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HomeMy WebLinkAbout07-241 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 47 RESOLUTION NO. 07-241 File Number: PUD-420071099 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING PRELIMINARY PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR A 40 SINGLE FAMILY RESIDENTIAL LOT SUBDIVISION ON 81.938 ACRES FOR A PROJECT TO BE KNOWN AS CREEKSIDE RESERVE-PUD LOCATED ON THE SOUTH SIDE OF OKEECHOBEE ROAD, APPROXIMATELY 1.5 MILES WEST OF GORDY ROAD IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL SUBJECT TO CONDITIONS; PROVIDING FOR DESCRIPTION OF THE AFFECTED PROPERTY; PROVIDING FOR ENFORCEMENT OF CONDITIONS; AND PROVIDING FOR A RECORD FILE LOCATION. WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1, Preferred Properties of S1. Lucie, LLC presented a petition for a Preliminary Planned Unit Development Site Plan for a 40-unit single family residential subdivision for a project to be known as Creekside Reserve - PUD. 2. On August 16, 2007, the S1. Lucie County Planning and Zoning Commission held a public hearing on the petition of Preferred Properties of S1. Lucie, LLC, after publishing a notice of such hearing in the Tribune and the Port S1. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. 3. On September 18, 2007, this Board held a public hearing on the petition of Preferred Properties of S1. Lucie, LLC, for Preliminary Planned Unit Development Site Plan approval for the project to be known as Creekside Reserve - 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. 4. The Development Review Committee has reviewed the Preliminary Planned Unit Development 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 S1. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 5. The proposed project is consistent with the general purpose, goals, objectives and standards of the S1. Lucie County Land Development Code, the S1. Lucie County Comprehensive Plan, and the Code of Ordinances of S1. Lucie County. EDWIN M. FRY Jr CL SAINT LUCIE COUNTY ERK OF THE CIRCUIT COURT ~~EB#O 3113633 09/27/2007 at 08:42 AM OK 2885 PAGE 1343 RECORDING: $69.50 - 1350 Doc Type: RESO ~esolution No. 07-241 Page 1 File No.: PUD-420071 099 September 18, 2007 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 47 48 49 50 51 52 53 54 55 56 57 58 59 6. 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. 7. 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. 8. 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. 9. The proposed project will be served by adequate public facilities and services. 10. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire protection. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05(A) of the St. Lucie County Land Development Code, the Preliminary Planned Unit Development Plan for the project to be known as Creekside Reserve - PUD, and is hereby, approved as shown on the site plan drawings for the project prepared by Culpepper and Terpening on September 7, 2005, last revised on July 11, 2007, and date stamped received by the St. Lucie County Growth Management Department on September 11, 2007, subject to the following conditions: 1. Prior to Final Planned Unit Development Site Plan approval, the developer, his successors or assigns, shall provide St. Lucie County with a Transportation Impact Report (TIR), which includes the most recent MPO Traffic counts, in accordance with Section 11.02.09(4) of the St. Lucie County Land Development Code, Failure to demonstrate compliance with Chapter 5 of the St. Lucie County Land Development Code shall constitute grounds for denial of the Final Site Plan, 2, Prior to Final Planned Unit Development Site Plan approval, the developer, his successors or assigns shall provide St. Lucie County with a Boundary and Topographic Survey in accordance with Section 11.02.10(A)(2) of the Land Development Code. The Survey must be reviewed and acceptable to the County Surveyor. 3. Prior to Final Planned Unit Development Site Plan approval, the developer, his successors or assigns shall provide an emergency access point along the North St. Lucie River Water Management District Canal No. 51. The emergency access point must be in agreement with the St. Lucie County Fire District, the North St. Lucie River Water Management District and St. Luce County. 4, Prior to Final Planned Unit Development Site Plan approval the applicant shall provide a sketch and description of the two archaeological sites on the property, a site plan indicating the archaeological sites and the distance between those sites and the property line, and any proposed improvements or land disturbing activities, and an archeological site management plan shall be submitted and approved by the Growth Management Department. 5, Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department an executed and recorded conservation easement, including a site plan or map of conservation easement area locations and the legal description and number of acres of conservation easement coverage. 6. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a revised boundary survey showing the agency verified jurisdictional wetland boundaries, with course and distance data, tied to the property lines and acreage indicated. Please be sure to include the "Wetland Hardwood Forests" (FLUCFCS 610) as it is considered jurisdictional by the SFWMD and USACOE. File No.: PUD-420071099 September 18, 2007 Resolution No. 07-241 Page 2 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 47 48 49 50 51 52 53 54 55 56 57 58 59 7, Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a revised site plan showing the agency verified jurisdictional wetland boundaries, in order to confirm that the 50 foot buffer shown between the Category I wetland and the new development activity per Comprehensive Plan, Policy 8.1,14.1.a. is accurately calculated and illustrated. 8, Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a Preserve Area Management Plan, specifically addressing native plant preservation/planting and perpetual exotic removal in all of the preserve areas, including the 50 foot wetland buffer, the Wetland Hardwood Forests to be preserved and the marshes to be created along with a map of the exact locations of all of the preserve areas. The Preserve Area Management Plan shall be designed to be used as a guide by the future homeowners association for the long term management of the preserve area, including the buffer planting plans and incorporating the nine principles of the Florida Yards and Neighborhoods Program promoting "green" practices (1) Right Plant, Right Place - Plants selected to suit the specific site will require minimal amounts of water, fertilizer and pesticides; 2) Water Efficiently- Irrigate only when your lawn and landscape need water. Efficient watering is the key to a healthy Florida yard and conservation of our limited water resources; 3) Fertilize Appropriately- Less is often best. Over-utilization of fertilizers can be hazardous to your yard and the environment; 4) Mulch - Maintaining a 3" layer of mulch will help retain soil moisture, prevent erosion, and suppress weeds; 5) Attract Wildlife- Plants in your yard that provide food, water and shelter can conserve Florida's diverse wildlife; 6) Control Yard Pests Responsibly- Unwise use of pesticides can harm people, pets, beneficial organisms and the environment; 7) Recycle- Grass clippings, leaves, and yard trimmings, if recycled on site, add nutrients to the soil and reduce waste disposal; 8) Reduce Stormwater Runoff- Water running off from your yard can carry pollutants such as soil, debris, fertilizer and pesticides that can adversely impact our freshwater and marine ecosystems; 9) Protect the Waterfront - Waterfront property, whether on a bay, river, stream, pond or beach, is very fragile and should be protected as a natural treasure.), and the plan in its entirety shall be included as an exhibit to the HOA documents, Furthermore, the final Preserve Area Management Plan, prepared for, and made available to, the future homeowners of The Creekside Reserve, shall discuss the wildlife observations on this site prior to site development, and discuss any specific management practices that were implemented in the site plan or that might be future recommendations to consider that would encourage continued (Le.; post-development) usage of the site by of the wildlife (Le.; planting cypress trees near the creek for woodstorks to roost, maintaining shallow areas within the stormwater ponds for wading birds to forage, providing a specific list of native plants that provide wildlife food). 9, Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a copy of the Declaration of Master Covenants, Conditions, and Restrictions of the Creekside Reserve Homeowner's Association documents, that include the following: a. SpeCific language referencing the future resident's and the homeowner association's responsibilities with regards to preservation, protection, and management of the common preserve areas; b. Specific deed restrictions of all of the lots (1 through 17) that will contain a portion of the shoreline buffer preserve; c. Specific language referencing Section 6.02.02 of the SLC LDC which states that "Zone B shall consist of the area between Zone A and 300 feet from the ordinary high water line, when the site is located upstream of the Gordy Road structure. No development activity that would permit the introduction of any permanent structure that dos not comply with the provisions of St. Lucie County's flood damage prevention regulations in Section 6.05.00 of this code, is to be permitted, No road right-of-way (public or private), except for individual driveways, on-site drainage retention pond or system (except for lawfully permitted drainage conveyance outfalls), wastewater lift station, petroleum or chemical storage area (such as would be associated with a pool), or other activity that would contribute to the degradation of the water quality within the North Fork System is permitted." File No.: PUD-420071 099 September 18, 2007 Resolution No. 07-241 Page 3 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 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 10, Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department documentation of the verification of the wetland lines by SFWMD. 11. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department documentation of the verification of the wetland lines by the USACOE. 12. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a site plan showing final required locations of all silt fencing and tree area/preservation area barricades, 13. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a revised landscape plan showing all of the following items: a, b. Please state "Please see Preserve Area Management Plan, Figure 6" instead of "+/- 000 trees" for Lake Upland Buffer trees; Please also, as previously requested, specify that each required tree needs to meet the minimum 12' tall, 2,5" dbh (plan still shows caliper); Please show types and quantities of all plant species proposed to be planted; Please show the locations of the proposed littoral shelves and lists the plant species proposed for the littoral shelves and lists quantities and sizes of each species to be planted; Please show the locations of the proposed upland edge buffer zone and lists the plant species, quantities, and sizes of each species proposed for the upland edge buffer zone to be planted. The preserve area may consist of preserved or planted vegetation but shall include canopy, understory, and ground cover of native species only. As a minimum, ten square feet of such buffer shall be provided for each linear foot of wetland or deepwater habitat perimeter that lies adjacent to uplands. This upland edge habitat shall be located such that no less than 50 percent of the total shoreline is buffered by a minimum width of 10 feet of upland habitat. Please provide planting plans for both the littoral zone and the upland buffer in the revised site plan, Please also indicate whether or not the minimum square footage of upland buffer is being provided. c. d. e. B. The property on which this site plan approval is being granted is described below. That portion of the Southwest quarter of the Southwest quarter of Section 27, Township 35 South, Range 39 East, St. Lucie County, Florida, lying South and East of the following described line: Begin at a point 52 feet East of the Northwest corner of the Southwest quarter of the Southwest quarter of said Section 27; thence run South 00°42'20" West, on a line parallel to the Section line and 52 feet east thereof, a distance of 420.10 feet; thence South 29048'25" East, 84.45 feet; thence South 48031'15" East 93.71 feet, thence North 89000'05" East, 399.31 feet; thence South 75°01'30" East, 436.70 feet; thence North 47°47'45" East, 446.34 feet to a point the on East line of, and 349.06 feet South of the Northeast corner of the aforesaid Southwest quarter of the Southwest quarter of said Section 27. Less canal right-of-way as recorded in OR Book 164, Page 2391 of the Public Records of the St. Lucie County, Florida. The Northwest quarter of the Northwest quarter of Section 34, Township 35 South, Range 39 East, St. Lucie County, Florida, Together with the West 60 feet of the South 60 feet of the Northeast quarter of the Northwest quarter of said Section 34, Less the East 25 feet of the North 309.58 feet of the South 956.88 feet of the Northwest quarter of the Northwest quarter of said Section 34, Further Less canal right-of-way. The East half of the Northeast quarter of the Northeast quarter of Section 33, Township 35 South, Range 39 East, St. Lucie County, Florida. Location: Located on the south side of Okeechobee Road (S.R. 70) just west of the Ft. Pierce Turnpike Interchange, approximately one mile west of Gordy Road, the Creekside Reserve property is contiguous to the southwest corner of the approved Creekside PUD, and adjoins the South Florida Water Management Districts water attenuation facility to the east. File No.: PUD-420071 099 September 18, 2007 Resolution No. 07-241 Page 4 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 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Parcel 10#: 2327-333-0000-000/3,2334-220-0000-000/8, and 2333-111-0000-000/0 C. This Preliminary Planned Unit Development Site Plan approval shall expire on September 18, 2009, unless a Final Planned Unit Development Site Plan approval is obtained or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. D. The Preliminary Planned Unit Development Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner of Creekside Reserve - PUD. including any successors in interest, shall obtain all necessary development permits and construction authorizations from 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 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 Part 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 said plan shall be placed on file with the St. Lucie County Growth Management Department. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft AYE Vice-Chairman Joseph Smith AYE Commissioner Paula A. Lewis AYE Commissioner Charles Grande AYE Commissioner Doug Coward AYE PASSED AND DULY ADOPTED this 18 day of September, 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY H:\Planning\ Creekside\ Creekside Addition\Creekside Reserve Resolution 07-241.doc File No.: PUD-420071 099 September 18, 2007 Resolution No. 07-241 Page 5 1 2 3 4 5 6 7 8 9 Exhibit 10 11 12 13 . General Location Map 14 . Area Subject to the Change in Zoning 15 16 17 18 19 20 21 22 23 24 25 File No.: PUD-420071 099 September 18, 2007 Resolution No. 07-241 Page 6 en .S! 0 t::::..J (l)..J 0._ o <D s... .- o..U :J "'C...J ~ ' s...- <DC/) ........ ........ ~ 0 0.. ~ " " 8 ... ~ 1i: " ~ .s m m o "(""" I'- o o N ..q o ::J 0.. ¡¡¡ z C/) ~ PAlS apnllS :¡l0d P>l ~ ü . ~ o ;¡: ro c ro Ü ~ N Ü Pèl uoWe:) ¡8ue:) 17(;<") ~ ü . ¿ . ~ c ro o M " ü ¡(¡uno::; aaqo4oee~o r- o o N ~ m .91 ~ ùl ::¡ Q) ::¡ « 1:l ~ ('(l 0. Q) 5. 0. ('(l :;¡: ~ § c Ü .S 1:: ~ ~ ü M " ü A pe~itionof Preferred Properties ofStLucie, LLC for a Preliminary Planned Unit DeV~Iop.rnent (PUD) site plan appro"alconsistlngof 40 single family residential lot subdivision for the ro'ect to be known as Creekside Reserve a n:: UJ ...J ~ Z UJ > UJ ...J UJ MULLER" RD PUD 420071099 Legend (jrtJ14?cli :Management" Zit!Partmønf N Â Subject property Map prepared August 1, 2007