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HomeMy WebLinkAbout17-128RESOLUTION 2017-128 PUD RZ 820165048 A RESOLUTION GRANTING PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL FOR THE RESIDENTIAL PROJECT KNOWN AS PUD-RAVINIA AND AMENDING THE PUD (PLANNED UNIT DEVELOPMENT - RAVINIA) ZONING DISTRICT TO PROVIDE FOR THE APPROVED FINAL DEVELOPMENT PLAN FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA 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 Ravinia Port St. Lucie, LLC presented a petition for an amendment to the PUD (Planned Unit Development - Ravinia) Zoning District to incorporate a Final Development Plan for the project known as Ravinia-PUD, for property located on the south side of West Midway Road, approximately one-quarter mile west of South 25th Street, for certain property in St. Lucie County, Florida as depicted on the attached maps as Exhibit "A" and described in Part "A" below. 2. On March 16, 2017, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition of Ravinia Port St. Lucie, LLC, for an amendment to the PUD (Planned Unit Development - Ravinia) Zoning District, 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, and recommended that the Board of County Commissioners deny Preliminary and Final Planned Unit Development Site Plan for the project to be known as Ravinia - PUD, for the property depicted on the Attached Maps as Exhibit "A" and described in Part "A" below. 3. On June 6, 2017, the St. Lucie County Board of County Commissioners held a public hearing on the petition of Ravinia Port St. Lucie, LLC for an amendment to the PUD (Planned Unit Development - Ravinia) Zoning District after publishing a public notice of such hearing in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing, and granted approval to the property described in Part "A" below. 4. The proposed amendment to the zoning district is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4373160 11/27/2017 09:06:58 AM OR BOOK 4067 PAGE 1162 - 1173 Doc Type: RESO RECORDING: $103.50 June 6, 2017 Resolution 2017-128 Page 1 PUD-RZ 820165048 SITE PLAN Ravinia Port St. Lucie, LLC presented a petition for Preliminary and Final Planned Unit Development Approval for a 150 -unit single family residential subdivision to be known as Ravinia - PUD. 2. The Development Review Committee has reviewed the proposed site plan for the project and found, with the proposed conditions, it meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the Land Development Code. 3. On March 16, 2017, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition of Ravinia Port St. Lucie, LLC, 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 and recommended denial of this petition. 4. On June 6, 2017, this Board approved, with conditions, the petition of Ravinia Port St. Lucie, LLC for Preliminary and Final Planned Unit Development Site Plan and amendment to the PUD Zoning District for the project known as Ravinia — PUD after holding held a public hearing and 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. The proposed project will be served by adequate public facilities and services. 10. The applicant has applied for and received a Certificate of Capacity, a copy of which is attached to this order as Exhibit B, as required under Chapter V, St. Lucie County Land Development Code. June 6, 2017 Resolution 2017-128 Page 2 PUD-RZ 820165048 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: AMENDMENT TO ZONING DISTRICT A. The proposed Amendment to the PUD (Planned Unit Development - Ravinia) Zoning District, owned by Ravinia Port St. Lucie, LLC, is hereby granted for the following described property: The land referred to herein below is situated in the County of St. Lucie, State of Florida, and is described as follows: Parcel 1: The East 312.5 feet of Lot 98 of Section 5, Township 36 South, Range 40 East, WHITE CITY SUBDIVISION, according to the Map or Plat thereof as recorded in Plat Book 1, Page(s) 23, Public Records of St. Lucie County, Florida, less and excepting the North 40 feet thereof, for Midway Road right-of-way. Less and except therefrom, the following described real property as conveyed to St. Lucie County, a political subdivision of the State of Florida, by Special Warranty Deed recorded August 28, 2012 in Official Records Book 3426, Page 704, more particularly described as follows: (Said property being a portion of the same lands described in Official Records Book 2152, Page 1950 of the Public Records of St. Lucie County, Florida.) Commence at a magnetic nail and brass washer stamped "GCY LB4108" in a concrete curb marking the Southeast corner of the Southeast % of Section 5, Township 36 South, Range 40 East; thence run North 00012'49" West along the East line of said Southeast 1/4 a distance of 2644.30 feet to a point on the centerline of Survey of Midway Road as shown on St. Lucie County Right of Way Map of Midway Road, County Job No.0618; thence departing said East line run South 89°51'33" West along said centerline of survey a distance of 1317.44 feet; thence continuing along said centerline of survey run North 89035'55" West a distance of 332.17 feet to a point on the Northerly extension of the East line of Lot 98 of White City as recorded in Plat Book 1, Page 23 of the Public Records of St. Lucie County, Florida, as shown on said Right of Way Map; thence departing said centerline of Survey run South 00009'42" East along said Northerly extension a distance of 40.00 feet to a point on the existing Southerly right of way line of Midway Road as shown on said Right of Way Map for a Point of Beginning; thence continue South 00009'42" East along the East line of said Lot 98 a distance of 55.00 feet; thence departing said East line run North 89035'55" West parallel with the aforesaid centerline of Survey a distance of 312.52 feet to a point on the West line of the East 312.50 feet of said Lot 98; thence run North 00009'42" West along said West line a distance of 55.00 feet to a point on the aforesaid existing Southerly Right of Way line of Midway Road; thence June 6, 2017 Resolution 2017-128 Page 3 PUD-RZ 820165048 departing said West line run South 89°35'55" East along said existing Southerly right of way line a distance of 312.52 feet to the Point of Beginning. Parcel 2: Lots 108, 109, 110, 1 1 1, 120 and 121 in Section 5, Township 36 South, Range 40 East, WHITE CITY SUBDIVISION, according to the Map or Plat thereof as recorded in Plat Book 1 , Page(s) 23, Public Records of St. Lucie County, Florida, excepting however, from the above described land the West 25 feet of Lots 108, 111 and 120 for Christensen Road right-of-way and right-of-wayfor N.S.L.R.D.D. Canal No. 103. Less and except therefrom, the following described real property as conveyed to St. Lucie County, a political subdivision of the State of Florida, by Statutory Warranty Deed recorded October 9, 2009 in Official Records Book 3135, Page 972, more particularly described as follows: Parcel 1:Water Retention Area: A portion of Lots 108 and 109 of WHITE CITY SUBDIVISION according to the Plat thereof as recorded in Plat Book 1, at Page 23 of the Public Records of St. Lucie County, Florida, also being a portion of that certain parcel of land described in Official Records Book 2152, at Page 1950 of the Public Records of St. Lucie County, Florida, lying in the Southeast 1/4 of Section 5, Township 36 South, Range 40 East, St. Lucie County, Florida, and being more particularly described as follows: Part "A": Commence at a found parker-kalon nail and disk stamped Culpepper Terpening PCP LB 4286- marking the Northeast corner of the Southeast 1/4. Section 5, Township 36 South, Range 40 East, as shown on St. Lucie County Right of Way Map for Midway Road, County Job No. 0618; thence run South 89056'08" West, along the North line of the said Southeast 1/4. of a distance of 2639.35 feet to the Northwest corner of said Southwest 9/4. and the Northwest corner of Lot 99 of White City Subdivision as recorded in Plat Book 1 , at Page 23 of the Public Records of St. Lucie County, Florida as shown on said Right of Way Map; thence run South 00007'50" East along the West line of said Southeast 1/4 and the West line of said Lot 99 a distance of 661.76 feet to the Northwest corner of Lot 108 of said White City Subdivision; thence departing said West line run North 89051'32" East along the North line of Lot 108 a distance of 25.00 feet to a point on the existing Easterly right of way line of Christensen Road as shown on the aforesaid Right of Way Map for a Point of Beginning; thence departing said existing right of way line continue North 89051'32" East along the North line of Lots 108 and 109 of said White City Subdivision a distance of 651.27 feet to a found 3 inch diameter concrete monument with disk stamped P.R.M.LB 7264; thence departing said North line run North 89°48'29" East a distance of 20.00 feet; thence run South 00011'31" East a distance of 62.04 feet to the point of curvature of a curve concave Northwesterly having a radius of 275.00 feet and a chord bearing of South 27046'40" West; thence run Southwesterly along the arc of said curve through a central June 6, 2017 Resolution 2017-128 Page 4 PUD-RZ 820165048 angle of 55056'22" a distance of 268.49 feet to the point of tangency; thence South 5544'51" West a distance of 106.62 feet; thence North 79015'09" West a distance of 35.36 feet; thence North 34015'09" West a distance of 144.03 feet to the point ofcurvature of a curve concave Southwesterly having a radius of 225.00 feet and a chord bearing of North 62011'48 West; thence run Northwesterly along the arc of said curve through a central angle of 55053'19" a distance of 219.47 feet to the point of tangency; thence South 89051'32" West a distance of 131.91 feet; thence North 45008'37" West a distance of 40.45 feet to a point on the aforesaid existing Easterly right of way line of Christensen Road as shown on the aforesaid Right of Way Map of Midway Road; thence run North 00007'50" West along said existing right of way line a distance of 96.40 feet to the Point of Beginning. AND ALSO Part "B": Commence at a found parker-kalon nail and disk stamped Culpepper Terpening PCP LB 4286- marking the Northeast corner of the Southeast 1/4 Section 5, Township 36 South, Range 40 East, as shown on St. Lucie County Right of Way Map for Midway Road, County Job No. 0618; thence run South 89°56'08" West, along the North line of the said Southeast 1/4 of a distance of 2639.35 feet to the Northwest corner of said Southwest 1/4 and the Northwest corner of Lot 99 of White City Subdivision as recorded in Plat Book 1, at Page 23 of the Public Records of St. Lucie County, Florida as shown on said Right of Way Map; thence run South 00007'50" East along the West line of said Southeast 1/4 and the West line of said Lot 99 a distance of 661.76 feet to the Northwest corner of Lot 108 of said White City Subdivision; thence departing said West line run North 89051'32" East along the North line of Lot 108 a distance of 25.00 feet to a point on the existing Easterly right of way line of Christensen Road as shown on the aforesaid Right of Way Map; thence departing said North line run South 0007'50" East along said existing Easterly right of way line a distance of 203.66 feet for a Point of Beginning; thence departing said existing Easterly right of way line, run North 44049'49" East a distance of 40.51 feet; thence North 89051'32" East a distance of 131.90 feet to the point of curvature of a curve concave Southwesterly having a radius of 175.00 feet and chord bearing of South 62011'48" East; thence run Southeasterly along the arc of said curve through a central angle of 55°53'19" a distance of 170.70 feet to the point of tangency; thence South 34015'09" East a distance of 144.03 feet; thence South 10°44'51" West a distance of 35.36 feet; thence South 55°44'51" West a distance of 85.91 feet to the point of curvature of a curve concave Southeasterly having a radius of 375.00 feet and chord bearing of South 44033'08" West; thence run Southwesterly along the arc of said curve through a central angle of 22°23'26" a distance of 146.55 feet to the end of said curve and a point on the existing Northerly right of way line of St. Lucie County Canal No. 103 as shown on the aforesaid Right of Way Map of Midway Road; thence departing said curve run North 59049'42" West along said existing Northerly right of way line a distance of 238.64 feet to a point on the aforesaid existing Easterly right of way line of Christensen Road; thence departing said existing right of way line of Canal No. 103 run North 00007'50" West along said existing easterly Right-of-way line, of Christensen Road a distance of 233.42 feet to the Point of Beginning. June 6, 2017 Resolution 2017-128 Page 5 PUD-RZ 820165048 Location: South side of West Midway Road, approximately one-half mile west of South 25th Street. Parcel ID No.: 3403-502-0166-0008 and 3403-502-0200-0009 SITE PLAN B. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Preliminary and Final Planned Unit Development Site Plan for the project to be known as Ravinia be, and the same is hereby, approved as shown on the development plan drawings for the project prepared by Julian Byran & Associates, P.A. dated July 22, 2016, subsequently revised through June 6, 2017, and date stamped received by the St. Lucie County Planning and Development Services on June 6, 2017, subject to the following conditions: 1. Per the Board of County Commissioners request, the plans were modified to provide 50 foot wide lots on a portion of Ashton Circle, reducing the overall number of lots from 150 to 148. 2. The Final Plat for the Ravinia PUD shall not be recorded until constructible engineering plans are approved, and all common improvements are either: a) built and accepted or approved by St. Lucie County; or b) appropriate security is provided to St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 3. No Development Permits shall be issued by the County until a complete set of sealed constructible final engineering plans, supporting calculations and survey data for all site work and offsite improvements are submitted to the County and approved by the Public Works Department. 4. Prior to the recording of any Final Plat approval for the project, the applicant (aka Developer), successors, or assigns shall provide certain improvements to roadways, including sidewalks, required to address this projects impacts on the County's roadway network. The following include, but are not limited to the improvements required to be provided: a) Should the Developer choose to bond all the improvements, a signed and sealed certified engineer's estimate of probable cost shall be submitted along with a fully executed Subdivision Improvement Agreement. The bond and or Letter of Credit shall include a 15% contingency for all public improvements. These improvements would include the required turn lane on West Midway Road. June 6, 2017 Resolution 2017-128 Page 6 PUD-RZ 820165048 b) After acceptance by the County of the constructed improvements the developer will be required to enter into a Maintenance Agreement and provide security in the amount of 15% of the cost of construction. The period of maintenance shall be for (1) one year and (30) thirty days. c) Prior to the issuance of a building permit for the construction of a single family home in this project; the applicant shall provide engineering plans for the required turn lane on West Midway Road. The engineering plans shall be submitted to the County Engineer for review and approval prior to the release of this condition. d) Prior to the issuance of the first Certificate of Occupancy for a home, the project access point to West Midway Road shall be completed and all construction within the Public Road right-of-way shall be approved by the County Engineer or designee. e) Prior to recording of the plat, the developer or his assigns, shall submit documentation from the St. Lucie County Fire District indication that they have satisfied the Fire District's requirements. 5. Prior to, or as part of, the final platting of the subject property, the developers shall be required to convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney 5 feet along its western property line for the future widening of Christensen Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 6. Prior to Final Plat or issuance of a building permit approval for this project, the developers, their successors and assigns, shall provide an enforceable utility service agreement with the Port St. Lucie Utility Systems Department to ensure the provision of water and sewer services. This agreement shall be in a form consistent with the Port St. Lucie Utility Systems Department's requirements regarding utility service extensions and service provisions. 7. Prior to the issuance of a Certificate of Occupancy for the first home, the developer of this project shall convey the Bus Shelter Easement along West Midway Road. Said easement shall be in a form and manner acceptable to the County Attorney. 8. Prior to the issuance of the first building permit, the applicant shall submit to the St. Lucie County Transit Manager a fee in lieu of construction payment of $15,750 for an all- weather transit shelter on the Bus Shelter Easement along West Midway Road. Said shelter shall be constructed on the easement upon the availability of transit service to the site. 9. Christensen Road access shall be limited to emergency access only. The roadway shall not be used as a construction entrance for the project. All construction vehicles shall utilize the main entrance point on West Midway Road. 10. Prior to the issuance of the first building permit, the applicant shall provide documentation from the School Board indicating the obligations under the 2005 June 6, 2017 Resolution 2017-128 Page 7 PUD-RZ 820165048 Agreement for Contribution towards School Land Acquisitions between Centerline Homes, Inc. and the School Board of St. Lucie County, as may be amended, have been met. 11. Prior to issuance of a Vegetation Removal Permit or Exemption, a gopher tortoise survey per Florida Fish and Wildlife Conservation Commission protocol, shall be provided to the Environmental Resources Department. 12. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide the required executed St. Lucie County conservation easement and the Environmental Resources Department -approved Preserve Area Monitoring and Management Plan (PAMMP) with an attached affidavits, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. A shapefile or CAD file of the proposed conservation easement boundaries shall also be provided to the Environmental Resources Department. A copy of the standard Conservation Easement document can be obtained by visiting the St. Lucie County Environmental Resources Department website at: http://www.stlucieco.gov/pdfs/Conservation Easement Form.pdf. 13. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide a copy of the Homeowners Association guidelines (Homeowners/Property Owners Association or Declaration of Covenants documents) for ERD review. The guidelines, at a minimum, should specify restrictions for encroachment into the open space, preserve, and lake management tracts, and lay out the rights and responsibilities for maintenance of the preserve areas. 14. Prior to the issuance of a Building Permit, all invasive exotic vegetation located within the property boundary shall be removed (Land Development Code Section 7.09.05). 15. Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their successor or assigns, shall conduct a pre -construction meeting with construction personnel and Environmental Resources Department staff, addressing vegetation protection measures. 16. Prior to the creation of any passive recreational uses within the upland preserve areas, ERD shall review a layout plan to ensure efforts have been made to minimize any impact to existing natural features. 17. The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 18. All other applicable state or federal permits must be obtained before commencement of the development. June 6, 2017 Resolution 2017-128 Page 8 PUD-RZ 820165048 GENERAL PROVISIONS C. The approvals and authorizations granted by this Resolution shall expire on June 6, 2019, unless the developer, owner or assigns has obtained a building permit for the site plan described in Part B or an extension has been granted in accordance with Section 11.02.06(B), St. Lucie County Land Development Code. D. The Certificate of Capacity, attached to this order, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. E. The developer is advised as part of this approval that the owner or any successor in interest shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance of this approval by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. F. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part B above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.03(8), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. G. The conditions set forth in Part B are an integral nonseverable part of the 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. H. The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. A copy of this Resolution shall be attached to the site plan drawings described in Section B, which plan shall be placed on file with the St. Lucie County Planning and Development Services Director. June 6, 2017 Resolution 2017-128 Page 9 PUD-RZ 820165048 J. This order shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows.- Chair ollows: Chair Chris Dzadovsky AYE Vice Chair Tod Mowery AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 6th day of June, 2017. ATTEST: DE UTY CLERK June 6, 2017 Page 10 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ARA APPROVED AS TO FORM AND SS: Resolution 2017-128 PUD-RZ 820165048 1 2 3 4 EXHIBIT "A" June 6, 2017 Page 11 Resolution 2017-128 PUD-RZ 820165048 St Lucie County Certificate of Capacity Date 6/6/2017 Certificate No. 2992 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 & Final Site Plan and PUD Zoning Number of units 148 Number of square feet 2. Property legal description & Tax ID no. 34035020166000/8 & 34035020200000/9 S. Side of W. Midway Road, 1/4 mi west of 25 Ravinia 3. Approval: Building Resolution No. 2017-128 Letter 4. Subject to the following conditions for concurrency: Outlined in Resolution 2017-128 Owner's name Ravinia PSL, LLC - Craig Perry Address 15481 SW 12th Street #309 Sunrise FL 33326 6. Certificate Expiration Date 6/6/2019 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 ordeF(s) issued for the same property, use and size as described herein. Signed Date: 11/16/2017 Planning and Development Services Director St Lucie County, Florida Thursday, November 16, 2017 Page 1 of 2