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HomeMy WebLinkAbout25-150 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5554914 11/25/2025 12:42:10 PM OR CORD 5398G gA00E 2693-2701 Doc Type:RESO REIRESOLUTION NO. 2025-150 FILE NO.: PD-24 1 1-00005 1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FOR TWO PARCELS TOTALING +/- 41.18 ACRES GENERALLY LOCATED AT 2098 JOHNSTON ROAD,FROM THE AG-1 (AGRICULTURAL-1)AND AR-1 (AGRICULTURAL RESIDENTIAL-1) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT AND APPROVING A PRELIMINARY PUD SITE PLAN FOR THE PROJECT KNOWN AS 2098 JOHNSTON ROAD PUD, LOCATED IN UNINCORPORATED ST. LUCIE COUNTY,FLORIDA. 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) Leslie Olson, AICP and Kara Wood, with District Planning Group, on behalf of the Collins Development Company, presented a petition for an Amendment to the Official Zoning Atlas from the AR-1 (Agricultural Residential) and the AG-1 (Agricultural-1) Zoning District to the PUD (Planned Unit Development) Zoning District and an associated Preliminary PUD Site Plan which initially proposed a residential development consisting of 82 single-family detached lots (revised to 74 lots) along with associated stormwater areas, landscape buffers, and amenity areas for property located at 2098 Johnston Road and also the parcel east of 2098 Johnston Road, in unincorporated St. Lucie County, Florida, as depicted on the attached location map as Exhibit A and described in Part A below. 2) On June 19, 2025,the St. Lucie County Planning and Zoning Commission held a public hearing on this petition, after published notice in the local newspaper, a sign posted on the property and notification by mail all owners of property within 500 feet of the subject at which all interested persons were given an opportunity to be heard and recommended that the Board of County Commissioners deny the petition for an 82 lot PUD, for the property described in Part A. 3) On August 5, 2025, the Board of County Commissioners of St. Lucie County, Florida, Commission held a public hearing on this petition, after published notice in the local newspaper, a sign posted on the property and notification by mail all owners of property within 500 feet of the subject at which all interested persons were given an opportunity to be heard, and voted to postpone action on the petition at the request of the applicant. 4) On September 10,2025,the applicant(s)submitted a revised Preliminary PUD Site Plan, which proposed 74 single-family detached lots along with associated stormwater areas, landscape buffers, amenity areas,turn lane and other elements. 5) On October 7, 2025, the Board of County Commissioners of St. Lucie County, Florida, Commission held a public hearing on this petition, after published notice in the local Resolution No.2025-150 File No.: PD-2411-000051 Page 2 newspaper, a sign posted on the property and notification by mail all owners of property within 500 feet of the subject at which all interested persons were given an opportunity to be heard, and voted to approve the PUD Rezoning & Preliminary Site Plan subject to conditions set forth in Resolution 2025-150. 5) 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. 6) The proposed change in zoning satisfies the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 7) 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. 8) 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. 9) 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. 10) The proposed project will be served by Fort Pierce Utility Authority 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 the AG- 1 (Agricultural-1) and AR-1 (Agricultural Residential-1) Zoning Districts to PUD (Planned Unit Development) is being granted is described as follows: LEGAL DESCRIPTION: PARCEL 1: (ORB 5036 PG 2634) THE EAST 1/2 OF THE EAST 1/2 OF THE SE 1/4 OF SECTION 34, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS AND EXCEPT ALL RIGHTS OF WAY FOR PUBLIC ROADS AND DRAINAGE CANALS AND THAT PART OF THE ABOVE DESCRIBED PROPERTY CONVEYED TO CENTRAL AND SOUTH FLORIDA Resolution No.2025-150 File No.:PD-2411-000051 Page 3 FLOOD CONTROL DISTRICT IN DEED BOOK 257, PAGE 655, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PARCEL 2: (ORB 4882 PG 800) SOUTH 813.50 FEET OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPT THE NORTH 330.00 FEET THEREOF; AND LESS AND EXCEPT THE WEST 40 FEET THEREOF; AND LESS AND EXCEPT THE SOUTH 213.50 FEET FOR SOUTH FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY FOR CANAL C-25 THEREOF; AND TOGETHER WITH THE EAST 236.70 FEET OF THE SOUTH 188.87 FEET OF THE NORTH 330.00 FEET OF THE SOUTH 813.50 FEET OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 34 SOUTH, RANGE 39 EAST. Parcel ID Numbers: 2304-112-0001-000-0& 2304-111-0002-000-4 PRELIMINARY PUD SITE PLAN B. Pursuant to 11.02.05(B) of the St. Lucie County Land Development Code, the PUD (Planned Unit Development) Preliminary Site Plan for the project known as the 2098 Johnston Road PUD 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, Site Plan prepared by Insite Studio revised to September 8,2025,and subject to the following conditions: 1. Prior to Final Site Plan approval,a tree survey and mitigation plan shall be reviewed and approved by ERD in accordance with LDC 11.02.09.A.2.i. 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 Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 3. 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 (e.g., gopher tortoise, crested caracara, etc.) shall be provided/updated as required per state and/or federal survey protocol. Should any listed species be found because of these updated surveys appropriate permits from state and federal agencies shall be required. 4. 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 any required fee-in-lieu of tree mitigation fees. 5. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site. 6. Provide a note on the site plan indicating that if a fence is utilized within the western buffer, an additional hedge shall be planted between it and the drainage easement. Provide additional understory trees in the wester buffer to achieve the dense vegetation/closed forest effect. Resolution No.2025-150 File No.:PD-2411-000051 Page 4 7. The northern dead end at Canal No. 1 Rd(which the plan calls N. Canal Rd.)should be labeled on the Final Site Plan as a future vehicle connection point, with a sign informing the public of the potential future connection, should the roadway be improved to County standards. 8. One of the common areas at the east property boundary shall be labeled on the site plan as a "potential future vehicular connection." This vehicular connection: (1) would not be the primary entrance to a future development east of the 2098 Johnston Road PUD, unless such property to the east is acquired by the owner of the 2098 Johnston Road PUD and developed as a future phase, and (2) could only be developed as a vehicular connection if the developer or successor in interest of the subject property and owner of a property to the east enter into a cross-access agreement and if the roadway is improved to County standards. A sign shall be placed at the dead end informing the public of the potential future connection. 9. The Applicant will work with neighbors to the west to identify problem drainage areas and modify the Final Site Plan stormwater program to address such issues to mitigate potential flooding problems. The Final Site Plan will demonstrate that the site will continue to accept the same stormwater runoff from properties to the west. 10. The Final Site Plan Traffic Impact/Concurrency Analysis shall evaluate a scenario in which the Angle Rd./Kings Hwy. intersection degrades to failure and/or FDOT improvements are delayed, whereas the County may require short-term developer- attributable safety and/or efficiency improvements prior to a Certificate of Occupancy, in advance of the final intersection design and improvement. 11. Prior to the issuance of a certificate of occupancy, the applicant's proposed 185- foot long northbound turn lane shall be completed. 12. The Final Site Plan shall provide a minimum three-mile radius for the final concurrency determination. 13. Provide recalibration of the short and long term trip distribution assumptions. 14. Within 90 days of Site Plan approval, the applicant, property owner, developer, successors, or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the County Attorney, 50 feet of right-of-way along the frontage of N Canal Avenue and 40 feet of right-of-way along Johnston Road, as determined by the Public Works Department. 15. A Site Development Permit is required prior to performing site improvement activities. 16. For plat approval prior to completion of required improvements, a Subdivision Improvement Agreement and appropriate bonding is required. 17. A Road Improvement Agreement and bonding will be required for any permanent improvements including turn lanes,to County right-of-way. 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 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 Resolution No.2025-150 File No.:PD-24 1 1-00005 1 Page 5 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 PUD 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 C was signed by the applicant on July 9, 2025. F. A copy of this Resolution shall be mailed to the owner the 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: 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 7TH day of October, 2025. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chair Resolution No.2025-150 File No.:PD-2411-000051 Page 6 ATTEST APPROVED AS TO FORM AND CORRECTNESS �y GOMM'8-12b1-4_ 14/ `r7o Deputy Clerk v ; /e A y Interim County Attorney se * Gc�E COUNtr'* EXHIBIT A (LOCATION MAP) 2098 Johnston Rd PUD I '-_= 1 r 00051 PD-2411-0 1 i 1 _L i 1 , ....„. . , _ _. L___= , ,_ , , ! ,,._ , ___ , M4± 1T E-BL .s. 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I'"; -r) V :di ti044 15% ,;;.-4 tt; :.;', .q. ..,\P x=4 ..0 *04 N 1 . t1.-.-- 4 4;' :•': ' " 'S r , ,_____,; .II______. 1 -0.,4 dOf ilil liEF5.1 11 .1.!510 le F.gli 1 ..i\ — Upi Zliii OW1 a".i IV E '';'•it i : 1,,! I p I 3 — 7- — i t 1 II'ii . li 30'V I dli I ' ) 1' ?; ' TV e=k' . g otroqe. •,,,,-=. 7--Hilis ; t, ril - . . 1,„ , IT t i i 41 tDP t 1 1 ii .i. i. ; V [i I A e ' I ffi ., 1 Mr Q . „ AIPlinSite 2098 JOHNSTON RD 7 ,te; 'lir studio T.- . ,1 ED Si.Lucie County,Florida siA;' -0 a 7; i -s Par.III1,1 44,K;44,,apectchdeN.Iikne 6%/1776 airs anal YVA//11//7JZfd) U 1IUIHX1 8 abed 0C0000-90£Z-Od I•oN 91!d 8 VI •ON uopiosaH Resolution No. 24-138 File No.: PD-2308-000030 Page 9 EXHIBIT C CERTIFICATE OF CAPACITY St.Lucie County Concurrency Deferral Affidavit 1, Jeffrey J. Collins ,residing or doing business at 4741 Military Trail, Suite 201 Name Street Jupiter FL 33458 (561)371-7024 City State Zip Phone have applied for a Preliminary Planned Unit Development(PUD) from St. Lucie County,Florida, Type of Development Order for the following project:2098 Johnston Rd LLC PUD Name of Proposed Development l do hereby affirm that in connection with my application for the above project, 1 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 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: ir2 �� Date: July 9, 2025 App c: t STATE j F N. I i A COUNTY OF Saint Lucie The foregoing instrument was acknowledged before me this 9th day of July 20 25 ,by Jeffrey Collins who is personally known to me or who has produced as identification. Dawn Marie Thrasher _nature of NI Type or Print Name of Notary Commission Number (Seal) trit i Pudic stole of Florida t)awn hfarla Tiiraeher_ __ iA Cd on fK 21asta°s Exp.9/18/2026 Page 1 of I Revised: April I,2008