HomeMy WebLinkAbout22-123 RESOLUTION 2022-123
File Numbers: PUD_RZ-5202126043
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY FOR A PLANNED UNIT DEVELOPMENT (PUD)
REZONING FROM PNRD (PLANNED NON-RESIDENTIAL DISTRICT);
AND COM (COMMERCIAL, GENERAL) ZONING TO THE PLANNED
UNIT DEVELOPMENT ZONING DISTRICT AND PRELIMINARY SITE
PLAN KNOWN AS AZALEA PUD LOCATED WITHIN 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) Cotleur and Hearing, on behalf of Meritage Homes of Florida, LLC,
presented a petition for an Amendment to the Official Zoning Atlas from CG
(Commercial, General) and PNRD (Planned Non-Residential District) to
PUD (Planned Unit Development), located at 8563 Commerce Centre Drive
in Port St. Lucie, for certain property in St. Lucie County, Florida, as
depicted on the attached map as Exhibit "A" and described in Part "A"
below.
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o W = 2) On May 19, 2022, the St. Lucie County Planning and Zoning Commission
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Z -4 0 m continued the public hearing by installing a sign on the property and
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c.°3 notifying by mail all owners of property within 500 feet of the subject
$mo?m property, at which all interested persons were given an opportunity to be
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n heard and recommended that the Board of County Commissioners approve
N O � the request for the property described in Part "A".
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S m 3) On July 5, 2022, the Board of County Commissioners held a public hearing
on this petition after publishing a notice in the St. Lucie News Tribune at
m least 10 days prior to the hearing, installing a sign on the property and
° A notifying by mail all owners of property within 500 feet of the subject
property, at which all interested persons were given an opportunity to be
heard.
4) The St. Lucie County Development Review Committee has reviewed the
Rezone Petition and found it to meet the technical requirements and to be
consistent with the St. Lucie County Comprehensive Plan, subject to the
conditions set forth in Part "C" of this Resolution.
Resolution No. 2022-123
Page 1 File No: PUD_RZ-5202126043
5) 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.
PRELIMINARY PUD SITE PLAN
6) Cotleur and Hearing., on behalf of Meritage Homes of Florida, LLC,
submitted a Preliminary PUD (Planned Unit Development) Site Plan to
develop a ninety-nine (99) lot single-family subdivision to be known as the
Azalea PUD, for the property depicted in the attached map as Exhibit "A"
and described in Part "A" below.
7) On May 19, 2022, the St. Lucie County Planning and Zoning Commission
continued the public hearing by installing a sign on the property and
notifying by mail all owners of property within 500 feet of the subject
property, at which all interested persons were given an opportunity to be
heard and recommended that the Board of County Commissioners approve
the request for the property described in Part "A".
8) On July 5, 2022, the Board of County Commissioners held a public hearing
on this petition after publishing a notice in the St. Lucie News Tribune at
least 10 days prior to the hearing, installing a sign on the property and
notifying by mail all owners of property within 500 feet of the subject
property, at which all interested persons were given an opportunity to be
heard.
9) The St. Lucie County Development Review Committee has reviewed the
Preliminary PUD Site Plan for the project and found it to meet the technical
requirements and to be consistent with the St. Lucie County Comprehensive
Plan, subject to the conditions set forth in Part "C" of this Resolution.
10) The proposed project, with 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.
11) 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.
12) 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.
Resolution No. 2022-123
Page 2 File No: PUD_RZ-5202126043
13) The proposed project will be served by the Reserve Utility District for water
and wastewater services.
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
CG (Commercial, General) and PNRD (Planned Non -Residential District) to
PUD (Planned Unit Development) is being granted is described as follows:
Legal Description:
A PORTION OF PARCEL ID 3327-805-0002-000-8
A PORTION OF POD 37B (REVISED) ACCORDING TO THE SECOND
REPLAT OF PGA COMMERCE CENTER AT THE RESERVE, AS RECORDED
IN PLAT BOOK 41, PAGE 10, OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED
PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF PARCEL 3A (PB. 41, PG.
10); THENCE NORTH 67'58'53" EAST, A DISTANCE OF 135.11 FEET TO A
POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTH HAVING
A RADIUS OF 1,086.00 FEET AND A CENTRAL ANGLE OF 03'41'45";
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, AN ARC
DISTANCE OF 70.05 FEET TO THE POINT OF BEGINNING (P.O.B #1);
THENCE CONTINUE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 22'13'25", AN ARC DISTANCE OF
421.23 FEET; THENCE SOUTH 86'05'57" EAST, A DISTANCE OF 134.63
FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE
SOUTH HAVING A RADIUS OF 663.47 FEET AND A CENTRAL ANGLE OF
16'38'59", THENCE EASTERLY ALONG THE ARC OF SAID CURVE, AN
ARC DISTANCE OF 192.80 FEET; THENCE SOUTH 18'56'06" WEST, A
DISTANCE OF 186.86 FEET; THENCE SOUTH 67'29'51" WEST, A
DISTANCE OF 162.32 FEET; THENCE SOUTH 18'34'46" EAST, A
DISTANCE OF 57.22 FEET; THENCE SOUTH 71'25'14" WEST, A
DISTANCE OF 236.42 FEET TO THE EAST LINE OF PARCEL 3A; THENCE
NORTH 18'35'57" WEST, A DISTANCE OF 18.15 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS
OF 4.33 FEET AND A CENTRAL ANGLE OF 90'00'00"; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE
OF 6.80 FEET; THENCE SOUTH 71'24'03" WEST, A DISTANCE OF 22.74
FEET; THENCE NORTH 18'30'30" WEST, A DISTANCE OF 248.94 FEET TO
THE POINT OF BEGINNING. AND A PORTION OF PARCEL ID 3327-708-
0002-010-3 (ACCESS TRACT):
A PARCEL OF LAND BEING A PART OF WATER MANAGEMENT PARCEL
2, PGA COMMERCE CENTRE AT THE PRESERVE, A PLAT THAT IS ON
FILE AND OF RECORD IN PLAT BOOK 37, PAGE 6 IN THE PUBLIC
Resolution No. 2022-123
Page 3 File No: PUD_RZ-5202126043
RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID PARCEL OF LAND
BEING A PORTION OF THE FOLLOWING DESCRIBED LAND:
BEGINNING AT THE SOUTHEAST CORNER OF SAID WATER
MANAGEMENT PARCEL 2; THENCE ALONG THE EAST LINE OF SAID
WATER MANAGEMENT PARCEL 2, NORTH 00 DEGREES 00 MINUTES 11
SECONDS EAST, AS A BASIS OF BEARINGS, A DISTANCE OF 150,00
FEET TO THE NORTHEAST CORNER OF SAID WATER MANAGEMENT
PARCEL 2; THENCE ALONG THE NORTH LINE OF SAID WATER
MANAGEMENT PARCEL 2, NORTH 89 DEGREES 59 MINUTES 49
SECONDS WEST, A DISTANCE OF 158.22 FEET; THENCE SOUTH 11
DEGREES 42 MINUTES 15 SECONDS EAST, DEPARTING SAID NORTH
LINE, A DISTANCE OF 44.45 FEET; THENCE SOUTH 03 DEGREES 55
MINUTES 47 SECONDS WEST, A DISTANCE OF 65.64 FEET; THENCE
SOUTH 04 DEGREES 29 MINUTES 16 EAST, A DISTANCE OF 41.11 FEET
TO THE SOUTH LINE OF SAID WATER MANAGEMENT PAREL 2; THENCE
ALONG SAID SOUTH LINE, SOUTH 89 DEGREES 59 MINUTES 49
SECONDS EAST, A DISTANCE OF 150.48 FEET TO THE POINT OF
BEGINNING.
CONTAINING 31.781 ACRES, MORE OR LESS.
Parcel ID Numbers: 3327-805-0002-000-8 & 3327-708-0002-010-3
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 CG (Commercial, General) and PNRD
(Planned Non -Residential District) to PUD (Planned Unit Development) and to
make a notation of the reference to the date of adoption of this Resolution.
PRELIMINARY PUD SITE PLAN
C. Pursuant to 11.02.05(B) of the St. Lucie County Land Development Code, the
PUD (Planned Unit Development) Preliminary Site Plan for the project known
as the Azalea PUD is hereby approved, for the subject property described in
Part "A" above, as shown on the preliminary site plan drawings for the project,
prepared by Cotleur & Hearing on November 3, 2021, and date stamped
received by the St. Lucie County Planning & Development Services
Department on November 8, 2021, as attached and incorporated herein as
Exhibit "C", and subject to the following conditions:
1. Prior to issuance of Vegetation Removal Permit or Exemption, updated a
survey to determine the current activity status of the onsite osprey nest
shall be provided. Should the nest be deemed active, i.e., the nest has
eggs or flightless young, then an Incidental Take Permit from the United
States Fish and Wildlife Service (USFWS) is required.
Resolution No. 2022-123
Page 4 File No: PUD_RZ-5202126043
2. Prior to issuance of Vegetation Removal Permit or Exemption, a 100%
survey to determine the presence of the state -protected gopher tortoise
and state -protected burrowing owl shall be required. If any gopher tortoise
burrows are identified within 25 ft. of the proposed disturbance, all
tortoises shall be relocated per the Florida Fish and Wildlife Conservation
Commission (FWC) protocol. If any burrowing owls are identified,
coordination with the FWC and/or United States Fish and Wildlife Service
(USFWS) shall be required.
3. Prior to the issuance of a Certificate of Occupancy, all Category I invasive
plant species shall be eradicated from the site.
D. The Preliminary PUD Site Plan approvals granted by this Resolution shall expire on
July 5, 2024, unless a Building Permit is obtained, or an extension is granted in
accordance with Section 11.02.06(B)(3) of the Land Development Code.
E. 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 imposed by a State or Federal agency or undertake actions
that may result in a violation of State or Federal law.
F. The conditions set forth in Part "C" are an integral non -severable part of the
preliminary site plan approval granted by this Resolution. If any condition set
forth in Part "H" 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.
G. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as
Exhibit "B" was signed by the applicant on May 5, 2021.
H. A copy of this Resolution shall be mailed to the owner of the record as identified
on the application.
Resolution No. 2022-123
Page 5 File No: PUD_RZ-5202126043
This Resolution shall be recorded in the Public Records.
J. EFFECTIVE DATE:
This Zoning Atlas Amendment contained shall take effect thirty-one (31) days
after adoption, in conjunction with Ordinance 2022-20. If Ordinance 2022-20 is
challenged within thirty (30) days after adoption, this Zoning Atlas Amendment
shall not be effective until the State Land Planning Agency or Administration
Commission respectively issues a final order finding the amendment adopted in
Ordinance 2022-20 in compliance in accordance with Section 163.3184(10),
Florida Statutes.
K. ADOPTION
After the motion and second, the vote on this Resolution was as follows:
Sean Mitchell, Chair AYE
Frannie Hutchinson, Vice -Chair AYE
Chris Dzadovsky, Commissioner AYE
Linda Bartz, Commissioner AYE
Cathy Townsend, Commissioner AYE
PASSED AND DULY ADOPTED this 5th day of July, 2022.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIR
ATTEST: APPROVED AS TO FORM AND
CORRECTNES6: _
' J�-TV Cdlot_py� LJ
BY:
DEPUTY CLER z COUNTY TO NEY
G
Resolution No. 2022-123
Page 6 cOpyTy FLCR�p'* File No: PUD_RZ-5202126043
EXHIBIT "A"
(LOCATION MAP)
Meritage PGA
Reserve
FLU MA-5202126042
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Resolution No. 2022-123
Page 7 File No: PUD_RZ-5202126043
EXHIBIT "B"
(CERTIFICATE OF CAPACITY DEFERRAL)
St. Lucie County
Concurrency Deferral Affidavit
Dan Sorrow I-934 Commerce 1
1, . residing or doing. business at _.,
4treet
Jupiterme F[. 3345i561-406-1012
City state zip flhont
have applied for a Rezoning and 1=urorc bind U%e Minp Amcndmcnl from St. Lucie Count)
Type of De+-eloptnent Order
for the following project: Meritage PGA Reserve
Name of Proposed Dewelapmem
I do hereby affirm that in connection with my application for the above project, I har
defer the certificate of capacity and reservation of capacity in public facilities iU
property until a later timc, but no later than the application for a final development t
same property,
under.stand and acknowledge that the above listed property will be subject to the c
capacity before any final development order can be issued. and thox St. L-ucie Chun,
no guarantee that adequate public facilities will be available }ai3en 1 apply f(
development order.
further acknowledge that according to Section 5.08_01 of the St. Lucie C,
Development Code, no final development apprw al can be granted until capaci
facilities is available: at that time. The issuance of a preliminary development urd+
certificate of capacity creates no wrested or Other rights to develop the subject. property
Signed '3:�7
Date: '
Applicant
STATE OF FLORIDA
COUNTY OF AJIIN
The foregoing instrument was acknowledged befwc me this day of
�, � �+
r_1 1111-VIVO) who is per5�nown n me pr W110 has prMuced
as identification.
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Resolution No. 2022-123
Page 8 File No: PUD_RZ-5202126043
EXHIBIT 46C3)
(PRELIMINARY PUD SITE PLAN)
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Resolution No. 2022-123
Page 9 File No: PUDRZ-5202126043