HomeMy WebLinkAboutPDS-17-038 - Shinn Road Equestrian Estates Preliminary PUDIOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
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PDS ORDER17-038
PILE NO.: EDO 620175149
AN ORDER GRANTING A STATUTORY EXTENSION
PROVIDED BY FLORIDA STATUTES SECTION 252.363 TO
THE APPROVED PLANNED UNIT DEVELOPMENT FOR
THE PROJECT KNOWN AS SHINN ROAD EQUESTRIAN
ESTATES PRELIMINARY PUD.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the request for an extension timely submitted on behalf of Evans Properties, Inc. and S/St Lucie
Property, LTD and has made the following determinations:
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 North St. Lucie River
Water Control District (NSLRWCD) Canal No. 58 and NSLRWCD Canal No. 71 within
the AG -5 (Agricultural •- 5) Zoning District.
2. On January 11, 2012, the Planning and Development Services Director in accordance
with Florida Statutes Section 252.363 State of Emergency Act and Community Renewal
Act authorized a site plan extension that expired on December 10, 2014.
3. On November 5, 2014, the Planning and Development Services Director granted a two
year Land Development Code administrative extension in accordance with Section
11.02.06(B)(4) that expired on December 10, 2016.
4. On February 9, 2016, the Planning and Development Services Director authorized a
statutory extension under Executive Order 15-173 further extending the expiration date
to August 10, 2017.
5. On July 8, 2016, the Planning and Development Services Director in accordance with
Florida Statutes (F.S.) Section 252.363 of the State of Emergency Executive Order (EO)
16-59 authorized a site plan extension scheduled to expire on April 10, 2018.
6. On December 28, 2016, the Planning and Development Services Director in accordance
with Florida Statutes (F.S.) Section 252.363 of the State of Emergency Executive Order
(EO) 16-155, 16-204 and 16-230 authorized a site plan extension scheduled to expire
on October 10, 2019.
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7. On April 11, 2017, Florida Governor Rick Scott issued Executive Order (EO) No. 17-120
declaring a State of Emergency for Florida due to the threat of wildfires caused by severe
droughts conditions.
8. On May 3, 2017, Florida Governor Rick Scott issued Executive Order (EO) No. 17-146
declaring a State of Emergency for the State of Florida due to the server threat of Opioid
Epidemic.
9. 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.
10. 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 June 12, 2017.
11. 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 Equestrian Estates
Preliminary PUD EO 17-120 and 17--146, dated October 4, 2017.
NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Planning and Development
Services of St. Lucie County, Florida:
A. Pursuant to Section 252.363 Florida Statutes of the State of Emergency Act the approval
for the project known as Shinn Road Equestrian Estates Preliminary PUD has been
found to be eligible for a statutory extension. The approval granted under PDS Order
17-002 is extended for 16 months and is now scheduled to expire February 10, 2021,
for the property described in Part B, is hereby approved with the following conditions:
All previous conditions of approval to the subject property, as contained in Resolution
No. 10-024 have been consolidated as contained herein.
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
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depicted on all sheets.
g. Areas to be donated to the St. Lucie County Fire District shall be labeled as
"Donation in favor SLCFD" on all sheets.
h. Approved street names shall be labeled on all sheets.
2. Prior to final PUD approval, engineering drawings must specify RCP pipe to be used
under all roads.
3. Prior to Final PUD approval, all proposed turn lanes must meet FDOT design
requirements.
4. Prior to Final PUD approval, engineering cross sections for each canal crossing must
be provided and approved by the County Engineer.
5. Prior to Final PUD approval, all improvements in the public right-of-way requiring
drainage improvements shall be addressed by the project.
6. 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.
7. Within 90 days of Final PUD approval, the developer shall pay a fee in lieu of
construction of the 12 -foot multi -use path on the east side of Shinn Road in the
amount of $49,870.
8. 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.
9. 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
provision of well and septic.
10. Prior to Final PUD approval, all aspects of the required Developer's Agreement
between the Applicant and the Fire District shall be finalized.
11. Prior to Final PUD approval, the applicant shall show dimensions of each lot on the
site plan.
12. Prior to Final PUD approval, the applicant shall provide agreement for access across
the Canals 56, 57, and 58 from NSLRWCD.
13. Prior to final PUD approval, the applicant shall indicate the location on the 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
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E and 8.02.021 of the Land Development Code.
14. 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.
15. 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 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,
by all legal means, including without limitation enforcement pursuant to the County's
Code Enforcement ordinances. The Final PUD site plan and 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 all designated open space areas, including
individual lot open space.
16. 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.
17. 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 as warranted. Specifically, the intersection of Kings Highway and
Orange Avenue shall be analyzed for impact and necessity of proportionate fair
share contribution.
18. 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:
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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
Homeowner's Association prior to any change to this condition.
19. 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 Pian, for use as part of the County Greenways and Trails system.
20. 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 of 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 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.
21. 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.
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22. 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.
23. 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.
24. 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.
25. 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.
26. Prior to final PUD approval, the applicant shall indicate on the site plan that the
proposed community will not be gated.
27. 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.
28. Prior to Final PUD approval, the applicant shall indicate on the site plan that the
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
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extending west within the 35 feet being donated by the applicant for the future
expansion of Goldsmith Road.
B. The property on which this extension is being approved is described as follows:
LEGAL DESCRIPTION:
PARCELI
THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39
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
79 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°23'10" WEST, ALONG THE QUARTER SECTION LINE,
A DISTANCE OF 2167.61 FEET TO THE POINT OF BEGINNING; THENCE RUN
NORTH 8959'40" WEST, A DISTANCE OF 290 FEET; THENCE RUN NORTH
00°23'10" WEST, A DISTANCE OF 170 FEET; THENCE RUN SOUTH 89°59'40"
EAST, A DISTANCE OF 290 FEET; THENCE RUN SOUTH 00°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
PARCEL 2
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: 2330-300-0000-00011 and 2225-111-0002-00012
C. This Preliminary Planned Unit Development Site Plan statutory extension shall expire
on February 10, 2021, 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.
E. The conditions set forth in Part A are an integral non -severable part of the site plan
approval as granted by this extension. If any condition set forth in the resolution is
determined to be invalid or unenforceable for any reason and the developer declines to
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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.
ORDER effective the 4th day of October, 2017.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTRY, FLORIDA
APPROVED AS TO FORM
AND CORRECTNESS:
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