HomeMy WebLinkAbout07-293
1 RESOLUTION NO. 07-293
2 FILE NO.: PUD 06-018
3
4
5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
6 COUNTY, FLORIDA, GRANTING FINAL SITE PLAN APPROVAL FOR A PLANNED
7 DEVELOPMENT ON A PARCEL OF LAND CONSISTING OF 4.64 ACRES WITH AN
8 EXISTING PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) AND CG
9 (COMMERCIAL GENERAL) ZONING DISTRICT TO PNRD (PLANNED NON-
10 RESIDENTIAL DISTRICT - ST. LUCIE OAKS), FOR THE DEVELOPMENT OF A
11 FOUR-STORY, EIGHTY-EIGHT (88) ROOM HOTEL CONSISTING OF 56,991
12 SQUARE FEET, A RESTAURANT CONSISTING OF 4,613 SQUARE FEET, AND AN
13 OFFICE BUILDING CONSISTING OF 9,008 SQUARE FEET, AND LOCATED ON
14 THE WEST SIDE OF SOUTH U.S. HIGHWAY ONE, APPROXIMATELY 1,500 FEET
15 NORTH OF RIO MAR DRIVE, FOR THE PROJECT TO BE KNOWN AS ST. LUCIE
16 OAKS COMMERCIAL - PNRD, PROVIDING FOR EXPIRATION, PROVIDING FOR
17 NON-SEVERABLE CONDITIONS OF APPROVAL, PROVIDING FOR REGULATORY
18 PERMITTING REQUIREMENTS, PROVIDING FOR RECORDING, PROVIDING FOR
19 LOCATION OF THE FILE COPY, PROVIDING FOR OF THE DELIVERY OF THE
20 RESOLUTION TO THE APPLICANT, AND PROVIDING FOR THE GROWTH
21 MANAGEMENT DIRECTOR TO AMEND THE OFFICIAL ZONING ATLAS TO
22 REFLECT ST. LUCIE OAKS COMMERCIAL - PNRD UPON APPROVAL OF THE
23 FINAL SITE PLAN.
24
25 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
26 testimony and evidence, including but not limited to the staff report, has made the following
27 determinations:
28
29 1. St. Lucie Oaks Commercial, LLC, through agent Robert A. Burson, Esq., presented
30 a petition for Final Site Plan Approval for a Planned Development (Planned Non-
31 Residential Development), for a project with an existing PNRD (Planned Non-
32 Residential Development) and CG (Commercial General) Zoning District designation
33 limiting the site to a maximum of 36 guest units I acre, and Future Land Use
34 designation of Commercial (COM), to be known as St. Lucie Oaks Commercial -
35 PNRD. The proposed development consists of a four-story, eighty-eight (88) room
36 hotel consisting of 56,991 square feet, a restaurant consisting of 4,613 square feet,
37 and office space building consisting of 9,008 square feet, on 4.64 acres, and is located
38 on the west side of South U.S. Highway One, approximately 1,500 feet north of Riomar
39 Drive in Port St. Lucie.
40
41 2. The Development Review Committee has found that the proposed project is consistent
42 with the future land use maps of the St. Lucie County Comprehensive Plan. Staff has
43 found that with the limiting Conditions of Approval, the Final Site Plan for a Planned
44 Non-Residential Development meets the technical requirements of Sections 7.02.00,
45 11.02.05.A.7, and 11.02.10 of the St. Lucie County Land Development Code.
46
47 3. At its Regular Meeting, August 7, 2007, this Board held a public hearing on the petition,
48 after publishing a notice of such hearing and notifying by mail all owners of property
File No.: PNRD - 06-018
November 6, 2007
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 314289312/11/2007at 11:13AM
OR BOOK 2914 PAGE 203 - 215 Doc Type: RESO
RECORDING: $112,00
Resolution No. 07-293
Page 1
1 within 500 feet of the subject property at least 10 days prior to the public hearing, Staff
2 presented Draft Resolution 07 -002 granting Preliminary Planned Non-Residential
3 Development Site Plan approval with limiting conditions. Mr. Bob Burson, representing
4 the Applicant, addressed the Board, accepting Staff's recommendation. Ms. Pamela
5 Hammer of the Planning and Zoning Board addressed the Board and thanked the
6 Applicant for the work done on the curbs. The Board moved approval of Resolution 07-
7 002 and the motion carried unanimously.
8
9 4. At its Regular Meeting, November 6, 2007, this Board held a public hearing on the
10 petition, after publishing a notice of such hearing and notifying by mail all owners of
11 property within 500 feet of the subject property at least 10 days prior to the public
12 hearing, Staff presented Draft Resolution 07-293 granting Final Site Plan Approval for a
13 Planned Development (Planned Non-Residential Development), with limiting conditions
14 and to direct the Community Development Director to amend the Official Zoning Atlas to
15 reflect St. Lucie Oaks Commercial - PNRD zoning for the approved development.
16
17 5. After considering the information presented at a public hearing on November 6, 2007,
18 this Board has determined that with the conditions listed herein, the Preliminary
19 Planned Non-Residential Development Site Plan provides a creative approach to the
20 development of non-residential land and reflect changes in the technology of land
21 development.
22
23 6. This Board has determined that with the conditions listed herein, the proposed
24 development allows for the efficient use of land, resulting in smaller networks of utilities
25 and streets and thereby lowers development costs.
26
27 7. This Board has determined that with the conditions listed herein, the proposed
28 development provides design options that encourage an environment of stable
29 character, compatible with surrounding land uses.
30
31 8. This Board has determined that with the conditions listed herein, the proposed
32 development enhances the neighborhood through the preservation of natural features,
33 the provision of underground utilities, and the provision of recreation areas and open
34 space.
35
36 9. This Board has determined that with the conditions listed herein, the proposed
37 development is consistent with the general purpose, goals, objectives and standards of
38 the St. Lucie County Comprehensive Plan, and is not opposed to the general spirit and
39 intent of the St. Lucie County Land Development Code.
40
41 10. The applicant has applied for and received a Certificate of Capacity, a copy of which is
42 attached to this Resolution as Exhibit "A", as required under Chapter V, St. Lucie
43 County Land Development Code.
44
45 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
46 County, Florida:
47
48 A. Pursuant to Section 11.02.05(A) of the St. Lucie County Land Development Code, the
49 Final Site Plan for the Planned Non-Residential Development to be known as St. Lucie Oaks
File No.: PNRD - 06-018
November 6, 2007
Resolution No. 07-293
Page 2
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Commercial - PNRD, is hereby approved as depicted on the documents for the project,
submitted by the Applicant's Agent, Robert A. Burson, Esq., dated August 29, 2007 and date
stamped received by the St. Lucie County Growth Management Director on August 29, 2007
subject to the following conditions:
1. As part of the Constructability Review process, the Utility Easements shall be noted
on the Horizontal Control Plan, Sheet 2 of 9 and Paving Grading & Drainage Plan,
Sheet 4 of 9. All parking spaces shall be shown on the Utilities/Fire Protection Plan,
Sheet 6 of 9.
2. The Applicant is hereby notified that the caliper of plantings must be measured at
breast height (4.5 feet above ground). If their plantings do not meet or exceed the
breast-height caliper shown on the landscape plan, re-planting of appropriately-sized
plant materials shall be required.
B. The property on which this site plan approval is being granted is described as follows:
PARCEL 1:
A PORTION OF THE NORTHEAST 114 OF THE NORTHWEST 114 OF SECTION 22,
TOWNSHIP 36 SOUTH, RANGE 40 EAST BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST y.. OF THE
NORTHWEST 114 OF SAID SECTION 22; THENCE NORTH 89 DEGREES 49' 00"
WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST 114 OF THE NORTHEAST
y.. OF THE NORTHWEST 114 A DISTANCE OF 589.64 FEET; THENCE NORTH 00
DEGREES 07' 00" EAST PARALLEL WITH THE EAST liNE OF SAID
NORTHWEST 114 OF SECTION 22 A DISTANCE OF 1150 FEET TO THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE
CONTINUE NORTH 00 DEGREES 07' 00" EAST, A DISTANCE OF 104.72 FEET TO
A POINT, SAID POINT BEING THE BACK OF AN EXISTING 2 FOOT VALLEY
CURB; THENCE NORTH 34 DEGREES 09' 21" EAST ALONG THE EXISTING
BACK OF CURB A DISTANCE OF 1.33 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 82.10 FEET; THENCE
NORTHEASTERLY 74.76 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 54 DEGREES 10' 24" TO THE END OF SAID CURVE;
THENCE SOUTH 89 DEGREES 45' 49" EAST CONTINUING ALONG SAID BACK
OF CURB A DISTANCE OF 36.54 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 100.18 FEET; THENCE
SOUTHEASTERLY 44.56 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 25 DEGREES 29' 00" TO THE BEGINNING OF A REVERSE
CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 50.15 FEET; THENCE
EASTERLY 51.87 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 59 DEGREES 15' 36" TO THE END OF SAID CURVE;
THENCE NORTH 70 DEGREES 26' 03" EAST CONTINUING ALONG SAID BACK
OF CURB A DISTANCE OF 35.48 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE SOUTH, HAVING A RADIUS OF 28.81 FEET; THENCE
NORTHEASTERLY 13.80 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 27 DEGREES 26' 51" TO THE END OF SAID CURVE;
File No.: PNRD - 06-018
November 6, 2007
Resolution No. 07-293
Page 3
1 THENCE NORTH 83 DEGREES 30' 00" EAST DEPARTING SAID BACK OF CURB
2 A DISTANCE OF 79.78 FEET; THENCE SOUTH 89 DEGREES 57' 34" EAST
3 ALONG THE EXISTING BACK OF CURB, A DISTANCE OF 66.39 FEET TO THE
4 BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF
5 104.67 FEET; THENCE SOUTHEASTERLY 39.71 FEET ALONG THE ARC OF SAID
6 CURVE THROUGH A CENTRAL ANGLE OF 21 DEGREES 44' 12" TO THE
7 BEGINNING OF A COMPOUND CURVE CONCAVE TO THE SOUTHWEST HAVING
8 A RADIUS OF 273.01 FEET; THENCE SOUTHEASTERLY 59.42 FEET ALONG THE
9 ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 DEGREES 28' 11"
10 TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST,
11 HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY 39.81 FEET
12 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22
13 DEGREES 48' 30" TO THE END OF SAID CURVE, SAID POINT BEING THE END
14 OF THE EXISTING 2 FOOT VALLEY CURB; THENCE SOUTH 89 DEGREES 53' 00"
15 EAST A DISTANCE OF 7.15 FEET; THENCE SOUTH 00 DEGREES 07' 00" WEST,
16 A DISTANCE OF 105.74 FEET; THENCE NORTH 89 DEGREES 49' 00" WEST, A
17 DISTANCE OF 523.45 FEET TO THE POINT OF BEGINNING.
18 ALL LYING AND SITUATE IN ST.lUCIE COUNTY, FLORIDA.
19 CONTAINING WITHIN SAID BOUNDS 67,627 SQUARE FEET OR 1.55 ACRES.
20
21 PARCEL 2:
22
23 A PORTION OF THE NORTHEAST 114 OF THE NORTHWEST 114 OF SECTION 22,
24 TOWNSHIP 36 SOUTH, RANGE 40 EAST BEING MORE PARTICULARLY
25 DESCRIBED AS FOLLOWS:
26 COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 114 OF THE
27 NORTHWEST % OF SAID SECTION 22; THENCE NORTH 89 DEGREES 49' 00"
28 WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST % OF THE NORTHEAST
29 % OF THE NORTHWEST 114 A DISTANCE OF 589.64 FEET; THENCE NORTH 0
30 DEGREES 07' 00" EAST PARALLEL WITH THE EAST LINE OF SAID
31 NORTHWEST 114 OF SECTION 22 A DISTANCE OF 1000.00 FEET TO THE POINT
32 OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND;
33 THENCE CONTINUE NORTH 0 DEGREES 07' 00" EAST 150.00 FEET; THENCE
34 SOUTH 89 DEGREES 49' 00" EAST 547.45 FEET TO THE WESTERLY RIGHT OF
35 WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTH 0 DEGREES 07' 00" WEST
36 ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 150.00 FEET;
37 THENCE NORTH 89 DEGREES 49' 00" WEST A DISTANCE OF 547.45 FEET TO
38 THE POINT OF BEGINNING.
39
40 PARCEL 3:
41
42 THE WEST 249.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS
43 FOLLOWS:
44 FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF
45 THE NORTHEAST 114 OF THE NORTHWEST % OF SECTION 22, TOWNSHIP 36
46 SOUTH, RANGE 40 EAST (ACCORDING TO THE PLAT OF RIVER PARK, UNIT 1,
47 AS RECORDED IN PLAT BOOK 10, PAGE 69, ST. LUCIE COUNTY, FLORIDA);
48 THENCE GO NORTH 89 DEGREES 49' 00" WEST ON THE SOUTH LINE OF SAID
49 NORTHEAST 114 A DISTANCE OF 589.64 FEET; THENCE NORTH 00 DEGREES 07'
File No.: PNRD - 06-018
November 6, 2007
Resolution No. 07-293
Page 4
1 00" EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST Y.800 FEET
2 TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 00 DEGREES 07'
3 00" EAST, 200 FEET; THENCE SOUTH 89 DEGREES 49' 00" EAST 547.45 FEET
4 TO THE WESTERLY RIGHT-OF-WAY OF U.S. #1, THENCE SOUTH 00 DEGREES
5 07' 00" WEST ALONG SAID WESTERLY RIGHT-OF-WAY OF U.S. #1 95.51 FEET;
6 THENCE SOUTH 01 DEGREES 16' 48" EAST ALONG SAID WESTERLY RIGHT-
7 OF-WAY OF U.S. #1 104.52 FEET; THENCE NORTH 89 DEGREES 49' 00" WEST,
8 550.00 FEET TO THE POINT OF BEGINNING.
9 ALL LYING AND SITUATE IN ST. LUCIE COUNTY, FLORIDA.
10 CONTAINING 1.143 ACRES MORE OR LESS
11
12 PARCEL 4
13
14 THAT PART OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-
15 QUARTER OF SECTION 22, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. lUCIE
16 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
17 COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST ONE-
18 QUARTER OF SAID SECTION 22 AND RUN NORTH 89 DEGREES 53' 00" WEST
19 ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID
20 SECTION 22 FOR 66.0 FEET; THENCE RUN SOUTH 00 DEGREES 07' 00" WEST
21 FOR 68.37 FEET TO THE POINT OF BEGINNING FOR THE FOLLOWING
22 DESCRIBED PARCEL: THENCE CONTINUE SOUTH 00 DEGREES 07' 00" WEST
23 FOR 105.74 FEET; THENCE RUN SOUTH 89 DEGREES 49' 55" EAST FOR 24.0
24 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE
25 RUN NORTH 00 DEGREES 07' 00" EAST ALONG SAID WEST RIGHT OF WAY
26 LINE FOR 100.00 FEET; THENCE RUN NORTH 76 DEGREES 23' 00" WEST FOR
27 24.68 FEET TO THE POINT OF BEGINNING.
28 THE AREA OF THIS PARCEL IS 2,469 SQUARE FEET, MORE OR LESS.
29
30 Location: West side of South U.S. Highway No.1, approximately 1,500 feet north
31 of Riomar Drive in Port St. Lucie.
32
33 C. This Final Site Plan for the Planned Non-Residential Development to be known as St.
34 Lucie Oaks Commercial - PNRD shall expire on November 6, 2009, unless an extension is
35 granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development
36 Code.
37
38 D. The Final Site Plan for the Planned Non-Residential Development approval granted
39 under this Resolution is specifically conditioned to the requirement that the petitioner, St.
40 Lucie Oaks Commercial, LLC, through agent Robert A. Burson, Esq., including any
41 successors in interest, shall obtain all necessary development permits and construction
42 authorizations from the appropriate State and Federal regulatory authorities, including but not
43 limited to: the United States Army Corps of Engineers, the Florida Department of
44 Environmental Protection, and the South Florida Water Management District, prior to the
45 issuance of any local building permits of authorizations to commence development activities
46 on the property described in Part B.
47 E. The conditions set forth in Part A are an integral non-severable part of the site plan
48 approval granted by this Resolution. If any condition set forth in Part A is determined to be
File No.: PNRD - 06-018
November 6, 2007
Resolution No. 07-293
Page 5
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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. 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.
After motion and second, the vote on this resolution was as follows:
Chairman Chris Craft AYE
Vice-Chairman Joseph E. Smith AYE
Commissioner Doug Coward AYE
Commissioner Charles Grande AYE
Commissioner Paula A. Lewis AYE
PASSED AND DULY ADOPTED this 6th day of November, 2007.
BOARD OF COUNTY COMMISSIONERS
ST. UCIE COUNTY, FLORIDA
BY
ATTEST
APPROVED AS TO FORM
AND CORRECTNESS
File No.: PNRD - 06-018
November 6, 2007
Resolution No. 07-293
Page 6
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Exhibit A
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Certificate of Capacity
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File No.: PNRD - 06-018
November 6, 2007
Resolution No. 07-293
Page 7
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File No.: PNRD - 06-018
November 6, 2007
Exhibit B
Maps
Resolution No. 07-293
Page 8
~
CERTIFICATE OF CAPACITY
2300 Virginia Avenue
Ft. Pierce, FL 34982
(772)-462-2822
Date: 10/8/2007
Certificate No. 2676
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 Restaurant, Office, & Hotel
Number of units 0
Number of square feet 24,900
2. Property legal description & Tax ID no.
342221100130007;342221100020007
W. side of US 1, 1,500' N. of Riomar Dr.
S1. Lucie Oaks Commercial Final Site Plan
3. Approval: Building Permit
Resolution No. 07-293
Letter
4. Subject to the following conditions for concurrency:
Owner's name
St Lucie Oaks Commercial LLC
Address
380 NE Brazilian Cir
Port St Lucie
FL 34952
6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the
Development Order. Section 5.08.04(B), St. Lucie County Land Development Code.
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.
--.J¿fMK. scJkrla
Growth Management Director:
5t Lucie County, Florida
Signed
Date: 10/8/2007
f)/lJot?é.W K.OOU:
Concurrency Review by:
Signed~~ ·
Date: 10/8/2007
Monday, October 08, 2007
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