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RESOLUTION 02-025
FILE NO: RZ-01-016
A RESOLUTION GRANTING PRELIMINARY PLANNED
DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO
BE KNOWN AS PALM BREEZES CLUB - PLANNED UNIT
DEVELOPMENT, 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 presented, including, but not limited to the staff report, has made the
following determinations:
CHANGE IN ZONING
Roger Medema, presented a petition for a change in zoning from the PUD (Planned Unit
Development - Palm Breezes Club) and AR-1 (Agricultural, Residential - 1 du/acre) Zoning
Districts to the PUD (Planned Unit Development - Palm Breezes Club) Zoning District for
certain property in St. Lucie County, Florida.
On November 25, 2001, the St. Lucie County Planning and Zoning Commission held a
public hearing, of which due notice was published and mailed to all property owners within
500 feet at least 10 days prior to the hearing, and recommended to this Board that the
requested change in zoning from the PUD (Planned Unit Development - Palm Breezes
Club) and AR-1 (Agricultural, Residential - 1 du/acre) Zoning Districts to the PUD (Planned
Unit Development - Palm Breezes Club) Zoning District be granted.
On December 4, 2000, this Board held a public hearing on the petition, after publishing a
notice of such hearing and notifying by mail all owners of property within 500 feet of the
subject property and granted final approval to the property described below. That meeting
was continued until December 18, 2001.
Final action on the request for change in zoning is to be withheld until application for Final
Planned Unit Development has been filed for review.
SITE PLAN
The petitioner is proposing the construction of a residential project consisting of 646 Units
in two residential phases and a 3.5 acre commercial parcel in Phase III for property located
on the north side of Orange Avenue, approximately 1,800 feet west of the Florida Turnpike.
The Development Review Committee has reviewed the site plan for the proposed project
and found it to meet minimum technical requirements.
On November 25, 2001, the St. Lucie County Planning and Zoning Commission held a
public hearing, of which due public notice was published and mailed to all property owners
within 500 feet at least 10 days prior to the hearing, and recommended to this Board that
File No.: RZ-01-016 '~?~ ,~-r'~ . ~.) ~ Resolution 02-025
January 15, 2002 , Page 1
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Preliminary Development Plan approval for the project to be known as Palm Breezes Club -
PUD, be granted.
On December 4, 2001, this Board held a public hearing on the petition, after publishing a
notice of such hearing and notifying by mail all owners of property within 500 feet of the
subject property and prior to the closing of this public hearing, continued any further review
of htis petition until December 18, 2001.
On December 18, 2001, this Board reconvened the public hearing on this petition and again
continued any further review on this matter until January 15, 2002.
On January 15, 2002, this Board reconvened the public headng on this matter and accepted
additional public comments and testimony.
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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the
Preliminary Site Plan for the project to be known as Palm Breezes Club - A Planned Unit
Development be, and the same is hereby approved as shown on the site plan drawings for
the project prepared by Culpepper & Terpening, Inc., dated May 30, 2001, and date
stamped received by the St. Lucie County Community Development Director on May 31,
2001, for the property described below, subject to the following conditions:
Prior to the issuance of any building permits for this project, except those
associated with any model or sales center, the developer of Palm Breezes
Club shall construct at the project entrance a westbound right turn lane from
Orange Avenue into the project entry road.
Prior to any final development plan approvals for any portions of the area
indicated as Phase II of the project, the developer shall:
File No.: RZ-01-016 Resolution 02-025
January 15, 2002 Page 2
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File No.: RZ-01-016
January 15, 2002
ao
Construct, to County standards and requirements, a dedicated,
southbound, left turn lane on North Rock Road at the intersection
with Orange Avenue; or,
Submit to the County, sufficient security, in an amount to be
determined by the County, to provide for the design, permitting, and
construction of the improvement specified in subparagraph a above.
The County may, att its election, use the security to construct the
referenced improvement or (ii) to construct improvements to orange
Avenue between the project entrance and Kings Highway as
provided in paragraph 5 below; and shall,
Submit to the County security, in the same manner and amount as
determined in accordance with subparagraph b above, for the
construction of a northbound left turn lane on Jenkins Road at
Orange Avenue, which security shall be expended by the County for
improvements to Orange Avenue between the project entrance and
Kings Highway as provided in paragraph 5 below.
No land clearing or site alteration permits shall be issued until the following
items have been addressed or provided for:
Final Planned Unit Development approval has been granted for the
area or phase of the project proposed for alteration.
Land clearing or site alteration permits shall only be issued for
primary infrastructure areas. General lot clearing is specifically
prohibited until a detailed lot line, tree survey, and grading plan is
provided. This plan must provide for the preservation and protection
of as much of the existing pine flatwood habitat as possible.
A complete mitigation plan consistent with the requirements of the
St. Lucie County Lane Development Code is provided.
Prior to the issuance of any building permits in the commercial portion of the
project, Final Planned Development Site Plan approval must be granted by
the Board of County Commissioners. The commercial area shall be limited
to a maximum size of 3.5 acres and restricted to the uses described within
the CN (Commercial, Neighborhood) Zoning District. Nothing in these
conditions shall be interpreted to relieve the developer, his successors or
assigns, from meeting any conditional use or other CN Zoning District
standards. No development of this phase may proceed until at the
improvements identified under condition number 5 have been completed.
Prior to the issuance of any building permit within the project, the developer
shall reach agreement with the County regarding improvements to Orange
Avenue between the project entrance and Kings Highway to improve safety
and roadway capacity.
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Such agreement shall include the identification of appropriate
improvements, the estimated cost of the identified improvements,
Resolution 02-025
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File No.: RZ-01-016
January 15, 2002
and the mechanism for funding identified improvements, including
the security to be provided by the developer as set forth in
subparagraphs 2.b and c above.
Financial participation by the developer in the identified
improvements shall be limited to the lessor of:
(1) The estimated cost of such improvements, or
(2)
The sum of (i) the security to e provided as set forth in
subparagraph 2.b and c above, and (ii) the total estimated
transportation impact fees upon single-family lots within the
project
The County agrees to cooperate with the developer in considering
whether to establish a municipal services benefit unit or community
development district or other form of special taxing or assessment
district acceptable to the County, for the project, if required, as a
mechanism to accomplish prepayment of transportation impact fees
through the issuance of special assessment bonds, and construction
of the identified improvements.
(1)
the total assessment for each benefitted parcel (single-family
lot), including all issuance expenses and a minimum two
years of capitalized interest payments, shall not exceed the
transportation impact fee imposed or to be imposed upon a
single-family dwelling on such lot.
(2)
the terms of such financing shall provide for payments of
interest only for a period of not less than 10 years, with the
principal amount plus applicable interest due at maturity,
provided, however, that bonds shall be paid prior to maturity
from prepayments made as lots are sold.
The County and the developer shall enter a transportation impact fee
credit agreement respecting the prepayment of such fees.
B. The property on which this Preliminary Planned Unit Development Site Plan
approval is granted is described as follows:
THE NORTH 1/2 OF THE NORTHEAST 114; THE NORTH 1/2 OF THE NORTHWEST 1/4
LYING EAST OF EASTERLY RIGHT-OF-WAY OF FLORIDA SUNSHINE STATE
PARKWAY AND THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, EXCEPT
THEREFROM THE FOLLOWING:
FROM THE SOUTHWEST CORNER OF THE SOUTHWEST 114 OF THE NORTHEAST 114
RUN NORTH ALONG THE WEST LINE OF SAID SOUTHWEST 114 OF THE NORTHEAST
1/4 42.50 FEET, MORE OR LESS, TO THE NORTH RIGHT-OF-WAY LINE OF NORTH ST.
LUClE RIVER DRAINAGE CANAL NO. 45 FOR POINT OF BEGINNING; THENCE
CONTINUE NORTH ALONG SAID WEST LINE A DISTANCE OF 465.00 FEET TO A
POINT; THENCE RUN EAST PARALLEL WITH THE SOUTH LINE OF SAID
Resolution 02-025
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Do
SOUTHWEST 1/4 OF THE NORTHEAST 114, 793.80 FEET; THENCE RUN SOUTH
PARALLEL WITH AFOREMENTIONED WEST LINE 465.00 FEET TO THE NORTH
RIGHT-OF-WAY LINE OF SAID CANAL NO. 45; THENCE RUN WEST ALONG SAID
NORTH RIGHT-OF-WAY LINE A DISTANCE OF 793.80 FEET TO THE POINT OF
BEGINNING. FURTHER EXCEPTING THE SOUTH 42.50 FEET OF THE SOUTHWEST
1/4 OF THE NORTHEAST 1/4, THE NORTH 41.00 FEET OF THE EAST 314 OF SAID
SECTION 10, THE NORTH 39.50 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 AND THE EAST 48.50 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SAID LANDS. ALL LYING IN SECTION 10, TOWNSHIP 35 SOUTH, RANGE 39 EAST,
ST. LUClE COUNTY, FLORIDA.
TOGETHER WITH:
ALL THAT CERTAIN LANDS LYING IN ST. LUClE COUNTY, FLORIDA; LOCATED IN
SECTION 10, TOWNSHIP 35 SOUTH, RANGE 39 EAST; SITUATED AND LYING
EASTERLY OF FLORIDA'S TURNPIKE(STATE ROAD 91) AS PER SUNSHINE STATE
PARKWAY RIGHT-OF-WAY MAP STATION 140+00 TO STATION 202+38.70, ST. LUClE
COUNTY, CONTRACT 7.1, SHEET 3 OF 5 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT A WOODEN HUB MARKING THE CENTER OF SAID SECTION 10,
THENCE NORTH 00°15'41" EAST ALONG THE EAST LINE OF THE NORTHWEST 114
OF SAID SECTION, A DISTANCE OF 1,333.21 FEET TO THE NORTHEAST CORNER OF
THE SOUTH 112 OF THE NORTHWEST 1/4 OF SECTION 10; THENCE NORTH 89°35'21"
WEST ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF
SECTION 10, A DISTANCE OF 311.05 FEET TO THE NORTHEAST CORNER OF THE
WEST 112 OF THE EAST 1/2 OF THE SOUTHEAST 114 OF THE NORTHWEST 114 OF
SECTION 10, FOR A POINT OF BEGINNING, THENCE CONTINUE NORTH 89°35'21"
WEST ALONG SAID NORTH LINE, A DISTANCE OF 954.07 FEET, TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE OF FLORIDA'S TURNPIKE (STATE ROAD 91),
THENCE SOUTH 14°33'00.. EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 1,238.80 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY NORTH
89°39'22" EAST, A DISTANCE OF 15.42 FEET; THENCE NORTH 00°15'17" EAST, A
DISTANCE OF 696.62 FEET; THENCE SOUTH 89°35'21" EAST, A DISTANCE OF 622.06
FEET TO A POINT ON THE EAST LINE OF THE WEST 112 OF THE EAST 1/2 OF THE
SOUTHEAST 1/4 OF THE NORTHWEST 114 OF SAID SECTION; THENCE NORTH
00°15'33" EAST, ALONG SAID EAST LINE A DISTANCE OF 500.00 FEET TO THE
POINT OF BEGINNING.
RESERVING ALL RIGHTS OF INGRESS, EGRESS, LIGHT, AIR, AND VIEW BETWEEN
THE ABOVE DESCRIBED PARCEL AND FLORIDA'S TURNPIKE(STATE ROAD 91)
SAID PARCEL CONTAINS 151.66 ACRES, MORE OR LESS.
(Location:
North side of Orange Avenue, approximately 1,800 feet east of the
Florida Turnpike)
This Preliminary Planned Unit Development Site Plan approval shall expire on January 15,
2004, unless final planned unit development approval is granted or an extension is granted
in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code.
A Concurrency Deferral Affidavit, a copy of which is attached to this resolution, was granted
by the Community Development Director on January 15, 2002.
File No.: RZ-01-016 Resolution 02-025
January 15, 2002 Page 5
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A copy of this resolution shall be attached to the site plan drawings described in Section A,
which plan shall be placed on file with the St. Lucie County Community Development
Director.
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After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward
Vice-Chairman Cliff Barnes
Commissioner Frannie Hutchinson
AYE
AYE
AYE
Commissioner Paula A. Lewis AYE
Commissioner John D. Bruhn AYE
PASSED AND DULY ADOPTED this 15th Day of January 2002.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, ~A
APPROVED AS TO FoRM AND
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CORRE(~TNESS:
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File No.: RZ-01-016 Resolution 02-025
January 15, 2002 Page 6