HomeMy WebLinkAbout07-130
1 RESOLUTION NO. 07-130
2 FILE NO.: PUD 06-004
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5 A RESOLUTION GRANTING APPROVAL TO THE
6 APPLICATION OF JIM COSEO FOR AN AMENDMENT TO
7 THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING
8 FROM THE AG - 5 (AGRICULTURAL - 1 DU I 5 ACRES)
9 ZONING DISTRICT TO THE PUD (PRELIMINARY
10 PLANNED UNIT DEVELOPMENT SHINN LAKES)
11 ZONING DISTRICT AND PRELIMINARY PLANNED UNIT
12 DEVELOPMENT SITE PLAN APPROVAL FOR THE
13 DEVELOPMENT OF 76 SINGLE-FAMILY DWELLING UNITS
14 ON 382.0 ACRES (MORE OR LESS) OF LAND LOCATED
15 ON THE EAST SIDE OF SHINN ROAD, APPROXIMATELY
16 2.5 MILES NORTH OF OKEECHOBEE ROAD, FOR THE
17 PROJECT TO BE KNOWN AS SHINN LAKES PLANNED
18 UNIT DEVELOPMENT (SHINN LAKES - PUD).
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20 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
21 testimony and evidence, including but not limited to the staff report, has made the following
22 determinations:
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24 1. Jim Coseo petitioned for an Amendment to the Official Zoning Atlas to change the Zoning
25 from the AG-S (Agricultural - 1 du/S acres) Zoning District to the PUD (Planned Unit
26 Development - Shinn Lakes) Zoning District and Preliminary Planned Unit Development
27 Site Plan approval for the project to be known as Shinn Lakes - PUD, a single family
28 residential subdivision consisting of 382 acres and 76 single family lots, located on the east
29 side of Shinn Road, approximately 2.S miles north of Okeechobee Road.
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31 2. The Development Review Committee has reviewed the site plan for the proposed project
32 and has found that it meets all technical requirements and is consistent with the future
33 land use maps of the St. Lucie County Comprehensive Plan.
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35 3. On February 1S, 2007, the St. Lucie County Planning and Zoning Commission held a public
36 hearing, of which due public notice was published and mailed to all property owners within
37 SOO feet of the subject property at least 10 days prior to the hearing, and Staff
38 recommended that the review be continued to the June 21, 2007 Planning and Zoning
39 Commission meeting or soon thereafter. That meeting was continued to the March 1S, 2007
40 Planning and Zoning Board meeting.
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42 4. On March 1S, 2007, the St. Lucie County Planning and Zoning Commission held a public
43 hearing, and Staff recommended that the review of the project be continued to the April 19,
44 2007 Planning and Zoning Commission meeting or soon thereafter, in order to further review
45 the project's compatibility with the Planned Unit Development and Open Space standards of
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FilE # 3144702 12/14/2007 at 08:28 AM
OR BOOK 2915 PAGE 2622 - 2634 Doc Type: RESO
RECORDING: $112.00
1 the County's Land Development Code and Comprehensive Plan. Staff determined that a
2 hearing before the Board of County Commissioners was warranted in order to interpret the
3 language of the County's Land Development Code and Comprehensive Plan that could
4 ultimately affect the design of the proposed project.
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6 5. On April 10, 2007, the Board of County Commissioners held a public hearing and addressed
7 the language and interpretation of the open space requirements within Agricultural - 2.5 and
8 Agricultural - 5 Future Land Uses. The Board addressed the need to clarify the definitions
9 "open space" and "yards" within lands designated as Agricultural - 2.5 and Agricultural - 5
10 Future Land Uses. The Board determined that further review was required in order to make
11 those determinations.
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13 6. On April 19, 2007, the St. Lucie County Planning and Zoning Commission held a public
14 hearing, and Staff recommended that the review be continued to the May 22, 2007 Planning
15 and Zoning Commission meeting or soon thereafter, since the Board of County
16 Commissioners required additional time to make a final determination on the interpretation
17 of the Comprehensive Plan Policy concerning the requirements of the open space standards
18 within Agricultural- 2.5 and Agricultural- 5 Future Land Uses.
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20 7. On May 22, 2007, the applicant requested that the project be heard at the June 21, 2007
21 Planning and Zoning meeting without continuation regardless of Staff recommendation.
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23 8. On June 21, 2007, the St. Lucie County Planning and Zoning Commission held a public
24 hearing, of which due public notice was published and mailed to all property owners within
25 500 feet of the subject property at least 10 days prior to the hearing, and Staff
26 recommended that the review be continued to the October 18, 2007 Planning and Zoning
27 Commission meeting or soon thereafter, since the Board of County Commissioners required
28 additional time to make a final determination on the interpretation of the Comprehensive
29 Plan Policy concerning the requirements of the open space standards within Agricultural -
30 2.5 and Agricultural - 5 Future Land Uses.
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32 9. On July 24, 2007 the applicant came before the Board of County Commissioners and
33 presented a revised site plan which implements the clustering design as per Section
34 7.01.03.K and open space requirements pursuant to Chapter 7.01.03.1.1.2(a). Staff has
35 determined the proposed development is in compliance with the Open and Common Open
36 Space standards of Sections 7.04.02.8 and 7.01.03.1.2 of the County's Land Development
37 Code.
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39 10. On October 18,2007, the St. Lucie County Planning and Zoning Commission held a public
40 hearing, and recommended by a unanimous vote that the Board of County Commissioners
41 adopt a Resolution granting approval for an Amendment to the Official Zoning Atlas to
42 change the Zoning from the AG-5 (Agricultural 1 du I 5 acres) Zoning District to the PUD
43 (Planned Unit Development - Shinn Lakes Estates) Zoning District and Preliminary
44 Planned Unit Development Site Plan approval for the project to be known as Shinn Lakes
45 Estates - PUD.
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47 11. On November 20, 2007, the St. Lucie County Board of County Commissioners held a
48 public hearing, of which due public notice was published and mailed to all property owners
49 within 500 feet of the subject property at least 10 days prior to the hearing, and adopted a
File No.: PUD-06-004
Bee November 20, 2007
Resolution No. 07-130
Page 2
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Resolution granting approval for an Amendment to the Official Zoning Atlas to change the
Zoning from the AG-S (Agricultural 1 du I S acres) Zoning District to the PUD (Planned Unit
Development - Shinn Lakes Estates) Zoning District and Preliminary Planned Unit
Development Site Plan approval for the project to be known as Shinn Lakes Estates -
PUD.
12. This Board has determined that the proposed project allows for the efficient use of land,
which can result in smaller networks of utilities and streets and thereby lower development
costs;
13. This Board has determined that the proposed project allows for design options that
encourage an environment of stable character, compatible with the surrounding land uses;
14. This Board has determined that the proposed project permits the enhancement of
neighborhoods through the preservation of natural features, the provision of underground
utilities, and I or the provision of recreation areas and open spaces.
1S. This Board has determined that the proposed project is consistent with the general
purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan,
and the Code of Ordinances of St. Lucie County.
16. This Board has determined that 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.
17. This Board has determined that all reasonable steps have been taken to minimize any
adverse effect on the proposed project on the immediate vicinity through building design,
site design, landscaping and screening.
18. This Board has determined that 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.02.0S(A) of the St. Lucie County Land Development Code, the
Preliminary Planned Unit Development project to be known as Shinn Lakes - PUD, is hereby
approved as depicted on the site plan drawings for the project prepared by MBV Engineering,
Inc., last revised on July 2007, and date stamped received by the St. Lucie County Growth
Management Department on August 17, 2007. All modifications must be approved by the
Board of County Commissioners unless the proposed changes are required to meet
conditions of approval or are in accordance with the LDC. Development of the site is limited
to the site design approved by the BCC on November 20, 2007, subject to the following
conditions:
1. This AG-PUD shall be limited to a maximum of seventy-five (75) dwelling units
clustered on the Development Area and one (1) dwelling unit shall be located on
File No.: PUD-06-004
Bee November 20, 2007
Resolution No. 07-130
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the Open Space Area. Both areas shall be re-zoned to the PUD Zoning District
and:
a) The open space may include parks, bicycle and pedestrian paths and
facilities, marinas, swimming beaches, common recreation areas,
common open space, landscaping and planting areas, pastures and
productive agricultural areas which may be held in either common interest,
individual interest, or other areas of public purpose or use other than
street, road or drainage rights-of-way, common parking areas and above
ground utilities, excluding stormwater treatment facilities;
b) The Final Planned Development Site Plan shall indicate the location of
the one (1) unit to be located on the 204.67 acre Agricultural Preservation
Easement Area (Open Space parcel) to be utilized as a farm house or
care-takers quarter;
c) All other dwelling units shall be stripped from the property and a
Preservation Easement shall be recorded with language limiting this
parcel to Agricultural Preservation uses as permitted by conditions in this
Resolution, the Comprehensive Plan, and the Land Development Code
and shall be approved by the County Attorney's Office of St. Lucie County;
and,
d) Title insurance shall be required for the Agricultural Preservation
Easement area and the Easement document shall be approved by the
County Attorney's Office of St. Lucie County.
Prior to recordation of a plat for the development area of this AG-PUD, the
property owner shall a record boundary plat for all of the Agricultural Preservation
Easement Area and provide documentation to the Growth Management
Department that the recordation of the proposed boundary plat will not result in
the creation of an illegal lot of record.
Pursuant to Section 7.01.03 1.2.c), prior to issuance of a vegetation removal
permit for any portion of the Shinn Lakes PUD site, the developer/property
owner, their successor or assigns, shall submit a document adhering to one of
the stipulated code options for placement of perpetual protection over the
required open spaces on this property. ERD recommends that the protection
document specifies:
a) Perpetual conservation over the required littoral and upland buffer
areas around the stormwater lakes.
Prior to issuance of a vegetation removal permit for any portion of the Shinn
Lakes PUD site, the developer/property owner, their successor or assigns, shall
submit a management plan that shall be designed as a guide for the future
homeowners association for the long term management of the common open
spaces. The document should include sections addressing the different specific
areas included within this project, such as the trails, the undesignated green
common open spaces, the stormwater lakes, and their associated littoral and
File No.: PUD-06-004
BCC November 20, 2007
Resolution No. 07-130
Page 4
1 upland buffers. Each specific section should include discussions of best
2 management practices that the future residences should employ regarding
3 stormwater pond management, and best management practices for agricultural
4 development, best management practices for individual homeowner lots such as
5 the nine principles of the Florida Yards and Neighborhoods Program promoting
6 "green" practices such as native plant landscaping, water conservation, and
7 minimization of fertilizers uses on the grounds, and in stormwater systems.
8 Please be sure this information is incorporated into the HOA documents.
9
10 5. Prior to issuance of a vegetation removal permit for any portion of the Shinn
11 Lakes PUD site, the developer/property owner, their successor or assigns, shall
12 submit a copy of the homeowners association guidelines (Homeowners/Property
13 Owners Association or Declaration of Covenants documents) for review. The
14 guidelines, at a minimum, should specify activities allowed within the required
15 common open space areas as well as restrictions on vegetation removal from the
16 required littoral, upland buffer, and landscaping areas. At a minimum the
17 documents shall include:
18 a) Language which notifies prospective property owners that the
19 association property includes required common open space areas which
20 are protected under easements, and a map showing the specific common
21 open spaces; and
22 b) Language which informs the prospective property owners that the
23 littoral and upland preservation areas may not be altered from their
24 permitted condition with the exception of exotic vegetation removal, or
25 restoration in accordance with the Management Plan that shall be
26 referenced in the conservation easement.
27 c) Language which informs the prospective property owners that the Shinn
28 Lakes Homeowners Association, Inc. shall maintain in perpetuity, the
29 lands dedicated as common open space in accordance with the approved
30 Management Plan. Further, the Shinn Lakes Homeowners Association,
31 Inc. agrees that it shall take private enforcement action against anyone
32 who violates the rules relating to use/maintenance of the common open
33 space/conservation easement.
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35 6. Prior to Final Planned Development Site Plan approval, a preliminary plan of the
36 final plat shall be submitted in the same format as required for final plats by
37 Chapter 177, Florida Statutes which indicates that every plat offered for recording
38 must be prepared, signed, and sealed by a Florida licensed surveyor and
39 mapper.
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41 7. Prior to Final Planned Development Site Plan approval, a boundary and
42 topographic survey of the entire project site, prepared in accordance with the
43 current standards of Chapter 61G17-6 FAC is required with submittal of the
44 preliminary plat.
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File No.: PUD-06-004
Bee November 20, 2007
Resolution No. 07-130
Page 5
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8. The Fire District is allowing the project to proceed to the next level of the
process in a show of good faith. The developer's agent has agreed that the
execution of the agreement reached between the Fire District and the applicant
must be completed prior to County Commission final approval of the project.
9. The applicant must comply with ADA (Americans with Disabilities Act)
requirements and must be shown on the construction and final site plans prior
to final approval.
B. The property on which this site plan approval is being granted is described as follows:
SECTION 30, TOWNSHIP 35s, RANGE 3ge
THE EAST 1/2 OF SECTION 19, AND THE NORTH 1/2 OF THE NORTHEAST 1/4
OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39 EAST, SUBJECT TO THE
RIGHTS OF WAY BY THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT
FOR ITS LATERAL CANALS NUMBERED 54 AND 55, AND FOR COUNTY RIGHT
OF WAY FOR SHINN ROAD.
(Location: The east side of Shinn Road, approximately 2.5 miles north of
Okeechobee Road)
C. This Preliminary Planned Unit Development Site Plan approval shall expire on
November 20, 2009, unless the developer has obtained Final Planned Development Site Plan
approval for this PUD, or an extension is granted in accordance with Section
11.02.06(B)(3)(a), 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, James Coseo,
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 States Army Corps 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 non-severable 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 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. This Resolution shall be recorded in the Public Records of St. Lucie County.
File No.: PUD-06-004
BCC November 20, 2007
Resolution No. 07-130
Page 6
I. After motion and second, the vote on this resolution was as follows:
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Chairman Joseph E. Smith Aye
Vice-Chairman Paula A. Lewis Aye
Commissioner Doug Coward Aye
Commissioner Charles Grande Aye
Commissioner Chris Craft Aye
PASSED AND DULY ADOPTED this 20th day of November, 2007.
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ATTEST
BY
File No.: PUD-06-004
BCC November 20, 2007
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
4,f!t)¿£~~
'Ylc.e-Chairman V
APPROVED AS TO FORM
AND CORRECTNESS
I
I)
Resolution No. 07-130
Page 7
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File No.: PUD-06-004
BCC November 20, 2007
Exhibit A
Maps
Resolution No. 07-130
Page 8
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