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HomeMy WebLinkAboutPDS-12-016 - Spanish Lakes Fairways PUDJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3690277 04/03/2012 at 12:41 PM OR BOOK 3376 PAGE 2396 - 2399 Doc Type: ORD RECORDING: $35.50 1 PDS-12-016 2 SPMn 1020104159 3 4 AN ORDER OF THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR 5 GRANTING APPROVAL FOR A MINOR ADJUSTMENT TO A FINAL PLANNED 6 UNIT DEVELOPMENT SITE PLAN KNOWN AS SPANISH LAKES FAIRWAYS ~ PUD ON CERTAIN PROPERTY SITUATED IN ST. LUCIE COUNTY, FLORIDA. 8 9 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the 1 o application for a Minor Adjustment to a Final Planned Unit Development Site Plan submitted by 11 Culpepper and Terpening, Inc. on behalf of Matthew Wynne and reviewed the comments of the 12 Development Review Committee on this application and made the following determinations: 13 14 1. Matthew Wynne presented a petition for a Minor Adjustment to a Final Planned Unit 15 Development (PUD) Site Plan known as Spanish Lakes Fairways PUD submitted by 16 Culpepper and Terpening, Inc. for property generally located on the east side of 17 Interstate 95, south of the St. Lucie/Indian River county line on +/-435 acres, consisting 18 of the following changes: 19 20 Modifications to the building setbacks/separations to allowforthe construction of 21 conventionally built homes which are approximately 5.2% larger in size than the 22 typical mobile home constructed on home sites throughout the development; and 23 24 To include conventionally built homes as a proposed use in the site data table, in 25 addition to mobile homes. 26 2~ 2. The Development Review Committee reviewed the Minor Adjustment to the Final 2 8 Planned Unit Development Site Plan and found it to meet technical requirements of the 2 9 Land Development Code and to be consistent with the St. Lucie County Comprehensive 3o Plan. 31 32 3. The proposed Minor Adjustment to the Final Planned Unit Development Site Plan is 33 consistent with the general purpose, goals, objectives, and standards of the St. Lucie 34 County Comprehensive Plan and the St. Lucie County Land Development Code. 35 36 4. The proposed modifications will not have an undue adverse effect on adjacent property, 37 the character of the neighborhood, traffic conditions, parking, utility facilities, or other 38 matters affecting the public health, safety, and general welfare. 39 4 o NOW, THEREFORE, BE IT ORDERED: 41 4 2 A. Pursuant to Section 11.02.05 (E) of the St. Lucie County Land Development Code, the 43 Minor Adjustment to the Final Planned Unit Development Site Plan for the project 4 4 known as Spanish Lakes Fairways PUD is hereby approved as shown on the site plan 45 dated October 7, 2011, prepared by Culpepper and Terpening, Inc. date stamped 4 6 received by the St. Lucie County Planning and Development Services Department on 4 ~ October 18, 2011, subject to the following conditions: File No.: SPMn 1020104159 PDS-12-016 February 2, 2012 Page 1 Within two (2) years from the date of this approval, the applicant shall obtain a declaration of substantial completion for the Development of Regional Impact (DRI) from the State Land Planning Agency to close out any further DRI related issues relating to this development. If it is determined by the State Land Planning Agency or the Department of Economic Opportunity that an amendment to the DRI development order is needed, the property owner shall be required to submit the applicable development petitions to the County within 60 days of determination. to 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2. Residential Units Prior to the issuance of any Certificate of Occupancy for any individual residential unit in the Spanish Lakes Fairways community, all Category 1 invasive vegetation, as defined by the Florida Exotic Pest Council (FLEPPC), shall be removed from the individual building site and all required lot landscaping forthat unit will be installed in accordance with the approved PUD plans for the community. In the event that any landscaping element in the approved PUD Site Plans for the Spanish Lakes Fairways community is determined to be Category 1 or Category II (Excluding Queen Palm) invasive plant species by the FLEPPC, alternative landscaping shall be substituted without further amendment to the master plan for the community. 3. Common Areas The Common Areas in Spanish Lakes Fairways include those from the entrance of the property that Wynne Building Corporation owns on the west side abutting I-95 to the water plant and on the east side to the beginning of the homes sites, the entire clubhouse and surrounding recreation area, including all parking lots. Also included are the cul-de-sacs. The strip of land that is between the edge of the pavement and a lake is not considered a home site In the Common Areas, the developer shall remove all Category I Invasive Plant Species (as defined by FLEPPC). The Common Areas shall be brought into compliance with the existing approved PUD landscape plans. In the event that the landscaping element in the approved site plans is now considered to be a Category I or II Invasive Plant Species by the FLEPPC, alternative landscaping shall be substituted for all newly planted material without further amendment to the master plan of the community. Existing Category II listed species (such as queen palm) which were listed on the approved plans may remain. All Common Area landscaping will be completed within three years from the approval date of this Minor Adjustment. The developer shall contact the Environmental Resources Department for an inspection once work has been completed. The approved Spanish Lakes Fairways site plan allows for the use of Queen Palms. To avoid a plant selection mono-culture, the developer is permitted to substitute any existing palm tree, with a native palm such as a Cabbage Palm, File No.: SPMn 1020104159 February 2, 2012 PDS-12-016 Page 2 1 Royal Palm, Everglades Palm, or Key Thatch Palm. Smaller native palms such 2 as Buccaneer Palm or Saw Palmetto can be used in common area landscaping 3 where height is restricted, such as areas underneath power lines. 4 5 B. The property on which this MinorAdjustment tothe Final Planned Unit Development Site 6 Plan is being granted is described as follows: 7 8 Legal Description: 9 to Being a parcel of land lying in Section 6 and 7, Township 34 South, Range 39 East, St. 11 Lucie County, Florida, being more particularly described as follows: 12 Begin at the Northeast corner of Section 6; thence South 00 degrees 02 minutes 18 13 seconds West, along the East line of said Section 6, a distance of 2,710.53 feet; thence 14 continue South 00 degrees 02 minutes 09 seconds West, along the East line of Section is 6, a distance of 2,649.30 feet to the Northeast corner of Section 7; thence South 00 16 degrees 20 minutes 55 seconds West, along the East line of Section 7, a distance of 17 1,755.99 feet to the intersection with the Easterly right-of-way of Interstate 95 (a 324.00 1 a foot wide right-of-way); thence North 36 degrees 33 minutes 11 seconds West, along the 19 Easterly right-of-way of Interstate 95, a distance of 8,904.33 feet to the North line of 2 o Section 6; thence South 89 degrees 36 minutes 00 seconds East, along the North line of 21 Section 6, a distance of 5,317.40 feet to the POINT OF BEGINNING. 22 23 C. The MinorAdjustment approval granted under this order is specifically conditioned to the 24 requirement that the petitioner, Matthew Wynne, including any successors in interest, 25 shall obtain all necessary development permits and construction authorizations from the 26 appropriate State and Federal regulatory authorities including, but not limited to: the 27 United States Army Corps of Engineers, the Florida Department of Environmental 28 Protection, and the South Florida Water Management District, prior to the issuance of 2 9 any local building permits of authorizations to commence development activities on the 3o property described in Part B. 31 32 D. The conditions set forth in Part A are an integral nonseverable part of the minor 33 adjustment approval granted by this development order. If any condition setforth in Part 34 A is determined to be invalid or unenforceable for any reason and the developerdeclines 35 to comply voluntarily with that condition, the site plan approval granted by this 36 development order shall become null and void. 37 3a E. A copy of this Order shall be attached to the site plan drawings described in Part A, 39 which plan shall be placed on file-with the St. Lucie County Planning and Development 4 o Services Director and copies provided to the developer and authorized agent as 41 identified on the site plan application.. 42 4 3 F. This order shall be recorded in the Public Records of St. Lucie County and a copy of the 44 order shall be mailed, return receipt requested to the property owner, and authorized 4 5 agent as identified on the site plan application. 46 47 File No.: SPMn 1 0201 041 59 PDS-12-016 February 2, 2012 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDER effective the 2nd Day of February, 2012. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Mark Satt ee, AICP, Director APPROVED AS TO FORM AND CORRECTNESS: BY File No.: SPMn 1 0201 041 59 February 2, 2012 PDS-12-016 Page 4