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HomeMy WebLinkAboutPDS-23-076 - Morningside PUD fka Palm Breezes Club PUDWHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Adjustment to the Final PUD Site Plan and reviewed the comments of the Development Review Committee and has made the following determinations: Design and Entitlement Consultants, LLC. on behalf of D.R. Horton requested a Min Adjustment to the Final PUD Site Plan to add a temporary model sales office, parki area and landscape buffer on lots 124, 125 and 126. The subject 151 .6-ac development is located approximately %mile east of the Florida Turnpike, on the no side of Orange Avenue and is zoned PUD, Planned Unit Development. 2On July 21, 1998, the Board of County Commissioners (BOCC) through Resolution 98- 144 granted Final Site Plan approval for Phase 1 and a Re -Zoning to MHP, Manufactured Home Park, for the project known as Palm Breezes Club — MHP/Planned Unit Development Final Phase 1. 3. On July 18, 2000, the BOCC through Resolution 00-122 denied a 12-month site plan extension for the Final Development Site Plan known as Palm Breezes Club — MHP/Planned Unit Development Final Phase 1. 4. On January 15, 2002, the BOCC through Resolution 02-025 granted approval for a Preliminary PUD Site Plan and Rezoning to PUD for a project to be known as Palm Breezes Club PUD. A 6. On April 20, 2004, the BOCC through Resolution 04-082 granted Final PUD Site Plan approval for Palm Breezes Club PUD, consisting of 646 single family residential lots in 3 phases. 7. On August 25, 2005, the BOCC approved the Plat for Phase 1 known as Palm Breezes Club, & On December 19, 2005, an administrative approval for a Minor Adjustment to the Final PUD Site Plan was granted to decrease the number of single-family residential lots from 646 to 634. O�M'171 It 11040111 INE? I l�i 11111 11 wIi I C.-M• rd m I a I gym. W Lo I In. 10 1 (-.10 a 1*11 R to Ty, I rfA Ml Uj M Fffl M a i F-4 a I No tog 4 11 Z!, I* RE I Fs I 115111 W• OOKEWSM, MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY t PDS 2023-076 File No. PDMN-2304-000013 FILE # 525 7654 '10/2012023 10:00:44 AM OR BOOK 5060 PAGE '1508 - 1514 D(x,' I'Ype� ORD Page 1 of 7 RECORDING: $61.00 PDS ORDER 2023-076 FILE NO.: PDMN-2304000013 AN ORDER GRANTING A MINOR ADJUSTMENT TO THE APPROVED FINAL PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN FOR THE PROJECT KNOWN AS MORNINGSIDE PUD (F/K/A PALM BREEZES CLUB PUD). WHEREAS,the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Adjustment to the Final PUD Site Plan and reviewed the comments of the Development Review Committee and has made the following determinations: 1. Design and Entitlement Consultants, LLC. on behalf of D.R. Horton requested a Minor Adjustment to the Final PUD Site Plan to add a temporary model sales office, parking area and landscape buffer on lots 124, 125 and 126. The subject 151.6-acre development is located approximately % mile east of the Florida Turnpike, on the north side of Orange Avenue and is zoned PUD, Planned Unit Development. 2. On July 21, 1998, the Board of County Commissioners (BOCC) through Resolution 98- 144 granted Final Site Plan approval for Phase 1 and a Re-Zoning to MHP, Manufactured Home Park, for the project known as Palm Breezes Club — MHP/Planned Unit Development Final Phase 1. 3. On July 18, 2000, the BOCC through Resolution 00-122 denied a 12-month site plan extension for the Final Development Site Plan known as Palm Breezes Club — MHP/Planned Unit Development Final Phase 1. 4. On January 15, 2002, the BOCC through Resolution 02-025 granted approval for a Preliminary PUD Site Plan and Rezoning to PUD for a project to be known as Palm Breezes Club PUD. 5. On January 20, 2004,the BOCC through Resolution 04-007 granted a 12-month site plan extension for the Palm Breezes Club Preliminary PUD Site Plan. 6. On April 20, 2004, the BOCC through Resolution 04-082 granted Final PUD Site Plan approval for Palm Breezes Club PUD, consisting of 646 single family residential lots in 3 phases. 7. On August 25, 2005, the BOCC approved the Plat for Phase 1 known as Palm Breezes Club. 8. On December 19, 2005, an administrative approval for a Minor Adjustment to the Final PUD Site Plan was granted to decrease the number of single-family residential lots from 646 to 634. 9. On July 2, 2007, the BOCC approved the Plat for Phase 2 known as Palm Breezes Club. 10. On February 3, 2010, an administrative approval for a Minor Adjustment to the Final PUD Site Plan was granted to provide ADA improvements to the guardhouse. Phase 2 was File No. PDMN-2304-000013 PDS 2023-076 Page 1 of 7 divided into Phase 2A and 2B for permitting and marketing purposes. 11. On February 17, 2012, an administrative approval for a Minor Adjustment to the Final PUD was granted to add a driveway apron on the west side of Palm Breezes Drive near the entrance of the development to allow the adjacent west residential property owner future driveway access. 12. On October 2, 2012, the BOCC through Resolution No. 12-167 vacated and abandoned Phase 2 of the Plat known as Palm Breezes Club. 13. On November 18, 2015, Planning &Development Services Director approved PDS Order 15-037, granting a Minor Adjustment to the Final PUD to reconfigure the single family lots in the next development phase to feature a consistent 50' lot width, break Phase 2A into smaller subphases, provide a new model sales center location, and add an alternative emergency access to the entrance of the community. 14. On December 4, 2018, the BOCC approved the Morningside PUD (FKA Palm Breezes Club) Phase 2A Plat (Replat) consisting of 126 Single-Family Lots, which was later recorded, as reflected in PB 79, Pages 20-22. 15. On June 29, 2022, the Planning and Development Services Director approved PDS Order 2022-023, granting a Minor Adjustment to the Final PUD Site Plan, to modify the lots in Phase 2B and Phase 3 to a minimum 50 ft. width, to better suit their home designs, affirming a 114-lot total for Phase 2B and divide Phase 3 into (2) two subphases; 3A and 3B containing 35 and 124 lots respectively. 16. The Development Review Committee has reviewed the Minor Adjustment to the proposed project pursuant to the Land Development Code (LDC), Section 11.02.05(E) and found it to meet technical requirements and to be consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan. Planning staff has 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 is found in the Planning and Development Services combined memorandum titled Minor Adjustment to Final PUD Site Plan - Morningside PUD (PDMN-2306-000016) and Morningside Phase 2A Sales Center(PDMN-2304-000013) dated October 6, 2023. 17. The project will not have an undue adverse effect on adjacent property, the character of the neighborhood,traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 18. 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. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 11.02.05(E) of the St. Lucie County Land Development Code, the Minor Adjustment is hereby approved as shown on the drawing dated October 1, 2015 with revisions through August 18, 2023, by Design and Entitlement Consultants, LLC,date stamped by the Planning & Development Services Department on September 13, 2023, File No. PDMN-2304-000013 PDS 2023-076 Page 2 of 7 as depicted in Exhibit A, for the property described in Paragraph B below, subject to the following conditions: 1. The emergency access adjacent to the main project entrance will be constructed within 120 days of this Minor Adjustment approval, however the St. Lucie County Fire District may grant up to two (2) 60 day extensions upon written request. The access area shall be dedicated to the Homeowner's Association or similar for perpetual maintenance. (Completed) 2. The 3.49-acre "Commercial Outparcel" remains subject to the original PUD Site Plan guidelines and use limitations in LDC Section 7.01.02. B. 3. A Final Plat, in accordance with LDC Section 11.03.00, is required for the remaining project phases. 4. Phases 2B, 3A & 3B shall adhere to the clarified front setbacks detailed in the Adjusted Site Plan exhibit. Future redevelopment or structure replacement in prior phases shall adhere to the clarified standard unless demonstrated that the replacement complies with the original Final PUD Approval and the clarified standard would otherwise cause a substantial hardship. 5. Prior to plat approval, the southwestern preserve's perimeter abutting lots sixteen pcovisione-Gutlined-i-n-the-a-ppreeeel-Preserve-Area-M-cnitcring-en El-Management (Completed) 6. 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 vegetation removal permit or exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. (New) 7. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants shall be eradicated from the site. (New) B. The property on which this Minor Adjustment to Final PUD Site Plan approval is being granted is described as follows: SITE LEGAL DESCRIPTION: THE NORTH 1/2 OF THE NORTHEAST 1/4; THE NORTH 1/2 OF THE NORTHWEST 1/4 LYING EAST OF EASTERLY RIGHT-OF-WAY OF FLORIDA SUNSHINE STATE PARKWAY AND THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, EXCEPT THEREFROM THE FOLLOWING: FROM THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 RUN NORTH ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4 42.50 FEET, MORE OR LESS, TO THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER DRAINAGE CANAL NO.45 FOR POINT OF BEGINNING; THENCE CONTINUE NORTH ALONG SAID WEST LINE A DISTANCE OF 465.00 FEET TO A POINT; THENCE RUN EAST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4, 793.80 FEET; THENCE RUN SOUTH File No. PDMN-2304-000013 PDS 2023-076 Page 3of7 PARALLEL WITH AFOREMENTIONED WEST LINE 465.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID CANAL NO. 45: THENCE RUN WEST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 793.80 FEET TO THE POINT OF BEGINNING. FURTHER EXCEPTING THE SOUTH 42.50 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, THE NORTH 41.00 FEET OF THE EAST 3/4 OF SAID SECTION 10. THE NORTH 39.50 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE EAST 48.50 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID LANDS. ALL LYING IN SECTION 10, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY. FLORIDA. TOGETHER WITH: ALL THAT CERTAIN LANDS LYING IN ST. LUCIE COUNTY, FLORIDA; LOCATED IN SECTION 10, TOWNSHIP 35 SOUTH, RANGE 39 EAST; SITUATED AND LYING EASTERLY OF FLORIDA'S TURNPIKE (STATE ROAD 91)AS PER SUNSHINE STATE PARKWAY RIGHT-OF-WAY MAP STATION 140+00 TO STATION 202+38.70. ST. LUCIE COUNTY, CONTRACT 7.1, SHEET 3 OF 5 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A WOODEN HUB MARKING THE CENTER OF SAID SECTION 10, THENCE NORTH 00 15'41" EAST ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, A DISTANCE OF 1,333.21 FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2' OF THE NORTHWEST 1/4 OF SECTION 10; THENCE NORTH 89 35'21" WEST ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10, A DISTANCE OF 311.05 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, FOR A POINT OF BEGINNING, THENCE CONTINUE NORTH 89 35'21"WEST ALONG SAID NORTH LINE, A DISTANCE OF 954.07 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF FLORIDA'S TURNPIKE (STATE ROAD 91), THENCE SOUTH 14 33'00"EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1,238.80 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY NORTH 89 39'22" EAST, A DISTANCE OF 15.42 FEET; THENCE NORTH 00 15'17" EAST, A DISTANCE OF 696.62 FEET; THENCE SOUTH 89 35'21" EAST, A DISTANCE OF 622.06 FEET TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 15'33" EAST, ALONG SAID EAST LINE A DISTANCE OF 500.00 FEET TO THE POINT OF BEGINNING. RESERVING ALL RIGHTS OF INGRESS, EGRESS, LIGHT,AIR,AND VIEW BETWEEN THE ABOVE-DESCRIBED PARCEL AND FLORIDA'S TURNPIKE (STATE ROAD 91) SAID SITE CONTAINING 151.66 ACRES, MORE OR LESS. C. This Minor Adjustment to Final PUD Site Plan shall expire 12 months from approval, unless a site development permit is issued, or an extension is granted in accordance with the provisions of LDC Section 11.02.06. The final development phase shall be completed within ten (10) years of the date of this approval. D. The developer is advised as part of this Minor Adjustment approval for Renar Homes LLC, including any successors in interest, the developer shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local File No. PDMN-2304-000013 PDS 2023-076 Page 4 of 7 regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and 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 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. A copy of this Minor Adjustment to Final PUD Site Plan shall be placed on file with the St. Lucie County Planning and Development Services Department. F. The original Certificate Capacity for the Morningside Final PUD Site Plan shall be and remain valid for the approved period granted by this Order. G. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the '�I'w day of 0 C.1O , 2023. PLANNING AND DEVELOPMENT SERVICES ST. 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