Loading...
HomeMy WebLinkAbout24-008 RESOLUTION No. 2024-8 FILE NO.: PD-2302-000024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING ATLAS FROM THE PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT AND APPROVING A PRELIMINARY PUD SITE PLAN TO BE KNOWN AS THE DRAWDY-ANGLE ROAD PUD, ON +/- 202.2 ACRES LOCATED SOUTHEAST AND SOUTHWEST OF THE INTERSECTION OF ANGLE AND ROCK ROADS, IN ST LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on testimony and evidence, including, but not limited to the staff report, has made the following determinations: ZONING ATLAS AMENDMENT 1) Engineering Design & Construction, Inc. on behalf of Drawdy Properties, LLC, presented a petition for an Amendment to the Official Zoning Atlas from PUD (Planned Unit Development) Zoning District to the PUD Zoning District for property located at 7905 Angle Road, in Fort Pierce, Florida, as depicted on the attached map as Exhibit "A" and described in Part " A" below. 2) On September 28, 2023, the St. Lucie County Planning and Zoning Commission held a public hearing on this petition, after installing a sign on the property, publishing notice in the St. Lucie News Tribune on September 15, 2023, 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 passed a motion to continue the hearing to October 19, 2023. 3) On October 19, 2023, the St. Lucie County Planning and Zoning Commission continued the public hearing and passed a motion to recommend the Board of County Commissioners approve the request for the property described in Part "A" below. 4) On January 9, 2024, the Board of County Commissioners of St. Lucie County, Florida, Commission held a public hearing on this petition, after installing a sign on the property, publishing notice in the St. Lucie News Tribune on December 29, 2023, 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. 5) The St. Lucie County Development Review Committee has reviewed the 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. 6) The proposed change in zoning satisfies the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. NICHELLE R.MILLER.CLERK OF THE C.'.iCUIT COURT SAINT LUCIE COUNTY FILE# 5294129 01/30/2024 01 14:47 PM DR BOOK 5100 PAGE 2098-2107 Doc Type:RESO/DEED RECORDING: $86.50 Resolution No. 2024-8 File No.: PD-2302-000024 Page 2 PRELIMINARY PUD SITE PLAN 7) Engineering Design & Construction, Inc. on behalf of Drawdy Properties, LLC, presented a Preliminary PUD (Planned Unit Development) Site Plan to develop a four hundred two (402) lot single-family subdivision to be known as the Drawdy — Angle Road Residential PUD including stormwater improvements, common open space and recreational areas, for the property depicted in the attached map as Exhibit A and described in Part A below. 8) 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 "B" of this Resolution. 9) 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. 10) 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. 11) 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. 12) The proposed project will be served by the Fort Pierce Utility Authority for water and wastewater services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: ZONING MAP AMENDMENT A. The property on which the Zoning Map Amendment, or change in zoning, from PUD (Planned Unit Development) Zoning Districts to Drawdy —Angle Road Residential PUD (Planned Unit Development) is being granted is described as follows: Legal Description: PARCEL 1: A PARCEL OF LAND LYINGIN SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST ONE HALF OF THE EAST ONE HALF OF SAID SECTION 2, LYING NORTH OF INTERSTATE HIGHWAY NO. 95 "(I-95)" (A 324.00 FOOT RIGHT OF WAY), EXCEPTING THEREFROM A PARCEL DESCRIBED IN OFFICIAL RECORDS Resolution No. 2024-8 File No.: PD-2302-000024 Page 3 BOOK 282, PAGE 330, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH: THE EAST ONE HALF OF THE NORTHWEST ONE QUARTER OF SAID SECTION 2; LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE S 89"26'53" E ALONG THE NORTH LINE OF SAID SECTION 2 A DISTANCE OF 1375.33 FEET TO THE WEST LINE OF THE EAST ONE HALF OF THE NORTTHWEST ONE QUARTER OF SAID SECTION 2, ALSO BEWING THE POINT OF BEGINNING; THENCE CONTINUIE ALONG THE SAID NORTH LINE S 89"26'53" E A DISTANCE OF 200.01 FEET TO A POINT BEING 200.00 FEET EAST (AS MEASURED AT RIGHT ANGLES) OF THE WEST LINE OF THE EAST ONE HALF OF THE NORTHWEST ONE EQUARTER OF SECION 2; THENCE DEPARTING SAID NORTH LINE S 00"0350" W ALONG A LINE PARALLEL WITH AND 200 FEET EAST OF THE WEST LINE OF THE EASS ONE HALF OF THE NORTHWEST ONE QUARTER OF SECTION 2, A DISTANCE OF 1330.88 FEET TO A POINT BEING 50.00 FEET NORTH (AS MEASURED AT RIGHT ANGLES) OF THE EAST-WEST ONE QUARTER — ONE QUARTER SECTION LINE; THENCE N 89"47'42" W ALONG A LINE PARALUEL \\ITH ANO 50.00 FEET NORTH OF THE SAID EAST-WEST ONE QUARTER - ONE QUARTER LINE A DISTANCE OF 100.00 FEET TO A POINT BEING 100.00 FEET EAST (AS MEASURED AT RIGHT ANGLES) OF THE SAID WEST LINE OF THE EAST ONE HAUF OF THE NORTHWEST ONE QUARTER; THENCE S 00"03'50" W ALONG A LINE PARALLEL WITH AND 100.00 FEET EAST OF THE SAID WEST LINE OF THE EAST ONE HALF OF THE NORTHWEST ONE QUARTER A DISTANCE OF 50.00 FEET TO A POINT ON THE EAST-WEST ONE QUARTER - ONE QUARTER SECTION LINE; THENCE N 89"47'42" W ALONG SAID EAST-WEST ONE QUARTER - ONE QUARTER LINE A DISTANCE OF 100.00 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE HALF OF THE NORTHWEST ONE QUARTIER OF SECTION 2; THENCE N 00"03'50" E ALONG SAID WEST LINE OF THE EAST ONE HALF OF THE NORTHWEST ONE QUARTER A DISTANCE OF 1382.09 FEET TO A POINT ON THE SAID NORTH LINE OF SECTION 2, ALSO BEING THE POINT OF BEGINNING, ALSO LESS AND EXCEPTING THEREFROM ALL RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PARCEL II:THE NORTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER LYING NORTH OF THE 1-95 RIGHT OF WAY, LESS THE EAST 93 FEET FOR ROAD AND CANAL RIGHT-OF-WAY, LYING IN SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. PARCEL CONTAINS 202.196 ACRES, MORE OR LESS. Parcel ID Numbers: 2302-121-0001-000-2, 2302-131-0001-000-3, 2302-133-0001- 000-9, 2302-211-0002-000-5, 2302-311-0001-000-5, 2302-421-0001-010-6, 2302- 422-0001-000-6, 2302-422-0002-000-3, 2302-422-0003-000-0, & 2302-431-0001- 0004. PRELIMINARY PUD SITE PLAN B. Pursuant to 11. 02.05( B) of the St. Lucie County Land Development Code, the PUD Resolution No. 2024-8 File No.: PD-2302-000024 Page 4 Planned Unit Development) Preliminary Site Plan for the project known as the Drawdy — Angle Road 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 Engineering Design & Construction, Inc on November 13, 2023, as attached and incorporated herein as Exhibit "B", and subject to the following conditions: Planning and Development Services Department— Planning Division 1. The Final PUD Site Plan shall include the following elements. a. Allow for a mix of lot widths including 40', 45', 50', 55', and 80'-100'. b. Lots under 50' shall not comprise more than 50% of total units, as provided in the PDP. c. Require minimum front setback of 25' for lots 50' and over in width, and 35' for 40' and 45'-wide lots. When a front porch is provided with a minimum 6' depth, it shall be allowed to encroach into the front setback. d. Provide minimum 7.5' side setbacks for 45' and 55'-wide lots (East Pod), minimum 5' side setbacks for 40' and 50'-wide lots, and 15' side setbacks for 80'-100'-wide lots. Provide minimum 5' side accessory setbacks for 40' and 50'-wide lots (East Pod), minimum 3' side accessory setbacks for 45' and 55'-wide lots, and 10' side setbacks for 80'-100'-wide lots. e. Monolithic "cookie-cutter" blocks of the same lot width will be avoided by a lot diversity standard that does not allow for more than five adjacent 40' and 45'-wide lots. f. Provide for eastbound right turn lane into development (on to Rock Rd.) from Angle Rd. g. Include architectural design standards that prohibit the same elevation on adjoining lots and provide at least 10 floor plans/elevations. h. Provide refuse collection details for common recreational areas & amenities. i. Provide applicable design standards that will be utilized to guide the appearance of the planned development. j. Provide dimensional standards for construction of walkways, patios, front porches, or similar accessory structures within single-family lots. k. Detail intended maximum fence height and/or material standards, if alternative to LDC Section 8.00.04 - Fences, Walls, and Hedges. I. Provide details of typical lighting fixtures for streets and pedestrian walkways, avoiding spill-over to adjacent properties. Common area and individual lot exterior lighting shall be shielded and downcast to minimize light trespass. m. Provide sidewalks on both sides of Rock Road, or a fee-in-lieu with approval. The final PUD shall provide for a trail network linking up open space areas. Trails can be a mixture of paved walkways, stabilized surface, and natural (mulch, gravel, etc.). A trial shall loop around the lake in the southeastern portion of the property. n. Limit driveway width to 16' at the property line. Larger lots (50'-100' wide) may widen driveways up to 20' within the lot. o. Describe and locate traffic calming elements such as bulbs, chokers, neckdowns, chicanes, and landscape medians. p. With the exception of driveways, no impervious surfaces are allowed within required yard (setbacks), with the exception of impervious surface areas for trash cans, air conditioning units, and generators, not to exceed 80 square feet. q. Provide 40' wide buffer along the northwest property line adjacent to Parcels ID # 2302-212-0013-000-8 and 2302-213-0001-000-4. This buffer may include a berm(s) and enhanced landscaping. Resolution No. 2024-8 File No.: PD-2302-000024 Page 5 r. The final landscape plan shall incorporate a combination of ground cover; shrubs; and small, medium, and large evergreen trees to be planted within a minimum 50'- wide 1-95 right-of-way landscape buffer for Phase 2, planting the entire buffer including the berm, in a random fashion so that the plantings emulate a naturally occurring wooded area that serves as a "closed forest." In addition to the supplemental plantings (beyond what is required by the Landscape Code) proposed by the applicant, the buffer shall include four additional 1" dbh pines per 50 linear feet be planted in a scattered fashion in the enhanced buffer area. 2. Prior to the issuance of building permits for more than 40% (or 161 dwelling units) of residential construction with the PUD, the common recreation facilities planned to serve the development shall be completed. 3. The Final Site Plan may incorporate accessory dwelling units on lots 80' in width or wider. 4. Prior to the first Certificate of Occupancy, erect and maintain a sign at the intersection of the potential future connector and the eastern loop road informing of the future connector or provide a note on the plat or sales contract for eastern pod lots with references or disclosures to the potential future connector. 5. The Developer shall coordinate with County Engineering to design, permit and construct a westbound left turn lane onto Rock Road by the end of the first phase. 6. The developer, its successors, and assigns shall coordinate with County Engineering in reserving a 60' right-of-way to connect Rock Road to the eastern property line of the subject property through the open space area south of Phase 1. The Final PUD Site Plan shall show potential road locations, with the exact location being determined once a proper connection to Kings Highway has been identified. Environmental Resources Department 7. Prior to Major Site Plan approval, a finalized landscape plan consistent with Land Development Code 7.09.00 shall be provided. 8. Prior to Major Site Plan approval, a finalized tree mitigation plan consistent with Land Development Code 6.00.05.D shall be provided. 9. Prior to demolition activities, a barn owl nesting survey consistent with FWS protocol shall be provided. If nests are identified, no work can occur until the young have fledged as they are protected under the Migratory Bird Act during nesting/maternity season. Additionally, an environmental professional shall ensure the adult owls have left the structure prior to felling of the walls and roof. 10. Prior to demolition activities, barn owl boxes specifically as approved by the University of Florida Institute of Food and Agriculture (IFAS) for safe use shall be installed to attract the barn owls to remain onsite. 11. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a wading bird survey conducted between November and July and 30 days prior to site construction shall be provided where potential nesting habitat was observed around the 9.36-acre lake located within the southeast corner of the site. Coordination with U.S. Fish and Wildlife (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) shall be required in the event nesting habitat is identified, as the presence of listed nesting wading birds may require additional mitigative measures. 12. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the applicant's environmental consultant shall conduct a pre-construction meeting with all construction Resolution No. 2024-8 File No.: PD-2302-000024 Page 6 personnel, and shall be present onsite when work is being conducted within 330' of the potential nesting site to ensure compliance with FWS/FWC protocol/recommendations. 13. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, all other applicable listed species surveys shall be updated as necessary per individual species- specific requirements or written correspondence stating any potential impacts have been resolved from the appropriate state and federal agency. 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. 14. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. Public Works Department, Engineering 15. The project may be required to provide improvements to the intersection of Angle Road and Kings Highway. Specifics to be determined with Final Site Plan review. 16. A Road Improvement Agreement and appropriate bond will be required for all permanent improvements within the Right-of-Way. 17. A Site Development Permit will be required prior to commencement of construction. 18. Angle Road: Sidewalk shall be provided along each phase frontage. Arterial roadways shall include a minimum 6' wide sidewalk. The Board of County Commissioners may authorize the applicant to pay a Fee-in-Lieu of construction of the sidewalk. prior to issuance of a site development permit, design for the sidewalk or an approved Fee-in- Lieu of Construction will be required. Property Acquisitions 19. Within 90 days of final development approval, the applicant, property owner, developer, successors, or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the County Attorney, right-of-way along Rock Road and Angle Road, in an amount to be determined by the Public Works Department. C. The Preliminary PUD Site Plan approval granted by this Resolution shall expire on January 9, 2026, unless a Final Site Plan is approved, 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, St. Lucie County Fire 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. Resolution No. 2024-8 File No.: PD-2302-000024 Page 7 E. The conditions set forth in Part "B" are an integral and non-severable part of the Preliminary 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 Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "C" was signed by the applicant on February 2, 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. I. ADOPTION After the motion and second, the vote on this Resolution was as follows: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice-Chair AYE Larry Leet, Commissioner AYE Linda Bartz, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED this 9th day of January, 2024. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY C air ATTEST APP D AS TO FORM AND RRECTNES j2(144,d1-) �oMMs , f Deputy Clerk 0 fit^`' ��, County Att." IN A COUNTref Resolution No. 2024-8 File No.: PD-2302-000024 Page 8 Exhibit A Location Map \J: 0 v c 4 O d w N red c ... c WwD ce Subject N , o \ Property r o St Lucie Blvd o o` re a cI m Juanita Ave d rr '9 4,O. L 1 N Orange Ave r N a AN >, a et .o Q- o: c ee cG O... x y N M O,o c w N c E ear C 0/ Y �e .cp c c R O �� oa x ' = Virginia e Av Resolution No. 2024-008 File No.: PD-2302-000024 Page 9 Exhibit B Preliminary PUD Site Plan al h Ii.}=iIIIIIINirilllifipilib ill' bP "+ RRIIII:q:l lt3ill 1ji V 6FWMD CANAL NO.eas 1 i l ,4T pit:I s ll F w. >.m lr ill 3 ali y'�s.yi�1} jii it y il II; a 19o�.}iY,2i}lI� WI:, �- etc 1 �ANOL6 ROAD f �.a .. 1 1 �Y412` II Y.I; .1! 1 1 --- l —'Wit;„-1R —?4.-+s=... l' . �N1i°Yi:€41g II:I 5 9 II �; .-Trr� o`,` T'v� /IE' __waaa=aasss A' ii _i1ii; 6 F II , y I '1 l _ 1 R l'gni'l.l!., I 1h � l i lX^Ty l n-., ly. �t ii�il - �i g 4"e R,io it"e= Y . 141 =¢� - i ; .- s�i ° F 4 y Y Y i,o36 ti ipsi x. a II ii • r }I p iii .` .. �1SI, I — i' i l,ii's,„ i,,fi i! . `/ 11 it 1 'i ;1 i"Y i' 1 i 'Fy' i `€ i i xhitif 0 c R I 1 ;_ v li 1 iI r i�1fl it ali . }f . Y 1VIt, $ .fir„ III ll'lH IIr :111 IN�1 `7 ! _ 4,- i N4\ d d — 1I - ii V 1� =0. y; it 14 1• .1 '4 i i- 'y' } i° lig is ij 9 :4 s! IRS I } t MR t i 11 Yi a I ; i 11i1 ill. t# r . . . Ili : ;s �1 idd 1" k • ._= i —icy i " i,I rl i �' '�� II is I r R9 f i 7h• U Ole 1 I 9 € ?1 1 cl ill i 6i �I `I� u :� _,EFI g I, i1 II; y 1; it j? s i1 ; I I R ;Fr e '1' , I 'r" -- R -% 'tl i i•• 11 r- ,l' i i , l., ,x,L-J \ fi�.....91 ,,,,,,,,a_._„_,.,— J `%... .. r 1 q I i ----- I -'-'I , 11 I .a ill I r 1 1 ,, _ �, I I I 27 el 1, _ R 1 . 1 el ��\ II I1 of N :...`_.J fill!! i i iDAiioiiii p "la 11 i YY/ 1�;ii 6g II � � ,:lfs9$ a9 iAjs a u 1? •gt. 0 CC i i 1'=ill �11:11, . A ii -- <'; 1 in s! C @ X _, Il t I, i iia5 $iii' " n }E s §?'? �9 §; i '�I.l' I DRAWDY-ANGLE ROAD ,� ilia] O w I t I. • RESIDENTIAL-40',60',3100'LOTS • €,, q i 1u. s ,(� } PRELIMINARY DEVELOPMENT PUN _ y1 I? 6 Pi �11nnfHWfi*rriry�annrnnn-InnrlfX• iinmmnnrnn-- nmmnnrnmm�-nnn lmn,nnr - Horn ntinnrnmmnm" rtronni nnnlnnrnnr-- Resolution No. 2024-008 File No.: PD-2302-000024 Page 10 Exhibit C Concurrency Deferral Affidavit St.Lucie County Concurrency Deferral Affidavit 1, Bradley J.Currie(Auth Agent) ,residing or doing business at 10250 SW Village Pkwy Ste 201 Name Street Port St.Lucie FL , 34987 , 772-462-2455 City State Zip Phone have applied for a Planned unit Development from St.Lucie County,Florida, Type of Development Order for the following project:Drawdy-Angle Roan Residential Name of Proposed Development 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 make no guarantee that adequate public facilities will be available when 1 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 he 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. Signed: ✓/ `--'� Date: o?'aZ •a o 2 y Appli ant STATE OF FLORIDA COUNTY OF St._ucie rt 223 The foregoing instrument was acknowledged before me this day of Q —1 ,20 by Bradley J.Currie(Auth Agent) ho is personally known to me r who has produced as identification. Patricia M.Sesta Signature of Notary Type or Print Name of Notary HH006694 Commission Number (Seal) 'pot Notary Pubko saw o+Flaada f Patricia M Sesta My ConamO6Nt12Wmnron HM 4 006604 Eap Page 1 of l Revised: April 1,2008