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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4012712 1111212014 at 02:24 PM
OR BOOK 3689 PAGE 1283 - 1292 Doc Type: ORD
RECORDING: $86.50
PDS 14-041
FILE NO.: BCC 820144804
AN ORDER GRANTING A TWO-YEAR LAND
DEVELOPMENT CODE ADMINISTRATIVE EXTENSION TO
SITE PLANS PROVIDED BY SECTION 11.02.06(8)(4) TO
THE SCHEDULED EXPIRATION DATE TO THE
PREVIOUSLY APPROVED PRELIMINARY PLANNED UNIT
DEVELOPMENT SITE PLAN FOR THE PROJECT KNOWN
AS SHINN ROAD EQUESTRIAN ESTATES.
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 Evans Properties, Inc. and S/St Lucie Property, LTD and has made the following
determinations:
1. On January 19, 2010, the Board of County Commissioners granted approval through
Resolution No. 10-024 the petition for the Preliminary Planned Unit Development Site
Plan for the project known as Shinn Road Equestrian Estates. The project consists of
106 single family home lots on 532 acres located on the west side of Shinn Road,
approximately 1.5 miles north of Okeechobee Road, between NSLRWCD Canal No. 58
and NSLRWCD Canal No. 71.
2. On January 11, 2012, the Planning and Development Services Director in accordance
with Florida Statutes State of Emergency Act and Community Renewal Act authorized
a site plan extension that extended the approval of this project for two years, ten months,
and twenty two days and is scheduled to expire December 10, 2014.
3. 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.
4. 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.
5. 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
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. The applicant submitted the request for an administrative
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November 5, 2014
PDS 14-041
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extension on August 18, 2014.
6. Further, pursuant to Section 11.02.06, the request for the Land Development Code
administrative extension must be reviewed by Planning and Development Services
Department, Environmental Resources Department and found not to be in significant
noncompliance with the original St. Lucie County development order granting approval.
7. Planning Staff and Environmental Resources Department 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 Shinn Road Equestrian Estates PUD Administrative
Extension, dated November 5, 2014.
NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Planning and Development
Services of St. Lucie County, Florida:
A. Pursuant to the provisions of Section 11.02.06(6)(4), the Site Plan approval for the
project known as Shinn Road Equestrian Estates 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. 10-024 and further extended under PDS
12-003 is extended for two years from its scheduled expiration date of December 10,
2014 and shall now expire December 10, 2016, subject to the following conditions:
1. All previous conditions of approval to the subject property, as contained in
Resolution No. 10-024 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-1 of Resolution 10-024, remains.
Prior to Final PUD approval, the following corrections shall be made and shown
consistently on all site and engineering plans:
a. NSLRWCD Canal No. 56 label and right-of-way width shall be accurately
depicted on all sheets.
b. NSLRWCD Canal No. 58 label and right-of-way width shall be accurately
depicted on all sheets.
c. NSLRWCD Canal No. 57 label and right-of-way width shall be accurately
depicted on all sheets.
d. NSLRWCH Canal No. 71 label and right-of-way width shall be accurately
depicted on all sheets.
e. Existing right-of-way widths and proposed dedication for Shinn Road shall be
accurately depicted on all sheets.
f. Label and existing right-of-way width for header Canal Road shall be accurately
depicted on all sheets.
g. Areas to be donated to the St. Lucie County Fire District shall be labeled as
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"Donation in favor SLCFD" on all sheets.
h. Approved street names shall be labeled on all sheets.
3. Condition A-2 of Resolution 10-024, remains.
Prior to final PUD approval, engineering drawings must specify RCP pipe to be used
under all roads.
4. Condition A-3 of Resolution 10-024, remains.
Prior to Final PUD approval, all proposed turn lanes must meet FDOT design
requirements.
5. Condition A-4 of Resolution 10-024, remains,
Prior to Final PUD approval, engineering cross sections for each canal crossing must
be provided and approved by the County Engineer.
6. Condition A-5 of Resolution 10-024, remains.
Prior to Final PUD approval, all improvements in the public right-of-way requiring
drainage improvements shall be addressed by the project.
7. Condition A-6 of Resolution 10-024, remains.
The proposed right-of-way donation for Shinn Road and Goldsmith Road shall be
conveyed within 60 days after PUD approval in a manner and form acceptable to the
County Attorney.
8. Condition A-7 of Resolution 10-024, remains.
Within 90 days of Final PUD approval, the developer shall pay a fee in lieu of
construction of the 12 -foot multiuse path on the east side of Shinn Road in the
amount of $49,870.
9. Condition A-8 of Resolution 10-024, remains.
Prior to final plat approval, all improvements shall be constructed or bonded, and all
landscaping and mitigation associated with the project shall be guaranteed by a
separate bond and agreement.
10. Condition A-9 of Resolution 10-024, remains.
Prior to Final PUD approval, the applicant shall indicate the dimensions and location
of their smallest lot to ensure that the minimum lot size requirement is met for the
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provision of well and septic.
11. Condition A-10 of Resolution 10-024, remains.
Prior to Final PUD approval, all aspects of the required Developer's Agreement
between the Applicant and the Fire District shall be finalized.
12. Condition A-11 of Resolution 10-024, remains.
Prior to Final PUD approval, the applicant shall show dimensions of each lot on the
site plan.
13. Condition A-12 of Resolution 10-024, remains.
Prior to Final PUD approval, the applicant shall provide agreement for access across
the Canals 56, 57, and 58 from NSLRWCD.
14. Condition A-13 of Resolution 10-024, remains.
Prior to final PUD approval, the applicant shall indicate location on site plan of any
model homes, sales office, or construction. Sales office and model homes have
specific parking and landscaping requirements according to Sections 8.02.02 E and
8.02.021 of the Land Development Code.
15. Condition A-14 of Resolution 10-024, remains.
Prior to Final PUD approval, the applicant must demonstrate that the bus turnaround
exit meets the minimum lane width requirement of 14 feet in order to achieve
adequate area for the bus turnaround and exit.
16. Condition A-15 of Resolution 10-024, remains.
Prior to Final PUD approval the site plan shall be amended to depict the exact
location and boundaries of all portions of the site that comprise the required open
space as indicated in the site data of the preliminary PUD plans. As a condition of
Final PUD approval, and before issuance of any further building or development
permits, including without limitation any permit to clear or prepare any portion of the
subject site, the open space areas so depicted shall be permanently use restricted
by duly recorded instruments that run with the land, prepared to the reasonable
satisfaction of the County Attorney and in conformity with Section 7.01.03.1.2c of the
County's Land Development Code. All open space areas in public or common
ownership shall be use -restricted by suitable conservation easement, covenant, or
plat dedication legally sufficient to bind all present and future owners of each parcel
so restricted. All such recorded instruments shall also run in favor of the County and
shall provide that they shall be enforceable to the County, acting alone at its option,
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by all legal means, including without limitation enforcement pursuant to the County's
Code Enforcement ordinances. The Final PUD site plan the recorded instruments
described above shall also contain a condition that restricts the impervious area of
each lot in accordance with the approved Preliminary PUD site plan. All such
restrictions shall also be noted prominently on the plat. Final PUD documents shall
also provide the size of al designated open space areas, including individual lot open
space.
17. Condition A-16 of Resolution 10-024, remains.
Prior to Final PUD approval, compliance with the county's Adequate Public Facilities
Ordinance and issuance of a Certificate of Capacity are required. Neither rights to
obtain a final development order, nor any other rights to develop the subject property,
have been granted or implied by the County's approval of this preliminary
development order with compliance with all other requirements for such
development including without limitation the Adequate Public Facilities provisions in
the County's Code of Ordinances.
18. Condition A-17 of Resolution 10-024, remains.
Prior to Final PUD approval for each phase and prior to a Certificate of Capacity for
each phase, the applicant shall comply with the concurrency management rules in
effect at the time of Final PUD approval and shall enter into proportionate fair share
agreements a warranted. Specifically, the intersection Kings Highway and Orange
Avenue shall be analyzed for impact and necessity of proportionate fair share
contribution.
19. Condition A-18 of Resolution 10-024, remains.
The recorded restrictive covenants for single-family lots and the Homeowners
Association documents for Shinn Road Equestrian Estates shall disclose the
location of the Save the Chimps sanctuary. These documents shall include:
a. A map or diagram of the area showing the sanctuary site and the master plan of
the development
b. A reference to www.savethechimp.org for details on the sanctuary site.
c. The following language. The sanctuary has the potential to create intermittent
noise that may be heard on the Property at any time of day or night,
d. The following Section 828.27(7), Florida Statutes, authorizes any county or
municipality "to enact ordinances prohibiting or regulating noise from ay
domesticated animal" and also states that "This subsection shall not apply to
animals on land zoned for agricultural purposes," According to the County, the
Save the Chimps sanctuary operation is permitted under the existing agricultural
zoning.
These disclosures shall not be modified or deleted for as long as Save the Chimps
is in existence, and the sanctuary shall receive prior written notice from the
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Homeowner's Association prior to any change to this condition.
20. Condition A-19 of Resolution 10-024, remains.
Prior to final Planned Unit Development, approval, the applicant has agreed to
convey to the County a ten (10) foot wide easement, in a form acceptable to the
County Attorney, along the south boundary of the Project, as shown on the
Preliminary Site Plan, f for use as part of the county Greenways and Trails system.
21. Condition A-20 of Resolution 10-024, remains.
The County has agreed to the following terms and conditions, pertaining to the
funding and construction of Greenways and Trails on the subject site:
a. The County will be responsible for funding and construction all improvements to
the 10 foot easement, related to the Greenways and Trails system, including
canal crossings. The County shall not construct the trail within the 10 foot
easement without also constructing all necessary infrastructures to make the trail
accessible and usable to the public.
b. If the County constructs public trails along the 10 foot easement, then the County
shall construct a fence along the north boundary line of the 10 foot easement so
that public access to the Project is restricted. The fence shall be a three board
style horse fence or similar, in keeping with the character of the Project. No barb
wire or smooth wire fences shall be allowed. The applicant shall have the right
to provide access points through the fence at the applicant's sole discretion.
c. In the event the County does not include the construction of a trail within the 10
foot easement and the canal crossings in the County's capital Improvement
Schedule within five (5) years from the date of Preliminary PUD approval and
does not complete trail and bridge construction within seven (7) years from the
date pf Preliminary PUD approval, then the 10 foot easement shall be removed
and the County will record all necessary documents to remove the easement
and return the unencumbered property to the underlying land owner.
22. Condition A-21 of Resolution 10-024, remains.
Prior to the final planned Unit Development approval, the spacing of littoral zone
plantings of cord grass shall be decreased to at least 36" on -center, consistent with
the other proposed littoral plantings.
23. Condition A-22 of Resolution 10-024, is deleted.
File No.: BCC 820144804
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24. Condition A-23 of Resolution 10-024, is amended as follows.
The issuance of County development permit does not in any way create any rights
on the part of the applicant to obtain a permit from a state or federal agency and
does not create any liability on the part of the County if the applicant fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
All other applicable state or federal permits including but not limited to Florida Fish
and Wildlife and Florida Fish and Wildlife Conservation Commission must be
obtained before commencement of the development.
25. Condition A-24 of Resolution 10-024, remains.
Prior to any final plat approvals or approval of any Final Planned Unit Development
(PUD) extension requests, all invasive exotic vegetation located within the subject
area shall be removed. If the project is phased, exotic removal shall be required for
each phase prior to final plat approvals or approval of any Final PUD extension
requests for the subject phase. Exotics shall be removed along the entire length of
all requested easements prior to any Phase 1 final plat approvals or Phase 1 Final
PUD extension requests.
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26. Condition A-25 of Resolution 10-024, is deleted.
27. Condition A-26 of Resolution 10-024, remains.
Prior to obtaining a Vegetation Removal Permit or Exemption for each lot, a detailed
development plan shall be submitted to determine compliance with Land
Development Code Section 6.00.05A&B as well as lot -level open space
requirements. Detailed development plans may include a site plan or building plan,
as required by the St. Lucie County Land Development Code, for the area proposed
for vegetation removal. Tree mitigation for the area proposed for development shall
be included and must be approved by the Environmental Resources Department
prior to issuance of the Vegetation Removal Permit or Exemption.
28. Condition A-27 of Resolution 10-024, remains.
Prior to Final PUD approval, the final site plan will reflect development as an
equestrian community with appropriate equestrian amenities, including but not
limited to: 1) the construction of an engineered riding arena; 2) riding trails as
generally depicted on the preliminary site plan; 3) stabilized parking area adjacent
to the riding arena of sufficient size for several trucks with horse trailers and cars;
and 4) two run in type stalls with adjacent paddocks. All equestrian amenities shall
be constructed prior to issuance of the first building permit for any residence.
29. Condition A-28 of Resolution 10-024, remains.
Prior to final PUD approval, the applicant shall indicate on the site plan that the
proposed community will not be gated.
Prior to Final PUD approval, the applicant shall amend the site plan to provide an
additional 70 -foot rear setback on the lots along the west side of the northern parcel,
for a total of 100 -foot rear setback.
31. Condition A-30 of Resolution 10-024, remains.
Prior to Final PUD approval, the applicant shall indicate on the site plan that the
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right-of-way of the north -south road be extended north to the southern boundary of
Goldsmith road. A stabilized access shall be provided within this right-of-way and
extending west within the 35 feet being donated by the applicant for the future
expansion of Goldsmith Road.
B. The property on which this administrative extension is being approved is described as
follows:
LEGAL DESCRIPTION:
PARCELI
THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 3�
EAST, LESS THE SOUTH 84 FEET AND LESS THE NORTH 56 FEET AND LESS A
STRIP OF LAND ON THE EAST SIDE BEING 60 FEET ON THE SOUTH LINE AND 7S
FEET ON THE NORTH LINE AND LESS AND EXCEPT THE FOLLOWING:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF
SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA; RUN NORTH 00 DEGREES 23`10 WEST, ALONG THE QUARTER
SECTION LINE, A DISTANCE OF 2167.61 FEET TO THE POINT OF BEGINNING;
THENCE RUN NORTH 89 DEGREES 59`40" WEST, A DISTANCE OF 290 FEET;
THENCE RUN NORTH 00 DEGREES 23`10" WEST, A DISTANCE OF 170 FEET;
THENCE RUN SOUTH 89 DEGREES 59`40" EAST, A DISTANCE OF 290 FEET;
THENCE RUN SOUTH 00 DEGREES 23'10" EAST, A DISTANCE OF 170 FEET TO
THE POINT OF BEGINNING; SUBJECT TO A COUNTY OWNED RIGHT-OF-WAY
AS RECORDED IN DEED BOOK 114, PAGE 259, OF THE PUBLIC RECORDS OF
ST. LUCIE COUNTY, FLORIDA.
THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER TOGETHER WITH
THE SOUTH ONE-HALF OF SECTION 25, TOWNSHIP 35 SOUTH, RANGE 38
EAST, ST. LUCIE COUNTY, FLORIDA, LESS ROAD AND CANAL RIGHTS OF
WAYS.
Location: west side of Shinn Road, approximately 1.5 miles north of Okeechobee Road,
between NSLRWCD Canal No. 58 and NSLRWCD Canal No. 71,
Parcel ID Numbers: 2330-300-0000-000/1 and 2225-111-0002-000/2
C. This Preliminary Planned Unit Development Site Plan approval administrative extension
shall expire on December 10, 2016, unless a Final Planned Unit Development has been
File No.: BCC 820144804
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PDS 14041
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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 as granted by this administrative extension. If any condition set forth in the
resolution is determined to be invalid or unenforceable for any reason and the developer
declines to comply voluntarily with that condition, the site plan 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.
G. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 5th day of November, 2014.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY
-]A
,z� Ir
Mark S rlee, AICP, Director
APPROVED AS TO FORM
AND CORRECTNESS:
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