HomeMy WebLinkAboutPDS-12-027 - Village of Sunset Lakes1
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PDS 12-027
FILE NO.: BCC520124443
AN ORDER OF THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR
GRANTING APPROVAL FOR A MINOR ADJUSTMENT TO A PRELIMINARY
PLANNED TOWN OR VILLAGE DEVELOPMENT KNOWN AS VILLAGE OF
SUNSET LAKES AMENDING RESOLUTION NO. 10-028
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the request for minor adjustment to the Planned Town or Village and made the following
determinations:
On June 15, 2010, through Resolution No. 10-028, the Board of County Commissioners
granted approval for the Village of Sunset Lakes PTV Site Plan amixed-use subdivision
of 134.6 acres. This project consists of 700 dwelling units and 2,000 square feet of retail
development. The property is located on the west side of Johnston Road, east of I-95,
north of Angle Road and SFWMD Canal No. 25, and south of Meadowood residential
development.
2. The developer, Sunset Lakes of St. Lucie, LLC, through Ramon Trias of Trias &
Associates, agent, have requested that the Preliminary Planned Town or Village Site
Plan be granted a minor adjustment to the previously approved PTV.
3. The Preliminary PTV Site Plan is subject to 23 conditions of approval. The deadlines for
the majority of the conditions of approval, except Condition No. 18 are prior to final site
plan approval. For consistency, Condition No. 18 is amended as set forth in Part A of
this PDS Order.
NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Section 11.02.05(E) of the St. Lucie County Land Development Code, the
minor adjustment to the Preliminary Planned Town or Village for Village of Sunset
Lakes, approved through Resolution No. 10-028 shall be amended, subject to the
following conditions:
1. All previous conditions of approval applicable to the subiect property as contained in
Resolution No. 10-028. have been consolidated as contained herein The property
owner shall comply with all previous conditions of approval and deadlines previously
established by Chapter 11 of the Land Development Code and the Board of County
Commissioners, unless expressly modified herein.
2. Condition A-1 of Resolution No. 10-028 remains:
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.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
File No.: BCC 520124443 SAINT LUCIE COUNTY PDS 12-027
July 11, 2012 FILE # 3727632 07/24/2012 at 08:34 AM Page 1
OR BOOK 3413 PAGE 1414 - 1421 Doc Type: ORD
RECORDING: $69.50
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3. Condition A-2 of Resolution No. 10-028 remains:
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.
4. Condition A-3 of Resolution No. 10-028 remains:
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 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.
5. Condition A-4 of Resolution No. 10-028 remains:
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.
6. Condition A-5 of Resolution No. 10-028 remains:
Prior to Final PTV
boundary to avoid
Right and left turn
design constraints.
site plan approval, tf•
encroaching into the
lanes will be required
e applicant shall amend
ultimate right-of-way line
at each project entrance
the eastern project
of Johnston Road.
subject to possible
7. Condition A-6 of Resolution No. 10-028 remains:
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.
8. Condition A-7 of Resolution No. 10-028 remains:
Prior to Final PTV site plan approval, apre-design Meeting with the FPUA Water,
Wastewater and Gas Engineering Department will be required.
File No.: BCC 520124443
July 11, 2012
PDS 12-027
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9. Condition A-8 of Resolution No. 10-028 remains:
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.
10. Condition A-9 of Resolution No. 10-028 remains:
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.
11. Condition A-10 of Resolution No. 10-028 remains:
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.
12. Condition A-11 of Resolution No. 10-028 remains:
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.
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.
File No.: BCC 520124443
July 11, 2012
PDS 12-027
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13. Condition A-12 of Resolution No. 10-028 remains:
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.
14. Condition A-13 of Resolution No. 10-028 remains:
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.
15. Condition A-14 of Resolution No. 10-028 remains:
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.
16. Condition A-15 of Resolution No. 10-028 has been satisfied:
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.
17. Condition A-16 of Resolution No. 10-028 remains:
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.
18. Condition A-17 of Resolution No. 10-028 remains:
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 FWS-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.
19. Condition A-18 of Resolution No. 10-028 amended:
Within 90 days of Final site plan approval or prior to issuance of a Vegetation Removal
Permit or Exemption, whichever comes first, the applicant shall provide the required
executed SLC (or SFWMD) conservation easement and the Environmental Resources
File No.: BCC 520124443
July 11, 2012
PDS 12-027
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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.
20. Condition A-19 of Resolution No. 10-028 remains:
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.
21. Condition A-20 of Resolution No. 10-028 remains:
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.
22. Condition A-21 of Resolution No. 10-028 remains:
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.
23. Condition A-22 of Resolution No. 10-028 remains:
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.
24. Condition A-23 of Resolution No. 10-028 remains:
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.
File No.: BCC 520124443
July 11, 2012
PDS 12-027
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B. The property on which this minor adjustment 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 '/a) OF THE
SOUTHEAST QUARTER (SE '/a) AND THE SOUTH HALF (S '/2) OF THE 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-1 L 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-iM 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:
File No.: BCC 520124443
July 11, 2012
PDS 12-027
Page 6
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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 (E'/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; 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.
Parcel ID# 1334-300-0000-000/0
C. The minor adjustment granted by this Order shall remain 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. The conditions set forth in Part A are an integral nonseverable part of the minor
adjustment approval granted by this Development 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 shall become
null and void.
E. A copy of this Order shall be placed on file with the St. Lucie County Planning and
Development Services Director.
F. A copy of this Order shall be mailed, return receipt requested, to the developer and
agent of record as identified on the extension request.
Fite No.: BCC 520124443
July 11, 2012
PDS 12-027
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G. This Order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 11th day of July, 2012.
PLANNING & DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY
Mark Satterl e, AICP
Director
APPROVED AS TO FORM
AND CORRECTNESS:
~~...~ ~_
~.~ County Attorney
File No.: BCC 520124443
July 11, 2012
PDS 12-027
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