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HomeMy WebLinkAbout25-082 RESOLUTION 2025-82 File Numbers: PD-2407-000047 &WTLW-2412-000047 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY APPROVING AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM THE PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT AND A PRELIMINARY PUD SITE PLAN WITH A WETLAND WAIVER FOR A 23 LOT SINGLE-FAMILY SUBDIVISION ON +/-23.11 ACRES LOCATED ON SOUTH OCEAN DRIVE, APPROXIMATELY ONE-HALF MILE SOUTH OF ANACOSTIA PLACE ON SOUTH HUTCHINSON ISLAND, FORT PIERCE. 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) Brian O'Connell, Esq., on behalf of AC Laguna LLC. and Richard Ladyko, PE, presented a petition for an Amendment to the Official Zoning Atlas from PNRD (Planned Non-Residential District) to PUD (Planned Unit Development) with an associated Preliminary PUD Site Plan for a 23-lot single-family subdivision, located at on South Ocean Drive, approximately one-half of a mile south of Anacostia Place, for certain property in St. Lucie County, Florida, as depicted on the attached map as Exhibit "A" and described in Part "A" below. 2) On March 20, 2025, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing and passed a motion to recommend the Board of County Commissioners approve with conditions the hereinafter described request for the property described in Part "A". 3) On April 8, 2025, this Board held a public hearing on this petition after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing, causing installation of a notice sign on the petition site, and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing. 4) 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. NICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Resolution No. 2025-82 SAINT LUCIE COUNTY File No.s: PD-2407-000047&WTLW-2412-000047 FILE# 5474144 04/30/2025 03:00:07 PM DR BOOK 5305 PAGE 1128-1139 Doc Type:RESO RECORDING: $103.50 WETLAND WAIVER 5) Brian O'Connell, Esq., on behalf of AC Laguna LLC. and Richard Ladyko, PE, has requested, as part of a proposed Preliminary PUD Site Plan, a waiver from Comprehensive Plan Policies 6.1.14.2 and 6.1.14.5 to provide 0.85- acres of direct dredge and fill wetland impacts and to forgo portions of the associated 50-ft. upland buffer required, as depicted on the site plan described in Part H. 6) After consideration of the application documents, staff comments and the standards of review for granting a waiver as set out in Policy 6.1.14.2.d, St. Lucie County Comprehensive Plan, at the April 8, 2025 public hearing, the Board of County Commissioners has made the following determination: a. The requested waiver for Category 1 wetland impacts and upland buffer impacts as depicted on the attached site plan meets the standards of review as set forth in Policy 6.1.14.2.d of the St. Lucie County Comprehensive Plan. b. The waiver granted will impair other property or improvements in the neighborhood. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, environmental restoration and enhancement, site design, landscaping, and screening. c. The waiver granted is the minimum necessary to allow for construction of the access roadway to the buildable uplands and reasonable use of the site. d. The applicant has reduced the proposed wetland dredge and fill impacts associated with the development by utilizing a piling supported bridge system, in lieu of a portion of the previously proposed filled access road. This redesign will better maintain existing hydrologic flow within the onsite wetland system. Further, the applicant proposes to mitigate the wetland impacts through on-site wetland enhancements and provide the remaining required wetland mitigation, as determined through the state and federal permitting processes via purchase of mangrove wetland credits, from a permitted mitigation bank. PUD PRELIMINARY SITE PLAN 7) Brian O'Connell, Esq., on behalf of AC Laguna LLC. and Richard Ladyko, PE, presented a petition for a Preliminary PUD Site Plan to be known as the Atlantic PUD on 23.11 acres comprised of a twenty-three (23) lot single- Resolution No. 2025-82 Page 2 File No.s: PD-2407-000047&WTLW-2412-000047 family subdivision for the property depicted in the attached map as Exhibit "A" and described in Part "A" below. 8) On March 20, 2025, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing and passed a motion to recommend the Board of County Commissioners approve with conditions the hereinafter described request for the property described in Part "A". 9) On April 8, 2025, this Board held a public hearing on this petition after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing. 10) The St. Lucie County Development Review Committee (DRC) has reviewed the Preliminary PUD Site Plan for the project and found it to generally meet all technical requirements and to be generally consistent with the Future Land Use Map of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part "H" of this Resolution. 11) The proposed project, in adherence with the presented 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. 12) 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. 13) 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. 14) The proposed project will be served by Fort Pierce Utilities Authority for potable water and St. Lucie County Utilities for wastewater. 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 PNRD (Planned Non-Residential District) to PUD (Planned Unit Development) Resolution No. 2025-82 Page 3 File No.s: PD-2407-000047&WTLW-2412-000047 with an associated Preliminary PUD Site Plan is being granted is described as follows: Legal Description: Parcel 1 The North 469.42 Feet of Government Lot 2, Section 29, Township 35 South, Range 41 East, St. Lucie County, Florida, together with a non-exclusive easement for Ingress and Egress over the following; From the N.W. corner of Government Lot 2, Section 29, Township 35 South, Range 41 East, run South along the West line of said Government Lot 2, a distance of 469.42 Feet to the Point of Beginning; thence continue South 121 feet to the easterly right-of-way line of State Road A-1-A, thence run Southeasterly along said right-of-way , 122.51 Feet, thence run North 227.81 Feet; thence run West 60.00 Feet to the Point of Beginning. Parcel 2 The South 469.42 Feet of the North 938.84 Feet of Government Lot 2, Section 29, Township 35 South, Range 41 East, St. Lucie County, Florida. Excepting the right-of-way of State Road A-1-A, subject to a non-exclusive easement for Ingress and Egress over the following; From the N.W. corner of Government Lot 2, Section 29, Township 35 South, Range 41 East, run South along the West line of said Government Lot 2, a distance of 469.42 Feet to the Point of Beginning; thence continue South 121 Feet to the Easterly right-of-way of State Road A-1-A; thence run Southeasterly along said right-of-way 122.51 Feet; thence run North 227.81 Feet, thence run 60.00 Feet to the Point of Beginning. Parcel ID Numbers: 2529-231-0002-000-4 and 2529-231-0001-000-7 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 PNRD (Planned Non-Residential District) to PUD (Planned Unit Development) with an associated Preliminary PUD Site Plan and to make notation of the reference to the date of adoption of this resolution. WETLAND WAIVER C. The petition for a Waiver from the provisions of Policies 6.1.14.2 and 6.1.14.5 of the St. Lucie County Comprehensive Plan, for the alteration of wetlands and impacts to wetland buffers when no other reasonable alternative exists and avoidance and minimization of impacts cannot otherwise be achieved, submitted by Brian O'Connell, Esq., on behalf of AC Laguna LLC. and Richard Ladyko, PE, is/is not granted subject to the conditions described in Part "H". Resolution No. 2025-82 Page 4 File No.s: PD-2407-000047&WTLW-2412-000047 D. The property on which this waiver request is approved is described in Part "A". E. This waiver will allow development of a hybrid access roadway and support parking required by the facility while providing for mitigation of the wetland impacts through on-site enhancements of the onsite preserved wetland and purchase of mangrove wetland credits, as determined by the state and federal agency permitting process, from a permitted mitigation bank. F. This waiver shall not be valid for a period longer than the approval granted in Part "I" of this Resolution. G. The Waivers granted under this Resolution are to enable development of the site as depicted on the Preliminary Planned Unit Development Site Plan drawings prepared by, dated and date stamped received by the St. Lucie County Planning & Development Services Director on and is limited to the uses and site design approved by the Board of County Commissioners on April 8, 2025. Any modifications that have an environmental impact must be approved by the Board of County Commissioners or said Waiver is null and void (unless the proposed changes are required to meet conditions of approval). PUD PRELIMINARY SITE PLAN H. Pursuant to 11.02.05. B. of the St. Lucie County Land Development Code, the Planned Unit Development Preliminary Site Plan for the project known as the Atlantic PUD is hereby approved, for the subject property described in Part "A" above, as shown on the site plan drawings for the project prepared by Richard Ladyko, PE, dated November 1, 2024, and date stamped received by the St. Lucie County Planning & Development Services Department on December 27, 2024, as attached and incorporated herein Exhibit "C" subject to the following conditions: 1. The applicant, or successor in interest, shall acknowledge this property is located within the COBRA zone designation via the Plat. 2. Prior to final site plan approval, the project shall secure certification for transportation concurrency — including any alternative development fee obligations as provided for Hutchinson Island Development. The Applicant and Staff shall explore the Planning & Zoning Commission's Recommendation for ingress turn lanes with the MOT prior to issuance of the Certificate of Capacity. 3. Prior to final site plan approval, the site plan shall be revised to accurately reflect the proposed on-site parking, including a community covenant to maintain the minimum required allocation of parking — including provisions to deter parking in a manner which impedes use of the community's sidewalk. Resolution No. 2025-82 Page 5 File No.s: PD-2407-000047&WTLW-2412-000047 4. Prior to final site plan approval, the final site plan shall relocate the lift station south, as far away from the wetland as possible. 5. Prior to final site plan approval, the final site plan shall describe the dune crossover as raised/elevated. Additionally, depiction and call out of permanent ropes and bollards shall be offset ten ft. (10') from the dune preservation zone. 6. Prior to final site plan approval, the final site plan shall depict and include notes of the lift station design, which shall include the following precautions to prevent contamination of the wetland in the event of a system failure (Comprehensive Plan Policy 6.1.14.2.c): a) The top of wetwell and electrical components will be sited sufficiently above the flood elevation of concern. b) A permanent emergency generator to ensure functionality of the station in the event of a power outage shall be provided. c) An appropriate alarm (high level, pump failures, etc.) and a means of notification (e.g. autodialer) to notify of problems at the lift station so utility personnel can respond in a timely manner shall be installed. d) Routine maintenance shall be performed to prevent a failure of the lift station. 7. Prior to final site plan approval, submit an updated Environmental Impact Report to include the amount of total impacts to the wetland buffer, UMAM scores for impacts to the wetland and discussion of how wetland mitigation is being satisfied per the state and/or federal agencies. 8. Prior to final site plan approval or 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, provide an updated boundary survey per LDC 11.02.09.A, including but not limited to, locations of all submerged lands, limits and elevations of any jurisdictional wetlands along with the identification of the agency or agencies claiming jurisdiction. 9. 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 executed Conservation Easement over all unimpacted onsite wetlands and their associated buffers and the coastal dune preservation zone within the parcel boundaries will be placed under conservation easement along with the approved Preserve Area Monitoring and Management Plan (PAMMP), Dune Restoration Plan, and Sea Turtle Protection Plan with an attached affidavit and cashier's check (payable to the Clerk of the Court for 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. Resolution No. 2025-82 Page 6 File No.s: PD-2407-000047&WTLW-2412-000047 10.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 Preserve Area Monitoring and Management Plan (PAMMP) shall be updated to include the following: a. Provide exhibits (i.e., detail/depiction) and accompanying description of the permanent preserve signage for all preserve areas. b. Provide the locations of the permanent preserve signs via an exhibit of the site plan. c. Ensure the dune walkover complies with County and FDEP guidelines. d. Permanent ropes and bollards shall be offset ten ft. (10') from the dune preservation zone. 11.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, provide all appropriate outside agency permits including but not limited to Florida Department of Environmental Protection (FDEP), Army Corps of Engineers (ACOE), etc. 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, provide documentation of wetland mitigation purchase to the Bear Point Mitigation Bank. 13.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, provide the coastal construction control line (CCCL) permit from Florida Department of Environmental Protection (FDEP) per LDC 6.05.00. 14.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, listed species surveys shall be supplied to ERD. 15.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, to allow for the elevated/raised dune crossover, provide a permit from the appropriate agencies prior to access being established. All development shall comply with the requirements and criteria outlined and LDC 6.02.01.H in order to protect the functions and values of the estuarine and beach-dune shoreline areas. 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, a pre-construction meeting shall be held including but not limited to ERD and other County Staff, outside agency representatives, etc. Resolution No. 2025-82 Page 7 File No.s: PD-2407-000047&WTLW-2412-000047 17.Prior to the issuance of a Certificate of Occupancy, all seaward and shore- perpendicular facing windows and doors shall be fitted with tinted glass or film with a visible light transmittance value of forty-five (45) percent or less. A registered Florida architect or engineer shall conduct a nighttime survey with all of the beachfront lighting turned on and provide a report of the inspection to the Environmental Resources Department as outlined in the approved Sea Turtle Protection Plan. If any violations of the sea turtle lighting code are identified, a Certificate of Occupancy shall not be issued until all violations have been corrected. 18.Prior to issuance of a Certificate of Occupancy all Category I listed invasive plant species shall be eradicated from the site. I. The Preliminary PUD Site Plan approvals granted by this Resolution shall expire on April 8, 2027, unless a Building Permit is obtained, a Plat is recorded or an extension is granted in accordance with Section 11.02.06(B)(3) of the Land Development Code. J. 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. K. The conditions set forth in Part "H" are an integral non-severable part of the site plan approval granted by this Resolution. If any condition set forth in Part "H" 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. L. A Concurrency Deferral Affidavit, a copy of which is attached hereto as Exhibit "B" and made a part hereof the Resolution, was signed by the applicant on May 17, 2024. M. A copy of this Resolution shall be mailed to the owner of record as identified on Resolution No. 2025-82 Page 8 File No.s: PD-2407-000047&WTLW-2412-000047 the application. N. This Resolution shall be recorded in the Public Records. O. 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 ABSENT PASSED AND DULY ADOPTED this 8th day of April, 2025. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA GOMIM B ,�y sio HA I R O ATTEST: c* N APPROVED AS TO FORM AND CORRECTNESS: `G04 couH� f�o DEPUTY CLERK COUNTY ATTO N Y Resolution No. 2025-82 Page 9 File No.s: PD-2407-000047 &WTLW-2412-000047 EXHIBIT "A" LOCATION MAP CPUB CPUB ANACOSTIAT ILN, HIRD HIRD Atlantic Ocean s 0 Indian 92 River °� Legend PUD ® Subject Property PUD CPUB CPUB-Conservation Public N PUD-Planned Unit Development HIRD-Hutchinson Island Residential District CPUB PUD Resolution No. 2025-82 Page 10 File No.s: PD-2407-000047&WTLW-2412-000047 EXHIBIT "B" CONCURRENCY DEFERRAL AFFIDAVIT St.Lucie County �J /� Concurrency Deferral Affidavit (� I, 991" /y ©LGW'Vell residing or doing business at � � VS'Y1 ' -go Name Street -r_'— r� FL, , .:3 Y, 56/-3oi-o2/97 City f State Zip Phonc have applied for a�?6[_ P.U.1� from St.Lucie County,Florida, Type of Development Ordcr for the following project: _ r#6- .4TLA.vr7c Ran D Name of Proposed Development I do hereby affirm that in connection with my application for the above project,l 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 development approval can bo 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: 1 ' Applicant STATE OF FLORIDAn� COUNTY OFC�ill(�f The foregoing instrument was acknowledged before me this ! day of I t.-' 20-�by_ �r UGC +! 1- who is personally known tome or who has produced V 1 J�as identification Signature o,QQ Type or Print Name of Notary -P44 Commission Number (Seal) K;us;M JAMMSON **Notary Public.Stan Of Florida Icot fission No NH II W8 i.. My Compassion Expin 4!11: Page 1 of 1 Rrviacd: AM]1,2008 Resolution No. 2025-82 Page 11 File No.s: PD-2407-000047&WTLW-2412-000047 r` N O'1- � O N O O N N . O N Z C J ,S[PLAND SLIP -R A r O ATIONS NULaersa Braes `` .-r •�.�"...,.�' acaownon w a SITE �t wcu cuMrr.nano. ® O DtS o -. ON 1UP ..GROVE WER�D swm P . '} , 4 .,�. _......s...,.... W C LyF. LLOAcr �.� ems. t r a.8. .,...d. ,.. a:AbtkIRXP" W !�/ Y A 1 C■L ■ ■■TEND IIDACI 1'^R: �.Y:SC'd:'P RG^���."f.'i. 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