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HomeMy WebLinkAbout04-013 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 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 Page 1 1 2 3 4 5 7. 6 7 8 9 10 8. 11 12 13 14 9. 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 10. 11. 12. 13. 14. 15. 16. 17. 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 Page 2 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 52 53 54 55 56 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 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 51 52 53 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 Page 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 51 52 53 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 Page 5 ITl 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 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 Page 6 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 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 ITl F.LU. = RS (Residential Sub.ban) ZONING = AR - 1 (Undeveloped, Forrn~ Groves) / /..-.--:',','.'.',,",' ~,, i ~"x,:,:.:.:,:..:.:.:~:.:. ,:.:. /', 'C .~', '~','.' .', '.'. ::::::::::::::::::::::::::::: /// 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