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Home My WebLink About22-145 pu ! Y25 O RESOLUTION 2022-145 g-ngm File No. MJSP-4202226375 a"A gv n A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF0, o ST. LUCIE COUNTY GRANTING A MAJOR SITE PLAN TO DEVELOP ri AN NINETY-NINE (99) SINGLE-FAMILY LOT SUBDIVISION FOR A PROJECT TO BE KNOWN AS MERITAGE HOMES AZALEA, WITHIN a A THE PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT ON0 n 31.78 ACRES OF PROPERTY LOCATED IN ST. LUCIE COUNTY, O P FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based the testimony and evidence, including but not limited to findings in the staff report al traffic analysis review, has made the following determinations: 1. Cotleur and Hearing, on behalf of Meritage Homes of Florida, Inc., presented a Major Site Plan application to develop a ninety-nine (99), residential single-family lot subdivision, within the PGA Reserve, drainage, and utility infrastructure, within PUD (Planned Unit Development) Zoning District for the project to be known as Meritage Homes Azalea, located at 8563 S. Commerce Drive, Port St. Lucie, west of Commerce Centre Drive, south of the Baron Office Complex, former PGA Learning Center, and north of the PGA Verano, as legally described in Paragraph B and depicted on the attached map as Exhibit "A". 2. On August 16, 2022, this Board held a public meeting on this petition. 3. The Development Review Committee has reviewed the Major Site Plan for the project and found it meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the St. Lucie County Land Development Code. 4. Planning Staff has performed a detailed analysis of the project and determined it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services Department memorandum titled Meritage Homes Azalea Major Site Plan (MNSP-4202226375) dated August 3, 2022. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through site design, and landscaping screening. 6. The proposed Major Site Plan, with conditions therein, will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic Resolution No. 2022-145 MNSP-4202226375 Page 1 03714o50.vl conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 7. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Site Plan is hereby approved as shown on the drawing prepared by Cotleur & Hearing dated August 2, 2022, for the property described in Part "B" below, subject to the following conditions: Planning & Development Services: 1. No two adjoining single-family homes shall have the same front architectural elevation. 2. Prior to any building permits issued for the Dry Model Construction, the developer shall submit an agreement to be approved by the Board of County Commissioners in accordance with Land Development Code, Section 11.03.01.C. Environmental Resources Department: 3. Prior to final plat approval, the applicant shall provide one of the following: a. Updated HOA/POA documentation which shows an additional monthly assessment fee to the Meritage Homes Azalea/Meritage PGA Reserves residents within the HOA agreement per lot, or: b. An updated landscape plan to St. Lucie County representing an improved and maintained median and berm with appropriate landscaping vegetation and associated irrigation, and notes including but not limited to maintenance items, such as pressure washing, sidewalks, etc. 4. Prior to issuance of a Vegetation Removal Permit or Exemption, an updated tree mitigation plan shall be submitted to Environmental Resources Department providing the remaining 49" DBH of required tree mitigation. 5. Prior to issuance of a Vegetation Removal Permit or Exemption, an updated survey to determine the current activity status of the onsite osprey nest shall Resolution No. 2022-145 MNSP-4202226375 Page 2 03714050.vl be provided. Should the nest be deemed active, i.e., the nest has eggs or flightless young, then an Incidental Take Permit for the United Fish and Wildlife Services (USFWS) is required. 6. Prior to issuance of a Vegetation Removal Permit or Exemption, a 100% survey to determine the presence of the state -protected gopher tortoise and state -protected burrowing owl shall be required. If any gopher tortoise burrows are identified within 25 ft. of the proposed disturbance, all tortoises shall be relocated per the Florida Fish and Wildlife Conservation Commission (FWC) protocol. If any burrowing owls are identified, coordination with the FWC and/or United States Fish and Wildlife Service (USFWS) shall be required. 7. Prior to the issuance of a Certificate of Occupancy, all Category I invasive plant species shall be eradicated from the site. Legal Description: A PORTION OF PARCEL ID 3327-805-0002-000-8 A PORTION OF POD 37B (REVISED) ACCORDING TO THE SECOND REPLAT OF PGA COMMERCE CENTER AT THE RESERVE, AS RECORDED IN PLAT BOOK 41, PAGE 10, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF PARCEL 3A (PB. 41, PG. 10); THENCE NORTH 67'58'53" EAST, A DISTANCE OF 135.11 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 1,086.00 FEET AND A CENTRAL ANGLE OF 03'41'45"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 70.05 FEET TO THE POINT OF BEGINNING (P.O.B #1); THENCE CONTINUE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22'13'25", AN ARC DISTANCE OF 421.23 FEET; THENCE SOUTH 86'05'57" EAST, A DISTANCE OF 134.63 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 663.47 FEET AND A CENTRAL ANGLE OF 16'38'59", THENCE EASTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 192.80 FEET; THENCE SOUTH 18'56'06" WEST, A DISTANCE OF 186.86 FEET; THENCE SOUTH 67'29'51" WEST, A DISTANCE OF 162.32 FEET; THENCE SOUTH 18'34'46" EAST, A DISTANCE OF 57.22 FEET; THENCE SOUTH 71'25'14" WEST, A DISTANCE OF 236.42 FEET TO THE EAST LINE OF PARCEL 3A; THENCE NORTH 18'35'57" WEST, A DISTANCE OF 18.15 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 4.33 FEET AND A CENTRAL ANGLE OF 90'00'00"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 6.80 FEET; THENCE SOUTH 71'24'03" WEST, A DISTANCE OF 22.74 FEET; THENCE NORTH 18'30'30" WEST, A DISTANCE OF 248.94 FEET TO Resolution No. 2022-145 MNSP-4202226375 Page 3 03714050A THE POINT OF BEGINNING. AND A PORTION OF PARCEL ID 3327-708- 0002-010-3 (ACCESS TRACT): A PARCEL OF LAND BEING A PART OF WATER MANAGAMENT PARCEL 2, PGA COMMERCE CENTRE AT THE PRESERVE, A PLAT THAT IS ON FILE AND OF RECORD IN PLAT BOOK 37, PAGE 6 IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID PARCEL OF LAND BEING A PORTION OF THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE SOUTHEAST CORNER OF SAID WATER MANAGEMENT PARCEL 2; THENCE ALONG THE EAST LINE OF SAID WATER MANAGEMENT PARCEL 2, NORTH 00 DEGREES 00 MINUTES 11 SECONDS EAST, AS A BASIS OF BEARINGS, A DISTANCE OF 150,00 FEET TO THE NORTHEAST CORNER OF SAID WATER MANAGEMENT PARCEL 2; THENCE ALONG THE NORTH LINE OF SAID WATER MANAGEMENT PARCEL 2, NORTH 89 DEGREES 59 MINUTES 49 SECONDS WEST, A DISTANCE OF 158.22 FEET; THENCE SOUTH 11 DEGREES 42 MINUTES 15 SECONDS EAST, DEPARTING SAID NORTH LINE, A DISTANCE OF 44.45 FEET; THENCE SOUTH 03 DEGREES 55 MINUTES 47 SECONDS WEST, A DISTANCE OF 65.64 FEET; THENCE SOUTH 04 DEGREES 29 MINUTES 16 EAST, A DISTANCE OF 41.11 FEET TO THE SOUTH LINE OF SAID WATER MANAGEMENT PAREL 2; THENCE ALONG SAID SOUTH LINE, SOUTH 89 DEGREES 59 MINUTES 49 SECONDS EAST, A DISTANCE OF 150.48 FEET TO THE POINT OF BEGINNING. CONTAINS 31.781 ACRES, MORE OR LESS. Parcel ID Numbers: 3327-805-0002-000-8 & 3327-708-0002-010-3 Address: 8563 S. Commerce Centre Drive, Port St. Lucie, 34958 C. This Major Site Plan for Majestic Bay shall expire within twenty-four (24) months of the effective date of this order unless a building permit is issued, or an extension is granted in accordance with the provision of Land Development Code Section 11.02.06. D. The developer is advised as part of this Major Site Plan approval that the property owner(s), developer, etc. including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and 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 A. 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 state or federal agency and does not create any liability on the part of the County for issuance of this permit if Resolution No. 2022-145 MNSP-4202226375 Page 4 03714050A 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. F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit "C" and made a part hereof the Resolution, was granted by the Planning & Development Services Department Director on September 9, 2022. G. A recorded copy of this Resolution shall be attached to the site plan drawings described in Part "A", which plan shall be placed on file with the St. Lucie County Planning & Development Services Department Director. H. This Order shall become effective upon the date indicated below. An appeal of the Board of County Commissioners' action may be processed within thirty (30) days in accordance with Section 11.11.02.F, of the St. Lucie County Land Development Code. This Resolution shall be recorded in the Public Records of St. Lucie County. After the motion and second, the vote on this resolution was as follows: Sean Mitchell, Chair AYE Frannie Hutchinson, Vice -Chair AYE Chris Dzadovsky, Commissioner AYE Linda Bartz, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 16th day of August 2022. Resolution No. 2022-145 MNSP-4202226375 Page 5 03714050.v 1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIR ATTEST: APPROVED AS TO FORM AND GORRECTNESS: r -cY C ERp PUTY CLK �ps� �'P!i COUNTY A o s� m CO, )'V il0*-'%0 Resolution No. 2022-145 MNSP-4202226375 Page 6 03714050.vl Exhibit "A" Location Map PGA 126042 Resolution No. 2022-145 MNSP-4202226375 Page 7 O3714050A Exhibit "B" Major Site Plan ofw LEY oe� LEML VESORMM r aar�am I II I ��Ii S?ELd97A 4WO64CW7Y1 AL 4 DRAfA (3ES7AIMDVr LOG47TONAW _ AWOR fM7RrAfA1FMAL STAIMFA? SIrf PLAN •._•_•• Scale: 1' = 1OW-0' r..nn Resolution No. 2022-145 MNSP-4202226375 Page 8 03714050.v 1 Exhibit "C" Certificate of Capacity St Lucie County Certificate of Capacity Date 91912022 Certificate No. 3195 This do4cument certifiers that concurrency will be met and that adequate public facility capacity exists to maiuntain'the standards to levels of service as adapted In the St Lucie County Comarehernsive Plan for, 1. Type of development Final (Major) Planned Unit Development Number of units 99 dumber of square feet 2. !Property legal description & Tax ID no. 3327-05-0002-00018 & 3327-708-0002.-010/3 8563 S. eumiuerec Ccnler Drive, Port St. Lur.Je Mcritagc Homes Azalea PUD Mc-rilagc Homes Azalea 3, Approval: Building Resolution No. 2022-145 Latter `t16'24122 4. Subject to the follGwitkg conditions for concurrency: Conditions outlined witliiti ltcsoluti4u, '2022-145 Owner's narne Merita0e Hones of Florida, Inc. Address 1400 Centre Part; Boulevard, Suite 1000 West Pala. Beach FL 33401 6.. Certificate Expiration !Date This Certificate of capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying develoa;pment arclorl9sued with this Certifio.ste, or for subsequent developme , rdsr� . s 1e for the same property, use and size att described herein. Signed '� Date, 9/9/2022 % f Planning and Development Services Director St Lucie County, Florida Resolution No. 2022-145 MNSP-4202226375 Page 9 03714050.v 1