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Home My WebLink About22-227 mOT(ng Oa-im -rr a zAnm PW"mm RESOLUTION 2022-227 `q .A c 3 File Numbers: PUD RZ 5202126043 NJ j m m-,m jp n Jaw r A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF N a NJ- ST. LUCIE COUNTY FOR A PLANNED UNIT DEVELOPMENT (PUD) FOR REZONING FROM CG (COMMERCIAL, GENERAL) ZONING . m DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONING A DISTRICT AND PRELIMINARY SITE PLAN FOR +/-16.67 ACRES o c KNOWN AS THE EDEN OAKS PUD LOCATED WITHIN IN ST. LUCIE o 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 tt following determinations: ZONING ATLAS AMENDMENT 1) Red Tail Design Group on behalf of Neal Keys presented a petition for an Amendment to the Official Zoning Atlas from the CG (Commercial, General) Zoning District to the PUD (Planned Unit Development) Zoning District, for property located at 6201 S. US Highway 1, in Port St. Lucie, Florida, as depicted on the attached map as Exhibit "A" and described in Part "A" below. 2) On November 17, 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". 3) On December 6, 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 consistent with the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part "C" of this Resolution. Resolution No. 2022-227 Page 1 File No: PD-2207-000017 FKA PUD_RZ-3202226351) 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) Red Tail Design Group on behalf of Neal Keys submitted a Preliminary PUD (Planned Unit Development) Site Plan to develop a two hundred (200) unit multifamily development to be known as the Eden Oaks PUD and provide a commercial outparcel for the property depicted in the attached map as Exhibit "A" and described in Part "A" below. 7) On November 17, 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 December 6. 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. 2022-227 Page 2 File No: PD-2207-000017 FKA PUD_RZ-3202226351) 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 the CG (Commercial, General) Zoning District to PUD (Planned Unit Development) is being granted is described as follows. - Legal Description: BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF LOT 11, BLOCK 2, MODEL LAND COMPANY'S SUBDIVISION OF SECTI ON 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 1, PAGE 41, OF ST. LUCIE COUN TY, FLORIDA, PUBLIC RECORDS (LOT 1) AND THE WESTERLY RIGHT OF WAY OF U.S. NO. ONE; BEING 42' WEST OF THE EAST LINE OF THE NW 1 / 4 OF SECTION 15 THENCE PROCEED WESTERLY ALONG THE SOU H LINE OF LOTS 1 AND 4, A DISTANCE OF 1,280 FEET, THENCE PROCEED NOR THERLY PARALLEL TO THE WESTERLY RIGHT OF WAY OF U.S. NO. ONE; 570.24 FEET TO THE SOUTHERLY RIGHT OF WAY OF NORTH ST. LUCIE RIVER DRAINAGE DISTRICT CANAL NO. 23; THENCE PROCEED EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY OF CANAL NO. 23 A DISTANCE OF 1,280 FEET TO THE WESTERLY RIGHT OF WAY OF U.S. NO ONE; THENCE PROCEED SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY OF U.S. NO. ONE, A DISTANCE OF 570.25 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE EAST 6'. AS DESCRIBED IN OFFICIAL RECORDS BOOK 1709, PAGE 983. LESS AND EXCEPT THE PROPOSED 2.38 ACRE COMMERCIAL OUTPARCEL CONTAINING 14.29 ACRES, MORE OR LESS. Parcel ID Number: 3415-501-0020-000-7 (Rezoning a Portion) 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 the CG (Commercial, General) Zoning District to the PUD (Planned Unit Development) Zoning District and to make a notation of the reference to the date of adoption of this Resolution. Resolution No. 2022-227 Page 3 File No: PD-2207-000017 FKA PUD_RZ-3202226351) 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 Eden Oaks 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 Red Tail Design Group, Inc on September 16, 2022, and date stamped received by the St. Lucie County Planning & Development Services Department on October 17, 2022, as attached and incorporated herein as Exhibit "C", and subject to the following conditions.- 1 The Community Clubhouse or similar use facilities shall be consistent with the Community Architectural Standards of St. Lucie County Land Development Code, Section 7.10.24. 2. Prior to Major Site Plan approval, a finalized tree mitigation plan consistent with Land Development Code 6.00.05.D shall be provided. 3. Prior to Major Site Plan approval, a finalized landscape plan consistent with Land Development Code 7.09.00 shall be provided. 4. Prior to issuance of a Vegetation Removal Permit or Exemption, the proposed fee -in -lieu for the outstanding tree mitigation balance shall be provided to the SLC Tree Fine and Mitigation Fund. 5. 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 Florida Fish and Wildlife Conservation Commission (FWC) protocol prior to initiation of any clearing activities onsite. 6. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. D. The Preliminary PUD Site Plan approvals granted by this Resolution shall expire on December 6, 2024 unless a Final Site Plan approval 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 Resolution No. 2022-227 Page 4 File No: PD-2207-000017 FKA PUD_RZ-3202226351) "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. G. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B" was signed by the applicant on July 5, 2022. H. A copy of this Resolution shall be mailed to the owner the of record as identified on the application. This Resolution shall be recorded in the Public Records. J. ADOPTION After motion and second, the vote on this Resolution was as follows: Cathy Townsend, Chair AYE Linda Bartz, Vice -Chair AYE Chris Dzadovsky, Commissioner AYE Larry Leet, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED this 6th day of December, 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Resolution No. 2022-227 Page 5 File No: PD-2207-000017 FKA PUD_RZ-3202226351) ATTEST: DEPUTY CLER �J-j COP%�StA * m ti r t�`COUNry, F��O APPROVED AS TO FORM AND CORRECTNESS: Resolution No. 2022-227 Page 6 File No: PD-2207-000017 FKA PUD_RZ-3202226351) EXHIBIT "A" (LOCATION MAP) Lo.ca.ti.o.r- ,o rU • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Eden Oaks FLUMA-2202226314 & PUD RZ-3202226351 1 -------- 5 Resolution No. 2022-227 Page 7 File No: PD-2207-000017 FKA PUD_RZ-3202226351) EXHIBIT "B" (CERTIFICATE OF CONCURRENCY DEFERRAL) Supplement 4 St. Lucie County Concurrency Deferral Affidavit I. Tod Mower residing or doing business at _ 100 S. 2nd street e beet Fort Pierce Florida 34950 772.742.15M city Slate — ice— one have applied for a Planned Use Development from St. Lucie County, Florida, Type at Ce.ekVmttw OrVer for the following project: Eden Oaks Name of Pfopascd evemprne Parcel ID Number(s): 3495-sot-0020-000-7 I 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 fina! development order for the same property, 1 understand and acknowledge that the above fisted 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 SL Lucie County LDC, 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. Tod Mowery '� January 27, 2022 p icarn Narrop(Printed) 9nalure a 77pplicarit ate: STATE OF Fii— COUNTY OF D%VI n The foregoing instrument was acknowledged before me this 'S day of 20To _ by G1 QyW who is personally kn `own to me or who has produced as identification. na ure a. etary —hype o l ill dam Ot Natary Commission Number MEUSSASUAREZ r W COMUISS3:1lt R GG 2T2199 `;yy ,41 WIRES: FOntaryB,2027 •rp•!t°', BPMcQ Thor HrurHde UaCenMprs Page 11 of 11 Revised. June 19. 2008 Resolution No. 2022-227 Page 8 File No: PD-2207-000017 FKA PUD_RZ-3202226351) EXHIBIT CCUI (PRELIMINARY PUD SITE PLAN) m Tarrwcl Ur <1 H gel! �,vmloqml if I i I, Vic AV,14� ig Rig F m "I if rA NJ fit If - - - - - - - - - - Abe ,jill6 EDEN OAKS 6201 S LS HIGHWAY I - --- ------ ____ IT a m PRELIN MARY PUD _j) TA I I CONCEPTUAL SITE PLAN Resolution No. 2022-227 Page 9 File No: PD-2207-000017 FKA PUDRZ-3202226351)