a four lane roadway from Orange Avenue to Angle Road.
19
20 5. Final PUD site plan shall include a note indicating that the project will provide the
21 stormwater pond storage required for widening North Jenkins to four (4) lanes, from
22 Angle Road to Orange Avenue. Supporting calculations shall be provided and
23 approved as part of this project's Final PUD review.
24
25 6. Prior to Final PUD approval, the project's entrance road(s) shall be relocated, if
26 necessary, and the entrance roads shall be designed and constructed to maintain
27 the large oak trees within the 90 foot right-of-way along Angle Road to be dedicated
28 to St. Lucie County.
29
30 7. Prior to Final PUD approval for this project, the developers, their successors and
31 assigns, shall have reached an agreement with the St. Lucie County School Board
32 to address the impacts of this project on the school system. If the required land swap
33 or purchase is used to effect the open space and Avenue Q requirement that should
34 also be completed with the School Board prior to Final PUD approval. The County
35 does not support a school impact fee rebate in exchange for a land swap, should
36 such a transaction take place between the developer and the School Board for
37 similar amounts of suitable property.
38
39 8. Prior to Final PUD approval, an application for changes to the historic structure on
40 the property (FMSF# SL01513) must be submitted to the Growth Management
41 Department for review in accordance with Section 4.11.00 of the County Land
42 Development Code.
43
44 9. Prior to Final PUD, the Tree Survey shall be revised to indicate preservation of the
45 native trees that have been identified for removal within the County right-of-way and
46 the project's perimeter buffer areas. The tree survey shall show proposed tree
February 6, 2007
Page 4
Resolution 07-013
File No.: PUD-05-032
I preservation and removal, and the required mitigation and preservation plan shall be
2 provided and approved by the County Environmental Resources Department prior to
3 any Final PUD approval. Construction drawings, showing tree preservation and
4 protection methods during construction shall be provided prior to any Final PUD
5 approval.
6
7 10. Prior to Final PUD the landscape plan shall identify landscaping for the entire site.
8 The Landscape Plan shall be revised to indicate the total square footage of all
9 vehicular use areas (including roads) proposed for the site, and shall include at least
10 the minimum number of trees along streets and in parking areas to meet this
11 requirement (7.09.04 C). A typical single family lot landscaping plan demonstrating
12 how minimum requirements (7.09.04 I) will be satisfied shall be provided, and
13 landscaping for all common areas and perimeter buffers identified.
14
15 11. Prior to Final PUD approval, species specific surveys are required to be conducted
16 per USFWS and FFWCC protocol and species specific management components
17 must be incorporated into the Preserve Area Management Plan to protect and/or
18 encourage nesting and to provide suitable foraging sites for listed species observed
19 on site. Said survey's shall be submitted to and approved by the County's
20 Environmental Resources Department.
21
22 12. Prior to issuance of a St. Lucie County Vegetation Removal Permit, conservation
23 easements/plats will be provided to SLC for the Open Space/Preserve areas, per
24 Policies 8.1.4.13 and 8.1.12.8 of the Conservation Element of the St. Lucie County
25 Comprehensive Plan. Please provide the following information in order to process
26 the conservation easement: 1) signed draft conservation easement, 2) site plans or
27 maps of conservation easement areas, and 3) legal description and number of acres
28 of conservation easement. Please note that prior to the issuance of a Vegetation
29 Removal Permit, an executed (signed) copy of the easement document must be
30 provided. Also, within 60 days of issuance of a permit a recorded copy of the
31 easement document will be required to be submitted.
32
33 13. Prior to Final PUD the applicant shall provide a conservation easement in recordable
34 form that places the identified eagle preserve conservation easement into a
35 protective conservation easement for perpetuity. Said conservation easement
36 language shall be review and approved by the County prior to Final PUD approval.
37
38 14. Prior to issuance of a SLC Vegetation Removal Permit, the final wetland impact
39 avoidance/minimization/mitigation and restoration plans must be approved by all
40 applicable wetland jurisdictional agencies. Copies of correspondence demonstrating
41 these approvals shall be provided to SLC for our review. It will be a condition of site
42 plan approval that prior to issuance of a SLC Vegetation Removal Permit, the final
43 wetland restoration/creation plans and the final PAMP addressing long term
44 management and monitoring shall be approved by SLC ERD.
45
February 6, 2007
Page 5
Resolution 07-013
File No.: PUD-05-032
1 15. Property owner association documents or Declaration of Covenants shall be
2 submitted and approved by the owner/developer prior to Final PUD approval. The
3 guidelines, at a minimum, should specify restrictions on any encroachment into the
4 Open Space/Preserve Areas as well as restrictions on vegetation removal and , at a
5 minimum the documents shall include:
6
7 a. Language which notifies prospective property owners that the association
8 property includes open space/preserve areas which are protected under
9 conservation easements;
10 b. Language which informs the prospective property owners that the open
11 space/preserve areas may not be altered from their natural/ permitted
12 condition with the exception of: exotic vegetation removal, or restoration in
13 accordance with the restoration plan included in the conservation easement;
14 c. Language by which the homeowner's association accepts the responsibility
15 for perpetual maintenance of the conservation easement and agrees to take
16 action against lot owners as necessary to enforce the conditions of the
17 easement; and
18 d. Notification of property owners of any mitigation/monitoring and/or financial
19 assurances for which the association is responsible.
20 e. The guidelines should specify the importance of adhering to the guidelines in
21 the Eagle Management Plan and prohibiting alteration of the preserve areas.
22 Please include specific language referencing the future resident's and the
23 homeowner association's responsibilities with regards to stormwater
24 management and adoption of Best Management Practices with serious
25 consideration given to prohibiting or strictly limiting chemical usage in the
26 stormwater ponds which will likely be used by the eagles if they continue to
27 nest on-site after development occurs.
28
29 16. The applicant, successors, or assigns shall provide notice in all sales contracts to all
30 purchasers in the Eagle Bend PUD regarding the property owners' maintenance
31 responsibilities of all areas of preservation and protection shown on the project site
32 plans. The notice shall clearly identify all native habitat protection requirements and
33 penalties for impacting areas of preserve. A copy of the Preserve Area
34 Management Plan shall be provided to all future homeowners prior to purchase.
35
36 17. Prior to Final PUD approval, the developers, their successor or assigns, shall submit
37 to St. Lucie County Environmental Resources Department a revised Preserve Area
38 Management Plan designed to be used as a guide by the future homeowners
39 association for the long term management of the preserve area, including the littoral
40 and buffer planting plans and incorporating the nine principles of the Florida Yards
41 and Neighborhoods Program promoting "green" practices such as native plant
42 landscaping, water conservation, and minimization of fertilizers and pesticides, and
43 the plan in its entirety will be included as an exhibit to the HOA documents.
44 Furthermore, the final Preserve Area Management Plan, prepared for, and provided
45 to, the future homeowners of the Eagle Bend PUD, shall discuss the wildlife
46 observations on this site prior to site development and results of the required
February 6, 2007
Page 6
Resolution 07-013
File No.: PUD-05-032
I species specific surveys, to be conducted per USFWS and FFWCC protocol, and
2 discuss any specific management practices required or recommended that would
3 protect existing nests and foraging habitat and encourage future (i.e.; post-
4 development) usage of the site by of the wildlife observed and likely to exist on-site.
5
6 18. Prior to Final PUD approval, the final detailed littoral and upland buffer areas
7 planting plan shall be approved by SLC Environmental Resources Department.
8
9 19. Prior to Final Plat approval for this project, the developers, their successors and
10 assigns, shall have entered into an enforceable utility service agreement with Ft.
II Pierce Utilities Authority to ensure the provision of water and sewer services. This
12 agreement shall be in a form consistent with Ft. Pierce Utilities Authority regulations
13 regarding utility service extensions and service provisions.
14
15 20. The Eagle Bend PUD community center shall be built to standards that allow it to be
16 utilized as a hurricane shelter. The proposed community center shall be built with a)
17 hurricane resistant glass; b) hurricane resistant doors; and c) an emergency
18 generator.
19
20 21. Prior to the recording of any Final Plats of the Eagle Bend Planned Unit
21 Development, the developer, his successors or assigns, shall pay Road Impact Fees
22 to St. Lucie County in the amount of $2,616.00 per single-family lot and $1,902.00
23 per multiple-family (townhouse) unit. The developer, his successors or assigns,
24 shall not be responsible for any additional Road Impact Fee payments to St. Lucie
25 County. Should the Board of County Commissioners approve a Road Impact Fee
26 adjustment more than or less than the agreed to payment schedule described
27 above, the above described schedule shall apply, provided any impact fees are due
28 after all impact fee credits are applied.
29
30 22. The Eagle Bend Developer must secure access to Orange Avenue via Jenkins
31 Road through a legally binding agreement between the Eagle Bend Developer, the
32 Victoria Oaks Developer, and the county to provide the needed right of way and
33 construct the needed improvements based upon county requirements and the
34 results of the traffic impact report. Until the Jenkins Road connection to Orange
35 Avenue is established physically or secured through a legally enforceable
36 agreement approved by the County. the Eagle Bend project shall be limited to a
37 maximum 140 dwelling units. The cap may be increased up to a maximum of 340
38 dwelling units, based upon the results of a concurrency test and the issuance of a
39 certificate of capacity by the County.
40
41 23. Prior to Final PUD the applicant shall enter into an agreement with St. Lucie County
42 that will provide at least fifty (50) units of workforce housing units within the Eagle
43 Bend PUD project boundary. The fifty (50) workforce housing units shall be placed
44 in a program to be defined by and approved by the County. The workforce housing
45 units shall be the same design as other units and shall be placed throughout the
46 development. The workforce housing shall be priced to be affordable to families and
February 6, 2007
Page 7
Resolution 07-013
File No.: PUD-05-032
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individuals early an amount equal to or less than 30% of the average income in St.
Lucie County. The workforce housing units shall be the same design as adjacent
buildings and shall be located throughout the development.
B. The property on which this site plan approval is being granted is described below.
PARCEL 1:
THE NORTHEAST ONE-QUARTER, LESS THE WEST ONE-HALF OF
THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER, AND THE NORTH ONE-HALF OF THE NORTH ONE-HALF
OF THE SOUTHEAST ONE-QUARTER, LESS THE SOUTH 13 FEET
THEREOF AND LESS ROAD AND CANAL RIGHTS-OF-WAY OF
RECORD, LYING IN SECTION 1, TOWNSHIP 35 SOUTH, RANGE 39
EAST, S1. LUCIE COUNTY, FLORIDA.
PARCEL 2:
THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER, LESS
THAT PORTION LYING IN THE CENTRAL AND SOUTH FLORIDA
FARMS CONTROL DISTRICT AND LESS THAT PORTION LYING IN
ANGLE ROAD RIGHT-OF-WAY, AND THE NORTH ONE-HALF OF THE
NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER
OF SECTION 6, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LYING AND
BEING IN ST. LUCIE COUNTY, FLORIDA.
TOTAL SITE AREA IS 278.717 ACRES, MORE OR LESS.
Location:
South side of Angle Road, approximately 3/4 mile east of
Kings Highway.
C. This Preliminary Planned Unit Development Site Plan approval shall expire
on February 6, 2009, unless an extension is granted in accordance with
Section 11.02.06(B)(3), St. Lucie County Land Development Code as it may
be amendment from time to time, 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, P280 Land 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 Stated 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 of
February 6, 2007
Page 8
Resolution 07-013
File No.: PUD-05-032
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authorizations to commence development activities on the property described
in Part B.
E. The conditions set forth in Part A are an integral nonseverable part of the site
plan approval granted by this Resolution. If any condition set forth in Section
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 Department.
G. ADOPTION
After motion and second, the vote on this resolution was as follows:
Chairperson Chris Craft
AYE
Vice Chairperson Joe Smith
AYE
Commissioner Doug Coward
AYE
Commissioner Paula A. Lewis
AYE
Commissioner Charles Grande
NAY
PASSED AND DULY ADOPTED this 6th day of February, 2007,:~'.. ."
",.\'>,.
BOARD OF c6~GOMMIS$IONERS
ST. LUCIE COUNTY; FLORIDA
ATTEST:
B
/~
February 6, 2007
Page 9
Resolution 07-013
File No.: PUD-05-032