HomeMy WebLinkAboutPDS-14-045 - Shinn Road 251 PUDPDS NO. 14-045
(File No. BCC 820144805
AN ORDER GRANTING A TWO-YEAR LAND DEVELOPMENT
CODE ADMINISTRATIVE EXTENSION TO SITE PLANS
PROVIDED BY SECTION 11.02.06(B)(4) TO THE
SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY
APPROVED PRELIMINARY PLANNED UNIT DEVELOPMENT
SITE PLAN FOR THE PROJECT KNOWN AS SHINN ROAD
251 PUD.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for development order extension timely submitted by Dennis F. O'Shea and in accordance
with the provisions of Section 11.02.06(B)(4) of the Land Development Code on behalf of S/Shinn
Road Property, Ltd., and has made the following determinations:
On, February 2, 2010, the St. Lucie County Board of County Commissioners granted
approval through Resolution No. 10-027 to the petition of Dennis O'Shea of Stiles
Development for the Preliminary Planned Unit Development Site Plan approval for the
project known as Shinn Road 251 PUD, on property located on the northeast corner of
Shinn Road and Okeechobee Road and more particularly described in Part B below.
2. On January 5, 2012, the Planning and Development Services Director in accordance with
Florida Statues 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 24, 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 extension
on August 25, 2014
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
File No.: BCC 820144805 SAINT LUCIE COUNTY IDS Order No. 14-045
FILE # 4020910 12/10/2014 at 09:23 AM
November 20, 2014 OR BOOK 3697 PAGE 1824 - 1832 Doc Type: ORD Page 1
RECORDING: $78.00
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 251 PUD Administrative Extension, dated
November 19, 2014.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director:
A. Pursuant to the provisions of Section 11.02.06(B)(4), the site plan approval for the project
known as Shinn Road 251 PUD has been found to be eligible for and consistent with the
provisions contained in administrative extension to site plans such that the approval
granted under Resolution No. 10-027 and further extended under PDS 12-003 is extended
to two years from its scheduled expiration date of December 24, 2014 and shall now expire
December 24, 2016, subject to the following conditions.
1. All previous conditions of approval to the subject property, as contained in
Resolution No. 10-027 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 Land Development Code and the
Board of County Commissioners, unless expressly modified herein.
2. Condition A-1 of Resolution 10-027, remains.
Prior to issuance of a Vegetation Removal Permit or Exemption for any portion of
the Shinn Road Planned Unit Development site, the developers, their successor
or assigns shall record an Open Space Management Plan either as part of the
homeowners' association documents or separately. The Open Space
Management Plan shall be approved by County staff and shall address the long-
term management and maintenance of common and private open spaces. The
approved Open Space Management Plan shall be provided to the County Attorney
for review and approval and shall include the homeowners' association
documents, if jointly recorded, along with an affidavit and a cashier's check,
payable to the Clerk of the Court for the appropriate recording fees.
3. Condition A-2 of Resolution 10-027, remains.
Prior to issuance of Vegetation Removal Permit or Exemption for any portion of
the shinn Road planned Unit Development site, the developers, their successor or
assigns shall provide a copy of the home owners; association documents to
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County staff for review. The homeowners' association documents shall not restrict
the use of common or private open space for bona fide agricultural activities. The
documents should include, at a minimum:
a. The rights and responsibilities of the homeowners' association for the
maintenance of the common open space;
b. The rights and responsibilities of individual lot owners for the maintenance
of the private open space; and
c. A reference to the Open Space Management Plan.
4. Condition A-3 of Resolution 10-027, remains.
Prior to Final Planned Unit Development approval, the applicant shall provide
County staff with proposed plans for dedication of common open space areas to a
public or acceptable private agency such as a homeowners' association via a plat
dedication. The dedication of common open space shall not contain restrictions
on the future use for bona fide agricultural activities.
5. Condition A-4 of Resolution 10-027, is hereby deleted.
6. Condition A-5 of Resolution 10-027, is hereby deleted.
7. Condition A-6 of Resolution 10-027, remains.
Prior to Final Planned Unit Development approval, the applicant shall convey to
the County a ten (10) foot wide easement, in a form acceptable to the County
Attorney, along the north and east boundaries of the project as shown on the
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November 20, 2014 Page 3
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7. Condition A-6 of Resolution 10-027, remains.
Prior to Final Planned Unit Development approval, the applicant shall convey to
the County a ten (10) foot wide easement, in a form acceptable to the County
Attorney, along the north and east boundaries of the project as shown on the
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November 20, 2014 Page 3
Preliminary Site Plan for use as part of the County's Greenways and Trails system.
8. Condition A-7 of Resolution 10-027, is hereby replaced with the following.
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 must be obtained before
commencement of the development.
9. Condition A-8 of Resolution 10-027, remains.
Prior to Final Planned Unit development approval, the applicant shall provide a
detailed littoral/shallow water and upland buffer planting plan, including the sizes,
quantities, and proposed spacing of each species.
10. Condition A-9 of Resolution 10-027, 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 constructing 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 infrastructure to make the
trail accessible and unable to the public.
b. If the County constructs public trails along the 10 -foot easement, then the
County shall construct a fence along the boundary line of the 10 -foot easement
so that public access to the Project is restricted. The fence shall be a three
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November 20, 2014 Page 4
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.
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 of 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.
11. Condition A-10 of Resolution 10-027, 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 private 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 for the Vegetation Removal Permit or
Exemption.
12. Condition A-11 of Resolution 10-027, 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
request 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.
13. Condition A-12 of Resolution 10-027, remains.
Pursuant to Chapter 11.04 of the St. Lucie County Land Development Code, the
applicant shall either construct or bond all required improvements prior to
recordation of the final plat. If the applicant chooses to bond the required
improvements, a Subdivision Improvement Agreement shall be required. The final
plat shall not be recorded until the BOCC approves the Subdivision Improvement
Agreement. A copy of the standard "Agreement" can be obtained from the St.
Lucie County Public Works Department website.
14. Condition A-13 of Resolution 10-027, remains.
Within 90 days of Final Planned Unit Development approval, the applicant shall
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convey the required road right of way for Shinn Road. The 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. Pursuant to Chapter
7.05.03 of the St. Lucie County Land Development Code, the applicant may be
grated credits against road impact fees.
15. Condition A-14 of Resolution 10-027, remains.
Within 90 days of Final Planned Unit Development approval, the developer shall
pay a fee in lieu of construction of the 12- foot wide multi -use path on the east side
of Shinn Road in the amount of $100,163.45.
16. Condition A-15 of Resolution 10-027, remains.
Prior to Final Planned Unit Development 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 PUD approval and shall enter into proportionate fair share
agreements as warranted. Specifically, the Kings Highway and Orange Avenue
intersection shall be analyzed for impact and necessity of proportionate fair share
contribution. The applicant may receive future road impact fee credit for fair share
mitigation in accordance with applicable codes.
17. Condition A-16 of Resolution 10-027, remains.
Prior to Final Planned Unit Development approval the applicant shall provide
copies of FDOT access permits.
18. Condition A-17 of Resolution 10-027, remains.
The Final Planned Unit Development site plan graphics shall indicate the
dimensions and location of their smallest lot to ensure that the minimum lot size
requirement is met for the provision of well and septic.
19. Condition A-18 of Resolution 10-027, remains.
The Final Planned Unit Development site plan graphics shall indicate that the
development will not be gated.
20. Condition A-19 of Resolution 10-027, remains.
Prior to Final Planned Unit Development approval, the following corrections shall
be made and shown consistently on all site and engineering plans:
a. Shinn Road right-of-way must be clearly labeled in two places on
Preliminary Engineering Plan Sheet 1 of 3, and
b. FPL Easement ORB & Page shall be clearly labeled on Preliminary PUD
sheet S1-3.
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21. Condition A-20 of Resolution 10-027, remains.
The Neighborhood Commercial area shown on the preliminary site plan shall be
changed to "tract A" and shall have no development use assigned to it as part of
Preliminary Planned Unit Development Approval. The proposed use of Tract A
shall be identified at the time of Final Planned Unit Development submission. If
Tract A is proposed to be used for neighborhood commercial, then the need for a
neighborhood commercial use on this site must be supported by a needs
justification submitted by the developer, or based on the results of the County's
Western Lands Study or other study undertaken by the County.
22. Condition A-21 of Resolution 10-027, remains.
The Final Planned Unit Development site plan shall depict the location of all
portions of the open space as depicted on the Preliminary Planned Unit
Development plans. At the time of building permit issuance for each lot, the
location of open space within private lots may be modified by the lot owner in
accordance with procedures and limitations outlined in the Land Development
Code for Minor adjustments. The maximum impervious area shall not be
exceeded and minimum open space requirements must be satisfied.
23. Condition A-22 of Resolution 10-027, remains.
Prior to final plat approval, areas along Okeechobee Road designated for future
development shall be labeled as such and included within the overall boundaries
of the land to be platted. Future development areas shall be shown on the plat as
Tract A and Tract B. separate from the Shinn Road 251 PUD.
24. Condition A-23 of Resolution 10-027, remains.
Prior to Final Planned Unit Development approval, the buildable area of Each lot
shall be dimensioned at each border from its parallel lot line
25. Condition A-24 of Resolution 10-027, remains.
All restrictions on open space within private lots shall be recorded in the public
Records of St. Lucie County, Florida and shall be provided to potential buyers at
the Agreement of Sale.
26. Condition A-25 of Resolution 10-027, remains.
Prior to Final Planned Unit Development approval, the applicant shall make the
following revisions to the Preliminary PUD site plan: total lot county shall be
reduced to 45, open space shall be maintained at a total of 80% outside of the
neighborhood Commercial/Tract A area, a gazebo shall be added on the north side
of the site adjacent to Lake a, a tot lot shall added near the center of the site, and
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a community park shall be shown on the south side of the site.
B. The property on which this development order extension is being granted is described as
follows:
LEGAL DESCRIPTION:
31 35 39 FROM SE COR OF NE 1/4 RUN N ALG SEC LI 1108 FT, TH W 30 FT FOR
POB, TH N 0 DEG 17 MIN E // TO E SEC LI 903.7 FT, TH N 61 DEG 33 MIN W108.8FT
,THN47DEG 32MIN W605.4FT, THN64DEG 43MIN W179.6FT, THS89DEG 47
MIN W 456.7 FT TO PT 1478 FT E OF W LI OF NE 1/4 OF SEC, THS 0 DEG 09 MIN W
// WITH AND 1478 FT E OF SD W LI OF NE 1/4 1443. 6 FT TO PT 1108 FT N OF S LI
OF NE 1/4 OF SEC, TH N 89 DEG 47 MIN E 11 60.94 FT TO POB AND E 1448 FT OF
W 1478 FT OF NE 1/4 - LESS N 84 FT AND LESS S 43 FT AND LESS W 33 FT SHINN
RD R/W AND LESS CANAL — GROVE #5 (117.86 AC)
31 35 39 W 1545.2 FT OF SE 1/4 LYG N OF OKEE RD — LESS W 33 FT SHINN RD RNV
AND CANALS AND LESS OKEE RD WIDENING AS IN OR 330-430 AND OR 1790 -2797 -
GROVE #2 (76.12 ac)
31 35 39 E 1103 FT OF SE 1/4 LYG N OF OKEE RD -LESS CANAL -AND N 1065 FT OF
S 1108 FT OF E 1190.94 FT OF SE 1/4 OF NE 1/4 AND E 30 FT OF NE 1/4 LYG S OF
DITCH 58 — LESS S 1108 FT AND LESS OKEE RD WIDENING AS IN OR 321-280 AND
OR 1790-2797-(55.61 AC)
32 35 39 THAT PART OF W 1/2 OF SW 1/4 LYG N AND W OF OKEE RD — LESS CANAL
AND LESS OKEE RD WIDENING AS IN OR 321-280 AND OR 1790-2797 (3.63 AC)
Parcel ID #'s:2331-111-0002-000/8. 2331-420-0000-000/3, 2331-140-0000-000/4, and
2332-322-0000-000/5
C. This Preliminary Planned Unit Development Site Plan approval administrative extension
shall expire on December 24, 2016, unless a Final Planned Unit Development has been
approved or an extension has been granted in accordance with Section 11.02.06, St. Lucie
County Land Development Code.
D. 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.
E. A copy of this administrative extension shall be placed on file with the St. Lucie County
Planning and Development Services Director.
F. This order shall be recorded in the Public Records of St. Lucie County.
File No.: BCC 820144805 PDS Order No. 14-045
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This ORDER is effective the 20th day of November, 2014
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Mark Satterlee, AICP
APPROVED AS TO FORM
AND CORRECTNESS:
Lap
G:\Planning\PROJECT FILES\Shinn Road 251 PUD
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