Loading...
HomeMy WebLinkAbout07-022 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 {Cf"! I-è '. ~1+6 -r::,,1ZI1L¿ 1 "1 c.~þ RESOLUTION NO. 07-022 File Number: PUD-05-019/RZ-05-015 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AFFECTING A 406.812 ACRE (MORE OR LESS) PARCEL OF LAND LOCATED ON THE EAST SIDE OF GERMANY CANAL ROAD, APPROXIMATELY 2 MILES SOUTHWEST OF THE INTERSECTION OF CARLTON ROAD AND GERMANY CANAL ROAD, GRANTING PRELIMINARY PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS HUNTER'S RUN, CONSISTING OF 67 SINGLE FAMILY UNITS; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL SUBJECT TO CONDITIONS; PROVIDED FOR DESCRIPTION OF THE AFFECTED PROPERTY; PROVIDING FOR EXPIRATION; PROVIDING FOR ADDITIONAL PERMITTING; PROVIDING FOR ENFORCEMENT OF CONDITIONS; AND PROVIDING FOR A RECORD FILE LOCATION. 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. Riverview Developers, LLC presented a petition.for Preliminary Planned Unit Development Approval for a 67 lot single family-unit residential subdivision to be known as Hunters Run - PUD; for certain property in 81. Lucie County, Florida as depicted on the attached maps as Exhibit "A" and described in Part "B" below. 2. On June 15, 2006, the S1. Lucie County Planning and Zoning Commission held a public hearing on the petition of Riverview Developers, LLC, after publishing a notice of such hearing in the Fort Pierce Tribune and notifying by mail all property owners within 500 feet of the property boundaries and recommended the Board of County Commissioners approve the subject application. 3. On April 17, 2007, this Board held a public hearing on the petition of Riverview Developers, LLC, for Preliminary Planned Unit Development approval for the project known as Hunter's Run PUD, after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property, and this Board continued the public hearing to their May 15, 2007 meeting. 4. On May 15, 2007, this Board re-opened the public hearing on the petition of Riverview Developers, LLC, for Preliminary Planned Unit Development approval for the project known as Hunter's Run PUD. May 15, 2007 Page 1 Resolution No. 07-022 File No.: PUD-05-019/RZ-05015 ::uo"cnm ~:u~~¡ ~8:!iz ~"'~E3: {j)~~Q~ , .......... m AI ~"ª":< ~l;ºg!=i" g:m~ z~ ~8~P ~~ m 0. ::a ~; '" ~~ 0 wß 'TI 0" .... g" :¡: -I m ~ ~ i1i c: '" ::¡ o " o c: ~ I 5. The Development Review Committee has reviewed the Preliminary Planned 2 Unit Development site plan for the proposed project and found it to meet all 3 technical requirements and to be consistent with the future land use maps of 4 the St. Lucie County Comprehensive Plan, subject to the conditions set forth 5 in Part A of this Resolution. 6 7 6. The proposed project is consistent with the general purpose, goals, objectives 8 and standards of the St. Lucie County Land Development Code, the St. Lucie 9 County Comprehensive Plan, and the Code of Ordinances of St. Lucie 10 County. II 12 7. This project provides significant benefits to the County because of the 13 donation of land to the County, participation in a Florida Communities Trust 14 (FCT) grant, enhancement of a greenway and environmental restoration. No 15 precedent shall be established based on the approval of this project. 16 17 8. The proposed project will not have an undue adverse effect on adjacent 18 property, the character of the neighborhood, traffic conditions, parking, utility 19 facilities or other matters affecting the public health, safety and general 20 welfare. 21 22 9. All reasonable steps have been taken to minimize any adverse effect of the 23 proposed project on the immediate vicinity through building design, site 24 design, landscaping and screening. 25 26 10. The proposed project will be constructed, arranged and operated so as not to 27 interfere with the development and use of neighboring property, in accordance 28 with applicable district regulations. 29 30 11. The proposed project will be served by adequate public facilities and services. 31 32 12.A certificate of capacity was granted for this project on May 15, 2007, a 33 copy of which is attached as Exhibit B. 34 35 36 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 37 St. Lucie County, Florida: 38 39 A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, 40 the Preliminary Planned Unit Development Plan for the project to be known as 41 Hunters Run - A Planned Unit Development be, and the same is hereby, approved 42 as shown on the site plan drawings for the project prepared by Culpepper & 43 Terpening Inc. dated 7/22/05, subsequently revised through 6/2106, and date 44 stamped received by the St. Lucie County Growth Management Director on April 30, 45 2007, subject to the following conditions: 46 May 15, 2007 Page 2 Resolution No. 07-022 File No.: PUD-05-019/RZ-05015 1 1. Prior to Final PUD approval, restoration plans (not including the Hackberry 2 Hammock Addition") shall be submitted to St. Lucie County Environmental 3 Resources Department staff for review and comment. The restoration 4 plans shall include at a minimum quantities, sizes and species of plants 5 that are commercially available, the schedule and timing of land 6 treatments and follow-up maintenance, details on any supplemental 7 irrigation that may be used, any proposed water management systems to 8 control exotic grasses prior to planting, and the timing of annual 9 monitoring reports. 10 2. Prior to Final PUD approval, the applicant shall work with the II Environmental Resources Department to identify sizes and species of 12 plants being used in the restoration areas. 13 3. Prior to Final PUD approval, the applicant shall submit a Preserve Area 14 Monitoring and Management Plan for the restoration areas and the 15 preservation areas found on site. The plan, at a minimum, shall address 16 exotic removal in all preserve and restoration areas, silt fencing and 17 protection barricades to be used during construction, details regarding the 18 monitoring program, replanting plans of native vegetation in any impacted 19 areas, details on permanent fencing (allowing for wildlife passage at the 20 base), signage, and an explanation of who will be responsible for future 21 maintenance. 22 4. Prior to Final PUD approval, a Preserve Area Management Plan indicating 23 the methods to be utilized to protect the archaeological site on the 24 property shall be submitted and approved by the Growth Management 25 Department. The plan shall indicate the location of the archaeological site 26 in relation to proposed improvements, including roadway and pedestrian 27 access areas. 28 5. Prior to or concurrent with Final Plat approval, a public access easement 29 shall be provided for the multiuse path along Germany Canal Road. The 30 proposed multi use path shall be a minimum of ten (10) feet in width and 31 the trail surface may be of a mulch or similar material. 32 6. The central potable water plant shall include a back-up generator to allow 33 for the continued supply of water in the event of power failures. The size 34 and operating capacity of this generator shall be determined as part of the 35 final design of the plant in consultation with the St. Lucie County Fire 36 District, St. Lucie County Health Department, the Department of 37 Environmental Protection and the County Utility Department. 38 7. As part of the Final PUD site plan submission, the Hunters Run PUD shall 39 exclude those lands that are to be, or have been conveyed to St. Lucie 40 County for the purpose of assisting the county in meeting its obligations 41 associated with the Hackberry Hammock Addition FCT project. May 15, 2007 Resolution No. 07-022 Page 3 File No.: PUD-05-019/RZ-05015 1 8. Prior to, or in conjunction with the recording of the first plat for the Hunters 2 Run PUD, the developer, his successor or assigns, shall provide or cause 3 to be provided, the construction of a southbound to westbound right turn 4 lane and a northbound to westbound left turn lane at the intersection of 5 Germany Canal Road and Carlton Road. 6 9. The applicant shall provide a notice in the sales contracts regarding the 7 property owners' maintenance responsibilities, including the preserve 8 areas. Restrictions and obligations shall be identified in the sales 9 agreement. 10 11 10. Prior to the recording of any Final Plats of the Hunter's Run Planned Unit 12 Development, the developer, his successors or assigns, shall pay Road 13 Impact Fees to S1. Lucie County in the amount of $2,616.00 per single- 14 family lot. The developer, his successors or assigns, shall not be 15 responsible for any additional Road Impact Fee payments to 81. Lucie 16 County. Should the Board of County Commissioners approve a Road 17 Impact Fee adjustment more than or less than the agreed to payment 18 schedule described above, the above described schedule shall apply, 19 provided any impact fees are due after all impact fee credits are applied. 20 21 11. No change shall be allowed that would reduce the amount of common 22 open space below 57%. 23 24 B. The property on which this site plan approval is being granted is described below. 25 26 ALL THAT PART OF THE WEST % OF SECTION 32, TOWNSHIP 36 SOUTH, RANGE 27 38 EAST, ST. LUCIE COUNTY, FLORIDA, LYING AND BEING NORTH OF THE 28 FOLLOWING DESCRIBED LINE: 29 30 BEGIN 30 FEET EAST OF THE SOUTHWEST CORNER OF SAID SECTION 32; 31 THENCE, RUN NORTHEASTERLY ALONG THE CENTERLINE OF CANAL TO A POINT 32 66 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SECTION 32, LESS AND 33 EXCEPTING THE FOLLOWING: 34 35 1. THE NORTHWEST 'I. OF THE NORTHEAST Y. OF SECTION 32; 36 2. THE WEST 100 FEET THEREOF FOR COUNTY ROAD RIGHT-OF-WAY; 37 3. THAT CERTAIN 20-ACRE PARCEL IN THE NORTHWEST CORNER THEREOF, 38 HERETOFORE CONVEYED TO ROAN H. KELLY, JR. AND CAROL E. KELLY, HIS 39 WIFE, BY WARRANTY DEED DATED SEPTEMBER 3, 1976, RECORDED IN O.R. 40 BOOK 257, PAGE 541, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, 41 FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 42 43 BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SECTION 32, 44 TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, AND 45 THE EAST RIGHT-OF-WAY LINE OF GERMANY CANAL ROAD; THENCE, RUN May 15, 2007 Page 4 Resolution No. 07-022 File No.: PUD-05-019/RZ-05015 I SOUTH 89045'08" EAST, ALONG THE NORTH LINE OF SECTION 32, A DISTANCE 2 OF 1,320 FEET; THENCE RUN SOUTH 01°37'23" EAST PARALLEL TO THE SAID 3 EAST RIGHT-OF-WAY OF GERMANY CANAL ROAD, A DISTANCE OF 660.35 FEET; 4 THENCE RUN NORTH 89045'05" WEST, 1320.00 FEET TO THE SAID EAST 5 RIGHT-OF-WAY; THENCE, RUN NORTH 01037'23" WEST A DISTANCE OF 660.35 6 FEET TO THE POINT OF BEGINNING. 7 8 TOGETHER WITH RIGHTS IN AND TO THE FOLLOWING: 9 lONoN-EXCLUSIVE EASEMENTS FOR ROADS AND CANALS HERETOFORE GRANTED II OVER AND UPON THE LANDS DESCRIBED BY INSTRUMENTS APPEARING AMONG 12 THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: O.R. 13 BOOK 12, PAGES 513, 522, AND 534; O.R. BOOK 28, PAGES 633 - 639; 14 O.R. BOOK 36, PAGE 132; AND A RECIPROCAL DECLARATION OF EASEMENT 15 AND JOINT USE AGREEMENT RECORDED IN O.R. BOOK 707, PAGE 2113. 16 17 CONTAINING 406.812 ACRES, MORE OR LESS. 18 19 LOCATION: EAST SIDE OF GERMANY CANAL ROAD, APPROXIMATELY 2 MILES 20 SOUTHWEST OF THE INTERSECTION OF CARLTON ROAD AND GERMANY CANAL 21 ROAD. 22 23 24 C. This Preliminary Planned Unit Development Site Plan approval shall expire 25 on May 15, 2009, unless an extension is granted in accordance with Section 26 11.02.06(8)(3), St. Lucie County Land Development Code or Final Planned 27 Unit Development Approval has been granted. 28 29 30 D. The Preliminary Planned Unit Development Site PlanlGeneral Site Plan 31 approval granted under this Resolution is specifically conditioned to the 32 requirement that the petitioner, Riverview Developers, LLC, including any 33 successors in interest, shall obtain all necessary development permits and 34 construction authorizations form the appropriate State and Federal regulatory 35 authorities, including but not limited to; the United Stated Army Corp of 36 Engineers, the Florida Department of Environmental Protection, and the 37 South Florida Water Management District, prior to the issuance of any local 38 building permits of authorizations to commence development activities on the 39 property described in Part B. 40 41 42 E. The conditions set forth in Part A are an integral nonseverable part of the site 43 plan approval granted by this Resolution. If any condition set forth in Part A 44 is determined to be invalid or unenforceable for any reason and the developer 45 declines to comply voluntarily with that condition, the site plan approval 46 granted by this resolution shall become null and void. May 15, 2007 Page 5 Resolution No. 07-022 File No: PUD-05-019/RZ-05015 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 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 AYE PASSED AND DULY ADOPTED this 15th day of May, 2007. , \' / ' ..f'',. ATTEST: r May 15, 2007 Page 6 Resolution No 07-022 File No.: PUD-05-019/RZ-05015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 May 15, 2007 Page 7 EXHIBIT A . Vicinity Maps . Site Location Map Resolution No. 07-022 File No.: PUD-05-019/RZ-05015 I 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 May 15, 2007 Page 8 EXHIBIT A . Vicinity Maps . Site Location Map Resolution No. 07-022 File No.: PUD-05-019/RZ-05015 ~ ë , o Ü ~ ii' o . ii E Ü 1.0 ...J ...J ..- 0 cJÍ I 1.0 ..... 0 Q) a. N '" ¡\- <D 0 c:r:: z*~ '¥l 0 ~ 0 N Q) oð ... > N Q) ,. '"' 0) ~¡ ¡ .. 0 :¡; ..- :<1 a¡ ~ 0 I Û :;; Q) 1.0 Oc.0'ð.(\ "- \h i!' '2: 0 "- ~t "- 0 " ~ .. Q) :¡; > => ö:: a... '" """.~, ".""""",,r po'-""'," ~ ë , o Ü c " . ::; "" .",~.o. . ! I ! ~ ] '"""'1·'. '.""·0...·"" ,. ",'''~ ....' ..,..... ""00 .,"" , o ¡ , ^tuna:::> aaqo4::>aa) o A petition of Riverview Developers, LLC, request for Preliminary Planned Unit Development Approval and a Change in Zoning from AG-5 (Agricultural-1 du/5ac) to the PUD (Planned Unit Development-Hunter's Run) Zoning District o a: z o '=' a: « u PUD 05-019 & RZ 05-015 Legend ~h~.~~"~,> fir"""" .N"""'fI""'n!~ 7J'ÕParhnnrl N A ~ Subject property Map prepared May 24, 2006 Land Use Riverview Developers, LLC o 0: Z o ':¡' 0: AG-5 ",. ü A -5 - -- PUD 05-019 Legend & RZ 05-0 15 ~ Subject property 5¥;;~~~... firlTW~1í ~amwePIJtm~ :oep,"/'II~;;;;- N A Map prepared May 24, 2006 Zoning A -5 PUD 05-019 & RZ 05-015 Riverview Developers, LLC o '" AG-5 Legend ~Á%k~~c_ ý'rowbf .:Atanoeemenr Ð'!,Parhrre7!1 N A ~ Subject property Map prepared May 24, 2006 1 2 3 4 5 May 15, 2007 Page 8 EXHIBIT B Certificate of Capacity Resolution No. 07-022 File No.: PUD-05-019/RZ-05015 CERTIFICATE OF CAPACITY 2300 Virginia Avenue Ft. Pierce, FL 34982 (772)-462-2822 Date: 1/29/2007 Certificate No. 2577 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 67 single-family residential subdivision. Number of units 67 Number of square feet 2. Property legal description & Tax ID no. 323221100010007;323213100010002 E. side of Germany Canal Road. Hunte~s Run Hunte~s Run 3. Approval: Building Permit Resolution No. 07-022 Letter 4. Subject to the following conditions for concurrency: See Conditions in Resolu1ion No. 07-022. Owner's name Riverview Developers LC Royal Professional Builders Address 2980 S 25th St Fort Pierce FL 34981 6. Certificate Expiration Date 5/15/2009 ------------ ---- ---- ---------------- 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. J3[)"ß NIX Growth Management Director: St Lucie County, Florida Signed ---¡5er/-;tY- Date: 5/23/2007 tjw Oí.lGIN P, CJot..£ Concurrency Review by: Signed ~ ... Date: 5/23/2007 Wednesday, May 23, 2007 Page 1 of 1