HomeMy WebLinkAbout10-024 1 RESOLUTION NO. 10-024
2~ FILE NO.: PUD 06-002
3
4 A RESOLUTION GRANTING PRELIMINARY PLANNED UNIT DEVELOPMENT
5 APPROVAL FORA 532.243 ACRE (MORE OR LESS) PARCEL OF LAND
6 LOCATED ON THE WEST SIDE OF SHINN ROAD, APPROXIMATELY 1.5
7 MILES NORTH OF OKEECHOBEE ROAD, BETWEEN N.S.L.R.W.C.D. CANAL ~
8 #58 AND N.S.L.R.W.C.D. CANAL #71, WHICH WOULD .PERMIT o
9 APPROXIMATELY 106 DWELLING UNITS FOR THE PROJECT KNOWN AS ~
10 SHINN ROAD EQUESTRIAN ESTATES, MAKING FINDINGS OF FACT. AND
11 DETERMINING CONCLUSIONS OF LAW. ~ a
U F
12 ~ ~o
13 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the LL
14 testimony and evidence, including but not limited to the staff report, has made the following Y
15 determinations: ~ ~ s m
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16
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17 1. Dennis O'Shea of Stiles Development, through Thomas Lucido & Associates, agent, ~ o a
18 presented a petition for a Change in Zoning from the AG-5 (Agricultural 1 du / 5 acres) y w ~ m
19 Zoning District to the PUD (Planned Unit Development -Shinn Road Equestrian w ~ M M z
20 Estates) Zoning District and Preliminary Planned Unit Development Site Plan approval a F M o
21 for the project to be known as Shinn Road Equestrian Estates, a single family residential o a J ~ o
22 subdivision consisting of 532.243 acres and 106 single family lots. The property is ' ° ~
23 located on the west side of Shinn Road, approximately 1.5 miles north of Okeechobee
24 Road, between NSLRWCD Canal No. 58 and NSLRWCD Canal No. 71.
25
26 2. On February 15, 2007, this item was scheduled for public hearing by the St. Lucie
27 County Planning and Zoning Commission, of which due public notice was published and
28 mailed to all property owners within 500 feet of the subject property at least 10 days prior
29 to the hearing. Prior to the start of the public hearing, the item was pulled from the
30 agenda by the request of the applicant.
31
32 3. On April 16, 2009, the St. Lucie County Planning and Zoning Commission held a public
33 hearing, of which due public notice was published and mailed to all property owners
34 within 500 feet of the subject property at least 10 days prior to the hearing, and
35 recommended to the Board of County Commissioners that Preliminary Planned Unit
36 Development Site Plan approval for the project known as Shinn Road Equestrian
37 Estates be approved, with conditions.
38
39 4. On September 15, 2009, the Board of County Commissioners of St. Lucie County,
40 Florida, held a public hearing, of which due public notice was published and mailed to all
41 property owners within 500 feet of the subject property at least 10 days prior to the
42 hearing, on the Preliminary Planned Unit Development Site Plan for the project known
43 as Shinn Road Equestrian Estates, and continued the public hearing to November 3,
44 2009.
45
46 5. On November 3, 2009, the Board of County Commissioners of St. Lucie County, Florida,
47 resumed the public hearing on the Preliminary Planned Unit Development Site Plan for
48 the project known as Shinn Road Equestrian Estates and continued the public hearing to
49 December 15, 2009.
50
File No.: PUD-06-002 Resolution 10-024 Approved BOCC 01.19.10.docx
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1 6. On December 15, 2009, the Board of County Commissioners of St. Lucie County,
2 • Florida, resumed the public hearing on the Preliminary Planned Unit Development Site
3 Plan for the project known as Shinn Road Equestrian Estates, heard and considered
4 additional testimony on the proposed Development Order for this project, and continued
5 the public hearing to January 19, 2010.
6
7 7. On January 19, 2010, the Board of County Commissioners of St. Lucie County, Florida,
8 resumed the public hearing on the Preliminary Planned Unit Development Site Plan for
9 the project known as Shinn Road Equestrian Estates, and heard and considered
10 additional testimony on the proposed Development Order for this project.
11
12 FINDINGS OF FACT
13
14 Based on the evidence presented and also based upon the inclusion of the conditions of
15 approval as set forth below in this resolution, the Board of County Commissioners finds as
16 follows:
17
18 A. The proposed project is consistent with the goals, objectives and policies of the Future
19 Land Use Element of the St. Lucie County Comprehensive Plan, and meets the
20 technical requirements of the St. Lucie County Land Development Code.
21
22 B. The proposed project will not have an undue adverse effect on adjacent property, the
23 character of the neighborhood, and other matters affecting the public health, safety,
24 and general welfare.
25
26 C. All reasonable steps have been taken to minimize any adverse effect on the proposed
27 project on the immediate vicinity through building design, site design, landscaping and
28 screening.
29
30 D. The proposed project is constructed, arranged and operated so as not to interfere with
31 the development and use of neighboring property, in accordance with applicable district
32 regulations.
33
34 CONCLUSIONS OF LAW
35
36 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
37 County, Florida, having made the findings of fact set forth above, makes the following
38 conclusions of law:
39
40 A. .Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the
41 Preliminary Planned Unit Development project known as Shinn Road Equestrian
42 Estates, as depicted on the site plan drawings for the project prepared by Thomas
43 Lucido & Associates, P.A., last revised on October 18, 2006 and date stamped
44 received by the St. Lucie County Growth Management on July 23, 2009, is hereby
45 approved subject to the following conditions:
46
47 1. Prior to Final PUD approval, the following corrections shall be made and
48 shown consistently on all site and engineering plans:
49 a) NSLRWCD Canal No. 56 label and right-of-way width shall be accurately
50 depicted on all sheets.
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1 ~ b) NSLRWCD Canal No. 58 label and right-of-way width shall be accurately
2 depicted on all sheets.
3 c) NSLRWCD Canal No. 57 label and right-of-way width shall be accurately
4 depicted on all sheets.
5 d) NSLRWCD Canal No. 71 label and right-of-way width shall be accurately
6 depicted on all sheets.
7 e) Existing right-of-way widths and proposed dedication for Shinn Road shall
8 be accurately depicted on all sheets.
9 f) Label and existing right-of-way width for Header Canal Road shall be
10 accurately depicted on all sheets.
11 g) Areas to be donated to the St. Lucie County Fire District shall be labeled as
12 "Donation in favor of SLCFD" on all sheets.
13 h) Approved street names shall be labeled on all sheets.
14 2. Prior to Final PUD approval, engineering drawings must specify RCP pipe to
15 be used under all roads.
16 3. Prior to Final PUD approval, all proposed turn lanes must meet FDOT design
17 requirements.
18 4. Prior to Final PUD approval, engineering cross sections for each canal
19 crossing must be provided and approved by the County Engineer.
20 5. Prior to Final PUD approval, all improvements in the public right-of-way
21 requiring drainage improvements shall be addressed by the project.
22 6. The proposed right-of-way donation for Shinn Road and Goldsmith Road shall
23 be conveyed within 60 days after PUD approval in a manner and form
24 acceptable to the County Attorney.
25 7. Within 90 days of Final PUD approval, the developer shall pay a fee in lieu of
26 construction of the 12-foot multiuse path on the east side of Shinn Road in the
27 amount of $49,870.
28 8. Prior to final plat approval, all improvements shall be constructed or bonded,
29 and all landscaping and mitigation associated with the project shall be
30 guaranteed by a separate bond and agreement.
31 9. Prior to Final PUD approval, the applicant .shall indicate the dimensions and
32 location of their smallest lot to ensure that the minimum lot size requirement is
33 met for the provision of well and septic.
34 10. Prior to Final PUD approval, all aspects of the required Developer's Agreement
35 between the Applicant and the Fire District shall be finalized.
36 11. Prior to Final PUD approval, the applicant shall show dimensions of each lot on
37 the site plan.
38 12. Prior to Final PUD approval, the applicant shall provide agreement for access
39 across the Canals 56, 57, and 58 from NSLRWCD.
40 13. Prior to Final PUD approval, the applicant shall indicate location on site plan of
41 any model homes, sales office, or construction trailer. Sales office and model
File No.: PUD-06-002 Resolution 10-024 Approved BOCC 01.19.10.docx
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1 homes have specific parking and landscaping requirements according to
2 Sections 8.02.02 E and 8.02.02 I of the Land Development Code.
3 14. Prior to Final PUD approval, the applicant must demonstrate that the bus
4 turnaround exit meets the minimum lane width requirement of 14 feet in order
5 to achieve adequate area for the bus turnaround and exit.
6 15. Prior to Final PUD approval the site plan shall be amended to depict the exact
7 location and boundaries of all portions of the site that comprise the required
8 open space as indicated in the site data of the preliminary PUD plans. As a
9 condition of Final PUD approval, and before issuance of any further building or
10 development permits, including without limitation any permit to clear or prepare
11 any portion of the subject site, the open space areas so depicted shall be
12 permanently use-restricted by duly recorded instruments that run with the land,
13 prepared to the reasonable satisfaction of the County Attorney and in
14 conformity with Section 7.01.03.1.2.c of the County's Land Development Code.
15 All open space areas in public or common ownership shall be use-restricted by
16 suitable conservation easement, covenant, or plat dedication legally sufficient
17 to bind all present and future owners of each parcel so restricted. All such
18 recorded instruments shall also run in favor of the County and shall provide
19 that they shall be enforceable by the County, acting alone at its option, by all
20 legal means, including without limitation enforcement pursuant to the County's
21 Code Enforcement ordinances. The Final PUD site plan and the recorded
22 instruments described above shall also contain a condition that restricts the
23 impervious area of each lot in accordance with the approved Preliminary PUD
24 site plan. All such restrictions shall also be noted prominently on the plat. Final
25 PUD documents shall also provide the size of all designated open space
26 areas, including individual lot open space.
27 16. Prior to Final PUD approval, compliance with the County's Adequate Public
28 Facilities Ordinance and issuance of a Certificate of Capacity are required.
29 Neither rights to obtain a final development order, nor any other rights to
30 develop the subject property, have been granted or implied by the County's
31 approval of this preliminary development order without compliance with all
32 other requirements for such development including without limitation the
33 Adequate Public Facilities provisions in the County's Code of Ordinances.
34 17. Prior to Final PUD approval for each phase and prior to a Certificate of
35 Capacity for each phase, the applicant shall comply with the concurrency
36 management rules in effect at the time of Final PUD approval and shall enter
37 into proportionate fair share agreements as warranted. Specifically, the
38 intersection of Kings Highway and Orange Avenue shall be analyzed for
39 impact and necessity of proportionate fair share contribution.
40 18. The recorded restrictive covenants for single-family lots and the Homeowners
41 Association documents for Shinn Road Equestrian Estates shall disclose the
42 location of the Save the Chimps sanctuary. These documents shall include:
43 a) A map or diagram of the area showing the sanctuary site and the master
44 plan of the development.
45 b) A reference to www.savethechimps.org for details on the sanctuary site.
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1 c) The following language: The sanctuary has the potential to create
2 intermittent noise that may be heard on the Property at any time of day or
3 night.
4 d) The following language: Section 828.27(7), Florida statutes, authorizes any
5 county or municipality "to enact ordinances prohibiting or regulating noise
6 from any domesticated animal" and also states that `This subsection shall
7 not apply to animals on land zoned for agricultural purposes." According to
8 the County, the Save the Chimps sanctuary operation is permitted under
9 the existing agricultural zoning.
10 These disclosures shall not be modified or deleted for as long as Save the
11 Chimps is in existence, and the sanctuary shall receive prior written notice from
12 the Homeowner's Association prior to any change to this condition.
13 19. Prior to final Planned Unit Development approval, the applicant has agreed to
14 convey to the County a ten (10) foot wide easement, in a form acceptable to
15 the County Attorney, along the south boundary of the Project, as shown on the
16 Preliminary Site Plan, for use as part of the County's Greenways and Trails
17 system.
18 20. The County has agreed to the following terms and conditions, pertaining to the
19 funding and construction of Greenways and Trails on the subject site:
20 a) The County will be responsible for funding and constructing all
21 improvements to the 10 foot easement, related to the Greenways and
22 Trails system, including canal crossings. The County shall not construct
23 the trail within the 10 foot easement without also constructing all necessary
24 infrastructure to make the trail accessible and usable to the public.
25 b) If the County constructs public trails along the 10 foot easement, then the
26 County shall construct a fence along the north boundary line of the 10 foot
27 easement so that public access to the Project is restricted. The fence shall
28 be a three board style horse fence or similar, in keeping with the character
29 of the Project. No barb wire or smooth wire fences shall be allowed. The
30 applicant shall have the right to provide access points through the fence at
31 the applicant's sole discretion.
32 c) In the event the County does not include the construction of a trail within
33 the 10 foot easement and the canal crossings in the County's Capital
34 Improvement Schedule within five (5) years from the date of Preliminary
35 PUD approval and does not complete trail and bridge construction within
36 seven (7) years from the date of Preliminary PUD approval, then the 10
37 foot easement shall be removed and the County will record all necessary
38 documents to remove the easement and return the unencumbered property
39 to the underlying land owner.
40 21. Prior to final Planned Unit Development approval, the spacing of littoral zone
41 plantings of cordgrass shall be decreased to at least 36" on-center, consistent
42 with the other proposed littoral plantings.
43 22. Prior to final Planned Unit Development approval, the applicant shall have
44 either performed caracara and any other appropriate listed species surveys in
45 accordance with US Fish and Wildlife Service (FWS) or Florida Fish and
46 Wildlife Conservation Commission (FWC) protocols, as applicable.
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1 ~ Alternatively, the applicant shall provide the Environmental Resources
2 Department with correspondence from FWS (for federally-listed species) and
3 FWC (for state-listed species), indicating that listed species surveys would not
4 be necessary for the site. If surveys are warranted, methods and results shall
5 be provided to the Environmental Resources. Department per Comprehensive
6 Plan Policy 8.1.12.5. In the event that surveys warrant site plan revisions
7 based on FWS or FWC recommendations, such revisions would require St.
8 Lucie County review and approval, as per the Land Development Code.
9 Nothing herein shall impact the applicant's ability to continue bona fide
10 agricultural activities on the property in accordance with federal, state, and
11 local laws.
12 23. The applicant will comply with any state and federal agency regulations and
13 requirements. Prior to issuance of a Vegetation Removal Permit or Exemption,
14 the applicant shall have obtained and provided the Environmental Resources
15 Department with copies of any required federal and state permits. If federal or
16 state agency compliance requires modification to the development plans, the
17 applicant will promptly modify the plans and submit to St. Lucie County for
18 review and approval as required by the Land Development Code. The
19 applicant will not use the County's development approval to prevent
20 compliance with any federal or state agency requirements. Nothing herein
21 shall impact the applicant's ability to continue bona fide agricultural activities
22 on the property in accordance with federal, state, and local laws.
23 24. Prior to any final plat approvals or approval of any Final Planned Unit
24 Development (PUD) extension requests, all invasive exotic vegetation located
25 within the subject area shall be removed. If the project is phased, exotic
26 removal shall be required for each phase prior to final plat .approvals or
27 approval of any Final PUD extension requests for the subject phase. Exotics
28 shall be removed along the entire length of all requested easements prior to
29 any Phase 1 final plat approvals or Phase 1 Final PUD extension requests.
30 25. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
31 shall finalize an improvement agreement acceptable to the Environmental
32 Resources Department covering the cost of all required landscaping, irrigation,
33 tree mitigation, tree relocation, and related improvements as shown in the site
34 plan. A copy of this agreement can be obtained by visiting the St. Lucie County
35 Environmental Resources Department website at:
36 http://www.stlucieco.org/erd/index.htm.
37 26. Prior to obtaining a Vegetation Removal Permit or Exemption for each lot, a
38 detailed development plan shall be submitted to determine compliance with
39 Land Development Code Section 6.00.05A&B as well as lot-level open space
40 requirements. Detailed development plans may include a site plan or building
41 plan, as required by the St. Lucie County Land Development Code, for the
42 area proposed for vegetation removal. Tree mitigation for the area proposed
43 for development shall be included and must be approved by the Environmental
44 Resources Department prior to issuance of the Vegetation Removal Permit or
45 Exemption.
46 27. Prior to Final PUD approval, the final site plan will reflect development as an
47 equestrian community with appropriate equestrian amenities, including but not
48 limited to: 1) the construction of an engineered riding arena; 2) riding trails as
File No.: PUD-06-002 Resolution 10-024 Approved BOCC 01.19.10.docx
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1 generally depicted on the preliminary site plan; 3) stabilized parking area
2, adjacent to the riding arena of sufficient size for several trucks with horse
3 trailers and cars; and 4) two run in type stalls with adjacent paddocks. All
4 equestrian amenities shall be constructed prior to issuance of the first building
5 permit for any residence.
6 28. Prior to Final PUD approval, the applicant shall indicate on the site plan that
7 the proposed community will not be gated.
8 29. Prior to Final PUD approval, the applicant shall amend the site plan to provide
9 an additional 70-foot rear setback on the lots along the west side of the
10 northern parcel, for a total of 100-foot rear setback.
11 30. Prior to Final PUD approval, the applicant shall indicate on the site plan that
12 the right-of-way of the north-south road be extended north to the southern
13 boundary of Goldsmith Road. A stabilized access shall be provided within this
14 right-of-way and extending west within the 35 feet being donated by the
li n f r th f ture ex ansion of Goldsmith Road.
15 app ca t o e u p
16
17 B. The property on which this site plan approval is being granted is described as follows:
18
19 PARCEL 1
20
21 THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39
22 EAST, LESS THE SOUTH 84 FEET AND LESS THE NORTH 56 FEET AND LESS A
23 STRIP OF LAND ON THE EAST SIDE BEING 60 FEET ON THE SOUTH LINE AND 79
24 FEET ON THE NORTH LINE AND LESS AND EXCEPT THE FOLLOWING:
25
26 COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF
27 SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
28 FLORIDA; RUN NORTH 00 DEGREES 23'10" WEST, ALONG THE QUARTER
29 SECTION LINE, A DISTANCE OF 2167.61 FEET TO THE POINT OF BEGINNING;
30 THENCE RUN NORTH 89 DEGREES 59'40" WEST, A DISTANCE OF 290 FEET;
31 THENCE RUN NORTH 00 DEGREES 23'10" WEST, A DISTANCE OF 170 FEET;
32 THENCE RUN SOUTH 89 DEGREES 59'40" EAST, A DISTANCE OF 290 FEET;
33 THENCE RUN SOUTH 00 DEGREES 23'10" EAST, A DISTANCE OF 170 FEET TO
34 THE POINT OF BEGINNING; SUBJECT TO A COUNTY OWNED RIGHT-OF-WAY
35 AS RECORDED IN DEED BOOK 114, PAGE 259, OF THE PUBLIC RECORDS OF
36 ST. LUCIE COUNTY, FLORIDA.
37
38 PARCEL 2
39
40 THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER TOGETHER WITH
41 THE SOUTH ONE-HALF OF SECTION 25, TOWNSHIP 35 SOUTH, RANGE 38
42 EAST, ST. LUCIE COUNTY, FLORIDA, LESS ROAD AND CANAL RIGHTS OF
43 WAYS.
44
45 (On the west side of Shinn Road, approximately 1.5 miles north of Okeechobee Road,
46 between NSLRWCD Canal No. 58 and NSLRWCD Canal No. 71.)
47
48 C. A copy of this Resolution shall be attached to the site plan drawings described in Part
49 A, which plan shall be placed on file with the St. Lucie County Growth Management
File No.: PUD-06-002 Resolution 10-024 Approved BOCC 01.19.10.docx
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1 ~ Director.
2
3 D. A copy of this Resolution shall be mailed, return receipt requested, to the developer
4 and agent of record as identified on the site plan applications.
5
6 E. This Resolution shall be recorded in the Public Records of St. Lucie County.
7
8 F. Preliminary Planned Unit Development approval shall expire on January 19, 2012.
9
10 After motion and second, the vote on this resolution was as follows:
11
12
13 Chairman Charles Grande NAY
14
15 Vice-Chairman Doug Coward NAY
16
17 Commissioner Chris Craft AYE
18
19 Commissioner Chris Dzadovsky AYE
20
21 Commissioner Paula A. Lewis AYE
22
23
24 PASSED AND DULY ADOPTED this 19th day of January, 2010.
25
26
27 ~A BOARD OF COUNTY COMMISSIONERS
28 ~tr~.~ ST. LUCIE COUNTY, FLORIDA
29 ry '~~:..~r t"~
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32 ~t ' Y
33 ai an
34
35 ~ g '
36 ATTEST APPRO ED AS TO FORM
37 AND' C RRECTNES
38 ~ ~ M
39
40
41 eputy Jerk ounty Attor y
42
43
File No.: PUD-06-002 Resolution 10-024 Approved BOCC 01.19.10.docx
1/20/2010 Page 8
Exhibit A
2 Map
3
PUD-06-002 Zoning
Stiles Development -Shinn Road Equestrian Estates
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4
File No.: PUD-06-002 Resolution 10-024 Approved BOCC 01.19.10.docx
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