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HomeMy WebLinkAbout04-220 1 RESOLUTION 04-220 2 File Number: PUD-04-019 and RZ-04-022 3 4 A RESOLUTION GRANTING PRELIMINARY AND PARTIAL 5 FINAL DEVELOPMENT PLAN APPROVAL FOR A 6 PROJECT KNOWN AS OAK ALLEY AND GRANTING A 7 CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL 8 RESIDENTIAL, 1 DUlAC) ZONING DISTRICT TO THE PUD 9 (PLANNED UNIT DEVELOPMENT - OAK ALLEY) ZONING 10 DISTRICT FOR THE RESIDENTIAL PORTION OF THE 11 PROJECT TO BE KNOWN AS OAK ALLEY PUD 12 13 WHEREAS, the Board of County Commissioners of St. Lucie County. Florida, based on the 14 testimony and evidence, including but not limited to the staff report, has made the following 15 determinations: 16 17 18 1. 19 20 21 22 23 2. 24 25 26 27 28 29 3. 30 31 32 33 34 35 36 37 38 1. 39 40 41 2. 42 43 44 45 CHANGE IN ZONING South 25th Street.. LLC, presented a petition for a change in zoning from the AR-1 (Agricultural Residential. 1 DUlAC) Zoning District to the PUD (Planned Unit Development - Oak Alley) Zoning District for certain property in St. Lucie County, Florida. On October 28, 2004. 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 to this AR-1 (Agricultural Residential. 1 DUlAC) Zoning District to the PUD (Planned Unit Development - Oak Alley) zoning district, be approved. On November 15. 2004, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property for the purpose of considering the requested change in zoning from AR-1 (Agricultural Residential, 1 DUlAC) Zoning District to the PUD (Planned Unit Development - Oak Alley) zoning district. to be located on the property described below. SITE PLAN South 25th Street.. LLC, presented a petition for a Planned Unit Development Plan for a 57-unit residential subdivision project to be known as OAK ALLEY PUD. On October 28. 2004, the St. Lucie Countrn Planning and Zoning Commission held a public hearing on the petition of South 25 h Street.. LLC, after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. EDWIN M. FRY. Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FilE # 314718812/20/2007 at 09:49 AM OR BOOK 2918 PAGE 231 - 253 Doc Type: RESO RECORDING: $197.00 esolution 04-220 Page 1 File No.: PUD-04-019 and RZ-04-022 November 15, 2004 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 3. On November 15. 2004. this Board held a public hearing on the petition of South 25th Street.. LLC. for Preliminary Planned Unit Development approval for the project known as OAK ALLEY 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 St. 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 St. Lucie County Land Development Code. the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 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. 11. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Community Development Director on November 15. 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County. Florida: PRELIMINARY SITE PLAN A. Pursuant to Section 11.02.05{B) of the St. Lucie County Land Development Code. the Preliminary Planned Unit Development Plan for the project to be known as OAK ALLEY.. and is hereby. approved as shown on the site plan drawings for the project prepared by Culpepper & Terpening. Inc.. and Houston Cuozzo Group on June 9, 2004, last revised on August 2, 2004. and date stamped received by the St. Lucie County Community Development Department on August 2. 2004, subject to the following conditions: File No.: PUD-04-019 and RZ-04-022 November 15, 2004 Resolution 04-220 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 1. Prior to. or in conjunction with, the recording of the first plats for any portion of the project known as Oak Alley. the developers shall provide for the creationlestablishment of a Conservation Easement over all areas of protected upland/wetland preservation as shown on the project site plan. This conservation easement shall be in favor of St. Lucie County. No alterations of land within these areas, other than as may be provided for through the required management plan for these areas, may take place without the prior consent of the County and determination by the County that the proposed activity is not in violation of any provision of the County's Comprehensive Plan or development standard of the County's Land Development Code. No physical improvements, except the trails indicated and associated informational, educational or safety features as indicated on the site plan, shall be permitted within the Preserve Area. 2. Prior to the recording of the first plats for any portion of the project known as Oak Alley, the developers shall provide St. Lucie County with a management plan for all areas of protected upland/wetland preservation as shown on the project site plan. The responsibilities and obligations associated with this management plan shall be included in any assignments to subsequent property owner association or similar management entity for the property. 3. The applicant, or his assigns, shall be required to submit to 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 of the development" shall mean the issuance of the 45th Certificate of Occupancy or the Certificate of Occupancy for the 75th percentile of the final project density in the event that less than 57 units are constructed on this site. 4. Prior to the issuance of any Land Clearing Permits for the Oak Alley PUD Site, the developer, or his assigns, shall clearly delineate all areas to be preserved andlor protected. Delineation shall be by either the placing of silt fencing. safety fencing or similar type of materials. Flagging shall not be used except to guide the installation of the fencing materials. All land clearing activities shall be in accordance to the specific conditionslstandards outlined in the Land Clearing Permit. Upon installation the Environmental Resource Division, prior to issuance of the land-clearing permit, shall inspect the installed fencing. 5. Prior to. or in conjunction with. the recording of the first plats for any portion of the project known as Oak Alley, the developer, or his assigns. shall have completed the execution of a final utility service agreement with the Ft. Pierce Utility Authority. indicating all developer obligations, including schedules. associated with servicing this site. File No.: PUD-04-019 and RZ-04-022 November 15, 2004 Resolution 04-220 Page 3 1 2 3 B. 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 The property on which this Preliminary Site Plan approval is being granted is described below. A PARCEL OF LAND LYING IN THE SOUTHEAST X OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE SOUTH 89°53'24" WEST, ALONG THE SOUTH LINE OF SAID SECTION 32, A DISTANCE OF 40.00 FEET TO THE INTERSECTION OF SAID SOUTH LINE AND THE WEST RIGHT-OF-WAY LINE OF SOUTH 25TH STREET (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE NORTH 00°02'50" WEST, ALONG SAID WEST RIGHT-OF-WAY LINE AND PARALLEL WITH THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 92.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL No. 102 (N.S.L.RW.C.D.), SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 89°53'24" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID N.S.L.RW.C.D. CANAL No. 102, A DISTANCE OF 2569.31 FEET TO THE EAST RIGHT-OF-WAY LINE OF CHRISTENSEN ROAD, A 50 FOOT WIDE RIGHT-OF-WAY, SAID EAST RIGHT-OF- WAY LINE LYING 25 FEET EAST OF, AND PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST X OF SECTION 32; THENCE NORTH 00°06'24" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 1579.21 FEET; THENCE NORTH 87°28'27" EAST, A DISTANCE OF 98.79 FEET; THENCE NORTH 88°07'52" EAST, A DISTANCE OF 115.13 FEET; THENCE NORTH 85°58'08" EAST, A DISTANCE OF 126.23 FEET; THENCE NORTH 87°03'40" EAST, A DISTANCE OF 69.46 FEET; THENCE SOUTH 89°25'48" EAST, A DISTANCE OF 224.92 FEET TO THE EAST LINE, OF THE WEST Y2, OF THE WEST Y2 OF THE SOUTHEAST X, OF SECTION 32; THENCE SOUTH 00°05'30" EAST, ALONG SAID EAST LINE, A DISTANCE OF 365.21 FEET TO THE NORTH LINE, OF THE SOUTH Y2, OF THE SOUTHEAST X, OF SAID SECTION 32; THENCE NORTH 89°57'36" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1317.79 FEET TO THE WEST LINE, OF THE EAST Y2, OF THE SOUTHEAST X, OF THE SOUTHEAST X, OF SAID SECTION 32; THENCE SOUTH 00°03'44" EAST, ALONG SAID WEST LINE, A DISTANCE OF 180.37 FEET, TO THE NORTH LINE OF THE SOUTH 150.00 FEET OF THE NORTH Y2, OF THE NORTHEAST X, OF THE SOUTHEAST X, OF THE SOUTHEAST X, OF SAID SECTION 32; THENCE NORTH 89°56'33" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 607.75 FEET, TO THE WEST RIGHT OF WAY LINE OF SAID SOUTH 25TH STREET; THENCE SOUTH 00°39'14" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 150.01 FEET, TO THE SOUTH LINE, OF THE NORTH Y2, OF THE NORTHEAST X, OF THE SOUTHEAST X, OF THE SOUTHEAST X, OF SAID SECTION 32; THENCE SOUTH 89°56'33" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 609.30 FEET TO THE WEST LINE, OF THE EAST Y2, OF THE SOUTHEAST X, OF THE SOUTHEAST X, OF SAID SECTION 32; THENCE SOUTH 00°03'44" EAST, ALONG SAID WEST LINE, A DISTANCE OF 330.37 FEET, TO THE NORTH LINE, OF THE SOUTHEAST X, OF THE SOUTHEAST X, OF THE SOUTHEAST X, OF SAID SECTION 32; THENCE NORTH 89°55'30" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 612.71 FEET, TO THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH 25TH STREET; THENCE SOUTH 00°39"14" EAST, ALONG SAID WEST RIGHT-OF- WAY LINE, A DISTANCE OF 568.38 FEET, TO THE NORTH RIGHT-OF-WAY LINE OF SAID N.S.L.R.W.C.D. CANAL No. 102 AND THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING. COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE SOUTH 89°53'24" WEST, ALONG THE SOUTH LINE OF SAID SECTION 32, A DISTANCE OF 40.00 FEET TO THE INTERSECTION OF SAID SOUTH LINE AND THE WEST RIGHT-OF-WAY LINE OF SOUTH 25TH STREET (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE NORTH 00°02'50" WEST, ALONG SAID WEST RIGHT-OF-WAY LINE AND PARALLEL WITH THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 92.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL No. 102 (N.S.L.R.W.C.D.); THENCE CONTINUE NORTH 00°39'14" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, A File No.: PUD-04-019 and RZ-04-022 November 15, 2004 Resolution 04-220 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 C. 22 23 24 25 26 D. 27 28 29 30 31 32 33 34 35 36 E. 37 38 39 40 41 42 F. 43 44 45 46 47 48 49 G. 50 51 52 DISTANCE OF 898.58 FEET TO THE SOUTH LINE, OF THE NORTH 1/2, OF THE NORTHEAST 1/4, OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, OF SAID SECTION 32 AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 89°56'33" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 609.30 FEET TO THE WEST LINE, OF THE EAST 1/2, OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, OF SAID SECTION 32; THENCE NORTH 00°03'44" WEST, ALONG SAID WEST LINE, A DISTANCE OF 150.00 FEET, TO THE NORTH LINE, OF THE SOUTH 150.00 FEET, OF THE NORTH 1/2, OF THE NORTHEAST 1/4, OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, OF SAID SECTION 32; THENCE NORTH 89°56'33" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 607.75 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH 25TH STREET; THENCE SOUTH 00°39'14" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 150.01 FEET RETURNING TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 68.4 ACRES, MORE OR LESS Location: West side of south 25th street @ NW Corner of Devine Road and South 25th street This preliminary Planned Unit Development Site Plan approval shall expire on November 15, 2006, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or Final Planned Unit Development Approval has been granted. The Preliminary Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, OAK ALLEY.. 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 authorizations to commence development activities on the property described in Part B. 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. 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 Community Development Department. FINAL PLANNED UNIT DEVELOPMENT SITE PLAN Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Final Planned Unit Development Plan for the project to be known as OAK ALLEY PUD.. and is hereby, approved as shown on the site plan drawings for the project prepared by Culpepper & Terpening, Inc., and Houston Cuozzo Group on File No.: PUD-04-019 and RZ-04-022 November 15, 2004 Resolution 04-220 Page 5 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 June 9, 2004, last revised on August 2, 2004, and date stamped received by the St. Lucie County Community Development Department on August 2, 2004, subject to the following conditions: 1. Prior to, or in conjunction with, the recording of the first plats for any portion of the project known as Oak Alley, the developers shall provide for the creationlestablishment of a Conservation Easement over all areas of protected uplandlwetland preservation as shown on the project site plan. This conservation easement shall be in favor of St. Lucie County. No alterations of land within these areas, other than as may be provided for through the required management plan for these areas, may take place without the prior consent of the County and determination by the County that the proposed activity is not in violation of any provision of the County's Comprehensive Plan or development standard of the County's Land Development Code. No physical improvements, except the trails indicated and associated informational, educational or safety features as indicated on the site plan, shall be permitted within the Preserve Area. 2. Prior to the recording of the first plats for any portion of the project known as Oak Alley, the developers shall provide St. Lucie County with a management plan for all areas of protected upland/wetland preservation as shown on the project site plan. The responsibilities and obligations associated with this management plan shall be included in any assignments to subsequent property owner association or similar management entity for the property. 3. The applicant, or his assigns, shall be required to submit to 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 of the development" shall mean the issuance of the 45th Certificate of Occupancy or the Certificate of Occupancy for the 75th percentile of the final project density in the event that less than 57 units are constructed on this site. 4. Prior to the issuance of any Land Clearing Permits for the Oak Alley PUD Site, the developer, or his assigns, shall clearly delineate all areas to be preserved andlor protected. Delineation shall be by either the placing of silt fencing, safety fencing or similar type of materials. Flagging shall not be used except to guide the installation of the fencing materials. All land clearing activities shall be in accordance to the specific conditionslstandards outlined in the Land Clearing Permit. Upon installation the Environmental Resource Division, prior to issuance of the land-clearing permit, shall inspect the installed fencing. 5. Prior to, or in conjunction with, the recording of the first plats for any portion of the project known as Oak Alley, the developer, or his assigns, shall have completed the execution of a final utility service agreement File No.: PUD-04-019 and RZ-04-022 November 15, 2004 Resolution 04-220 Page 6 1 2 3 4 5 H. 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 with the Ft. Pierce Utility Authority, indicating all developer obligations, including schedules, associated with servicing this site. The property on which this Final Planned Unit Development site plan approval is being granted is described below. Oak Alley PUD - Residential Parcel A PARCEL OF LAND LYING IN THE SOUTHEAST % OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE SOUTH 89°53'24" WEST, ALONG THE SOUTH LINE OF SAID SECTION 32, A DISTANCE OF 40.00 FEET TO THE INTERSECTION OF SAID SOUTH LINE AND THE WEST RIGHT-OF-WAY LINE OF SOUTH 25TH STREET (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE NORTH 00°02'50" WEST, ALONG SAID WEST RIGHT-OF-WAY LINE AND PARALLEL WITH THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 92.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL No. 102 (N.S.L.R.W.C.D.), SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 89°53'24" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID N.S.L.RW.C.D. CANAL No. 102, A DISTANCE OF 2569.31 FEET TO THE EAST RIGHT-OF-WAY LINE OF CHRISTENSEN ROAD, A 50 FOOT WIDE RIGHT-OF-WAY, SAID EAST RIGHT-OF- WAY LINE LYING 25 FEET EAST OF, AND PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST % OF SECTION 32; THENCE NORTH 00°06'24" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 1579.21 FEET; THENCE NORTH 87"28'27" EAST, A DISTANCE OF 98.79 FEET; THENCE NORTH 88°07'52" EAST, A DISTANCE OF 115.13 FEET; THENCE NORTH 85°58'08" EAST, A DISTANCE OF 126.23 FEET; THENCE NORTH 87°03'40" EAST, A DISTANCE OF 69.46 FEET; THENCE SOUTH 89°25'48" EAST, A DISTANCE OF 224.92 FEET TO THE EAST LINE, OF THE WEST %, OF THE WEST % OF THE SOUTHEAST %, OF SECTION 32; THENCE SOUTH 00°05'30" EAST, ALONG SAID EAST LINE, A DISTANCE OF 365.21 FEET TO THE NORTH LINE, OF THE SOUTH %, OF THE SOUTHEAST %, OF SAID SECTION 32; THENCE NORTH 89°57'36" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1317.79 FEET TO THE WEST LINE, OF THE EAST %, OF THE SOUTHEAST %, OF THE SOUTHEAST %, OF SAID SECTION 32; THENCE SOUTH 00°03'44" EAST, ALONG SAID WEST LINE, A DISTANCE OF 180.37 FEET, TO THE NORTH LINE OF THE SOUTH 150.00 FEET OF THE NORTH %, OF THE NORTHEAST %, OF THE SOUTHEAST %, OF THE SOUTHEAST %, OF SAID SECTION 32; THENCE NORTH 89°56'33" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 607.75 FEET, TO THE WEST RIGHT OF WAY LINE OF SAID SOUTH 25TH STREET; THENCE SOUTH 00°39'14" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 150.01 FEET, TO THE SOUTH LINE, OF THE NORTH %, OF THE NORTHEAST %, OF THE SOUTHEAST %, OF THE SOUTHEAST %, OF SAID SECTION 32; THENCE SOUTH 89°56'33" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 609.30 FEET TO THE WEST LINE, OF THE EAST %, OF THE SOUTHEAST %, OF THE SOUTHEAST %, OF SAID SECTION 32; THENCE SOUTH 00°03'44" EAST, ALONG SAID WEST LINE, A DISTANCE OF 330.37 FEET, TO THE NORTH LINE, OF THE SOUTHEAST %, OF THE SOUTHEAST %, OF THE SOUTHEAST %, OF SAID SECTION 32; THENCE NORTH 89°55'30" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 612.71 FEET, TO THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH 25TH STREET; THENCE SOUTH 00°39"14" EAST, ALONG SAID WEST RIGHT-OF- WAY LINE, A DISTANCE OF 568.38 FEET, TO THE NORTH RIGHT-OF-WAY LINE OF SAID N.S.L.RW.C.D. CANAL No. 102 AND THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING. COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE SOUTH 89°53'24" WEST, ALONG THE SOUTH LINE OF SAID SECTION 32, A DISTANCE OF 40.00 FEET TO THE INTERSECTION OF SAID SOUTH LINE AND THE WEST RIGHT-OF-WAY LINE OF SOUTH 25TH STREET (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE NORTH 00°02'50" File No.: PUD-04-019 and RZ-04-022 November 15, 2004 Resolution 04-220 Page 7 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 I. 27 28 29 30 31 J. 32 33 34 35 36 37 38 39 40 41 K. 42 43 44 45 46 47 L. 48 49 50 51 WEST, ALONG SAID WEST RIGHT-OF-WAY LINE AND PARALLEL WITH THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 92.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL No. 102 (N.S.L.R.W.C.D.); THENCE CONTINUE NORTH 00°39'14" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 898.58 FEET TO THE SOUTH LINE, OF THE NORTH 1/2, OF THE NORTHEAST 1/4, OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, OF SAID SECTION 32 AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 89°56'33" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 609.30 FEET TO THE WEST LINE, OF THE EAST 1/2, OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, OF SAID SECTION 32; THENCE NORTH 00°03'44" WEST, ALONG SAID WEST LINE, A DISTANCE OF 150.00 FEET, TO THE NORTH LINE, OF THE SOUTH 150.00 FEET, OF THE NORTH 1/2, OF THE NORTHEAST 1/4, OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, OF SAID SECTION 32; THENCE NORTH 89°56'33" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 607.75 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH 25TH STREET; THENCE SOUTH 00°39'14" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 150.01 FEET RETURNING TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 68.4 ACRES, MORE OR LESS Location: West side of south 25th street @ NW Corner of Devine Road and South 25th street This Final Planned Unit Development Site Plan approval shall expire on November 15, 2006, unless the final plats are recorded for the Oak Alley PUD Subdivision are recorded in the land records of St. Lucie County or an extension is granted in accordance with Section 11.02.06(B){3), St. Lucie County Land Development Code. The Final Planned Unit Development Site PlanlGeneral Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, OAK ALLEY PUD.. 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 authorizations to commence development activities on the property described in Part H. The conditions set forth in Part G are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Part G 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. A Certificate of Capacity, a copy of which is attached to this resolution as Exhibit "A", was granted by the Community Development Director on November 15, 2006, which certificate shall remain valid for the period of Final PUD approval or any extension granted thereto. File No.: PUD-04-019 and RZ-04-022 November 15, 2004 Resolution 04-220 Page 8 1 M. 2 3 4 A copy of this Resolution shall be attached to the site plan drawings described in Part G, which plan shall be placed on file with the St. Lucie County Community Development Department. 5 6 7 N. 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 CHANGE IN ZONING The proposed Change in Zoning District Classification from the AR-1 (Agricultural Residential, 1 DUlAC) Zoning District to the PUD (Planned Unit Development - Oak Alley) Zoning District for that property depicted on the attached maps as Exhibit "B" and more particularly described as follows: Oak Alley PUD - Residential Parcel A PARCEL OF LAND LYING IN THE SOUTHEAST ~ OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST, S1. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE SOUTH 89°53'24" WEST, ALONG THE SOUTH LINE OF SAID SECTION 32, A DISTANCE OF 40.00 FEET TO THE INTERSECTION OF SAID SOUTH LINE AND THE WEST RIGHT-OF-WAY LINE OF SOUTH 25TH STREET (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE NORTH 00°02'50" WEST, ALONG SAID WEST RIGHT-OF-WAY LINE AND PARALLEL WITH THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 92.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE NORTH S1. LUCIE RIVER WATER CONTROL DISTRICT CANAL No. 102 (N.S.L.R.W.C.D.), SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 89°53'24" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID N.S.L.R.W.C.D. CANAL No. 102, A DISTANCE OF 2569.31 FEET TO THE EAST RIGHT-OF-WAY LINE OF CHRISTENSEN ROAD, A 50 FOOT WIDE RIGHT-OF-WAY, SAID EAST RIGHT-OF- WAY LINE LYING 25 FEET EAST OF, AND PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST ~ OF SECTION 32; THENCE NORTH 00°06'24" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 1579.21 FEET; THENCE NORTH 87°28'27" EAST, A DISTANCE OF 98.79 FEET; THENCE NORTH 88°07'52" EAST, A DISTANCE OF 115.13 FEET; THENCE NORTH 85°58'08" EAST, A DISTANCE OF 126.23 FEET; THENCE NORTH 87°03'40" EAST, A DISTANCE OF 69.46 FEET; THENCE SOUTH 89°25'48" EAST, A DISTANCE OF 224.92 FEET TO THE EAST LINE, OF THE WEST %, OF THE WEST % OF THE SOUTHEAST ~, OF SECTION 32; THENCE SOUTH 00°05'30" EAST, ALONG SAID EAST LINE, A DISTANCE OF 365.21 FEET TO THE NORTH LINE, OF THE SOUTH %, OF THE SOUTHEAST ~, OF SAID SECTION 32; THENCE NORTH 89°57'36" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1317.79 FEET TO THE WEST LINE, OF THE EAST Y:z, OF THE SOUTHEAST K OF THE SOUTHEAST ~, OF SAID SECTION 32; THENCE SOUTH 00·03'44" EAST, ALONG SAID WEST LINE, A DISTANCE OF 180.37 FEET, TO THE NORTH LINE OF THE SOUTH 150.00 FEET OF THE NORTH %, OF THE NORTHEAST ~, OF THE SOUTHEAST ~, OF THE SOUTHEAST K OF SAID SECTION 32; THENCE NORTH 89°56'33" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 607.75 FEET, TO THE WEST RIGHT OF WAY LINE OF SAID SOUTH 25TH STREET; THENCE SOUTH 00°39'14" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 150.01 FEET, TO THE SOUTH LINE, OF THE NORTH %, OF THE NORTHEAST ~, OF THE SOUTHEAST ~, OF THE SOUTHEAST ~, OF SAID SECTION 32; THENCE SOUTH 89°56'33" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 609.30 FEET TO THE WEST LINE, OF THE EAST %, OF THE SOUTHEAST~, OF THE SOUTHEAST ~, OF SAID SECTION 32; THENCE SOUTH 00°03'44" EAST, ALONG SAID WEST LINE, A DISTANCE OF 330.37 FEET, TO THE NORTH LINE, OF THE SOUTHEAST ~, OF THE SOUTHEAST K OF THE SOUTHEAST ~, OF SAID SECTION 32; THENCE NORTH 89°55'30" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 612.71 FEET, TO THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH 25TH STREET; THENCE SOUTH 00°39"14" EAST, ALONG SAID WEST RIGHT-OF- File No.: PUD-04-019 and RZ-04-022 November 15,2004 Resolution 04-220 Page 9 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 WAY LINE, A DISTANCE OF 568.38 FEET, TO THE NORTH RIGHT-OF-WAY LINE OF SAID N.S.L.R.W.C.D. CANAL No. 102 AND THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING. COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE SOUTH 89°53'24" WEST, ALONG THE SOUTH LINE OF SAID SECTION 32, A DISTANCE OF 40.00 FEET TO THE INTERSECTION OF SAID SOUTH LINE AND THE WEST RIGHT-OF-WAY LINE OF SOUTH 25TH STREET (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE NORTH 00°02'50" WEST, ALONG SAID WEST RIGHT-OF-WAY LINE AND PARALLEL WITH THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 92.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL No. 102 (N.S.L.R.W.C.D.); THENCE CONTINUE NORTH 00°39'14" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 898.58 FEET TO THE SOUTH LINE, OF THE NORTH 1/2, OF THE NORTHEAST 1/4, OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, OF SAID SECTION 32 AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 89°56'33" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 609.30 FEET TO THE WEST LINE, OF THE EAST 1/2, OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, OF SAID SECTION 32; THENCE NORTH 00°03'44" WEST, ALONG SAID WEST LINE, A DISTANCE OF 150.00 FEET, TO THE NORTH LINE, OF THE SOUTH 150.00 FEET, OF THE NORTH 1/2, OF THE NORTHEAST 1/4, OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, OF SAID SECTION 32; THENCE NORTH 89°56'33" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 607.75 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH 25TH STREET; THENCE SOUTH 00°39'14" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 150.01 FEET RETURNING TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 68.4 ACRES, MORE OR LESS Location: West side of south 25th street @ NW Corner of Devine Road and South 25th street owned by South 25th Street LLC., is hereby approved. O. A copy of this resolution shall be attached to the site plan drawings described in Part G, which plan shall be placed on file with the St. Lucie County Community Development Director. P. 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 Paula Lewis AYE Vice-Chairman John Bruhn AYE Commissioner Cliff Barnes AYE Commissioner Frannie Hutchinson AYE File No.: PUD-04-019 and RZ-04-022 November 15, 2004 Resolution 04-220 Page 10 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 Commissioner Doug Coward AYE PASSED AND DULY ADOPTED this 15TH day of November, 2004. ATTEST ~~~~ Deputy Clerk File No.: PUD-04-019 and RZ-04-022 November 15, 2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY,FLORIDA APPROVED AS TO FORM AND CORRECTNESS Resolution 04-220 Page 11 1 2 3 4 EXHIBIT "A" 5 6 7 Certificate of Capacity 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 File No.: PUD-04-019 and RZ-04-022 November 15, 2004 Resolution 04-220 Page 12 St Lucie County Certificate of Capacity Date 9/9/2005 Certificate No. 2178 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 PRELIMINARY & FINAL PUD & PNRD FOR OAK ALLEY Number of units Number of square feet 2. Property legal description & Tax ID no. 2432-444-0003-000/8 (several) West side ofS 25th St. @ NW comer of Devine OAK ALLEY OAK ALLEY 3. Approval: Building Resolution No. 05-134 Letter 4. Subject to the following conditions for concurrency: SUBJECT TO CONDITIONS SETFORTH IN RESOLUTION #05-034 SECTION A. Owner's name SOUTH 25TH STREET, LLC. Address 2980 SOUTH 25TH STREET FORT PIERCE FL 34981 6. Certificate Expiration Date 9/9/2006 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. Signed 11: / ß./ ~ ft..d'J¿/· Date: 9/1612005 Growth Management Director St Lucie County, Florida Friday, September 16,2005 Page 1 of2 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 1 2 3 4 5 6 7 Exhibit "B" Location Maps and Site Plan Graphics 8 File No.: PUD-04-019 and RZ-04-022 November 15, 2004 Resolution 04-220 Page 13 r CONSUL TlNG ENGINEERS &: =E LAND SURVEYORS '-\ CULPEP. PER &: 2980 SOUTH 25th SlREET ~ . FORT PIERCE. flORIDA 3.981 T TERPENING,INc. (772) 464-3537 Stat. of f10rlckl Boord of f'rofilssionol [ngineefll Authorlzollon No. 4286 OAK ALLEY EXHIBIT 5: SITE AERIAL 03-064BASE,dwg 06/17/04 ~ I I l I I ~ I 1 1 ~ 1 ¡ l- I 1 1 I ~ 1 I I I I 1 I I I 1 1 1 I I 1 ~ I I 1 I I I I I f .. I , I I I ~I 'I :1 -I ~I I I I I I I I I I 1 I I t I ÎtV.,l! ., .,.. \C I""l snJtt ¡).f¡ ]15 (.. 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