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HomeMy WebLinkAboutPDS-17-027 - Oakland Lake EstatesJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4333484 07/25/2017 08:29:29 AM OR BOOK 4023 PAGE 223 - 227 Doc Type: ORD RECORDING: $44.00 PDS NO. 17-027 - - File No. SPMn 520175137 AN ORDER GRANTING MINOR ADJUSTMENT #3 APPROVAL TO THE OAKLAND LAKE ESTATES FINAL PLANNED UNIT DEVELOPMENT (PUD) 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 3rd Minor Adjustment to the previously approved Oakland Lake Estates Final PUD (Planned Unit Development) Site Plan to modify Tract F Recreation which is 0.33 acres in size that was previously approved for a swimming pool and cabana. Said improvements include replacing the swimming pool and cabana with an active play area , bike racks, bench seating, a mail kiosk and associated landscaping. The 73 single family residential lot subdivision is approximately 18.46 acres in size and is 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 Planried 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. File No. SPMn 520175137 PDS 17-027 July 7, 2017 Page 1 of 5 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. 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. On May 5, 2017, the Planning and Development Services Director approved Minor Adjustment #2 to the Oakland Lake Estates Final PUD Site Plan, for purpose to revert the minimum interior side yard setback for single family lots from 6.5 feet to 5 feet. 8. 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 #3 — Final PUD Site Plan, dated July 6, 2017. 9. 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. 10. 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. 11. 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 #3 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 Lucido and Associates dated July 6, 2017, and date stamped by the Planning and Development Services Department on July 7, 2017 subject to the following conditions: File No. SPMn 520175137 PDS 17-027 July 7, 2017 Page 2 of 5 1. All previous conditions of approval applicable to the subdivision and as contained in Resolution 04-096 remain in full force and affect until deemed to be complied with by St. Lucie County. Planning and Development Services Department — Planning Division 2. Prior to the issuance of the tenth (101h) Certificate of Occupancy for a single family residence, all improvements (parking, sidewalks, play apparatus, benches, mail kiosks, landscaping, etc.) shall be completed on Tract F as shown on the site plan and landscape plan. Environmental Resources Department 3. Prior to the issuance of the first building permit for a single family residence, the applicant shall execute a Revocable License Agreement to allow landscape improvements within the County's right-of-way along Eden Road, Hummingbird Way and Palomar Street. 4. Prior to the issuance of the first Certificate of Occupancy for a single family residence, all Florida Exotic Pest Plant Council Category I listed invasive plants shall be eradicated from the site. 5. Prior to the issuance of the first Certificate of Occupancy for a single family residence, Tract B shall be in compliance with the approved Preserve Area Management Plan, including exotic removal and replanting as necessary. All signs designating Tract B shall also be replaced and/or repaired. 6. The issuance of County Development permits do not in any way 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 if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in violation of state or federal law. 7. All other applicable state or federal permits must be obtained before commencement of the development. Public Works Department — Engineering Division 8. Prior to the issuance of the first building permit for a single family residence, the applicant shall provide the St. Lucie County Public Works Department, Engineering Division a current certification from a professional engineer for the existing infrastructure that demonstrates compliance with County and Florida Department of Transportation (FDOT) Standards. File No. SPMn 520175137 PDS 17-027 July 7, 2017 Page 3 of 5 B. Legal Description: The property affected by this Minor Adjustment (Minor Adjustment #3) is described as follows: Tract F, Plat of Oakland Lake Estates, according to the Plat thereof, as recorded in Plat Book 60, Page 14, of the Public Records of St. Lucie County, Florida. C. The applicant, property owner, their successors and assigns, are advised that as part of the approval of this Minor Adjustment #3 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, 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 #3) to the Final PUD Site Plan authorized through this Administrative Order shall run concurrent with the approval period associated with Resolution 04-096. 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. File No. SPMn 520175137 PDS 17-027 July 7, 2017 Page 4 of 5 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. Any construction or development activity completed pursuant to this parcel shall be required to revert to the previously approved conditions. 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. I. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 7th day of July, 2017. PLANNING & DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA N By: v od V Leslie dison, AI P, Director APPROVED AS TO FORM AND CORRECTNESS By: Cou File No. SPMn 520175137 July 7, 2017 PDS 17-027 Page 5 of 5