HomeMy WebLinkAboutPDS-12-028 - Village of Sunset Lakes - Chapter 2012-205 Extension1
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PDS 12-028
FILE NO.: BCC5201241443
AN ORDER GRANTING AN ADDITIONAL TWO-YEAR
STATUTORY EXTENSION PROVIDED BY CHAPTER 2012-
205, LAWS OF FLORIDA TO THE SCHEDULED
EXPIRATION DATE TO THE PREVIOUSLY APPROVED
PLANNED TOWN OR VILLAGE DEVELOPMENT FOR THE
PROJECT KNOWN AS VILLAGE OF SUNSET LAKES.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the request for development order extension timely submitted and in accordance with the
provisions of Chapter 2012-205, Laws of Florida and has 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. Florida Governor Rick Scott, signed into law, Chapter 2012-205, Laws of Florida, more
commonly known as the "Community Planning Act" Bill (the "Bill"), which took effect July 1,
2012.
3. The Bill provides that any local government issued development order or permit that was
extended under Section 14 of Chapter 2009-96, Laws of Florida; as reauthorized by
Section 46 of Chapter 2010-147, Laws of Florida; Section 79 of Chapter 2011-139, Laws
of Florida may be eligible to be extended and renewed for an additional period of two
years after its previously scheduled expiration date and shall not be extended beyond a
total of four years.
4. The Bill provides that in recognition of the 2012 real estate market conditions, any local
govemment issued development order or permit that has an expiration date of January 1,
2012 through January 1, 2014, may be eligible to be extended and renewed for a period of
two (2) years following its date of expiration.
5. The Bill further provides that the request for statutory extension must be timely made in
writing by December 31, 2012; identify the specific authorization for which the extension is
requested, the intended use of the extension and the anticipated time frame for acting on
the authorization.
6. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
Planning and Development Services staff and found not to be in significant noncompliance
with the original St. Lucie County development order granting approval.
7. The applicant applied for an extension on June 28, 2012.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
File No.: BCC 520124443 SAINT LUCIE COUNTY >S 12-02E
JUIy 11, 2012 FILE # 3727607 07/24/2012 at 08:30 AM Page 1
OR BOOK 3413 PAGE 1378 - 1381 Doc Type: ORD
RECORDING: $35.50
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8. This extension is granted pursuant to Chapter 2012-205, and St. Lucie County Board of
County Commissioners' good faith interpretation of the Bill. By accepting this extension,
the applicant agrees to hold St. Lucie County harmless in the event a court of competent
jurisdiction determines that the extension granted by St. Lucie County were not legally
granted or in the event that the extension is subsequently revoked based on a
constitutional challenge.
9. This statutory extension is exclusive of and runs concurrently with any request for approval
extension that may be provided by the St Lucie County Land Development Code. Any
Land Development Code extension must be applied for, reviewed and approved in
accordance with the provisions of the Land Development Code.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director:
A. Pursuant to the provisions of the Bill, the Preliminary Planned Town or Village approval
for the project known as Village of Sunset Lakes has been found to be eligible for and
consistent with the provisions contained in Section 24 of the Bill such that the approval
granted under Resolution No. 10-028 is extended for two years and that was
scheduled to expire on June 15, 2012 shall now expire on June 15, 2014.
B. All terms and conditions of Resolution No. 10-028 and PDS 12-027 shall continue to
remain in full force and effect unless otherwise amended.
C. In the event that a court determines that the Bill is unconstitutional, the extension
granted by this order shall become null and void.
D. The property on which this development order extension 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 '/.) AND THE NORTHWEST QUARTER (NW %.) OF THE
SOUTHEAST QUARTER (SE '/.} AND THE SOUTH HALF (S '/z) OF THE SOUTHWEST
QUARTER (SW '/.) OF THE SOUTHEAST QUARTER (SE '/.) 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:
File No.: BCC 520124443
July 11, 2012
PDS 12-02E
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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 %4) OF THE SOUTHEAST QUARTER (SE '/.) OF SAID SECTION; THENCE
NORTH A DISTANCE OF 2,364.55 FEET TO A POINT ON THE SAID EAST QUARTER (SE
'/.) LINE OF SAID SECTION; THENCE WEST AT AN ANGLE OF 89 DEGREES 58 MINUTES
20 SECONDS TO THE LEFT FROM SAID EAST QUARTER (E '/.) 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 SOUTM 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 DISTANCE OF
1325.70 FEET TO A POINT BEING THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER (SW '/.) OF THE SOUTHEAST QUARTER (SE %.) OF SAID SECTION; THENCE
NORTH A DISTANCE OF 2,364.55 FEET TO A POINT ON THE SAID EAST QUARTER (E '/.)
LINE OF SAID SECTION; THENCE WEST AT AN ANGLE OF 89 DEGREES 58 MINUTES 20
SECONDS TO THE LEFT FROM SAID EAST QUARTER (E'/4) 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
RNV 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
File No.: BCC 520124443
July 11, 2012
PDS 12-02!
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EASEMENT IS DESIGNATED AS TRACT 102E OF THE EASTERN TEST RANGE
RECONFIGURATION.
Parcel ID# 1334-300-0000-000/0
E. The conditions set forth in Part B are an integral non severable part of the site plan
approval granted. If any condition set forth in Part B is determined to be invalid or
unenforceable for any reason and the developer declines to comply voluntarily with that
condition, this development order extension approval shall become null and void.
F. A copy of this order shall be placed on file with the St. Lucie County Planning and
Development Services Director.
G. A copy of this order shall be mailed, return receipt requested, to the developer and
agent of record as ident~ed on the extension request.
H. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 11"' day of July, 2012.
PLANNING & DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY
Mark Satte e, A CP
Director
APPROVED AS TO FORM
AND CORRECTNESS:
~~-
~~. County Attorney
File No.: BCC 520124443
July 11, 2012
PDS 12-02E
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