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Home My WebLink About24-010 RESOLUTION 2024-010 File Number: PD-2303-000026 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 0• o ST. LUCIE COUNTY, FLORIDA FOR A REZONING FROM THE RS-4, D w RESIDENTIAL, SINGLE-FAMILY — 4 ZONING DISTRICT TO THE 5 ii PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT AND PRELIMINARY SITE PLAN FOR A 61-LOT SINGLE-FAMILY ocsi eq � SUBDIVISION ON +/-19.44 ACRES FOR THE PROJECT TO BE re Tr KNOWN AS SABAL PALM GROVE PUD. ▪ o N 11 J 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 W 2M M J=M Y following determinations: W- ~#Oo 111 ZONING ATLAS AMENDMENT -N'°cc 1) WGI, Inc., on behalf of Beacon One Holdings LLC, presented a petition for an Amendment to the Official Zoning Atlas from the RS-4 (Residential, Single-Family — 4) Zoning District to the PUD (Planned Unit Development) Zoning District, for property located at Southeast corner of Emerson Avenue and Deland Avenue, as depicted on the attached map as Exhibit "A" and described in Part "A" below. 2) On August 7, 2007, the Board of County Commissioners approved Resolution No. 07-122, granting an Amendment to the Official Zoning Atlas from AG-1 (Agricultural — 1 du/acre) to the RS-4 (Residential, Single-Family — 4 du/acre) Zoning District. 3) On October 19, 2023, 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", with conditions. 4) On January 9, 2024, the Board of County Commissioners held a public hearing on this petition after publishing 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. After discussion, the Board voted unanimously to continue the public Resolution No. 2024-010 Page 1 File No: PD-2303-000026 hearing to an uncertain date, requiring notice for the next hearing, to allow for the applicant's request to present a modified plan. 5) On April 2, 2024, the Board of County Commissioners held a public hearing on this petition after publishing 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. 6) 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. 7) 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 8) WGI, Inc., on behalf of Beacon One Holdings LLC, submitted a Preliminary PUD (Planned Unit Development) Site Plan to develop a 61-lot single-family subdivision, to be known as the Sabal Palm Grove PUD, for the property depicted in the attached map as Exhibit "A" and described in Part "A" below. 9) On October 19, 2023, 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", with conditions. 10) On January 9, 2024, the Board of County Commissioners held a public hearing on this petition after publishing 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. After discussion, the Board voted unanimously to continue the public hearing to an uncertain date, requiring notice for the next hearing to allow the applicant's request to present a modified plan. Resolution No. 2024-010 Page 2 File No: PD-2303-000026 11) On April 2, 2024, the Board of County Commissioners held a public hearing on this petition after publishing 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. 12) 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. 13) 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. 14) 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. 15) 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. 16) The proposed project will be served by St. Lucie County Utilities 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 RS-4 (Residential, Single-Family — 4) to the PUD (Planned Unit Development) Zoning District is being granted is described as follows: Legal Description: THE NORTH % OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 2, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE, FLORIDA, LESS AND EXCEPTING THE WEST 68 FEET THEREOF FOR ROAD AND CANAL RIGHT-OF-WAY. Resolution No. 2024-010 Page 3 File No: PD-2303-000026 CONTAINING 19.44 ACRES MORE OR LESS. Parcel ID Number: 1302-331-0000-000-7 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 RS-4 (Residential, Single-Family — 4) to the PUD (Planned Unit Development) 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 for the single-family project known as the Sabal Plam Grove PUD is hereby approved, for the subject property described in Part "A" above, as shown on the preliminary site plan drawings for the project, WGI, Inc., dated March 17, 2023, and revised on February 28, 2024, as attached and incorporated herein as Exhibit "C", and subject to the following conditions: 1) Within 90 days of 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, fifteen (15) feet of right-of-way for Deland Avenue, thirty-five (35) feet of right-of-way for Lee Boulevard, thirty-five (35) feet of right-of-way dedication for a future roadway to the south, and twenty-seven (27) feet of right-of-way along Emerson Avenue. 2) The Final (Major) Site Plan shall: a) Include A Traffic Impact Report in accordance with the LDC Section 11.02.09.A.4. b) Provide a Site Lighting certification by a photometric engineer prior to final inspection, verifying no direct light spillover to adjacent single- family residences. c) Seek the relocation of the existing trees on-site to the proposed linear park. d) Demonstrate a school bus shelter on the site plan, complying with the St. Lucie County School Board standards. e) Provide typical lot dimensions and conceptual home designs for the proposed community. Resolution No. 2024-010 Page 4 File No: PD-2303-000026 3) A Site Development Permit is required prior to performing site improvement activities. In accordance with the permit and Land Development Regulations, the applicant shall retain the FOR for site inspections and final certification. 4) Prior to the issuance of any building permit, a final plat must be approved by the Board of County Commissioners. 5) For plat approval prior to completion of required improvements, a Subdivision Improvement Agreement and appropriate bonding is required. 6) Prior to Final Site Plan approval, a finalized tree mitigation plan shall be reviewed and approved by ERD. 7) Prior to Final Site Plan approval, a finalized Landscape Plan shall be reviewed and approved by ERD. 8) 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 formal wetland jurisdictional determination or Environmental Resource Permit (ERP) shall be provided from the appropriate state and/or federal agencies, consistent with LDC 11.02.09.A.5 and Chapter 6 of CP Policy 6.1.12.4. 9) 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., listed species surveys (e.g., gopher tortoise, crested caracara, etc.) shall be provided/updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys appropriate permits from state and federal agencies shall be required. 10) 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 Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 11) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. 12) Prior to issuance of a Certificate of Occupancy for each individual residence, any new residential structure containing one (1), two (2), or three (3) units must preserve or plant one (1) native canopy tree for every 2,500 square ft. of the subject lot or parcel of land, up to a maximum planting of seventeen (17) trees measuring 2.5" diameter at breast height (DBH), or a total of 42.5" DBH per LDC 7.09.04.1. Resolution No. 2024-010 Page 5 File No: PD-2303-000026 D. The Preliminary PUD Site Plan approval granted by this Resolution shall expire on April 2, 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. 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" 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 October 17, 2023. H. 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. Resolution No. 2024-010 Page 6 File No: PD-2303-000026 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 NYE Linda Bartz, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED this 2ND day of April, 2024. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: C IR ATTEST: APPROVED TO FORM AND CORRECT - S: ilM441/8.0 I iA Jim • / �f DEPUTY CLERK O 73 COUNTY O"NEY fit ,1 G` OOP 0,F COUNfl,*' Resolution No. 2024-010 Page 7 File No: PD-2303-000026 EXHIBIT "A" (LOCATION MAP) N W \ E S Subject Parcel P 7 'o u _ c: I ''S;''i u -' _ L'] ❑ �il i r m1 ' ate. .."! E..... _ �i !`°. gyniMil m w rIE €;�• " i� a7ww m F NAM'"'' Ir11411.5` • •'..m.11 P-'-- I \ NallNA /, 9 em C al o -\ 1 =5 \� z - - ter - [ - _ i. _ass ,11:71,,,,,,,. ..,::,:.,1, ..':: " ril-101 41".Z - ,_.,t 1\\1111111 11:1 - te,"ftilb,-,V,-- ! ! i )I. \'‘'\ , i Resolution No. 2024-010 Page 8 File No: PD-2303-000026 EXHIBIT "B" (CERTIFICATE OF CONCURRENCY DEFERRAL) Si.Liicdc COMM). Contumacy Deferral Affidavit I. W€1l-7t o NIVEL residing ur doing htslsanecs at # u, t'.Ot�M+IEtLtdL HiLID. , SiE 3 Noe S rat EXE A [ U:l.1s= . Ft_ , ?Fro, _ 51.r- 17-4115 37 Cu), Stair Zip home have applied for n Pd.1110114Ch M T DEVELCIRIACIATfloat St. Lucie County,,Florida, T_rp of''.kzknprn nt Aida EzoI'4LN For the following project:_ CA BAIT PAt.M A--o1/6 Name of Proposed Der prnrnr I do hereby affirm that In connection with rmyr application For this above project,I hew e4cctcd to defer the certificate of capacity and reservation of capacity in public facilities far the above property until a fader time. but on taier than the application fora final development order for the Larne p"t'erty. I underhand and acknowledge that the above litwii property will be sub bet co the certificate Qd capacity before any final development order can be ixxued,and that St: Lucie Comity can make mo guarantee that .adequate public facilities will be available when I apply For the Final development anaer. I further acknowledge that according to Section 5.08.01 of the Sr. Lock County Land Derelopaent Code, no final development approval son be granted until capacity in those facilities is available at that bone. The iasunu.e of a preliminary dOvetapment order without a certificate of capacity creates no vested or other rights to develop the subject prupertyr. Signed: {- Date: IVlrl/25 • AIi ENT STATE OF ORIDA COLIh"TY OF Be°Ware �r The farogwiB in4aument was acisnuat4it�i harm rut this, f 6 t1+y or Oge,0 ?tl b_ L. 1. r cc Pt ir-ce - nth! utrill �1urt�h me irr win Ives.raudnvinj ti Idt iller1umi uh 4 60441 44.A. �'� tLf t--.usanrm t l_ l.s t fi_ . + ]sr�rire`t_urhkmry Type r Prim Named Notary yy t"l fl 4 4 44 (.etrtttiuutxt Mtttntter l5ealt j'eJNMi Lr C•UWF 164y Cavwinrsn tin 4414ey • Page I ail Exp7ei lawman Liaised: April I,IoUn Resolution No. 2024-010 Page 9 File No PD-2303-000026 EXHIBIT "C" (PRELIMINARY PUD SITE PLAN) L- v 1 Emerson Avenue— Ja r /• 1 A.if. M , — i , I 1 :.' r N. ( f I at 1 EMI ... , T„ ,1 I. I r, �' j v i .110 i I Li 1 III ! Iv 1E-7. I I '' ► `� , f �h + 11.1 1 IB z 1 �i 1 4 A 1li. t 1 ' ' f, 1 ' ° e ; ; I f, r ° ] 1 2.. I } '17 5 . I f ° i , l T 1 1 1 I I b ! 11 e ., I 1 M f I ._......± ` 1 I f. 1F L • 1/1 0 i ,..., _____,--," . i .i ........,..., 1---___ __,-.." ,,,,,,,0 1 87 *. .JI♦ L ee B ou1evard , ;. Resolution No. 2024-010 Page 10 File No PD-2303-000026