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EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 320827405/16/2008 at 01:22 PM
OR BOOK 2974 PAGE 1024-1032 Doc Type: RESO
RECORDING: $78.00
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RESOLUTION NO.08-015
FILE NO.: PUD-RZ 06-019
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO THE
OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE AG-1
(AGRICULTURAL - 1 DU/ACRE) TO THE PCS (PLANNED COUNTRY
SUBDIVISION ZONING DISTRICT AND GRANTING PRELIMINARY
PLANNED COUNTRY SUBDIVISION SITE PLAN APPROVAL FOR THE
PROJECT TO BE KNOWN AS WEST INDRIO GROVES FOR 78 ONE-
HALF ACRE LOTS ON 78.4 ACRES (MORE OR LESS) OF LAND
LOCATED ON THE WEST SIDE OF JOHNSTON ROAD,
APPROXIMATELY TWO MILES NORTH OF INDRIO ROAD AND
APPROXIMATELY 1 MILE EAST OF INTERSTATE 95 SITUATED IN ST.
LUCIE COUNTY, FLORIDA; PROVIDING FOR DETERMINATIONS;
PROVIDING FOR APPROVAL SUBJECT TO CONDITIONS; PROVIDING
FOR APPLICABILITY TO THE DESCRIBED AFFECTED PROPERTY;
PROVIDING FOR EXPIRATION; PROVIDING FOR ADDITIONAL
PERMITTING; PROVIDING FOR ENFORCEMENT OF CONDITIONS;
PROVIDING FOR A RECORD FILE LOCATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence presented including, but not limited to, the staff report, has made the
following determinations:
1. I ndrio Groves, LLC presented a petition for an amendment to the Official Zoning Atlas for
a change in zoning from the AG-1 (Agricultural - 1 du/ac) Zoning District to the PCS
(Planned Country Subdivision) Zoning District for the project to be known as West Indrio
Groves including a Preliminary Planned Country Subdivision Site Plan consisting of 78
single-family lots to be located on 78.4 acres of property on the west side of Johnston
Road, approximately two miles north of Indrio Road and approximately 1 mile east of
Interstate 95 as depicted on the maps attached as Exhibit "Ä' and described below.
2. The Development Review Committee has reviewed the Preliminary Planned Country
Subdivision site plan for the proposed project and found itto meet minimum technical
requirements of the St. Lucie County Land Development Code and to be consistent with
the St. Lucie County Comprehensive Plan and Future Land Use Map, subject to the
conditions set forth in Part A of this Resolution. The proposed project is consistent with
the general purpose, goals, objectives and standards of review of the St. Lucie County
Land Development Code, the St. Lucie County Comprehensive Plan,and the Code of
Ordinances of St. Lucie County.
3. On March 20, 2008, the St. Lucie County Planning and Zoning Commission held a public
Resolution No.: 08-015
Page 1
File No.: PUD-RZ 06-019
May 7,2008
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hearing on the petition, after publishing notice at least 10 days prior to the hearing and
notifying by mail all owners of property within 500 feet of the subject property, and
granted a continuance of this item to their regularly scheduled meeting of April 17 , 2008.
4. On April 17 , 2008, the St. Lucie County Planning and Zoning Commission held a public
hearing on the petition, after being continued to a date certain at the March 20, 2008
public hearing, and recommended that the Board of County Commissioners approve a
change in zoning from the AG-1 (Agricultural - 1 du/ac) Zoning District to the PCS
(Planned Country Subdivision) Zoning District and approve the Preliminary Planned
Country Subdivision Site Plan.
5. On May 6, 2008, this Board held a public hearing on the petition, after publishing notice
at least 10 days prior to the hearing and notifying by mail all owners of property within
500 feet of the subject property.
6. The proposed project will not have an undue adverse affect on adjacent property, the
character of the neighborhood, traffic conditions, parking, utility facilities or other matters
affecting public health, safety, and general welfare.
7. All reasonable steps have been taken to minimize any adverse effect on the proposed
project and the immediate vicinity through building design, site design, landscaping and
screening.
8. The proposed project will be constructed and designed so as to not interfere with the
development and use of neighboring property, in accordance with applicable district
regulations.
9. The single-family units of the proposed project will be served by individual well and
septic.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Pursuant to Sections 11.02.05 and 3.01.03.FF.3 of the St. Lucie County Land
Development Code, the Preliminary Planned Country Subdivision site plan for the project
to be known as West Indrio Groves - Planned Country Subdivision is hereby approved for
the property described in Paragraph B, below, as depicted on the site plan drawings for
the project prepared by Houston Cuozzo Group, Inc., last revised October 11,2007 and
date stamped received by the St. Lucie County Growth Management Department on
October 22,2007, subject to the following conditions:
1. No final site plan construction Development Permits shall be issued by St. Lucie
County until complete sets of sealed constructible final engineering plans,
supporting calculations, lot size data, and survey data for all site work and offsite
improvements are submitted to the County and approved by the Public Works
Department, Utilities Department, Environmental Resources Department, Growth
Management Department, St. Lucie County Fire District, and any other agency or
Resolution No.: 08-015
Page 2
File No.: PUD-RZ 06-019
May 7, 2008
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County Department that may be determined by the Director of Growth
Management to be necessarily involved in the review and approval of the
constructible final engineering plans for the site work and offsite improvements.
The determination of whether or not plans submitted by the applicant constitute a
complete set of constructible plans shall be made by the departments involved in
the plan review within five business days of the date the plans are received in the
Department of Growth Management.
2.
Priorto the issuance offinal site plan approval forthe West Indrio Groves Planned
Country Subdivision, the developers, their successor or assigns, shall submit to S1.
Lucie County Environmental Resources Department the following documents for
review and approval:
a. a Declaration of Covenants and Restrictions to provide for maintenance
and management of the common open space areas and identifying the
responsible party for this oversight
b. a final landscape plan for review of consistency with preliminary site plan
and all applicable provisions of the Land Development Regulations,
including Section 3.01.03.EE2.p regarding littoral zones,
c. a management plan for the open space areas consistent with Section
3.01.03.EE.2.o.7,
d. an updated Environmental Impact Report, and
e. a boundary survey delineating all other surface waters and
correspondence regarding any impacts to other surface waters from South
Florida Water Management District and U.S. Army Corps of Engineers
3.
Priorto the issuance offinal site plan approval for the West Indrio Groves Planned
Country Subdivision, the developers, their successor or assigns, shall submit to S1.
Lucie County Growth Management, Engineering and Environmental Resources
Departments the following documents for review and approval:
a. a Master Drainage Plan detailing culvert diameter dimensions for culverts
P2 and P3 consistent with specifications given in Section
3.01.03.EE.2.p.5.ii of the TVC Land Development Regulations to facilitate
navigability of the Flow Way System, and
b. revised street sections compliant with Section 3.01.03.EE.2.i-1.
4.
Priorto the issuance offinal site plan approval forthe West Indrio Groves Planned
Country Subdivision, the developers, their successor or assigns, shall submit to S1.
Lucie County Growth Management and Engineering Departments the following
documents for review and approval:
a. a draft agreement for construction or bonding of all off-site road
improvements for approval by the Board of County Commissioners,
b. a revised site plan showing the specific and measured center line of road
connections to the north with those provided by Rocking Horse Ranch
PUD, with both road connections being constructed by the developer, and
c. detailed drawings and material specifications for the pedestrian path along
Johnston Road.
Resolution No.: 08-015
Page 3
File No.: PUD-RZ 06-019
May 7, 2008
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5.
Priorto the issuance offinal site plan approval for the West Indrio Groves Planned
Country Subdivision, the developers, their successor or assigns, shall submit to St.
Lucie County Fire District and Growth Management and Engineering Departments
the following documents for review and approval:
a. a revised Master Drainage Plan showing dry hydrant locations and details,
b. details of all proposed bridge and culvert crossings, and
c. a utility plan.
6.
Prior to the issuance of final plat for the West Indrio Groves Planned Country
Subdivision, the developers, their successor or assigns, shall submit to St. Lucie
County Growth Management and Engineering Departments the following
documents for review and approval:
a. an easement in favor of St. Lucie County for the pedestrian path along
Johnston Road, and
b. documents indicating that all required road improvements have been
constructed or bonded.
7.
Prior to the issuance of a St. Lucie County Vegetation Removal Permit for the
West Indrio Groves Planned Country Subdivision, the developers, their successor
or assigns, shall submit to St. Lucie County Environmental Resources Department
for review and approval all correspondence with jurisdictional agencies such as
FWC (Florida Fish and Wildlife Conservation Commission) and USFWS (United
States Fish & Wildlife Service) regarding confirmation of no listed species on site.
Priorto the issuance offinal site plan approval forthe West Indrio Groves Planned
Country Subdivision, the developers, their successors or assigns and St. Lucie
County shall agree on an appropriate legal mechanism by which adjacent
properties may connect to the flow way. Such connection shall be at no expense to
the developers of the West Indrio Groves Planned Country Subdivision, their
succeSsors or assigns and shall not adversely impact the West Indrio Groves
Planned Country Subdivision, its drainage, permits, site plan requirements orthe
existing or future residents thereof. An appropriate mechanism may be a
dedication on the final plat, an easement to the County, a recorded agreement or
other similar document.
8.
9.
Priorto the issuance offinal site plan approval for the West Indrio Groves Planned
Country Subdivision, the developers, their successor or assigns shall submit to St.
Lucie County Growth Management a revised site plan showing the proposed
location of model homes, including the parking and landscaping details, septic
system details, details and location of on-street handicapped parking spaces, and
detailS demonstrating that entry signage meets the standards of Chapter 9 of the
Land Development Code.
10.
Prior to the issuance of final site plan approval for the West I ndrio Groves Planned
Country Subdivision, the developers, their successor or assigns shall submit to St.
Lucie County Property Acquisitions revised street names for approval. Final site
plan documents shall reflect approved street rames.
Resolution No.: 08-015
Page 4
File No.: PUD-RZ 06-019
May 7,2008
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19 B.
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34 C.
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38 D.
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45 E.
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11. Priorto the issuance offinal site plan approval for the West Indrio Groves Planned
Country Subdivision, the developers, their successor or assigns shall submit to St.
Lucie County Growth Management draft Homeowners Association and Agreement
of Sale documents that disclose the following to potential buyers:
a. the location of the St. Lucie County airport and indication that aircraft may
be operating in the area, and
b. the fact that agricultural activities continue to operate adjacent to this
development.
12. The hours of operation for construction activities shall be limited to the time period
from 7:00 AM. to 5:30 P.M., Monday through Friday, 7:00 AM. to 1 :00 P.M.
Saturday and no work on Sundays. No construction shall take place on Federal
Holidays. The hours of operation restrictions do not apply to sales activities. In the
event the County adopts uniform hours of operation for construction activities that
apply county wide, then such hours of operation shall supersede the hours of
operation set forth.
The property on which this Amendment to the Official Zoning Atlas and Preliminary
Planned Country Subdivision Site Plan approval is being granted is legally described as
follows:
THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 34 SOUTH,
RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, EXCEPT RIGHTSOF-WAY FOR
PUBLIC ROADS AND DRAINAGE CANALS.
CONTAINING 78.4 ACRES MORE OR LESS.
(Property Identification Number: 1304-411-0001-000/5)
(Location: west side of Johnston Road, approximately two miles north of Indrio Road and
approximately 1 mile east of Interstate 95)
This Preliminary Planned Country Subdivision Site Plan approval shall expire on May 6,
2010, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie
County Land Development Code.
The Preliminary Planned Country Subdivision Site Plan approval granted under this
Resolution is specifically conditioned to the requirement that the petitioner, Indrio Groves,
LLC, including any successors in interest, shall obtain all necessary development permits
and construction authorizations from the appropriate State and Federal regulatory
authorities prior to the issuance of any local building permits or authorizations to
commence development activities on the property described in Pat B.
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
Resolution No.: 08-015
Page 5
File No.: PUD-RZ 06-019
May 7,2008
with that condition, the site plan approval granted by this Resolution shall become null and
void.
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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 and shall
become effective upon filing.
I.
The St. Lucie County Growth Management Director is hereby authorized and directed to
cause the Zoning change to be made on the Official Zoning Atlas of St. Lucie County,
Florida, to grant Preliminary Planned Country Subdivision Site Plan approval for the project
know as West Indrio Groves and to make notation of reference to the date of adoption of
this resolution.
After motion and second, the vote on this resolution was as follows:
Chairman Joseph E. Smith
AYE
Vice-Chairman Paula A Lewis
ABSENT
Commissioner Doug Coward
AYE
Commissioner Charles Grande
AYE
Commissioner Chris Craft
AYE
1
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PASSED AND DULY ADOPTED This 6th Day of May, 2008.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUN~~A
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ATTEST:
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File Name: Resolution 08-015 FINAL
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File No.: PUD-RZ 06-019
May 7, 2008
Resolution No.: 08-015
Page 6
1
Exhibit A
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Maps
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. General Location Map
. Area Subject to the Change in Zoning
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Resolution No.: 08-015
Page 7
File No.: PUD-RZ 06-019
May 7, 2008
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PUD-RZ 06-019
A petition of Indrio Groves, LLC for a proposed Amendment to the Official Zoning
Atlas from theAG-1 (Agricultural- 1 du/acre) Zoning District to the PCS (Planned
Country Subdivision) Zoning District and granting Preliminary Planned Country
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Map prepared February 25 , 2008