HomeMy WebLinkAbout07-052
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RESOLUTION NO. 07-052
FILE NO: PUD 06-011, RZ 06-018
A RESOLUTION GRANTING A CHANGE IN ZONING
FROM THE RS-2 (RESIDENTIAL, SINGLE-FAMILY - 2
DU I ACRE) ZONING DISTRICT AND THE CO
(COMMERCIAL, OFFICE) ZONING DISTRICT TO THE
PUD (PLANNED UNIT DEVELOPMENT - RIVER
LANDING) ZONING DISTRICT AND FINAL PLANNED
DEVELOPMENT SITE PLAN APPROVAL FOR THE
PROJECT KNOWN AS RIVER LANDING - PLANNED
UNIT DEVELOPMENT
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. A. W. Riverlandina. LLC, presented a petition for Final Planned Unit Development
approval for the project to be known as River Landing for the construction of 99
townhomes on 27.88 acres located at the east of 25th Street approximately.17 miles
north of West Midway Road.
2. The Development Review Committee has reviewed the site plan for the proposed project
and found it to meet minimum technical requirements.
3. On September 15, 2005, the St. 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 deny the Preliminary Planned Unit Development for the
project to be known as River Landing - PUD for the property depicted on the attached
Maps as Exhibit "A" and described in Part B below.
4. On November 29, 2005, the St. 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 Board adopted
Resolution No. 05-357, approving the Preliminary Planned Unit Development for the
project to be known as River Landing - PUD for the property depicted on the attached
Maps as Exhibit "A" and described in Part B below.
5. On February 20, 2007 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 continued
the public hearing to March 6, 2007
File No.: PUD 06-011
May 15, 2007
Resolution No. 07-052
Page 1
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6. On March 6, 2007 the Board of County Commissioners opened a public hearing, heard
comments and continued the public hearing to April 17, 2007. On April 17, 2007 the
Board of County Commissioners held a public hearing and continued the public hearing
to May 15, 2007, 2007.
7. On May 15, 2007 the Board of County Commissioners held a public hearing. After
hearing comments, the Board of County Commissioners approved a Change in Zoning
from the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District and the CO
(Commercial, Office) Zoning District to the PUD (Planned Unit Development - River
Landing) Zoning District and Final Planned Development Site Plan Approval for the
project known as River Landing for the property depicted on the attached Maps as Exhibit
"A" and described in Part B below.
8. The proposed project with the conditions of approval 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.
9. The proposed project with the conditions of approval 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. With the conditions of approval, 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 with the conditions of approval 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 St.
Lucie County, Florida:
A. Pursuant to Section 11.02.05 ofthe St. Lucie County Land Development Code, the Final
Site Plan for the project to be known as River Landing - A Planned Unit Development be, and
the same is hereby approved as shown on the site plan drawings for the project prepared by
Gentile Holloway O'Mahoney & Associates, Inc., dated August 3, 2006, and date stamped
received by the St. Lucie County Growth Management Director on August 6, 2006, for the
property described below, subject to the following conditions:
1. The Final Plat for the River Landing PUD shall not be recorded until constructible
File No.: PUD 06-011
May 15, 2007
Resolution No. 07-052
Page 2
1 engineering plans are approved, and all common improvements are either:
2
3 a. built and accepted or approved by St. Lucie County; or
4
5 b. appropriate security is provided to St. Lucie County in a form approved by the
6 County Attorney and an amount approved by the County Engineer, including an
7 amount necessary to cover the period of maintenance required by the Land
8 Development Code.
9
10 2. No final site plan construction Development Permits shall be issued by the County until
11 complete sets of sealed constructible final engineering plans, supporting calculations and
12 survey data for all site work and offsite improvements are submitted to the County and
13 approved by the Public Works Department, Utilities Department, Environmental Resources
14 Department, Growth Management Department, St. Lucie County Fire District, and any
15 other agency or County Department that may be determined by the Director of Growth
16 Management to be necessarily involved in the review and approval of the constructible
17 final engineering plans for the site work and offsite improvements. The determination of
1 8 whether or not plans submitted by the applicant constitute a complete set of constructible
1 9 plans shall be made by the departments involved in the plan review within rIVe business
20 days of the date the plans are received in the Department of Growth Management.
21
22 3. As part of the Final Plat for the proposed River Landing project, the petitioner, his
23 successors or assigns, shall convey to St. Lucie County, the west 20 feet of the subject
24 property for additional right-of-way for South 25th Street. To the extent permitted under
25 the County's Code and Compiled Laws, any such dedication may be considered eligible
26 for Road Impact Fee Credits. These Road Impact Fee Credits shall be transferable from the
27 Developer to any town home owner within the River Landing PUD. These credits may only
28 be used in association with town homes permitted in the River Landing Subdivision.
29
30 4. As part of the Final Plat for the proposed River Landing project, the petitioner, his
31 successors or assigns, shall convey to St. Lucie County, the south 30 feet along West
32 Midway Road of the subject property for additional right-of-way for West Midway Road.
33 To the extent permitted under the County's Code and Compiled Laws, any such dedication
34 may be considered eligible for Road Impact Fee Credits. These Road Impact Fee Credits
35 shall be transferable from the Developer to any townhome owner within the River Landing
36 PUD. These credits may only be used in association with town homes permitted in the
37 River Landing Subdivision.
38
39 5. Prior to the issuance of the Certificate of Occupancy (CO) for the first building permit,
40 the petitioner, his successor or assigns, shall construct a northbound right turn lane on
41 South 25th Street at the project entrance per County Standards. The roadway
42 improvements shall be constructed in accordance with the St. Lucie County Land
43 Development Code and the latest editions to the Florida Department of Transportation
44 (FDOT) Design Standards and the Standard Specifications for Road and Bridge
4 5 Construction.
46
47 6. Prior to the issuance of the first Certificate of Occupancy (CO), the developer, his
48 successors or assigns shall construct a 6-foot wide sidewalk along the project's frontage
File No.: PUD 06-011
May 15. 2007
Resolution No. 07-052
Page 3
1 on South 25th Street from the northerly property limits to the southern property limits or,
2 provide a fee in lieu of, equal to the cost of its construction based on an engineer's
3 estimate and agreed to by the County Engineer.
4
5 7. All site improvements, including, but not limited to, buildings, water/sewer lines,
6 landscaping, and common electrical lines, shall be constructed so as to meet Federal
7 Emergency Management Agency requirements. Among the requirements is that the
8 buildings be constructed as to allow for the unimpeded flow of floodwaters. For buildings
9 with foundations extending between the finished floor and a finished grade that is below
10 the base flood elevation of nine feet, a minimum of two openings having a total net area of
11 not less than one square inch for every square foot of enclosed area subject to flooding
12 shall be provided. The bottom of all openings shall be no higher than one foot above
13 grade. Openings may be equipped with screens, louvers, valves, or other coverings or
14 devices provided that they pennit the automatic entry and exit of floodwaters. Electrical
15 lines and water/sewer lines shall be so constructed so that no floodwaters may infiltrate
16 the systems. Sanitary sewers shall be required to contain a rain water stopper for all
17 manholes.
18
19 8. The finished floor elevation of all habitable buildings shall be at the base flood elevation of
20 nine (9) feet as detennined by the Federal Emergency Management Agency National Flood
21 Insurance Program Map. The elevation certificates required by NFIP shall be required to be
22 provided to and approved by the Building Official before each of the buildings passes
23 foundation and rough plumbing inspection by the St. Lucie County Building Official.
24
25 9. Prior to receiving a land/vegetation clearing pennit, the developers, their successor or
2 6 assigns, shall provide an analysis of what will happen to plantings installed below the
27 flood elevation to the Environmental Resources Department for their approval before any
28 landscaping commences. Landscaping shall be drought tolerant.
29
30 10. An environmental professional, experienced in handling Gopher Tortoises, shall be
31 retained for any relocation that may need to be done in the course of the construction,
32 as was recommended on page 13 of the EIA. An addition to this condition shall be that
33 prior to issuance of a St. Lucie County Vegetation Removal Pennit, a pre-clearing meeting
34 be conducted with the clearing contractors to provide educational materials (poster &
35 pamphlets) to infonn them of the protocol that shall be followed should a gopher tortoise
36 or a gopher tortoise burrow be encountered. If a gopher tortoise is encountered during
37 site construction, all work shall be halted and the environmental professional shall be
38 contacted to relocate it to an area within the preserve area.
39
4 0 11. An executed (signed) copy of the conservation easement document must be provided to
41 SLC ERD prior to the issuance of a SLC Vegetation Removal Pennit. Also, within 60 days
42 of issuance of a pennit a recorded copy of the easement document will be required to be
43 submitted. The conservation easement shall be made in favor of St. Lucie County and
44 shall encompass the entire 7.86 acres of habitat preserve area.
45
46 12. Prior to the issuance of a Building Pennit for a residential unit for the project:. the
47 developer, his sucx:essolS or assigns, shall coordinate with the St. Lucie County Fire
48 District to meet the adopted regulations regarding fire protection. These regulations
File No.: PUD 06-011
May 15. 2007
Resolution No. 07-052
Page 4
1 shall supersede any site plan notation regarding sprinklering.
2
3 13. A condition of approval shall be that prior to issuance of a SLC Vegetation Removal
4 Permit, a revised set of Civil Plans showing the proper locations of the silt fencing and
5 barricades must be supplied to ERD. Currently, the Civil Plans show the silt fence being
6 proposed through the middle of the preserve area. Please revise to show the silt fence
7 location to be along the entire western edge of the 7.86 acres of habitat preserve and tree
8 preservation barricades around the individual trees proposed for preservation along the
9 northern and southern property boundaries.
10
11 14. A condition of approval shall be that prior to clearing ofthe 5' mulch path throughout the
12 preserve area an on-site meeting shall be arranged, with SLC ERD staff and the person(s)
13 responsible for clearing the path, to field determine the best possible layout of the path to
14 avoid impacting any native vegetation.
15
16 15. A condition of approval shall be that all Category I and II invasive exotics are removed
17 from the property (and that none are planted - the latest landscape plan lists Ligustrum
18 lucidum and Livinstona chinensis to be planted) prior to the first certificate of occupancy
19 is granted.
20
21 16. Prior to issuance of any building permits or vegetation removal permits for any
22 portion of the River Landing - PUD project, the developers, their successor or assigns,
23 shall submit to St. Lucie County Environmental Resources Department a Preserve Area
24 Management Plan updated to reflect the revised site layout and designed to be used as a
25 guide by the future homeowners association for the long term management of the
2 6 preserve area, incorporating the nine principles of the Florida Yards and Neighborhoods
27 Program promoting "green" practices such as native plant landscaping, water
28 conservation, and minimization of fertilizers and pesticides, and the plan in its entirety will
29 be included as an exhibit to the HOA documents. Furthermore, the final Preserve Area
30 Management Plan, prepared for, and available to, the future homeowners of River Landing
31 PUD project, and discuss any specific management practices recommended that would
32 encourage continued (i.e.; post-development) usage of the site by of the wildlife (i.e.;
33 maintaining shallow areas within the stormwater ponds for wading birds to forage,
34 providing a specific list of native plants that provide wildlife food). The final Preserve Area
35 Management and Monitoring Plan shall be recorded in the public records of the County.
36
37 17. Prior to issuance ohny building permits or vegetation removal permits forany portion of
38 the River Landing PUD project, the developers, their successor or assigns, shall submit to
39 St. Lucie County Environmental Resources Department a plan identifying which trees will
40 be relocated on site, outlining the root pruning and relocation techniques to be employed
41 by the applicant prior to relocation, and areas where the trees will be relocated.
42
43 18. The applicant shall be required to submit to St. Lucie County an annual monitoring report
4 4 demonstrating compliance with the above conditions. The requirement for this report
45 shall begin on the anniversary date of commencement of construction and shall continue
46 on that date until two (2) years after the completion of the development. For the purpose
47 of this condition, "completion of the development" shall mean the issuance of the 97th
4 8 Certificate Df Occupancy or the Certificate of Occupancy for the 98th percentile of the final
File No.: PUD 06-011
May 15, 2007
Resolution No. 07-052
Page 5
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project density in the event that less than 99 units are constructed on this site.
19. The hours of operation for construction activities shall be limited to the time period from
7:00 A.M. to 5:30 P.M., Monday through Friday, 7:00 A.M. to 1:00 P.M. Saturday and no
work on Sundays. No construction shall take place on Federal Holidays. The hours of
operation restrictions do not apply to sales activities. In the event the County adopts
uniform hours of operation for construction activities that apply county wide, then such
hours of operation shall supersede the hours of operation set forth herein.
20. A condition of approval shall be that there shall be no alteration of that property lying east
of the property that was formerly zoned CO (Commercial, Office) for the 90 days from the
approval of this resolution.
B. The property on which this Final Planned Unit Development approval is being granted is
described as follows:
PARCEL 1
THE SOUTH 543 FEET OF LOTS 58 AND 59, WHITE CITY SUBDIVISION, AS RECORDED IN
PLAT BOOK 1, AT PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA; LESS THE WEST 40 FEET OF THE SOUTH 543 FEET OF LOT 58. ALL LYING IN
SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA.
PARCEL 2
THE EAST Yz OF THE WEST 600 FEET OF LOT 60, SHEEN'S SURVEY OF WHITE CITY,
SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT
RECORDED IN PLAT BOOK 1, AT PAGE 23, PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA; LESS AND EXCEPTING THAT PART THEREOF LYING SOUTH OF THE NORTH
RIGHT OF WAY LINE OF MIDWAY ROAD (STATE ROAD NO. 712). (Tax lD#'s: 3403-502-
0086~03,3403.s02-o093-o005)
(Location:
East of South 25th Street and .17 miles north of West Midway Road)
C. This Final Planned Unit Development approval shall expire on May 15, 2009, unless an
extension is granted in accordance with Section 11.02.06(B)(3), St. 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 thatthe petitioner, A W Rivertanding, 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 Ft. 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.
File No.: PUD 06-011
May 15, 2007
Resolution No. 07-052
Page 6
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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 St. 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 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.
J. This Order shall be recorded in the Public Records of St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chairman Chris Craft
YES
Vice-Chairman Joseph E. Smith
NO
Commissioner Paula A. Lewis
YES
Commissioner Doug Coward
NO
Commissioner Charles Grande
YES
File No.: PUD 06-011
May 15, 2007
Resolution No. 07-052
Page 7
PASSED AND DULY ADOPTED this 15th day of May 2007
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ATTEST:
szynkowl\River Landing\PUD-RES 07-052.doc
File No.: PUD 06-011
May 15. 2007
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Bva;,
Resolution No. 07-052
Page 8
1
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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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File No.: PUD 06-011
May 15. 2007
Resolution No. 07-052
Page 9
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EXHIBIT "B"
5
6
7
.
Certificate of Capacity
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File No.: PUD 06-011
May 15, 2007
Resolution No. 07-052
Page 10
\
,
CERTIFICATE OF CAPACITY
2300 Virginia Avenue
Ft. Pierce, FL 34982
(772)-462-2822
Date: 2/6/2007
Certificate No. 2568
lThiS docu~~-~t certifies that coucurrency will be met and that adequate p~blic facility capacity eX.ists to maintain the
standards for levels of service as adopted in the 8t Lucie County Comprehensive Plan for:
--...-- -- ------ -
1. Type of development 99 Residential Townhouses
Number of units 99
Number of square feet
2. Property legal description & Tax ID no.
340350200860003
Northeast comer of 25th 5t & Midway Rd
River Landing
River Landin9
3. Approval: Building Permit
4. Subject to the following conditions for concurrency:
Resolution No. 07-052
Letter
Owner's name
AW River Landing LLC
Address
1200 S Rogers Cir #11
Boca Raton
FL 33467
6. Certificate Expiration Date 5/15/2009
¡'litis 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.
L
J
8015 NiX
Growth Management Director:
5t Lucie County, Florida
Signed
73r£ H~
Date: 5/15/2007
Signed ~
..
AtJœEw,ß Df) ¡::::
Concurrency Review by:
Date: 5/15/2007
Tuesday, May 15, 2007
Page 1 of 1