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HomeMy WebLinkAbout03-240JOANNE HOLHAN, CLERK OF THE CIRCUIT COURT - SAINT LUOIE OOUNTY File Number: 238562? OR BOOK 1944 PAGE 780 Recorded:04/16/04 14:39 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 3O 31 32 33 34 35 36 37 38 39 4O 41 RESOLUTION 03-240 FILE NO.: RZ-03-012/PUD-02-002/MJSP-02-003 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL, I DU/AC) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - EMERSON ESTATES) ZONING DISTRCT AND FOR FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR THE PROJECT TO BE KNOWN AS EMERSON ESTATES- PUD 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 250 Emerson Avenue, LLC, (Houston Cuozzo Group, Inc, Agent), presented a petition for a change in zoning from the AG-1 (Agricultural, I Du/Ac) and IX (Industrial Extraction) Zoning Districts to the PUD (Planned Unit Development - Emerson Estates) Zoning District for certain property in St. Lucie County, Florida. On July 17, 2003, 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 AG-1 (Agricultural, 1 Du/Ac) and IX (Industrial Extraction) Zoning Districts to the PUD (Planned Unit Development- Emerson Estates) zoning district, be approved. On November 25, 2003, 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 for the purpose of considering the requested change in zoning from AG-1 (Agricultural, 1 Du/Ac) and IX (Industrial Extraction) Zoning Districts to the PUD (Planned Unit Development- Emerson Estates) zoning district, to be located on the property described below, and continued the public hearing on this item until December 2, 2003. On December 2, 2003, the Board reconvened the public hearing and accepted additional public comment and testimony. File No.: RZ-03-012/PUD-02.002/MJSP-02-003 December 2, 2003 Resolution 03-240 Page 1 OR BOOK 1944 PAGE 781 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 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 6 10. 11. 12. 13. 14. SITE PLAN 250 Emerson Avenue, LLC, (Houston Cuozzo Group, Inc, A.qent), is proposing the construction of a 720-unit residential project consisting of 544 Single-Family Lots and 176 Multiple-Family Units for property located on the east side of Emerson Avenue, approximately 1,000 feet north of Indrio Road, which project is to be known as Emerson Estates - Planned Unit Development. The Development Review Committee has reviewed the Final Planned Unit Development site plan for the proposed project and found it to meet minimum technical requirements. On July 17, 2003, 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 Preliminary Development Plan approval for the project to be known as Emerson Estates - Planned Unit Development, be approved. On September 2, 2003, 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 Plan approval for the project to be known as Emerson Estates - Planned Unit Development, to be located on the property described below. On November 25, 2003, 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 for the purpose of considering the granting of Final Development Plan approval for the project to be known as Emerson Estates - Planned Unit Development, to be located on the property described below, and continued the Public hearing on this item until December 2, 2003. On December 2, 2003, the Board reconvened the public hearing and accepted additional public comment 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 Fiie No.: RZ-03-012/PUD-02-O02/MJSP-02-003 December 2, 2003 Resolution 03-240 Page 2 OR BOOK 1944 P66E ?82 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 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 15. 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: CHANGE IN ZONING Ac The proposed Change in Zoning District Classification from the AG-1 (Agricultural, 1 Du/Ac) and IX (Industrial Extraction) Zoning Districts to the PUD (Planned Unit development)- Emerson Estates Zoning District for that property depicted on the attached maps as Exhibit "B" and more particularly described as follows: PARCEL 1: THE NORTH 1/2 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 34 5OUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LES5 AND EXCEPT THE 50UTH 50 ACRE5 THEREOF, AND LES5 AND EXCEPT THE EAST 80 FEET AND THE WEST 95 FEET THEREOF FOR ROAD AND CANAL RIGHT5 OF WAY. TOGETHER WITH: PARCEL 2: THE 5W 1/4 OF SECTION 11, TOWNSHIP 34 5OUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LES5 AND EXCEPT THE EAST 80 FEET AND THE WEST 95 FEET THEREOF FOR ROAD AND CANAL RIGHTS OF WAY. TOGETHER WITH: PARCEL 3: THE 50UTH 50 ACRE5 OF THE NORTH 1/2 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LES5 AND EXCEPT THE EAST 80 FEET AND THE WEST 95 FEET THEREOF FOR ROAD AND CANAL RIGHT5 OF WAY. CONTAIN5 10,020,849 SQUARE FEET OR 230.047 ACRES, MORE OR LES5. TOGETHER WITH: THE N 1/2 OF THE N 1/2 OF THE 5W 1/4 OF THE NW 1/4 AND THE N 1/2 OF THE N 1/2 OF THE 5E 1/4 OF THE NW 1/4 AND THE 5/./2 OF THE NW 1/4 OF THE 5W 1/4 OF THE NW/./4 OF SECTION 14, TOWNSHIP 34 5OUTH, RANGE 39 EAST; 5AID LAND LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. LES5 AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY. THE EAST 1780 FEET OF THAT PORTION OF THE N 1/2 OF THE N 1/2 OF THE 5W 1/4 OF THE NW 1/4; AND THE N 1/2 OF THE N 1/2 OF THE 5E 1/4 OF THE NW 1/4; AND THE 5 1/2 OF THE NW/./4 OF THE 5W 1/4 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 34 50UTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING WEST OF THE FORT PIERCE FARM5 WATER MANAGEMENT DISTRICT CANAL NUMBER 5, THE SAID EAST/.780 FEET BEING MEASURED ALONG THE NORTH AND SOUTH LINE5 OF THE ABOVE DESCRIBED PARCEL. CONTAIN5/.0.020 ACRES, MORE OR LES5. TOTAL: CONTAIN5 240.067 ACRES, MORE OR LES5. (Location: East side of Emerson Avenue, approximately 1,000 feet north of Indrio Road) owned by 250 Emerson Avenue, LLC, (Houston Cuozzo Group, Inc, A,qent), is hereby changed from the AG-1 (Agricultural, 1 Du/Ac) and IX (Industrial Extraction) Zoning File No.: RZ-03-012/PUD-02-002/MJSP-02-003 Resolution 03-240 December 2, 2003 Page 3 OR BOOK 1944 PAGE ?83 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 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 Districts to the PUD (Planned Unit Development- Emerson Estates) Zoning District. SITE PLAN Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Final Site Plan for the project to be known as Emerson Estates - A Planned Unit Development be, and the same is hereby approved as shown on the site plan drawings for the project prepared by Houston Cuozzo Group, Inc., dated November 18, 2003, and date stamped received by the St. Lucie County Community Development Director on November 18, 2003, for the property described below, subject to the following conditions: General Condition: The special conditions of approval found in Resolution 03-090 are hereby repealed and replaced as follows: No two adjoining single-family homes shall have the same front architectural elevation. Building separation and setback standards shall be as set forth on the project site plans. In the multi-family portion of this development, building elevations may be the same provided that the following minimum side separation standards are met: Single story to single story: Single story to multi-story: Multi-story to multi-story: minimum of 20 feet minimum of 25 feet minimum of 25 feet All Building setback standards shall be as set forth on the project site plans. Prior to recording of any of the plats for this Final Planned Unit Development (PUD) project, the developers, their successors and assigns, shall have entered into an enforceable utility service agreement with St. Lucia County Utilities to ensure the provision of water and sewer services. This agreement shall be in a form consistent with St. Lucia County regulations regarding utility service extensions and service provisions. The irrigation system within this project shall be designed to accept reuse water from the St. Lucia County Utilities as the preferred method of irrigation. Prior to Final Planned Unit bevelopment approval, the applicant shall provide documentation from FDOT stipulating the ultimate required right-of-way for Emerson Avenue. In addition, the applicant shall modify the final PUD plans to incorporate the required right-of-way and dedicate the required right-of-way File No.: RZ-03-012/PUD-02-O02-/MJSP-02-003 Resolution 03-240 December 2, 2003 Page 4 OR BOOK 1944 PAGE ?84 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 3O 31 32 33 34 35 36 37 38 39 40 41 42 for Emerson Avenue to the County or FDOT in a manner acceptable to the County Attorney. 10. The developer shall provide adequate site lighting at the intersection of the Emerson Estates development project entrance and Emerson Avenue. The lighting shall be installed utilizing acceptable Engineering Safety Standards. Final design for this lighting installation shall be approved by St. Lucie County. Prior to the issuance of any land clearing permits for the Emerson Estates development, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be either the placing of silt fencing, safety fencing or similar type of materials. Flagging shall not be used except as a guide for the installation of the fencing materials. All land clearing activities shall be in accordance with the specific conditions/standards outlined in the Land Clearing Permit. Prior to the issuance of the Certificate of Occupancy (CO) for the first residential unit, the developer shall provide right and left turn lanes at the project's entrance on Emerson Avenue. Prior to the issuance of the 191'* building permit/units or the platting of any additional areas beyond Phase I, as shown on the project site plan referenced in Part A, the developer shall provide a concrete sidewalk, having a minimum width of eight feet, along the eastern side of Emerson Avenue, from the northern project limits to the southern project limits. The secondary (emergency) ingress and egress and the primary recreation facility must be constructed prior to the issuance of the 191'* building permit/units or the platting of any additional areas beyond Phase T. When it is warranted, and required by FbOTand/or St. Lucie County, a traffic signal shall be located at the intersection of Tndrio Road and Emerson Avenue. The developer of Emerson Estates shall be responsible for its proportionate share of the cost of the installation of the traffic signal, together with the owners or developers of other properties, based on the proportionate impact of their respective developments on said intersection. Tn the event there are not available sufficient funds from other sources to complete the installation of the traffic signal, the developer of Emerson Estates agrees to pay the total cost of such installation, provided that St. Lucie County enters into an enforceable File No.: RZ-03-012/PUD-02-002/MJSP-02-003 Resolution 03-240 December 2, 2003 Page 5 OR BOOK 1944 P~GE 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 agreement with the developer so that (a) developer shall be entitled to impact fee credits for the cost of such installation in excess if the proportionate impact of Emerson Estates, or (b) such owners/developers of other properties impacting said intersection are required to reimburse the developer of Emerson Estates for the cost of such installation in excess of the proportionate impact of Emerson Estates, together with interest, as a condition to the approval of the development of such other properties. 11. Prior to the issuance of Final Planned Unit Development approval, the applicant shall submit to the County a final detailed site plan for the multi-family component of the development. (this Condition has :been satisfied ~[2/02/03) 12. Within, but no later than, 18 months from the date of issuance of the first residential building permit, the developer of Emerson Estates, or its successors and assigns, shall provide, or cause to be provided, the construction, installation and perpetual maintenance of an opaque screen along the project's south property line(s) to provide for the full screening of this project from the adjoining residential uses. Along the boundary adjacent to the townhomes, the screen will consist of berm, fence and landscaping. The remainder of the screen shall consist of berm and landscaping. The property on which this Final Planned Unit Development Site Plan approval is being granted is described as follows: PARCEL 1: THE NORTH 1/2 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 34 5OUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LES5 AND EXCEPT THE 5OUTH 50 ACRE5 THEREOF, AND LES5 AND EXCEPT THE EAST 80 FEET AND THE WEST 95 FEET THEREOF FOR ROAD AND CANAL RIGHTS OF WAY. TOGETHER WITH: PARCEL 2: THE 5W Z/4 OF SECTION 11, TOWNSHIP 34 5OUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LES5 AND EXCEPT THE EAST 80 FEET AND THE WEST 95 FEET THEREOF FOR ROAD AND CANAL RIGHTS OF WAY. TOGETHER WITH: PARCEL 3: THE 50UTH 50 ACRE5 OF THE NORTH 1/2 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 34 50UTH, RANGE 39 EAST, ST. LUC"I:E COUNTY, FLORIDA, LES5 AND EXCEPT THE EAST 80 FEET AND THE WEST 95 FEET THEREOF FOR ROAD AND CANAL RIGHT5 OF WAY. CONTAIN5 10,020,849 SQUARE FEET OR 230.047 ACRES, MORE OR LES5. TOGETHER WITH: THE N 1/2 OF THE N 1/2 OF THE 5W 1/4 OF THE NW 1/4 AND THE N 1/2 OF THE I',11/2 OF THE 5E 1/4 OF THE NW 1/4 AND THE 5 I/2 OF THE NW 1/4 OF THE 5W I/4 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST; SAID LAND LYING AND BEING IN ST. LUCZE COUNTY, FLORIDA. File No.: RZ-O3-O12/PUD-O2-OO2/MJSP-02-O03 Resolution 03-240 December 2, 2003 Page 6 OR BOOK 1944 p~E 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 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 ED Go LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY. THE EAST 1780 FEET OF THAT PORTION OF THE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE NW 1/4; AND THE N OF THE N 1/2 OF THE SE 1/4 OF THE NW 1/4; AND THE S 1/2 OF THE NW 1/4 OF THE SW 1/4 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING WEST OF THE FORT PIERCE FARMS WATER MANAGEMENT DISTRICT CANAL NUMBER 5, THE SAID EAST 1780 FEET BEING MEASURED ALONG THE NORTH AND 5OUTH LINES OF THE ABOVE DESCRIBED PARCEL. CONTAIN5 10.020 ACRES, MORE OR LES5. TOTAL: CONTAINS 240.067 ACRES, MORE OR LESS. (Locotion: Eost side of Emerson Avenue, opproximotely 1,000 feet north of Indrio Rood) This Final Planned Unit Development Site Plan approval shall expire on November 25, 2005, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or final plat approval is granted in accordance with Section 11.03.00. The Final Planned Development Site Plan approval granted under this resolution is specifically conditioned to the requirement that the petitioner, 250 Emerson Avenue, LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate Local, State, and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, the South Florida Water Management District, and the Ft. Pierce Farms Water Management District prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part C. A copy of this resolution shall be attached to the site plan drawings described in Part B, which plan shall be placed on file with the St. Lucie County Community Development Director. The certificate of capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the certificate of capacity shall automatically terminate. A copy of this Order shall be attached to the site plan drawings described in Section B, which plan shall be on file with the St. Lucie County Community Development Director. 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: Chairman Paula A. Lewis Vice-Chairman John D. Bruhn AYE ABSENT File No.: RZ-03-012/PUD-02-002/MJSP-02-003 Resolution 03-240 December 2, 2003 Page 7 OR BOOK 1944 PAGE 787 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 Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes AYE NAY AYE PASSED AND DULY ADOPTED this 2nd Day of December, 2003. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ATTEST: DJM/ 03-240(H) File No.: RZ-03-012/PUD-02-002/MJSP-02-003 Resolution 03-240 December 2, 2003 Page 8 OR BOOK 1944 PAGE ?88 10 11 12 13 15 16 17 18 19 Exhibit A Certificate of Capacity File No.: RZ-03-012/PUD-02-002/MJSP-02-003 Resolution 03-240 December 2, 2003 Page 9 OR BOOK 1944 PAGE ?89 St Lucie County Certificate of Capacity Date 1/9/2004 Certificate No. 141(5 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 Final Planned Unit Development Number of units 720 Number of square feet 2. Property legal description & Tax ID no. 1314-231-0001-010/7 E side Emerson Av approx 1,000 ft n of Indrio Emerson Estates - PUD 3. Approval: Building Resolution No. RES-03-240 Letter 12/02/03 4. Subject to the following conditions for concurrency: Executed Utility Service Agreements for water and wastewater from St. Lucie County Utilities prior to the issuance of building permits or occupational license. Owner's name ;250 Emerson Avenue, LLC. Address 5801 North Congress Avenue Boca Raton FL 33487 6. Certificate Expiration Date 12/2/2005 '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 develo~der(s) issued fo/r the same property, use and size as described herein. Signed '~ ) ~/~~ ~..~"Tq,~-- Date: 4/2/2004 Comm/~ity Development pirector St~L-~cie County, Florida [ Friday, April 02, 2004 Page 1 of 1 OR BOOK 1944 PAGE ?90 10 11 12 13 14 EXHIBIT "B" LOCATION MAPS and SITE PLAN GRAPHICS File No.: RZ-03-012/PUD-02-002/MJSP-02-003 Resolution 03-240 December 2, 2003 Page 11 s s£ ! ,LINA©O S 9': 1 33~0H033~0 A Petition of 250 Emerson Avenue, LLC (Houston Cuozzo Group, Agent)for a Change in Zoning from the AG-1 (Agricultural-1 du/acre)and IX (Industrial, Extraction)Zoning Districts to the PUD (P~anned Unit Development-Emerson Estates)Zoning District and for Preliminary Planned Unit Development Site Plan Approval for the Residential Project to be known as Emerson Estates-PUD. F:)~~.~.~-~.~ I-1-1-1-1-1-1-1-1-1. I- I. 1.1'1~ I' I'1' HI'I'I'"I'I'I' I' I-I'1'1t Soflt oflo Aver~Je LockwoOd OHvo l'1'1'1'1' [' It1' I'1' I' P~ Street ~ ..... I--I-I-i'H'l'd'q~ ' I, I' I'1'1' I' ~'1'1' I'1'1-1'1 1' I'I,I,I,I,FI' I'1-1' I-I-I [-I' I-I-H-I-I-I-I-H' I-I, I.H ~ Rood RZ 03-012 PUD 03-009  This pattern indicates subject parcel Map prepared June 18, 2003 [ i! Emerson Estates St. Lucie County Florida Master/Final Site Plan