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RESOLUTION 2024-44
File Number: PD-2211-000022
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
e o OF ST. LUCIE COUNTY APPROVING ON RECONSIDERATION A
W REVISED REZONING PETITION FROM THE AR-1
• F (AGRICULTURAL, RESIDENTIAL-1) ZONING DISTRICT TO THE
F o (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT AND A
oREVISED PRELIMINARY PUD SITE PLAN FOR A 229-UNIT MULTI-
co"N FAMILY DEVELOPMENT ON +/-32.58 ACRES TO BE KNOWN AS
w C,
0 THE INDRIO WOODS PUD, LOCATED IN ST. LUCIE COUNTY,
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C W N WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based
u154- J upon competent, substantial evidence, including but not limited to the staff report and
z W 8° staff recommendation, has made the following determinations:
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ZONING ATLAS AMENDMENT
1) WGI, on behalf of Paul R. Budick, presented a petition for an Amendment to
the Official Zoning Atlas from the AR-1 (Agricultural, Residential — 1, 1du/ac)
Zoning District to the PUD (Planned Unit Development) Zoning District, for
property located at 7075 lndrio Road, in Fort Pierce, Florida, as depicted on
the attached map as Exhibit "A" and described in Part "A" below.
2) On June 15, 2023, the Planning & Zoning Commission held a duly noticed
public hearing on the petition for the property described in Part "A" and
voted to continue this item until the September 28, 2023, Planning & Zoning
Commission meeting.
3) On September 28, 2023, the Planning and Zoning Commission held their
meeting, continued the public hearing on the petition, and voted to continue
this item until the November 16, 2023, Planning & Zoning Commission
meeting.
4) On November 16, 2023, the Planning & Zoning Commission held their
meeting, continued the public hearing on the petition and voted to continue
this item until the December 14, 2023, Planning & Zoning Commission
meeting.
5) On December 14, 2023, the Planning & Zoning Commission held their
meeting, continued the public hearing on the petition, of which courtesy
mailings were provided to owners of property within 500ft. of the petition site,
and voted 5 to 3 to forward a recommendation of approval to the Board of
County Commissioners, including greater tree preservation at shared
Resolution No. 2024-44
Page 1 File No: PD-2211-000022
property lines with the Binney Estate and a decrease in height from three-
story to two-story buildings, and a reduction in the overall number of units
(density).
6) On February 6, 2024, the Board of County Commissioners held a duly
noticed public hearing on the petition for the property described in Part "A"
and voted to continue this item until the March 5, 2024, Board of County
Commissioners meeting.
7) On March 5, 2024, the Board of County Commissioners at their regularly
scheduled meeting held a public hearing on the petition and after discussion
voted 3 to 2 to deny the proposed rezoning petition and the Preliminary
PUD Site Plan petition.
8) On March 22, 2024, the Board of County Commissioners during their public
meeting voted 4-1 to reconsider the revised lndrio Woods PUD rezoning
petition, scheduling the public hearing to reconsider the revised petition for
their regularly scheduled May 7, 2024, meeting.
9) On May 7, 2024, the Board of County Commissioners held a duly noticed
public hearing to reconsider the revised petition for the property described in
Part "A".
10) The St. Lucie County Development Review Committee has reviewed the
Rezoning Petition and found it to meet the technical requirements and to be
consistent with the St. Lucie County Comprehensive Plan and Land
Development Code, with the associated revised Preliminary PUD Site Plan
noted below, subject to the conditions set forth in Part "C" of this Resolution.
11) 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
12) WGI, on behalf of Paul R. Budick, submitted a Preliminary PUD (Planned
Unit Development) Site Plan to develop a two-hundred and seventy-four
(274) unit multifamily development to be known as the Indrio Woods PUD
for the property depicted in the attached map as Exhibit "A" and described in
Part "A" below.
Resolution No. 2024-44
Page 2 File No: PD-2211-000022
13) On June 15, 2023, the Planning & Zoning Commission held a duly noticed
public hearing on the petition and voted to continue this item until the
September 28, 2023, Planning & Zoning Commission meeting.
14) On September 28, 2023, the Planning and Zoning Commission continued
their public hearing on the petition for the property described in Part "A" and
voted to continue this item until the November 16, 2023, Planning & Zoning
Commission meeting.
15) On November 16, 2023, the Planning and Zoning Commission continued
their public hearing on the petition and voted to continue this item further
until the December 14, 2023, Planning & Zoning Commission meeting.
16) On December 14, 2023, the Planning & Zoning Commission continued their
public hearing on the petition, of which courtesy mailing were provided to
owners of property within 500 ft. of the petition site, and voted 5 to 3 to
forward a recommendation of approval to the Board of County
Commissioners, including greater tree preservation at shared property lines
with the Binney Estate and a decrease in height from three-story to two-
story buildings, and a reduction in the overall number of units.
17) On February 6, 2024, the Board of County Commissioners held a duly
noticed public hearing on the petition for the property described in Part "A"
and granted the applicant's request to continue this item until the March 5,
2024, Board of County Commissioners meeting.
18) On March 5, 2024, the Board of County Commissioners at their regularly
scheduled meeting held a public hearing on the petition and after discussion
voted 3 to 2 to deny the Preliminary PUD Site Plan petition, and the
rezoning petition.
19) On March 22, 2024, the Board of County Commissioners during their public
meeting voted 4-1 to reconsider the revised Preliminary PUD Site Plan,
scheduling the public hearing to reconsider the revised submission for their
regularly scheduled May 7, 2024, meeting.
20) On April 15, 2024, the Planning and Development Services Department
received a resubmission, including a modified Preliminary PUD Site Plan,
and a Traffic Impact Report (further updated April 30, 2024). The modified
Preliminary PUD Site Plan presented various modifications discussed at the
March 5, 2024, Board of County Commissioners' public hearing on the
matter including a reduction in density to 229 units, a reduction in height of
Resolution No. 2024-44
Page 3 File No: PD-2211-000022
four (4) buildings to two (2) stories, a decrease in parking and impervious
surface areas, a revised driveway connection from lndrio Road restricting
access to right in only, a commitment to designing, permitting, and installing
the span wire with intersection flashing beacon at the intersection of Taylor
Dairy Road and lndrio Road and a commitment to pay a fair share
contribution toward improving the intersection where warranted, an increase
in tree preservation and open space, expanded setbacks from the adjacent
Binney Estate, and expanded stormwater.
21) On May 7, 2024, the Board of County Commissioners held a duly noticed
public hearing to reconsider the revised Preliminary PUD Site Plan for the
property described in Part "A".
22) 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 and Land Development Code, subject to the conditions set forth in Part
"C" of this Resolution.
23) 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.
24) 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.
25) The proposed project, subject to Final Site Plan approval, 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 and this resolution.
26) The proposed project will be served by the St. Lucie County Utilities
Department for water and wastewater services.
27) The proposed Preliminary PUD Site Plan is consistent with elements of the
St. Lucie County Comprehensive Plan and the St. Lucie County Land
Development Code and meets the standards of review set out in Section
11.02.07. of the Land Development Code.
Resolution No. 2024-44
Page 4 File No: PD-2211-000022
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 AR-1 (Agricultural, Residential — 1, 1du/ac) Zoning District to PUD (Planned
Unit Development) is being granted is described as follows:
Legal Description:
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 13,
TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA,
LESS AND EXCEPT THE FOLLOWING: FROM THE NORTHEAST CORNER
OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP
24 SOUTH, RANGE 39 EAST, RUN ALONG THE NORTH LINE OF SAID
SOUTHWEST 1/4, 626.3 FEET TO THE POINT OF BEGINNING: FROM THE
POINT OF BEGINNING, RUN SOUTH ON A BACK ANGLE OF 90°40', A
DISTANCE OF 715 FEET; THENCE WEST 330 FEET; THENCE NORTH 715
FEET; THENCE EAST 330 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT: ROAD AND CANAL RIGHT OF WAYS.
CONTAINING 32.58 ACRES MORE OR LESS.
Parcel ID Number: 1313-311-0001-000-6
B. The St. Lucie County Planning and Development Services Director shall amend
the Official Zoning Map to change the zoning of the property herein described,
from the AR-1 (Agricultural, Residential — 1, 1du/ac) Zoning District to the PUD
(Planned Unit Development) Zoning District and to make a 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
revised Preliminary PUD (Planned Unit Development) Site Plan for the project
known as the Indrio Woods PUD is hereby approved for the subject property
described in Part "A" above, as shown on the revised Preliminary PUD Site
Plan drawings for the project, prepared by WGI and date stamped received by
the St. Lucie County Planning & Development Services Department on April 15,
2024, as attached and incorporated herein as Exhibit "C", and subject to the
following conditions:
Resolution No. 2024-44
Page 5 File No: PD-2211-000022
Planning & Development Services Department:
1. Prior to Final Major Site Plan approval, a small trash receptacle with
screening shall be provided near the Club House/Pool/Rec Area.
2. Prior to Final Major Site Plan approval, a development schedule indicating
the approximate date construction of the development, or stages of the
development can be expected to begin and be completed is required.
3. The Final Major Site Plan shall include construction of Taylor-Dairy Road, by
the developer, from the intersection at lndrio Road to the southern property
boundary. Final intersection design shall require evaluation by the County
Engineer, considering projected traffic volumes and turn movements. Where
traffic volumes, configuration conditions, changes in operation or corridor
characteristics warrant add-on safety features such as flashing lights,
approach striping and signs, etc., such improvements shall be integrated into
final design plans in the Final Major Site Plan. This evaluation may include
intersection signalization warrant analysis, including consideration of timing
and proportionate fare share contribution(s) where applicable (See COA #19,
below).
4. The Final Major Site Plan shall preserve native trees, where possible within
the Preliminary Development Plan design, in the area abutting the Binney
Estate. Where possible, the design will meander the proposed berm in favor
of natural tree preservation with proposed shrubs planted to supplement
existing and proposed trees.
5. The Final Major Site Plan approval shall require a pedestrian easement for
the proposed sidewalk link adjacent to the lndrio Road right-of-way.
6. The Final Major Site Plan shall modify the Indrio Road driveway preventing
left turn movements onto and from lndrio Road at that location, as reflected
on the Preliminary Development Plan.
7. The applicant shall provide 10% of the units, for a total of 23 units, as
workforce housing for 15 years. 5% of the workforce housing units will be
100% of the AMI and 5% of the workforce housing units will be 120% of the
AMI.
8. The Final Major Site Plan shall detail the proposed linear park along lndrio
Road and the project's proposed bus stop(s).
Environmental Resources Department:
9. Prior to Final Major Site Plan approval, the applicant shall provide a revised
landscape plan reflecting the most recent site plan revisions.
10.Prior to Final Major Site Plan approval, a revised upland buffer planting plan
shall be certified for the proposed flow way areas that includes canopy,
understory, and ground cover plantings (native species only).
Resolution No. 2024-44
Page 6 File No: PD-2211-000022
11.Prior to Final Major Site Plan approval, the applicant shall provide an
updated littoral planting plan consistent with the Towns, Villages and
Countryside (TVC) overlay standards outlined in LDC
3.01.03.(EE.)(2.)(p.)(4.)
12.The Final Major Site Plan (Landscape Plan) shall demonstrate additional tree
preservation adjacent to the property lines abutting the Binney Estate
(including modification of the stormwater/flow way edge) and Indrio Road
(where not impeding clear vision areas), both as identified on the most
recent preliminary site plan revisions and generally depicted in the
applicant's presentation to the Board of County Commissioners on May 7,
2024.
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, the developer shall provide an executed Conservation
Easement over the upland preserve area, along with the approved Preserve
Area Monitoring and Management Plan (PAMMP), with an attached affidavit
and cashier's check (payable to the Clerk of the Court for recording fees) to
the County Attorney. The applicant shall also provide a georeferenced GIS
shapefile or CAD file of the conservation easement boundaries to St. Lucie
County.
14.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 100 percent survey per Florida Fish and Wildlife
Conservation Commission (FWCC) protocol for gopher tortoises shall be
provided. If any construction activities are proposed within 25 ft. of any
gopher tortoise burrows, a relocation permit shall also be provided in
accordance with FWCC requirements.
15.Prior to issuance of a Certificate of Occupancy all Category I listed invasive
plants shall be eradicated from the site.
Public Works Department:
16.Prior to issuance of a Site Development Permit, the five-foot Right-of-Way
dedication along Indrio Road is required to be completed.
17.A Site Development Permit is required prior to performing site improvement
activities.
18.Prior to issuance of a Site Development Permit, a Road Improvement
Agreement and appropriate bond will be required for all permanent
improvements within the Right-of-Way.
19.The applicant will design, permit and install, if permitted, the span wire with
intersection flashing beacon at the Indrio Road and Taylor Dairy Road
intersection.
Resolution No. 2024-44
Page 7 File No: PD-2211-000022
20.The applicant will contribute a proportionate fair share of the cost of
providing intersection signalization at Indrio Road and Taylor Dairy Road,
where warranted.
D. The Preliminary PUD Site Plan approval granted by this Resolution shall expire
on May 7, 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 February 21, 2024.
H. A copy of this Resolution shall be mailed to the owner the of record as identified
on the application.
This Resolution shall be recorded in the Public Records.
J. ADOPTION
After motion and second, the vote on this Resolution was as follows:
Resolution No. 2024-44
Page 8 File No: PD-2211-000022
Cathy Townsend, Chair NAY
Chris Dzadovsky, Vice-Chair AYE
Larry Leet, Commissioner NAY
Linda Bartz, Commissioner AYE
Jamie Fowler, Commissioner AYE
PASSED AND DULY ADOPTED this 7th day of May 2024.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIR
ATTEST: APPROVED AS TO FORM AND
CORRECTNESS:
S
-44 .
DEPUTY CLERK ° �� ,,� ; COUNTY A RNEY
oO,F COUrcri-1
Resolution No. 2024-44
Page 9 File No: PD-2211-000022
EXHIBIT "A"
(LOCATION MAP)
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Resolution No. 2024-44
Page 10 File No: PD-2211-000022
EXHIBIT "B"
(CERTIFICATE OF CONCURRENCY DEFERRAL)
St.Lucie County
Concurrency Deferral Affidavit
Christian Bryant ,residing or doing business at WGLllMLMemantfll
Name Street
Port Si.Lucie . FL , 34986 17721 40-5258
City State Zip Phone
have applied for a Preliminary Site Plan and Rezoning to PUD from St,Lucie County,Florida,
Type of Development Order
for the following project: lndrio Woods
Name of Proposed Devappment
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 liar 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.
1 further acknowledge that according to Section 5,03,01 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 rights to develop the subject property,
Signed; /477 Date: 2- '1°1 V
Api want
STATE OF fis011k/Diir'rex(
COUNTY OF —riftltift
The foregoing instrument was acknowledged before me this 11 14 day of F4'..hr1/11011 ,20 try
r kr i 54-1146 iktfril ho is personally known to me or who has produced 61 r/016
t)fieff(s identificition,
LoA)r V1 la id Wr
Soure of Notary Type or Print Name of Notary
3 3 6'1'1 R Commission Number (Seal)
, LAtiaEa tidolowia
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My Commis-slim el..1irs,
Page of I .. October 1,,20Z5
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Resolution No. 2024-44
Page 11 File No: PD-2211-000022
EXHIBIT "C"
(PRELIMINARY PUD SITE PLAN)
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Resolution No. 2024-44
Page 12 File No: PD-2211-000022