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Home My WebLink AboutPDS-17-019 - Minor Adjustment #2 to the Oakland Lake Estates Final PUD Site PlanJOSEPH E. SMITH CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY "LE' 4309323 0511 7/204 7 09:07.33 Am OR BOOT( 3997 PAGE 372 - 376 Doc Type. ORD RECORDING; $44.00 PDS NO. 17-019 File No. SPMN 420175126 AN ORDER GRANTING APPROVAL TO MINOR ADJUSTMENT #2 TO THE OAKLAND LAKE ESTATES FINAL PLANNED UNIT DEVELOPMENT SITE PLAN WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Adjustment to the Final Planned Unit Development Site Plan known as Oakland Lake Estates PUD and reviewed the comments of the Development Review Committee and has made the following determinations. 1. Ryan Homes requested a 2"'d Minor Adjustment to the previously approved Oakland Lake Estates Final PUD (Planned Unit Development) Site Plan by revising the minimum interior side yard setback for single family residential lots from 6.5 feet to 5 feet for a 73 -lot single family subdivision on approximately 18.46 acres located at the northwest corner of the intersection of Kings Highway and Palomar Street, more particularly described in Part B below. 2. On October 19, 2004, the St. Lucie County Board of County Commissioners granted approval through Resolution No. 04-096, to the petition of James T. Long, Skyline Building and Development, a Preliminary and Final Planned Unit Development Site Plan for the project known as Oakland Lake Estates PUD. 3. On December 19, 2005, the St. Lucie County Planning and Development Services Director, through staff delegation, approved Minor Adjustment #1 to the Oakland Lake Estates Final PUD Site Plan, for the purpose to increase the minimum interior side yard setback for single family residential lots from 5 feet to 6.5 feet. 4. On October 17, 2006, the St. Lucie County Board of County Commissioners granted approval through Resolution No. 06-297 a twelve (12) month extension to the Final PUD Site Plan. 5. On November 6, 2007, the St. Lucie County Board of County Commissioners granted approval through Resolution No. 07-290 a second twelve (12) month extension to the Final PUD Site Plan. File No. SPMN 420175126 PD5 17-019 May 5, 2017 Page 1 of 5 6. On October 28, 2008, the Board of County Commissioners approved the Plat of Oakland Lake Estates consisting of 73 single family residential lots and associated common areas. 7. St. Lucie County Planning Staff has performed a detailed analysis of the proposed Minor Adjustment and determined it to be consistent with the St. Lucie County Land Development Code, Comprehensive Plan and with the intent of the previously approved Final PUD Site Plan for Oakland Lake Estates PUD. The analysis is found in the Planning and Development Services memorandum titled Oakland Lake Estates PUD — Minor Adjustment #2 — Final PUD Site Plan, dated April 25, 2017, 8. The project will not have an undue adverse impact on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 9. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate surroundings through building design, site design, landscaping and screening. 10. The applicant has previously applied for, and received, a Certificate of Capacity, for the Oakland Lake Estates PUD, as referenced through Resolution 04-096. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the proposed Minor Adjustment #2 to the existing Final PUD Site Plan for the Oakland Lake Estates PUD, is hereby approved as shown on the site plan drawing prepared by Caulfield and Wheeler, Inc. dated February 27, 2017, and date stamped by the Planning and Development Services Department on April 25, 2017 subject to the following condition(s): 1. All previous conditions of approval applicable to the property described in Part B below, and as contained in Resolution 04-096, as may be amended, remain in full force and affect until deemed to be complied with by St. Lucie County. 2. The issuance of County Development permits do not in anyway create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County of the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or File No. SPMN 420175126 PDS 17-019 May 5, 2017 Page 2 of 5 federal agency or undertakes actions that result in violation of state or federal law. 3. All other applicable state or federal permits must be obtained before commencement of the development. B. Legal Description: The property affected by this Minor Adjustment (Minor Adjustment #2) is described as follows: All of the property contained in the Plat of Oakland 'Lake Estates, a Planned Unit Development, as recorded in the public records of St. Lucie County, Florida in Plat Book 60, Pages 14-15. I nratinn- Northwest corner of Kings Highway and Palomar Street. C. The applicant, property owner, their successors and assigns, are advised that as part of the approval of this Minor Adjustment #2 to the existing approved Final PUD Site Plan for the Oakland Lake Estates PUD, the applicant, property owner, their successors and assigns, shall obtain all applicable development permits and construction authorizations from the appropriate State, Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and St. Lucie County, prior to the commencement of any development activities on the property described in Part B applicable to the proposed activity for which site construction or development authorization is sought. Issuance of this Minor Adjustment to Final PUD Site Plan approval by St. Lucie County does not in any way create any rights on the part of the applicant, property owner, their successors and assigns to obtain a permit from a state or federal agency and does not create any liability on the part of the County through issuance of this Minor Adjustment to Final PUD Site Plan approval to obtain local development permit(s) if the applicant, property owner, their successors and assigns, fail 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. D. This Order shall become effective upon the date of approval indicated below. The approval period for the Minor Adjustments (Minor Adjustment #2) to the Final PUD Site Plan authorized through this Administrative Order shall run concurrent with the approval period associated with Resolution 04-096. He No. SPMN 420175126 PDS 17-019 May 5, 2017 Page 3 of 5 E. Should the property owner, developer or authorized agent wish to appeal any condition described in Part A above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.05(D), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of any action or activity authorized through this Minor Adjustment until the appeal is resolved. F. A copy of this Order, or printed reference to it, shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie Planning and Development Services Director a copy of which shall be provided to the developer and agent of record as identified on the Minor Adjustment application. G. The conditions set forth in Part A are an integral non severable part of the Minor Adjustment approval to the existing PUD Site Plan for the Oakland Lake Estates PUD granted by this Order. If any condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, unless otherwise amended in accord with the provision of the St. Lucie County Land Development Code, the Minor Adjustment approvals authorized through this Order, to the existing, approved PUD Site Plan for the Oakland Lake Estates PUD shall become null and void, and any construction or development activity completed pursuant to this parcel shall be required to revert to the previously approved condition. H. The Certificate of Capacity, authorized through Resolution 04-096, shall continue to govern the area described in Part B above, and in shall remain subject to the conditions and restrictions set forth in Resolution 04-096. This order shall be recorded in the Public Records of St. Lucie County. File No. SPMN 420175126 PDS 17-019 May 5, 2017 Page 4 of 5 ORDER effective the 5th day of May, 2017. PLANNING & DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA Leslie Olson, AICP, Director APPROVED AS TO FORM AND CORRECTNESS By: , 0 County Attorney File No. SPMN 420175126 May 5, 2017 PDS 17-019 Page 5 of 5