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RESOLUTION 02-140
FILE NO.: RZ-02-007/PUD-02-002/MJSP-02-003
A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE
RM-5 (RESIDENTIAL, MULTIPLE-FAMILY - 5 DU/ACRE), IX
(INDUSTRIAL, EXTRACTION), AND CN (COMMERCIAL,
NEIGHBORHOOD) ZONING DISTRICTS TO THE PUD (PLANNED
UNIT DEVELOPMENT- PORTOFINO SHORES) ZONING DISTRICT
OF CERTAIN PROPERTY IN ST. LUClE 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
Glassman Development Corporation, presented a petition for a change in zoning from the
RM-5 (Residential, Multiple-Family - 5 du/acre), IX (Industrial, Extraction), and CN
(Commercial, Neighborhood) Zoning Districts to the PUD (Planned Unit Development-
Portofino Shores) Zoning District for certain property in St. Lucie County, Florida.
On May 16, 2002, 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 RM-5 (Residential, Multiple-Family - 5 du/acre), IX
(Industrial, Extraction), and CN (Commercial, Neighborhood) Zoning Districts to the PUD
(Planned Unit Development - Portofino Shores) Zoning District be granted.
On June 18, 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
subject property and granted final approval to the property described below.
SITE PLAN
The petitioner is proposing the construction of a project consisting of 519 single-family
units in Phase I and a one-acre commercial parcel in Phase II for property located on the
southwest corner of the intersection of the Turnpike Feeder Road and Spanish Lakes
Country Club Boulevard.
The Development Review Committee has reviewed the site plan for the proposed project
and found it to meet minimum technical requirements.
On May 16, 2002, 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-02-007/PUD-02-002/MJSP-02-003
June 18, 2002 )'~~ ._~, ~_~.
Resolution 02-140
Page 1
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10.
11.
12.
Preliminary Development' Plan approval for the project to be known as Portofino Shores -
PUD, be granted.
On June 18, 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
subject property, and granted Preliminary Development Site Plan approval for the property
described below.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
SITE PLAN
A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the
Preliminary and Final Site Plan for the project to be known as Portofino Shores - A Planned Unit
Development be, and the same is hereby approved as shown on the site plan drawings for the
project prepared by Kilday & Associates, Inc., dated April 15, 2002, and date stamped received by
the St. Lucie County Community Development Director on April 19, 2002, for the property
described below, subject to the following conditions:
Prior to the issuance of the first certificate of occupancy, including any use or
occupancy authorizations for sales or temporary use facilities, the project
entrance(s) on Kings Highway shall be constructed with right and left tums at
all project entrances.
By October 1, 2002, the petitioner, his successors or assigns, shall dedicate
to St. Lucie County, in a manner and form acceptable to St. Lucie County,
File No.: RZ-02-007/PUD-02-002/MJSP-02-003 Resolution 02-140
June 18, 2002 Page 2
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the east 15 feet of the petitioned property described in Part B be/ow for future
right-of-way needs associated with planned improvements to the Turnpike
Feeder Road.
Prior to the recording of any plats for Phase Five or beyond, the developers,
their successors and assigns shall conduct a signal warrant study to
determine if any additional entrance improvements are required at either of
the project entrances. If signalization is warranted, all cost to provide such
signalization shall be the responsibility of the developer, their successors and
assigns and all improvements shall be contracted for prior to the recording of
the plats for Phase Five or beyond as shown on the approved project site
plan referenced Under this Resolution.
No land clearing or site alteration permits shall be issued unt# the following
items have been addressed or provided for
a)
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.
b)
A complete mitigation plan consistent with the requirements of the St.
Lucie County Lane Development Code is approved by the Natural
Resources Division.
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 one-acre 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
standard. If the proposed commercial use at this location would otherwise
require a Conditional Use review, then a public hearing before the Planning
and Zoning Commission will also be required before the petition is forwarded
to the Board of County Commissioners for Final PUD review, No
development of this phase may proceed until at least 208 of the authorized
dwelling units of the project (40 percent) have been completed.
Driveway access to the commercial tract shall be from the Turnpike Feeder
Road/North Kings Highway only. No driveway access shall be permitted to
the entrance driveway serving Spanish Lakes Country Club Village unless
the restriction is specifically amended the Board of County Commissioners
following a major adjustment review to this Planned Unit Development
File No.: RZ-02-007/PUD-02-002/MJSP-02-003 Resolution 02-140
June 18, 2002 Page 3
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consistent with the public hearing notice requirements of the St. Lucie
County Development Code.
Prior to the recording of any plats for this project, the developers, their
successors and assigns shall ha ve entered into an enforceable utility service
agreement with St. Lucie County Utilities regarding the final provision of
water and sewer services to this site. This agreement shall be in a form
consistent with St. Lucie County regulations regarding utility service
extensions and service provision.
Irrigation system within this project shall be designed to accept reuse water
from St. Lucie County Utilities as the preferred method of irrigation.
B. The property on which this Preliminary and Final Planned Unit Development Site Plan
approval is granted is described as follows:
BEING ALL THAT PART OF THE EAST ONE-HALF OF SECTION 12, TOWNSHIP 34 SOUTH,
RANGE 39 EAST, ST. LUClE COUNTY, FLORIDA, LYING NORTH OF THE TURNPIKE FEEDER
ROAD, AND ALL THAT PART OF THE WEST ONE-QUARTER OF SECTION 7, TOWNSHIP 34
SOUTH, RANGE 40 EAST, LYING NORTH OF SAID TURNPIKE FEEDER ROAD;
LESS AND EXCEPTING THEREFROM A PARCEL OF APPROXIMATELY 2.9 ACRES DESCRIBED
AS: A PART OF THE WEST 146.34 FEET OF THE SOUTHEAST ONE-QUARTER OF SECTION 12,
TOWNSHIP 34 SOUTH, RANGE 39 EAST, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH-SOUTH ONE-QUARTER SECTION LINE
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY FEEDER
ROAD, WHICH POINT IS 86.61 FEET SOUTH OF THE NORTHEAST CORNER OF THE
SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 12,
TOWNSHIP 39 SOUTH, RANGE 34 EAST; THENCE NORTHEASTERLY ALONG THE NORTHERLY
RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY FEEDER ROAD, A DISTANCE OF
205.62 FEET TO A POINT, WHICH POINT AT ITS CLOSEST DISTANCE IS 146.34 FEET FROM
THE NORTH-SOUTH ONE-QUARTER SECTION LINE OF SAID SECTION 12, TOWNSHIP 34
SOUTH, RANGE 39 EAST; THENCE NORTH, PARALLEL WITH THE SAID NORTH-SOUTH
ONE-QUARTER SECTION LINE, A DISTANCE OF 847.84 FEET; THENCE WEST 146.34 FEET TO
THE SAID NORTH-SOUTH ONE-QUARTER SECTION LINE; THENCE SOUTH ALONG SAID
ONE-QUARTER SECTION LINE, A DISTANCE OF 988.34 FEET, MORE OR LESS TO THE POINT
OF BEGINNING.
ALSO INCLUDING ANY AND ALL RIGHT, TITLE AND INTEREST IN A CERTAIN EASEMENT
DATED OCTOBER 27, 1970, FILED NOVEMBER 16, 1970 AT O.R. BOOK 188, PAGE 907,
CLERK'S FILE NO. 200989, ST. LUCIE COUNTY RECORDS; EASEMENT DATED NOVEMBER 16,
1970, AT O.R. BOOK 188, PAGE 908, CLERK'S FILE NO. 200990, ST. LUClE COUNTY REC&DS;
AND EASEMENT DATED OCTOBER 12, 1970, FILED NOVEMBER 16, 1970, AT 0.R. BOOK 188,
PAGE 896-897, CLERK'S FILE NO. 200987, ST. LUClE COUNTY RECORDS.
EXCEPTING THEREFROM: A PART OF THE SOUTHEAST ONE-QUARTER OF SECTION 12,
TOWNSHIP 34 SOUTH, RANGE 39 EAST, DESCRIBED AS FOLLOWS:
COMMENCING AT THE OF THE NORTH-SOUTH ONE-QUARTER SECTION LINE WITH THE
NORTHERLY RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY FEEDER ROUTE,
File No.: RZ-02-007/PUD-02-002/MJSP-02-003 Resolution 02-140
June 18, 2002 Page 4
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WHICH POINT IS 86.61 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST
ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 12, TOWNSHIP 39
SOUTH, RANGE 34 EAST; THENCE NORTHEASTERLY ALONG THE NORTHERLY
RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY FEEDER ROUTE A DISTANCE OF
205.62 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREBY DESCRIBED;
FROM SAID POINT OF BEGINNING RUN NORTHEASTERLY ALONG THE RIGHT-OF-WAY OF
SUNSHINE STATE PARKWAY FEEDER ROUTE, A DISTANCE OF 200.00 FEET; THENCE NORTH
PARALLEL WITH SAID NORTH-SOUTH ONE-QUARTER SECTION LINE TO A POINT THAT
WOULD BE INTERSECTED BY A LINE EXTENDED DUE EAST FROM A POINT ON SAID
NORTH-SOUTH ONE-QUARTER SECTION LINE THAT IS 901.72 FEET NORTH OF THE
SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SAID SECTION 12; THENCE WEST ALONG SAID LINE EXTENDED DUE
EAST TO A POINT THAT IS DUE NORTH OF THE POINT OF BEGINNING; THENCE SOUTH AND
PARALLEL WITH SAID ONE-QUARTER SECTION LINE, A DISTANCE OF 847.84 FEET, MORE OR
LESS TO THE POINT OF BEGINNING.
CONTAINING 185.91 ACRES, MORE OR LESS.
(Location:
Southwest intersection of the corner of the Turnpike Feeder Road and Spanish Lakes
Country Club Boulevard)
C. This Preliminary and Final Planned Unit Development Site Plan approval shall expire on
June 18, 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. The recording of one or more
of the final record plats for this Planned Unit Development by the above date of expiration, or any
extension thereto, shall serve to "vest" for the purpose of obtaining future building permits,
consistent with the approved Final Planned Unit Development site plan, the remaining unplatted
portions of this Planned Unit Development.
D. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the
Community Development Director on June 18, 2002.
E. 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
F. The proposed change in the Zoning District Classification for that property described as
follows:
BEING ALL THAT PART OF THE EAST ONE-HALF OF SECTION 12, TOWNSHIP 34 SOUTH,
RANGE 39 EAST, ST. LUClE COUNTY, FLORIDA, LYING NORTH OF THE TURNPIKE FEEDER
ROAD, AND ALL THAT PART OF THE WEST ONE-QUARTER OF SECTION 7, TOWNSHIP 34
SOUTH, RANGE 40 EAST, LYING NORTH OF SAID TURNPIKE FEEDER ROAD;
LESS AND EXCEPTING THEREFROM A PARCEL OF APPROXIMATELY 2.9 ACRES DESCRIBED
AS: A PART OF THE WEST 146.34 FEET OF THE SOUTHEAST ONE-QUARTER OF SECTION 12,
TOWNSHIP 34 SOUTH, RANGE 39 EAST, DESCRIBED AS FOLLOWS:
File No.: RZ-02-007/PUD-02-002/MJSP-02-003 Resolution 02-140
June 18, 2002 Page 5
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BEGINNING AT THE INTERSECTION OF THE NORTH-SOUTH ONE-QUARTER SECTION LINE
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY FEEDER
ROAD, WHICH POINT IS 86.61 FEET SOUTH OF THE NORTHEAST CORNER OF THE
SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 12,
TOWNSHIP 39 SOUTH, RANGE 34 EAST; THENCE NORTHEASTERLY ALONG THE NORTHERLY
RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY FEEDER ROAD, A DISTANCE OF
205.62 FEET TO A POINT, WHICH POINT AT ITS CLOSEST DISTANCE IS 146.34 FEET FROM
THE NORTH-SOUTH ONE-QUARTER SECTION LINE OF SAID SECTION 12, TOWNSHIP 34
SOUTH, RANGE 39 EAST; THENCE NORTH, PARALLEL WITH THE SAID NORTH-SOUTH
ONE-QUARTER SECTION LINE, A DISTANCE OF 847.84 FEET; THENCE WEST 146.34 FEET TO
THE SAID NORTH-SOUTH ONE-QUARTER SECTION LINE; THENCE SOUTH ALONG SAID
ONE-QUARTER SECTION LINE, A DISTANCE OF 988.34 FEET, MORE OR LESS TO THE POINT
OF BEGINNING.
ALSO INCLUDING ANY AND ALL RIGHT, TITLE AND INTEREST IN A CERTAIN EASEMENT
DATED OCTOBER 27, 1970, FILED NOVEMBER 16, 1970 AT O.R. BOOK 188, PAGE 907,
CLERK'S FILE NO. 200989, ST. LUClE COUNTY RECORDS; EASEMENT DATED NOVEMBER 16,
1970, AT O.R. BOOK 188, PAGE 908, CLERK'S FILE NO. 200990, ST. LUClE COUNTY REC&DS;
AND EASEMENT DATED OCTOBER 12, 1970, FILED NOVEMBER 16, 1970, AT 0.R. BOOK 188,
PAGE 896-897, CLERK'S FILE NO. 200987, ST. LUClE COUNTY RECORDS.
EXCEPTING THEREFROM: A PART OF THE SOUTHEAST ONE-QUARTER OF SECTION 12,
TOWNSHIP 34 SOUTH, RANGE 39 EAST, DESCRIBED AS FOLLOWS:
COMMENCING AT THE OF THE NORTH-SOUTH ONE-QUARTER SECTION LINE WITH THE
NORTHERLY RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY FEEDER ROUTE,
WHICH POINT IS 86.61 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST
ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 12, TOWNSHIP 39
SOUTH, RANGE 34 EAST; THENCE NORTHEASTERLY ALONG THE NORTHERLY
RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY FEEDER ROUTE A DISTANCE OF
205.62 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREBY DESCRIBED;
FROM SAID POINT OF BEGINNING RUN NORTHEASTERLY ALONG THE RIGHT-OF-WAY OF
SUNSHINE STATE PARKWAY FEEDER ROUTE, A DISTANCE OF 200.00 FEET; THENCE NORTH
PARALLEL WITH SAID NORTH-SOUTH ONE-QUARTER SECTION LINE TO A POINT THAT
WOULD BE INTERSECTED BY A LINE EXTENDED DUE EAST FROM A POINT ON SAID
NORTH-SOUTH ONE-QUARTER SECTION LINE THAT IS 901.72 FEET NORTH OF THE
SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SAID SECTION 12; THENCE WEST ALONG SAID LINE EXTENDED DUE
EAST TO A POINT THAT IS DUE NORTH OF THE POINT OF BEGINNING; THENCE SOUTH AND
PARALLEL WITH SAID ONE-QUARTER SECTION LINE, A DISTANCE OF 847.84 FEET, MORE OR
LESS TO THE POINT OF BEGINNING.
CONTAINING 185.91 ACRES, MORE OR LESS.
(Location:
Southwest intersection of the corner of the Turnpike Feeder Road and Spanish Lakes
Country Club Boulevard)
owned by Glassman Development Corporation, is hereby changed from the RM-5
(Residential, Multiple-Family - 5 du/acre), IX (Industrial, Extraction), and CN
(Commercial, Neighborhood) Zoning Districts to the PUD (Planned Unit
Development- Portofino Shores) Zoning District.
File No.: RZ-02-007/PUD-02-002/MJSP-02-003 Resolution 02-140
June 18, 2002 Page 6
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G. 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
Vice-Chairman Cliff Barnes
Commissioner Frannie Hutchinson
Commissioner Paula A. Lewis
Commissioner John D. Bruhn
AYE
ABSENT
AYE
AYE
AYE
PASSED AND DULY ADOPTED this 18th Day of June 2002.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
ATTEST:
DJM
02-140A(H)
APPROVED AS TO FORM AND
"~ORR~TNESS:
]~l County~,~~
File No.: RZ-02-007/PUD-02-002/MJSP-02-003 Resolution 02-140
June 18, 2002 Page 7
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EXHIBIT A
CERTIFICATE OF
CAPACITY
--..ID
File No.: RZ-02-007/PUD-02-002/MJSP-02-003 Resolution 02-140
June 18, 2002 Page 8
St Lucie County
Certificate of Capacity
Date 6/18/2002 Certificate No. 875
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 PEELI~^R¥ & F[N^L PUD
Number of units $19 Number of square feet 6000
2. Property legal description & Tax ID no.
1312-110-0001-000/6 & 1407-221-0002-000/5
SW CORNER OF TURNPIKE FEEDER RD & SPLCC BLVD
PORTOFINO SHORES
3. Approval: Building Resolution No. RES-02-140
4. Subject to the following conditions for concurrency:
Letter
Owner's name
GLASSMAN REALTY LTD
Address
1000 SOUTH FEDERAL HWY
BOYNTON BEAC FL 33435
6. Certificate Expiration Date
6/18/2004
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 subsequent
develop~rder(s) issued for the same property, use and size as described herein.
Signed %~~,~x~ Date: 7/9/2002
Cornrrfunity Development Director
St L. ucie County, Florida
Tuesday, July 09, 2002 Page 1 of I