HomeMy WebLinkAboutPDS-14-009 - Village of Sunset Lakes - Two Year Extension1
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PDS 14-009
(File No. BCC 120144724)
AN ORDER GRANTING A TWO-YEAR LAND
DEVELOPMENT CODE ADMINISTRATIVE EXTENSION TO
SITE PLANS PROVIDED BY SECTION 11.02.06(6)(4) TO
THE SCHEDULED EXPIRATION DATE TO THE
PREVIOUSLY APPROVED PRELIMINARY PLANNED TOWN
OR VILLAGE SITE PLAN 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 administrative extension timely submitted and in accordance
with the provisions of Section 11.02.06(B)(4) of the St. Lucie County Land Development Code
on behalf of Sunset Lakes of St. Lucie, LLC and has made the following determinations:
On, June 15, 2010, the St. Lucie County Board of County Commissioners granted
approval, through Resolution No. 10-028, to the petition of Sunset Lakes of St. Lucie,
LLC, for the Preliminary Planned Town or Village Site Plan approval for the project
known as Village of Sunset Lakes, on property located on the northwest corner of
Johnston Road and SFWMD Canal No. 25 and more particularly described in Part B
below.
2. On July 11, 2012, the Planning and Development Services Director granted approval,
through PDS Order 12-027, a minor adjustment amending Condition A-18 of Resolution
No. 10-028
3. The Planning and Development Services Director, through PDS Order 12-028, further
authorized a site plan extension which is due to expire on June 15, 2014 in accordance
with Florida Statutes Community Renewal Act.
4. On December 17, 2013 the St. Lucie County Board of County Commissioners adopted
Ordinance 2013-43 amending the text of the Land Development Code to provide for a
two year administrative extension of approved site plans.
5. The amendment provides that in recognition of the real estate market conditions, any
local government issued site plan that has an expiration date of January 1, 2013 through
December 31, 2014, may be eligible to be extended and renewed for a period of two (2)
years following its date of expiration.
6. The amendment further provides that for all site plans due to expire after February 27,
2014, the request for the Land Development Code extension must be made in writing
File No.: BCC 1 20 1 44724 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT PDS 14-009
March 6, 2014 SAINT LUCIE COUNTY Page 1
FILE # 3934742 03/17/2014 at 03:49 PM
OR BOOK 3612 PAGE 2481 - 2489 Doc Type: ORD
RECORDING: $78.00
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prior to the scheduled expiration date, 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.
7. Further, pursuant to Section 11.02.06, the request for the Land Development Code
administrative 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.
8. Planning Staff has performed a detailed analysis of the project and determined the
administrative extension is consistent with the St. Lucie County Land Development Code
and Comprehensive Plan. The analysis is found in the memorandum titled Villages of
Sunset Lakes Administrative Extension, dated March 4, 2014.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director of St. Lucie County, Florida:
A. Pursuant to the provisions of Section 11.02.06(B)(4), the Site Plan approval for the
project known as Villages of Sunset Lakes has been found to be eligible for and
consistent with the provisions contained in administrative extensions to site plans such
that the approval granted under Resolution No. 10-028 and further extended under PDS
12-028 is extended for two years from its scheduled expiration date of June 15, 2014
and shall now expire June 15, 2016, subject to the following conditions:
Condition A-1 of Resolution No. 12-027 is hereby amended::
All previous conditions of approval applicable to the subject property, as contained in
Resolution No. ~-9-92 12-027 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 LDC and the Board of County
Commissioners, unless expressly modified herein.
2. Condition A-2 of Resolution No. 12-027 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.
3. Condition A-3 of Resolution No. 12-027 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
File No.: BCC 120144724
March 6, 2014
PDS 14-009
Page 2
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Development Code, shall be required. The Final Plat shall not be recorded until the
BOCC approves the Improvement Agreement.
4. Condition A-4 of Resolution No. 12-027 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-5 of Resolution No. 12-027 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-6 of Resolution No. 12-027 remains:
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.
7. Condition A-7 of Resolution No. 12-027 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-8 of Resolution No. 12-027 remains:
Prior to Final PTV site plan approval, apre-design Meeting with the FPUA Water,
Wastewater and Gas Engineering Department will be required.
9. Condition A-9 of Resolution No. 12-027 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.
File No.: BCC 120144724
March 6. 2014
PDS 14-009
Page 3
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10. Condition A-10 of Resolution No. 12-027 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-11 of Resolution No. 12-027 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-12 of Resolution No. 12-027 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 120144724
March 6, 2014
PDS 14-009
Page 4
13. Condition A-13 of Resolution No. 12-027 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-14 of Resolution No. 12-027 remains:
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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-15 of Resolution No. 12-027 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-16 of Resolution No. 12-027 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-17 of Resolution No. 12-027 is deleted:
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18. Condition A-18 of Resolution No. 12-027 is deleted:
File No.: BCC 120144724
March 6, 2014
PDS 14-009
Page 5
19. Condition A-19 of Resolution No. 12-027 remains:
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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
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-20 of Resolution No. 12-027 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-21 of Resolution No. 12-027 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-22 of Resolution No. 12-027 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.
File No.: BCC 120144724
March 6, 2014
PDS 14-009
Page 6
23. Condition A-23 of Resolution No. 12-027 remains:
The Final PTV site plan shalt follow, to the extent feasible, the LEED for Neighborhood
Development Rating System as approved by the U.S. Green Building Council.
24. Condition A-24 of Resolution No. 12-027 remains:
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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.
25. Condition of approval, is herebv added:
The issuance of Countv development permit does not in anv way create anv rights on
the part of the applicant to obtain a permit from a state or federal agencv and does not
create anv liability on the part of the Countv if the applicant fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agencv or undertakes
actions that result in a violation of state or federal law.
26. Condition of approval, is herebv added:
All other applicable state or federal permits must be obtained before commencement of
the development.
B. The property on which this site plan administrative 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 '/a) and the Northwest Quarter (NW '/a) of the Southeast Quarter (SE '/a) and
the South Half (S'/z) 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-1L driven flush with the ground and tacked, said point being the Point of
File No.: BCC 120144724
March 6, 2014
PDS 14-009
Page 7
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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-1 M driven flush with the ground
and tacked, thence North O1 degree 46 minutes 42 seconds East, a distance of 208.72 feet to a point of an
orange plastic hub stamped F7-C-lN 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 OS 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 '/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 O1 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 OS 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 OS minutes 50 seconds West a distance of 620 feet, more or less, to a point
on a line which bears South O1 degree ]6 minutes 59 seconds West from the Point of Beginning; thence
North O1 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.
C. This Site Plan administrative extension shall expire on June 19, 2015, unless Final PTV
has been approved or an extension has been granted in accordance with Section
11.02.06, St. Lucie County Land Development Code.
D. The Certificate of Capacity granted by the Planning and Development Services Director
shall remain valid for the period of this development order. If this order expires or
otherwise terminates, the Certificate of Capacity shall automatically terminate.
E. The conditions set forth in Part A are an integral non severable part of the site plan
approval granted by Resolution No. 10-028. 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, this development order extension approval
granted by this resolution shall become null and void.
F. A copy of this administrative extension shall be placed on file with the St. Lucie County
Planning and Development Services Director.
File No.: BCC 120144724
March 6, 2014
PDS 14-009
Page 8
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G. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 6th day of March, 2014.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
f ~-°"~
BY
Mark Satter ee, AICP, Director
LA P
G:\Planning\PROJECT FILES\Villages of Sunset Lakes PTV Admin Ext Order
File No.: BCC 120144724
March 6, 2014
PDS 14-009
Page 9
APPROVED AS TO FORM
AND CORRECTNESS: