Placement: Second Reading of Ordinances
Action Requested: Motion / Vote
title
Ordinance 24-12, an Ordinance to Rezone Approximately 41 Acres of Property Located in the Northwest Quadrant of the Intersection of SW Village Parkway and Becker Road from the Zoning Designation of AG-5 (SLC Agriculture-5) to the City’s MPUD (Master Planned Unit Development) Zoning District for a Project known as Southern Grove 8 MPUD (P23-107).
body
Submitted By: Bridget Kean, AICP, Deputy Director Planning and Zoning
Strategic Plan Link: The City’s Mission to plan for smart and balanced growth.
Executive Summary (General Business): Mattamy Palm Beach, LLC, has applied to rezone approximately 41.35 acres of property located on the northwest corner of the intersection of SW Village Parkway and SW Becker Road from the zoning designation of St. Lucie County Agricultural 5 (one dwelling unit per five acres) to the zoning designation of City of Port St. Lucie Master Planned Unit Development (MPUD). The subject property is comprised of two parcels: the northern parcel is 20 acres and known as Tract B-1, Kenley Subdivision Plat. The southern parcel is 21.35 acres and known as Tract C-1, Kenley, Subdivision Plat.
The proposed MPUD concept plan, Exhibit 8, depicts the internal and external driveway locations approved for the project per the City of Port St. Lucie Code of Ordinances and the Public Works Department’s Engineering Standards. The proposed driveway on SW Village Parkway that aligns with Legacy Park Drive to the west is a required signalized intersection per the Traffic Signal Agreement among Mattamy Palm Beach, LLC, the Port St. Lucie Governmental Finance Corporation, and the City of Port St. Lucie. The approval of the MPUD will trigger the requirement for the construction of the traffic signal at the intersection of Southwest Village Parkway and Legacy Drive Park Drive pursuant to the Traffic Signal Agreement executed by Mattamy Palm Beach, LLC, on February 14, 2023.
At the March 5, 2024 Planning and Zoning Board meeting, the Planning and Zoning Board recommended approval of the proposed MPUD rezoning with a condition that provided a timeline for the construction of the traffic signal. If the traffic signal was not constructed during that time period, the City would withhold building permits. Following the Planning and Zoning Board hearing, City staff met with the applicant. The conditions of approval have been revised to state that construction of the traffic signal shall commence within twelve (12) months of the MPUD’s approval by City Council and be certified by eighteen months. Mattamy Palm Beach, LLC, shall provide the Public Works Department monthly updates on the progress of design and construction of the traffic signal. The conditions of approval have been agreed to Mattamy Palm Beach, LLC.
Presentation Information: Staff will provide a presentation.
Staff Recommendation: Move that the Council approve the MPUD rezoning as recommended by the Planning and Zoning Board subject to the conditions listed under Section 3 of the adopting ordinance that read as follows:
1. The traffic signal at the intersection of Southwest Village Parkway and Legacy Park Drive must be constructed and completed as follows:
a. Construction shall commence within 12 months of the MPUD’s approval by City Council; and
b. Certification of signal shall be completed within 18 months of the MPUD’s approval by City Council.
2. Upon submittal of the signal permit set construction plans to the City of Port St. Lucie monthly updates shall be submitted to the Public Works Department on the progress and status of the signal design, permitting and construction progress by Mattamy Palm Beach, LLC.
3. The City may withhold Public Works engineering permit within the MPUD if the obligations set forth in Condition 1 are not met within the timeframes stated above, subject to Force Majeure Events or Weather Days, as defined in the Agreement, if applicable. This condition is intended to supplement and is not intended to supersede rights or remedies the City may have with regard to the Agreement and the City reserves all of its rights and remedies.
Alternate Recommendations:
1. Move that the Council amend the recommendation and recommend approval subject to the conditions under Section 3 of the adopting ordinance.
2. Move that the Council not approve the proposed MPUD rezoning and provide staff direction.
Background: The Planning and Zoning Board recommended approval of the proposed MPUD rezoning at the March 5, 2024 Planning and Zoning Board meeting as noted above.
When the item was submitted for the Planning and Zoning Board agenda, the staff report included a recommendation for an updated traffic study. The traffic study was received and approved by Public Works in time for the Planning and Zoning Board hearing so the Board did not act on that recommendation.
Issues/Analysis: Southern Grove 8 MPUD will provide for a mixed use development consistent with Policy 1.2.2.7 of the City’s Comprehensive Plan. Policy 1.2.2.7 requires a mixed use area to contain a minimum of three uses. One of the three uses has to be residential. The other uses can include commercial and office uses, hospital and medical uses, restaurants, theaters, hotels, institutional uses, public facilities (including utilities), light industrial, warehouse/distribution.
Financial Information: N/A
Special Consideration: There is an associated application for site plan approval for the southern 21.35 acres of the MPUD for a project known as SG 8 Shoppes at Southern Grove Site Plan (P23-106). It includes a proposed 5,915 square foot convenience store and gas facility and a proposed 136,789 square foot Home Improvement store and five outparcels. In addition, there is an associated application to subdivide the 21.35 acres of property known as the Tradition SG 8 Preliminary and Final Subdivision Plat (P23-233). Both the site plan and subdivision plat are under review by City staff.
Location of Project: The property is generally located in the northwest quadrant of the intersection of SW Village Parkway and SW Becker Road.
Attachments:
1. Ordinance
2. Exhibit “A” Southern Grove 8 MPUD
3. Staff Report
4. Exhibit “B” Traffic Signal Agreement
5. Application
6. Public Works Traffic Memo
7. Applicant’s Traffic Study
8. Warranty Deed
9. Staff Presentation
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 23187-08
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.