HomeMy WebLinkAbout24-097 ac
o RESOLUTION NO. 2024-97
W FILE NO.: PD-2307-000029
0 re
5.
A RESOLUTION OF THE BOARD OF COUNTY
o COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
AMENDING THE OFFICIAL ZONING ATLAS FOR A PARCEL
Q.• NC N
u OF LAND LOCATED ON THE SOUTH SIDE OF MIDWAY
Z Q a g ROAD, 400 FEET WEST OF SOUTH 25TH STREET, FROM THE
8;0 1 AR-1 (AGRICULTURAL, RESIDENTIAL-1) DISTRICT TO THE
d W v-N 6 PNRD (PLANNED NONRESIDENTIAL DEVELOPMENT
-▪IJ*lI gCI
DISTRICT) AND PRELIMINARY PNRD SITE PLAN
uzJPW APPROVAL FOR A PROJECT TO BE KNOW AS
"O RODRIGUEZ-MIDWAY PNRD.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
testimony and evidence, including, but not limited to the staff report, has made the following
determinations:
1) Bradley Currie, AICP, on behalf of Property Rental of Fort Pierce, LLC, presented a
petition for an Amendment to the Official Zoning Atlas from AR-1 (Agricultural,
Residential-1) Zoning District to the PNRD (Planned Nonresidential Development)
Zoning District and an associated Preliminary PNRD Site Plan to develop a shopping
center, with five (5) buildings totaling 37,000 square feet, to be known as the
Rodriguez-Midway PNRD for property located on the south side of Midway Road, 400
feet west of South 25th Street, in unincorporated St. Lucie County, Florida, as depicted
on the attached location map as Exhibit A and described in Part A below.
2) On March 21, 2024, the St. Lucie County Planning and Zoning Commission held a
public hearing on this petition, after a notice sign was installed on the property and
property owners within 500 feet of the subject property were mailed notice letters. The
Commission recommended that the Board of County Commissioners approve the
request for the property described in Part A.
3) On May 7, 2024, the Board of County Commissioners held a public hearing on this
petition, after a notice sign was installed on the property and property owners within
500 feet of the subject property were mailed notice letters, and voted to continue this
item to the June 4, 2024 Board of County Commissioners meeting.
4) On June 4, 2024, the Board of County Commissioners continued the public hearing on
this item and voted to continue the proposed rezoning to PNRD and preliminary site
plan to the September 3, 2024 Board of County Commissioners meeting.
5) On September 3, 2024, the Board of County Commissioners continued the public
hearing on this item to October 1, 2024.
Resolution No. 2024-97
File No PD-2024-000029
Page 2
6) At the October 1, 2024 meeting the Board of County Commissioners voted to approve
the petition.
7) The St. Lucie County Development Review Committee has reviewed the rezoning
petition and preliminary planned development site plan and found them 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.
8) The proposed change in zoning satisfies the requirements of Section 11.06.03 of the St.
Lucie County Land Development Code (LDC) and is consistent with the goals,
objectives, and policies of the Comprehensive Plan.
9) The Development Review Committee has reviewed the Preliminary PNRD Site Plan
for the project and found it to meet the technical requirements and to be consistent with
the Comprehensive Plan, subject to the conditions set forth in Part B of this Resolution.
10) 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.
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 applicable
district regulations.
13) The proposed project will be served by Port St. Lucie Utilities for water and wastewater
services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
ZONING MAP AMENDMENT
A. The property on which the Zoning Map Amendment, or change in zoning, from AR-1
to PNRD is being granted and is described as follows:
Legal Description:
5 36 40 BEG AT A PT 40 FT S AND 470.60 FT W OF NE COR OF SE 1/4 OF SD
SEC 5, SD PT BEING ON S R/W OF MIDWAY RD, TH SLY 300 FT M/L TO N LI
OF TWELVE OAKS ESTATES, TH WLY ALG SD N LI 848.04 FT TO W LI OF NE
1/4 OF SE 1/4, TH NLY ALG SD W LI OF NE 1/4 OF SE 1/4 299.06 FT TO S R/W
Resolution No 2024-97
File No PD-2024-000029
Page 3
OF MIDWAY RD, TH ELY SD S R/W 849.05 FT TO POB-LESS TO SLC FOR R/W
AS IN OR 672-2325 (4.76 AC) (OR 2312-2316: 3577-310)
Parcel ID Number: 3405-411-0001-000-1
PRELIMINARY PNRD SITE PLAN
B. Pursuant to 11. 02.05( B) of the LDC, the PNRD Preliminary Site Plan for the project
known as the Rodriguez-Midway PNRD is hereby approved, for the subject property
described in Part A above, as shown on the preliminary site plan drawings for the
project, Exhibit B, prepared by Engineering Design & Construction, Inc and dated
December 28, 2023, and associated Building Elevations, Exhibit C, dated March 4,
2024, and subject to the following conditions:
1. Hours of operation shall be limited to 7:00 AM and 9:00 PM for the grocery
store, and 7:00 AM to 10:00 PM for the restaurant, and other retail / service
uses.
2. Delivery hours shall be limited to 7:00 AM and 9:00 PM.
3. A six-foot-tall wall atop a two-foot berm, or an eight-foot-tall wall shall be
provided along the southern property line, with a placement that preserves
existing trees to the greatest extent practicable.
4. During the Final Site Plan process, the Applicant will seek opportunities to
preserve protected trees through the minor adjustment of building footprints,
pond, and parking area layout.
5. Staff strongly encourages the use of green building standards and believes that
such a commitment provides additional support for the project.
6. Architectural elevations shall apply to all facades facing Midway Road and
internal driveways and parking areas. Individual storefront facades shall be
arranged differently on each building to avoid repetition. Buildings A and C
shall integrate the Architectonic elevations, dated March 4, 2024, and included
as Exhibit C-1 and C-2 in the Resolution. Buildings B-1, B-2, and B-3 shall
integrate the "Alternative" elevations that more closely follow the styles of
historic White City buildings. Minor adjustments to the final elevations, where
consistent with LDC 7.10.24, may be proposed with the Final Site Plan for
consideration by the Planning & Development Services Director. Building and
other exterior lighting shall be shielded to minimize glare on adjacent properties
and right-of-way.
7. Loading areas for each building are limited to what is shown on the site plan.
Loading areas shall be visually screened from adjacent properties and right-of-
way.
8. Maximum building height shall be 35 feet and one story, except that one of the
Building B buildings shall be two stories to allow for a caretaker/manager's
residence on the second floor.
Resolution No. 2024-97
File No.: PD-2024-000029
Page 4
9. Once business operations commence, the owner and onsite caretaker shall
cooperate with Twelve Oaks neighbors in addressing safety issues (Planning
and Zoning Commission recommendation).
10. Businesses and activities shall strictly adhere to the noise ordinance. Outdoor
holiday celebrations at the restaurant(s) shall require advance notice to the St
Lucie County Director of Planning and Development Services.
11. The Dumpster(s) location shall be determined at the time of final site plan
review. Dumpster(s) shall be located at least 75 feet from the south property line
unless supplemental screening landscaping is provided for a location no less
than 40 feet from the south property line. Solid waste pickup shall be between
the hours of 7 AM and 5 PM.
12. 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 applicant shall provide written correspondence from applicable
agencies regarding surface waters and whether mitigation is required.
13. Prior to final site plan approval, the applicant shall provide a tree survey and
tree mitigation plan in accordance with the Land Development Code.
14. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive
species shall be eradicated from the site.
15. Prior to final site plan approval, the applicant shall provide a landscape plan in
accordance with LDC 7.09.00.
16. 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, an updated gopher tortoise survey conducted by a state certified gopher
tortoise agent will be required per Florida Fish and Wildlife Conservation
Commission(FWC)protocol.
17. 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 applicant shall provide written correspondence from applicable
agencies regarding surface waters and whether mitigation is required.
18. The development will provide drainage improvements (i.e. swale
regrading/restoration) and a 10-foot-wide easement for adjacent properties on
the north side of Gray Twig Lane, while also preserving as many trees within
this area/easement as reasonably possible. Native trees specifically impacted by
the subject stormwater improvements provided herein shall not be subject to
tree mitigation requirements by the development. Native trees preserved within
the easement that are not impacted by stormwater improvements and swale
maintenance may provide preservation credits if eligible under the Land
Development Code.
C. 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
Resolution No. 2024-97
File No PD-2024-000029
Page 5
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, St. Lucie County Fire
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.
D. The conditions set forth in Part B are an integral and non-severable part of the
Preliminary PNRD site plan approval granted by this Resolution. If any condition set
forth in Part B 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.
E. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as
Exhibit D was signed by the applicant on June 20, 2023.
F. A copy of this Resolution shall be mailed to the owner of record as identified on the
application.
G. This Resolution shall be recorded in the Public Records.
H. ADOPTION
After the motion and second, the vote on this Resolution was as follows:
Cathy Townsend, Chair Absent
Chris Dzadovsky, Vice-Chair AYE
Linda Bartz, Commissioner AYE
Larry Leet, Commissioner AYE
Jamie Fowler, Commissioner AYE
PASSED AND DULY ADOPTED this 1st day of October, 2024.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Resolution No. 2024-97
File No.: PD-2024-000029
Page 6
. 4
BY
{GOMM/ss� VICE- Chair
ATTEST TS Oy
� u APPROVED AS TO FORM
Ci /a .,4 70 i AND CORRECTNESS
n 1/ �l• r �o
Deputy Clerk County Attu'
Resolution No. 2024-97
File No.: PD-2024-000029
Page 7
EXHIBIT A
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Resolution No. 2024-97
File No.: PD-2024-000029
Page 9
EXHIBIT C-1
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Resolution No. 2024-97
File No.: PD-2024-000029
Page 10
EXHIBIT C-2
(PNRD ARCHITECTURAL ELEVATIONS FOR BUILDINGS B-1, B-2, & B-3)
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Resolution No. 2024-97
File No.: PD-2024-000029
Page 11
EXHIBIT D
CONCURRENCY DEFERRAL AFFIDAVIT
. L LIE
COUNTY St. Lucie County
F L O R I D A-40
Concurrency Deferral Affidavit
I Brad Currie(Auth Agent) residing or doing business at 3171 SW Collings Drive
Name Street
Port St.Lucie FL 34982 772-342-4314
City State Zip Phone
have applied for a Future Land Use Map Amendment from St. Lucie County, Florida,
Type of Development Order
for the following project:Rodriguez-Midway&Jorgensen
Name of Proposed Development
Parcel ID Number(s):3405-411 0001 000-1
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 LDC, 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. '
Bradley J.Currie(Auth.Agent) // (y/2V/S3
Applicant Name(Printed) Signature se i nt Date
Florida St.Lucie
STATE OF COUNTY OF Zt)41k � �
The foregoing instrument was acknowledged before me this day of
20 Z.2 by Bradley J.Currie(Auth.Agent) who is personally known to
me or who has produced (CL- as identification.
t ► I (/�I%'-� tom` Patricia M.Sesta
Ignature of Notary Type or Print Name of Notary
HH006694 Commission Number (Seal)
4y.Y Notary Public State of Merida
'2 Patricia M Sesta
My Commission HH 006694
Page 11 of 11 �'►waer Expires
Revised:June 19,2008