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1 RESOLUTION NO. 07-129
2 FILE NO.: PUD 06-015
3
4
5 A RESOLUTION GRANTING FINAL PLANNED UNIT DEVELOPMENT SITE PLAN
6 APPROVAL ON A PARCEL OF LAND CONSISTING OF 10.38 ACRES WITH AN
7 EXISTING ZONING DESIGNATION OF RS - 4 (RESIDENTIAL, SINGLE-FAMILY 4
8 DWELLING UNITS I ACRE) AND LIMITING THE SITE TO A MAXIMUM OF 41
9 DWELLING UNITS, AND A RM (RESIDENTIAL MEDIUM - 9 DWELLING UNITS I
10 ACRE) FUTURE LAND USE DESIGNATION WITH A MAXIMUM PERMITED
11 FUTURE LAND USE MAP LIMIT OF 93 DWELLING UNITS FOR THIS PROPERTY,
12 FOR THE DEVELOPMENT OF 78 DWELLING UNITS CONSISTING OF 12 SINGLE-
D FAMILY HOMES AND 66 MULTI-FAMILY DWELLING UNITS, LOCATED ON THE
14 WEST SIDE OF 25TH STREET, APPROXIMATELY 0.25 MILES NORTH OF
15 EDWARDS ROAD AND 0.25 MILES SOUTH OF CORTEZ BOULEVARD, FOR THE
16 PROJECT TO BE KNOWN AS ESTANCIA - PUD, AND AUTHORIZING THE
17 DIRECTOR OF GROWTH MANAGEMENT TO AMEND THE OFFICIAL COUNTY
18 ZONING MAP FROM RS - 4 (RESIDENTIAL, SINGLE-FAMILY 4 DWELLING
19 UNITS I ACRE) TO PLANNED UNIT DEVELOPMENT (PUD), AND PROVIDING
20 FOR EXPIRATION, PROVIDING FOR NON-SEVERABLE CONDITIONS OF
21 APPROVAL, PROVIDING FOR REGULATORY PERMITTING REQUIREMENTS,
22 PROVIDING FOR PUBLIC RECORDS RECORDING OF THE RESOLUTION AND
23 THE LOCATION OF THE FILE COPY, AND PROVIDING FOR APPLICANT
24 RECEIPT OF THE RECORDED RESOLUTION.
25
26 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
27 testimony and evidence, including but not limited to the staff report, has made the following
28 determinations:
29
30 1. The petitioner, Lotux Investments, LLC, is proposing the development of 78 dwelling
31 units on 10.38 acres, consisting of 12 single-family homes and 66 multi-family dwelling
32 units, located on the west side of 25th Street, approximately 0.25 miles north of Edwards
33 Road and 0.25 miles south of Cortez Boulevard. The project is to be known as Estancia
34 - PUD.
35
36 2. On February 21, 2006, the Board of County Commissioners voted unanimously (5 to 0)
37 to approve Resolution No. 06-044, granting a Change in Zoning from RS-4 (Residential,
38 Single-family - 4 du I acre) to the Planned Unit Development (PUD) Zoning District, and
39 Preliminary Site Plan approval for the project known as Estancia - PUD.
40
41 3. On May 12, 2006, the applicant submitted an application for Final Planned Development
42 Site Plan review and approval.
43
44 4. On August 7, 2007, the Board of County Commissioners voted unanimously (5 to 0) to
45 continue this item to October 2,2007 or as soon thereafter as it may be heard, in order for
46 the Applicant to clarify their proportionate share of the costs associated with the
47 signalization of the intersection of Cortez and 25th Street.
File No.: Estancia PUD-06-015
November 20,2007
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 316942202/14/2008 at 01 :28 PM
OR BOOK 2938 PAGE 2310 - 2322 Doc Type: RESO
RECORDING: $112.00
Ilution No. 07-129
Page 1
1
2 5. On October 2, 2007, the Board of County Commissioners voted unanimously (5 to 0) to
3 continue this item to November 20,2007 or as soon thereafter as it may be heard, in order
4 for the Applicant to respond to issues raised, by the Board, while discussing the
5 Applicant's petition.
6
7 6. The Development Review Committee has found that the proposed project meets all
8 technical requirements and is consistent with the future land use maps of the St. Lucie
9 County Comprehensive Plan. The proposed project is consistent with the general
10 purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan,
11 and the St. Lucie County Land Development Code.
12
13 7. The proposed project will not have an undue adverse effect on adjacent property, the
14 character of the neighborhood, traffic conditions, parking, utility facilities or other matters
15 affecting the public health, safety, and general welfare.
16
17 8. All reasonable steps have been taken to minimize any adverse effect on the proposed
18 project on the immediate vicinity through building design, site design, landscaping and
19 screening.
20
21 9. The proposed project will be constructed, arranged and operated so as not to interfere
22 with the development and use of neighboring property, in accordance with applicable
23 district regulations.
24
25 10. After considering the information presented at a public hearing on October 2, 2007, this
26 Board has determined that the proposed Final Planned Unit Development Site Plan
27 permits a creative approach to the development of residential land reflecting changes in
28 the technology of land development;
29
30 11. This Board has determined that the proposed development allows for the efficient use of
31 land, resulting in smaller networks of utilities and streets and thereby lowers
32 development costs.
33
34 12. This Board has determined that the proposed development provides design options that
35 encourage an environment of stable character, compatible with surrounding land uses.
36
37 13. This Board has determined that the proposed development enhances the neighborhood
38 through the preservation of natural features, the provision of underground utilities, and
39 the provision of recreation areas and open space.
40
41 14. This Board has determined that the proposed development is consistent with the general
42 purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan,
43 and is not opposed to the general spirit and intent of the St. Lucie County Land
44 Development Code.
45
46 15. The subject property is located inside the Urban Service Boundary. Water and
47 wastewater service will be supplied by Fort Pierce Utilities Authority (FPUA).
48
49
File No.: Estancia PUD-06-015
November 20,2007
Resolution No. 07-129
Page 2
1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
2 County, Florida:
3
4 A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code,
5 the Final Planned Unit Development Site Plan to be known as Estancia - PUD, is hereby
6 approved as depicted on the site plan drawings for the project prepared by David Lawrence
7 Architecture Inc., dated January 25, 2005, last revised on May 24, 2007, and date stamped
8 received by the St. Lucie County Growth Management Director on June 28,2007 subject to
9 the following conditions:
10
11 1. A condition of approval shall be that, prior to issuance of a St. Lucie County Vegetation
12 Removal Permit, documentation that SFWMD and USACOE have approved the impacts
13 to the .76 acre wetland and an approved mitigation plan shall be submitted to the
14 County.
15
16 2. A condition of approval shall be that prior to issuance of a St. Lucie County Vegetation
17 Removal Permit, a pre-clearing meeting shall be conducted with the clearing contractors
18 to provide educational materials (poster & pamphlets) to inform them of the protocol that
19 shall be followed should a gopher tortoise(s) be encountered. Should a gopher tortoise
20 be encountered during site construction, all work shall be halted and a Florida Fish and
21 Wildlife Conservation Commission relocation permit shall be approved and relocation of
22 all the tortoises is complete prior to the issuance of a St. Lucie County Vegetation
23 Removal Permit for the site.
24
25 3. A condition of approval shall be that prior to the approval of a St. Lucie County
26 Vegetation Removal Permit, all preserve areas and individual trees shall be barricaded
27 with highly visible orange safety fencing at ten feet from the edge of vegetation or
28 dripline of tree, whichever is greater, and prior to issuance of the first building permit
29 certificate of occupancy, all twenty Cabbage Palms and eight Live Oaks, measuring a
30 total of 135", in the areas of proposed impacts will be properly relocated.
31
32 4. A condition of approval shall be that prior to the approval of a St. Lucie County
33 Vegetation Removal Permit, the 1.4 acres shall be platted as conservation easement to
34 ensure proper management perpetual protection of the preserve areas by the future
35 Property Owners Association.
36
37 5. A condition of approval shall be that prior to the approval of constructable plans by the
38 County Engineer, the Cover Sheet to the Final Site Plan shall be amended to show the
39 following; A total of 138,245 sq. feet (35.10 %) of Common Open Space provided.
40 Common Open Space broken down as follows: 64,697 sq. feet (46.80%) in Preserve
41 Areas; 2,630 sq. feet (1.90%) in Recreational Areas; 19,040 sq. feet (13.77%) in
42 Stormwater Retention I Treatment Area; 51,878 sq. feet (37.53%) in Other Common
43 Open Space.
44
45 6. A condition of approval shall be that prior to the approval of constructable plans by the
46 County Engineer, the Boundary & Topographic Survey shall be amended to reflect the
47 correct spelling of Brantley Road. The Architectural Site Plan shall be amended to reflect
48 the change of Estrella Drive to Estancia Way per the St. Lucie County Land
49 Development Code Section 7.05.08 Sub-Section F. The Architectural Construction
File No.: Estancia PUD-06-015
November 20,2007
Resolution No. 07-129
Page 3
1 Phasing Plan shall be amended to include all street names and labeling of right-of-way
2 dedications.
3
4 7. A condition of approval shall be that prior to the approval of constructable plans by the
5 County Engineer, the Plat Document Sheet 1 of 2 Description, Dedication and
6 Reservation item #2 shall be amended to read Tract A. Item #8 shall be amended to
7 read Estancia Fort Pierce Homeowner's Association, Inc. and documentation provided of
8 the Association's corporate status. The Plat Document Sheet 2 of 2 shall be amended to
9 reflect a right-of-way dedication of 25 feet along Brantley Road (Tract Z-1) and 0.S.T.-5
10 shall be amended to read 0.S-5.
11
12 8. A condition of approval shall be that prior to the issuance of a Building Permit, the
13 applicant shall dedicate to the appropriate government entity, with maintenance
14 responsibility for the respective road, free and clear of any liens and encumbrances, an
15 additional 25 feet of right-of-way along South 25th Street, an additional 30 feet of right-of-
16 way along 27th Street, an additional 25 feet of right-of-way along Brantley Road, and
17 pave South 27th Street from the rear access of the project to Cortez Boulevard, to meet
18 FDOT and the County's requirements and levels of service.
19
20 9. A condition of approval shall be that prior to the issuance of any Building Permit, the
21 developer, his successors or his assigns, shall pay the amount of $45,111.00 to St.
22 Lucie County to offset any and all impacts of the Estancia Planned Unit Development for
23 the signalization and associated roadway improvements of the intersection of Cortez
24 Boulevard and 25th Street.
25
26 10. A condition of approval shall be that prior to the approval of constructable plans by the
27 County Engineer, the Landscape Plan documents shall be amended to reflect the
28 enhancements to the proposed west landscaped buffer, as presented to the Board of
29 County Commissioners, November 20, 2007, during the public hearing on this matter.
30 The enhancements include the change of the proposed opaque wall to an aluminum
31 picket type fence; the addition of an 18 inch to 24 inch high berm to be measured from
32 the adjacent finish grade; an increase in the number of trees along this boundary of 15
33 percent or 5 trees; an increase in the height/maturity of the trees from 12 feet to 16 feet
34 and an increase in the height/maturity of the hedge from 24 inches to 48 inches.
35
36 11. A condition of approval shall be that prior to the approval of constructable plans by the
37 County Engineer, the Site Plan Sheet A 1.1 document shall be amended to reflect the
38 removal of entry gates to the proposed development.
39
40 12. Any matter required to be performed under the existing ordinances of St. Lucie County
41 shall not be otherwise amended, modified or waived, unless such modification,
42 amendment, or waiver is expressly provided for within this resolution.
43
44 13. The developer, his successors or assigns, are not relieved from the responsibility of
45 obtaining the necessary permits required by Federal, State, and Local jurisdictional
46 agencies not mentioned within this resolution.
47
48 B. The property on which this site plan approval is being granted is described as follows:
49
File No.: Estancia PUD-06-015
November 20,2007
Resolution No. 07-129
Page 4
1 The SE v.. of the NE v.. of the SE v.. of Section 20, Township 35 South, Range 40
2 East.
3 LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED
4 PARCELS:
5 PARCEL A
6 The East 40.00 feet of the NE v.. of the SE v.. of the SE v.. of Section 20, Township
7 35 South, Range 40 East.
8 PARCELB
9 Begin 242.5 feet East of the NW comer of the SE v.. of the NE v.. of the SE v.. of
10 Section 20, Township 35 South, Range 40 East; thence run East 217.5 feet; thence
11 run South 235 feet; thence run West 435 feet; thence run North 10 feet thence run
12 East 217.5 feet; thence run North 225 feet to the Point of Beginning.
13 PARCEL C
14 Begin at the NW comer of the SE v.. of the NE v.. of the SE v.. of Section 20,
15 Township 35 South, Range 40 East; thence run East 242.5 feet; thence run South
16 225 feet; thence run West 242.5 feet; thence run North 225 feet to the Point of
17 Beginning.
18
19 TOGETHER WITH
20 PARCEL 1
21 The West 161.80 feet of the North 269.44 feet ofthe NE v.. of the SE v.. of the SE
22 v.. of Section 20, Township 35 South, Range 40 East.
23 PARCEL 2
24 Begin 242.5 feet East of the NW comer of the SE v.. of the NE v.. of the SE v.. of
25 Section 20, Township 35 South, Range 40 East; thence run East 217.5 feet; thence
26 run South 235 feet; thence run West 435 feet; thence run North 10 feet thence run
27 East 217.5 feet; thence run North 225 feet to the Point of Beginning.
28 PARCEL 3
29 Begin at the NW comer of the SE v.. of the NE v.. of the SE v.. of Section 20,
30 Township 35 South, Range 40 East; thence run East 242.5 feet; thence run South
31 225 feet; thence run West 242.5 feet; thence run North 225 feet to the Point of
32 Beginning.
33 The above described lands all being situate in St. Lucie County, Florida.
34
35 C. This Final Planned Unit Development Site Plan approval shall expire on November
36 20, 2009, unless an extension is granted in accordance with Section 11.02.06(B)(3), St.
37 Lucie County Land Development Code or Final Planned Development Site Plan Approval
38 has been granted.
39
40 D. The Final Planned Unit Development Site Plan approval granted under this
41 Resolution is specifically conditioned to the requirement that the petitioner, Lotux
42 Investments, LLC, including any successors in interest, shall obtain all necessary
43 development permits and construction authorizations from the appropriate State and
44 Federal regulatory authorities, including but not limited to: the United States Army Corps of
45 Engineers, the Florida Department of Environmental Protection, and the South Florida
File No.: Estancia PUD-06-015
November 20,2007
Resolution No. 07-129
Page 5
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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.
I. The Director of Growth Management shall be authorized to amend the official Zoning
Map to change the zoning of the parcel herein described, from RS -4 (Residential, Single-
Family) to Planned Unit Development (PUD).
After motion and second, the vote on this resolution was as follows:
Chairman Joseph E. Smith Aye
Vice-Chairman Paula A. Lewis Aye
Commissioner Doug Coward Aye
Commissioner Charles Grande Nay
Commissioner Chris Craft Aye
PASSED AND DULY ADOPTED this 20th day of November, 2007.
File No.: Estancia PUD-06-015
November 20, 2007
Resolution No. 07-129
Page 6
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File No.: Estancia PUD-06-015
November 20, 2007
Resolution No. 07-129
Page 7
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12 Exhibit A
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15 Maps
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File No.: Estancia PUD-06-015
November 20, 2007
Resolution No. 07-129
Page 8
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