HomeMy WebLinkAbout26-062 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5611630 04/23/2026 03:32:28 PM
OR BOOK 5464 PAGE 211-217 Doc Type:RESO
RECORDING: $61.00
RESOLUTION 2026-62
File No. MJSP-2502-000135
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY GRANTING A MAJOR SITE PLAN TO DEVELOP A
ONE HUNDRED SIXTY-FIVE (165) UNIT MULTIFAMILY RESIDENTIAL
DEVELOPMENT FOR A PROJECT KNOWN AS 4540 N. KINGS
HIGHWAY WITHIN THE PUD (PLANNED UNIT DEVELOPMENT)
ZONING DISTRICT ON 36.6 ACRES IN ST. LUCIE COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based
on the testimony and evidence, including but not limited to findings in the staff report
and traffic analysis review, has made the following determinations:
1. Cotleur and Hearing, on behalf of ACRE Development Partners, LLC, presented
a Major Site Plan application to develop a one hundred sixty-five (165) unit multi-
family residential development, which includes landscaping, stormwater
management and utility infrastructure, and right-of-way dedication within the PUD
(Planned Unit Development) Zoning District for a project known as 4540 N. Kings
Highway and located at 4540 N. Kings Highway, Fort Pierce, Florida 34982, as
legally described in Part "B" and depicted on the attached map as Exhibit "A."
2. On April 7, 2026, this Board held a public meeting on this petition.
3. The Development Review Committee has reviewed the Major Site Plan for the
project and found it meets the technical requirements of the St. Lucie County Land
Development Code and has satisfied the standards of review set forth in Section
11.02.07, Standards for Site Plan Review, of the St. Lucie County Land
Development Code.
4. Planning Staff has performed a detailed analysis of the project and determined it
to be consistent with the St. Lucie County Land Development Code and
Comprehensive Plan. The analysis is found in the Staff Report dated March 27,
2026, and included in the agenda materials for the Board meeting on April 7, 2026.
5. All reasonable steps have been taken to minimize any adverse effect of the
proposed conditional use on the immediate vicinity through site design and
landscaping screening.
6. The proposed Major Site Plan, with conditions therein, 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.
7. 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.02.04. of the St. Lucie County Land Development Code
(LDC), the Site Plan is hereby approved as shown on the drawing prepared by
Cotleur & Hearing dated February 23, 2026, for the property described in Part "B"
below, subject to the following conditions:
1. The Property Owner, or successor in interest, shall include in their lease an
acknowledgment of the site's location within the Airport Overlay Zone.
2. The Property Owner, or successor in interest, shall include in their lease a provision
prohibiting the parking of vehicles upon any grass area or anywhere outside of the
designated parking spaces.
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., the
following is required:
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
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.
4. Prior to issuance of the Site Development Permit, the following shall be accomplished:
a. Written confirmation by Florida Power and Light that the proposed sidewalks,
stormwater detention and south access drive within the 15-ft. wide easement (DB
218, Page 178; modified ORB 133, PG48) are consistent with said easement.
b. Authorization or permit 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, as necessary for any improvements upon said land.
5. Prior to the issuance of the first Certificate of Occupancy, Developer shall dedicate or
convey to the County as non-site related right-of-way that strip of land identified on
Exhibit "B" within Resolution 2026-62 as the "R.O.W. donation." In exchange, the
County shall provide impact fee credits to Developer pursuant to the applicable
portions of Section 24-264(6)(b), 24-267, and 24-268 of the St. Lucie County Code of
Ordinances. Where landscaping and irrigation have been installed within this right-of-
way, a Revocable License Agreement shall be obtained concurrent with the R.O.W.
dedication.
6. Prior to the issuance of the first Certificate of Occupancy, the primary and secondary
(emergency) access driveways shall be permitted and completed in accordance with
the Final Site Plan.
7. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants
shall be eradicated from the site.
B. 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.
CONTAINING 36.6 ACRES, MORE OR LESS.
PARCEL NUMBER: 1313-330-0000-000-8
C. This Major Site Plan shall expire twenty-four (24) months from the effective date
of this order unless a building permit is issued, or an extension is granted in
accordance with the provision of Land Development Code Section 11.02.06.
D. The developer is advised as part of this Major Site Plan 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
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.
E. The conditions set forth in Part "A" are an integral non-severable part of the Site
Plan approval granted by this Resolution. If any condition set forth in Part "A" 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.
F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit"C" and made
a part hereof the Resolution, was granted by the Planning & Development Services
Department Director on April 10, 2026.
G. A recorded copy of this Resolution shall be attached to the site plan drawings
described in Part "A", which plan shall be placed on file with the St. Lucie County
Planning & Development Services Department Director.
H. This Order shall become effective upon the date indicated below. An appeal of the
Board of County Commissioners' action may be processed within thirty (30) days in
accordance with Section 11.11.02.F., of the St. Lucie County Land Development
Code.
I. A copy of this Resolution shall be provided to the owner of record as identified on the
application.
J. This Resolution shall be recorded in the Public Records of St. Lucie County.
K. ADOPTION
After motion and second, the vote on this Resolution was as follows:
Jamie Fowler, Chair Absent
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 April, 2026.
BOARD OF OUNTY COMMISSIONERS
ST. LUCIE OUNTY, FLORIDA
G0101W � BY:
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O T e N
ATTEST. w c� APPROVED AS TO FORM AND
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BY:
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BY:
DEPUTY CLERK COUNTY ATTORNEY
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Exhibit "C"
Certificate of Capacity
St Lucie County
Certificate of Capacity
Date -t.102026 Certificate No. 33,81,
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1.Type of development %htltitamily residential
Number of units 165 Number of square feet
2. Property legal description & Tax ID no.
1313-330-0000-000-8
4540 N.Kings Hi;h% av
4540 N.King-,I li,haa%
3. Approval: Buildinq Resolution No. 2026-62 Letter 400126
4.Subject to the following conditions for concurrency:
See Resolution 2026-62
Owner's name
V Kings Hi,,Iiwkv SPV, LLC
Address
4400 Wesavay Ave.
Dallas TX 75205-3631
6.Certificate Expiration Date VM2028
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel,and is subject to the same terms,conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
developme )' r the same property, use and size as described herein.
Si�ne� Date:411 W2026
Planning and Development Service Director
St Lucie County. Florida
Friday.April 10,2026 Page I