HomeMy WebLinkAbout24-171 RESOLUTION 2024-171
File Number: PD-2402-000035
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FROM THE PTV
(PLANNED TOWNS AND VILLAGES) AND AG-1 (AGRICULTURAL -1)
ZONING DISTRICTS TO THE PRW (PLANNED RETAIL WORKPLACE)
ZONING DISTRICT AND APPROVING A PRELIMINARY DEVELOPMENT
PLAN ON +/- 46.63 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
8 o following determinations:
F W
it ZONING ATLAS AMENDMENT
U I-
S 1) Buc-ee's Fort Pierce, LLC. petitioned for an Amendment to the Official Zoning
LL p
x Atlas from the PTV (Planned Towns and Villages) (+/- 36 acres) and AG-1
o (Agricultural -1) (+/- 10 acres) Zoning Districts to the PRW (Planned Retail
W Z N;. Workplace) Zoning District, for certain property in St. Lucie County, Florida,
cr
J'9 a" located southeast of the 1-95 and Indrio Road interchange as depicted on the
QWoON
- o Y z attached map as Exhibit A and described in Part A below.
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"�Q�o W W m" 2) The St. Lucie County Development Review Committee reviewed the petition
to re-zone the property 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.
3) On August 15, 2024, 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, and voted to recommend that the Board of County
Commissioners approve the request for the property described in Part A.
4) On September 3, 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. The Board voted to continue the public hearing until
September 17, 2024.
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 PRW REGULATING PLAN
6) Buc-ee's Fort Pierce, LLC. submitted a Preliminary PRW (Planned Retail
Workplace) Regulating Plan for development of an approximate 76,245 sq. ft.
travel center including 120 vehicle fueling positions, three (3) outparcels, and
associated landscaping, parking, stormwater, and roadway improvements to
be known as Buc-ee's St. Lucie, on the property depicted in the attached map
as Exhibit A and described in Part A below.
7) 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.
8) On August 15, 2024, 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, and voted to recommend that the Board of County
Commissioners approve the Preliminary PRW (Planned Retail/Workplace)
Regulating Plan for the property described in Part A.
9) On September 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
September 17, 2024 at 9:00 A.M.
10) The proposed project, with conditions of approval, will not have an undue
adverse effect on adjacent property, the character of the neighborhood, traffic
Resolution No. 2024-171
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conditions, parking, utility facilities or other matters affecting the public health,
safety, and general welfare.
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 all applicable regulations.
13) 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) & PTV (Planned Town, Village) Zoning District to the
PRW (Planned Retail Workplace) Zoning District is being granted is described
as follows:
LEGAL DESCRIPTION - PARCEL 1
A PORTION OF SECTION 16, TOWNSHIP 34 SOUTH, RANGE 39
EAST AND OF SECTION 17, TOWNSHIP 34 SOUTH, RANGE 39 EAST,
ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION
16; THENCE NORTH 00°37'38" EAST ALONG THE WEST LINE OF
SECTION 16 A DISTANCE OF 2620.03 FEET TO THE WEST ONE-
QUARTER CORNER OF SAID SECTION 16 AND THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL AS FOLLOWS:
THENCE SOUTH 89°54'30" EAST ALONG THE NORTH LINE OF THE
SOUTHWEST ONE-QUARTER OF SAID SECTION 16 A DISTANCE OF
1320.00 FEET; THENCE, DEPARTING SAID NORTH LINE, SOUTH
00°00'53" WEST A DISTANCE OF 598.00 FEET; THENCE SOUTH
44°59'07" EAST A DISTANCE OF 71.50 FEET; THENCE SOUTH
89°59'07" EAST A DISTANCE OF 36.50 FEET; THENCE SOUTH
00°00'53" WEST A DISTANCE OF 90.00 FEET; THENCE NORTH
89°59'07" WEST A DISTANCE OF 36.50 FEET; THENCE SOUTH
45°00'53" WEST A DISTANCE OF 71.50 FEET; THENCE SOUTH
Resolution No. 2024-171
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00°00'53" WEST A DISTANCE OF 533.84 FEET; THENCE NORTH
89°54'27" WEST A DISTANCE OF 1334.14
FEET TO AN INTERSECTION WITH THE SAID WEST LINE OF
SECTION 16; THENCE CONTINUE NORTH 89°54'27" WEST A
DISTANCE OF 98.18 FEET TO AN INTERSECTION WITH THE
EASTERLY RIGHT OF WAY OF INTERSTATE 95 (STATE ROAD 9),
SECTION 94001-2407; THENCE NORTHERLY ALONG THE SAID
EASTERLY RIGHT OF WAY THE FOLLOWING CALLS; THENCE
NORTH 16°39'45" WEST A DISTANCE OF 58.07 FEET; THENCE
NORTH 15°06'05" WEST A DISTANCE OF 202.68 FEET; THENCE
NORTH 11°59'12" WEST A DISTANCE OF 202.67 FEET; THENCE
NORTH 10°25'37" WEST A DISTANCE OF 357.24 FEET; THENCE
NORTH 07°40'47" WEST A DISTANCE OF 248.03
FEET; THENCE NORTH 16°32'50" EAST A DISTANCE OF 177.27
FEET; THENCE NORTH 46°06'22" EAST A DISTANCE OF 126.58
FEET; THENCE NORTH 00°22'42" EAST A DISTANCE OF 19.58 FEET
TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHEAST
ONE-QUARTER OF SECTION 17, TOWNSHIP 34 SOUTH, RANGE 39
EAST; THENCE LEAVING SAID EASTERLY RIGHT OF WAY OF
INTERSTATE 95, SOUTH 89°36'44" EAST A DISTANCE OF 180.18
FEET TO THE POINT OF BEGINNING. LESS ROAD AND CANAL
RIGHTS OF WAY
ALSO LESS AND EXCEPT THE FOLLOWING;
A PORTION OF THE NW 1/4 OF THE SW 1/4 OF SECTION 16,
TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST 1/4 CORNER OF SECTION 16,
TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA; THENCE RUN S 89°54'51" E ALONG SAID 1/4 SECTION
LINE OF DISTANCE OF 573.91 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE ALONG SAID 1/4 SECTION LINE S 89°54'51" E A
DISTANCE OF 674.77 FEET; THENCE RUN S 01°44'17" W A
DISTANCE OF 543.24 FEET; THENCE RUN N 87°51'04" W A
DISTANCE OF 174.98 FEET; THENCE RUN S 01°40'58" W A
DISTANCE OF 168.98 FEET; THENCE RUN N 87°57'37" W A
DISTANCE OF 489.56 FEET; THENCE RUN N 00°53'45" E A
DISTANCE OF 689.01 FEET TO THE AFOREMENTIONED POINT
OF BEGINNING.
PARCEL 1 CONTAINING 2,002,052.0 SQUARE FEET OR 45.9608
ACRES MORE OR LESS TOTAL INCLUDING PARCEL 2
PARCEL 1 CONTAINING 1,594,166.6 SQUARE FEET OR 36.5970
ACRES MORE OR LESS NET EXCLUDING PARCEL 2
Resolution No. 2024-171
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LEGAL DESCRIPTION - PARCEL 2
A PORTION OF THE NW 1/4 OF THE SW 1/4 OF SECTION 16,
TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST 1/4 CORNER OF SECTION 16,
TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA; THENCE RUN S 89°54'51" E ALONG SAID 1/4 SECTION
LINE OF DISTANCE OF 573.91 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE ALONG SAID 1/4 SECTION LINE S 89°54'51" E A
DISTANCE OF 674.77 FEET; THENCE RUN S 01°44'17" W A
DISTANCE OF 543.24 FEET; THENCE RUN N 87°51'04" W A
DISTANCE OF 174.98 FEET; THENCE RUN S 01°40'58" W A
DISTANCE OF 168.98 FEET; THENCE RUN N 87°57'37" W A
DISTANCE OF 489.56 FEET; THENCE RUN N 00°53'45" E A
DISTANCE OF 689.01 FEET TO THE AFOREMENTIONED POINT OF
BEGINNING.
CONTAINING 407,885.5 SQUARE FEET OR 9.3638 ACRES MORE OR
LESS
TOGETHER WITH A PERPETUAL NON-EXCLUSIVE EASEMENT FOR
INGRESS AND EGRESS AS RESERVED AND MORE FULLY
DESCRIBED IN THAT CERTAIN DEED RECORDED IN OFFICIAL
RECORD BOOK 388, PAGE 641, OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA.
Parcel ID Numbers: 1316-321-0002-000-3 (entire) &
1316-311-0001-000-5 (portion of)
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 Kimley-Horn, dated October 10, 2023, and
received by the St. Lucie County Planning & Development Services
Resolution No. 2024-171
Page 5 File No.: PD-2402-000035
Department on July 13, 2024, as attached and incorporated herein as Exhibit B,
and subject to the following conditions:
1. The Final Site Plan shall provide for a Final Record Plat, encompassing the
subject development, and where required by ordinance or law, provide for
division from the Indrio & 1-95 PTV.
2. The development of Outparcel Tracts 2, 3 and 4 shall be accomplished in a
form and manner advancing the traditional neighborhood design envisioned for
the TVC, through eligible lot types. Parking on said lots is anticipated to be
located on the west side facing Buc-ee's vehicle fueling and parking and the
buildings located adjacent to the eastern property line(s).
3. Prior to approval of the Final Site Plan, a revised Tree Survey and Tree
Mitigation Plan, conforming to LDC 6.00.00., including revisions consistent with
LDC Sections 6.00.05.E and 7.09.03.E. shall be provided.
4. Prior to approval of the Final Site Plan, approval from the St. Lucie County Fire
District shall be obtained.
5. Prior to approval of the Final Site Plan, in consultation with the St. Lucie County
Area Regional Transit, at least one future transit stop on the subject site shall
be identified.
6. A Site Development Permit is required prior to commencement of any site
development activities.
7. A Road Improvement Agreement and appropriate bond will be required for all
permanent improvements within the right-of-way.
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., the following shall be accomplished:
a. A Vegetation Removal Permit or Exemption shall be obtained from the
Environmental Resources Department per LDC 6.00.03.
b. An updated 100% gopher tortoise survey conducted by a state certified
gopher tortoise agent will be required per Florida Fish and Wildlife
Conservation Commission (FWC) protocol, as these surveys are only valid
for 90 days.
c. The Applicant shall provide any required fee-in-lieu of tree mitigation to the
County's tree mitigation fund.
9. A Subdivision Improvement Agreement shall be required if a plat is to be
recorded prior to construction of all required improvements, which required
improvements may include may include access to Outparcels 2, 3 and 4.
Resolution No. 2024-171
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10. Within 90 days of approval of the Final Site Plan, the applicant, property
owner, developer, successors, or assigns, shall convey to St. Lucie County, in
a manner or form acceptable to the County Attorney, 158 feet of right-of-way for
the extension of Koblegard Road, along with additional right-of-way for the
traffic circle and driveway connection as shown on the Site Plan.
11.Prior to issuance of a Certificate of Occupancy, all Category I listed invasive
plants shall be eradicated from the site.
D. The Preliminary PRW Regulating Plan approval granted by this Resolution shall
expire on September 17, 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
C and made a part hereof the Resolution, was signed by the applicant on
February 13, 2024.
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.
A copy of this Resolution shall be provided to the owner of record as identified
Resolution No. 2024-171
Page 7 File No.: PD-2402-000035
on the application.
J. This Resolution shall be recorded in the Public Records.
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 17TH day of September 2024.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
B
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ATTEST: ca * APPROVED AS TO FORM AND
* Y ;.1- \o� CORRECTNESS:
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44/dt BY: ' A'
DEPUTY CLERK COUNTY A Or EY
Resolution No. 2024-171
Page 8 File No.: PD-2402-000035
EXHIBIT A
(LOCATION MAP)
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Resolution No. 2024-171
Page 9 File No.: PD-2402-000035
EXHIBIT B
(PRELIMINARY PRW REGULATING PLAN)
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Resolution No. 2024-171
Page 10 File No.: PD-2402-000035
Exhibit C
Concurrency Deferral Affidavit
St.Lucie County
Concurrency Deferral Affidavit
1, Stan Beard ,residing or doing business at&'327 FM 2C04
Name Street
Lake Jackson TX 77566 (346)774-2242
City State Zip Phone
have applied for a Rezoning and Preliminarylt'inal PRW from St.Lucie County,Florida,
Type of Development Order
for the following project:Buc-ee's PRW
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 1 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 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: February 13,2024
Applicant
STATE OF FLORIDA
COUNTY OF Si.->aetsita• lair 15 t. (�
The foregoing instrument was acknowledged before me this / day of '�'Q1/f ,20E4,by_ _
��'701N 'aeithi ka. who is personally known to me or who has produced 1\1._._
as identification.
Signature of Notary Type or Print Name of Notary
l 2..cj1 3 kt 2_3 Commission Number (Seal)
4414'n,, DEANNA REHM
=,g #," Notary Public,State)of Texas
. '4=Comm.Expires D6.21-2026
'. ,;+'' Notary ID 125734623
Page 1 of I
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Revised: April 1,2008
Resolution No. 2024-171
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