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RESOLUTION NO. 12-120
File Number: PUD RZ 720124458
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL
ZONING ATLAS FROM AR-1 (AGRICULTURAL, RESIDENTIAL - 1) TO
PUD (PLANNED UNIT DEVELOPMENT), AND PRELIMINARY/FINAL
PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR
RIVERBEND PUD A 47 LOT SINGLE FAMILY RESIDENTIAL
SUBDIVISION ON 53.81 ACRES OF PROPERTY IN ST. LUCIE
COUNTY.
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
1. Stuart Property Holdings, LLC presented a petition for an Amendment to the
Official Zoning Atlas from the AR-1 (Agricultural, Residential -1) to the PUD
(Planned Unit Development) Zoning District, located north of Harbour Ridge
Boulevard, on the east side of Gilson Road for certain property in St. Lucie
County, Florida, as depicted on the attached map as Exhibit "A" and described
in Part "A" below.
2. On October 18, 2012, the St. Lucie County Planning and Zoning Commission
held a public hearing on the petition after publishing a notice of such hearing
in the St. Lucie News Tribune and notifying by mail all property owners within
500 feet of the property boundaries at least 10 days prior to the hearing, and
recommended the Board of County Commissioners approve the request for a
Change in Zoning from the AR-1 (Agricultural, Residential - 1) to the PUD
(Planned Unit Development) Zoning District, for the property depicted on the
attached map as Exhibit "A" and described in Part "A" below.
3. On October 23, 2012, this Board held a public hearing on this petition after
publishing a notice of such hearing in the St. Lucie News Tribune and
notifying by mail all property owners within 500 feet of the subject property at
least 10 days prior to the hearing.
4. 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.
October 23, 2012
Page 1
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
Resolution No. 12-120
File No.: PUD RZ 720124458
SAINT LUCIE COUNTY
FILE # 3767015 11/07/2012 at 12:06 PM
OR BOOK 3451 PAGE 1310 - 1321 Doc Type: RESO
RECORDING: $103.50
1 SITE PLAN
2
3 5. The Preliminary and Final PUD Site Plan presented concurrent with the
4 petition for change in zoning consists of 47 single family residential lots on
5 53.81 acres with common open space, a community park with pavilion and a
6 guard house.
7
8 6. On October 18, 2012, the St. Lucie County Planning and Zoning Commission
9 held a public hearing on the petition after publishing a notice of such hearing
10 in the St. Lucie News Tribune and notifying by mail all property owners within
11 500 feet of the subject property at least 10 days prior to the public hearing,
12 and recommended to the Board of County Commissioners that Preliminary
13 and Final Site Plan approval for the project to be known as Riverbend PUD.
14
15 7. On October 23, 2012 this Board held a public hearing on the petition after
16 publishing a notice of such hearing in the St. Lucie News Tribune and
17 notifying by mail all property owners within 500 feet of the subject property at
18 least 10 days prior to the public hearing.
19
20 8. The St. Lucie County Development Review Committee has reviewed the
21 Preliminary and Final Planned Unit Development Site Plan for the project and
22 found it to meet all technical requirements and to be consistent with the Future
23 Land Use Map of the St. Lucie County Comprehensive Plan, subject to the
24 conditions set forth in Part B of this Resolution.
25
26 9. The proposed project is consistent with the general purpose, goals,
27 objectives, and standards of the St. Lucie County Land Development Code,
28 the St. Lucie County Comprehensive Plan and the Code of Ordinances of St.
29 Lucie County.
30
31 10. The proposed project will not have an undue adverse effect on adjacent
32 property, the character of the neighborhood, traffic conditions, parking, utility
33 facilities or other matters affecting the public health, safety and general
34 welfare.
35
36 11.AI1 reasonable steps have been taken to minimize any adverse effect of the
37 proposed project on the immediate vicinity through building design, site
38 design, landscaping and screening.
39
40 12. The proposed project will be constructed, arranged and operated so as not to
41 interfere with the development and use of neighboring property, in accordance
42 with applicable district regulations.
43
44 13. The proposed project will be served by Port St. Lucie Utilities for potable water
45 and individual lots will provide on-site septic systems for waste.
October 23, 2012 Resolution No. 12-120
Page 2 File No.: PUD_RZ 720124458
1 WAIVER
2
3 14. Stuart Property Holdings, LLC has requested, as part of their proposed
4 site plan, a waiver from the Comprehensive Plan Policies 6.1.14.5 and
5 6.1.14.6 to allow for reduced minimum wetland buffer widths from the
6 required twenty-five feet to ten feet along a portion of Wetland 1 and
7 from the required fifty feet to fifteen feet along a portion of Wetland 3 to
8 allow for construction of an entrance road (as depicted on the attached
9 site plan).
10
11 15.After consideration of the testimony presented during the October 23
12 2012, public hearing, including staff comments and the standards of
13 review for granting a waiver as set out in Policy 6.1.14.2.d, St. Lucie
14 County Comprehensive Plan, the Board of County Commissioners has
15 made the following determination:
16
17 a. The requested waiver for a reduced minimum buffer width to ten
18 feet along a portion of Wetland 1 and fifteen feet along a portion of
19 Wetland 3 as depicted on the attached site plan meets the
20 standards of review as set forth in Policy 6.1.14.2.d of the St.
21 Lucie County Comprehensive Plan.
22
23 b. The waiver granted will not impair other property or improvements
24 in the neighborhood. All reasonable steps have been taken to
25 minimize any adverse effect of the proposed project on the
26 immediate vicinity through building design, site design,
27 landscaping, and screening.
28
29 c. The waiver granted is the minimum necessary to allow for
30 construction of the access roadway without impacting existing
31 other surface waters and reasonable use of the site.
32
33 d. The applicant has provided additional buffer area to compensate
34 for the reduced buffer widths, thereby meeting the general spirit
35 and intent of the St. Lucie County Land Development Code and
36 Comprehensive Plan.
37
38 16. After considering the evidence presented during the October 23, 2012
39 public hearing and staff comments, the Board of County Commissioners
40 has determined that no additional road right-of-way shall be required for
41 Gilson Road from the property described in Part A below.
42
43 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
44 St. Lucie County, Florida:
45
October 23, 2012 Resolution No. 12-120
Page 3 File No.: PUD_RZ 720124458
1 A. The property on which the Change in Zoning from AR-1 (Agricultural, Residential -1)
2 to the PUD (Planned Unit Development) Zoning District and Preliminary/Final PUD
3 Site Plan approval is being granted is described as follows:
4
5 Parcel1
6 Begin at a point on the West line of Government Lot Four (4), Section 25,
7 Township 37 South, Range 40 East, that is 888.52 feet North of the Southwest
8 corner of said Government Lot 4; thence run North 89° 29' East, on a line parallel
9 to the South line of said Government Lot 4, a distance of 1,578 feet, more or
10 less, to the waters of the St. Lucie River; thence run Northwesterly meandering
11 the waters, a distance of 800 feet, more or less, to the point of intersection with a
12 line that is 1,242 feet South of and parallel to the North line of Government Lot 4;
13 thence run South 89°29' West along said line that is 1,242 feet South of the
14 North line of Government Lot 4, a distance of 990.7 feet to the West line of said
15 Government Lot 4; thence run South 00°01' East along said West Line of
16 Government Lot 4, a distance of 552.6 feet to the Point of Beginning.
17 Parcel2
18 Begin at a point on the West line of Government Lot 4, Section 25, Township 37
19 South, Range 40 East, St. Lucie County, Florida, that is 888.52 feet North of the
20 Southwest corner of said Government Lot 4; thence run South 00°10'18" West
21 along said West line, a distance of 50.00 feet to a point in the North line of the
22 South 838.52 feet of said Government Lot 4; thence North 89°47'48" East along
23 said line, a distance of 50.00 feet; thence North 00°10'18" East along a line that
24 is 50.00 feet East of, and parallel with the West line of said Government Lot 4, a
25 distance of 50.00 feet to a point in the North line of the South 888.52 feel of said
26 Government Lot 4; thence South 89°47'48" West along said line, a distance of
27 50.00 feet to the Point of Beginning.
28 Parcel 3
29 A certain parcel in Government Lot 3, Section 25, Township 37 South, Range 40
30 East, St. Lucie County, Florida, being more particularly described as follows:
31 commencing at the Southeast corner of said Government Lot 3, Section 25,
32 Township 37 South, Range 40 East, run thence North 00°11'45" East, along the
33 East line of Government Lot 3, a distance of 838.54 feet to the Point of Beginning
34 of the hereinabove described parcel; thence continue North 00°11'45" East
35 along the East line of Government Lot 3, a distance of 603.03 feet to the South
36 line of the North 1242.00 feet of Government Lot 4, of Section 25, Township 37
October 23, 2012 Resolution No. 12-120
Page 4 File No.: PUD_RZ 720124458
1 South, Range 40 East, St, Lucie County, Florida; thence South 62°22'54" West, a
2 distance of 142.11 feet to a point in the proposed Easterly Right-of-Way line of
3 Gilson Road, said point being in the arc of a curve concave Westerly, having a
4 radius of 425.00 feet from which point the radius bears South 49°55'59" West;
5 thence Southerly along the arc of said curve subtending a central angle of
6 40°15'46", a distance of 298.65 feet to the end of said curve; thence South
7 00°11'45" West, continuing along said proposed East Right-of-way line, a
8 distance of 262.22 feet; thence North 89"46'54" East, a distance of 25.00 feet
9 more or less to the Point of Beginning.
10 Parcel4
11 Being a parcel of land lying in Government Lots 3 and 4, Section 25, Township
12 37 South, Range 40 East, St. Lucie County, Florida and being more particularly
13 described as follows:
14 Commence at the Southwest corner of said Government Lot 4; thence N
15 00°11'45" E, along the West line of said Government Lot 4, a distance of 888.52
16 feet; thence N 89°39'31" E, along a line parallel with the North line of said
17 Government Lot 4, a distance of 50 feet to the Northeast corner of those lands as
18 described in O.R. Book 196, page 2272, Public Records of St. Lucie County,
19 Florida and the POINT OF BEGINNING.
20 Thence continue N 89°39'31" E a distance of 1545 feet more or less to the mean
21 high water line of the St. Lucie River; thence meander said Mean High Water
22 line Southeasterly a distance of 463 feet more or less to the intersection with a
23 line 500.00 feet North of as measured at right angles and parallel with the South
24 line of said Government Lot 4; thence S 89°47'34" W, along lastly said line a
25 distance of 1931 feet more or less to the intersection of the proposed East
26 right-of-way line of Gilson Road, as relocated, said point of intersection being in
27 a curve concave to the Northeast having a radius of 435.00 feet the chord of
28 which bears N 09°33'50" W; thence Northwesterly, Northerly and Northeasterly
29 along the arc of said curve and said proposed East right-of-way line a distance of
30 148.19 feet through a central angle of 19°31'09"; thence continue along said
31 proposed East right-of-way line, N 00°11'45" E a distance of 184.69 feet; thence
32 S 89°48'15" E a distance of 75.00 feet to the intersection with the East line of
33 those said lands as described in O.R. Book 196, Page 2272; thence N
34 00°11'45" E along said East line a distance of 50.00 feet to the POINT OF
35 BEGINNING.
36 Parcel s
October 23, 2012 Resolution No. 12-120
Page 5 File No.: PUD_RZ 720124458
1 Being a parcel of land lying in Government Lot 4, Section 25, Township 37
2 South, Range 40 East, St. Lucie County, Florida, and being more particularly
3 described as follows:
4 Commence at the Southwest corner of said Government Lot 4; thence N
5 89°37'34" E, along the South line of Government Lot 4, a distance of 213.85 feet
6 to the proposed East right-of-way line of Gilson Road, as relocated; thence N
7 22°44'24" W, along said East right-of-way line a distance of 64.96 feet to the
8 North line of Turnabout Lane, as recorded in O.R. Book 221, Page 327, public
9 records of St Lucie County, Florida and the POINT OF BEGINNING of the
10 following described parcel:
11 Thence continue N 22°44'24" W, along said East right-of-way, a distance of
12 459.81 feet to the beginning of a curve concave to the Northeast having a radius
13 of 435.00 feet, the chord of which bears N 21°29'23" W; thence Northwesterly
14 along the arc of said curve a distance of 16.44 feet through a central angle
15 02°09'53" to the intersection with the North line of the South 500.00 feet of said
16 Government Lot 4; thence N 89°47'34" E, along said North line, a distance of
17 1939.70 feet more or less to the Mean High Water Line of the North Fork of the
18 St. Lucie River; thence meander said Mean High Water Line Southeasterly a
19 distance of 602 feet, more or less to the intersection with the South line of said
20 Government Lot 4; thence S 89°47'34" W a distance of 825 feet, more or less, to
21 the Southeast corner of Turnabout Lane; thence N 00°12'26" W a distance of
22 60.00 feet; thence S 89°47'34" W along said Turnabout Lane, a distance of
23 1241.65 feet to the POINT OF BEGINNING.
24 Parcel ID Numbers: 4425-313-0030-000-9, 4425-341-0001-000-2, and
25 4425-343-0002-000-5
26
27 B. Pursuant to Section 11.02.05(8) of the St. Lucie County Land Development Code,
28 the Planned Unit Development Preliminary and Final Site Plan for the project known
29 as Riverbend PUD is hereby approved as shown on the site plan drawings for the
30 project prepared by Lucido and Associates dated September 14, 2012, and date
31 stamped received by the St. Lucie County Planning & Development Services
32 Department on October 30, 2012, subject to the following conditions:
33
34 1. Prior to issuance of a Vegetation Removal Permit or Exemption, a gopher
35 tortoise survey per Florida Fish and Wildlife Conservation Commission protocol,
36 shall be provided to the Environmental Resources Department. Should the
37 survey show impacts to gopher tortoises a Florida Fish and Wildlife Conservation
38 Commission permit shall be required.
39
October 23, 2012 Resolution No. 12-120
Page 6 File No.: PUD_RZ 720124458
1 ~ 2. The County's issuance of development approval does not constitute compliance
2 with any federal and state requirements. Applicable, federal and state
3 permits/approvals are required prior to the commencement of any development
4 activity (i.e. clearing, grading, removing structures, etc.). The responsibility for
5 contacting federal and state agencies, procuring permits/approvals and
6 compliance with applicable laws are the sole responsibility of the applicant.
7
8 3. Per Florida Statute 125.022, the issuance of development approval does not
9 create any liability on the part of the county if the applicant fails to obtain requisite
10 approvals or fulfill the obligations imposed by a state or federal agency or
11 undertakes actions that result in a violation of state or federal law.
12
13 4. Copies of all applicable state or federal permits/written approvals are required by
14 the County prior to issuance of a Vegetation Removal Permit and any
15 development activity.
16
17 5. Within 90 days of site plan approval or prior to issuance of a Vegetation Removal
18 Permit or Exemption, whichever comes first, the applicant shall provide the
19 required executed St. Lucie County conservation easement and the
20 Environmental Resources Department-approved Preserve Area Monitoring and
21 Management Plan (PAMP) with an attached affidavit, and a cashier's check,
22 payable to the Clerk of the Court for the appropriate recording fees, to the County
23 Attorney for review and approval. A copy of the standard Conservation Easement
24 document can be obtained by visiting the St. Lucie County ERD website at:
25 http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf.
26
27 6. Prior to issuance of a Vegetation Removal Permit or Exemption for any portion of
28 the site, the developers, their successor or assigns, shall conduct a pre-
29 construction meeting with construction personnel addressing required tree
30 protection measures.
31
32 7. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
33 shall finalize an Improvement Agreement acceptable to Environmental
34 Resources Department covering the cost of all required landscaping, irrigation,
35 tree mitigation, tree relocation, and related improvements shown in the site plan.
36 A copy of this agreement can be obtained by visiting the SLC Environmental
37 Resources Department website at: http://www.stlucieco.org/Environmental
38 Resources Department/index.htm.
39
40 8. Pursuant to Chapter 11.04 of the St. Lucie County Land Development Code, the
41 applicant shall either construct or bond all required improvements prior to
42 recordation of the final plat. If the applicant chooses to bond the required
43 improvements, a Subdivision Improvement Agreement shall be required. The
44 final plat shall not be recorded until the County Administrator or designee
45 approves and signs the Subdivision Improvement Agreement.
Octobe r 23, 2012 Resolution No. 12-120
Page 7 File No.: PUD_RZ 720124458
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9. The applicant shall execute an agreement to pay afee-in-lieu of construction for
sidewalks adjacent to Gilson Road in the amount of $25,819.20 and remit to the
County the required funds within 60 days after receiving site plan approval. The
acceptable method of payment shall be a certified check payable to St. Lucie
County. The requirement for construction, or payment of a fee-in-lieu of
construction, of a sidewalk along Turnabout Lane is waived and the applicant
shall have no obligation for same.
10. Prior to the recording of the final plat, the County Surveyor shall verify that all
required survey markers have been placed in accordance with the requirements
of Chapter 177, FS, Part I and the St. Lucie County Land Development Code.
The applicant's surveyor shall notify the County Surveyor when all required
survey markers have been set and flagged.
11. Prior to the issuance of the first certificate of occupancy for a model home, the
temporary parking lot adjacent to Wheaton Lane shall be constructed with a
certificate of completion issued by the County's Building Department in
accordance with the approved site plan.
12. Prior to the issuance of the first certificate of occupancy for a single family
residence (not including model homes) the following list of amenities shall be
constructed with a certificate of occupancy or completion issued by the County's
Building Department in accordance with the approved site plan:
a. Guard house adjacent to Gilson Road.
b. Perimeter wall and fence adjacent to Gilson Road.
c. Monument sign adjacent to Gilson Road.
d. Community park improvements, including landscaping.
C. The approvals and authorizations granted by this Resolution for the purposes of
obtaining a building permit shall expire on October 23, 2014 unless an extension is
granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land
Development Code, or a Major Adjustment to the Final PUD Site Plan is granted.
D. Any modification to the approved PUD Preliminary and Final Site Plan legally
described in Part A shall be in accordance with Section 11.02.05, St. Lucie County
Land Development Code. Any adjustment that is considered a Major Adjustment
shall be granted only with approval by the Board of County Commissioners after a
public hearing.
E. All applicable state of federal permits including but not limited to the United States
Army Corps of Engineers, the Florida Department of Environmental Protection, Port
St. Lucie Utilities and the South Florida Water Management District, must be
obtained prior to the commencement of development activities on the property
described in Part A, and the Preliminary and Final Planned Unit Development Site
October 23, 2012 Resolution No. 12-120
Page 8 File No.: PUD RZ 720124458
1 Plan approvals granted under this Resolution do not create any right for the
2 petitioner, Stuart Property Holdings, Ltd., nor its successors or assigns in interest, to
3 obtain any applicable permits from any state of federal agencies.
4
5 F. The conditions set forth in Part B are an integral non-severable part of the site plan
6 approval granted by this Resolution. If any condition set forth in Part B is
7 determined to be invalid or unenforceable for any reason and the developer declines
8 to comply voluntarily with that condition, the site plan approval granted by this
9 resolution shall become null and void.
10
11 G. A Certificate of Capacity, a copy of which is attached hereto as Exhibit B and made
12 a part hereof the Resolution, was granted by the Planning & Development Services
13 Department Director on October 23, 2012.
14
15 H. The St. Lucie County Director of Planning & Development Services shall be
16 authorized to amend the Official Zoning Map to change the zoning of the parcels
17 herein described, from the AR-1 (Agricultural, Residential - 1) Zoning District to the
18 PUD (Planned Unit Development) Zoning District, and to make notation of the
19 reference to the date of adoption of this resolution.
20
21 I. A recorded copy of this Resolution shall be attached to the site plan drawings
22 described in Part B, which plan shall be placed on file with the St. Lucie County
23 Planning & Development Services Department Director.
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October 23, 2012 Resolution No. 12-120
Page 9 File No.: PUD_RZ 720124458
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J. ADOPTION
After motion and second, the vote on this resolution was as follows:
Chris Dzadovsky, Chairman AYE
Tod Mowery, Vice-Chairman AYE
Paula Lewis, Commissioner AYE
Chris Craft, Commissioner AYE
Frannie Hutchinson, Commissioner AYE
PASSED AND DULY ADOPTED this 23rd day of October, 2012.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
October 23, 2012
Page 10
BY
Ch rman
APPROVED AS TO FORM AND
CORRECTNESS:
Resolution No. 12-120
File No.: PUD_RZ 720124458
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EXHIBIT "A"
LOCATION MAP
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Riverbend /N ,
PUD-RZ-720124458 /,\
North Fork ~
y 1 St. Lucie River
~ ~, __- r---~
Subject
Property
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Becker Rd
8
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October 23, 2012
Page 11
Resolution No. 12-120
File No.: PUD RZ 720124458
u ii
~T
E
2300 Virginia Avenue
~"®"'~ Ft. Pierce, FL 34982
CERTIFICATE OF CAPACITY ~~72>-462-2822
4 -
,•
Date: •
Certificate No. ;
.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:
,.
,v
~~ u 1 ~ b
~ x;
:~. `4.~ ~
1. Type of development - - .
,. _- .,. ...r-. -
Number of units } -`= n Number of square feet ~''~~- ~~`:`
2. Property legal description 8~ Tax ID no.
-
3. Approval: Building Permit ~~ ,• Resolution No. ;- y._~ Letter •*
Owner's name
} ~.. _
Address
.. .~~~ ... ~ ~~ s -.
-. !~
6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the
Development Order. Section 5.08.04(B), St. Lucie County Land Development Code.
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 --h-L~ ~ S~rr~:~,~.~ Date: C~/2~/ZC~/Z-
St Lucie County, Florida
Date: ' `~lZ 3/Z v~~
~ J/L• ~~I'f~i~irn--Sjgne
concurrency Review by: _--~~
Page 1 of 1
4. Subject to the following conditions for concurrency: