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HomeMy WebLinkAboutRESOLUTION2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 RESOLUTION 2016-218 File Number: SPMJ 820165055 SCANNED BY St. Luce County A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AMENDING THE CONDITIONS OF APPROVAL FOR THE PLANNED UNIT DEVELOPMENT KNOWN AS SEDONA PUD 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: 1. On October 17, 2006, the St. Lucie County Board of County Commissioners (Board) granted approval, through Resolution No. 06-295, to the petition of Home Dynamics Sedona LLC, for the Final Planned Unit Development Site Plan project known as Sedona PUD, on property located at the southwest corner of Edwards Road and South 25th Street. 2. On October 7, 2008, the Board granted, through Resolution 08-230, a 12-month extension to the Final Planned Unit Development authorized under Resolution 06-295, with the new date of expiration being October 17, 2009 and modifications to condition of approval number 4. 3. On December 8, 2009, the Board granted, through Resolution 09-213, a 2nd 12-month extension to the Final Planned Unit Development authorized under Resolution 06-295, with amendments to the conditions of approval in that Resolution, with the new date of expiration being October 17, 2010. 4. On January 22, 2010, the Growth Management Director granted, through GM Order 10-003, an extension to the Final Planned Unit Development authorized under Resolution 66-295 for an additional two years pursuant to Chapter 2009-96, Laws of Florida, from its date of scheduled expiration, October 17, 2010, with the new date of expiration being October 17, 2012. 5. On December 3, 2010, the Planning and Development Services Director. granted, through PDS Order No. 10-028, an extension to the Final Planned Unit Development authorized under Resolution 06-295, for an additional two years pursuant to Chapter 2010-147, Laws of Florida, with the new date of expiration being October 17, 2014. J03EPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 0 4298313041182017 033216 AM December 6, 2016 Resolution 2016-218: OR BOOK 3985 PAGE 1132-1141 Dx Type: RE80 Page 1 RECORDING: $86M 1 6: On January 27, 2012, the Planning and Development Services Director granted, through PDS 2 Order No. 12-013, an extension to the Final Planned Unit Development authorized under 3 Resolution 06-295 for an additional ten months, and twenty-two days, pursuant to Florida 4 Governor Rick.Scott, Executive Order (EO) No. 11-128 (and as extended by EO Nos. 11-172 5 and 11-202) with the new date of expiration being September 8, 2015. 6 7 7. On July 16, 2015, St. Lucie County Issued Building Permit #1507-0259 forthe construction of 8 certain Project Entry Features serving to meet the requirements for the County to consider 9 the PUD approval granted through Resolution 06-295 as being vested for future site 10 permitting purpose. 11 12 8. The developer of the Sedona PUD is seeking to consolidate all applicable Development Order 13 Conditions of Approval from Resolution 06-295, Resolution 08-230 and.09-213 into one (1) 14 approval order and to provide clarifications and modify select conditions, includingthe timing 15 of some improvements. 16 17 9.. The changes herein do not modify any site plan graphics or documents: previously approved 18 as part of the Sedona Final PUD. Any,future changes to the project plans or documents will be 19 through the provisions for an adjustment to Final Planned Unit Developments in Land 20 Development Code Section 11.02.05. 21 22 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 23 County, Florida: 24 25 The Development Order Conditions of Approval as found in Resolution 06-295, Part C, and 26 Resolution 08-230 Part B, and Resolution 09-213.Part A, are herein consolidated, 27 modified and amended as follows: 28 29 1. No construction authorizations (including but not limited to building permits for any 30 residential units) shall be issued by the County until all applicable conditions of approval 31 and applicable code requirements are satisfied: 32 33 2. Prior to the issuance of any'building permits' for the 85tb residential unit in this project, 34 the developer, successors or assigns, shall provide for the construction of right and left AS turn lanes at the projects Edwards Road entrance, as generally depicted on the project 36 site plan. Prior to the issuance of the first certificate of occupancy for any residential 37 units in this project the developer, his successors or assigns shall provide for the 38 construction of a right turn lane into the project entrance along South 25th Street. All Resolution 2016-218 December 6, 2016 Page 2 1 proposed construction shall be coordinated with, and subject to the final approval of, the 2 St. Lucie County Engineer. 3 4 Poor h is�suanee,ofany�bullding lfo h? 8_[es " entla nitan this�pr`ii)eet 5 the developer, his successors or assigns, shall provide forthe construction of a minimum, 6 I - wi e-stdi'.s9atlg2 g eesite;9 Edward toa&ad 5tre�etfr62tagq;:-:�PPor the purpose 7 of this condition, the term "provide" means that the developer, his successors or assigns, 8 shall either have completed the construction of the cited improvement or shall have 9 entered into an enforceable contract calling for the construction of this cited 10 improvement. No Certificates of Occupancy for more than 85 residential units shall be 11 permitted until the cited improvements with Edwards Road are completed and accepted 12 by St. Lucie County. 13 14 3. Prior to performing any work within the County's road right-of-way, the applicant shall 15 apply for a Right -Of -Way (ROW) Permit. A Roadway Improvement Agreement (RIA), and 16 a surety shall be provided to the County prior to the issuance of the ROW Permit. The 17 amount of surety shall be equivalent to 115% of the total cost for the required 18 improvements within the road right-of-way. 19 20 4. ron accesswi e a owe rnm ou tU�S rje . All construction vehicles 21 are to utilize the main entrance point on Edwards Road. Site construction access shall be 22 limited to Edwards Road only. As part of the site overall stormwater improvement plans, 23 soil tracking devices shall be installed and properly maintained at all site access locations 24 in order to minimize the tracking of dirt and other material onto the local area road 25 network. 26 27 S. All development activities within the Sedona - Planned Unit Development shall be subject 28 t e lica1fti egu tlon o e pproprla e-peTmittingliarisdictiets"� 29 1 — 30 6. The Final Plat shall not be recorded until.; constructible engineering plans are approved, 31 and all common improvements are either: a) built and accepted or approved by St. Lucie 32 County; or b) secured with a developer's surety held by the St. Lucie County in a form 33 approved by the County Attorney and an amount approved by the County Engineer, 34 including an amount necessary to cover the period of maintenance required by the Land 35 Development Code. 36-- -- 37 7. Prior to recording of the plat for any portion of the property, or the issuance of any 38 building permits for any residential units, the developer, or his assigns, shall have 39 completed the execution of a final utility service agreement with Ft. Pierce Utilities Resolution 2016-218 December6,2D16 Page 3 i 2 3 4 5 6 7 8 9 10 1i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 2 Authority, indicating all developer obligations, including schedules associated with servicing this site. chain link fence shall be installed along the west side of the existing concrete sidewalk adjacent to South 25th Street. Said fence shall be removed following construction of the residential units along the east side of Morningdew Lane. 9. no nce o any erti Ica a-o ccupaacy_fol=Yhe residential units, the developer, his successors or assigns, shall construct the required all weather shelter at the Bus Stop/Transit Stop alongthis project's frontage on South 25th Street. Final designs and locations shall be approved by the St. Lucie County Department of Community Services and the County Engineer. 10. Prior to the issuance of any Certificate of Occupancy for the 85u' residential unit in this project, the developer, his successors or assigns, shall construct the required all weather shelter at the Bus Stop/Transit Stop located along this project's he Road frontage. Final designs and locations shall be approved by the St. Lucie County Department of Community Services and the County Engineer.• 11. The irrigation system within this project shall be designed to accept reuse water from the Fort Pierce Utilities Authority, or other duly recognized utility authority or district, as the preferred method of irrigation: 13. The resolution shall be recorded in order to provide constructive legal notice of development conditions that run with the land. The act of recording the resolution does not authorize development. All conditions of approval and applicable code requirements must be determined to be satisfied by the Director of Planning and Development Services. 14. All project signs shall be permanent signs with permanent lettering. 15. 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 and approvals applicable to the phase of site construction to be undertaken. If federal or state agency compliance requires any modifications to the approved project site development plans, the developer, his successors or assigns, 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 Resolution 2016-218 Page 4 December 6, 2016 1 use the County's development approval to prevent compliance with any federal or state 2 agency requirements. 3 4 16. The Sedona PUD is approved for development in one phase. Should the project be 5 developed in stages or phases, a phasing plan shall be submitted and approved through 6 the site plan adjustment process before the issuance of any permits or construction 7 authorizations. Any phasing plan shall delineate the construction phase(s) and all 8 associated support facilities for each phase of development. 9 10 17. Traffic speed control improvements shall be installed on Morningdew Lane,.as approved 11 by the County Engineer. 12 13 18. Install safety measures at the construction entrance on Edwards Road that are acceptable 14 to the County Engineer. 15 16 19. Within 90 days of this approval, the applicant, success or assigns shall provide for the 17 removal of the vegetative debris on the property and the site's vegetation and grasses 18 shall be maintain in perpetuity. 19 20 20. The developer, successors or assigns shall work with the school district to remove exotic 21 vegetation along the south side of the property on school district property. 22 23 2 ssuanc Certificat e�upaac�Nfo si-resl en la cu , thesid alk 24 moral _g,Sou h 25;�Streetshall� e�expandedtib an tes d'th. __ 25 26 B. The property on which the 5edona-Planned UnitDevelopment is to be located is described as follows: 27 28 THAT CERTAIN PARCEL SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA, 29 MORE PARTICULARLY DESCRIBED AS: 30 31 THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 29, TOWNSHIP 35 SOUTH, 32 RANGE 40 EAST, LESS AND EXCEPT THE FOLLOWING: 33 34 RIGHT-OF-WAY FOR HAWLEY ROAD (SOUTH 25TH STREET). RIGHT-OF-WAY FOR 35 EDWARDS ROAD, .AND RIGHT-OF-WAY FOR NORTH ST. LUCIE RIVER WATER 36 MANAGEMENT DISTRICT CANAL LOCATED ALONG THE WESTERN BOUNDARY OF THE 37 ABOVE DESCRIBED LAND. 38 39 PARCEL "C" 40 A STRIP OF LAND LYING IN SECTION 29, TOWNSHIP 3S SOUTH, RANGE 40 EAST, ST. 41 LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY BOUNDED AND 42 DESCRIBED AS FOLLOWS: Resolution 2016-218 December 6, 2016 Page 5 1 2 3 .4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 .28 29 30 31 32 33 34 35 36 37 38 39 COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 00006'35" EAST, ALONG THE EAST LINE OF SAID SECTION 29, A DISTANCE OF 40.00 FEET; THENCE SOUTH 89"59'07" WEST, A DISTANCE OF 40.00 FEET, TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY OF EDWARDS ROAD AND THE WEST RIGHT-OF-WAY OF. SOUTH 25TH STREET; THENCE CONTINUE SOUTH 89059'07" WEST, ALONG SAID SOUTH RIGHT -OF- WAY OF EDWARDS ROADAAND PARALLEL WITH THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 810.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°59'07" WEST, ALONG SAID SOUTH RIGHT- OF-WAY OF EDWARDS ROAD AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 499.71 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1392.58 FEET; THENCE ALONG THE ARC OF SAID CURVE, THROUGH A .CENTRAL ANGLE OF 18041'28" SOUTHWESTERLY 454.29 FEET TO A POINT 25.00 FEET, AT A RIGHT ANGLE, EAST OF THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 29; THENCE SOUTH 00"07'41" WEST, PARALLEL WITH SAID WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 21.15 FEET TO A POINT OF INTERSECTION OF A LINE 25.00 FEET, AT A RIGHT ANGLE, EAST OF SAID WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 29 AND A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1372.58 FEET; THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ' ANGLE 'OF 18058'34", NORTHEASTERLY 454.59 FEET TO A POINT OF TANGENCY; THENCE NORTH 89059'07" EAST, PARALLEL WITH SAID SOUTH RIGHT -OF WAY OF EDWARDS ROAD, A DISTANCE OF 499.74 FEET; THENCE NORTH 00006'35" WEST, PARALLEL WITH SAID EAST LINE OF SECTION 29, A DISTANCE OF 20.00 FEET TO THE POINT -OF BEGINNING. PARCEL"D" A STRIP OF LAND LYING IN SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID. SECTION 29; THENCE SOUTH 00006'35" EAST, ALONG THE EAST LINE OF SAID SECTION 29, A DISTANCE OF 40.00 FEET, THENCE SOUTH 89"59'07" WEST, A DISTANCE OF 40.00 FEET, TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY OF EDWARDS ROAD AND THE WEST RIGHT-OF-WAY OF SOI)TH 25TH STREET, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°59'07" WEST, ALONG SAID SOUTH RIGHT - OF WAY OF EDWARDS ROAD AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 310.00 FEET; THENCE SOUTH. 00'06'35" EAST, PARALLEL WITH Resolution 2016-213 Page 6 December 6, 2016 I ' 1 '2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 SAID EAST LINE OF SECTION 29, A DISTANCE OF 20.00 FEET; .THENCE NORTH 89-59-07" EAST, PARALLEL WITH SAID NORTH LINE OF SECTION 29, A DISTANCE OF 290.00 FEET; THENCE SOUTH 00"06'35" EAST, PARALLEL WITH SAID EAST LINE OF SECTION 29, A DISTANCE OF 230.00 FEET; THENCE NORTH 89°59'07" EAST, PARALLEL WITH SAID NORTH LINE OF SECTION 29, A DISTANCE OF 20.00 FEET, TO A POINT ON SAID WEST RIGHT-OF-WAY OF SOUTH 25TH STREET, THENCE NORTH 00006'35" WEST, ALONG SAID WEST RIGHT-OF-WAY OF SOUTH 25TH STREET AND PARALLEL WITH SAID EAST LINE OF SECTION 29, A DISTANCE OF 250.00 FEET, TO THE POINT OF BEGINNING. PARCEL"E" A STRIP OF LAND LYING IN SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 00006'35" EAST, ALONG THE EAST LINE OF SAID SECTION 29, A DISTANCE OF 40.00 FEET; THENCE SOUTH 89059'07" WEST, A DISTANCE OF 40.00 FEET, TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY OF EDWARDS ROAD AND THE WEST RIGHT-OF-WAY OF SOUTH 25TH STREET; THENCE SOUTH 00°06'35" EAST ALONG SAID WEST RIGHT -Of -WAY OF SOUTH 25TH STREET AND PARALLEL WITH SAID EAST LINE OF SECTION 29, A DISTANCE OF 250.00 FEET, TO THE POINT OF BEGINNING; THENCE SOUTH 00°06'35" EAST ALONG SAID WEST RIGHT-OF-WAY OF SOUTH 25TH STREETAND PARALLEL WITH SAID EAST LINE OF SECTION 29, A DISTANCE OF 160.65 FEET; THENCE SOUTH 89° 59'07" WEST, PARALLEL WITH NORTH LINE OF SAID SECTION 29, A DISTANCE OF 20.00 FEET, THENCE NORTH 00-06-35" WEST PARALLEL WITH SAID WEST RIGHT-OF-WAY OF SOUTH 25TH STREET, A DISTANCE OF 160.65 FEET, THENCE NORTH 89-59-07" EAST PARALLEL WITH SAID NORTH LINE Of SECTION 29, A DISTANCE OF 20.00 FEET, TO THE POINT OF BEGINNING. PARCEL "F" A STRIP OF LAND LYING IN SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 00006'35" EAST, ALONG THE EAST LINE OF SAID SECTION 29, A DISTANCE OF 40.00 FEET; THENCE SOUTH 89° 59'07" WEST, A DISTANCE OF 40.00 FEET, TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY OF EDWARDS ROAD AND THE WEST Remlution 2616-218 Page 7 December 6, 201C L 1 .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 95 36 37 38 39 RIGHT -Of -WAY OF SOUTH 25TH STREET, THENCE SOUTH 00006'35" EAST ALONG SAID WEST RIGHT-OF-WAY OF SOUTH 25TH STREET AND PARALLEL WITH SAID EAST LINE OF SECTION 29, A DISTANCE OF 410.65 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00006'35" EAST ALONG SAID WEST RIGHT-OF-WAY OF SOUTH 25TH STREET AND PARALLEL WITH SAID EAST LINE OF SECTION 29, A DISTANCE OF 877.12 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 29; THENCE SOUTH 89°19'20" WEST ALONG SOUTH LINE OF NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 29, A DISTANCE OF 20.00 FEET; THENCE NORTH 00006'35" WEST, PARALLEL WITH SAID WEST RIGHT-OF-WAY OF SOUTH 25TH STREET, A DISTANCE OF 877.35 FEET; THENCE NORTH 89°59'07" EAST, PARALLEL WITH THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. ' PARCEL"G" A STRIP OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 00°06'35" EAST, ALONG THE EAST LINE OF SAID SECTION 29, A DISTANCE OF 60.00 FEET; THENCE SOUTH 89°S9'12", A DISTANCE OF 60.00 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SOUTH 25TH STREET AND THE POINT OF BEGINNING OF THE HEREIN STRIP OF LAND; THENCE SOUTH 00"06'35" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE AND PARALLEL WITH THE EAST LINE OF SAID SECTION 29, A DISTANCE OF 1268.02 FEET, TO A POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE SOUTH 89°19'26" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 20.00 FEET; THENCE NORTH 00°06'35" WEST, ALONG A LINE PARALLEL TO THE AFOREMENTIONED EAST LINE OF SAID SECTION 29, A DISTANCE OF 1268.25 FEET, TO A POINT ON THE SOUTH RIGHT OF -WAY LINE OF EDWARDS ROAD; THENCE NORTH 89°59'12" EAST, ALONG SAID SOUTH RIGHT -OF WAY LINE AND PARALLEL TO THE NORTH LINE OF SECTION 29, A DISTANCE OF 20.00 FEET; TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED STRIP OF LAND. ALSO LESS AND EXCEPT THE FOLLOWING: _LEGAL DESCRIPTION PARCEL 117 BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND Resolution 2016-218 Page 8 December%2D16 1 .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT A FOUND PK _NAIL & WASHER STAMPED "LB 6449" AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 00"06'21" EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, A DISTANCE OF 539.51 FEET (BEARINGS ARE BASED., ON SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO), THENCE SOUTH 89053'39" WEST DEPARTING SAID EAST LINE, A DISTANCE OF 80.00 FEET TO A POINT ON THE EXISTING WEST RIGHT-OF-WAY LINE FOR STATE ROAD 615 (SOUTH 25TH STREET) AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL 117; THENCE SOUTH 00006'21" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 180.57 FEET; THENCE NORTH 11056'09" WEST DEPARTING SAID WEST RIGHT-OF- WAY LINE, A DISTANCE OF 49.19 FEET; THENCE NORTH 00037'36" WEST, A DISTANCE OF 57.42 FEET; THENCE NORTH 07056'30" EAST, A DISTANCE OF 75.76 FEET TO THE POINT OF BEGINNING. CONTAINING 35.399 ACRES, MORE OR LESS. C. The Certificate of Capacity granted by the St. Lucie County Growth Management Director on October 2, 2006, shall remain valid for the period of this Development Order. If this Order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. D. The developer is advised as part of this Major Adjustment approval, that the developer or any successor in interest shall obtain all applicable development permits and construction authorizations from the appropriate State, Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, South Florida Water Management District, and the St. Lucie County Environmental Resources and Building departments prior to the commencement of any development activities on the property described in Part B. Issuance of this approval 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: The Amended Conditions set forth in Part Aare an integral and non -severable part of the Final PUD approvals granted by Resolution 06-295, as amended. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to Resolution 2016-218 Page 9 December 6, 2016 1, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 comply voluntarily with that condition, the site plan approvals granted by Resolution 06-295, as amended, shall become null and void. F. A copy of this Resolution shall be placed on file with the St. Lucie County Planning and Development Services Department G. A copy of this Resolution shall be recorded in the public records of St. Lucie County. I. After motion and second, the vote on this resolution was as follows: Chris Dzadovsky, Commissioner AYE Frannie Hutchinson, Commissioner AYE Tod Mowery, Commissioner AYE Cathy Townsend, Commissioner AYE Linda Bartz, Commissioner AYE PASSED AND DULY ADOPTED this 6th day of December, 2016. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA — 915—lia Chairman ATTEST: Deputy Clg,. Resolution 2016-218 Page 10 APPROVED AS TO FORM AND CORRECTNESS: County Attorney, December 6, 2016