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Home My WebLink About22-129RESOLUTION 2022-129 File No. MJSP-2205-000087 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A MAJOR SITE PLAN TO DEVELOP A ONE HUNDRED SIXTY (160) MULTI -FAMILY TOWNHOME SUBDIVISION FOR A PROJECT TO BE KNOWN AS TIDEWATER WITHIN THE PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT ON 16.37 ACRES OF PROPERTY AND PROVIDE A 2.5 ACRE COMMERCIAL OUTPARCEL LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to findings in the staff report and traffic analysis review, has made the following determinations: 1. Cotleur and Hearing, on behalf of Meritage Homes of Florida, Inc., presented a Major Site Plan application to develop a one hundred sixty (160), multi -family townhome subdivision, which includes drainage, and utility infrastructure, within the PUD (Planned Unit Development) Zoning District for a project to be known as Tidewater PUD, and provide a 2.5 acre commercial outparcel located at 6209 US Highway 1, Fort Pierce, Florida 34982, as legally described in Part "B" and depicted on the attached map as Exhibit "A". 2. On September 20, 2022, this Board held a public meeting on this petition. 3. The Development Review Committee has reviewed the Major Site Plan for the project and found it meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the St. Lucie County Land Development Code. 4. Planning Staff has performed a detailed analysis of the project and determined it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services Department memorandum titled Tidewater PUD Final Site Plan (MJSP- 2205-000087) dated September 8, 2022. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through site design, landscaping screening. 6. The proposed Major Site Plan, with conditions therein, 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. 2022-129 MJSP-2205-000087 Page 1 U O) W a UJ U FT U F ao tD LL �? O p �ro Y o� W N U o� N W (7 JgEac�o U W r-O(7 J U o Y JJNOM W�-*koo va�aw 'L V110 2 7. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Site Plan is hereby approved as shown on the drawing prepared by Cotleur & Hearing dated August 2, 2022, for the property described in Part "B" below, subject to the following conditions: Environmental Resources Department: Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide the required $422,400.00 fee -in -lieu of tree mitigation requirements as detailed within the approved tree mitigation plan. 2. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first, a gopher tortoise survey conducted by a state -certified gopher tortoise agent may be required per the Florida Fish and Wildlife Conservation Commission (FWC) protocol prior to initiation of any clearing activities onsite. 3. Prior to issuance of a Certificate of Occupancy all Category I listed invasive plants shall be eradicated from the site. Public Works 4. Prior to the final plat, coordination with the Florida Department of Transportation (FDOT) for a cross -access easement for the property to the south of the proposed driveway connection with US Highway 1 will be required to allow future access. 5. A Site Development Permit is required prior to performing site improvement activities. The Site Development Permit application can be found on the County's website under the Public Works Department link. In accordance with the permit and Land Development Regulations, the applicant shall retain the Engineer of Record (EOR) for site inspections and final certification. 6. For plat approval prior to completion of required improvements, a Subdivision Improvement Agreement, and appropriate bonding is required. B. Legal Description: Parcel 1: THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 36 Resolution No. 2022-129 MJSP-2205-000087 Page 2 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LESS RIGHTS -OF - WAY FOR DRAINAGE CANALS AND PUBLIC ROADS, ALSO DESCRIBED AS THE NORTH 5 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, LESS RIGHTS -OF -WAY FOR PUBLIC ROADS AND DRAINAGE CANALS. Parcel 2: THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LESS LOTS 1,3 AND 10, BLOCK A, AND LOTS 1 AND 2, BLOCK B, OF THE SUBDIVISION OF AETNA PARK, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGE 13, OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY, FLORIDA, LESS RIGHTS -OF - WAY FOR PUBLIC ROADS AND DRAINAGE CANALS, AND ALSO LESS THE FOLLOWING DESCRIBED PARCEL OF LAND, TO WIT: Parcel 3: LOTS 1 AND 3, BLOCK A, OF THE SUBDIVISION OF AETNA PARK, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 6, PAGE 13, AND AMENDED PLAT OF AETNA PARK, RECORDED IN PLAT BOOK 7, PAGE 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Parcel 4: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ALSO DESCRIBED AS THE SOUTH 5 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10, ST. LUCIE COUNTY, FLORIDA, LESS RIGHTS -OF -WAY OF PUBLIC ROADS AND DRAINAGE CANALS. CONTAINING 822,110 SQUARE FEET, 18.873 ACRES, MORE OR LESS. 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 Address: 6209 S. US Highway 1, Fort Pierce, 34982 Resolution No. 2022-129 MJSP-2205-000087 Page 3 C. This Major Site Plan for Tidewater PUD shall expire within twenty-four (24) months of the effective date of this order unless a building permit is issued, or an extension is granted in accordance with the provision of Land Development Code Section 11.02.06. D. The developer is advised as part of this Major Site Plan 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 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. E. The conditions set forth in Part "A" are an integral non -severable part of the Site Plan approval granted by this Resolution. If any condition set forth in Part "A" 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. F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit "C" and made a part hereof the Resolution, was granted by the Planning & Development Services Department Director on September 30, 2022. G. A recorded copy of this Resolution shall be attached to the site plan drawings described in Part "A", which plan shall be placed on file with the St. Lucie County Planning & Development Services Department Director. H. This Order shall become effective upon the date indicated below. An appeal of the Board of County Commissioners' action may be processed within thirty (30) days in accordance with Section 11.11.021, of the St. Lucie County Land Development Code. This Resolution shall be recorded in the Public Records of St. Lucie County. Resolution No. 2022-129 MJSP-2205-000087 Page 4 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 20th day of September 2022. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIR APPROVED AS TO FORM AND CORRECTNESS: GO iiyp COUNTY ATTO `1 = � C 00 Resolution No. 2022-129 MJSP-2205-000087 Page 5 Exhibit "A" Location Map Resolution No. 2022-129 MJSP-2205-000087 Page 6 Exhibit "B" Site Plan Resolution No. 2022-129 MJSP-2205-000087 Page 7 Exhibit "C" Certificate of Capacity tit Lu4-ae+� 'runty Certificate of Capacity Data : 1-2:122 Ceftilicele No, 1N'I t has dacurnent ca=lifias that soncurmncy will be met and that adequele public facift capaeity exists la maintain Me eldniiards for levele *I se+vl" as Adopted to the 6 Lucie Courviv Cornprolhonerre Plan for: t. Type of dovelovment Majnr titre I?lari Plumber of units 161} Humber of squ" feet 2- PrWrty Iegel de+ CAPtW b Taut ID 00, sal�7b2 {i05�•i51 J_}#0-741-0041-4100- 6209 S. US. Hyvy. Fart Fierce, 1• I. J 19,K Tidewswi KID 3, AppMV-11l; Building Rasolutlon No. _-v__-i:J Lotter d. St"set tsa the lidtiewning renditions fait eweurre•ney (ha fined In ltesoiacien Nu. 2!}2►'-129 Owners name Nchrana ,associates_ L'It) & LquLbebe, LLC Address 055 Ilu tturx Way Bocz Ireton I }3aJQ $- CgrOlicale Expiration babe 412(+'2024 This Ce+filica v of Capacity is tramrterable only to subsequent ovmere of the Same parcel, and is subject to tine same terms, conditions .and expiration date listed lieraen. The ea;pirsAilon -date corn be extenttted only under tho ume tms arrd coed Lions as the undp rlyin OevOmpirnsnt ordarissuad with this cart llicatte, or for subsequent development orrller(s�asued For the same property, trse and site as described herein, le / L4 _:; itntr. g:J9v'2{r2x Platoing and DevelopineqSaifvlces Director St Lucle Courrty, Fladda Friday, r%V1v=irrr 3k IR22 11,12k I t. r i Resolution No. 2022-129 MJSP-2205-000087 Page 8