HomeMy WebLinkAbout24-005 RESOLUTION 2024-05
File Number: PUD-RZ-32022-26315
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FROM THE
AG-1 (AGRICULTURAL-1), AR-1 (AGRICULTURAL, RESIDENTIAL-1), AND
RS-2 (RESIDENTIAL, SINGLE-FAMILY-2) ZONING DISTRICTS TO THE PUD
(PLANNED UNIT DEVELOPMENT) ZONING DISTRICT AND APPROVING A
PRELIMINARY DEVELOPMENT PLAN TO BE KNOWN AS EAGLE BEND
PUD WHICH PROVIDES FOR 1,713 DWELLING UNITS AND ASSOCIATED
IMPROVEMENTS, ON +/-387.89 ACRES LOCATED IN 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) EDC, Inc. on behalf of the property owner, Whalou Properties, LLC presented a
petition to amend the Official Zoning Atlas from the AG-1 (Agricultural-1), AR-1
(Agricultural, Residential — 1) and RS-2 (Residential, Single-Family-2) Zoning
Districts to the PUD (Planned Unit Development) Zoning District, for certain
property in St. Lucie County, Florida, located south of Angle Road and east of
W. Johnson Pierce as depicted on the attached map as Exhibit A and
described in Part A below.
2) After installation of signs on the property, notice was mailed to all owners of
property within 500 feet of the subject property, and notice was published in the
St. Lucie News Tribune at least 10 days before the hearing, on November 16,
2023, the St. Lucie County Planning and Zoning Commission held a public
hearing on this 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.
3) After installation of signs on the property, notice was mailed to all owners of
property within 500 feet of the subject property, and notice was published in the
newspaper at least ten days before the hearing, on January 9, 2024, 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 the technical requirements and to be
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5297416 02/07/2024 12:30:44 PM Resolution No. 2024-05
OR BOOK 5104 PAGE 1527-1537 Doc Type:RESO File No: PUD RZ 32022 26315
Page 1 RECORDING: $95.00
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 PUD SITE PLAN
6) EDC, Inc. on behalf of the property owner, Whalou Properties, LLC submitted a
Preliminary Development Plan for development of a residential development to
be known as the Eagle Bend PUD, for up to 1,713 dwelling units including
detached single-family dwellings, townhouses, and apartment buildings,
dedication of right-of-way and construction of Jenkins Road and Avenue G
segments, creation of a +/- 23-acre buffer zone surrounding a Bald Eagle's
nest, a +/- 9-acre public park, pedestrian access to the Westwood Academy
High School, and other related development, for the property depicted in the
attached map as Exhibit A and described in Part A below.
7) After installation of signs on the property, notice was mailed to all owners of
property within 500 feet of the subject property, and notice was published in the
St. Lucie News Tribune at least 10 days before the hearing, on November 16,
2023, the St. Lucie County Planning and Zoning Commission held the public
hearing on this 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.
8) After installation of signs on the property, notice was mailed to all owners of
property within 500 feet of the subject property, and notice was published in the
St. Lucie News Tribune at least 10 days before the hearing, on January 9,
2024, the Board of County Commissioners held a public hearing on this
petition, 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.
Resolution No. 2024-05
Page 2 File No.: PUD-RZ-32022-26315
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 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 ATLAS AMENDMENT
A. The property on which the Zoning Atlas Amendment, or change in zoning, from
AG-1 (Agricultural-1), AR-1 (Agricultural, Residential — 1) and RS-2 (Residential
Single-Family-2) Zoning Districts to the PUD (Planned Unit Development) Zoning
District, is being granted is described as follows:
Legal Description:
A PARCEL OF LAND BEING A PORTION OF SECTION 1, TOWNSHIP 35 SOUTH,
RANGE 39 EAST, AND A PORTION OF SECTION 6, TOWNSHIP 35 SOUTH,
RANGE 40 EAST, ALL LYING IN ST. LUCIE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 6, THENCE
SOUTH 00°12'47" EAST, ALONG THE WEST LINE OF SAID SECTION 6, A
DISTANCE OF 44.58 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY LINE OF ANGLE ROAD (A VARIABLE WIDTH RIGHT-OF-WAY), SAID
POINT BEING THE POINT OF BEGINNING;
THENCE SOUTH 89°46'18" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 523.45 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHERLY, SAID CURVE HAS A RADIUS OF 1,882.16 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 25°35'40" AN ARC DISTANCE OF 840.77 FEET TO A
POINT OF NON-RADIAL INTERSECTION WITH THE EAST LINE OF THE
WEST 1/2 OF THE NORTHWEST '/4 OF SAID SECTION 6; THENCE SOUTH
00°15'41" EAST, ALONG SAID EAST LINE, A DISTANCE OF 2,443.53 FEET
TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE
NORTHWEST % OF SAID SECTION 6; THENCE SOUTH 00°12'50" EAST,
ALONG THE EAST LINE OF THE NORTHWEST % OF THE SOUTHWEST '/4
Resolution No. 2024-05
Page 3 File No.: PUD-RZ-32022-26315
OF SAID SECTION 6, A DISTANCE OF 1,323.46 FEET TO A POINT OF
INTERSECTION WITH THE SOUTH LINE OF SAID NORTH WEST 1/4 OF THE
SOUTHWEST 1/4; THENCE NORTH 89°44'18" WEST, ALONG SAID SOUTH
LINE, A DISTANCE OF 1,287.43 FEET TO A POINT OF INTERSECTION WITH
THE EASTERLY RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER
CONTROL DISTRICT CANAL NUMBER 3 (A VARIABLE WIDTH RIGHT-OF-
WAY); THENCE NORTH 00°10'25" WEST, ALONG SAID EAST RIGHT-OF-
WAY LINE, A DISTANCE OF 659.72 FEET TO A POINT OF INTERSECTION
WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 6; THENCE NORTH 89°49'40" WEST,
ALONG SAID PARALLEL LINE, A DISTANCE OF 48.00 FEET TO THE WEST
LINE OF SAID SECTION 6; THENCE NORTH 00°10'25" WEST, ALONG SAID
WEST SECTION LINE, A DISTANCE OF 26.00 FEET TO A POINT OF
INTERSECTION WITH A LINE LYING AND BEING 13.00 FEET NORTH OF
AND PARALLEL WITH THE SOUTH LINE OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 1; THENCE
SOUTH 89°44'29" WEST, ALONG SAID PARALLEL LINE A DISTANCE OF
168.00 FEET TO THE WESTERLY LINE OF SAID NORTH ST. LUCIE RIVER
WATER CONTROL DISTRICT CANAL NUMBER 30, AS DEEDED TO ST.
LUCIE COUNTY IN OFFICIAL RECORD BOOK 670, PAGE 2991 OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ALONG
SAID CANAL RIGHT-OF-WAY LINE, THE FOLLOWING (3) COURSES AND
DISTANCES: SOUTH 00°10'25" EAST, A DISTANCE OF 685.64 FEET TO A
POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST 1/4
OF THE SOUTHEAST 1/4 OF SAID SECTION 1; THENCE NORTH 89°44'37"
EAST, ALONG SAID SOUTH LINE AND CANAL RIGHT-OF-WAY, A DISTANCE
OF 120.00 FEET TO A POINT OF INTERSECTION WITH A LINE LYING AND
BEING 48.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF
SAID SECTION 1; THENCE SOUTH 00°10'25" EAST, ALONG SAID PARALLEL
LINE AND CANAL RIGHT-OF-WAY, A DISTANCE OF 1,244.76 FEET TO A
POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF
FLOYD JOHNSON ROAD (A 35.00-FOOT-WIDE RIGHT-OF-WAY); THENCE
SOUTH 89°44'54" WEST, A DISTANCE OF 827.83 FEET; THENCE NORTH
00°18'59" WEST, A DISTANCE OF 325.09 FEET; THENCE SOUTH 89°56'58"
WEST, A DISTANCE OF 302.30 FEET; THENCE NORTH 00°28'21" WEST. A
DISTANCE OF 258.92 FEET TO A POINT OF INTERSECTION WITH THE
SOUTH LINE OF THE NORTH 1/2 OF THE OF THE SOUTH 1/2 OF THE
SOUTHEAST 1/4 OF SAID SECTION 1; THENCE SOUTH 89°44'45" WEST,
ALONG SAID SOUTH LINE, A DISTANCE OF 1,422.72 FEET TO THE
EASTERLY RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER
CONTROL DISTRICT CANAL NUMBER 31 (A VARIABLE WIDTH RIGHT-OF-
WAY); THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE
FOLLOWING (4) COURSES AND DISTANCES: NORTH 00°24'21" WEST, A
DISTANCE OF 1,332.08 FEET; THENCE SOUTH 89°44'29" WEST, A
DISTANCE OF 10.00 FEET; THENCE NORTH 00°24'21" WEST, A DISTANCE
OF 646.54 FEET; THENCE NORTH 00°24'21" WEST, A DISTANCE OF
Resolution No. 2024-05
Page 4 File No.: PUD-RZ-32022-26315
1,347.52 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF
THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF SAID SECTION 1; THENCE
NORTH 89°56'25" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 624.19
FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST
1/2 OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF SAID SECTION 1;
THENCE NORTH 00°22'18" WEST, ALONG SAID EAST LINE, A DISTANCE OF
1,303.89 FEET TO RETURN TO THE SOUTH RIGHT-OF-WAY LINE OF SAID
ANGLE ROAD; THENCE SOUTH 89°46'18" EAST, ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 2,002.49 FEET TO THE POINT OF
BEGINNING.
CONTAINING 387.89 ACRES, MORE OR LESS.
Parcel ID Numbers: 2301-111-0002-000-5; 2301-411-0025-000-3; 2301-421-
0025-000-4; 2301-441-0001-000-2; 2301-443-0001-000-8; 2406-221-0003-
000-2; 2406-323-0001-000-1; 2406-323-0002-000-8; and 2406-324-0000-
000-7
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 AG-1 (Agricultural-1), AR-1 (Agricultural, Residential —
1) and RS-2 (Residential, Single-Family-2) Zoning Districts to the PUD (Planned
Unit Development) Zoning District, and to make 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 including the request for a
Wetland Waiver for the project known as Eagle Bend 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 EDC, Inc. and dated December 18,
2023, and date stamped received by the St. Lucie County Planning & Development
Services Department on December 20, 2023, as attached and incorporated herein
as Exhibit C, and subject to the following conditions:
1. The Final Site Plan design and layout shall:
a. Provide proper transition from Phase 4 to ensure compatibility with the
existing large lot single-family lots adjacent to the south.
b. Further consider the location and the timing of the proposed pedestrian
connection between Eagle Bend and Westwood Academy.
c. Further consider additional direct pedestrian connection between the
residential neighborhoods and Jenkins Road and Road G.
Resolution No. 2024-05
Page 5 File No.: PUD-RZ-32022-26315
2. The Preliminary Plan proposes to utilize 3.37 acres that are owned by St.
Lucie County (projected Jenkins Road ROW) and the North St. Lucie
River Water Control District for stormwater and open space. If the
anticipated conveyances are not realized, the Phase 5 multi-family design
shall be revised to provide the same amount of open space, including 1.5
acres of non-stormwater open space within the Phase 5 boundaries.
3. The Final Site Plans for development within the Eagle Bend PUD Zoning
District shall include detailed identification of roadway improvements and
land dedication associated with each phase of development and
demonstrate concurrency at the time of Final Site Plan Approval. It is the
intent of the County and the Developer to enter into a separate
Development and/or Impact Fee Credit Agreement(s) ensuring public
facilities are available concurrent with the impact of the development.
The approval of the re-zoning and Preliminary Development Plan for
Eagle Bend PUD, does not constitute approval of the proposed schedule
of transportation improvements presented in the "Eagle Bend PUD Traffic
Update" prepared by Shaun MacKenzie, PE, and dated November 9,
2023; however, the intent for Phase 1 of the Eagle Bend PUD, upon
demonstration of concurrency at the time of Final Site Plan Approval for
up to 370 units, is to provide all access via Angle Road, with Jenkins Road
construction to begin with Phase 2 and/or the 371st unit.
4. Approval of the Eagle Bend Preliminary Development Plan is conditioned
upon amendment of the Land Development Code Section 4.12.00. to
remove Avenue Q between Angle Road and Jenkins/Taylor Dairy Road
from the required internal road system for the Jenkins Road Area Plan
Special District. If the LDC is not so amended, the Final Site Plan shall be
modified to provide for Avenue Q as provided in LDC Section 4.12.03.A.
5. As demonstrated on the Preliminary Development Plan dated December
18, 2023, and as presented to the Board of County Commissioners, the
Wetland Waiver application was supported and recommended for
approval due to the Applicant reducing direct impacts to Wetland # 2 from
2.02 acres to 0.93 acres and reducing impacts to the associated buffer
from 1.75 acres to 0.68 acres. This will require recording a conservation
easement along with an approved Preserve Area Management and
Monitoring Plan (PAMMP) in favor of St. Lucie County for all remaining
wetlands and their associated upland buffers within the project boundary
in perpetuity. The PAMMP shall detail restoration and enhancements to
these environmentally sensitive habitats as outlined in the Comprehensive
Plan and Land Development Code.
D. The Preliminary PUD Site Plan approval granted by this Resolution shall expire on
January 8, 2026, unless a Final Site Plan is obtained, or an extension is granted in
accordance with Section 11.02.06(B)(3) of the Land Development Code.
Resolution No. 2024-05
Page 6 File No.: PUD-RZ-32022-26315
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 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 December
22, 2022.
H. A copy of this Resolution shall be provided to the owner of record as identified on
the application.
I. 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
Chris Dzadovsky, Vice-Chair AYE
Larry Leet, Commissioner AYE
Linda Bartz, Commissioner AYE
Jamie Fowler, Commissioner AYE
Resolution No. 2024-05
Page 7 File No.: PUD-RZ-32022-26315
PASSED AND DULY ADOPTED this 9m day of January, 2024.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
AIR
ATTEST: APPROVED AS TO FORM AND
CORRECTNESS:
BY:
DE UTY CLE COUNTY ATT N Y
,'t GOMM%
cn
G%CoUNTV."0
Resolution No. 2024-05
Page 8 File No.: PUD-RZ-32022-26315
EXHIBIT A
(LOCATION MAP)
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Resolution No. 2024-05
Page 9 File No.: PUD-RZ-32022-26315
EXHIBIT B
(Concurrency Deferral Affidavit)
St.Lucie County,
Concurrency Deferral Affidavit
1, Bradley Currie(Auth Agent) ,residing or doing business at 10250 SW Village Pkwy,St 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: Eagle Bend
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 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 fmal 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.
Signed: Date: !2 22•22
A p •ant
STATE OF FLORIDA
COUNTY OF.4 •C.uGI. n�
The foregoing instrument was acknowledged before me this !-Gn day of D.'C'Mbef. ,20 27rby—
Bradley Currie(Auth Agent) fitiis personally known tom r who has produced
as identification. t
Patricia M.Sesta
Signature of Notary Type or Print Name of Notary
HH 006694 Commission Number (Seal)
�.atary GuGI.$lalt M FWnda
�'drfICIA R�5C6�8
1) Fm:Commnnon 7 elbria�7
"Ur r.� E.pnea 001r 1/2024
Page 1 of t
Revised: April I,2008
Resolution No. 2024-05
Page 10 File No.: PUD-RZ-32022-26315
EXHIBIT C
(PRELIMINARY PUD SITE PLAN)
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Resolution No. 2024-05
Page 11 File No PUD-RZ-32022-26315