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RESOLUTION NO. 10-028
FILE NO.: PTV 820094001
A RESOLUTION GRANTING AN AMENDMENT TO THE OFFICIAL ZONING
ATLAS AND PRELIMINARY PLANNED TOWN OR VILLAGE SITE PLAN
APPROVAL FORA 134.6 ACRE (MORE OR LESS) PARCEL OF LAND
LOCATED ON THE NORTHWEST CORNER OF JOHNSTON ROAD AND
SFWMD CANAL NO. 25, WHICH WOULD PERMIT 396 SINGLE FAMILY
DWELLING UNITS, 304 MULTI-FAMILY DWELLING UNITS AND 2000
SQUARE FEET OF RETAIL FOR THE PROJECT KNOWN AS VILLAGE OF
SUNSET LAKES, MAKING FINDINGS OF FACT AND DETERMINING
CONCLUSIONS OF LAW.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
Ricardo Munoz-Tebar of Sunset Lakes of St. Lucie, LLC, through Ramon Trias of Trias
& Associates, agent, presented a petition for a Change in Zoning from the AG-1
(Agricultural - 1, 1 du/acre) Zoning District to the PTV (Planned Town or Village) Zoning
District and Preliminary Planned Town or Village Site Plan approval for the project to be
known as Village of Sunset Lakes, amixed-use subdivision of 134.6 acres consisting of
700 dwelling units and 2,000 square feet of retail development. The property is located
on the northwest corner of Johnston Road and SFWMD Canal No. 25.
2. On November 19, 2009, a public hearing by the St. Lucie County Planning and Zoning
Commission was held, of which due public notice was published and mailed to all
property owners within 500 feet of the subject property at least 10 days prior to the
hearing. The hearing was continued to February 18, 2010.
3. On February 18, 2010, the St. Lucie County Planning and Zoning Commission resumed
the public hearing on the Preliminary Planned Town or Village for Village of Sunset
Lakes and recommended to the Board of County Commissioners that the preliminary
site plan and change in zoning be approved.
4. On May 18, 2010, the Board of County Commissioners of St. Lucie County, Florida, held
a public hearing, of which due public notice was published and mailed to all property
owners within 500 feet of the subject property at least 10 days prior to the hearing, on
the Preliminary Planned Town or Village Site Plan and change in zoning for the project
known as Village of Sunset Lakes. After hearing and considering testimony on the
proposed development order, the Board continued the public hearing to June 15, 2010.
5. On June 15, 2010, the Board of County Commissioners of St. Lucie County, Florida,
resumed the public hearing on the Preliminary Planned Town or Village Site Plan and
change in zoning for the project known as Village of Sunset Lakes, and heard and
considered additional testimony on the proposed development order.
File No.: PTV 820094001
8/10/2010
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3506760 08/23/2010 at 04:17 PM
OR BOOK 3223 PAGE 1030 - 1038 Doc Type: RESO
RECORDING: $78.00
Resolution 10-028 Final.docx
Page 1
FINDINGS OF FACT
2
Based on the evidence presented and also based upon the inclusion of the conditions of
approval as set forth below in this resolution, the Board of County Commissioners finds as
follows:
A. The proposed project is consistent with the goals, objectives and policies of the Future
Land Use Element of the St. Lucie County Comprehensive Plan, and meets the
technical requirements of the St. Lucie County Land Development Code.
B. The proposed project will not have an undue adverse effect on adjacent property, the
character of the neighborhood, and other matters affecting the public health, safety,
and general welfare.
C. All reasonable steps have been taken to minimize any adverse effect on the proposed
project on the immediate vicinity through building design, site design, landscaping and
screening.
D. The proposed project is constructed, arranged and operated so as not to interfere with
the development and use of neighboring property, in accordance with applicable district
regulations.
CONCLUSIONS OF LAW
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida, having made the findings of fact set forth above, makes the following
conclusions of law:
A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the
Preliminary Planned Town or Village known as Village of Sunset Lakes, as depicted on
the site plan drawings for the project prepared by Trias & Associates, last revised on
May 26, 2010 and date stamped received by St. Lucie County Planning and
Development Services on June 22, 2010, is hereby approved subject to the following
conditions:
1) Within 90 days after receiving final site plan approval, the applicant shall convey the
required road right-of-way for Johnston Road. Manner and form of conveyance shall
be acceptable to the County Attorney. The sketch and legal description shall be
prepared by a Florida licensed surveyor and mapper. Pursuant to Chapter 7.05.03 of
the St. Lucie County Land Development Code, the applicant may be granted credits
against road impact fees.
2) Prior to recording the Final Plat, the applicant shall either construct or bond all
improvements required by the Final Site Plan. If the applicant chooses to bond the
required improvements, an Improvement Agreement, pursuant to Section 11.04,
Land Development Code, shall be required. The Final Plat shall not be recorded until
the BOCC approves the Improvement Agreement.
3) Prior to the issuance of a right-of-way permit, the applicant shall execute a Road
Improvement Agreement with St. Lucie County and submit a surety for the proposed
public improvements. The amount of surety shall be 115% of the engineer's estimate
File No.: PN 820094001
8/10/2010
Resolution 10-028 Final.docx
Page 2
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of probable cost. The amount of surety shall be approved by the County Engineer
and the form of surety shall be approved by the County Attorney. A copy of the
standard "Agreement" can be obtained by visiting the St. Lucie County Public Works
Department website at: http://www.stlucieco.gov/public works/index.htm.
4) Prior to the recording of the final plat, the County Surveyor shall verify that all
required survey markers have been placed in accordance with the requirements of
Chapter 177, FS, Part I and the St. Lucie County Land Development Code. The
applicant's surveyor shall notify the County Surveyor when all required survey
markers have been set and flagged.
5) Prior to Final PTV site plan approval, the applicant shall amend the eastern project
boundary to avoid encroaching into the ultimate right-of-way line of Johnston Road.
Right and left turn lanes will be required at each project entrance subject to possible
design constraints.
6) Prior to Final PTV site plan approval, a limited access easement will be placed on all
lots that front Johnston Road. Public Works staff reserves the right to make
additional comments or conditions at Final PTV to ensure the proper functioning and
maintenance of the proposed roadway network.
7) Prior to Final PTV site plan approval, apre-design Meeting with the FPUA Water,
Wastewater and Gas Engineering Department will be required.
8) Prior to Final PTV site plan approval, the applicant shall demonstrate that the
proposed flow way will be consistent with the requirements of the TVC and meet all
requirements of the South Florida Water Management District, St. Lucie County and
other regulatory agency requirements.
9) Prior to Final Site Plan approval and the issuance of a Certificate of Capacity, the
applicant shall comply with the concurrency management rules in effect at the time of
Final Site Plan approval and shall enter into proportionate fair share agreements as
warranted. Payment of the proportionate fair share, if any, shall be made prior to
recording the Final Plat. The applicant will be required to contribute their
proportionate fair share for impacts to the Kings Highway and Angle Road
intersection. The applicant shall receive road impact fee credit or fair share mitigation
in accordance with applicable codes.
10) Prior to Final PTV site plan approval and the issuance of a Certificate of Capacity,
the applicant shall revise the traffic study to include the following:
a) only one ITE land use for the calculation of daily AM and PM peak hour trips;
b) an assessment of the impacts of project traffic on the intersection of Kings
Highway and Orange Avenue and mitigation measures for these impacts; and
c) a graphic depiction of the project's turning movement trips at all intersections in
the study area.
11) Prior to Final Site Plan approval and the issuance of a Certificate of Capacity, the
applicant shall revise the traffic study to include a signal warrant analysis at the
Johnston Road and Angle Road intersection incorporating traffic from approved
development and build-out traffic.
File No.: PN 820094001
8/10/2010
Resolution 10-028 Final.docx
Page 3
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a) If signalization is required, then prior to recording the Final Plat the developer
shall design and construct the signalization improvements in accordance with
FDOT and County standards. The applicant shall receive road impact fee credit
for the cost to design and construct the signalization improvements that are in
excess of those necessitated by the development.
b) If signalization is not warranted, the applicant shall provide a refundable fair
share contribution towards the cost of signalization improvements designed in
accordance with FDOT and County standards based on the project's traffic as a
percentage of the maximum traffic capacity of the intersection. The fair share
contribution shall be paid prior to recording the Final Record Plat and shall be
refunded to the applicant if not used for signalization improvements at this
intersection within 15 years of the payment.
12) if a special assessment district or similar funding mechanism is established by the
County for the reconstruction of Johnston Road between Angle Road and Indrio
Road, all Village of Sunset Lakes property owners shall be subject to such funding
mechanism and, pursuant to this condition, shall be deemed in favor of such funding
mechanism.
13) Prior to Final PTV site plan approval, the applicant shall submit a plan that
demonstrates how water for fire protection will be provided to the project site.
Adjustments to the preliminary site plan may be required to meet the requirements of
the St. Lucie County Fire District.
14) Prior to Final PTV site plan approval, the applicant shall submit the required
application materials and fees for site plan review to the St. Lucie County Fire
District.
15) Prior to Final PTV site plan approval, per Land Development Code 3.01.03EE.2.o.7,
the final Countryside Management Plan/Preserve Area Management Plan shall be
provided.
16) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
finalize an improvement agreement acceptable to Environmental Resources
Department (ERD) covering the cost to purchase and install all required landscaping,
irrigation, tree relocation, and related improvements shown in the approved
landscape plan. A copy of this agreement can be obtained by visiting the St. Lucie
County ERD website at: http://www.stlucieco.org/erd/index.htm.
17) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
have obtained and provided the Environmental Resources Department with copies of
any required federal and state permits, including but not limited to a US Fish and
Wildlife Service (FWS) Incidental Take Permit and associated F'WS-approved
Habitat Conservation Plan. If federal or state agency compliance requires
modification to the development plans, the applicant will promptly modify the plans
and submit to St. Lucie County for review and approval as required by the Land
Development Code. The applicant will not use the County's development approval to
prevent compliance with any federal or state agency requirements.
18) Within 90 days of site plan approval or prior to issuance of a Vegetation Removal
Permit or Exemption, whichever comes first, the applicant shall provide the required
File No.: PTV 820094001
8/10/2010
Resolution 10-028 Final.docx
Page 4
executed SLC (or SFWMD) conservation easement and the Environmental
Resources Department approved Countryside Management Plan with an attached
affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate
recording fees, to the County Attorney for review and approval. A copy of the
standard conservation easement document can be obtained by visiting the St. Lucie
County Environmental Resources Department website at:
http://www.stlucieco.org/Environmental Resources Department/index.htm.
19) Prior to Final PTV site plan approval, the applicant shall revise the site plan to
remove the 10,000 square feet of office use and replace with live/work units. The
uses on the final site plan shall be consistent with what is included in the
development order for the preliminary approval.
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20) The applicant shall work with each property owner on the west side of Johnston
Road that is bordered by the project to design a landscape buffer acceptable to each
party. For each property line of a party that does not mutually agree to a landscape
buffer design, then the applicant shall satisfy this condition by constructing an eight
(8) foot tall masonry wall five (5) feet from the property line between the project and
the subject property owners and include landscaping consistent with the
requirements of Section 7.09.04.E at the minimum.
21) Prior to issuance of any building permit, the applicant shall design and construct
improvements to Johnston Road south of the intersection of Indrio Road that provide
sufficient distance for queuing of traffic for turning movements onto Indrio Road in
accordance with a design approved by the County Engineer and the applicant. The
proposed improvements shall be constructed within the existing right of way and the
applicant shall not be required to acquire additional right of way in order to construct
the proposed improvements. The applicant shall receive road impact fee credit for
the cost to design and construct the approved improvements. The applicant shall
enter into an Improvement Agreement approved by the Board of County
Commissioners prior to Final Site Plan approval.
22) The Final PTV site plan shall follow, to the extent feasible, the LEED for
Neighborhood Development Rating System as approved by the U.S. Green Building
Council.
23) Prior to Final PTV approval, the applicant shall demonstrate that the stormwater
storage capacity within the proposed development exceeds the minimum
requirements of both FPFWCD and SFWMD. Further, the level of storm water
protection afforded the residents of the Village of Sunset Lakes through the extra
capacity provided shall be quantified prior to the issuance of the County's Storm
Water Permit.
B. The property on which this change in zoning and site plan approval is being granted is
described as follows:
ALL THAT PART OF THE FOLLOWING DESCRIBED LANDS LYING EAST OF
FLORIDA INTERSTATE 95 RIGHT OF WAY:
THE SOUTHWEST QUARTER (SW ~/a) AND THE NORTHWEST QUARTER (NW ~/4)
OF THE SOUTHEAST QUARTER (SE ~/a) AND THE SOUTH HALF (S 'h) OF THE
File No.: PN 820094001
8/10/2010
Resolution 10-028 Final.doCx
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SOUTHWEST QUARTER (SW ~/a) OF THE SOUTHEAST QUARTER (SE ~/a) ALL IN
SECTION 34, TOWNSHIP 34 SOUTH, RANGE 39 EAST, SAID LANDS SITUATE,
LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA.
SUBJECT TO EASEMENTS AND RIGHTS OF SOUTH FLORIDA WATER
MANAGEMENT DISTRICT AND FORT PIERCE FARMS DRAINAGE DISTRICT FOR
THE MAINTENANCE AND SUPPORT OF A CANAL SYSTEM OVER AND ACROSS
THE NORTH 80 FEET (DESIGNATED AS CANAL NO. 20) AND APPROXIMATELY
THE SOUTH 200 FEET (DESIGNATED AS CANAL NO. C-25), AND SUBJECT TO
GAS EASEMENTS TO HOUSTON GAS AND OIL COMPANY.
EXCEPTING THERE FROM THE EAST 40 FEET THEREOF AND ALSO
EXCEPTING THERE FROM:
A TRACT OR PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 34 SOUTH,
RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF
SECTION 34; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID SECTION A
DISTANCE OF 1325.70 FEET TO A POINT BEING THE SOUTHEAST CORNER OF
THE SOUTHWEST QUARTER (SW ~/a) OF THE SOUTHEAST QUARTER (SE ~/a) OF
SAID SECTION; THENCE NORTH A DISTANCE OF 2,364.55 FEET TO A POINT ON
THE SAID EAST QUARTER (SE ~/a) LINE OF SAID SECTION; THENCE WEST AT
AN ANGLE OF 89 DEGREES 58 MINUTES 20 SECONDS TO THE LEFT FROM
SAID EAST QUARTER (E ~/a) LINE A DISTANCE OF 663.01 FEET TO A POINT OF
AN ORANGE PLASTIC HUB STAMPED F7-C-1L DRIVEN FLUSH WITH THE
GROUND AND TACKED, SAID POINT BEING THE POINT OF BEGINNING. FROM
SAID POINT OF BEGINNING; THENCE RUN NORTH 89 DEGREES 06 MINUTES 26
SECONDS WEST, A DISTANCE OF 208.69 FEET TO A POINT OF AN ORANGE
PLASTIC HUB STAMPED F7-C-1M DRIVEN FLUSH WITH THE GROUND AND
TACKED, THENCE NORTH 01 DEGREE 46 MINUTES 42 SECONDS EAST, A
DISTANCE OF 208.72 FEET TO A POINT OF AN ORANGE PLASTIC HUB
STAMPED F7-C-1 N DRIVEN FLUSH WITH THE GROUND AND TACKED, SAID
POINT ALSO BEING THE INTERSECT WITH THE SOUTH RIGHT-OF-WAY LINE OF
CANAL NO. 20; THENCE SOUTH 89 DEGREES 05 MINUTES 50 SECONDS EAST
ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 206.89 FEET TO A
CONCRETE MONUMENT MARKED R/W L 205.2-FCD; THENCE SOUTH 01
DEGREE 16 MINUTES 59 SECONDS WEST A DISTANCE OF 208.64 FEET TO THE
POINT OF BEGINNING. SAID PARCEL DESIGNATED AS TRACT 102 OF
EASTERN TEST RANGE RECONFIGURATION.
AND SUBJECT TO AN EASEMENT OVER AND ACROSS THAT PARCEL OF LAND
DESCRIBED HEREIN, MORE PARTICULARLY DESCRIBED AS:
A TRACT OR PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 34 SOUTH,
RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF
SECTION 34; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID SECTION A
File No.: PN 820094001
8/10/2010
Resolution 10-028 Final.docx
Page 6
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DISTANCE OF 1325.70 FEET TO A POINT BEING THE SOUTHEAST CORNER OF
THE SOUTHWEST QUARTER (SW ~/a) OF THE SOUTHEAST QUARTER (SE ~/a) OF
SAID SECTION; THENCE NORTH A DISTANCE OF 2,364.55 FEET TO A POINT ON
THE SAID EAST QUARTER (E Ya) LINE OF SAID SECTION; THENCE WEST AT AN
ANGLE OF 89 DEGREES 58 MINUTES 20 SECONDS TO THE LEFT FROM SAID
EAST QUARTER (E ~/a) LINE A DISTANCE OF 663.01 FEET TO A POINT OF AN
ORANGE PLASTIC HUB STAMPED F7-C-1 L DRIVEN FLUSH WITH THE GROUND
AND TACKED; THENCE NORTH 01 DEGREE 16 MINUTES 59 SECONDS EAST A
DISTANCE OF 208.64 FEET TO A CONCRETE MONUMENT MARKED R/W L205.2-
FCD, WHICH ON THE SOUTH RIGHT-OF-WAY OF CANAL NO. 20, SAID
MONUMENT BEING THE POINT OF BEGINNING. FROM THE POINT OF
BEGINNING RUN THENCE SOUTH 89 DEGREES 05 MINUTES 50 SECONDS EAST
ALONG THE SOUTH RIGHT-OF-WAY OF SAID CANAL NO. 20 A DISTANCE OF
620 FEET, MORE OR LESS, TO A POINT ON THE WESTERN RIGHT-OF-WAY OF
JOHNSTON ROAD; THENCE SOUTHERLY ALONG THE WESTERN RIGHT-OF-
WAY OF SAID JOHNSTON ROAD, A DISTANCE OF 50.0 FEET TO A POINT;
THENCE NORTH 89 DEGREES 05 MINUTES 50 SECONDS WEST A DISTANCE
OF 620 FEET, MORE OR LESS, TO A POINT ON A LINE WHICH BEARS SOUTH 01
DEGREE 16 MINUTES 59 SECONDS WEST FROM THE POINT OF BEGINNING;
THENCE NORTH 01 DEGREE 16 MINUTES 59 SECONDS EAST A DISTANCE OF
50.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID EASEMENT IS
DESIGNATED AS TRACT 102E OF THE EASTERN TEST RANGE
RECONFIGURATION.
(Located on the northwest corner of Johnston Road and SFWMD Canal No. 25)
C. The approvals and authorizations granted by this Resolution shall expire on June 15,
2012, unless a Final Planned Town or Village site plan approval is obtained for the
uses described in Part A above, or an extension has been granted in accordance with
Section 11.02.06(6), St. Lucie County Land Development Code.
D. A 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 and
Development Services Director.
E. The St. Lucie County Planning and Development Services Director is hereby
authorized and directed to cause the notation of this resolution to be made on the
Official Zoning Atlas of St. Lucie County, Florida, and to make the notation of reference
to the date of adoption of this resolution.
F. A copy of this Resolution shall be mailed, return receipt requested, to the developer
and agent of record as identified on the site plan applications.
G. This Resolution shall be recorded in the Public Records of St. Lucie County.
File No.: PN 820094001 Resolution 10-028 Final.doCx
8/10/2010
Page 7
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After motion and second, the vote on this resolution was as follows:
Charles Grande, Chairman NAY
Doug Coward, Vice-Chairman AYE
Chris Craft, Commissioner AYE
Chris Dzadovsky, Commissioner AYE
Paula A. Lewis, Commissioner AYE
PASSED AND DULY ADOPTED this 15th day of June, 2010.
ATTEST
Deputy CI
File No.: PTV 820094001
8/10/2010
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA ~'
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APPROVED AS TO FORM
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Resolution 10-028 Final.docx
Page 8
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Exhibit A
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File No.: PN 820094001
8/10/2010
Resolution 10-028 Final.docx
Page 9