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HomeMy WebLinkAbout10-027 ~ M 7 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT P W-~ SAINT LUCIE COUNTY FILE # 3448349 03/08/2010 at 03:35 PM ' ~j5~ OR BOOK 3176 PAGE 2138 - 2147 Doc Type: RESO ~rVP.y~ RECORDING: $86.50 1 ~ RESOLUTION NO. 10-027 2 f l FILE NO.: PUD 06-003 3 4 A RESOLUTION GRANTING PRELIMINARY PLANNED UNIT DEVELOPMENT 5 APPROVAL ON A 231.82 ACRE (MORE OR LESS) PARCEL OF LAND 6 LOCATED NORTHEAST OF THE INTERSECTION OF SHINN ROAD AND 7 OKEECHOBEE ROAD, WHICH WOULD PERMIT 45 SINGLE FAMILY 8 DWELLING UNITS AND 6.95 ACRES OF FUTURE DEVELOPMENT FOR THE 9 PROJECT KNOWN AS SHINN ROAD 251 PUD, MAKING FINDINGS OF FACT 10 AND DETERMINING CONCLUSIONS OF LAW. 11 12 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 13 testimony and evidence, including but not limited to the staff report, has made the following 14 determinations: 15 16 1. Dennis O'Shea of Stiles Development, through Thomas Lucido & Associates, agent, 17 presented a petition for a Change in Zoning from the AG-5 (Agricultural 1 du / 5 acres) 18 Zoning District to the PUD (Planned Unit Development) Zoning District and Preliminary 19 Planned Unit Development Site Plan approval for the project to be known as Shinn Road 20 251 PUD, a single family residential subdivision consisting of 231.82 acres and 45 single 21 family lots and 6.95 acres of future development. The location of the property is at the 22 northeast corner of Shinn Road and Okeechobee Road. 23 24 2. On November 19, 2009, the St. Lucie County Planning and Zoning Commission held a 25 public hearing, of which due public notice was published and mailed to all property 26 owners within 500 feet of the subject property at least 10 days prior to the hearing, and 27 recommended to the Board of County Commissioners that Preliminary Planned Unit 28 Development Site Plan approval for the project known as Shinn Road 251 PUD be 29 approved. 30 31 3. On February 2, 2010, the Board of County Commissioners of St. Lucie County, Florida, 32 held a public hearing, of which due notice was published and mailed to all property 33 owners within 500 feet of the subject property at least 10 days prior to the hearing, on 34 the Preliminary Planned Unit Development Site Plan for the project known as Shinn 35 Road 251 PUD, and heard and considered additional testimony on the proposed 36 Development Order for this project. 37 38 39 FINDINGS OF FACT 40 41 A. The Development Review Committee has found that the proposed project is consistent 42 with the goals, objectives and policies of the Future Land Use Element of the St. Lucie 43 County Comprehensive Plan, and meets the technical requirement of the St. Lucie 44 County Land Development Code. 45 46 B. The proposed project will not have an undue adverse effect on adjacent property, the 47 character of the neighborhood, and other matters affecting the public health, safety, 48 and general welfare. 49 50 C. All reasonable steps have been taken to minimize any adverse effect on the proposed File No.: PUD-06-003 Resolution 10-027 Final -Approved 02.02.10.docx 2/22/2010 Page 1 1 project on the immediate vicinity through building design, site design, landscaping and 2 screening. 3 4 D. The proposed project is constructed, arranged and operated so as not to interfere with 5 the development and use of neighboring property, in accordance with applicable district 6 regulations. 7 8 9 CONCLUSIONS OF LAW 10 11 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 12 County, Florida, having made the findings of fact set forth above, makes the following 13 conclusions of law: 14 15 A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the 16 Preliminary Planned Unit Development project to be known as Shinn Road 251 PUD, 17 as depicted on the site plan drawings for the project prepared by Lucido & Associates, 18 last revised on November 12, 2009, and date stamped received by the St. Lucie 19 County Growth Management on December 8, 2009, and is hereby approved subject to 20 the following conditions: 21 22 23 CONDITIONS OF APPROVAL 24 25 1) Prior to issuance of a Vegetation Removal Permit or Exemption for any portion of the Shinn 26 Road Planned Unit Development site, the developers, their successor or assigns shall 27 record an Open Space Management Plan either as part of the homeowners' association 28 documents or separately. The Open Space Management Plan shall be approved by County 29 staff and shall address the long-term management and maintenance of common and private 30 open spaces. The approved Open Space Management Plan shall be provided to the County 31 Attorney for review and approval and shall include the homeowners' association documents, 32 if jointly recorded, along with an affidavit and a cashier's check, payable to the Clerk of the 33 Court for the appropriate recording fees. 34 35 2) Prior to issuance of a Vegetation Removal Permit or Exemption for any portion of the Shinn 36 Road Planned Unit Development site, the developers, their successor or assigns shall 37 provide a copy of the homeowners' association documents to County staff for review. The 38 homeowners' association documents shall not restrict the use of common or private open 39 space for bona fide agricultural activities. The documents should include, at a minimum: 40 a. the rights and responsibilities of the homeowners' association for the maintenance of 41 the common open space; 42 b. the rights and responsibilities of individual lot owners for the maintenance of the 43 private open space; and 44 c. a reference to the Open Space Management Plan. 45 46 3) Prior to Final Planned Unit Development approval, the applicant shall provide County staff 47 with proposed plans for dedication of common open space areas to a public or acceptable 48 private agency such as a homeowners' association via a plat dedication. The dedication of 49 common open space shall not contain restrictions on the future use for bona fide agricultural 50 activities. 51 File No.: PUD-06-003 Resolution 10-027 Final -Approved 02.02.10.docx 2/22/2010 Page 2 1 4) Prior to issuance of a Vegetation Removal Permit or Exemption for any portion of the Shinn 2 Road 251 Planned Unit Development site, the developers, their successor or assigns, shall 3 provide copies of all required federal and state permits. If federal or state agency 4 compliance requires modification to the development plans, the applicant will promptly 5 modify the plans and submit to St. Lucie County for review and approval as required by the 6 Land Development Code. The applicant will not use the County's development approval to 7 prevent compliance with any federal or state agency requirements. Nothing herein shall 8 impact the applicant's ability to continue bona fide agricultural activities on the property in 9 accordance with federal, state, and local laws. 10 11 5) Prior to issuance of a Vegetation Removal Permit or Exemption for any portion of the Shinn 12 Road 251 Planned Unit Development site, the developers, their successor or assigns, shall 13 finalize an Improvement Agreement acceptable to the Environmental Resources 14 Department covering the cost of all required landscaping, irrigation, tree mitigation (including 15 any tree relocation), and related improvements as shown in the site plan. A copy of this 16 agreement can be obtained by visiting the St. Lucie County Environmental Resources 17 Department website at: http://www.stlucieco.org/erd/index.htm. 18 19 6) Prior to Final Planned Unit Development approval, the applicant shall convey to the County 20 a ten (10) foot wide easement, in a form acceptable to the County Attorney, along the north 21 and east boundaries of the project as shown on the Preliminary Site Plan for use as part of 22 the County's Greenways and Trails system. 23 24 7) Prior to Final Planned Unit Development approval, the applicant shall perform caracara, 25 gopher tortoise, and any other appropriate listed species surveys in accordance with US 26 Fish and Wildlife Service (FWS) or Florida Fish and Wildlife Conservation Commission 27 (FWC) protocols, as applicable. Alternatively, the applicant shall provide the Environmental 28 Resources Department with correspondence from FWS (for federally-listed species) and 29 FWC (for state-listed species) indicating that listed species surveys would not be necessary 30 for the site. If surveys are warranted, methods and results shall be provided to the 31 Environmental Resources Department per Comprehensive Plan Policy 8.1.12.5. In the event 32 that surveys warrant site plan revisions based on FWS or FWC recommendations, such 33 revisions would require St. Lucie County review and approval, per the Land Development 34 Code. Nothin herein shall im act the a licant s abilit to continue bona fide a ricultural g p pP Y 9 35 activities on the property in accordance with federal, state, and local laws. 36 37 8) Prior to Final Planned Unit Development approval, the applicant shall provide a detailed 38 littoral/shallow water and upland buffer planting plan, including the sizes, quantities, and 39 proposed spacing of each species. 40 41 9) The County has agreed to the following terms and conditions, pertaining to the funding and 42 construction of Greenways and Trails on the subject site: 43 a. The County will be responsible for funding and constructing all improvements to the 44 10-foot easement related to the Greenways and Trails system, including canal 45 crossings. The County shall not construct the trail within the 10-foot easement 46 without also constructing all necessary infrastructure to make the trail accessible and 47 usable to the public. 48 b. If the County constructs public trails along the 10-foot easement, then the County 49 shall construct a fence along the boundary line of the 10-foot easement so that public 50 access to the Project is restricted. The fence shall be a three board style horse fence 51 or similar in kee in with the character of the Project. No barb wire or smooth wire p 9 1 File No.: PUD-06-003 Resolution 10-027 Final -Approved 02.02.10.docx 2/22/2010 Page 3 1 fences shall be allowed. The applicant shall have the right to provide access points 2 through the fence at the applicant's sole discretion. 3 c. In the event the County does not include the construction of a trail within the 10-foot 4 easement and the canal crossings in the County's Capital Improvement Schedule 5 within five (5) years from the date of Preliminary PUD approval and does not 6 complete trail and bridge construction within seven (7) years from the date of 7 Preliminary PUD approval, then the 10-foot easement shall be removed and the 8 County will record all necessary documents to remove the easement and return the 9 unencumbered property to the underlying land owner. 10 11 10) Prior to obtaining a Vegetation Removal Permit or Exemption for each lot, a detailed 12 development plan shall be submitted to determine compliance with Land Development Code 13 Section 6.00.05A&B as well as private open space requirements. Detailed development 14 plans may include a site plan or building plan, as required by the St. Lucie County Land 15 Development Code, for the area proposed for vegetation removal. Tree mitigation for the 16 area proposed for development shall be included and must be approved by the 17 Environmental Resources Department prior to issuance of the Vegetation Removal Permit 18 or Exemption. 19 20 11) Prior to any final plat approvals or approval of any Final Planned Unit Development (PUD) 21 extension requests, all invasive exotic vegetation located within the subject area shall be 22 removed. If the project is phased, exotic removal shall be required for each phase prior to 23 final plat approvals or approval of any Final PUD extension requests for the subject phase. 24 Exotics shall be removed along the entire length of all requested easements prior to any 25 Phase 1 final plat approvals or Phase 1 Final PUD extension requests. 26 27 12) Pursuant to Chapter 11.04 of the St. Lucie County Land Development Code, the applicant 28 shall either construct or bond all required improvements prior to recordation of the final plat. 29 If the applicant chooses to bond the required improvements, a Subdivision Improvement 30 Agreement shall be required. The final plat shall not be recorded until the BOCC approves 31 the Subdivision Improvement Agreement. A copy of the standard "Agreement" can be 32 obtained from the St. Lucie County Public Works Department website. 33 34 13) Within 90 days of Final Planned Unit Development approval, the applicant shall convey the 35 required road right of way for Shinn Road. The manner and form of conveyance shall be 36 acceptable to the County Attorney. The sketch and legal description shall be prepared by a 37 Florida licensed surveyor. Pursuant to Chapter 7.05.03 of the St. Lucie County Land 38 Development Code, the applicant may be granted credits against road impact fees. 39 40 14) Within 90 days of Final Planned Unit Development approval, the developer shall pay a fee in 41 lieu of construction of the 12-foot wide multi-use path on the east side of Shinn Road in the 42 amount of $100,163.45. 43 44 15) Prior to Final Planned Unit Development approval and the issuance of a Certificate of 45 Capacity, the applicant shall comply with the concurrency management rules in effect at the 46 time of Final PUD approval and shall enter into proportionate fair share agreements as 47 warranted. Specifically, the Kings Highway and Orange Avenue intersection shall be 48 analyzed for impact and necessity of proportionate fair share contribution. The applicant 49 may receive future road impact fee credit for fair share mitigation in accordance with 50 applicable codes. 51 File No.: PUD-06-003 Resolution 10-027 Final -Approved 02.02.10.docx 2/22/2010 Page 4 1 16) Prior to Final Planned Unit Development approval the applicant shall provide copies of 2 FDOT access permits. 3 4 17) The Final Planned Unit Development site plan graphics shall indicate the dimensions and 5 location of their smallest lot to ensure that the minimum lot size requirement is met for the 6 provision of well and septic. 7 8 18) The Final Planned Unit Development site plan graphics shall indicate that the development 9 will not be gated. 10 11 19) Prior to Final Planned Unit Development approval, the following corrections shall be made 12 and shown consistently on all site and engineering plans: 13 a. Shinn Road right-of-way must be clearly labeled in two places on Preliminary 14 Engineering Plan Sheet 1 of 3, and 15 b. FPL Easement ORB & Page shall be clearly labeled on Preliminary PUD Sheet S1-3. 16 17 20) The Neighborhood Commercial area shown on the preliminary site plan shall be changed to 18 "Tract A" and shall have no development use assigned to it as part of Preliminary Planned 19 Unit Development approval. The proposed use of Tract A shall be identified at the time of 20 Final Planned Unit Development submission. If Tract A is proposed to be used for 21 neighborhood commercial, then the need for a neighborhood commercial use on this site 22 must be supported by a needs justification submitted by the developer, or based on the 23 results of the Gounty's Western Lands Study or other study undertaken by the County. 24 25 21) The Final Planned Unit Development site plan shall depict the location of all portions of the 26 open space as depicted on the Preliminary Planned Unit Development plans. At the time of 27 building permit issuance for each lot, the location of open space within private lots may be 28 modified by the lot owner in accordance with procedures and limitations outlined in the Land 29 Development Code for Minor Adjustments. The maximum impervious area shall not be 30 exceeded and minimum open space requirements must be satisfied. 31 32 22) Prior to final plat approval, areas along Okeechobee Road designated for future 33 development shall be labeled as such and included within the overall boundaries of the land 34 to be platted. Future development areas shall be shown on the plat as Tract A and Tract B, 35 separate from the Shinn Road 251 PUD. 36 37 23) Prior to Final Planned Unit Development approval, the buildable area of each lot shall be 38 dimensioned at each border from its parallel lot line. 39 40 24) All restrictions on open space within private lots shall be recorded in the Public Records of 41 St. Lucie County, Florida and shall be provided to potential buyers at the Agreement of Sale. 42 43 25) Prior to Final Planned Unit Development approval, the applicant shall make the following 44 revisions to the Preliminary PUD site plan: total lot count shall be reduced to 45, open space 45 shall be maintained at a total of 80% outside of the Neighborhood Commercial/Tract Aarea, 46 a gazebo shall be added on the north side of the site adjacent to Lake A, a tot lot shall be 47 added near the center of the site, and a community park shall be shown on the south side of 48 the site. 49 File No.: PUD-06-003 Resolution 10-027 Final -Approved 02.02.10.docx 2/26/2010 Page 5 1 The property on which this site plan approval is being granted is described as follows: 2 3 LEGAL DESCRIPTION: 4 5 PARCEL 1: 6 FROM THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 7 35 SOUTH, RANGE 39 EAST, RUN NORTH ALONG SECTION LINE 1,108 FEET AND THEN 8 WEST 30 FEET FOR POINT OF BEGINNING; THENCE NORTH 0°17' EAST PARALLEL TO 9 THE EAST SECTION LINE 903.7 FEET; THENCE NORTH 61°33' WEST 108.8 FEET; 10 THENCE NORTH 47°32' WEST 605.4 FEET; THENCE NORTH 64°43' WEST 179.6 FEET; 11 THENCE SOUTH 89°47' WEST 456.7 FEET TO A POINT WHICH IS 1,478 FEET EAST OF 12 WEST LINE OF THE NORTHEAST 1/4 OF SECTION 31; THENCE SOUTH 0°09' WEST 13 PARALLEL WITH AND 1,478 FEET EAST OF SAID WEST LINE OF THE NORTHEAST 1/4 A 14 DISTANCE OF 1,443.6 FEET TO A POINT WHICH IS 1,108 FEET NORTH OF THE SOUTH 15 LINE OF SAID NORTHEAST 1/4 SECTION 31; THENCE NORTH 89°47' EAST 1,160.94 FEET 16 TO POINT OF BEGINNING; AND EAST 1,448 FEET OF THE WEST 1,478 FEET OF THE 17 NORTHEAST 1/4 LESS THE NORTH 84 FEET AND LESS THE SOUTH 43 FEET AND LESS 18 THE WEST 33 FEET, ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. 19 20 PARCEL 2: 21 THAT PART OF THE EAST 1,103 FEET OF THE EAST ONE-HALF OF THE SOUTHEAST 22 QUARTER OF SECTION 31, TOWNSHIP 35 SOUTH, RANGE 39 EAST LYING NORTH AND 23 WEST OF OKEECHOBEE ROAD, LESS AND EXCEPTING THEREFROM THE NORTH 43 24 FEET FOR CANAL RIGHT-OF-WAY; AND ALSO THE NORTH 1,065 FEET OF THE SOUTH 25 1,108 FEET OF THE EAST 1,160.94 FEET AND THE WEST 30 FEET OF THE EAST 1,190.94 26 FEET OF THE NORTH 1,065 FEET OF THE SOUTH 1,108 FEET OF THE SOUTHEAST 27 QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 35 SOUTH, 28 RANGE 39 EAST, AND ALSO, THE EAST 30 FEET OF THAT PART OF THE NORTHEAST 29 QUARTER OF SECTION 31, TOWNSHIP 35 SOUTH, RANGE 39 EAST LYING SOUTH OF 30 CANAL # 71, ALSO KNOWN AS 10 MILE CREEK; ALL LYING AND BEING IN ST. LUCIE 31 COUNTY, FLORIDA. 32 33 PARCEL 3: 34 THE WEST 1,545.2 FEET OF THE SOUTHEAST 1/4 LYING NORTH AND WEST OF 35 OKEECHOBEE ROAD OF SECTION 31, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LESS 36 THE WEST 33 FEET AND LESS THE SOUTH 52.5 FEET, AND LESS THE NORTH 49 FEET, 37 AND LESS THAT PORTION TAKEN AND DESCRIBED IN OFFICIAL RECORDS BOOK 326, 38 PAGE 331, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND ALSO LESS THE 39 PORTION CONVEYED BY WARRANTY DEED TO STATE OF FLORIDA DEPARTMENT OF 40 TRANSPORTATION,RECORDED IN OFFICIAL RECORDS BOOK 1790,PAGE 2797, PUBLIC 41 RECORDS OF ST.LUCIE COUNTY, FLORIDA. 42 43 PARCEL 4: 44 THAT PART OF THE WEST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 32, 45 TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING WEST AND NORTH OF OKEECHOBEE 46 ROAD,. (AS IT NOW EXISTS) ALSO KNOWN AS STATE ROAD # 70, EXCEPTING 47 THEREFROM THE NORTH 49 FEET FOR CANAL RIGHT-OF-WAY, ALL LYING AND BEING 48 IN ST. LUCIE COUNTY, FLORIDA. 49 50 LESS AND EXCEPTING FROM SAID PARCELS 2 AND 3 THE FOLLOWING DESCRIBED 51 PROPERTY: File No.: PUD-06-003 Resolution 10-027 Final -Approved 02.02.10.docx 2/22/2010 Page 6 1 2 NOT INCLUDED PARCEL (1) 3 4 COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER (1/4) 5 OF SECTION 31, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; 6 7 THENCE SOUTH 00°07'00" WEST, ALONG THE EAST LINE OF SAID SOUTHEAST ONE- 8 QUARTER (1/4) OF SECTION 31, A DISTANCE OF 617.75 FEET TO A POINT ON THE 9 SOUTH LINE OF AFOREMENTIONED PARCEL 2, SAID POINT ALSO BEING ON THE 10 NORTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 70 (OKEECHOBEE ROAD) AS 11 DESCRIBED IN OFFICIAL RECORDS BOOK 1790, PAGE 2797, PUBLIC RECORDS OF ST. 12 LUCIE COUNTY, FLORIDA, AND ALSO BEING A POINT ON THE ARC OF ANON-TANGENT 13 CURVE, CONCAVE NORTHWESTERLY (SAID POINT BEARS SOUTH 42°34'09"EAST FROM 14 THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); 15 16 THENCE SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID PARCEL 2, SAID 17 NORTHWESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE HAVING A 18 RADIUS OF 7543.44 FEET, A ARC LENGTH OF 32.89 FEET, AND CENTRAL ANGLE OF 19 00°14'59" TO THE POINT OF BEGINNING; 20 21 THENCE CONTINUE SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID PARCEL 2, 22 SAID NORTHWESTERLY RIGHT OF WAY LINE, AND ARC OF SAID CURVE HAVING A 23 RADIUS OF 7543.44 FEET, AN ARC LENGTH OF 275.91 FEET, AND A CENTRAL ANGLE 24 OF 02°05'44" TO A POINT OF TANGENCY; 25 26 THENCE SOUTH 49°46'35" WEST, ALONG THE SOUTH LINE OF SAID PARCELS 2 AND 3 27 AND SAID NORTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 1163.54 FEET TO 28 THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY; 29 30 < THENCE SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID PARCEL 3, SAID 31 NORTHWESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE HAVING A 32 RADIUS OF 5869.58 FEET, AN ARC LENGTH OF 503.03 FEET, AND A CENTRAL ANGLE 33 OF 04°54'37" TO A POINT OF NON-TANGENCY; 34 35 THENCE NORTH 48°27'39" EAST, A DISTANCE OF 140.06 FEET TO THE BEGINNING OF A 36 TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG 37 THE ARC OF SAID CURVE, HAVING A RADIUS OF 365.00 FEET, A ARC LENGTH OF 38 213.06 FEET, AND A CENTRAL ANGLE OF 33°26'39" TO A POINT OF NON-TANGENCY; 39 40 THENCE NORTH 46°58'18" EAST, A DISTANCE OF 308.65 FEET; 41 42 THENCE NORTH 48°22'30" EAST, A DISTANCE OF 302.95 FEET; 43 44 THENCE NORTH 49°46'35" EAST, A DISTANCE OF 1015.02 FEET; 45 46 THENCE NORTH 46°38'07" EAST, A DISTANCE OF 410.66 FEET; 47 48 THENCE SOUTH 42°35'06" EAST, A DISTANCE OF 347.75 FEET TO THE POINT OF 49 BEGINNING; 50 51 SAID LANDS SITUATE IN ST. LUCIE COUNTY, FLORIDA. File No.: PUD-06-003 Resolution 10-027 Final -Approved 02.02.10.docx 2/22/2010 Page 7 1 2 AND ALSO LESS AND EXCEPTING FROM SAID PARCELS 2 AND 4 THE FOLLOWING 3 DESCRIBED PROPERTY: 4 5 NOT INCLUDED PARCEL (2) 6 7 COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER (1/4) 8 OF SECTION 31, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; 9 10 THENCE SOUTH 00°07'00" WEST, ALONG THE EAST LINE OF SAID SOUTHEAST ONE- . 11 QUARTER (1/4) OF SECTION 31, A DISTANCE OF 92.90 FEET TO THE POINT OF 12 BEGINNING; 13 14 THENCE NORTH 49°07'10" EAST, A DISTANCE OF 66.80 FEET TO A POINT ON THE 15 NORTH LINE OF THE AFOREMENTIONED PARCEL 4, SAID POINT ALSO BEING ON THE 16 SOUTH RIGHT OF WAY OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT 17 CANAL 82; 18 19 THENCE SOUTH 89°47'35" EAST ALONG SAID NORTH LINE OF PARCEL 4 AND SAID 20 SOUTH RIGHT OF WAY LINE OF CANAL 82, A DISTANCE OF 503.75 FEET TO A POINT ON 21 THE SOUTHERLY LINE OF SAID PARCEL 4, SAID POINT ALSO BEING ON THE 22 NORTHWESTERLY RIGHT OF WAY LINE OF STATE ROAD 70 (OKEECHOBEE ROAD) AS 23 DESCRIBED IN OFFICIAL RECORDS BOOK 1790, PAGE 2797, PUBLIC RECORDS OF ST. 24 LUCIE COUNTY, FLORIDA, AND ALSO BEING A POINT ON THE ARC OF ANON-TANGENT 25 CURVE, CONCAVE NORTHWESTERLY (SAID POINT BEARS SOUTH 48°35'55" EAST 26 FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); 27 28 THENCE SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID PARCEL 4, SAID 29 NORTHWESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, HAVING A 30 RADIUS OF 7543.44 FEET, AN ARC LENGTH OF 756.71 FEET, AND A CENTRAL ANGLE 31 OF 05°44'51" TO A POINT OF NON-TANGENCY; 32 33 THENCE NORTH 42°35'06" WEST, A DISTANCE OF 395.12 FEET; 34 35 THENCE NORTH 49°07'10" EAST, A DISTANCE OF 318.97 FEET TO THE POINT OF 36 BEGINNING; 37 38 SAID LANDS SITUATE IN ST. LUCIE COUNTY, FLORIDA. 39 40 ALL SAID LANDS SITUATE IN ST. LUCIE COUNTY, FLORIDA, CONTAINING 231.82 ACRES, 41 MORE OR LESS. 42 43 (Northeast of the intersection of Shinn Road and Okeechobee Road) 44 45 B. The conditions set forth in Part A are an integral non severable part of the site plan 46 approval granted by this resolution. If any condition set forth in Part A is determined to 47 be invalid or unenforceable for any reason and the developer declines to comply 48 voluntarily with that condition, the site plan approval granted by this resolution shall 49 become null and void. 50 51 C. A copy of this Resolution shall be attached to the site plan drawings described in Part File No.: PUD-06-003 Resolution 10-027 Final -Approved 02.02.10.docx 2/22/2010 Page 8 1 A, which plan shall be placed on file with the St. Lucie County Growth Management 2 Director. 3 4 D. Preliminary Planned Unit Development approval shall expire on February 2, 2012 5 unless an extension has been granted in accordance with Section 11.02.06(8)(3) of 6 the St. Lucie County Land Development Code 7 8 E. A copy of this Resolution shall be mailed, return receipt requested, to the developer 9 and agent of record as identified on the site plan applications. 10 11 F. This Resolution shall be recorded in the Public Records of St. Lucie County. 12 13 14 After motion and second, the vote on this resolution was as follows: 15 16 Charles Grande, Chairman AYE 17 18 Doug Coward, Vice-Chair AYE 19 20 Chris Craft, Commissioner AYE 21 22 Chris Dzadovsky, Commissioner AYE 23 24 Paula A. Lewis, Commissioner AYE 25 26 27 PASSED AND DULY ADOPTED this 2~d day of February, 2010. 28 29 30 BOARD OF COUNTY COMMISSIONERS 31 ST. LUCIE COUNTY, FLORIDA 32 33 34 ,2, 35 BY 36 Cha an 37 38 39 ATTEST APPROVED AS TO FORM 40 AND CORRECTNESS 41 42 43 44 xRC 45 Deputy Clerk ounty Attor e r 47 U ~ # ~ - ,~4 File No.: PUD-06-003 ~l~ Resolution 10-027 Final -Approved 02.02.10.docx 2/22/2010 Page 9 1 2 Exhibit A 3 Maps 4 5 6 Shinn Road 251 PUD su6~ect Ra€ce[s ~ fi ~p ZOning 'i ~ City of Pert S4 Lucie TY f s..~az..sF z.~ . _ I i i t ~ - ° I ~ i _ e a,. z~° _ _ _ w, i -i: _ ~dy c~ Po!! St. La1?e File No.: PUD-06-003 Resolution 10-027 Final -Approved 02.02.10.docx 2/22/2010 Page 10