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Home My WebLink About23-015 RESOLUTION 2023-15 File Numbers: PUD_RZ-5202126043 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A PLANNED UNIT DEVELOPMENT (PUD) INCLUDING REZONING FROM THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT AND A PRELIMINARY SITE PLAN FOR +/-6.37 ACRES KNOWN AS THE IBIS PUD LOCATED WITHIN 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) The Wynne Building Corporation, and representative, Dr. Alec Wynne 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 8000 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 voted to continue the matter until their December 15, 2022 meeting. 3) On December 15, 2022, the Planning & Zoning Commission continued their hearing and after discussion, the Commission voted unanimously to forward a recommendation of approval to the Board of County Commissioners for the petition for the property described in Part "A". 4) On January 10, 2023, 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. MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5151037 02/03/2023 04.50.04 PM OR BOOK 4946 PAGE 2482-2488 Doc Type RESO RECORDING: $61.00 Resolution No. 2023-15 PE File No: PUD-RZ-3202125970-25970 5) 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. 6) 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 7) The Wynne Building Corporation, and representative, Dr. Alec Wynne submitted a Preliminary PUD (Planned Unit Development) Site Plan to develop a ninety-six (96) unit multifamily development to be known as the Ibis PUD adjacent to commercial outparcel development for the property depicted in the attached map as Exhibit "A" and described in Part "A" below. 8) 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 voted to continue the matter until their December 15, 2022 meeting. 9) On December 15, 2022, the Planning & Zoning Commission continued their hearing and after discussion, the Commission voted unanimously to forward a recommendation of approval to the Board of County Commissioners for the petition for the property described in Part "A". 10) On January 10, 2023, 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. 11) 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. 12) The proposed project, with conditions of approval, will not have an undue adverse effect on adjacent property, the character of the neighborhood, Resolution No. 2023-15 Page 2 File No: PUD-RZ-3202125970-25970 traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 13) 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. 14) 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. 15) 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: A PORTION OF ST. LUCIE GARDENS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 35, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 4X4 CONCRETE MONUMENT LOCATED AT THE NORTH WEST CORNER OF SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, THENCE SOUTH 00020'23" EAST, A DISTANCE OF 399.39 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 1 (A 200 FOOT WIDE RIGHT-OF-WAY) (PER FLORIDA D.O.T. MAP, PROJECT No. 94010-2533); THENCE SOUTH 27°53'50" EAST, ALONG SAID EAST RIGHT- OF-WAY, A DISTANCE OF 1271.30 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 27°53'50" EAST, ALONG SAID LINE, A DISTANCE OF 906.26 FEET; THENCE, DEPARTING SAID RIGHT-OF-WAY, NORTH 62°05'30" EAST, A DISTANCE OF 111.50 FEET; THENCE SOUTH 27053'50" EAST, A DISTANCE OF 188.00 FEET; THENCE NORTH 89056'17" EAST, A DISTANCE OF 111.15 FEET; THENCE SOUTH 00021'45" EAST, A DISTANCE OF 12.00 FEET; THENCE NORTH 89°56'17" EAST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°21'45" EAST, A DISTANCE OF 88.05 FEET TO A POINT LOCATED APPROXIMATELY 2.0 FEET NORTH OF THE Resolution No. 2023-15 Page 3 File No: PUD-RZ-3202125970-25970 NORTH EDGE OF PAVEMENT OF MEDITERRANEAN BOULEVARD SOUTH (A PRIVATE ROADWAY), SAID LINE BEING IDENTIFIED AS A "REFERENCE LINE" ON THE SURVEY HEREON; THENCE NORTH 89°56'17" EAST, ALONG SAID "REFERENCE LINE", A DISTANCE OF 28.07 FEET; THENCE NORTH 00038'48" WEST, A DISTANCE OF 129.98 FEET; THENCE NORTH 83052'26"WEST, A DISTANCE OF 38.42 FEET TO A POINT OF CURVATURE OF A NON TANGENT CURVE TO RIGHT, WHICH THE RADIUS POINT LIES NORTH 24036'29" EAST, A DISTANCE OF 132.92 FEET; THENCE NORTHWESTERLY, ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 37033'53", AN ARC DISTANCE OF 87.15 FEET TO A POINT OF TANGENCY; THENCE NORTH 27049'38" WEST, A DISTANCE OF 891.38 FEET, THENCE NORTH 03045'50" EAST, A DISTANCE OF 22.85 FEET; THENCE NORTH 27021'25" WEST, A DISTANCE OF 156.41 FEET TO A POINT IDENTIFIED AS A "REFERENCE LINE" ON THE SURVEY HEREON;THENCE SOUTH 62005'30" WEST, ALONG SAID "REFERENCE LINE", A DISTANCE OF 272.51 FEET, TO THE POINT OF BEGINNING. CONTAINING 6.370 ACRES (277,473.73 SQUARE FEET), MORE OR LESS. Parcel ID Number: 3414-501-1701-000-9 (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. 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 Ibis 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 MAI Design Build dated February 5, 2021, revised through December 5, 2022 and date stamped received by the St. Lucie County Planning & Development Services Department on December 6, 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. Resolution No. 2023-15 Page 4 File No: PUD-RZ-3202125970-25970 2) The Final (Minor) Site Plan shall include the proposed transit stop adjacent to the project entrance. The applicant shall coordinate with St. Lucie County Transit and the Florida Department of Transportation, to ensure permitting and construction are concurrent with the certificate of occupancy. 3) The Final (Minor) Site Plan shall be conditioned to require a Site Lighting certification by a photometric engineer prior to final inspection, verifying no direct light spillover to adjacent single-family residences. 4) Trees placed within 10 FT of drainage structures or pipe shall include a root barrier product to protect the drainage system. 5) Prior to any ground disturbance or impacts to any vegetation, a vegetation removal permit or exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 6) Prior to issuance of a vegetation removal permit/exemption, listed species surveys may be required. If any listed species impacts are found to be present as a result of these surveys, appropriate mitigative measures per state and federal agency requirements shall be provided prior to initiation of any clearing activities. 7) Prior to any ground disturbance or impacts to any vegetation, a vegetation removal permit or exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 8) The Developer shall continue overall stormwater and maintenance improvements on the subject parcel to ensure project design and implementation do not adversely affect existing development on the overall site. D. The Preliminary PUD Site Plan approvals granted by this Resolution shall expire on January 10, 2025 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 Resolution No. 2023-15 Page 5 File No: PUD-RZ-3202125970-25970 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. G. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B" was signed by the applicant on January 25, 2021. 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 10th day of January, 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY. HAIR Resolution No. 2023-15 Page 6 File No: PUD-RZ-3202125970-25970 ATTEST: DEPUTY CLERK o��Y CO��'� Z m %Y, FI�R�� APPROVED AS TO FORM AND CORRECTNESS: in Resolution No. 2023-15 Page 7 File No: PUD-RZ-3202125970-25970