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HomeMy WebLinkAbout02-142JOANNE ~OLMAN~ CLERK OF THE CIRCUIT COURT - SAINT LUCIE File Number: 20?5444 OR BOOK 1563 PAGE 1107 Recorded:08/06/02 13:18 COUNTY 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 4O 41 42 43 44 45 46 47 RESOLUTION 02-142 A RESOLUTION GRANTING PARTIAL FINAL PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS WESTCHESTER A PLANNED MIXED USE DEVELOPMENT AND FOR A CHANGE IN ZONING TO - PLANNED MIXED USE DEVELOPMENT - WESTCHESTER, FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the []oard 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 Westchester Development Company presented a petition, for a change in zoning from AG-1 (Agriculture - 1 dwelling unit/acre) to PMUD (Planned Mixed Use Development) for certain property in St. Lucie County, Florida. o On February 15, 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 AG-1 (Agricultural - 1 du/acre) Zoning District to the PMUD (Planned Mixed Use Development - Westchester) Zoning District be granted. On July 2, 2002, 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 property described below. SITE PLAN Westchester is proposing to construct a 200 unit residential project with 14.1 acres of commercial area, 56.3 acres for civic uses, 2.1 acres for religious use, 78.19 acres of open space in the northwest quadrant of the 1-95 and Gatlin Boulevard intersection, on the property described in Part [] below. °. On February 15, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published in the Port St. Lucie News and the Ft. Pierce Tribune and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to this Board that Preliminary Development Plan approval for the project known as Westchester - a Planned Mixed Use Development, be granted. On March 6, 2001, ti~is Board held a public hearing on the petition, after publishing a notice of such hearing in the Port St. Lucie News and the Ft. Pierce Tribune and notifying by mail all owners of property within 500 feet of the subject property and through Resolution 01 ~011, granted approval to the Preliminary Development Plan for the project known as File No.: PUD-02-003 July 2, 2002 Resolution 02-142 Page 1 OR BOOK 1563 PAGE 1108 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 o .. 10. 11. 12. Westchester - a Planned Mixed Use Development. The Development Review Committee has reviewed the Final Planned Mixed Use Development Site Plan for a portion of 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 x of this Resolution. The proposed Partial Final Planned Mixed Use Development Site Plan 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 Partial Final Planned Mixed Use Development Site Plan 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 vicinitythrough building design, site design, landscaping, and screening. The proposed Partial Final Planned Mixed Use Development Site Plan 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 Partial Final Planned Mixed Use Development Site Plan project will be served by adequate public facilities and services. The applicant has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Partial Final Planned Mixed Use Development Site Plan for the project to be known as Westchester - A Planned Mixed Use Development be, and the same is hereby approved as shown on the site plan drawings for the project prepared by Canin & Associates, dated May 2002, stamped received by the St. Lucie County Community Development Director on May 29, 2002, for the property described below, subject to the following conditions: 1.) No building permits for any residential units in areas included within the legal descriptions found in Part C of this Resolution shall be permitted until such time as the petitioner, its successor or assigns, has obtained a Major Adjustment approval to this Final Planned Unit Development authorization, which approval would provide for the typical footprints, floor plan, elevations and general design elements to be applied to all vertical construction within this area consistent with the provisions of Section 11.02.10(B)(6) of the St. Lucie County Land Development Code.. File No.: PUD-02-003 July 2, 2002 Resolution 02-142 Page 2 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 54 OR BOOK 1565 PAGE 1109 2.) 3.) As part of the vertical element reviews, the petitioners shall provide for enhanced landscaping screening along the north side of the proposed grocery store site in order to buffer the rear of this area from the adjoining commercial/residential uses to the north of this building. This buffer shall at a minimum include the construction of an eight (8) foot high, articulated, masonry wall, which shall be landscaped on both sides and which shall include on the building itself design elements that make the rear of this building looks like something other than the rear of a large grocery store. All terms and conditions of Resolution 01-011 shall remain in full force and effect unless otherwise amended by the Board of County Commissioners. B. The property on which Preliminary Planned Mixed Unit Development Site Plan approval was granted on through Resolution 01-011 is described as follows: Being a parcel of land located in Sections 9, and 10, Township 37 South, Range 39 East, St. Lu¢ie County, Florida. Said parcel being more particularly described as follows: Begin at the intersection of the centerline of Gatlin Boulevard, (also being the North line of Section 15) and the Westerly limits of Gatlin Boulevard Right-of-Way and the Westerly limits of those lands described in an Order of Taking, dated July 24, 1979 and recorded in Official Record Book 311 at Pages 2946 through, 2952, inclusive, Public Records of St. Lucie County, Florida, and as shown on the Florida Department of Transportation Right-of-Way maps for State Road #9 (I-95), Section 94001-2412, dated 6/2./77, with last revision of 9/11/79; thence S 89°57'05'' W, along said centerline a distance of 2815.40 feet; thence N 00014'09'' E, a distance of 2059.65 feet to the beginning of a tangent curve concave to the Southwest, having a radius of 3000.00 feet; thence along the arc of said curve through a central angle of 36043'47'', a distance of 1399.56 feet; thence N 63030'22.' E, a distance of 100.00 feet; thence N 63°43'13" E, a distance of 196.38 feet to the beginning of a curve concave to the South, having a radius of 525.00 feet; the chord of which bears N 78027'42,' E; thence along the arc of said curve through a central angle of 29026'59'', a distance of 269.89 feet; thence 86°48'48"E, a distance of 62.97 feet to the beginning of a curve concave to the Northwest, having a radius of 275.34 feet; the chord of which bears N 47034'02.' E; thence along the arc of said curve through a central angle of 91°11'51", a distance of 438.26 feet to a point of reverse curvature with a curve concave to the East, having a radius of 527.97 feet; the chord of which bears N 20o16'30'' E; thence along the arc of said curve through a central angle of 40°10'52'', a distance of 370.26 feet to a point of reverse curvature with a curve concave to the Northwest, having a radius of 1956.76 feet; the chord of which bears N 26°56'51" E; thence along the arc of said curve through a central angle of 26°57'03", a distance of 920.42 feet to a point of reverse curvature with a curve concave to the Southeast, having a radius of 525.00 feet; the chord of which bears N 28°02'14'' E; thence along the arc of said curve through a central angle of 21°09'50", a distance of 193.92 feet to the beginning of a non-tangent curve concave to the Northeast, having a radius of 1550.00 feet; the chord of which bears S 49°07'13'' E; thence along the arc of said curve through a central angle of 17o59'05'', a distance of 486.53 feet; thence S 58006'45'' E, a distance of 389.95 feet to the beginning of a curve concave to the Southwest, having a radius of 450.00 feet; the chord of which bears S 29000'27'. E; thence along the arc of said curve through a central angle of 58°12'36", a distance of 457.18 feet to a point of reverse curvature with a curve concave to the East, having a radius of 1050.00 feet; the chord of which bears S 09004'45'. E; thence along the arc of said curve through a central angle of 18°21'13", a distance of 336.35 feet; thence S 18°15'21'' E, a distance of 855.11 feet to the beginning of a non-tangent curve concave to the Southeast, having a radius of 100.00 feet; the chord of which bears S 31o48'09.. W; thence along the arc of said curve through a central angle of 32°43'41'', a distance of 57.12 feet; thence N 90000'00'' W, a distance of 696.16 feet; thence S File No.: PUD-02-003 July 2, 2002 Resolution 02-142 Page 3 OR BOOK 15~ PABE 1110 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 54 55 00°00'00'' W, a distance of 320.00 feet; thence S 90°00'00" E, a distance of 25.00 feet; thence S 00°00'00" W, a distance of 290.00 feet; thence N 90o00'00'' W, a distance of 25.00 feet; thence S 00°00'00'' W, a distance of 270.00 feet; thence S 90o00'00'' E, a distance of 25.00 feet; thence S 00°00'00'' W, a distance of 290.00 feet; thence N 90000'00'' W, a distance of 15.00 feet; thence S 00°00'00" E, a distance of 275.00 feet; thence S 90o00'00'' E, a distance of 945.64 feet; thence S 13°02'47'' E, a distance of 115.63 feet to the beginning of a tangent curve concave to the West, having a radius of 810.00 feet; the chord of which beam S 07°47'10" W; thence along the am of said curve through a central angle of 41o39'54'', a distance of 589.03 feet to the beginning of a non- tangent curve concave to the Northwest, having a radius of 100.00 feet; the chord of which beam S 28°21'25" W; thence along the arc of said curve through a central angle of 131°05'52", a distance of 228.81 feet; thence S 33o05'26'' W, a distance of 397.79 feet to the beginning of a curve concave to the Southeast, having a radius of 500.00 feet; the chord of which bears S 16°32'43'' W; thence along the arc of said curve through a central angle of 33°05'26",a distance of 288.77 feet; thence S 00°00'00" W, a distance of 87.07; Thence N 89057'05" E. a distance of 588.36 feet; thence S 00o02'55'' E, a distance of 100.00 feet to the Point of Beginning. Containing 223.40 acres, more or less C. The property on which this Partial Final Planned Mixed Use Development Site Plan approval is granted is described as follows: Legal Description: Westchester Phase-1 PMUD A Portion of Sections 9 and 10; Township 37 South, Range 39 East, St. Lucie County, Florida, Being More Particularly Described as Follows: Commence at the Intersection of the Centerline of Gatlin Boulevard (Also Being the North Line of Section 15) and the Westerly Limits of Gatlin Boulevard Right-of-way and the Westerly Limits of Those Lands Described in an Order of Taking Dated July 4, 1979 and Recorded in Official Records Book 311, Pages 2946 Through 2952, Inclusive Public Records of Said St. Lucie County and as Shown on the Florida Department of Transportation Right-of-way Maps for State Road No. 9 (I-95), Section 94001 - 2412, Dated 06/02/77, with Last Revision of 09/11/79 (The above Described Westerly Limits of Gatlin Boulevard Bear South 00o01'45'' West and All Bearings Are Relative Thereto). Thence South 89o57'05'' West along Said North Line of Section 15, a Distance of 594.66 Feet for the Point of Beginning; Thence Continue South 89o57'05'' West, a Distance of 2,220.91 Feet; Thence North 00014'07'' East, a Distance of 1,293.03 Feet; Thence South 89°45'53" East, a Distance of 60.00 Feet; Thence North 00o14'07'' East, a Distance of 214.96 Feet; Thence North 89°45'53" West, a Distance of 10.00 Feet; Thence North 00014'07" East, a Distance of 551.72 Feet, to a Point of Non-tangent Intersection with a Circular Curve, Concave to the West, Having a Radius of 3,050.00 Feet and a Central Angle of 19°51 '54"; Thence to the North, along the Arc of Said Curve, a Distance of 1,057.46 Feet (Said Arc Subtended by a Chord Bearing North 09°41'52" West, a Distance of 1,052.17 Feet), to a Point of Intersection with a Non-tangent Line; Thence North 24o52'39'' East, a Distance of 28.43 Feet; Thence North 69°31'29" East, a Distance of 204.85 Feet, to the Point of Curvature of a Circular Curve, Concave to the South, Having a Radius of 250.00 Feet and a Central Angle of 20°28'31"; Thence to the East, along the Arc of Said Curve, a Distance of 89.34 Feet, (Said Arc Subtended by a Chord Bearing North 79o45'45" East, a Distance of 88.87 Feet), to a Point of Tangency; Thence North 90o00'00'' East, a Distance of 125.44 Feet; Thence North 00°00'00" East, a Distance of 50.00 Feet; Thence South 90000'00'' East, a Distance of 1,009.02 Feet; Thence South 00°00'00" East, a Distance of 347.37 Feet, to a Point of Non-tangent Intersection with a Circular Curve, Concave to the West, Having a Radius of 1,925.17 Feet and a Central Angle of 38°18'32"; Thence to the South, along the Arc of Said Curve, a Distance of 1,287.20 Feet (Said Arc Subtended by a Chord Bearing South 00o17'53'' East, a Distance of 1,263.35 Feet), to a Point of Non-tangent Intersection with a Circular Curve, Concave to the Northeast, Having a Radius of 4.00 Feet and a Central Angle of 108°51'23"; Thence to the Southeast, along the Arc of Said Curve, a File No.: PUD-02-003 July 2, 2002 Resolution 02-142 Page 4 OR BOOK 1563 PAGE 1111 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 Distance of 7.60 Feet (Said Arc Subtended by a Chord Bearing South 35°34'19" East, a Distance of 6.51 Feet), to a Point of Tangency; Thence South 90000'00.' East, a Distance of 1,347.65 Feet; Thence South 13002'47.' East, a Distance of 121.33 Feet, to the Point of Curvature of a Circular Curve, Concave to the West, Having a Radius of 810.00 Feet and a Central Angle of 41°39'54"; Thence to the South, along the Arc of Said Curve, a Distance of 589.03 Feet, to a Point of Non- tangent Intersection with a Circular Curve, Concave to the Northwest, Having a Radius of 100.33 Feet and a Central Angle of 131°05'52"; Thence to the Southwest, along the Arc of Said Curve, a Distance of 229.56 Feet (Said Arc Subtended by a Chord Bearing South 28o55'55'' West, a Distance of 182.66 Feet), to a Point of Intersection with a Non-tangent Line; Thence South 34o53'43'. West, a Distance of 324.06 Feet, to a Point of Non-tangent Intersection with a Circular Curve, Concave to the East, Having a Radius of 700.42 Feet and a Central Angle of 33°07'47"; Thence to the South, along the Arc of Said Curve, a Distance of 405.00 Feet (Said Arc Subtended by a Chord Bearing South 17°26'52'. West, a Distance of 399.38 Feet), to a Point of Intersection with a Non-tangent Line; Thence South 00°01'34" East, a Distance of 146.31 Feet to the Point of Beginning. Containing 143.453 Acres or 6,248,831 Square Feet More or Less. D. This Partial Final Planned mixed Use Development Site Plan approval shall expire on July 2, 2004, unless final plat approval is granted or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. E. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on July 2, 2002. F. 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. CHANGE IN ZONING G. The proposed change in the Zoning District Classification for that property described as follows: Legal Description: Westchester Phase-1 PMUD A Portion of Sections 9 and 10, Township 37 South, Range 39 East, St. Lucie County, Florida, Being More Particularly Described as Follows: Commence at the Intersection of the Centerline of Gatlin Boulevard (Also Being the North Line of Section 15) and the Westerly Limits of Gatlin Boulevard Right-of-way and the Westerly Limits of Those Lands Described in an Order of Taking Dated July 4, 1979 and Recorded in Official Records Book 311, Pages 2946 Through 2952, Inclusive Public Records of Said St. Lucie County and as Shown on the Florida Department of Transportation Right-of-way Maps for State Road No. 9 (I-95), Section 94001 - 2412, Dated 06/02/77, with Last Revision of 09/11/79 (The above Described Westerly Limits of Gatlin Boulevard Bear South 00001'45.. West and All Bearings Are Relative Thereto). Thence South 89057'05'' West along Said North Line of Section 15, a Distance of 594.66 Feet for the Point of Beginning; Thence Continue South 89057'05.. West, a Distance of 2,220.91 Feet; Thence North 00014'07" East, a Distance of 1,293.03 Feet; Thence South 89°45'53" East, a Distance of 60.00 Feet; Thence North 00014'07'. East, a Distance of 214.96 Feet; Thence North File No.: PUD-02-003 July 2, 2002 Resolution 02-142 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 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 5O 51 OR BOOK 1563 PAGE 1112 89o45'53.' West, a Distance of 10.00 Feet; Thence North 00°14'07" East, a Distance of 551.72 Feet, to a Point of Non-tangent Intersection with a Circular Curve, Concave to the West, Having a Radius of 3,050.00 Feet and a Central Angle of 19°51'54"; Thence to the North, along the Arc of Said Curve, a Distance of 1,057.46 Feet (Said Arc Subtended by a Chord Bearing North 09o41'52`. West, a Distance of 1,052.17 Feet), to a Point of Intersection with a Non-tangent Line; Thence North 24o52'39'. East, a Distance of 28.43 Feet; Thence North 69°31'29" East, a Distance of 204.85 Feet, to the Point of Curvature of a Circular Curve, Concave to the South, Having a Radius of 250.00 Feet and a Central Angle of 20°28'31"; Thence to the East, along the Arc of Said Curve, a Distance of 89.34 Feet, (Said Arc Subtended by a Chord Bearing North 79o45'45'. East, a Distance of 88.87 Feet), to a Point of Tangency; Thence North 90000'00'' East, a Distance of 125.44 Feet; Thence North 00°00'00'' East, a Distance of 50.00 Feet; Thence South 90o00'00'' East, a Distance of 1,009.02 Feet; Thence South 00°00'00" East, a Distance of 347.37 Feet, to a Point of Non-tangent Intersection with a Circular Curve, Concave to the West, Having a Radius of 1,925.17 Feet and a Central Angle of 38°18'32"; Thence to the South, along the Arc of Said Curve, a Distance of 1,287.20 Feet (Said Arc Subtended by a Chord Bearing South 00°17'53" East, a Distance of 1,263.35 Feet), to a Point of Non-tangent Intersection with a Circular Curve, Concave to the Northeast, Having a Radius of 4.00 Feet and a Central Angle of 108°51'23"; Thence to the Southeast, along the Arc of Said Curve, a Distance of 7.60 Feet (Said Arc Subtended by a Chord Bearing South 35°34'19" East, a Distance of 6.51 Feet), to a Point of Tangency; Thence South 90o00'00'' East, a Distance of 1,347.65 Feet; Thence South 13o02'47`. East, a Distance of 121.33 Feet, to the Point of Curvature of a Circular Curve, Concave to the West, Having a Radius of 810.00 Feet and a Central Angle of 41°39'54"; Thence to the South, along the Arc of Said Curve, a Distance of 589.03 Feet, to a Point of Non- tangent Intersection with a Circular Curve, Concave to the Northwest, Having a Radius of 100.33 Feet and a Central Angle of 131°05'52"; Thence to the Southwest, along the Arc of Said Curve, a Distance of 229.56 Feet (Said Arc Subtended by a Chord Bearing South 28o55'55.' West, a Distance of 182.66 Feet), to a Point of Intersection with a Non-tangent Line; Thence South 34053'43.. West, a Distance of 324.06 Feet, to a Point of Non-tangent Intersection with a Circular Curve, Concave to the East, Having a Radius of 700.42 Feet and a Central Angle of 33°07'47"; Thence to the South, along the Arc of Said Curve, a Distance of 405.00 Feet (Said Arc Subtended by a Chord Bearing South 17026'52.. West, a Distance of 399.38 Feet), to a Point of Intersection with a Non-tangent Line; Thence South 00°01'34" East, a Distance of 146.31 Feet to the Point of Beginning. Containing 143.453 Acres or 6,248,831 Square Feet More or Less. owned by Westchester Development Corporation, is hereby changed from the AG-1 (Agricultural - 1 du/acre) Zoning District to the PMUD (Planned Mixed Use Development - Westchester) Zoning District. H. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change 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. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward AYE Vice-Chairman Cliff Barnes AYE Commissioner Frannie Hutchinson AYE File No.: PUD-02-003 July 2, 2002 Resolution 02-142 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 OR BOOK 1563 PAGE 1115 Commissioner Paula A. Lewis Commissioner John D. Bruhn AYE AYE PASSED AND DULY ADOPTED this 2ND Day of JULY 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY APPROVED AS COR~~/NESS:~ County DJM 02-142(h) File No.: PUD-02-003 July 2, 2002 Resolution 02-142 Page 7 OR BOOK 1565 PAGE 1114 St Lucie County Certificate of Capacity Date 7/26/2002 Certificate No. 914 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 Number of units 185 WESTCHESTER PMUD - PHASE ! Number of square feet N/A 2. Property legal description && Tax ID no. SEE PROJECT FILE 3. Approval: FINAL SITE PLAN Resolution No. 02-142 Letter 07-26-02 4. Subject to the following conditions for concurrency: SEE RESOLUTION 02-142 5. Owner's WESTCHESTER DEVELOPMENT CORP 1850 FOUNTAINVIEW BLVD, STE 201 PORT ST LUCIE FL 34986 6. Certificate Expiration 7/2/2004 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 subsequ~t~velopment order(s) issued for the same property, use and size as describ~ltHaereh~ Signed i~1-~ Date: 7/29/2002 Comrflffnity Development St Lucie County, Florida Monday, July 29, 2002 Page 1 of 1