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Home My WebLink About22-138RESOLUTION 2022-138 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 THE CG (COMMERCIAL, GENERAL) AND RS-2 (RESIDENTIAL, SINGLE-FAMILY — 2DU/AC) ZONING DISTRICTS TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT AND PRELIMINARY PUD SITE PLAN KNOWN AS THE TIDEWATER 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, Inc on behalf of Meritage Homes of Florida, LLC, presented a petition for an Amendment to the Official Zoning Atlas from RS- 2 (Residential, Single -Family — 2du/ac) and CG (Commercial, General) Zoning Districts to the PUD (Planned Unit Development) Zoning District, for property located at 6209 S. US Highway 1, in Fort Pierce, Florida, as depicted on the attached map as Exhibit "A" and described in Part "A" below. �oi�n� m A 'M . o ? 2) On July 21, 2022, the St. Lucie County Planning and Zoning Commission Zo;Cr m M held a public hearing on this petition, after installing a sign on the property L 101 and notifying by mail all owners of property within 500 feet of the subject 00 o Z m at which all interested persons were given an opportunity to be MN�� property, p g pp Y heard and recommended that the Board of County Commissioners approve 00 x the request for the property described in Part "A". A 0 �K m 3) On August 9, 2022, the Board of County Commissioners held a public c� ohearing on this petition after publishing a notice in the St. Lucie News 0 Tribune at least 10 days prior to the hearing, installing a sign on the property M 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 consistent with the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part "C" of this Resolution. Resolution No. 2022-138 Page 1 File No: PUD_RZ-11202126231 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) Cotleur and Hearing, Inc on behalf of Meritage Homes of Florida, LLC, submitted a Preliminary PUD (Planned Unit Development) Site Plan to develop a one hundred sixty (160) multifamily townhome subdivision to be known as the Tidewater PUD, for the property depicted in the attached map as Exhibit "A" and described in Part "A" below. 7) On July 21, 2022, the St. Lucie County Planning and Zoning Commission held a public hearing on this petition, after 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 August 9, 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. 2022-138 Page 2 File No: PUD_RZ-11202126231 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 RS-2 (Residential, Single -Family — 2du/ac) Zoning Districts to Tidewater PUD (Planned Unit Development) is being granted is described as follows: Legal Description: A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, NORTH 00015'32" WEST, A DISTANCE OF 663.77 FEET; THENCE ALONG THE NORTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, NORTH 89046'16" EAST, A DISTANCE OF 955.09 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00°01'20" WEST, A DISTANCE OF 320.22 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 900 21' 54", HAVING A RADIUS OF 20.00 FEET, HAVING AN ARC DISTANCE OF 31.54 FEET; THENCE, NORTH 89039'26" EAST, A DISTANCE OF 29.71 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 430 06' 54", HAVING A RADIUS OF 17.00 FEET, HAVING AN ARC DISTANCE OF 12.79 FEET; THENCE, NORTH 46032'32" EAST, A DISTANCE OF 3.49 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 430 22' 50", HAVING A RADIUS OF 53.00 FEET, HAVING AN ARC DISTANCE OF 40.13 FEET; THENCE, NORTH 89055'21" EAST, A DISTANCE OF 80.32 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 510 38' 37", HAVING A RADIUS OF 35.00 FEET, HAVING AN ARC DISTANCE OF 31.55 FEET; THENCE, SOUTH 38026'02" EAST, A DISTANCE OF 9.43 FEET TO THE BEGINNING OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 510 49' 18", HAVING A RADIUS OF 35.00 FEET, HAVING AN ARC DISTANCE OF 31.66 FEET; THENCE, NORTH 89044'40" EAST, A DISTANCE OF 91.04 FEET; THENCE, SOUTH 00018'04" EAST TO A POINT ON THE NORTH LINE OF LOT 10, BLOCK A, AETNA PARK AS RECORDED IN PLAT BOOK 6, PAGE 13 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 70.57 FEET; Resolution No. 2022-138 Page 3 File No: PUD_RZ-11202126231 THENCE ALONG SAID NORTH LINE, SOUTH 89046'08" WEST, TO THE NORTHWEST CORNER OF SAID LOT 10, A DISTANCE OF 131.00 FEET; THENCE, SOUTH 00018'04" EAST TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10, A DISTANCE OF 240.00 FEET; THENCE ALONG SAID SOUTH LINE, SOUTH 89046'08" WEST, A DISTANCE OF 1155.20 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. CONTAINING 16.318 ACRES, MORE OR LESS. Parcel ID Numbers: 3410-702-0055-000-3 3410-702-0054-000-6 3410-701-0001-000-7 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 RS-2 (Residential, Single -Family — 2du/ac) Zoning Districts 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 Tidewater 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 and Hearing, Inc on June 9, 2022, and date stamped received by the St. Lucie County Planning & Development Services Department on June 9, 2022, as attached and incorporated herein as Exhibit "C", and subject to the following conditions: 1. Prior to the issuance of any building permit a final plat must be approved by the Board of County Commissioners. 2. The Community Clubhouse or similar use facilities shall be consistent with the Community Architecture Standards of St. Lucie County Land Development Code in Section 7.10.24. 3. All Residential driveways shall be a minimum of ten (10) feet wide. Resolution No. 2022-138 Page 4 File No: PUD_RZ-11202126231 4. Before 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. 5. Before 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. 6. Before 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 August 9, 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 PUD 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. Resolution No. 2022-138 Page 5 File No: PUD_RZ-11202126231 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 the of record as identified on the application. I. This Resolution shall be recorded in the Public Records. J. 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 9th day of August 2022. ATTEST: Y co } 2 DEPUTY CLERK a `moo ti �W Page 6 Mrr, FtAa�O' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Gz- P. ?X- CHAIR APPROVED AS TO FORM AND CORRECTNESS: Resolution No. 2022-138 File No: PUD_RZ-11202126231 EXHIBIT "A" (LOCATION MAP) Resolution No. 2022-138 Page 7 File No: PUD_RZ-11202126231 EXHIBIT "B" (CERTIFICATE OF CONCURRENCY DEFERRAL) Supplement 4 St Lucie County Concurrency Deferral Affidavit 1; Jusm Cook reSidiig ox CDing business at 14aa carorepwa Rd. 5,Ae CCt .a Vinsr. Farr Bnarn FL 33401 "11 047.7517 have applied for a fuium irid Use Amenarnnnl from St Lucre County, Fonda. Tin. :; r...,-. wd n a.! for the Wowing project TidOw°r . ,. 1 Parcel ID Nurnber(4) 3410.70-M54 aCi ;iota 701-0am ado'' _— I do hoteby affirm that in connection with my acoicaiion for the above project i have elected to defier the cerhfiaate of capacity and reservation of capacity in public fal for the above property until a latter tine, but no later than the application for a final development order for the same property. I understand and ac<nnowl dge that the above listed property will be subject to the certificate of capacity' before any finX deyislopriveni ordrrr car. ho *sued, and that St Lucie County can make no guaranlec that Pol"jate public. facii:ies Ml be available when I apply for IN,, final developn'ont order I ftrrther acknowledge that according to Sexton 5.08.01 of the St. Lucie County LOC, 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 certifioato of Capacity Creates no vesled or other rghls to develop the subject property. 1Lakn.;cck. —r r d STATE OF �-1 ii .t1. COUWTY OF TFc ` going insiniment was acknowledged before rra this -� day of x'i:.H_..4 r by ,jb?r ; i , c whois p"naay known to me or who rias produced a$ identification. � •r �'��,- o• worn ;r.ri = '-: % Conimswri Number (Seal) Page 11 at 11 d_ ct+w >•.cG: s+:.. rmm Re ad. ,krw 19 i1708 - . •, r t.•te ��• ar :one raven 4:. ii:J is<M t,�am, Mio-•e:'tt ri Axle. Resolution No. 2022-138 Page 8 File No: PUD_RZ-11202126231 waa OE5OA/mm EXHIBIT "C" (PRELIMINARY PUD SITE PLAN) L7 4AWSTAWWMr ••,,•,,•.»,..•.«,.^« •.,"".•«�.• O,eAcwsEsrArEu�vr- « �...� .»® LOO WANU TABLE i= rLs ME ONE me Im. ME NOW_ - I•r\-J IAIC ji rM 61 NGCi/ WA✓1,m L«,A -=------ 1 1.6OAC -j11 L�NE,�,L 24'LOr LY7: PRELIM/NARY S/TEPUN SrA. I". SOW North 11 cofleurf F%aring S� I® Resolution No. 2022-138 Page 9 File No: PUD—RZ-11202126231