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Home My WebLink About23-217 RESOLUTION 2023-217 File Numbers: PD-2304-000027 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM THE AG-1 (AGRICULTURAL-1) ZONING DISTRICT TO THE PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) ZONING DISTRICT AND A PRELIMINARY PNRD SITE PLAN TO BE KNOWN AS THE ORANGE AVENUE 35 AC PNRD ON +/- 34.81 ACRES OF PROPERTY LOCATED AT 126 SHINN ROAD, SAINT 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) Redtail Design Group, on behalf of the Owners Gary & Lisa White, presented a petition for an Amendment to the Official Zoning Atlas from the AG-1 (Agricultural-1) Zoning District to the PNRD (Planned Non-Residential District) Zoning District, for certain property in St. Lucie County, Florida, located at 126 Shinn Road, Fort Pierce FL, as depicted on the attached map as Exhibit A and described in Part A below. 2) After proper public notice including installation of two signs on the subject property, publication of notice in the newspaper, and mailed notice to all owners of property within 500 feet of the subject property, on October 19, 2023, the St. Lucie County Planning and Zoning Commission held a public hearing, 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) After publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property, and mailing notice to all owners of property within 500 feet of the subject property, on November 14, 2023, the Board of County Commissioners held a public hearing on this petition, 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 applicable technical requirements and MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5291301 01/23/2024 08:35:56 AM DR BOOK 5097 PAGE 2454-2462 Doc Type:RESO Resolution No. 2023-217 RECORDING: $78.00 Page 1 File No: PD-2304-000027 to be consistent with the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part C of this Resolution. 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) Redtail Design Group on behalf of the property owners, Gary & Lisa White, submitted a Preliminary PNRD (Planned Non -Residential Development) Site Plan for development of a three (3) lot light industrial subdivision to be known as the Orange Avenue 35 AC PNRD for the property depicted in the attached map as Exhibit "A" and described in Part A below. 7) The St. Lucie County Development Review Committee has reviewed the Preliminary PNRD 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. 8) After proper public notice, including installation of two signs on the subject property, publication of notice in the newspaper, and mailed notice to all owners of property within 500 feet of the subject property, on October 19, 2023, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, 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. 9) After proper public notice, including installation of a sign on the subject property, publication of notice in the newspaper, and mailed notice to all owners of property within 500 feet of the subject property, on November 14, 2023, the Board of County Commissioners held a public hearing on this petition, at which all interested persons were given an opportunity to be heard. 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. Resolution No. 2023-217 Page 2 File No: PD-2304-000027 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. 13) The proposed project will be served by private wells and on -site septic systems until central services become available. 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 AG-1 (Agricultural -1) to PNRD (Planned Non -Residential District) is being granted is described as follows: A PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SW 1/4) OF SAID SECTION 7; THENCE NORTH 89°57'44" EAST FOR 108.00 FEET; THENCE NORTH 89051'51" EAST FOR 5.00 FEET; THENCE NORTH 89057'45" EAST FOR 1,201.84 FEET; THENCE NORTH 00001'54" WEST FOR 1,336.20 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89059'10" WEST FOR 1,204.27 FEET; THENCE NORTH 00008'09" WEST FOR 622.40 FEET; THENCE NORTH 89056'58" EAST FOR 209.24 FEET; THENCE NORTH 00°18'19" WEST FOR 208.83 FEET; THENCE SOUTH 89038'58" WEST FOR 208.62 FEET; THENCE NORTH 00008'09" WEST FOR 457.58 FEET, THENCE NORTH 87021'17" EAST FOR 3.72 FEET; THENCE SOUTH 89012'17" EAST FOR 50.01 FEET; THENCE NORTH 89004'36" EAST FOR 100.00 FEET; THENCE NORTH 89004'36" EAST FOR 300.01 FEET; THENCE NORTH 89038'58" EAST FOR 400.00 FEET; THENCE SOUTH 89046'39" EAST FOR 300.01 FEET; THENCE SOUTH 89°29'28" EAST FOR 52.91 FEET; THENCE SOUTH 00001'54" EAST FOR 1294.77 FEET TO THE POINT OF BEGINNING. CONTAINING 34.81 ACRES, MORE OR LESS. Parcel ID Number: 2307-421-0001-000-8 (northern +/- 34.81 acres only) Resolution No. 2023-217 Page 3 File No: PD-2304-000027 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 AG-1 (Agricultural— 1) to PNRD (Planned Non -Residential District) and to make notation of the reference to the date of adoption of this Resolution. PRELIMINARY PNRD SITE PLAN C. Pursuant to 11.02.05(B) of the St. Lucie County Land Development Code, the PNRD (Planned Non -Residential Development) Preliminary Site Plan for the project known as Orange Avenue 35 PNRD is hereby approved/denied, for the subject property described in Part "A" above, as shown on the preliminary site plan drawings for the project, prepared by Redtail Design Group, Inc. and dated September 15, 2023, and date stamped received by the St. Lucie County Planning & Development Services Department on September 15, 2023, as attached and incorporated herein as Exhibit C, and subject to the following conditions: The Preliminary Development Plan shall be amended to include the following notes: 1) No permanent improvement shall be located north of the base building line. 2) The maximum Floor Area Ratio for any development on Lots 1, 2 and 3 is 0.5. 3) Final Site Plan approval shall require: a. A survey containing the information required by LDC Section 11.02.10.A.2. including the limits and elevations of any jurisdictional wetlands shall be provided. b. A landscape plan consistent with Land Development Code 7.09.00 shall be provided. c. Ingress and egress and cross -access easements for Lots 2 and 3 (LDC Section 7.10.24). d. Any gated access to conform to LDC Section 7.10.15. e. Demonstration of compliance with LDC Section 7.07.00 through 7.07.10., Stormwater Management. f. An Environmental Impact Report (EIR) consistent with LDC Section 11.02.09.A.5. including but not limited to state and federal listed species - specific surveys, habitat mapping, soils surveys, and an evaluation of avoidance and minimization of impacts to natural resources. g. A wetland delineation and jurisdictional determination and, if necessary, an application for a wetland waiver, pursuant to LDC Section 6.02.03. Resolution No. 2023-217 Page 4 File No: PD-2304-000027 h. The submission of architectural elevations demonstration compliance with LDC Section 7.10.24, Community Architectural Standards. i. A Traffic Impact Analysis that complies with LDC Section 11.02.09.A.4. j. A tree survey and tree mitigation plan, if applicable, per LDC Section 11.02.09.A and 6.00.05.D, respectively. D. The Preliminary PNRD Site Plan approval granted by this Resolution shall expire on November 16, 2025, unless a Building Permit is obtained, or an extension is granted in accordance with LDC Section 11.02.06(B)(3). E. The developer is advised as part of this approval that the property owners, 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 above are an integral, non -severable part of the Preliminary Site Plan approval granted by this Resolution. If any condition set forth in Part C above is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the Preliminary Site Plan approval granted by this Resolution shall become null and void. G. A Concurrency Deferral Affidavit, a copy of which is attached hereto as Exhibit B and made a part hereof the Resolution, was signed by the applicant on January 5, 2024. H. The conditions set forth in Part C are an integral non -severable part of the approval granted by this Resolution. If any condition set forth in Parts C is determined to be invalid or unenforceable for any reason and the applicant or property owner declines to comply voluntarily with that condition, the approval granted by this Resolution shall become null and void. Resolution No. 2023-217 Page 5 File No: PD-2304-000027 I. A copy of this Resolution shall be provided to the owner of record as identified on the application. 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 14T" day of NOVEMBER, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: �L OMM/s BY: DEPUTY CLER -A.`s10 U q� ®l Cn IPA , a cY `GC�F COUN'r`�� Resolution No. 2023-217 Page 6 File No: PD-2304-000027 EXHIBIT A (LOCATION MAP) Resolution No. 2023-217 Page 7 File No: PD-2304-000027 EXHIBIT B St. Lucie County Concurrency Deferral Affidavit 1, Peterka Vlada residing or doing business at 100 S. 2nd Street Name Street Fort Pierce FL, 34950 7Z4540 Q298 ,Q. City T . State Zip phmte have applied for a Rezoning and preliminary PNRD from St. Lucie County, Florida, Type ofDevelopnrent Order for the following project: ORANGE AVENUE 35 AC PNRD Namc of Proposal Dcvclopmcnt 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 final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can snake 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 St. Lucie County Land Development Code, 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 tights to develop the subject property. Signed: Date: January 5, 2024 Applicant STATF OF FLORIDA cotArYoF SAINT LUCIE The foregoing instrument was acknowledged before me this 5th — day of January 2t7 24 , by Vlada Peterka who k potsonully known in me or who has prodacod as identification. } Tod Mowery _ 5igmanne of Notary Typc or Print Namc of Notatry GG96757 6 Connnission Number ($cal) MONVE'% HpIM' P4N11•Blpa W-akM1Jf ' Gcm�iwatt�66 BN7eia Id, Ca ke:anlryr,e Nreh 1G as]a Paagc t of t Rcvi5a1: April 1, 2(KIK Resolution No. 2023-217 Page 8 File No: PD-2304-000027 EXHIBIT C PRELIMINARY PNRD SITE PLAN J 7n� I I rf [� $ ` . , [� � .�| \ /)ƒ� �� WE |i ` § ^ 45 � � ��(] ��9/m)§ 7 »| �| §| | § § §| ff j: � � � �.I | � |� / /� � /§ /j � § Resolution No. 2023-217 Page 9 File No: PD-2304-000027