HomeMy WebLinkAbout20-248JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4794116 12/16/2020 02:00:03 PM
OR BOOK 4524 PAGE 2585 - 2596 Doc Type: RESO
RECORDING: $103.50
RESOLUTION 2020-248
File Number: PTV-3202025704 & PZ-3202025701
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY GRANTING A CHANGE IN ZONING FROM
THE AGA (AGRICULTURAL-1) ZONING DISTRICT TO THE PTV
(PLANNED TOWN OR VILLAGE) ZONING DISTRICT; FURTHER
GRANTING A PRELIMINARY PLANNED TOWN OR VILLAGE TO
BE KNOWN AS INDRIO & 1-95 DEVELOPMENT ON 834.43 ACRES
(MORE OR LESS) OF LOCATED AT THE SOUTHEAST
QUADRANT OF 1-95 AND INDRIO ROAD IN ST. LUCIE COUNTY,
FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based
upon acceptable evidence, including but not limited to the staff report, has made the
following determinations:
ZONING ATLAS AMENDMENT
1) Marcella Camblor-Custaimanis, on behalf of Indrio & 1-95 Development,
LLC, presented a petition for a Change in Zoning from AG-1 (Agricultural —
1, 1 du/acre) Zoning District to the PTV (Planned Town or Village) Zoning
District and Preliminary Planned Town or Village Site Plan approval for the
project to be known as Indrio & 1-95 Development, a mixed -use subdivision
of +/- 834.43 acres (more or less) located at the southeast quadrant of 1-95
and Indrio Road.
2) On July 16, 2020, the St. Lucie County Planning and Zoning Commission
held a public hearing on the. petition, after publishing a notice of such
hearing in the St. Lucie News Tribune at least 10 days prior to the hearing
and notifying by mail all owners of property within 500 feet of the subject
property at least 10 days prior to the hearing and recommended that the
Board of County Commissioners approve the hereinafter described request
for the property described in Part "A".
3) On November 10, 2020, this Board held a public hearing on the petition
after publishing a notice of such hearing in the St. Lucie News Tribune at
least 10 days prior to the hearing and notifying by mail all owners of the
property within 500 feet of the subject property at least 10 days prior to the
hearing.
4) Based on the analysis presented in the staff report, the proposed zoning
change is consistent with the St. Lucie County Comprehensive Plan and
has satisfied the requirements of Section 11.06.03 of the St. Lucie County
Land Development Code.
Resolution No. 2020-248
Page 1
PRELIMINARY SITE PLAN
5) Marcella Camblor-Custaimanis, on behalf of Indrio & 1-95 Development, LLC,
presented a petition for a Preliminary Plan Town or Village Site Plan to be
known as the Indrio & 1-95 Development on +/-834.43-acres to develop a
planned town with the following mix of uses:
Single-family homes:
1,878 du
School site:
18 acres
Multi -family homes:
805 du
Fire station site:
2 acres
Commercial:
1,000,000 SF
Other civic sites:
22 acres
Retail:
88,000 SF
Gas station:
24 pumps
6) On July 16, 2020, the St. Lucie County Planning and Zoning Commission
held a public hearing on the petition, after publishing a notice of such
hearing in the St. Lucie News Tribune at least 10 days prior to the hearing
and notifying by mail all owners of property within 500 feet of the subject
property at least 10 days prior to the hearing and recommended that the
Board of County Commissioners approve the hereinafter described request
for the property described in Part "A".
7) On November 10, 2020 this Board held a public hearing on this petition after
publishing a notice of such hearing in the St. Lucie News Tribune at least 10
days prior to the hearing and notifying by mail all owners of property within
500 feet of the subject property at least 10 days prior to the hearing.
8) The St. Lucie County Development Review Committee (DRC) has reviewed
the Preliminary Plan Town Site Plan for the project and found it to generally
meet all technical requirements and to be consistent with the Future Land
Use Map and the St. Lucie County Comprehensive Plan, subject to the
conditions set forth in Part "C" of this Resolution.
9) The proposed project, in adherence with the presented conditions of
approval, 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. The
Planned Town design provides for walkable, mixed -use neighborhoods with
an interconnected street network to facilitate traffic movement. The
applicant has funded and constructed water and sewer lines out to the
subject property to support utilities being brought to this future development
area.
10) All reasonable steps have been taken to minimize any adverse effect of the
proposed buildings or use on the immediate vicinity through building design,
Resolution No. 2020-248
Page 2
site design, landscaping, and screening. Countryside areas have been
placed along the 1-95 corridor as a buffer to the developed neighborhood.
11) The proposed development 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 development
is consistent with the Towns, Villages, and Countryside (TVC) development
standards, which take into the account incremental development of the
entire TVC Overlay Zone.
12) The proposed project will be served by St. Lucie County Water and Sewer
District for potable water and wastewater.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
ZONING ATLAS AMENDMENT
A. The property on which the Zoning Atlas Amendment, or change in zoning, from
AG-1 (Agricultural — 1) to PTV (Planned Town or Village) is being granted is
described as follows:
Legal Description:
PARCEL C:
THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 34
SOUTH, RANGE 39 EAST.
PARCEL D:
THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 34 SOUTH, RANGE 39
EAST, LYING EAST OF INTERSTATE NINETY-FIVE (195), AND THE WEST 1/2
OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 34 SOUTH, RANGE
39 EAST, ST. LUCIE COUNTY, FLORIDA.
LESS AND EXCEPTING FROM ALL OF THE FOREGOING (PARCELS A, B, C
AND D) RIGHTS OF WAY FOR PUBLIC ROADS (INCLUDING INTERSTATE
NINETY FIVE (195) AND DRAINAGE CANALS.
TOGETHER WITH:
THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 34 SOUTH, RANGE 39
EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT DRAINAGE
CANALS, AND LESS AND EXCEPT THE EAST 80 ACRES OF THE ABOVE
DESCRIBED PROPERTY.
Resolution No. 2020-248
Page 3
PARCEL 3:
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, ,
TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA,
LESS THE NORTH 48 FEET AND LESS THE SOUTH 25 FEET THEREOF.
PARCEL 4:
THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE
1/4) OF SECTION 21, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE
COUNTY, FLORIDA, LESS AND. EXCEPT RIGHT OF WAY FOR DRAINAGE
CANAL OVER THE SOUTH 40 FEET.
O.R.B. 3905 PAGE 2082
PARCEL 1:
THAT PORTION OF THE SOUTH 1/2 OF SECTION 21, TOWNSHIP 34
SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST
OF 1-95 RIGHT-OF-WAY.
PARCEL 2:
AND THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE WEST 1/2
OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE WEST 1/2 OF
THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 22, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA, LESS RIGHT-OF-WAY FOR 1-95.
O.R.B. 3879 PAGE 2025
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY
OF ST. LUCIE, STATE OF FLORIDA, AND ID DESCRIBED AS FOLLOWS:
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP
34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND
EXCEPT ROADS AND DRAINAGE CANALS.
0,
THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP
34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS ROADS
AND DRAINAGE CANALS.
CONTAINING 834.43 ACRES, MORE OR LESS.
Resolution No. 2020-248
Page 4
Parcel ID Number:
1321-113-0001-000-3
1317-411-0001-000-5
1316-331-0001-000-7
1321-121-0001-000-8
1321-141-0001-000-0
1316-441-0001-000-5
1322-322-0001-000-8
1321-111-0003-000-1
1316-321-0001-000-6
1316-422-0001-000-6
1316-311-0001-000-5
1316-411-0002-000-9
1321-311-0001-000-1
I
I B. The St. Lucie County Planning and Development Services Director shall be
authorized to amend the Official Zoning Map to change the zoning of the property
herein described, from AG-1 (Agricultural — 1, 1 du/acre) to PTV (Planned Town
or Village) and to make notation of the reference to the date of adoption of this
resolution.
PRELIMINARY PLANNED TOWN SITE PLAN
C. Pursuant to 11.02.07 of the St. Lucie County Land Development Code, the
Planned Town Preliminary Site Plan for the project known as the Indrio & 1-95
Development, LLC is hereby approved, for the subject property described in Part
"A" above and as shown on the site plan drawings for the project prepared by
Mackenzie Engineering & Planning, Inc. dated June 17, 2020, and date stamped
received by the St. Lucie County Planning & Development Services Department
on June 30, 2020 as attached and incorporated herein as Exhibit "C" subject to
the following conditions:
1. No development application shall be approved until the
Proportionate Share Agreement and Development Agreement has been
approved by the St. Lucie County Board of County Commissioners
(BOCC). These agreements shall mitigate the cumulative impacts for the
entirety of the 834.43-acre development.
2. Within thirty (30) days of this approval, the Applicant shall record a Unity
of Title encompassing all parcels referred in Section A.
3. Prior to issuance of a Certificate of Occupancy for each phase, all
Category I listed invasive plan species shall be eradicated from within the
limits of that phase in accordance to Land Development Code, Section
7.09.05.
4. Before final approval is granted to excavate any portion of the proposed
flow way, a Phase I environmental assessment and, if warranted, a Phase
II environmental assessment, shall be submitted to St. Lucie County. If
levels of contaminants in the soil such as pesticides, herbicides, and
metals are found to exceed state standards the area shall be remediated,
Resolution No. 2020-248
Page 5
or the site redesigned to accommodate storm water management in
another location.
5. Prior to issuance of final PTV approval for any phase of the proposed
development, a final countryside management plan, including but not
limited to the management of the flow way system consistent with the TVC
standards, shall be provided to the Environmental Resources Department.
6. Prior to issuance of final PTV approval for any phase of the proposed
development, detailed plans for the additional 25 acres of shallow marsh
creations within the Countryside acreage, along with a monitoring plan
designed to ensure establishment success shall be provided to the
Environmental Resources Department for review and approval.
7. Within 30 days of final PTV approval for any phase of the proposed
development or prior to issuance of a vegetation removal permit or
exemption, whichever occurs first, the developer shall provide an
executed Conservation Easement over all onsite wetlands and upland
preserve areas, along with the approved Preserve Area Monitoring and
Management Plan (PAMMP), with an attached affidavit and cashier's
check (payable to the Clerk of the Court or recording fees) to the County
Attorney. The applicant shall also provide a georeferenced GIS shapefile
or CAD file of the conservation easement boundaries to St. Lucie County.
8. Prior to final PTV approval for any phase of the proposed development,
species specific surveys per appropriate state and federal protocols for the
potentially impacted species shall be provided. If these surveys result in
findings, which require modifications to the development plans, the
applicant acknowledges modifications to the preliminary approval may be
required and shall be submitted to St. Lucie County for review and
approval as required by the Land Development Code. The applicant will
not use the County's preliminary development approval to prevent
compliance with listed species protection requirements.
9. Existing density in the Future Land Use yields 1,680 dwelling units; the
applicant may achieve up to 2,683 dwelling units through the use of
density multipliers permitted in the TVC regulations. At the time of Final
PTV approval all Transferable Development Rights and any associated
multipliers will be reviewed in accordance with Section 4.04.05.
Specifically, the applicant will be required to demonstrate consistency with
sending and receiving areas as described in all subsections of Ordinance
06-018 and adherence to multipliers applied per section 4.04.05.F.3,
Table F-2. In addition, Section 4.04.05.G, Procedures for Use of
Transferable Development Rights Credits, shall dictate the legal process
Resolution No. 2020-248
Page 6
by which development value is transferred within the subject property to
developed areas.
10. Per Section 4.04.05.G.3.c, no building permit for the subject application
shall be issued until the County has been presented with a copy of the
recorded Deed of Transferable Development Rights and a copy of the
recorded Conservation Easement. The entity responsible for the
administration, management, and maintenance of the land set aside for
the Open Space and Countryside of each new Town or Village shall be
identified as part of the subdivision approval.
11. At the time of Final PTV submittal, staff will review the proposed gas
station in accordance with Comprehensive Plan Policy 11.1.8.2,
Accommodation of Retail Uses, to ensure consistency of the proposed
design within the PTV and its associated transect zone and
neighborhood.
12. At the time of Final PTV submittal the applicant shall provide data for block
length and perimeter analysis consistent with the Comprehensive Plan
Policy 11.1.4.2(5) and Land Development Code Section
3.01.03.EE.2.k(3).
13. At the time of Final PTV submittal, staff will review all proposed street
types, lot types and land uses to verify that all designs are taken directly
from the adopted regulations (Section 3.01.03.EE) without alteration and
that all are compatible with relevant transect zones.
14. The final stage or phase shall be completed within twenty-five (25) years
of the date of final development plan approval for that phase.
15. The developer is advised as part of this approval that the property
owner(s), developer, etc. including any successors 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, Florida Department of
Transportation, South Florida Water Management District, and the St.
Lucie County Environmental Resources, Public Works, and Building
Departments prior to the commencement of any development activities on
the property described in Part A. Issuance of this authorization or permit
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
Resolution No. 2020-248
Page 7
imposed by a state or federal agency or undertake actions that may result
in a violation of state or federal law.
16. Implementation of access management principles to the external
roadways provides a cost-effective means for supporting the mobility,
safety, environmental, and preservation goals. A part of those goals
includes internal service roads and other pathways to minimize traffic flow
to and from external roadways, especially arterial roadways. Two current
arterial roadways and a third potential border this development site.
The applicant has provided illustrative aspects to help demonstrate the
intermodal transportation paths and connectivity. The proposed plan,
including access points to public roadways shown are for illustrative
purposes only and shall not constitute an approval by the respective
agency. Specific external connections will be reviewed for conformance to
applicable standards at the time of more detailed design plan submittals.
17. The preliminary plan does not identify future right-of-way needs. The
applicant understands additional changes and alternations to the current
plan may be required due to right-of-way needs not currently shown the
plan. The applicant shall dedicate the necessary right-of-way to
accommodate the future roadway needs.
D. The conditions set forth in Part "C_" are an integral non -severable part of the site
plan approval granted by this Resolution. If any condition set forth in Part "C" 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.
E. A Concurrency Deferral Affidavit for future phases, a copy which is attached to
this Resolution as Exhibit "B", was signed by the applicant on November 10,
2020.
F. A copy of this Resolution shall be mailed to the owner of record as identified on
the application.
G. This Resolution shall be recorded in the Public Records.
Resolution No. 2020-248
Page 8
H. ADOPTION
After motion and second, the vote on this resolution was as follows:
Cathy Townsend, Chair
AYE
Chris Dzadovsky, Vice -Chair
AYE
Sean Mitchell, Commissioner
AYE
Linda Bartz, Commissioner
AYE
Frannie Hutchinson, Commissioner
AYE
PASSED AND DULY ADOPTED this 10th day of November, 2020.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY_U&Wk&"-a4
APPROVED AS TO FORM AND
CORRECTNESS: /-)
COUNTY ATTORNEY
Resolution No. 2020-248
Page 9
EXHIBIT "A"
LOCATION MAP
8 Florida Turnpike
i
Resolution No. 2020-248
Page 10
EXHIBIT B
CONCURRENCY DEFERRAL AFFIDAVIT
FUTURE TRACT DEVELOPMENT
St. Lucie County
Concurrency Deferral Affidavit
Gustavo Lumer , residing or doing business at 19370 COLLINS AVE
Name street
Sunny Isles Beach FL 33160
City State Zip Phone
have applied for a Planned Town or village from St. Lucie County, Florida,
Type of Development Order
for the following project: Indrio & 1-95 Development, LLC
Name of Proposed Development
f do hereby affirm that in connection with my application for the above project, I have elected to
defer the certificate of capacity and reservation of capacity in public facilities for the above
property until a later time, but no later than the application for a final development order for the
same property.
I understand and acknowledge that the above listed property will be subject to the certificate of
capacity before any final development order can be issued, and that St. Lucie County can make
no guarantee that adequate public facilities will be available when I apply for the final
development order.
I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land
Development Code, no final development approval can be granted until capacity in those
facilities is available at that time. The issuance of a preliminary development order without a
certificate of capacity creates no vested or other rights to develop the subject property.
Signed:
Date:
Applicant
STATE OF FLORIDA
COUNTY OF ljiI (XM Q1(15Z
�T-he fgregoing instrument was acknowledged before the this C)-- day of�.10-�, by
L i tS�YG�iC�yiMfL who is personally known to me or who has produced
as_idenH (cation.
Si ~� of otary
f Commission Number (Seal)
Type or Print Name ofNotary'
'�"` "'•• ARIEL G BECERRA
F:e
MY COMMISSION # GG092590
Page I of I '�e EXPIRES April 10, 2021
Revised: April I, 2008 ---
Resolution No. 2020-248
Page 11
EXHIBIT C
PTV PRELIMINARY SITE PLAN
ADJACENT PROPERTY OWNERS
fidacKcnzic
I M11 m INDRIC3 RCIAL) AND F-45 I
sr._uclEea_TM4 :war, -.ngrjn4-Vri"p &t Planning,
Resolution No. 2020-248
Page 12