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Home My WebLink About24-121 RESOLUTION 2024-121 File Number: PD-2402-000034 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY APPROVING A NEW (REVISED) PRELIMINARY DEVELOPMENT PLAN FOR THE PROJECT KNOWN AS THE INDRIO & 195 PTV (PLANNED TOWNS AND VILLAGES) ON +/- 834.43 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: 1) On November 10, 2020, the St. Lucie County Board of County Commissioners, by adoption of Resolution 2020-248, approved an amendment of the Official Zoning Atlas to change the AG-1 (Agricultural-1) Zoning District to the PTV (Planned Town or Village) Zoning District on 834.43 (more or less) acres located at the southeast quadrant of Interstate Highway 95 and Indrio Road, such land area further described 0 o in Part A, and approved the PTV Preliminary Development Plan/Regulating Plan for the project known as Indrio & 195 which provided for up to 2,683 dwelling units, 88,000 sq. ft. of retail, and 1,000,000 sq. ft. of commercial (including targeted o industry and hotel), subject to certain conditions. _ A U. O Y Ca c9, 2) In February 2024. District Planning Group. LLC, on behalf of the property owner, w w m Indrio & 195 Development, LLC, submitted a (revised) PTV Preliminary Development t Y w Plan/Regulating Plan for development of 2,518 dwelling units and 960,000 sq. ft. of wi-°°08 0 8,a 4 retail, office, and targeted industry space, and associated improvements on the w 0 property described in Part A below and depicted in the attached Exhibit "A." w 7 r Y Q wF at00 U= Z W m 0 3) The St. Lucie County Development Review Committee reviewed the PTV Preliminary cn Q J 2 W ` O CC Development Plan/Regulating Plan 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. 4) On June 20, 2024, 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, voted 7 to 0 to recommend that the Board of County Commissioners approve the PTV Preliminary Development Plan/Regulating Plan. 5) On July 9, 2024, the Board of County Commissioners, following a duly noticed public hearing at which all interested persons were given an opportunity to be heard, determined to approve the PTV Preliminary Development Plan/Regulating Plan. 6) The proposed project, with conditions of approval, will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, Resolution No. 2024-121 Page 1 File No.: PD-2402-000034 parking, utility facilities or other matters affecting the public health, safety, and general welfare. 7) 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. 8) 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. 9) 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: A. The land area that is the subject of this Resolution is described as follows: LEGAL DESCRIPTION O.R.B. 3821, PAGE 1461 PARCELII: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 SECTION 21, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT RIGHTS OF WAY FOR PUBLIC ROADS AND DRAINAGE CANALS. AND THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4, LESS THE NORTH 233.00 FEET THEREOF, SECTION 21, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT RIGHTS OF WAY FOR PUBLIC ROADS. TOGETHER WITH AN EASEMENT FOR DRAINAGE AND MAINTENANCE OVER THE WEST 30.00 FEET OF THE SOUTH 180.00 FEET OF THE NORTH 233.00 FEET OF THE NORTHEAST Y4 OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 34 SOUTH, RANGE 39 EAST. PARCEL 2: PARCEL A: THAT PART OF THE SOUTH ONE-HALF OF SECTION 17, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LYING EASTERLY OF INTERSTATE NINETY-FIVE (95) RIGHT OF WAY. PARCEL B: Resolution No. 2024-121 Page 2 File No.: PD-2402-000034 THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS AND EXCLUDING THEREFROM THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE WEST 1/4 (CORNER) OF THE SECTION 16, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 89 DEGREES 54 MINUTES 51 SECONDS EAST, ALONG SAID 1/4 SECTION LINE, A DISTANCE OF 573.91 FEET, TO THE POINT OF BEGINNING: THENCE CONTINUE ALONG SAID 1/4 SECTION LINE, SOUTH 89 DEGREES 54 MINUTES 51 SECONDS EAST, A DISTANCE OF 674.77 FEET; THENCE RUN SOUTH 01 DEGREES 44 MINUTES 17 SECONDS WEST, A DISTANCE OF 543.24 FEET; THENCE RUN NORTH 87 DEGREES 51 MINUTES 04 SECONDS WEST, A DISTANCE OF 174.98 FEET; THENCE RUN SOUTH 01 DEGREES 40 MINUTES 58 SECONDS WEST, A DISTANCE OF 168.98 FEET; THENCE RUN NORTH 87 DEGREES 57 MINUTES 37 SECONDS WEST, A DISTANCE OF 489.56 FEET; THENCE RUN NORTH 00 DEGREES 53 MINUTES 45 SECONDS EAST, A DISTANCE OF 689.01 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. PARCEL C: THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 34 SOUTH, RANGE 39 EAST. PARCEL D: THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LYING EAST OF INTERSTATE NINETY-FIVE (195), AND THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPTING FROM ALL OF THE FOREGOING (PARCELS A, B, C AND D) RIGHTS OF WAY FOR PUBLIC ROADS (INCLUDING INTERSTATE NINETY FIVE (195) AND DRAINAGE CANALS. TOGETHER WITH: THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT DRAINAGE CANALS, AND LESS AND EXCEPT THE EAST 80 ACRES OF THE ABOVE DESCRIBED PROPERTY. PARCEL 3: THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS THE NORTH 48 FEET AND LESS THE SOUTH 25 FEET THEREOF. PARCEL 4: THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 21, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT RIGHT OF WAY FOR DRAINAGE CANAL OVER THE SOUTH 40 FEET. O.R.B. 3905 PAGE 2082 Resolution No. 2024-121 Page 3 File No.: PD-2402-000034 PARCEL 1: THAT PORTION OF THE SOUTH 1/2 OF SECTION 21, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF 1-95 RIGHT-OF- WAY. PARCEL 2: AND THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE WEST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS RIGHT-OF-WAY FOR 1-95. O.R.B. 3879 PAGE 2025 THE LAND REFFERED TO HERIN BELOW IS SITUATED IN THE COUNTY OF ST. LUCIE, STATE OF FLORIDA, AND ID DESCRIBED AS FOLLOWS: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT ROADS AND DRAINAGE CANALS. AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS ROADS AND DRAINAGE CANALS. CONTAINING 835.65 ACRES, MORE OR LESS. [The surveyed acreage and legal description include 10.55 acres of FPFWCD Canals.] Parcel ID Number: 1316-311-0001-000-5 B. Pursuant to 11.02.07. of the St. Lucie County Land Development Code (LDC), the PTV Preliminary Development Plan/Regulating Plan for the project known as Indrio & 195 is hereby approved for the property described in Part "A" above, as shown on the Preliminary Regulating Plan prepared by MacKenzie Engineering & Planning, Inc. dated August 9, 2024, with revisions dated through June 27, 2024, which was received by the St. Lucie County Planning & Development Services Department on August 9, 2024, which is attached and incorporated herein as Exhibit "B", and subject to the following conditions: 1. No development application shall be approved until a Proportionate Fair Share Agreement and Development Agreement have been approved by the St. Lucie County Board of County Commissioners. These agreements shall mitigate the cumulative impacts for the entirety of the 798.15-acre development. The 36.03 acres identified for future development shall be the subject of separate Proportionate Fair Share and Development Agreements specific to the development on that property. Resolution No. 2024-121 Page 4 File No.: PD-2402-000034 2. Prior to issuance of a Certificate of Occupancy for each phase, all Category I listed invasive plan species shall be eradicated from within the limits of that phase in accordance to Land Development Code, Section 7.09.05. 3. Before final approval is granted to excavate any portion of the proposed flow way, a Phase I environmental assessment and, if warranted, a Phase II environmental assessment, shall be submitted to St. Lucie County. If levels of contaminants in the soil such as pesticides, herbicides, and metals are found to exceed state standards the area shall be remediated, or the site redesigned to accommodate storm water management in another location. 4. Prior to issuance of final PTV approval for any phase of the proposed development, a final countryside management plan, including but not limited to the management of the flow way system consistent with the TVC standards, shall be provided to the Environmental Resources Department. 5. Prior to issuance of final PTV approval for any phase of the proposed development, detailed plans for the creation of 16 acres of native upland habitat within the Countryside acreage, along with a monitoring plan designed to ensure establishment success shall be provided to the Environmental Resources Department for review and approval. 6. Within 30 days of final PTV approval for any phase of the proposed development or prior to issuance of a vegetation removal permit or exemption, whichever occurs first, the developer shall provide an executed Conservation Easement over all onsite wetlands and upland preserve areas, 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 or 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. 7. Prior to final PTV approval for any phase of the proposed development, species specific surveys per appropriate state and federal protocols for the potentially impacted species shall be provided. If these surveys result in findings, which require modifications to the development plans, the applicant acknowledges modifications to the preliminary approval may be required and shall be submitted to St. Lucie County for review and approval as required by the Land Development Code. The applicant will not use the County's preliminary development approval to prevent compliance with listed species protection requirements. 8. The residential density provided by the Transferable Development Value Map (Comprehensive Plan Figure 11-3) yields 1,680 dwelling units. Up to 2,518 dwelling units may be achieved through the use of density multipliers provided by the Comprehensive Plan and LDC. At the time Final PTV Site Plan approval(s) all Transferable Development Rights and any associated multipliers will be reviewed Resolution No. 2024-121 Page 5 File No.: PD-2402-000034 in accordance with Section 4.04.05. Specifically, the applicant will be required to demonstrate consistency with sending and receiving areas as described in all subsections of Ordinance 06-018 and adherence to multipliers applied per section 4.04.05.F.3, Table F-2. In addition, Section 4.04.05.G, Procedures for Use of Transferable Development Rights Credits, shall dictate the legal process by which development value is transferred within the subject property to developed areas. 9. Per Section 4.04.05.G.3.c, no building permit for the subject property shall be issued until the County has been presented with a copy of the recorded Deed of Transferable Development Rights and a copy of the recorded Conservation Easement. The entity responsible for the administration, management, and maintenance of the land set aside for the Open Space and Countryside of each new Town or Village shall be identified as part of the subdivision approval. 10. At the time of Final PTV submittal the applicant shall provide data for block length and perimeter analysis consistent with the Comprehensive Plan Policy 11.1.4.2(5) and LDC Section 3.01.03.EE.2.k(3). 11. At the time of Final PTV submittal, staff will review all proposed street types, lot types and land uses to verify that all designs are taken directly from the adopted regulations (Section 3.01.03.EE) without alteration and that all are compatible with relevant transect zones. 12. The approval of this Indrio & 195 PTV Preliminary Development Plan/Regulating Plan does not preclude providing an alternative school location at the time of Final Site Plan approval, subject to the agreement of the property owner, the St. Lucie County School District and the Director of the Planning and Development Services Department. 13. The final stage or phase shall be completed within twenty-five (25) years of the date of final development plan approval for that phase. 14. 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. Resolution No. 2024-121 Page 6 File No.: PD-2402-000034 15. Implementation of access management principles to the external roadways provides a cost-effective means for supporting mobility, safety, environmental, and preservation goals. A part of those goals includes internal service roads and other pathways to minimize traffic flow to and from external roadways, especially arterial roadways. Two current arterial roadways and a third potential border this development site. The applicant has provided illustrative aspects to help demonstrate the intermodal transportation paths and connectivity. The proposed plan, including access points to public roadways shown are for illustrative purposes only and shall not constitute an approval by the respective agency. Specific external connections will be reviewed for conformance to applicable standards at the time of more detailed design plan submittals. 16. The Preliminary Plan does not identify future right-of-way needs. The applicant understands additional changes and alterations to the current plan may be required due to right- of -way needs not currently shown on the plan. The applicant shall dedicate the necessary right-of-way to accommodate the future roadway needs. C. The PTV Preliminary Development Plan/Regulating Plan approval granted by this Resolution shall expire on July 9, 2026 (two years from approval) unless a Final Site Plan is obtained, or an extension is granted in accordance with LDC Section 11.02.06.B.3. 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, 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. E. The conditions set forth in Part B 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. F. A Concurrency Deferral Affidavit, a copy of which is attached hereto as Exhibit "C" and made a part hereof the Resolution, was signed by the applicant on January 22, 2024. Resolution No. 2024-121 Page 7 File No.: PD-2402-000034 G. A copy of this Resolution shall be provided to the owner of record as identified on the application. H. This Resolution shall be recorded in the Public Records. I. 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 9th day of July, 2024. ATTEST: DEPUTY CLE J-.oMM�ss�o • IPA couva4 -`� BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution No. 2024-121 Page 8 File No.: PD-2402-000034 EXHIBIT "A" LOCATION MAP 1 Subject Property; ,(p o Y 'mac- i Indr,io Rd 3 > C Q � � a d Y '0 — 0 W d i Florida Turnpike o St Lucie -Blvd rO L -� 0 co J-ualmta Av,e Angle Rd ~ Resolution No. 2024-121 Page 9 File No.: PD-2402-000034 5�j 8gly Nil lul i 9y 91 r ¢¢R V FY 6i 6 EXHIBIT B Preliminary Development Plan/Regulating Plan � 1 - �v�z Z > � � O - m C SITE DATA $ PRELIMINARY REGULATING PLAN acKenzie rf = INDRIO ROAD AND 1-95 ST. LUCIE COUNTY. FLORIDA (Engineering & Planning, Inc € Resolution No. 2024-121 Page 10 File No.: PD-2402-000034 EXHIBIT "C" (Concurrency Deferral Affidavit) St. Lucie County C-oneurren", Deferral Af idavit 1. Gustavo Lurner residing or doing; busitte,,q ,,tt 19370 Collins AVE Ste CUi Name Seueet Sunny tales FL 33160 t=ity' Slat: Zip Phan, have applied for a Major Amendment to a Fliu•rned Tntia uVirase from St, Lucie County,, l lorida, Type oF Development Order for the t(jllc),Ning project: lndrio and 1-95 PTV Nattt� l,,f Noposr.31-5 vel-ptat.m — I do hereby affirm that in conncction with nay application for the above project. I have elected io defer the ceffilicatc of capacity and reservation of capacity in public facilitic;3 for the above property until a later time, but no later than the application for a Final devetopartent or4cr for ibe same property, I understand and actxnow1cdge that the abox e lisied- propem; , ill be subject tri the.. certificate of capacity before any final developmcni order can be issued, and that St_ Lucie Comity can make no guarantec that adequate public f>!c €ities will t)e ivai[able when I apply kir the final dcvelopment order. 1 Rather acktww•lcdgc that according to Seution 5.118.01 of the St. Lucie County- Land Development {..ode, no final developrncnt approval can be. igranlcd until capacity in those facilities is avaqable at that tinge. The issuance of a preliminaq dQvclopment onier without a certificate of O acity cruatey-fo ve--dLd or odder rights to dcvelrip the suki ect property. Sighed: mate: [ -2 Applicant `+T. ,TE F WRIDA COUNT F 4log-ptc`-'I r. e/brefioinp, it mend `'M•as eLknuS4Icdgedl hGt`i ieic that -'"�'� clay o �ZI4'4_'Bi xha is persamally known to rue- or *hn has pfoduccd i �Sigiature -Nor Tye w f'rini Name of Notary al f tPlY __s,yhjmim1551bn tligt�ii� M paee i of l Revised: April 1,2W3 Resolution No. 2024-121 Page 11 File No.: PD-2402-000034