Loading...
HomeMy WebLinkAbout26-088 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5633077 06/16/2026 08:14:13 AM OR BOOK 5489 PAGE 2230-2239 Doc Type:RESO RECORDING: $86.50 RESOLUTION 2026-88 File Number: PD-2509-000056 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FOR A +1- 19.58 ACRE SITE LOCATED ON THE NORTH SIDE OF KITTERMAN ROAD THE FROM RESIDENTIAL, MULTIPLE-FAMILY - 5 (RM-5) AND RESIDENTIAL, MULTIPLE-FAMILY - 9 (RM-9) ZONING DISTRICTS TO PLANNED UNIT DEVELOPMENT (PUD) AND APPROVING A PRELIMINARY SITE PLAN FOR A TOWNHOME DEVELOPMENT KNOWN AS 322 AND 340 KITTERMAN ROAD PUD. 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) WGI, Inc., on behalf of the property owners, SobeICO, Inc., presented a petition for an Amendment to the Official Zoning Atlas from Residential, Multiple-Family - 5 (RM-5) and Residential, Multiple-Family - 9 (RM-9) Zoning District to Planned Unit Development (PUD), for certain property in St. Lucie County, Florida, located east of South US Highway 1, 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 April 16, 2026, the St. Lucie County Planning and Zoning Commission held a public hearing on this petition after notice was published in the St. Lucie News Tribune at least ten (10) days prior to the hearing, a sign was installed on the property and notice was sent by mail all owners of property within five hundred (500) feet of the subject property, and voted unanimously to forward a recommendation of denial to the Board of County Commissioners. 4) On May 19, 2026, the Board of County Commissioners held a public hearing on this petition after notice was published in the St. Lucie News Tribune at least ten (10) days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within five hundred (500) feet of the subject property, and at the request of the Applicant, the Board continued the Resolution No. 2026-88 Page 1 File No.: PD-2509-000056 public hearing for this proposal to their June 2, 2026 meeting. 5) On June 2, 2026, the Board continued the hearing on this matter and voted to Approve the Amendment to the Official Zoning Atlas Residential, Multiple- Family - 5 (RM-5) and Residential, Multiple-Family - 9 (RM-9) Zoning District to Planned Unit Development (PUD). PRELIMINARY PUD SITE PLAN 6) WGI, Inc., on behalf of the owners of the property, SobelCo Inc., submitted a Preliminary PUD (Planned Unit Development) Site Plan for development of 117 townhome dwelling units, wetland preservation, two dry detention tracts, a private recreation area, neighborhood park, 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 Preliminary PUD Site 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 April 16, 2026, the St. Lucie County Planning and Zoning Commission held a public hearing on this petition after notice was published in the St. Lucie News Tribune at least ten (10) days prior to the hearing, a sign was installed on the property and notice was sent by mail all owners of property within five hundred (500) feet of the subject property, and voted to forward a recommendation of approval to the Board of County Commissioners. 9) On May 19, 2026, the Board of County Commissioners held a public hearing on this petition after notice was published in the St. Lucie News Tribune at least ten (10) days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within five hundred (500) feet of the subject property, and at the request of the Applicant, the Board continued the public hearing for this proposal to their June 2, 2026 meeting. 10) On June 2, 2026, the Board continued the public hearing and after discussion voted to Approve the Preliminary PUD (Planned Unit Development) Site Plan for development of 117 townhome dwelling units. 11) 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. Resolution No. 2026-88 Page 2 File No.: PD-2509-000056 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 all applicable regulations. 14) The proposed project is within the Urban Service Boundary. Water and wastewater will be served by Port St. Lucie Utilities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: ZONING ATLAS AMENDMENT A. The properties on which the Zoning Atlas Amendment, or change in zoning, from Residential, Multiple-Family - 5 (RM-5) and Residential, Multiple-Family - 9 (RM-9) to Planned Unit Development (PUD) is being granted is described as follows: Legal Description(s): LOT 12 LOT 12, BLOCK 1, MODEL LAND COMPANY'S SUBDIVISION INSECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PB 1, PG. 41, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LOT 13 LOT 13, BLOCK 1, MODEL LAND COMPANY SUBDIVISION, OF SECTION 15, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS PER PLAT THEREOF ON FILE IN PB 1, PG. 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE SOUTH 10 FEET THEREOF CONVEYED TO ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY DEED RECORDED IN OFFICIAL RECORDS BOOK 1166, PG. 2977, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 10 FEET OF THE SOUTH 20 FEET OF SAID LOT 13 THEREOF CONVEYED TO ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY DEED Resolution No. 2026-88 Page 3 File No.: PD-2509-000056 RECORDED IN OFFICIAL RECORDS BOOK 4860, PG. 2422, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Parcel ID Numbers: 3415-501-0016-000-6 and 3415-501-0015-000-9 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 Residential, Multiple-Family - 5 (RM-5) and Residential, Multiple-Family - 9 (RM-9) to Planned Unit Development (PUD) and to make notation of the reference to the date of adoption of this Resolution. PRELIMINARY PUD SITE PLAN C. Pursuant to 11.02.05(A) of the St. Lucie County Land Development Code, the PUD (Planned Unit Development) Preliminary Development Preliminary Site Plan for the project known as 322 and 340 Kitterman Road PUD is hereby approved, for the subject property described in Part "A" above, as shown on the Preliminary PUD Site Plan for the project as attached and incorporated herein as Exhibit B, and subject to the following conditions: 1. Prior to Final Site Plan approval, a finalized landscape plan consistent with LDC 7.09.00 and a finalized tree survey and mitigation plan consistent with LDC 6.00.05 shall be provided to and approved by ERD. 2. The Final Site Plan application shall provide an updated Traffic Impact Report that includes the committed (projected) trips from the Silver Oaks PUD and any applicable developments in the vicinity, and shall provide for recommended improvements (lengthening of the westbound to southbound left turn lane) at the intersection of US Highway 1 & Kitterman Road and explore crosswalk facilities for students/families walking from the community to Savannah Ridge K-5. 3. Prior to Final Site Plan approval, a Category III Wetland Waiver shall be approved by the Environmental Resources Director for the proposed impacts to wetlands #1 and #2 in accordance with Resolution No. 15- 237 and Comprehensive Plan (CP) Policy 6.1.14.4. 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 developer shall provide executed Conservation Easements over all preserved areas, along with the approved Preserve Area Monitoring and Management Plan (PAMMP), with an attached affidavit and cashier's check (payable to the Clerk of the Court for Resolution No. 2026-88 Page 4 File No.: PD-2509-000056 recording fees) to the County Attorney. The applicant shall also provide a georeferenced GIS shapefile or CAD file of the conservation easements' boundaries to St. Lucie County. 5. 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(n) formal/informal wetland jurisdictional determination or an Environmental Resource Permit (ERP) from South Florida Water Management District (SFWMD) shall be provided to verify the limits of the wetlands. Should the limits of the wetland substantially deviate from the environmental consultant's delineation, an adjustment to the site plan and a new Wetland Waiver application shall be required in accordance with Comprehensive Plan Policy 6.1.14.4. 6. 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, updated listed species surveys (i.e. crested caracara, gopher tortoise, etc.) shall be provided per state and/or federal survey protocol. Should any listed species be found as a result of these surveys, appropriate permits from state and federal agencies shall be required. 7. 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, their successor or assigns, shall conduct a pre- construction meeting with construction personnel, all applicable state and federal regulatory agencies, and Environmental Resources Department staff to verify vegetation and preserve area protection measures have been installed. 8. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. 9. Please show the placement of the proposed site lighting and provide a photometric plan illustrating the location and coverage of all streetlights. 10.For plat approval prior to completion of required improvements, a Subdivision Improvement Agreement and appropriate bonding is required. 11.A Site Development Permit is required prior to performing site improvement activities. In accordance with the permit and Land Resolution No. 2026-88 Page 5 File No.: PD-2509-000056 Development Regulations, the applicant shall retain the FOR for site inspections and final certification. D. The Preliminary PUD Site Plan approval granted by this Resolution shall expire on May 19, 2028 (two years from approval) unless a Final Site Plan is obtained, or an extension is granted in accordance with Section 11.02.06.(A.)(2.) 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 September 11, 2025. 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. J. ADOPTION Resolution No. 2026-88 Page 6 File No.: PD-2509-000056 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 Cathy Townsend, Commissioner AYE Erin Lowry, Commissioner AYE PASSED AND DULY ADOPTED this 2nd day of June, 2026. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: HAIR ATTEST: APPROVED AS TO FORM AND CORRECTNESS: BY: PUTY CLE COUNTY ATTORNEY coMM14s 0 ! -OuNTY, �..,• Resolution No. 2026-88 Page 7 File No.: PD-2509-000056 EXHIBIT A (LOCATION MAP) 322 and 340 Kitterman Road _— _ _ - i PD-2509-000056�I — I _111 (� L _ I I I I I 1 I h I 11 i - r i I _ a a- m WI �Z 0 Wy J ��� Subject I llp KITTERM'AN RD-- i--- --- Property - - -k( ❑ 11 I m z 1 Z N j / Ii �- i, _.1_ --TI7D, (..,_ 0 ,,..1 Resolution No. 2026-88 Page 8 File No.: PD-2509-000056 EXHIBIT B (PRELIMINARY PUD SITE PLAN) NbY4r2YE /9i3 SS R...Kus]mo.i t — - PRESERVED WETLAND / tnrlseRVAnON / OTIAC EASEMENT 10074 0SEATING r IORB.We ,eTrk ,eD' wETUFD rs AREA- J / 10 mmt BB OM A956.PG WV 0, (11i) YIETLA940WfFER BVFIkrR r,.-`._ ■1�1��i�w . seawov IA ". Win VARIESI111 '" el(:Ks 9 31AT,NG 255E :.- PL IaT /' /qfj, xs 2r Iar 0 ' r.:lulsu • OF W INRL FENCE ,I IP'..........ii I _. . y,. • R2b / ,. OS _- i _..__.r r; 2J B RI OR ,vaE-:'may $2 11 19 REM SLOG 10 `�i.•M'�rL7�.:.. i ' I 41-4 — — k 511 �. 5-LINT - OISE RACK .1 ►.I1 ■ MAILMEN SO II -- I -CREATE rl I { AR51DE.Se I fEWEL 2p'SIQE SB 1 I 1._- - !WW1auA�Ac I 1 SLOGIII L' BIDD,,11 1 L!al M 1' 1-' 13k s7 'IINR = — _ I.r� BLDG 1S I(ADO aKr �' 1 rEC U�MC3kyi-'E'. ffill jr 1.Y &DIRT I e-k.MT. ■ I__ SLUE I=R-,,A 1�'�r !� i ,7B F _1" ,,,TY- NIP i1 A NI SIP I� 1 tDuwoecAreeuFFER all y 7S L RDw. it >~ 2RDE iG RO.TIf gA, i-..Is� -r �T =�I 6 o ''AR+R VA' 12 ;02116 11 ,__', I •• a ii � ,e si �1 I USE:VAC, - __ IV ADE T I 11 Su FLU:RI (ryy� { • • T I i��1 ', ZONING qaY ■` I PID..T.115-501-0 gl-004T TRACT !!! I T enr imp ,auf Rp, MI1�4 1 e�QQr,Aa p 1'' AaAc liarill- �I{ SSART RPU.E �y,�- � tiQ.] -1--1-1 TS' - 40 20'D E 20 DE 10 WW1 y7 I i�- I Ttr'5KJE BB ■ marl '1/YOICAPE MVE 4 •Dmri� �'!1 MOVER in'SIDEa C r12Y F1)1.1 s t'kT FlI NT _.__.. •�.... Nr — i S.B�. k' 1S Newx SB �1. ii se gillscr a3 1 „ill PtDD,TI IBLQOe� 1dl • --��rr�� 91Da.14 MT , k , aU kaT-11 I ',9L,X3.2 ,eC ,Y RBAR30 6#M,�. r I II I}IM f!' M B2 row 1 ?B 5 2Cf3TN.C W „- 1 DOZER BB.C iJw � I ' ill,0'SIDES B um.gooRRRAmi 1 - �� t�' y RI I I��� Y0crIF SB T_1.A kk u 1Q V.E 1 2$'TR��..O11IIN��TTT..IISII- 1 al '. ' .tzr 9? le i14 REARS@ aL I ,5 YBAN :- I: POW 1111 ffLrx; , — - - _�� ' as { eulrr I 6M/T 1 ORT 25 20'BQESI I(1& - tp1' QET[f1TION DM' TRACT I94 AO 1 �5' TRACT �C 4 .�- i . I 'DI7AC �.'I ,0'510E SB I--' — — ` IARIt BIKE T4W1f r i k02 1 I .V a66 AC rm. 20 rit 30ra5 LIFT STATION il 1 BUS STDI. ' I E trrd• EBRAT FTTf,7i {�u. h_ i =_ vm _ 'Y SKJI .Ih_ � S 1e'R.O W.BIMPER is PARK BUTTER' 4, 0.W(>EQIGnON- SST —111 M, 9 .. BAYO -� -_gruffTD 9ePT0�'N 3AQX AT_ a .,'"""""" FNOf 9OR GA TE � ..: .-- IOTTBRFNN ROAD RE ACCESS ' SPEd w eJO sr 93ET BWRC" � II I I RY STONY MMTEROUIYALL e0'1r23E 29 00 EiIERCENCY ACCESS Resolution No. 2026-88 Page 9 File No.: PD-2509-000056 Exhibit C Concurrency Deferral Affidavit St.Lucie County Concurrency Deferral Affidavit I, Erin Less(WGI,Inc.) .residing or doing business at 322 am 340 letterman Road Name Street Pert SL Lucia , f1 , 34952 , 772-780-1451 City State Zip Phone have applied for a Rezoning and Preliminary Planned Deveicpment from St.Lucie County,Florida, Type of Development Order for the following project: 322 and 340 itttlennan Road Name of Proposed Development l 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 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: (/t., g.e1(.) j Date: C l i i f 2.02,5 Applicant STATE OF F IDA COUNTY OF IU 1 f I�rll r ( h I�,� The foregoing instrument was acknowledged before me this {of day of.\ 1 'UI' V 20`,61 by_ DP( who is personally known to me or who as produced as identification. Signature ofJgom jr Type r Print ame of Notary l—I 14 )7 ) l Commission Number (Seal l r4 ply UTILE Notary Public 41 - State of Florida • Comm(HH224313 Etrpirrs 3/31/2026 Page 1 of 1 Revised: April l.2008 Resolution No. 2026-88 Page 10 File No.: PD-2509-000056