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Home My WebLink AboutPDS-23-021 - Creekside PUDMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5199946 06/01/2023 04:14:54 PM OR BOOK 4998 PAGE 1374 - 1379 Doc Type: ORD RECORDING: $52.50 PDS ORDER 2023-021 File Number: MNSP-2210-000049 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 CREEKSIDE, 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 Creekside Planned Unit Development (PUD), reviewed the comments from the Development Review Committee, and has made the following determinations: Lucido & Associates, on behalf of D.R. Horton Inc., submitted an application for a Minor Adjustment to the approved Creekside PUD to construct a 9,260 square foot Amenity Center to include a pool, outdoor play area, gazebo, tennis/pickleball court, and an indoor event space. The subject property is located on the south side of Okeechobee Road (SR 70), '/z mile west of the Florida Turnpike, as more particularly described in Part "B" below and depicted in Exhibit "A". 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 November 15, 2004, the Board of County Commissioners granted approval for Preliminary Planned Development (PUD) for Creekside Subdivision (Resolution 04-129). 4. On October 4, 2005, the Board of County Commissioners granted Final Planned Unit Development which consists of 800-unit residential subdivision (443 single-family units, 337 townhouse units), a 5.5-acre commercial/residential area and a 5.1-public park (Resolution 05-154). 5. On February 6, 2006, the Planning and Development Services Director approved Minor Adjustment #1, transfer of 10 units from Parcel F to Parcel B (Letter). 6. On February 8, 2006, the Planning and Development Services Director approved Minor Adjustment #2, transfer of 10 units from Parcel F to Parcel B (Letter). 7. On July 31, 2006, the Planning and Development Services Director approved Minor Adjustment #3, to allow the location of entry walls, towner amenity and corner walls (Letter). 8. On November 15, 2006, Creekside Plat No. 1 recorded in public records. 9. On February 13, 2007, the Board of County Commissioners approved Creekside Plat No. 2 Final Plat. 10. On April 15, 2014, the Board of County Commissioners approved the replat of Creekside Plat No. 2 to be known as Creekside Plat No. 3. Page 1 PDS No. 2023-021 File No.: MNSP-2210-000049 11. On March 31, 2017, the Planning and Development Services Director approved Adjustment #5, amending Parcel A landscape plan and entry/perimeter wall (PDS Order 17-013). 12. On June 4, 2019, the Board of County Commissioners granted approval for the replat of Creekside Plat No. 5 consisting of 129 single-family lots. 13. On December 1, 2020, the Planning and Development Services Director approved PDS Order 2020-080, a Minor Adjustment to construct a temporary community sales center with a model home located on Lots 62 and 63 of Parcel B (Plat No. 4). 14. 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 Creekside PUD Amenity Center (MNSP-2210-000049) - Minor Adjustment to the Creekside PUD Site Plan, dated May 18, 2023. 15. 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 public health, safety, and general welfare. 16. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through tower 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 11.02.03 of the St. Lucie County Land Development Code, the Minor Adjustment is hereby approved as shown on the drawing prepared by Lucido & Associates, resubmittal dated March 8, 2023, for the property described in Part "B" below, subject to the following conditions: Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a 100% gopher tortoise survey conducted by a state certified gopher tortoise agent may be required per Florida Fish and Wildlife Conservation Commission (FWC) protocol. 2. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. 3. A future sidewalk or multiuse path to connect residents to the future commercial shall be addressed with a future commercial development plan. 4. Prior to any final plat approvals for residential development within the Creekside PUD (excluding a master tract plat), the development will be required to abide by the terms and conditions of the originally approved PUD, including but not limited to restoration and planting requirements associated with the flow way marsh/oxbow restoration and pedestrian connections detailed within Phase I of the original approval. Page 2 PDS No. 2023-021 File No.: MNSP-2210-000049 5. A Site Development Permit is required prior to performing site improvement activities. In accordance with the permit and Land Development Regulations, the applicant shall retain the FOR for site inspections and final certification. B. The property on which this Minor Adjustment for Creekside PUD, is being granted is described as follows: TRACT THAT PART OF THE NORTHWEST 1/4 OF SECTION 26 LYING SOUTH OF STATE ROAD #70 AND NORTH OF TEN MILE CREEK; THAT PART OF THE EAST 1/2 AND THE SOUTHWEST 1/4 OF SECTION 27 LYING SOUTH OF STATE ROAD #70 AND NORTH OF TEN MILE CREEK; ALL IN TOWNSHIP 35 SOUTH, RANGE 39 EAST, IN ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPTING THEREFROM: TRACT RA-1, CREEKSIDE PLAT NO. 4, AS RECORDED IN PLAT BOOK 85, PAGE 5, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA/ CONTAINING 4.13 ACRES, MORE OR LESS. Parcel ID #: 2327-502-0007-000-0 Address: 3175 Yorktown Drive, Fort Pierce, FL C. This administrative order shall expire after twenty-four (24) months from the effective date unless a building permit is issued, 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 to the Planned Unit Development, the developer 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, the St. Lucie County Environmental Resources, Public Works, and Building Departments, and the St. Lucie County Fire District 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 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. 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 Page 3 PDS No. 2023-021 File No.: MNSP-2210-000049 application. G. The conditions set forth in Part "A" are an integral non -severable part of the site plan approval 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, the site plan approval granted by this order shall become null and void. H. The development scope within this Adjustment is not anticipated to create additional impacts on public facilities or services therefore has been determined to be exempt from the requirements of Chapter V, Adequate Public Facilities, (LDC Section 5.03.02 B. 6.), because they do not create additional impacts on public facilities or services. A Certificate of Capacity Exemption, attached herein as "Exhibit B" shall be valid for the period of this Order. I. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the))Wdayub of A'!* 2023. PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Benja'MrBalcer, AICP APPROVED AS TO FOR AND CORREbTNESS AD Page 4 County Attorney PDS No. 2023-021 File No.: MNSP-2210-000049 EXHIBIT "A" (Approved Site Plan) s WWIN ®+iiiiia J I I rr r.ci a±,l t Jjls� Page 5 PDS No. 2023-021 File No.: MNSP-2210-000049 EXHIBIT "B" (Certificate of Capacity Exemption) St Lucie County Certificate of Capacity Exemption Date 5/22/2023 Certificate No. 7124 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie Countv Comprehensive Plan for: 1. Type of development Minor Adjustment to th! C:reeksida PUD Site Plari Number of units Number of square feet 9,260 2. Property legal description & Tax ID no. 2327.502-0007-000-0 3 175 Yorktown Dr t'ojt Pierce, F1. 349•15 Croeksidc Amenity Center 3. Approval: Building 4, As part of the development: 5. On property owned by D.R. Ilorton, Inc. 1430 Culver Drive NE Palm Bay FI. 32"7 Resolution No. 2023-021 Letter Is hereby granted a Certificate of Capacity Exemption according to the following Chapter(s) of the St. Lucie County Land Development Code: U 6.03.02(A) ❑ 6.03.02(8)1 ❑ 6.03.02(BI2 Li 6.03.02(8)3 r-1 6,03.021 B)4 I❑ 5.03.02(8)5 5.03.02(8)6 ❑ 6.03.04(A) l 1 5,03.04(A)2 ❑ 6.03A4{AI3 U 6.03.04(B)1 Ci 5.03,04(8)2 IJ 5.03.04(9)3 ❑ 6,03,0416)4 6. Certificate Expiration Date 5,,21'2025 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 development orderissued with this certificate, or for subsequent developno stj is r the same property, use and size as described ,herein. me Signed '�/ Date: 5MI2023 �ning and Development Services Director St Lucie County, Florida Page 6 PDS No. 2023-021 File No.: MNSP-2210-000049