HomeMy WebLinkAboutPDS ResolutionJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 4655858 OR BOOK 4362 PAGE 871, Recorded 12/23/2019 12:01:52 PM
RESOLUTION 2019-264
File Number: PNRD-120195447
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY GRANTING AN AMENDMENT TO THE
OFFICIAL ZONING ATLAS FROM THE RM-11 (RESIDENTIAL,
MULTIPLE -FAMILY — 11 DUTAC) TO THE PNRD (PLANNED NOW
RESIDENTIAL DEVELOPMENT) ZONING DISTRICT AND A
PRELIM INARYIFINAL PNRD SITE PLAN TO BE KNOWN AS THE
KINGSGATE CENTER ON 11.41 M.O.L. ACRES OF PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF ORANGE AVENUE
AND KINGS HIGHWAY, SAINT 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) Patrick O'Leary on behalf of BP — OK LLC — presented a petition for an
Amendment to the Official Zoning Atlas from RM-11 (Residential Multiple -
family 11 du/acre) to PNRD (Planned Non -Residential District), located at the
southwest corner of Orange Avenue and Kings Highway intersection., 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 October 17, 2019, 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 recommended that
the Board of County Commissioners approve the hereinafter described
request for the property described in Part "A".
3) On December 3, 2019, 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.
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.
Resolution No, 2019-264
Page 1 of 14 File No: PNRD-120195447
OR BOOK 4362 PAGE 872
5) Patrick O'Leary on behalf of BP — OK LLC presented a petition for a
Preliminary and Final PNRD Site Plan to be known as the Kingsgate Center
on +/-11.41-acres to develop a commercial subdivision in phases. The first
phase will consist of 6,119 square feet of Super Convenience Market with
Gasoline Pumps and a Fast-food restaurant with Drive-thru services with
future plans for highway oriented commercial development which may
include uses from the Kingsgate PNRD use chart a depicted on Exhibit E,
for the property depicted in the attached map as Exhibit "A" and described in
Part "A" below.
6) On October 17, 2019, 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 recommended that
the Board of County Commissioners approve/deny the hereinafter described
request for the property described in Part "A".
7) On December 3, 2019, 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.
8) The St. Lucie County Development Review Committee (DRC) has reviewed
the Preliminary and Final PNRD 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 "C" of this Resolution.
9) 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.
10) 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.
11) 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.
12) The proposed project will be served by Fort Pierce Utilities Authority for
potable water and wastewater.
Resolution No, 2019-264
Page 2 of 14 File No: PNRD-120195447
OR BOOK 4362 PAGE 873
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, RM-11
(Residential Multiple -family 11 du/acre) to PNRD (Planned Non -Residential
District) is being granted is described as follows:
Legal Description:
A portion of the Northeast one quarter of the Southeast one -quarter of Section
11, Township 35 South, Range 39 East, St. Lucie County, Florida, being more
particularly described as follows:
Commencing at the Northeast comer of the Northeast one -quarter of the
Southeast one quarter of said Section 11; thence S0013'52"E, along the East
line of said Southeast one -quarter, said East line being the centerline of the
King's Highway, a distance of 745.89 feet; thence S89038'46"W, a distance of
25.00 feet to the West right-of-way line of said King's Highway and the POINT
OF BEGINNING: Thence continue S89°38'46"W, a distance of 862.39 feet;
thence N00°13'52"W and parallel to the West right-of-way line of said King's
Highway a distance of 709.02 feet, to the South right-of-way of Orange Avenue;
thence N89°38'40"E along said right-of-way, a distance of 9.20 feet; thence S81
022'04"E, a distance of 44.97 feet; thence S00021'14"E, a distance of 67.00 feet;
thence N89°38'46"E, a distance of 598.62 feet; thence S00°13'52"E and parallel
to the West right-of-way of Kings Highway, a distance of 135.00 feet; thence
N89038'46"Ea distance of 210.00 feet to the West right-of-way of said King's
Highway; thence S00"13'52"E, along said right-of-way, a distance of 500.00 feet
to the POINT OF BEGINNING.
LESS AND EXCEPT
A portion of land, lying in the Southeast One -Quarter of Section 11, Township 35
South, Range 39 East, St, Lucie County, Florida, as shown on Sheets 5 and 6 of
the Florida Department of Transportation Right of Way Map of State Road 713
(Kings Highway), Item/Segment No. 2302567, Section 94003-2511 and being
more particularly described as follows:
Commence at a boat spike, found marking the East One -Quarter Corner of said
Section 11; thence S00013'52"E along the East line of said Southeast One -
Quarter of Section 11 and the Baseline of Survey of said State Road No. 713
(Kings Highway), a distance of 245.95 feet; thence S89"46'08' VV along a line at a
right angle to the last described course, a distance of 25.00 feet to a point on the
Westerly Existing Right of Way line of said State Road No. 713 (Kings Highway)
and the Southerly Existing Right of Way line of State Road No. 68 (Orange
Avenue) and the POINT OF BEGINNING; thence S00013'52"E along said
Westerly Existing Right of Way line of said State Road No. 713 (Kings Highway),
a distance of 500.00 feet; thence S89°38'46"W, a distance of 41.34 feet to the
Resolution No. 2019-264
Page 3 of 14 File No: PNRD-120195447
OR BOOK 4362 PAGE 874
beginning of a non -tangent curve concave Easterly, having a chord bearing of
NO2°16'35' W; thence Northerly along the arc of said curve, having a radius of
10,685.00 feet, through a central angle of 02°40'58", an arc distance of 500.33
feet to the end of said curve and a point on said Southerly Existing Right of Way
line of State Road No. 68 (Orange Avenue); thence N89038'46"E along said
Southerly Existing Right of Way line of State Road No. 68 (Orange Avenue), a
distance of 59.19 feet to POINT OF BEGINNING.
Parcel ID Number: 2311-411-0004-000-1
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 RM-11 (Residential Multiple -family 11 du/acre) to PNRD
(Planned Non -Residential District) and to make notation of the reference to the
date of adoption of this resolution.
PNRD PRELIMINARY & FINAL SITE PLAN
C. Pursuant to 11.02.05. B. of the St. Lucie County Land Development Code, the
Planned Non -Residential Development Preliminary and Final Site Plan for the
project known as the Kingsgate Center is hereby approved, for the subject
property described in Part "A" above, as shown on the site plan drawings for the
project prepared by Steven L. Dobbs Engineering LLC. dated September 30,
2019, and date stamped received by the St. Lucie County Planning &
Development Services Department on October 3, 2019 as attached and
incorporated herein Exhibit "D" subject to the following conditions:
Planning Division — Planning & Development Services PDS Department
1. Prior to issuing a development permit for Phase 1, the applicant shall provide
a sign plan for the commercial subdivision (LDC Section 11.02.10 — A. 3. m.).
The development shall adhere to the applicable sign ordinances, including but
not limited to size, height, and design.
2. Prior to issuing a development permit for Phase 1, the applicant shall enact
provisions to ensure long-term open space preservation.
3. The final record plat application shall include copies of all internal
homeowners or property owners association documentation describing the
responsibilities/liabilities of the property purchasers (LDC Section 11.02.10 B.
8).
4. Prior to issuance of a development permit for Tract 1 (Wawa), the building
and sign designs shall comply with LDC Section 7.10.24 - Community
Architectural Standards. Outdoor displays, such as Wawa's ice machine or
Resolution No. 2019-264
Page 4 of 14 File No: PNRD-120195447
OR BOOK 4362 PAGE 875
similar, shall be incorporated within building design with appropriate cover,
screening, and access and further subject to LDC Section 7.10.02 B. 2.
5. Prior to the issuance of the first Certificate of Occupancy, the developer or
property owners' association shall establish a security and maintenance plan
for the park area.
6. Development of future tracts shall require Minor Site Plan (Zero (0) to fifty -
thousand (50,000) square feet floor space) or Major Site Plan (Fifty -thousand
and one (50,001) or more square feet floor space and all commercial lodging
establishments with six (6) or more units). Each application shall include a
Traffic Impact Report (TIR) to evaluate transportation capacity and required
improvements, where applicable.
7. The applicant shall incorporate a schedule of potential improvements
associated with future development of Tracts 2, 4, 5 & 6, providing
connectivity and interaction with the park area. Demonstration of such
improvements shall be required, prior to site plan or development permit
approval, for future tract development.
8. The final stage or phase shall be completed within ten (10) years of the date
of final development plan approval.
9. The PNRD Final Site Plan shall reserve cross access to the abutting property
to the northeast, subject to mutual cross -party agreement which may include
construction, maintenance and use, to ensure access point consolidation.
10. Prior to issuance of a development permit for the gasoline service station, the
applicant shall demonstrate compliance with Florida Statute Section 526.143,
by providing for alternate generated power capacity.
Environmental Resources Department
11. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive
species shall be eradicated from the site.
12. Park area landscape species shall be substituted to accommodate an
unobstructed view of the retention pond and adjacent open space.
D. The Preliminary and Final PNRD Site Plan approvals granted by this Resolution
shall expire on December 3, 2021 unless a Building Permit 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),
Resolution No. 2019-264
Page 5 of 14 File No: PNRD-120195447
OR BOOK 4362 PAGE 876
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" 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.
G. A Certificate of Capacity for Phase 1, a copy of which is attached hereto as
Exhibit "B" and made a part hereof the Resolution, was granted by the Planning
& Development Services Department Director on December 12, 2019.
H. A Concurrency Deferral Affidavit for future phases, a copy which is attached to
this Resolution as Exhibit "C", was signed by the applicant on October 2, 2019.
A list of eligible permitted and conditional uses for the Kingsgate PNRD is
attached to this Resolution as Exhibit "E
J. A copy of this Resolution shall be mailed to the owner of record as identified on
the application.
K. This Resolution shall be recorded in the Public Records.
L. ADOPTION
After motion and second, the vote on this resolution was as follows:
Cathy Townsend, Chair AYE
Chris Dzadovsky Vice -Chair AYE
Sean Mitchell, Commissioner AYE
Linda Bartz, Commissioner AYE
Frannie Hutchinson, Commissioner AYE
Resolution No. 2019-264
Page 6 of 14 File No: PNRD-120195447
OR BOOK 4362 PAGE 877
PASSED AND DULY ADOPTED this 3rd day of December, 2019.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
COIpJ�s Bb� �.
Y
pro Chair
ATTEST: co APPROVED AS TO FORM AND
err for CORRECTNESS:
DEPUTY CL RK COUN A ORNEY
Resolution No. 2019-264
Page 7 of 14 File No: PNRD-120195447
OR BOOK 4362 PAGE 878
EXHIBIT "A"
LOCATION MAP
Subject
Parcel 9�
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9S
Orang Ave
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Resolution No. 2019-264
Page 8 of 14 File No: PNRD-120195447
OR BOOK 4362 PAGE 879
EXHIBIT B
CERTIFICATE OF CAPACITY
St Lucie Countv
Certificate of Capacity
Date 12112,2019 Certificate No. 3062
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:
i. Type of development PNRI.) Final Pr lim Site Plan
Number of units 0 Number of square feet 6.119
2. Property legal description a Tax ID no.
2311-411.0004-000-1
SW Corner of Orange Avenue and Kings 1 iigh«ay
King.sgdte Center
3. Approval: Building Resolution No. 2014-204 Letter
4. Subject to the following conditions for concurrency:
Conditions of Iles. 2019-264. Cerftficate ear Phase 1. 1-ithere I'haws (M inor OF Major Site Plans)
require Furthcr rcvic%%,
owner's name
Orange Avenue WCI 1.1.C.:.
Address
3065 SE Saint Lucie BLVD
Stuarl FL 34997
b. Certificate Expiration Date 12.11CO21
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 d velopm96Aorderissued with this certificate, or for subsequent
in
deve en rderjs is ued for the same property, use and size as described herein.
Signed UAWte: 12/1212019
Planning and velopment Services Director
St Lucie County, Florida
ThurW1:�, December 12, 2019
Resolution No. 2019-264
Page 9 of 14 File No: PNRD-120195447
OR BOOK 4362 PAGE 880
EXHIBIT C
CONCURRENCY DEFERRAL AFFIDAVIT
FUTURE TRACT DEVELOPMENT
St. Lucie County
Coecurrency Deferral Affidavit
I I
i residing or doing business at '�A)` J '�
Sttr�eerty-yQ
t itr State tip Phone
have applied for aft from St, Lucie County. Florida.
Typevft�+el ad«
for the fallowing project:k"iA��
y J Name of Proposed l]eyeiopmcnt
I 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 fnr 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 Caunty can make
no guarantee that adequate public facilities will be available when I apply for the final
development order.
1 further acknowhxlge 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: Date:
AppliWt
STATE OF FLORIDA
1
Cot NTV OF
1)The furcgoing inslrur IIwnt was acknowludyed bcfm nrs this n� da> of .�)It' 111. or.'.r_ 217- Ki. h) —
r C. L._ F who is personally known to me or who hoc prrduccd
is identifiCa
J Slpaturo of NvYvy ,
t-ommiWom Number
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Pape I of 1
Rcrised: April 1, 2009
Page 10 of 14
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Resolution No. 2019-264
File No.- PNRD-120195447
OR BOOK 4362 PAGE 881
EXHIBIT D
PNRD PRELIMINARYIFINAL SITE PLAN
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Resolution No. 2019-264
Page 11 of 14 File No.- PNRD-120195447
OR BOOK 4362 PAGE 882
EXHIBIT E (PAGE 1 OF 3)
PERMITTED AND CONDITIONAL USES WITHIN KINGSGATE PNRD
ALLOWABLE USE5KINGSGATE CENTER PARA
Retain trade:
Antiques- (5932)
Apparel and accessories. (56)
Books and stationery. (594215943)
Cameras and photographic supplies. (5946)
Drugs and proprietary- (5912)
Eating places. (5812)
Florists. (5992)
Food stores- (54)
Gifts, novelties, and souvenirs. (5947)
Low THC and medical marijuana dispensing facility. The facility may not be located within five
hundred (500) feet of the real property that comprises a public or private elementary school,
middle school, or secondary school -
Hobby, toy and game shops. (5945)
Household appliances. (572)
Jewelry. (5944)
Newspapers and magazines. (5994)
Optical goods. (5995)
Radios, TVs, consumer electronics and music supplies. (573)
Sporting goods and bicydes. (5941)
Tobacco products. (5993)
Video tape rental. (784)
Car wasries (self-service only) -subject to the provisions of SecVon 7.1C.2 2. (999)
Retail trade
Gasoline services- accessory to retail food stores under SIC-5411. (999)
Undistilled alcoholic beverages accessory to retail sale of food. (5921-Except for liquor)
Communications - except towers. (48)
Building materials, hardware and garden supply with limited outdoor storage (52)
Miscellaneous retail (see SIC Code Major Group 59):
Drug stores. (591)
Sporting goods. (5941)
Book and stationary- (594215943)
Jewelry. (5944)
Hobby, toy and games. (5945)
Camera and photographic supplies. (5946)
Gifts, novelty and souvenir. (5947)
Luggage and leather goods. (5948)
Fabric and mill products- (5949)
Liquefied petroleum gas (propane)- (5984)
Florists- (5992)
Tobacco. (5993)
News dealers/newsstands- (5994)
Optical goods- (5995)
Resolution No. 2019-264
Page 12 of 14 File No: PNRD-120195447
OR BOOK 4362 PAGE 883
EXHIBIT E (PAGE 2 OF 3)
Misc. retail (See SIC Code for specific uses). Awning & canvas retail shops, Showroom
oriented rack and stone shops, architectural supplies -retail, Hot tub & whirlpool- retail,
Swimming pool supplies.
Retail trade -indoor display and sales only, except as provided in 5ecian 7 Gb_W. (999)
Repair services:
Electrical repair. (762)
Shoe repairs. (725)
Watch, clock, jewelry, and musical instrument repair. (1631)
Small Applwce
Apparel and accessory stores. (56)
Retail Oriented Business & Personal services:
Professional business office including, but not limited to, engineering, accounting, taxes, real
estate, insurance
Duplicating, mailing, commercial art/photography and stenographic services. (733)
Engineering, accounting, research, management and related services. (871
Finance Services including banks
Health services -except in -patient care, nursing homes and hospitals.
Beauty and barber services. (7231724)
Depository institutions. (60)
Laundering and dry cleaning (self servicel. (7215)
Security system services_(7382)
Business Services - misc. (73991
Personnel supply services. (736)
Travel agencies. (4724
Amusements and recreation services - except stadiums, arenas, race tracks, amusement parks.
(79)
Beauty and barber services. (723/724)
Financial,insurance, and real estate.(60/61162/63/64/65/67)
Food stores. (54)
Gasoline service stations. (5541)
General merchandise stores. (53)
Home furniture and furnishings. (57)
Laundry, cleaning and garment services. (721)
Mobile food vendors {eating places, fruits and vegetables -retail)_ (999)
Personnel supply services. (736)
Photo finishing services. (7384)
Photographic services. (722)
Postal services. (43)
Recreation facilities_ (999)
Travel agencies. (4724)
Reso)ution No. 2019-264
Page 13 of 14 File No: PNRD-120195447
OR BOOK 4362 PAGE 884
EXHIBIT E (PAGE 3 OF 3)
Conditional Use Required;
Veterinary services_ (074)
Drinking places (alcoholic beverages) - free-standing. (5913)
Resolution No. 2019-264
Page 14 of 14 File No: PNRD-120195447