HomeMy WebLinkAboutPDS-22-022 - Silver Oaks PUD MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5083516 08/12/2022 03:21:22 PM
DR BOOK 4873 PAGE 553-559 Doc Type:ORD
RECORDING: $61.00
PDS NO. 22-022
File Number: SPMN-8202126116
AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES
DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR
A MINOR ADJUSTMENT TO THE PLANNED UNIT DEVELOPMENT
(PUD) FOR THE PROJECT KNOWN AS SILVER OAKS PUD.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
application for a Minor Adjustment to the Silver Oaks PUD submitted by Lucido & Associates, on
behalf of Kolter Group Acquisitions, LLC, evaluated the comments of the St. Lucie County
Development Review Committee on the application and has made the following determinations:
1. Lucido & Associates, submitted an application for a Minor Adjustment to the previously
approved Silver Oaks PUD to provide for an increase in the stormwater storage area within
the single-family portion of the project. The increase in stormwater storage area is required
due to a previous dedication made in favor of St. Lucie County by the previous landowner,
which resulted in deficient stormwater storage area for the remainder of the tract. The
previously approved plan has been modified to accommodate the necessary increase in
stormwater storage area, including a reduction in the single-family lot depth for Lots 65-
71 from 135' to 120', and a fifteen (15) foot shift in the internal roadway. The proposed
Minor Adjustment also seeks to provide for two (2) additional improved amenity areas
within the single-family and eastern townhome portions of the project, the addition of street
trees and landscaping within the amenity parking areas. and amends language to allow
the developer to construct three (3) or four (4) bedroom townhomes.
2. The St. Lucie County Development Review Committee has reviewed the adjusted Site
Plan and found it to meet the technical requirements of the St. Lucie County Land
Development Code, St. Lucie County Comprehensive Plan, and has satisfied the
standards of review set forth in Section 11.02.07, Standards for Site Plan Review, subject
to the conditions set forth in Part "A" of this Order.
3. On March 1, 2005, through Resolution No. 05-021, the Board of County Commissioners
granted Final Planned Unit Development Site Plan approval, known as Silver Oaks PUD,
for the property located on the southeast corner of Tilton Road and Silver Oaks Drive.
4. On May 3, 2017, the Governor issued Executive Order 17-146 for a period of 60 days due
to the threat of an opioid epidemic to the State of Florida. The Governor further extended
this Order nine (9)times by issuing Executive Orders 17-177, 17-230, 17-285. 17-329, 18-
47, 18-110, 18-177, 18-235 and 18-279, due to the continued opioid epidemic threat to
the State of Florida residents.
5. On October 2, 2017, the Governor issued Executive Order 17-259 for a period of 60 days
due to the impacts and recovery of Hurricane Maria. The Governor further extended this
order seven (7) times by issuing Executive Orders 17-304, 18-17, 18-80, 18-135, 18-214,
SPMn-8202126116 PDS Order No. 22-022
Page 1
18-236 and 18-281, due to the effects of Hurricane Maria.
6. On July 9, 2018, the Governor issued Executive Order 18-191 for a period of 60 days due
to the discharge of freshwater from Lake Okeechobee into the Caloosahatchee River.
St. Lucie River, the Indian River Lagoon estuary causing widespread algae
blooms. On September 6, 2018, the State of Emergency was further extended by EO 18-
249.
7. On October 4, 2018, the Governor issued Executive Order 18-275 for a period of 60 days
due to the effects of red tide on marine life and Florida's beaches. On October 17, 2018,
the State of Emergency was further extended by EO 18-282.
8. On September 14. 2018, the Governor issued Executive Order 18-253 for a period of 60
days due to the threat of Hurricane Florence.
9. Planning staff performed a detailed analysis of the project and found it to be consistent
with the St. Lucie County Land Development Code and Comprehensive Plan. The
analysis can be found in the Planning and Development Services memorandum titled
Silver Oaks PUD— Minor Adjustment to the Planned Unit Development Site Plan (SPMn-
8202126116) dated July 28. 2022.
10. The proposed Minor Adjustment will not have an undue adverse effect on adjacent
properties, the character of the neighborhood, traffic conditions, parking, utility facilities,
or other matters affecting the public health, safety, and general welfare.
11. 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.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director:
A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Minor
Adjustment to the Silver Oaks PUD is hereby approved as shown on the site plan drawings
prepared by Thomas Lucido & Associates, P.A., date stamped by the Planning &
Development Services Department on July 27. 2022, subject to the following conditions:
1. All previous conditions of approval applicable to the subject property, as contained
in Resolution 05-021 have been consolidated as contained herein.
2. Prior to issuance of a Vegetation Removal Permit and/or Exemption, an updated
landscape plan shall be provided to Environmental Resources Department
demonstrating all trees to be installed shall be native and a plant list of all native
littoral plantings to be installed in compliance with the Land Development Code
and the Comprehensive Plan.
3. Prior to issuance of a Vegetation Removal Permit and/or Exemption or prior to
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recordation of a final plat, whichever comes first, the applicant or assigns shall
provide an executed St. Lucie County conservation easement and the Preserve
Area and Management Plan (PAMMP) approved by the Environmental Resources
Department with an attached affidavit, and a cashier's check, payable to the Clerk
of Court for the appropriate recording fees, to the County Attorney for
review and approval. The applicant shall also provide a digital shapefile of the
conservation easement to the County. The easement shall provide that the
Homeowner Association shall be responsible for maintaining the conservation
easement area in perpetuity in accordance with the St. Lucie County approved
Preserve Area Monitoring and Management Plan. The recorded OR Book and
Page of the conservation easement shall also be identified on the final recorded
plat.
4. Prior to issuance of a Vegetation Removal Permit or Exemption, listed species
surveys including but not limited to gopher tortoise surveys shall be updated as
required per state and/or federal protocol. Should any listed species be found as
a result, appropriate permits from state and federal agencies shall be required.
5. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive
species shall be eradicated from the site.
B. The property on which this extension is being approved is described as follows:
LEGAL DESCRIPTION:
TRACTS 1 THROUGH 16. INCLUSIVE, OF BLOCK 4, OF ST. LUCIE GARDENS,
SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 1, PAGES 35, OF THE PUBLIC RECORDS
OF ST. LUCIE COUNTY, FLORIDA: LESS COUNTY ROAD AND DRAINAGE
EASEMENTS ALONG THE NORTH AND WEST BOUNDARIES THEREOF. AND LESS
EASEMENT ON PLAT ALONG THE EAST AND SOUTH BOUNDARIES.
LESS AND EXCEPT, A CERTAIN PARCEL OF LAND LYING IN SECTION 23,
TOWNSHIP 36 SOUTH, RANGE 40 EAST, SAID LANDS BEING A PORTION OF THE
PROPOSED PLAT OF SILVER OAKS, SAID PROPOSED PLAT BEING REPLAT OF
TRACTS 1 THRU 16, BLOCK 4, PLAT NO. 1, ST. LUCIE GARDENS, AS RECORDED
IN PLAT BOOK 1, PAGES 35, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 36 SOUTH,
RANGE 40 EAST; SAID POINT ALSO BEING ON THE SOUTH RIGHT OF WAY LINE
OF TRACT "A", A.K.A. PROPOSED LENNARD ROAD; THENCE S89°52'45"W, ALONG
SAID SOUTH RIGHT OF WAY LINE. SAID LINE ALSO BEING THE SOUTH LINE OF
THE AFORESAID SECTION 23, A DISTANCE OF 1913.85 FEET TO THE POINT OF
CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST, WITH A RADIUS OF
785.00', AND WHOSE CENTRAL ANGLE IS 60°39'38", AND WHOSE CHORD BEARS
N59°47'26"W: THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE, A
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DISTANCE OF 831.10' TO A POINT WHICH LIES ON THE EASTERLY RIGHT OF WAY
LINE OF SILVER OAK DRIVE, SAID LINE ALSO LYING 50.00 FEET EAST OF, AS
MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHEAST 1/4
(ONE-QUARTER). OF AFORESAID SECTION 23, SAID LINE ALSO BEING THE WEST
LINE OF PROPOSED TRACT "A", A.K.A. PROPOSED LENNARD ROAD, OF THE
PROPOSED PLAT OF SILVER OAKS, POINT ALSO BEING NON-TANGENT.
CONTINUE NOO°13'26"W, ALONG SAID LINE, A DISTANCE OF 1704.19' TO A NON-
TANGENTIAL POINT OF CURVATURE OF A CURVE, CONCAVE TO THE WEST, WITH
A RADIUS OF 780.00', AND A CENTRAL ANGLE OF 13°00'10", AND WHOSE CHORD
BEARS S06°43'31"E: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 177.01' TO A POINT WHICH LIES 20.00' EAST OF, AS MEASURED AT
RIGHT ANGLES TO THE EASTERLY RIGHT OF WAY LINE OF THE AFORESAID
SILVER OAK DRIVE, SAID LINE ALSO BEING THE EAST LINE OF PROPOSED TRACT
"A", A.K.A. LENNARD ROAD OF THE PROPOSED PLAT OF SILVER OAK: THENCE
SOO°13'26"E, ALONG SAID LINE, A DISTANCE OF 1145.29', TO THE POINT OF
CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST. WITH A RADIUS OF
665.00', AND A CENTRAL ANGLE OF 89°53'49"; THENCE SOUTHEASTERLY, ALONG
THE ARC OF SAID CURVE, A DISTANCE OF 1043.38' TO A POINT ON A LINE WHICH
LIES 120.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH
LINE OF THE SOUTHEAST 1/4 (ONE-QUARTER), OF AFORESAID SECTION 23, SAID
LINE ALSO BEING THE NORTH LINE OF PROPOSED TRACT "A", A.K.A. LENNARD
ROAD, OF THE PROPOSED PLAT OF SILVER OAKS; THENCE N89°52'45"E, ALONG
SAID LINE, A DISTANCE OF 1914.27' TO A POINT ON THE EAST LINE OF THE
SOUTHEAST 1/4 (ONE-QUARTER) OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE
40 EAST, ALSO BEING THE CENTERLINE OF "SHANA'S TRAIL", A PRIVATE
INGRESS/EGRESS EASEMENT PER OFFICIAL RECORDS BOOK 1155, PAGE 1237,
ST. LUCIE COUNTY PUBLIC RECORDS; THENCE SOO°04'40"W, ALONG SAID LINE,
A DISTANCE OF 120.00' TO THE POINT OF BEGINNING.
ALSO LESS AND EXCEPT:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 36 SOUTH
RANGE 40 EAST; SAID POINT ALSO BEING ON THE SOUTH RIGHT OF WAY LINE
OF TRACT "A", A.K.A. PROPOSED LENNARD ROAD; THENCE S89°52'45" W, ALONG
SAID SOUTH RIGHT OF WAY LINE, SAID LINE ALSO BEING THE SOUTH LINE OF
THE AFORESAID SECTION 23, A DISTANCE OF 2597.44' TO THE EAST RIGHT OF
WAY LINE OF SILVER OAKS DRIVE; THENCE NOO°13'26"W ALONG SAID EAST
RIGHT OF WAY LINE, A DISTANCE OF 1241.26'; THENCE DEPARTING SAID EAST
RIGHT OF WAY LINE N89°51'20"E A DISTANCE OF 74.71' TO A POINT OF
CURVATURE AND ALSO BEING LOCATED ON THE WESTERLY AND SOUTHERLY
LIMITS OF THE PROPOSED SILVER OAKS DEVELOPMENT; THENCE THE
FOLLOWING CALLS ALONG SAID WESTERLY AND SOUTHERLY LIMIT OF
DEVELOPMENT OF THE PROPOSED SILVER OAKS DEVELOPMENT: THENCE
ALONG A CURVE TO THE LEFT HAVING A DELTA OF 031°27'53" A RADIUS OF
650.72' AN ARC LENGTH OF 357.35' A CHORD BEARING OF S35°29'01"E AND A
CHORD DISTANCE OF 352.88' TO A POINT OF REVERSE CURVATURE; THENCE
ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 06°49'11", A RADIUS OF
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3416.26' AN ARC LENGTH OF 406.63' A CHORD BEARING OF S51°18'38"E AND A
CHORD DISTANCE OF 406.39' TO THE POINT OF TANGENCY; THENCE S03°30'41"E
A DISTANCE OF 157.05' TO A POINT OF CURVE: THENCE ALONG A CURVE TO THE
LEFT HAVING A DELTA OF 086°24'39" A RADIUS OF 240.00' AN ARC LENGTH OF
361.96' A CHORD BEARING OF S46°43'01"E AND A CHORD DISTANCE OF 328.62'
TO THE POINT OF TANGENCY; THENCE S89°55'20"E A DISTANCE OF 527.97' TO A
POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF
70°32'38" A RADIUS OF 240.00' AN ARC LENGTH OF 295.49' A CHORD BEARING OF
N54°48'21"E AND A CHORD DISTANCE OF 277.18' TO THE POINT OF TANGENCY.
THENCE S70°27'58"E A DISTANCE OF 83.88'; THENCE S59°31'57"E A DISTANCE OF
14.18'; THENCE S07°45'29"W, A DISTANCE OF 49.33'; THENCE S14°58'49"E, A
DISTANCE OF 68.41'; THENCE S89°55'20"E, A DISTANCE OF 900.35' TO THE EAST
LINE OF SAID SECTION 23; THENCE S00°04'40"W ALONG SAID EAST LINE OF
SECTION 23. A DISTANCE OF 320.15' TO THE POINT OF BEGINNING.
ALL OF THE ABOVE DESCRIBED LANDS ALSO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 23. TOWNSHIP 36
SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE N 00°04'40" E
ALONG THE EAST LINE OF THE SOUTHEAST ONE QUARTER (SE. 1/4) OF SAID
SECTION 23, A DISTANCE OF 320.15 FEET TO THE POINT OF BEGINNING; THENCE
N 00°04'40" E ALONG THE EAST LINE OF SAID SOUTHEAST ONE QUARTER (SE.
1/4) OF SAID SECTION 23 AND THE EAST LINE OF TRACTS 1, 2. 15 AND 16 , BLOCK
4, PLAT NO. 1 ST. LUCIE GARDENS, AS RECORDED IN PLAT BOOK 1, PAGE 35,
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. A DISTANCE OF 2283.62 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TILTON ROAD; THENCE
S 89°56'47" W ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF TILTON ROAD
LYING 40.00 FEET SOUTH OF AND PARALLEL TO AS MEASURED AT RIGHT
ANGLES TO THE NORTH LINE OF THE SOUTHEAST ONE QUARTER (SE. 1/4) OF
SAID SECTION 23 AND LYING 40 FEET SOUTH OF THE NORTH LINE OF TRACTS 1,
3, 4, 5, 6 AND 7, BLOCK 4, PLAT NO. 1 ST. LUCIE GARDENS, AS RECORDED IN PLAT
BOOK 1, PAGE 35, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A
DISTANCE OF 2611.15 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE
OF SILVER OAK DRIVE; THENCE S 00°13'26" E ALONG SAID EASTERLY RIGHT-OF-
WAY LINE OF SILVER OAK DRIVE LYING 50.00 FEET EAST OF AND PARALLEL TO
AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF THE SOUTHEAST ONE
QUARTER (SE. 1/4) OF SAID SECTION 23 AND LYING 50 FEET EAST OF THE WEST
LINE OF TRACT 7, BLOCK 4, OF SAID PLAT NO. 1 ST. LUCIE GARDENS, A DISTANCE
OF 502.26 FEET TO A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST;
SAID CURVE HAVING A RADIUS OF 780.00 FEET, A CENTRAL ANGLE OF 13°00'12"
AND WHOSE BEARS S 6°43'30" E; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE AND EASTERLY LINE OF THOSE LANDS AS CONVEYED TO ST. LUCIE
COUNTY, FLORIDA IN OFFICIAL RECORDS BOOK 3178, PAGE 2062, OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 177.02 FEET
TO A NON-TANGENT POINT; THENCE S 00°13'26" E ALONG SAID EAST LINE OF
THOSE LANDS CONVEYED TO ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF
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687.82 FEET; THENCE N 89°51'20" E ALONG THE NORTHERLY LINE OF THOSE
LANDS AS CONVEYED TO ST. LUCIE COUNTY IN OFFICIAL RECORDS BOOK 4370,
PAGE 1490, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A
DISTANCE OF 54.70 FEET TO A NON-TANGENT CURVE CONCAVE TO THE
NORTHEAST; SAID CURVE HAVING A RADIUS OF 650.72 FEET, A CENTRAL ANGLE
OF 31°27'54" AND WHOSE CHORD BEARS S 35°29'01" E; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF 357.35 FEET
TO A NON TANGENT CURVE CONCAVE TO THE SOUTHWEST; SAID CURVE
HAVING A RADIUS OF 3416.26 FEET, A CENTRAL ANGLE OF 6°49'11" AND WHOSE
CHORD BEARS S 51°18'38" E; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE, A DISTANCE OF 406.63 FEET TO A POINT OF NON-TANGENCY;
THENCE S 03°30'41" E, A DISTANCE OF 157.05 FEET TO A POINT OF CURVATURE
OF A CURVE CONCAVE TO THE NORTHEAST; SAID CURVE HAVING A RADIUS OF
240.00 FEET, A CENTRAL ANGLE OF 86°24'39" AND WHOSE CHORD BEARS S
46°43'00" E; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 361.96 FEET TO A POINT OF TANGENCY; THENCE S 89°55'20" E, A
DISTANCE OF 527.97 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
TO THE NORTHWEST; SAID CURVE HAVING A RADIUS OF 240.00 FEET, A
CENTRAL ANGLE OF 70°32'38"AND WHOSE CHORD BEARS N 54°48'21" E; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 295.49 FEET
TO A POINT OF NON-TANGENCY; THENCE S 70°27'58" E, A DISTANCE OF 83.88
FEET; THENCE S 59°31'57" E, A DISTANCE OF 14.18 FEET; THENCE S 07°45'29" W,
A DISTANCE OF 49.33 FEET; THENCE S 14°58'49" E, A DISTANCE OF 68.41 FEET;
THENCE S 89°55'20" E, A DISTANCE OF 900.35 FEET (THE PRECEDING TWELVE
COURSES BEING COINCIDENT WITH THE NORTHERLY LINES OF THOSE LANDS
CONVEYED TO ST. LUCIE COUNTY. FLORIDA, IN OFFICIAL RECORDS BOOK 4370,
PAGE 1490, OF THE ST. LUCIE COUNTY PUBLIC RECORDS) TO THE
AFOREMENTIONED POINT OF BEGINNING.
CONTAINING 126.725 ACRES MORE OR LESS
Parcel ID Number: 3414-501-0801-050-8
C. The approvals granted by this administrative order shall expire twenty-four (24) months
from the effective date, unless a Building Permit is obtained, or an extension is granted in
accordance with the provisions of Section 11.02.06 of the St. Lucie County Land
Development Code.
D. The developer, including any successors in interest, is advised as part of this Minor
Adjustment approval, all applicable development permits and construction authorizations
shall be obtained 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, 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 "B". Issuance of this permit by the County does
not in any way create any rights on the part of the developer to obtain a permit from a
SPMn-8202126116 PDS Order No. 22-022
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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.
E. The conditions set forth in Part "A" are an integral non-severable part of the site plan
approval granted by this Resolution. If any condition set forth in Part "A" 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.
D. The Certificate of Capacity granted with the project's original approval shall remain valid
for the period of this Development Order. If this Order expires or otherwise terminates, the
Certificate of Capacity shall automatically terminate.
F. A copy of this Order shall be placed on file with the St. Lucie County Planning and
Development Services Department.
G. This Order shall be recorded in the Public Records of St. Lucie County.
i
The ORDER is effective the - day of A 2022.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY . L' CU ; 110 ,
Mayte Santam':ria, Di -cto
APPROVED AS TO FORM
AND CORRECTNESS:
BY
County Attorney
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