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Home My WebLink About22-039RESOLUTION 2022-39 File Number: PNRD-6202126073 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A PLANNED NON-RESIDENTIAL DEVELOPMENT (PNRD) REZONING FROM THE AR-1, (AGRICULTURAL, RESIDENTIAL-1, 1 DU/AC) ZONING DISTRICT TO THE PNRD ZONING DISTRICT & PRELIMINARY SITE PLAN FOR THE MIDWAY & CHRISTENSEN PNRD, IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, base( upon acceptable evidence, including but not limited to the staff report, has made the following determinations: ZONING ATLAS AMENDMENT 1) Engineering Design & Construction, Inc., on behalf of Ronald J & Denise K. Buchmeyer, presented a petition for an Amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential-1, ldu/ac) to PNRD (Planned Non -Residential District), with specific uses and limited hours of operation, as attached and incorporated herein as "Exhibit C", for one (1) parcel consisting of 0.999 acres located south of Midway Road and west of Christensen Road, in St. Lucie County, Florida, as depicted on the attached map as Exhibit "A" and described in Part "A" below. 2) On January 20, 2022, the St. Lucie County Planning and Zoning Commission conducted the public hearing 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, and recommended that the Board of County Commissioners approve the request for the property described in Part "A". 3) On March 1, 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. 4) The St. Lucie County Development Review Committee has reviewed the Rezone Petition and found it to meet the technical requirements and to be Resolution No. 2022-39 Page 1 File No: PNRD-6202126073 ;uo -nv,g MXFD— 00*-4im o0Lr,rr Z.0 cM0 G?0wmA � 0) 0 OP �M N m 00 w X coo 0 og 'n 0 m 0 0 0 0 X I consistent with the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part "C" of this Resolution. 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 PNRD SITE PLAN 6) Engineering Design & Construction, Inc., on behalf of Ronald J & Denise K. Buchmeyer, submitted a Preliminary PNRD (Planned Non -Residential Development) Site Plan, for the purpose of providing limited retail trade and service activities needed to serve the surrounding neighborhood to be known as the Midway & Christensen PNRD, for the property depicted in the attached map as Exhibit "A" and described in Part "A" below. 7) On January 20, 2022, the St. Lucie County Planning and Zoning Commission conducted the public hearing 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 and recommended that the Board of County Commissioners approve the request for the property described in Part "A". 8) On March 1, 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 PNRD 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. Resolution No. 2022-39 Page 2 File No: PNRD-6202126073 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. 13) The proposed project will be served by the Port St. Lucie Utilities Department 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 AR-1 (Agricultural, Residential — 1, ldu/ac) to PNRD (Planned Non -Residential District) is being granted is described as follows: Legal Description: BEGIN AT THE NORTHEAST CORNER OF LOT 100 OF WHITE CITY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE(S) 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, RUN WEST 25 FEET ALONG THE NORTH LINE OF SAID LOT 100 TO THE WEST RIGHT OF WAY OF COUNTY ROAD AS SAME EXISTED IN 1954; THENCE SOUTH 102.35 FEET ALONG SAID WEST RIGHT OF WAY LINE OF COUNTY ROAD; THENCE WESTERLY, WITH A BACK ANGLE FROM SAID ROAD RIGHT OF WAY LINE OF 89'57', 282.5 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, CONTINUE WESTERLY ALONG SAME LINE 208.71 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO LAST DESCRIBED LINE, 208.71 FEET; THENCE EASTERLY 208.71 FEET; THENCE NORTHERLY 208.71 FEET TO THE POINT OF BEGINNING. ALL CONTAINING 0.99 ACRES, MORE OR LESS. Parcel ID Numbers: 3403-502-0191-000-2 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 AR-1 (Agricultural, Residential — 1, 1 du/ac) to PNRD (Planned Non -Residential District) and to make a notation of the reference to the date of adoption of this Resolution. Resolution No. 2022-39 Page 3 File No: PNRD-6202126073 PRELIMINARY PNRD SITE PLAN C. Pursuant to 11.02.05(B) of the St. Lucie County Land Development Code, the PNRD (Planned Non -Residential Development) Preliminary Site Plan for the project known as the Midway & Christensen 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 Engineering Design & Construction, Inc. and date stamped received by the St. Lucie County Planning & Development Services Department on December 16, 2021, as attached and incorporated herein as Exhibit "D", and subject to the following conditions: 1. Traffic will be reviewed at the time of Final Site Plan submittal. Uses that generate enough trips to warrant a right turn lane will not be supported. 2. Prior to any soil disturbance or vegetation removal, listed species surveys per state and/or federal protocol may be required. 3. The Final Site Plan design will have the flexibility to relocate parking in the rear and shift the building to the front setback line. D. The Preliminary PNRD Site Plan approval granted by this Resolution shall expire on March 1, 2024, unless a Final Site Plan approval is obtained, or an extension is granted in accordance with Section 11.02.06(A)(2) 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 a Final Site Plan approval as required, and 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 "C". 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 "C" is determined to be invalid or unenforceable for any reason and Resolution No. 2022-39 Page 4 File No: PNRD-6202126073 the developer declines to comply voluntarily with that condition, the 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 April 8, 2021. H. A copy of this Resolution shall be mailed to the owner of the record as identified on the application. J. This Resolution shall be recorded in the Public Records. 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 1 st day of March 2022. ATTEST: D'EPUTYdE�RK Y C04�' ► Z c Page 5 TY, FtA�pr BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: GZ. P. CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY(ATTiORNEY Resolution No. 2022-39 File No: PNRD-6202126073 EXHIBIT "A" (LOCATION MAP) ay ensen )2126073 Resolution No. 2022-39 Page 6 File No: PNRD-6202126073 EXHIBIT "B" (CERTIFICATE OF CAPACITY DEFERRAL) St. Lucie County Coneurren", Deferral Affidavit I. Ronald Buchmeyer residing or doing business at 20910 Glades Cutoff Road !game Stress _ —_ _ Port St. Lucie �— FL 34987 772-37 0-9144 City State Zip Phone have applied fora Rezone Application — irom St. l,itcie County. I"lorida. Ty pe of Development grdcr for the following pmjecu h4dway & Christensen Name of Proposed Developnteat I do hereby affirm that in connection with my application for the above project, 1 have elth:ted to defer the certificate of capacity and reservation of capacity in public facilities fix the above property until it later titne. 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 hefore 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. 1 further acknowledge that according to Section 5.08.01 of the St. Lucie County [.and Development Code, no final development approval can be granted until capacity in these facilities is available at that time. The issuance of a prt liminarn development order without a certificate of capacity creates no vested or other righ% to develop the subicct property. Signcd: L,& Date: 418121 - STATE OF FLORMt COUNTYOF � QCAe- The forcgoin" in trumeni was acknowledged before me this m _ JAN, of • �t� , h-, _ —Who ig personally knwu to me or who Ilan pmduccd __ tea: identification' Signsnury of.�'4ary type or Print Name of Notary r:. M;ATMEH�hG.'.cM rvu� _Commisiiun Number f'Seali ,y 'S-0eel 1 wyC:.r�m,.E:auna�g"_r.2C2C 8or:eC Cnr�n�atWna..tia, iy.Wsr.. Resolution No. 2022-39 Page 7 File No: PNRD-6202126073 EXHIBIT "C" (PAGE 1 OF 2) PERMITTED AND CONDITIONAL USES AND HOURS OF OPERATION WITHIN MIDWAY & CHRISTENSEN PNRD THE PNRD HOURS OF OPERATION: 6:00 AM - 7:00 PM ALLOWABLE USES - MIDWAY & CHRISTENSEN PNRD RETAIL TRADE (EACH BUILDING SHALL BE LESS THAN 6,000 SF GROSS FLOOR AREA, ALL USES INCLUSIVE): Limited Retail: Antiques (5932) Apparel and Accessories (56) Books and Stationery (5942 / 5943) Cameras and Photographic Supplies (5946) Florists (5922) Gifts, Novelties, and Souvenirs (5947) Hobby, Toy, and Game Shops (5945) Jewelry (5944) Luggage and Leather Goods (5948) Newspaper and Magazines (5994) Optical Goods (5995) Sports Goods and Bicycles (5941) Home Furniture and Furnishings (57) Pet Supply Store Office Uses: Real Estate Services Advertising (731) Computer Programming, Data Processing, and other Computer Related Services (737) Engineering, Accounting, Research, Management and Related Services (87) Executive, Legislative and Judicial Functions (91, 92, 94, 95, 96, 97) Financial, Insurance and Real Estate Services (60, 61, 62, 63, 64, 65, 66, 67) Health Services, except Nursing Homes and Hospitals (80) (except 8052, 8082, 8093 & 8099) Medical Office Professional Office Limited Services: Travel Agencies (4724) Commercial Printing (999) Personal Supply Services (736) Photo Finishing Services (7384) Photographic Services Resolution No. 2022-39 Page 8 File No: PNRD-6202126073 EXHIBIT "C" (PAGE 2 OF 2) Limited Services (continued): Veterinary Services (074) (No Boarding Overnight) Personal Services — Beauty, Health & Wellness Business Services Beauty and Barber Services (723 / 724) Repair Services: • Electrical Repair (762) • Shoe Repairs (725) • Watch, Clock, Jewelry, and Musical Instrument Repair (7631) Conditional Uses Required: Restaurants Prohibited Uses - The PNRD shall not include: A Drive Through Outdoor Storage Overnight Vehicular Storage Outdoor Displays Resolution No. 2022-39 Page 9 File No: PNRD-6202126073 EXHIBIT "D" (PRELIMINARY PNRD SITE PLAN) I NONE r----� m > z 1 y I�iA i I C.UC' LANDSCAPE D:FFEK �--- — - PROP aSEC F.{RKING O o8%'OC' U ¶ n u■ ■ m - ml' m 31 �r ■ ■ rm i I fi < 31 ��O l L� � ■ � ■ I rnI I b P p (� ■ ■i .t' F II �� n rai �.. � tWlifafflff illl�t�lf ilf �iCil3i?_ ■Mono■■■■I S 1OA0' LANDSCAPE BUFFER • i tV Ai i J I I II� r� FF� il I �I �jif . s � fa�� $� t e s a l � �j • � pp �y ��5�� i r.I.T MIDWAY&CHRISTENSEN N E� PRELIAMINARY DEVELOPMENT PUN , '� ij d Resolution No. 2022-39 Page 10 File No: PNRD-6202126073