HomeMy WebLinkAbout24-057 RESOLUTION 2024-57
File Number: RZ-2303-000020
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FROM THE
AGRICULTURAL-1 (AG-1) ZONING DISTRICT TO THE PLANNED RETAIL
WORKPLACE (PRW) ZONING DISTRICT AND APPROVING A PRELIMINARY
DEVELOPMENT PLAN ON +/- 177.87 ACRES LOCATED WITHIN ST. 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) Engineering, Design and Construction, Inc., on behalf of the property owner,
o Bedner Farms, Inc., presented a petition for an Amendment to, the Official
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• Zoning Atlas from the AG-1 (Agricultural-1) Zoning District to the PRW
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re (Planned Retail Workplace) Zoning District, for certain property in St. Lucie
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County, Florida, located northeast of the 1-95 and Indrio Road interchange as
IL "° depicted on the attached map as Exhibit A and described in Part A below.
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o 2) The St. Lucie CountyL Development Review Committee reviewed the petition
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J ¢o to re-zone the property and found it to meet the technical requirements and to
• m N"' be consistent with the St. Lucie County Comprehensive Plan, subject to the
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conditions set forth in Part C of this Resolution.
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2 co t o x 3) On December 14, 2023, following installation of signs on the property, mailing
of notice to all owners of real property within 500 feet of the subject site, and
publication of an advertisement in the St. Lucie News Tribune at least 10 days
prior to the hearing, the St. Lucie County Planning and Zoning Commission,
held a -public hearing at which all interested persons were given an
opportunity to be heard.
4) The Planning and Zoning Commission voted 6 to 1 to continue the public
hearing until January 18, 2024.
5) On January 18, 2024, the Planning and Zoning Commission reconvened the
public hearing, provided the opportunity for all interested persons to be heard,
and voted 6 to 0 to recommend that the Board of County Commissioners
approve the request for the property described in Part A.
Resolution No. 2024-57
Page 1 File No.: RZ-2303-0000020
6) On March 5, 2024, following installation of signs on the property, mailing of
notice to the owners of real property within 500 feet of the subject site, and
publication of an advertisement in the St. Lucie News Tribune at least 10 days
prior to the hearing, the Board of County Commissioners held a public
hearing on this petition, at which all interested persons were given an
opportunity to be heard, and determined to continue the public hearing until
April 2, 2024.
7) On April 2, 2024, the Board reconvened the public hearing, provided all
interested persons the opportunity to be heard, and determined to approve
the request for the property described in Part A.
8) 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 PRW REGULATING PLAN
9) Engineering Design and Construction, Inc., on behalf of the owners of the
property, Bedner Farms, Inc., submitted a Preliminary PRW (Planned Retail
Workplace) Regulating Plan for development of 1,090 dwelling units and
420,000 sq. ft. of commercial space and associated improvements on the
property depicted in the attached map as Exhibit "A" and described in Part A
below.
10) The St. Lucie County Development Review Committee reviewed the
Preliminary PRW Regulating 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.
11) On December 14, 2023, the St. Lucie County Planning and Zoning
Commission, following a duly noticed public hearing at which all interested
persons were given an opportunity to be heard, passed a motion to continue
the public hearing to the Planning and Zoning Commission meeting of
January 18, 2024.
12) On January 18, 2024, the Planning and Zoning Commission reconvened the
public hearing, provided all interested persons an opportunity to be heard,
and voted 6 to 0 to recommend that the Board of County Commissioners
approve the proposed rezoning to the PRW Zoning District and the
Preliminary Development Plan.
Resolution No. 2024-57
Page 2 File No.: RZ-2303-0000020
13) On March 5, 2024, the Board of County Commissioners, following a duly
noticed public hearing at which all interested persons were given an
opportunity to be heard, the Board of County Commissioners determined to
continue the public hearing until April 2, 2024.
14) On April 2, 2024, the Board of County Commissioners reconvened the public
hearing began on March 5, 2024, provided all interested persons an
opportunity to be heard, and determined to approve the Preliminary PRW
(Planned Retail Workplace) Regulating Plan.
15) 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.
16) 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.
17) 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 all applicable regulations.
18) The proposed project is within the Urban Service Boundary and water and
wastewater will be served by St. Lucie County Utilities.
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 PRW (Planned Retail Workplace) is being granted
is described as follows:
Legal Description
PARCEL 1
The East '/2 of the NW'/4 of Section 16, Township 34 South, Range 39 East,
less 1-95 Right -of -Way as described in OR Book 233, Page 2199, Public
Records of St. Lucie County, Florida and less Indrio Road and Canal Right -
of -Way. Said land lying and being in St. Lucie County, Florida.
Resolution No. 2024-57
Page 3 File No.: RZ-2303-0000020
Less and Except the West 430 Feet of the South 765.96 feet of the East '/2
of the NW '/4 of Section 6, Township 34 South, Range 39 East, less 1-95
Right -of -Way as described in OR Book 233, Page 2209, Public Records of
St. Lucie County, Florida. And less Indrio Road and Canal Right -of -Way.
Said land lying and being in St. Lucie County, Florida.
Also less and portion of subject property as described in Deed of State of
Florida Department of Transportation recorded in OR Book 3762, Page
2597, Public Records of St. Lucie County, Florida.
C l:IW
West one half (1/2) of the NW one quarter (1/4) of Section 16, Township 34
South, Range 39 East; and East one half (1/2) of NE one quarter (1/4) of
Section 17, Township 34 South, Range 39 East, less Right -of -Way for roads
and canals, also less the lands shown on Parcel 103 of the Order of Taking
recorded November 18, 1974 in OR Book 233, Page 2199, said land,
situate and lying in St. Lucie County, Florida.
Also less and except any portion of subject property as set forth in Deed to
State of Florida Department of Transportation recorded in OR Book 3762,
Page 2597, Public Records of St. Lucie County, Florida.
The subject property contains 177.87 acres, more or less.
Parcel ID Numbers: 1316-211-0001-000-8; 1316-221-0002-000-6; and
1317-111-0003-000-8
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 PRW (Planned Retail
Workplace) and to make notation of the reference to the date of adoption of this
Resolution.
PRELIMINARY PRW REGULATING PLAN
C. Pursuant to 11.02.05(B) of the St. Lucie County Land Development Code, the
PRW (Planned Retail Workplace) Preliminary Development Plan/Regulating
Plan for the project known as Bedner Farms is hereby approved, for the subject
property described in Part "A" above, as shown on the Preliminary Regulating
Plan for the project, prepared by Jennifer Morton Planning & Landscape
Architecture, dated March 18, 2024, and received by the St. Lucie County
Planning & Development Services Department on March 18, 2024, as attached
and incorporated herein as Exhibit B, and subject to the following conditions:
Resolution No. 2024-57
Page 4 File No.: RZ-2303-0000020
1. The northbound left -turn movement from Spanish Lakes Boulevard (AKA
Koblegard Road) into Driveway R3 (as identified in the Traffic Report
prepared by O'Rourke Engineering and Planning dated January 24, 2024,
hereinafter Traffic Report) serving the commercial development proposed
for the southwest 47.9 acres is approved subject to:
a. The Applicant shall dedicate 12 feet of right -of -row on the west side of
Spanish Lakes Boulevard (aka Koblegard Road) for +/- 350 feet north of
Indrio Road.
b. The Applicant shall continue to work with the Florida Department of
Transportation (FDOT) to provide a right -in only entrance driveway from
Indrio Road, west of Spanish Lakes Blvd. (aka Koblegard Road)
(identified as Driveway R1 in the Traffic Report).
c. The Applicant shall monitor the intersection of Driveways R3 and M2 (as
identified in the Traffic Report) and Spanish Lakes Blvd. (aka Koblegard
Road) and the intersection of Indrio Road and Spanish Lakes Blvd. (aka
Koblegard Road) by counting actual vehicle volumes and crash data.
The results of the monitoring shall be compiled into a report and
provided to the Planning and Development Services and Public Works
Departments of St. Lucie County starting 12 months from the issuance
of the first Certificate of Occupancy within the commercial development
and every two years thereafter until four years following the issuance of
the Certificate of Occupancy for the building that represents the build -out
anticipated by the Preliminary Development Plan for the southwest 47.9
acres.
If the need develops to provide additional vehicle storage on Spanish
Lakes Blvd. (aka Koblegard Road) between Driveways R3 and M2 and
Indrio Road to maintain the adopted operating level of service or a safety
concern is identified, the developer will be required, at the developer's
expense, to complete one or more of the following roadway or
intersection modifications:
eliminate the westbound left turn movement from Driveway M2
serving the apartments east of Spanish Lakes Boulevard (aka
Koblegard Road);
ii. provide additional storage along the segment of Spanish Lakes Blvd
Koblegard using the additional twelve (12) feet of right of way;
iii. construct a roundabout.
2. The Preliminary Development Plan/Regulating Plan for the Eastern
Neighborhood shall be revised to provide for-
a. pedestrian connection between the southern and northern
neighborhoods; and,
Resolution No. 2024-57
Page 5 File No.: RZ-2303-0000020
b. to ensure access point consolidation, reservation of the potential for
cross -access with the abutting parcels to the east of the Multifamily
development, such cross -access subject to agreement between the
parties which may include construction, maintenance, and use.
3. The Preliminary Development Plan/Regulating Plan shall be revised to provide
a pedestrian path along at least one side of each of the two lakes in the Eastern
Neighborhood and along at least one side of the 6.18-acre lake in the
commercial development.
4. The Preliminary Development Plan/Regulating shall be revised to provide that
the total width of front -loaded garage doors on 30-ft. wide lots shall not exceed
15 feet (one -car garage doors not to exceed 8 feet), except that up to 50% of
the 30-ft wide lots may have garage doors the total width of which does not
exceed 18 feet.
5. The Preliminary Development Plan/Regulating Plan shall be revised to provide
that the total width of front -loaded garage doors on 40-ft. wide lots shall not
exceed 16 feet.
6. The Open Space Plan for the northwest residential neighborhood shall be
Option A as presented at the public hearing on April 2, 2024 (5 pocket parks
along the northern boundary) and as subsequently memorialized on the Open
Space Plan dated May 1, 2024 which is attached to this Resolution as Exhibit
C.
7. The Preliminary Development Plan/Regulating Plan shall be revised to
remove or modify various notes, including the following:
a. Regarding the EW-2 Street type and the Lane Street Type, the note
"Sidewalk and planting area width vary by transect zone, modifying the
total street width; See Section 3.01.03.EE.2.j." should be deleted from
Sheet 4.
b. Sheet 3 shall be revised to delete this note: "Driveway connection to
the street shall comply with Section 7.05.06."
c. In numerous places the word "gate" now appears in gray front on the
Regulating Plan. These must be satisfactorily explained and/or shall
be removed.
8. The Preliminary Development Plan/Regulating Plan shall be revised to clarify
that a 6-ft sidewalk shall be provided along Spanish Lakes Blvd. in the
Commercial Center Neighborhood, if the proposed 1.53-acre green with
pathway is relocated into the interior of the Commercial Center.
Resolution No. 2024-57
Page 6 File No.: RZ-2303-0000020
D. The Preliminary PRW Regulating Plan approval granted by this Resolution shall
expire on April 1, 2026 (two years from approval) 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 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
D and made a part hereof the Resolution, was signed by the applicant on
October 17, 2022.
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.
I. A copy of this Resolution shall be provided to the owner of record as identified
on the application.
J. This Resolution shall be recorded in the Public Records.
Resolution No. 2024-57
Page 7 File No.: RZ-2303-0000020
K. 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
PASSED AND DULY ADOPTED this 2nd day of April, 2024.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
DEPUTY CLERKG�MM�Ssia
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`Gc�E coum".��o
BY: emum llj_���
CHAT
APPROVED AS TO FORM AND
CORRECTNESS:
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Resolution No. 2024-57
Page 8 File No.: RZ-2303-0000020
EXHIBIT A
(LOCATION MAP)
Resolution No. 2024-57
Page 9 File No.: RZ-2303-0000020
r
EXHIBIT B
(PRELIMINARY PRW REGULATING PLAN)
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Resolution No. 2024-57
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Exhibit C
Preliminary Open Space Plan
Resolution No. 2024-57
Page 11 File No.: RZ-2303-0000020
Exhibit D
Concurrency Deferral Affidavit
St. Lucie County
Concurrency Deferral Affidavit
1, Bradley Currie (Aulh. Agent) , residing or doing business at 10066 Lee Road
t
Name street
Boynton Beach FL , 33473 , two ypwrench@aol.com
City St.ate Zip Phone
have applied for a PRW Rezone Application from St. Lucie County, Florida,
Type ofDcvelopment Order
for the following project: Bedner Farms
Name of Proposed Developanent
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 final dcvclopmont approval can be granted until capaoity in thone
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.
Si�plud. Date; ." be4— V7 Z.t7[ . cam-+
AppW.ant
STATE OF FLORIDA
COUNTY OF Oil 11
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The foregoing instrument was acknowled.ged�beefo-re mp +h=� 1 rtav of Ot w.,r , 20 by _
Bradley Currie (Auth. Agent) {',vho is personally known to me or who as produced NIA
as identification.
Signature of Notary
HHOO6094 Commission Nwnber
Patricia M. Sesta
Type or Print Name of Notary
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Resolution No. 2024-57
Page 12 File No.: RZ-2303-0000020