HomeMy WebLinkAboutPDS-16-013 - Shinn Road 251 Preliminary PUDJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4163640 02/25/2016 at 02:06 PM
OR BOOK 3840 PAGE 1378 - 1384 Doc Type: ORD
RECORDING: $61.00
PDS NO. 16-013
(File No. BCC 120164969
AN ORDER GRANTING A STATUTORY EXTENSION
PROVIDED BY FLORIDA STATUTES SECTION 252.363 TO
THE APPROVED PLANNED UNIT DEVELOPMENT SITE
PLAN FOR THE PROJECT KNOWN AS SHINN ROAD 251
PRELIMINARY PUD.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for development order extension timely submitted by Thomas M. Bluth 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 the petition for the Preliminary Planned Unit
Development Site Plan 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 November 20, 2014, the Director of Planning and Development Services granted a
two year Land Development Code administrative extension in accordance with Section
11.02.06(B)(4) that is due to expire on December 24, 2016.
4. On August 28, 2015, Florida Governor Rick Scott issued Executive Order (EO) No: 15-
173 declaring a State of Emergency for Florida due to the threat of Tropical Storm Erika.
5. Section 252.363 Florida Statutes provides that any local government issued development
order or permit may be extended from the period remaining for the duration of the
emergency declaration plus six months.
6. Section 252.363 Florida Statutes requires that a specific written notice be filed with the
issuing authority within ninety days after the termination of the declaration of emergency.
The applicant applied for this extension on December 23, 2015.
7. Planning Staff performed an analysis of the project and determined that the extension is
consistent with all the original St. Lucie County development orders granting approval.
The analysis is found in the memorandum titled Shinn Road 251 Preliminary PUD E015-
173 Extension, dated February 9, 2016.
File No.: BCC 120164969 PDS Order No. 16-013
February 9, 2016 Page 1
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director:
A. Pursuant to Section 252.363 Florida Statutes of the State of Emergency Act the approval
for the project known as Shinn Road 251 PUD has been found to be eligible for a statutory
extension. The approval granted under Resolution No. 10-027 is extended from its
scheduled expiration date of December 24, 2016 and shall now expire August 24, 2017,
subject to the following conditions.
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. 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. 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
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. 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.
File No.: BCC 120164969 PDS Order No. 16-013
February 9, 2016 Page 2
5. 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
Preliminary Site Plan for use as part of the County's Greenways and Trails system.
6. 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.
7. 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.
8. 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
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 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.
9. 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.O5A&B as well as private open space
requirements. Detailed development plans may include a site plan or building plan,
File No.: BCC 120164969 PDS Order No. 16-013
February 9, 2016 Page 3
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.
10. 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.
11. 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.
12. Within 90 days of Final Planned Unit Development approval, the applicant shall
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.
13. 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.
14. 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.
15. Prior to Final Planned Unit Development approval the applicant shall provide
copies of FDOT access permits.
File No.: BCC 120164969 PDS Order No. 16-013
February 9, 2016 Page 4
16. 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.
17. The Final Planned Unit Development site plan graphics shall indicate that the
development will not be gated.
18. 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.
19. 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.
20. 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.
21. 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.
22. Prior to Final Planned Unit Development approval, the buildable area of Each lot
shall be dimensioned at each border from its parallel lot line
23. 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.
File No.: BCC 120164969 PDS Order No. 16-013
February 9, 2016 Page 5
24. 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
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 H 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
H 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 RNV 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 statutory extension shall expire on
August 24, 2017, 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 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.
File No.: BCC 120164969 PDS Order No. 16-013
February 9, 2016 Page 6
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 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.
This ORDER is effective the 9th day of February, 2016.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Leslie Olson, AICP Director
APPROVED AS TO FORM
AND COftECTNESS:
County Attorney
Lap
G:\Planning\PROJECT FILES\Shinn Road 251 PUD
File No.: BCC 120164969
February 9, 2016
PDS Order No. 16-013
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