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Home My WebLink About24-238 RESOLUTION 2024-238 File Number: PD-2404-000038 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FROM THE AGRICULTURAL, RESIDENTIAL-1 (AR-1) ZONING DISTRICT TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT AND APPROVING A PRELIMINARY DEVELOPMENT PLAN ON +/- 36.65 ACRES, KNOWN AS 4540 N. KINGS HIGHWAY, 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) Cotleur and Hearing, on behalf of the property owner, St. Lucie SHG, LLC, presented a petition for an Amendment to the Official Zoning Atlas from the AR-1 (Agricultural, Residential-1) Zoning District to the PUD (Planned Unit Development) Zoning District, for certain property in St. Lucie County, Florida, located on N. Kings Highway as depicted on the attached map as Exhibit A and described in Part A below. 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 October 17, 2024, following installation of a sign 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 4-2 to recommend that the Board of County Commissioners approve the request for the property described in Part A, with conditions. 4) On December 3, 2024, following installation of a sign 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 approve the request for the property described in Part A. 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. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5428371 01/09/2025 09.17.39 AM OR BOOK 5255 PAGE 860-868 Doc Type:RESO Resolution No. 2024-238 Page 1 RECORDING $78.00 File No.: PD-2404-000038 PRELIMINARY PUD DEVELOPMENT PLAN 6) Cotleur and Hearing, on behalf of the owners of the property, St. Lucie SHG, LLC, submitted a PUD Preliminary Development Plan for development of 231 dwelling units, initially, and revised the Plan to feature 191 dwelling units and associated improvements 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 PUD Preliminary Development 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 October 17, 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 4-2 to recommend that the Board of County Commissioners approve the proposed rezoning to the PUD Zoning District and the Preliminary Development Plan, with conditions including increased open space and limits on townhome building mass. 9) On December 3, 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 approve the PUD Preliminary Development Plan. 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, where implementing the conditions of approval, 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: Resolution No. 2024-238 Page 2 File No.: PD-2404-000038 ZONING ATLAS AMENDMENT A. The property on which the Zoning Atlas Amendment, or change in zoning, from the AR-1 (Agricultural, Residential-1) to PUD (Planned Unit Development) is being granted is described as follows: Legal Description THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, LESS THE WEST 71 FEET CONVEYED TO THE FLORIDA STATE TURNPIKE AUTHORITY, IN SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY OWNED BY THE FLORIDA STATE TURNPIKE AUTHORITY BY VIRTUE OF ORDER OF TAKING RECORDED IN CIRCUIT COURT MINUTE BOOK 16, PAGE 363 PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING WITHIN 55 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTH BOUNDARY OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION WHICH POINT IS 536.68 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE RUN NORTHWESTERLY TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SAID POINT BEING 621.41 FEET NORTH FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER EXCEPTING AND EXCLUDING THE SOUTH 20 FEET AND THE WEST 40 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13. Parcel ID Number: 1313-330-0000-000-8 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 AR-1 (Agricultural, Residential-1) to PUD (Planned Unit Development) and to make notation of the reference to the date of adoption of this Resolution. PRELIMINARY PUD DEVELOPMENT PLAN C. Pursuant to 11.02.05(B) of the St. Lucie County Land Development Code, the PUD Preliminary Development Plan for the project known as 4540 N. Kings Hwy. is hereby approved, for the subject property described in Part A above, as shown on the Preliminary Development Plan for the project, prepared by Cotleur and Hearing, dated November 19, 2024, and received by the St. Lucie County Planning & Development Resolution No. 2024-238 Page 3 File No.: PD-2404-000038 Services Department on November 20, 2024, as attached and incorporated herein as Exhibit B, and subject to the following conditions: 1. Prior to approval of the Major Site Plan/Final Development Plan the following shall be submitted to the County or completed: a. Written confirmation by Florida Power and Light that the proposed improvements within the 15-ft. wide easement (DB 218, Page 178; modified ORB 133, PG48) are consistent with said easement. b. Written consent by the owner of the real property identified in the legal description as owned by the Florida State Turnpike Authority by virtue of an order of taking recorded in Circuit Court Minute Book 16, Page 363, Public Records of St. Lucie County. c. A Traffic Impact Report accepted by the County. d. Written confirmation from St. Lucie International Airport staff of no conflict between the proposed development and the Airport Overlay Zone. e. A landscape plan that complies with all applicable provisions of the Land Development Code, Section 7.09.04., regarding vehicular use area landscape buffer zones and the planting of native trees (and shrubs) on the individual dwelling areas consistent with LDC 7.09.04.1. f. A final tree mitigation plan consistent with LDC 6.00.05.D. g. The list of street names must be accepted by the County. h. Additionally, the Major Site Plan/Final Development Plan shall provide as follows: (1) The exact dimensions of the components of the street section, including travel lanes, sidewalk, landscape strip, curb and gutter and on -street parking shall be shown. (2) The townhouse building containing eight two-story dwellings will be modified to become two buildings with 4 dwellings each and the three townhouse buildings with 16 dwelling units will be modified to become six buildings, each with eight dwelling units. (3) All buildings shall be separated by at least 15 feet from buildings occupied by separate households, measured exterior wall to exterior wall. (4) The lease or other tenant rules shall prohibit parking on the grass or anywhere outside of a designated parking space. 2. 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. A Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. b. Surveys for all applicable listed species, including but not limited to crested caracara, shall be updated as necessary per individual species -specific Resolution No. 2024-238 Page 4 File No.: PD-2404-000038 requirements or written correspondence stating any potential impacts have been resolved from the appropriate state and federal agency. If any listed species impacts are found to be present as a result of these surveys, appropriate mitigative measures per state and federal agency requirements shall be provided prior to initiation of any clearing activities. 3. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. 4. Within 90 days of development approval, the applicant, property owner, developer, successor or assigns shall convey to St. Lucie County, in a manner and form acceptable to the County Attorney, the 80 feet of right-of-way along the southern boundary of the property. D. The PUD Preliminary Development Plan approval granted by this Resolution shall expire on December 3, 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 October 17, 2022. H. A copy of this Resolution shall be provided to the owner of record as identified on the application. This Resolution shall be recorded in the Public Records. Resolution No. 2024-238 Page 5 File No.: PD-2404-000038 J. ADOPTION After motion and second, the vote on this Resolution was as follows: Jamie Fowler, Chair AYE Larry Leet, Vice Chair AYE James Clasby, Commissioner AYE Erin Lowry, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 3RD day of December, 2024. ATTEST: GpMM/3S�py %f'r coulto ... DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: BY: (' F� 5S COUNTY ATTORNEY Page 6 Resolution No. 2024-238 File No.: PD-2404-000038 EXHIBIT A (LOCATION MAP) Resolution No. 2024-238 Page 7 File No.: PD-2404-000038 EXHIBIT B (PUD Preliminary Development Plan) Mii =;;-j�---I_-L AM- ---------------- a'C4A�L_ moon FKgce Resolution No. 2024-238 Page 8 File No.: PD-2404-000038 Exhibit C Concurrency Deferral Affidavit St. Lucie County Concurrency Deferral Aftitlavit Daniel Sorrow residing or doing business at 1934 Commerce Ln, Suite 1 Name street Jupiter FL 33458 561-747-6336 City Stttc Zip Phonc have applied for a Regulating Plan from St. Lucie County, Florida, Type of E)cvclopment Order for the following project: 4540 N Kings Highway Nnlllc of Propnscd 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 fur 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 SL 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 development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order %,ithout a certificate of capacity creates no vested or other rights to develop the subject property. Signed: A plies STATE OF FWRIDA Date: 3' Z-Q - 2-I-t COUNTY OF Paua The foregoing insitument was acknowtedged before me this _Z� day of 0 AI-Cx-, .20 Z4 by �- �]tn.. �� 5 dfr` taw who is cp n�un�lly known to me or wflo lSas pn7duced _ as identification, t,A. A,-, ~ RSi.gnature of Notary L4w4,01e1l,94 _ Commission Number rage 1 of t Revised: April 1, 2008 !..text%0�ao�t- Typc or print Name of Notay (Seal) MARI" ARI" SANZ Notary Public State of Florida Commit HH Ii 73'i ? EtrpiresOW202T Resolution No. 2024-238 Page 9 File No.: PD-2404-000038