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HomeMy WebLinkAbout04-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 JOANNE ~OLMAN, CLERK OF THE CIRCUIT COURT - SAINT LUCiE COUNTY File Number: 2556416 OR BOOK 1906 PAGE 964 Recorded:O~/~5~04 09:°0 RESOLUTION 04-008 FILE NO.: RZ-03-004 & PUD-03-003 A RESOLUTION GRANTING A CHANGE IN ZONING FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA AND FOR PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL FOR A PROJECT KNOWN AS CARLTON COUNTRY ESTATES. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: CHANGE IN ZONING Joseph Miller, presented a petition for a Change in Zoning from AG-5 (Agricultural, - ldu/5ac) to PUD (Planned Unit Development) for certain property in St. Lucie County, Florida, the purpose of which is to receive Final Planned Unit Development approval for a 24-unit single-family subdivision on the east side of ideal Holding Road approximately .75 acres south of Okeechobee Road. On December 18, 2003, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published in the Ft. Pierce News Tribune and mailed to all property owners within 500 feet at least 15 days prior to the hearing, and recommended to this Board that the requested change in zoning from AG-5 (Agricultural, - l du/5ac) to PUD (Planned Unit Development), be granted. On January 20, 2004, this Board held a public hearing on the petition of Joseph, after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within the Reserve Development. The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. SITE PLAN On January 20, 2004, this Board held a public hearing on the petition of Joseph Miller for Preliminary and Final Planned Unit Development approval for Carlton Country Estates, after publishing a notice of such hearing in the Ft. Pierce Tribune and Port St. Lucie News and notifying by mail all owners of property within 500 feet of the subject property. File No.: RZ-03-004 and PUD-03-003 January 20, 2004 Resolution 04-008 Page 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 OR BOOK 1906 PAGE 965 The petitioner, Joseph Miller, is now seeking Preliminary and Final Planned Unit Development site plan approval for the project known as Carlton Country Estates. The Development Review Committee has reviewed the Final Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part C of this Resolution. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 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. 10. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 11. 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. 12. The proposed project will be served by adequate public facilities and services. 13. The applicant has demonstrated that water supply, evacuation facilities and emergency access are satisfactory to provide adequate fire protection. 14. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Community Development Director on January 20, 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: CHANGE IN ZONING The property on which the change in zoning from AG-5 (Agricultural - 1 du/5ac) to PUD (Planned Unit Development) is being granted is described as follows: DESCRIPTION: THE SOUTHWEST ¼ OF SECTION 11, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS RIGHT-OF-WAYS FOR CANAL NUMBERS 76 AND 77 OF THE NORTH ST. LUClE RIVER WATER CONTROL DISTRICT AND LESS THE RIGHT-OF-WAY OF IDEAL HOLDING ROAD. Location: East side of Ideal Holding Road approximately .75 miles south of Okeechobee Road File No.: RZ-03-004 and PUD-03-003 Resolution 04-008 January 20, 2004 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 OR BOOK 1906 PAGE 966 Bo Eo A copy of this Resolution shall be attached to the site plan drawings described in Part B, which plan shall be placed on file with the St. Lucie County Community Development Director. A copy of the Certificate of Capacity issued pursuant to this rezoning is attached. SITE PLAN Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Final Site Plan for the project to be known as Carlton Country Estates, be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by Lindahl, Browning, Ferrari & Hellstrom, on July 16, 2003, last revised on October 9, 2003 and date stamped received by the St. Lucie County Community Development Director on October 9, 2003, subject to the following conditions: Prior to Final Plat approval for the development, the developer must pay, to the county, his fair share of the cost of the paving of Ideal Holding Road. Such payment shall be consistent with the existing Ideal Holding Road MSBU (Municipal Services Benefit Unit). Notification of the proximity of Aero Acres, a fly in subdivision located approximately one-half mile away, shall be prominently placed in all advertising materials for Carlton Country Estates. 3. Notification of the proximity and nature of agricultural uses shall be prominently placed in all advertising materials for Carlton Country Estates. The property on which this site plan approval is being granted is described in Part A. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on January 20, 2006, unless the developer has obtained a Final Plat approval for the site plan/subdivision described in Part B or an extension has been granted in accordance with Section 11.06.06(B)(3), St. Lucie County Land Development Code. Unless otherwise addressed through the projects final construction plans, all primary infrastructure work for this subdivision plat shall be completed no later than January 20, 2006. The Final Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Joseph Miller, including any successors in interest, shall obtain all necessary development permits and construction authorizations form the appropriate State and Federal regulatory authorities, including but not limited to; the United Stated Army Corp 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 A. File No.: RZ-03-004 and PUD-03-003 Resolution 04-008 January 20, 2004 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 The conditions set forth in Part B are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section B 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. Go A copy of this Resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the St. Lucie County Community Development Director. A copy of the site plan referenced in Part C is attached. After motion and second, the vote on this resolution was as follows: Chairman Paula Lewis AYE Vice-Chairman John Bruhn AYE Commissioner Cliff Barnes AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward AYE PASSED AND DULY ADOPTED this 20TM day of January 2004. ATTEST BOARD OF OOUNTY OOMMIS~:;)J~ER8 ST. LUOIE OOUNTY, FLoRIOA APPROVED AS TO FORM AND CORRECTNESS Deputy~lerk ~ County~'A~orney DPK H:\CarltonCountry\Resolution File No.: RZ-03-004 and PUD-03-003 Resolution 04-008 January 20, 2004 Page 4 OR BOOK 1906 PAGE 968 St Lucie County Certificate of Capacity Date 1/28/2004 Certificate No. 1421 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 Number of units 24 Final Planned Unit Development Approval Number of square feet 2. Property legal description & Tax ID no. 3211-211-0001-000/2 E side of Ideal Holding Rd, S of Okeechobee Carlton Country Estates 3. Approval: Building Resolution No. RES-04-008 4. Subject to the following conditions for concurrency: See resolution for 3 specified conditions. Letter 01/20/04 Owner's name Joseph G. Miller Address 5500 Orange Avenue Fort Pierce FL 34947 6. Certificate Expiration Date 1/20/2006 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. Signed ~X~ ~V~~ ~ Date: 1/28/2004 Wednesday, January 28, 2004 Page 1 of 1