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Home My WebLink AboutPDS-23-003 - Waterstone PUDPDS ORDER 2023-003 File Number: SPMn-6201925561 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR ADJUSTMENT TO THE PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS WATERSTONE PUD, FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Adjustment to the Planned Unit Development for Waterstone PUD, reviewed the comments from the Development Review Committee, and has made the following determinations: Matthew Markofsky of Waterstone Holding Investments, LLC, Adams Homes of Northwest Florida Inc., and K Hovnanian Aspire at Waterstone LLC, are requesting a Minor Adjustment to the approved Waterstone Planned Unit Development (PUD). The request includes a sales center for the Adams Homes single-family and multi -family homes, K. Hovnanian single-family sales center, Waterstone Community communication building, mailbox kiosks, two (2) handicapped parking spaces in front of the Waterstone recreational area, a pickleball court to replace the planned basketball court, and a Waterstone Townhomes Homeowners Association cabana and swimming pool. The project is located on Waterstone Boulevard (NE Corner of Emerson Avenue & Indrio Road, roughly 1,300 ft. north of the intersection), as more particularly described in Part "B" below. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet the standards of review as set forth in Section 11.02.07 of the St. Lucie County Land Development Code, and found it to meet technical requirements and to be consistent with the general purpose, goals, and objectives, of the St. Lucie County Comprehensive Plan. 3. On December 2, 2003, the Board of County Commissioners (BOCC) granted Resolution 03-240, approving the 720-unit residential project known as the Waterstone PUD (FKA Emerson Estates) consisting of 544 Single-family Lots and 176 Multiple -family units. 4 5 6 7 8 On February 7, 2006, the BOCC approved Waterstone Phase One Plat consisting of 189 lots. On May 17, 2006, the Board of County Commissioners approved Ordinance No. 06-016 establishing the Waterstone Community Development District. On April 7, 2008, the BOCC approved Waterstone Phase Two Plat consisting of 44 lots. On December 15, 2020, the BOCC approved Waterstone Phase Three Plat consisting of 261 lots. On June 1, 2022, the BOCC approved Waterstone Phase Four Plat containing 152 townhome lots. MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5155538 02/16/2023 03:49:42 PM DR BOOK 4951 PAGE 701 - 705 Doc Type: ORD Page 1 RECORDING: $44.00 PDS No. 2023-003 File No.: SPMn-6201925561 9. On November 15, 2022, the BOCC approved Waterstone Phase Five Plat containing 74 single-family lots. 10. 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 Department memorandum titled Waterstone PUD — Minor Adjustment to the Planned Unit Development Site Plan (SPMn- 6201925561), dated January 23, 2023. 11. The proposed 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. 12. 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 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 Site Plan is hereby approved as shown on the drawings prepared by Stephen Cooper, P.E. & Associates, Inc., Caulfied & Wheeler, Inc., Atlantic Land Designs, and Design and Entitlement Consultants, LLC., for the property described in Part "B" below, subject to the following conditions: Environmental Resources Department: 1. Within ninety (90) days of approval of the minor adjustment, all Category I listed invasive plant species shall be eradicated from the site in accordance with Land Development Code 7.09.05. 2. Prior to issuance of a Certificate of Occupancy, an updated landscape plan shall be provided detailing the proposed modification to the sales center and supporting parking lot per Land Development Code 7.09.00. Planning & Development Services Department: 3. Temporary flags and/or banners may be erected on a temporary basis upon issuance of a permit in accordance with Section 9.01.02.C. 4. No overnight parking of construction vehicles or storing construction equipment within the sales center parking lot or the driveway is permitted. 5. The temporary community sales centers shall be removed within five (5) years and/or shall be phased out within one (1) year of eighty-five percent (85%) buildout of the respective single-family and townhome lots. Page 2 PDS No. 2023-003 File No.: SPMn-6201925561 B. The property on which this Minor Adjustment to the Waterstone PUD, is being granted is described as follows: a) Lot 39, Block 2, Waterstone - Phase One, according to the Plat thereof, as recorded in Plat Book 52, at Page 35, of the Public Records of St. Lucie County, Florida. b) Lot 40, Block 2, Waterstone - Phase One, according to the Plat thereof, as recorded in Plat Book 52, at Page 35, of the Public Records of St. Lucie County, Florida. c) Lot 20, Block 4, Waterstone - Phase One, according to the Plat thereof, as recorded in Plat Book 52, at Page 35, of the Public Records of St. Lucie County, Florida. d) Lot 19, Block 4, Waterstone - Phase One, according to the Plat thereof, as recorded in Plat Book 52, at Page 35, of the Public Records of St. Lucie County, Florida. e) Lot 21, Block 4, Waterstone - Phase One, according to the Plat thereof, as recorded in Plat Book 52, at Page 35, of the Public Records of St. Lucie County, Florida. f) Lot 1, Block 3, Waterstone - Phase One, according to the Plat thereof, as recorded in Plat Book 52, at Page 35, of the Public Records of St. Lucie County, Florida. g) Lot 2, Block 3, Waterstone - Phase One, according to the Plat thereof, as recorded in Plat Book 52, at Page 35, of the Public Records of St. Lucie County, Florida. h) PARCEL R-1, Waterstone- Phase One, according to the Plat thereof, as recorded in Plat Book 52, at Page 35, of the Public Records of St. Lucie County, Florida. i) PARCEL R-2, Waterstone - Phase One, according to the Plat thereof, as recorded in Plat Book 52, at Page 35, of the Public Records of St. Lucie County, Florida. Parcels ID Numbers Affected: 1311-700-0030-000-6, 1311-700-0031-000-3, 1311- 700-0224-000-3, 1311-700-0223-000-6, 1311-700-0222-000-9, 1311-700-0144-000-8, 1311-700-0143-000-1, 1311-700-0145-000-5, 1311-700-0146-000-2. SAID LAND WITHIN THE WATERSTONE PUD, PHASE ONE - FIVE PLATS, OVERALL CONTAINING 240 ACRES MORE OR LESS. C. This Administrative Order shall be valid for the term of the Planned Unit Development approval order. D. The developer, including any successors in interest, is advised as part of this Minor Adjustment to the Planned Unit Development, the developer shall obtain all applicable development permits and construction authorizations from the appropriate state, federal, and local regulatory Page 3 PDS No. 2023-003 File No.: SPMn-6201925561 agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, South Florida Water Management District, 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 a 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 a 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. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part "A" above, all such appeals must be filled in writing with the County Administrator within thirty (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 shall be attached to the site plan drawings, which shall be placed on file with the St. Lucie County Planning and Development Services Department and copies 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 approvals to the existing PUD Site Plan approval for the Waterstone PUD granted by this Order. 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, unless otherwise amended in accord with the provisions of the St. Lucie County Land Development Code, the Minor Adjustment approvals authorized through this Order, to the existing, approved PUD Site Plan for Waterstone shall become null and void, and any construction or development activity completed pursuant to this order shall be required to revert to the previously approved condition. H. The Certificate of Capacity, authorized through Resolution 03-240, shall continue to govern the area described in Part "B" above, and shall remain subject to the conditions and restrictions set forth in Resolution 03-240. Page 4 PDS No. 2023-003 File No.: SPMn-6201925561 I. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 2 L' day of Jcmut - , 2023. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS County Attorney Page 5 PDS No. 2023-003 File No.: SPMn-6201925561