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RESOLUTION 04-013
FILE NO.: RZ-03-031 & PUD-03-020
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
SHADOW OAKS @ 10-MILE CREEK.
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
Robert Stie,qele, Centerline Homes, presented a petition for a Change in Zoning from
RS-2 (Residential, Single-family - 2 du/acre) to PUD (Planned Unit Development) for
certain property in St. Lucie County, Florida, the purpose of which is to receive
Preliminary and Final Planned Unit Development approval for an 84-unit townhouse
development.
On January 15, 2004, the Planning and Zoning Commission held a public hearing on
the petition of Robert Stiegele, Centerline Homes, 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 500 feet of the property boundaries.
On February 17, 2004, this Board held a public hearing on the petition of Robert
Stiegele, Centerline Homes, 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 500
feet of the property boundaries.
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
Robert Stie.qele, Centerline Homes, presented a petition for a Preliminary and Final
Planned Unit Development Plan for an 84-unit townhouse project known as Shadow
Oaks @ 10-Mile Creek.
File No.: RZ-03-031 and PUD-03-020
February 17, 2004
T~~ -'~- ~..~. ~i/~.Resolution04.013
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On December 2, 2003, this Board approved Resolution 03-242 granting approval for a
Shoreline Variance to allow development within the required 300-foot shoreline
setback zone.
On January 15, 2004, the Planning and Zoning Commission held a public hearing on
the petition of Robert Stiegele, Centerline Homes, after publishing a notice of such
hearing in the Tribune and the Port St. Lucie News and notifying by mail all property
owners within 500 feet of the property boundaries.
The petitioner, Robert Stiegele, Centerline Homes, is now seeking Preliminary and
Final Planned Unit Development for an 84-unit townhouse project known as Shadow
Oaks @ 10-Mile Creek.
On February 17, 2004, this Board held a public hearing on the petition of Robert
Stiegele, Centerline Homes, for Preliminary and Final Planned Unit Development
approval for Shadow Oaks @ 10-Mile Creek after publishing a notice of such hearing
in the Tribune and notifying by mail all property owners within 500 feet of the subject
property.
The Development Review Committee has reviewed the Preliminary and 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 E 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.
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.
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.
The proposed project will be served by adequate public facilities and services.
The applicant has demonstrated that water supply; evacuation facilities
emergency access are satisfactory to provide adequate fire protection.
and
A Certificate of Capacity, a copy of which is attached to this Resolution, was granted
by the Community Development Director on February 17, 2004.
File No.: RZ-03-031 and PUD-03-020
February 17, 2004
Resolution 04-013
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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 RS-2 (Residential, Single-
family - 2 du/acre) to PUD (Planned Unit Development - Shadow Oaks) is being
granted is described as follows:
A PARCEL OF LAND LYING IN PART OF SECTION 29 AND 32, TOWNSHIP 35 SOUTH,
RANGE 40 EAST, ST. LUClE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRINED AS FOLLOWS:
FROM THE NORTHEAST CORNER OF SAID SECTION 32, RUN SOUTH 02°46'06'' WEST
ALONG THE SECTION LINE, 1458.58 FEET; THENCE RUN NORTH 87013'54.' WEST 25 FEET
TO THE WEST RIGHT OF WAY LINE FOR HAWLEY ROAD FOR THE POINT OF BEGINNING;
THENCE RUN NORTHWESTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST, (SAID
CURVE HAVING A CENTRAL ANGLE OF 90 DEGREES AND A RADIUS OF 266.55 FEET) A
DISTANCE OF 418.70 FEET; THENCE RUN NORTH 02o46'06'. EAST, 175.96 FEET; THENCE
RUN NORTH 77017'28.' WEST, 537.78 FEET; THENCE RUN SOUTH 87°54'16.' WEST, 1225.8
FEET; THENCE RUN NORTH 00055'06'' EAST, 1188 FEET TO THE TOP OF THE SOUTH
BANK OF CANAL NO. 71; THENCE RUN SOUTHEASTERLY ALONG THE TOP OF THE BANK
2457 FEET TO THE WEST RIGHT OF WAY LINE FOR HAWLEY ROAD. THENCE RUN SOUTH
02o46'06" WEST ALONG SAID RIGHT OF WAY LINE 584 FEET TO THE POINT OF
BEGINNING.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PORTION THEREOF CONVEYED TO ST.
LUClE COUNTY, FLORIDA BY DEEDS RECORDED IN OFFICAL RECORDS BOOK 734, PAGE
2463 AND OFFICIAL RECORDS BOOK 735, PAGE 1629 OF THE PUBLIC RECORDS OF ST.
LUClE COUNTY, FLORIDA.
PARCEL 21
A STRIP OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 32. TOWNSHIP 35 SOUTH,
RANGE 40 EAST, ST. LUClE COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID NORTHEAST 1.4; THENCE NORTH
89055'42.. WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST lA, A DISTANCE OF 25.02
FEET TO THE INTERSECTION OF SAID SOUTH LINE AND THE WEST RIGHT OF WAY LINE
OF SOUTH 25TH STREET; THENCE NORTH 02031'39'. EAST, PARALLEL WITH THE EAST
LINE OF SAID SECTION 32 AS SET FORTH BY STATE ROAD DEPARTMENT RIGHT OF WAY
MAP, SECTION 94504-2605, A DISTANCE OF 1442.23 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUE NORTH 02031 '39" EAST, ALONG SAID WEST RIGHT OF WAY LINE OF
SOUTH 25TH STREET AND PARALLEL WITH SAID EAST LINE OF SECTION 32 AS SET
FORTH BY S.R.D., A DISTANCE OF 584.00 FEET TO THE TOP OF BANK OF TEN MILE
CREEK; THENCE NORTH 46°28'21" WEST, ALONG SAID TOP OF BANK, A DISTANCE OF
26.50 FEET TO A POINT ON A LINE 45.00 FEET WEST OF AND PARALLEL WITH SAID EAST
LINE OF SECTION 32 AS SET FORTH BY S.R.D.; THENCE SOUTH 02°31'39" WEST, ALONG
SAID LINE 45.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SECTION 32 AS
SET FORTH BY S.R.D., A DISTANCE OF 600.63 FEET TO THE INTERSECTION OF SAID LINE
45.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SECTION 32 AS SET
FORTH BY S.R.D. AND A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF
266.55 FEET, A CHORD DISTANCE OF 20.01 FEET AND A CHORD BEARING OF SOUTH
85°19'15'' EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
File No.: RZ-03-031 and PUD-03-020
February 17, 2004
Resolution 04-013
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ANGLE OF 04°18'11" SOUTHEASTERLY A DISTANCE OF 20.02 FEET TO THE POINT OF
BEGINNING.
SAID LAND CONTAINS 42.07 ACRES MORE OR LESS.
Tax ID#: 2429-431-0060-000/5)
Location: West side of South 25th Street, directly across from Sweetwater Drive (southwest
corner of 25th Street and the Ten Mile Creek)
Is hereby approved.
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.
SITE PLAN
Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the
Preliminary and Final Site Plan for the project to be known as Shadow Oaks @ 10-
Mile Creek, be, and the same is hereby, approved as shown on the site plan drawings
for the project prepared by Julian Bryan & Associates on June 25, 2003, last revised
on November 20, 2003, and date stamped received by the St. Lucie County
Community Development Director on November 25, 2003, subject to the following
conditions:
No other restricted use or encroachment into the 300-foot shoreline
setback may be permitted, except as depicted on the site plan and
approved under Resolution 03-1841, shoreline variance application, unless
varied in accord with the applicable standards of the County's Land
Development Code.
As part of the submission of any construction plans for any activity in the
area of authorized encroachment, full and complete mitigation/restoration
plans shall be required demonstrating compliance with all applicable
County and State standards for the areas impacted by development
activities.
Prior to issuance of the first building permit, the developer's shall dedicate
to the county a minimum 50-foot strip of land along 10-Mile Creek the entire
length of the northern property line, in a manner acceptable by the St.
Lucie County.
Prior to issuance of a building permit for the first residential unit, the
developer's, their successors and assigns, shall provide for the
creation/establishment of a Conservation Easement over all areas of
protected upland/wetland preservation areas as shown on the project site
plan. This conservation easement shall be in favor of St. Lucie County. No
alterations of land within these areas so designated may take place without
the prior consent of the County and determination by the County that the
proposed activity is not in violation of any provision of the County's
File No.: RZ-03-031 and PUD-03-020
February 17, 2004
Resolution 04-01
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10.
Comprehensive Plan or development standard of the County's Land
Development Code.
Prior to issuance of the first building permit for this site plan, the applicant
shall be required to submit to the County a final tree mitigation plan that
indicates the location of all trees preserved and relocated and details the
number of inches of trees removed. If the mitigation credit does not
exceed the tree mitigation criteria, the applicant will be required to provide
a means for satisfying the remainder of the tree mitigation criteria.
Prior to the issuance of the first building permit for this site plan, the
developers, their successors and assigns, shall provide St. Lucie County
with a management plan for all areas of protected upland/wetland
preservation areas as shown on the project site plan that are to be covered
through the creation/establishment of a Conservation Easement over all
areas.
The applicant shall be required to submit to St. Lucie County an annual
monitoring report demonstrating compliance with the above conditions.
The requirement for this report shall begin on the anniversary date of
commencement of construction and shall continue on that date until two
(2) years after the completion of the development.
Prior to the issuance of any Land Clearing Permits for the Shadow Oaks @
10-Mile Creek Site, the developers shall clearly delineate all areas to be
preserved and/or protected. Delineation shall be by either the placing of
silt fencing, safety fencing or similar type of materials. Flagging shall not
be used except to guide the installation of the fencing materials. All land
clearing activities shall be in accordance to the specific
conditions/standards outlined in the Land Clearing Permit.
Right and left turn lanes along South 25th Street shall be constructed at the
primary project access driveways. All construction shall be in manner and
form acceptable to the Florida department of Transportation and St. Lucie
County. These turn lanes shall be constructed as part of the primary
driveway connection onto South 25th Street. At the option of the County,
these specific improvements may be waived and the developer's only
responsibility is to pay funds equating to the cost to provide these
improvements if it is determined that it is more effective to have them
constructed as part of the planned widening of South 25th Street.
The developer shall as part of the construction of this development provide
for the construction of a weather shelter, or other similar structure at the
main project entrance with South 25th Street for the purpose of providing
for a central pick-up and drop off location for any school bus
stops/demand response transit or other like transit activity that may be
caused by the development of this property.
Do
The property on which this site plan approval is being granted is described in
Part A.
File No.: RZ-03-031 and PUD-03-020
February 17, 2004
Resolution 04-013
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The approvals and authorizations granted by this Resolution for the purpose of
obtaining building permits on this property, shall expire on February 17, 2006,
unless the developer has obtained a building permit approval for the site plan
described in Part C or an extension has been granted in accordance with Section
11.06.06(B)(3), St. Lucie County Land Development Code.
The Final Planned Unit Development Site Plan/General Site Plan approval
granted under this Resolution is specifically conditioned to the requirement that
the petitioner, Robert Stiegele, Centerline Homes, 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.
The conditions set forth in Part C are an integral nonseverable part of the site
plan approval granted by this Resolution. If any condition set forth in Section C 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.
Ho
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.
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 17TM day of February 2004.
File No.: RZ-03-031 and PUD-03-020
February 17, 2004
Resolution 04-013
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
49 Cs
50 H:~orojects\Shadow Oaks~4~OC~Agenda\Re$olution04013.doc
File No.: RZ-03-031 and PUD-03-020
February 17, 2004
Chairman ~'
APPROVED AS TO F6~R~'I. '?;;' ' ....
AND CORRECTNESS%'
Resolution 04-013
Page 7
St Lucie County
Certificate of Capacity
Date 2/24/2004 Certificate No. 1481
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 Preliminary and Final PUD
Number of units 84 Number of square feet
2. Property legal description & Tax ID no.
2429-431-0060-000/5
SW Corner of S 25th St and 10-Mile Creek
Shadow Oaks @ 10-Mile Creek
3. Approval: Buildin!;I Resolution No. 04-013
4. Subject to the following conditions for concurrency:
Construction of an 84-unit townhouse community
Letter
Owner's name
Centerline Homes @ Ten Mile Creek, LLC
Address
12534 Wiles Road
Coral Springs FL 33076
6. Certificate Expiration Date 2/17/2006
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.
Signe
C~mmunffy Developmei~t Director
St LucieCounty, Florida~
Date: 2/24/2004
Tuesday, February 24, 2004
Page 1 of 1
iii
ZE
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F.LU. = RS (Residential Sub.ban)
ZONING = AR - 1
(Undeveloped, Forrn~ Groves)
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:::::::::::::::::::::::::::::
///
F.L.U. = RS~(R~esidential Suburban)
zO.~NG
(Scattered'~4;i~18 Family Homes)
Julian 8~an & Rss~iates
urban design site planning rezonlng property analysis mark~: feasibility gov~-nmental pro,-,,~-~_.'~g,-,-~
MASTER SITE PLAN
SHADOW OAKS
CENTERLINE HOME~
~n uOJk~.?.~,:: PAGE 2351
Land Use
Robert Stiegele
RM
I
RS
RS
RS
RZ 03-031 & PUD
This pattern indicates
subject parcel
03-O2O
Map prepared December 29, 2003