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Home My WebLink About23-126 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT S M1 LUCIE COUNTY FILE 0 5229402 08/142023 1.0255783480Z RR BOOK W29 PgGE 2J]) Type:RESO RECORDING: ffit W RESOLUTION 2023-126 File Numbers: MJSP-2301-000106 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A FINAL MAJOR SITE PLAN FOR +/-16.67 ACRES KNOWN AS THE EDEN OAKS 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: 1) Red Tail Design Group on behalf of Eden Oaks Owner LLC. presented a petition a Final (Major) PUD Site Plan to develop a 200-dwelling unit multi- family project across +/-14.29-acres and retain a +/- 2.38-acre commercial outparcel, within the PUD (Planned Unit Development) and CG (Commercial, General) Zoning Districts, respectively, 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, and approved the Zoning Atlas Amendment (Rezoning) and Preliminary PUD Site Plan for the project to be known as Eden Oaks PUD, for the property described in Part "A". 4) The St. Lucie County Development Review Committee has reviewed the Final Site Plan 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 "B" of this Resolution. 5) The proposed project, with conditions of approval, will not have an undue adverse effect on adjacent property, the character of the neighborhood, Resolution No. 2023-126 Page 1 File No: MJSP-2301-000106 traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 6) 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. 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. 8) 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: A. The property on which Final (Major) PUD Site Plan 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. CONTAINING 16.67 ACRES, MORE OR LESS. Parcel ID Number: 3415-501-0020-000-7 Resolution No. 2023-126 Page 2 File No: MJSP-2301-000106 B. Pursuant to 11.02.05(B) of the St. Lucie County Land Development Code, the Final (Major) PUD (Planned Unit Development) 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 site plan drawings for the project, prepared by Red Tail Design Group, Inc on June 19, 2023, and date stamped received by the St. Lucie County Planning & Development Services Department on July 3, 2023, as attached and incorporated herein as Exhibit "C", and subject to the following conditions: 1. 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. 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 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. C. The Final (Major) PUD Site Plan approvals granted by this Resolution shall expire on August 1, 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. D. 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. E. The conditions set forth in Part "B" are an integral non -severable part of the Resolution No. 2023-126 Page 3 File No: MJSP-2301-000106 Final (Major) PUD site plan approval granted by this Resolution. If any condition set forth in Part "B" 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 Capacity Certificate, a copy which is attached to this Resolution as Exhibit "B" was signed by the Planning & Development Services Director on August 7, 2023. G. A copy of this Resolution shall be mailed to the owner the of record as identified on the application. H. This Resolution shall be recorded in the Public Records. 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 1st day of August, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIR APPROVED AS TO FORM AND COF *( v m J Ir Page 4 ='ice r00 rr, FW��r MUbU1uuun rvu. /-u/-.3-126 File No: MJSP-2301-000106 DEPUTY CLERK COUNTY ATTORNEY EXHIBIT "A" (LOCATION MAP) aks Resolution No. 2023-126 Page 5 File No: MJSP-2301-000106 EXHIBIT "B" (CERTIFICATE OF CAPACITr St Lucie County Certificate of Capacity Date S ' 2023 Certificate No. 3246 This document certifies that concurrency will be met and that adequate public facility capacity existsto maintain the standards forlevels of service as adopted in the St Lucie County Comorehensive Plan for: 1. Type of development Erg OaL-B N umber of units 200 Number of square feet 2. Property legal description & Tax ID no. 3413-301-0020-000-7 6201 S. US FEEhw.av 1 Eden oa1m 3. Aooroval: Buildina Resolution No. M23-126 Letter 4. Subject to the following conditions for concurrency: S,c•uthbotme Ri=-ht Tern Lane Owner's name Een Oaf &7--ner LLC Address 2501 SW 31at AVE Ste M CoconutGrove FL 33133 &, Certificate Expiration Date &1.,2025 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the sameterms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development ( rcu-4-4w4aued with this certificate, o r fo r s u b seq u e nt developniek� or r{ issproperty, use and size as described herein. e._ 1 Signed Date: &7 011 Planning and Development Services Director St Lucie County, Florida Resolution No. 2023-126 Page 6 File No: MJSP-2301-000106 EXHIBIT "C" (FINAL (MAJOR) PUD SITE PLAN) Resolution No. 2023-126 Page 7 File No: MJSP-2301-000106