HomeMy WebLinkAboutPDS-17-037 - Shinn Road 251 Preliminary PUDPDS NO. 17-037
File No. EDO 620175150
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:
1. 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
pian extension that extended the approval of this project for two years, ten months, and
twenty two days and was scheduled to expire December 24, 2014.
3. On November 20, 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) extending the site plan expiration date to December 24, 2016.
4. On February 9, 2016, the Planning and Development Services Director authorized a
statutory extension in accordance with Florida Statutes Section 252.363 under Executive
Order No. 15-173 extending the site plan expiration date to August 24, 2017.
5. On July 7, 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 24, 2018.
6. On January 4, 2017, the Planning and Development Services Director in accordance
with Florida Statutes (F.S) Section 252.363 of the State of Emergency Executive Orders
(EO) 16-155, 16-204, 16-230 authorized a site plan extension scheduled to expire on
October 24, 2019.
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
drought conditions.
IOSEPH E- SMITH,
File No.: EDO 620175150 SAINT UCIE COUNTYERK OF THE CIRCUIT COURT PDS 1 Paagege 1
October 18, 2017 FILE # 4367909 11/06/2017 0424:38 PM 1
OR BOOK 4061 PAGE 2165 - 2171 Doc Type: ORD
RECORDING: $61.00
8. Extending Executive Order (EO) No. 17-120 Florida Governor Rick Scott issued Executive
Order (EO) No. 17-174 on June 9, 2017 for an additional 60 days due to severe impacts
of wildfires caused by extreme drought conditions.
9. 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.
10. 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.
11. 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.
12. 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 259 Preliminary PUD
Executives Orders 17-920, 17-974 and 17-146 Extensions, dated October 18, 2017.
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 Preliminary PUD has been found to be eligible
for a statutory extension. The approval granted under PDS 17-003 is extended for 1 year
and 180 days and is now schedule to expire April 22, 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.
10-027 have been consolidated as contained herein.
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.
2. 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 homeowners' 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
File No.: EDO 620175150 PDS 17-037
October 18, 2017 Page 2
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.
3. 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.
4. 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.
5. The issuance of a 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.
6. 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.
7. 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 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 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
File No.: EDO 620175150 PDS 17-037
October 18, 2017 Page 3
and the County will record all necessary documents to remove the easement
and return the unencumbered property to the underlying land owner.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Prior to Final Planned Unit Development approval the applicant shall provide
File No.: EDO 620175150 PDS 17-037
October 18, 2017 Page 4
copies of FDOT access permits.
15. 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.
16. The Final Planned Unit Development site plan graphics shall indicate that the
development will not be gated.
17. 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.
18. 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.
19. 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.
20. 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.
21. Prior to Final Planned Unit Development approval, the buildable area of each lot
shall be dimensioned at each border from its parallel lot line.
22. 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.
23. Prior to Final Planned Unit Development approval, the applicant shall make the
following revisions to the Preliminary PUD site plan: total lot coverage shall be
reduced to 45, open space shall be maintained at a total of 80% outside of the
File No.: EDO 620175150 PDS 17-0137
October 18, 2017 Page 5
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:
Parcel 1:
From the Southeast comer of the Northeast 114 of Section 31, Township 35 South, Range 39
East, run North along Section line 1,108 feet and then West 30 feet for Point of Beginning; thence
North 0017' East parallel to the East Section line 903.7 feet; thence North 61'33' West 108.8 feet;
thence North 47032' West 605.4 feet; thence North 64043' West 179.6 feet; thence South 89°47'
West 456.7 feet to a point which is 1,478 feet East of said West line of the Northeast 114 of
Section 31; thence South 0°09' West parallel with AND 1,478 feet East of said West line of the
Northeast 1 14 a distance of 1,443.6 feet to a point which is 1,108 feet North of the South line of
said Northeast 114 of Section 31; thence North 89047' East 1,160.94 feet to Point of Beginning;
AND East 1,448 feet of the West 1,478 feet of the Northeast 114 less the North 84 feet and less
the South 43 feet and less the West 33 feet all lying and being in St. Lucie County, Florida.
Parcel 2:
That part of the East 1,103 feet of the East one-half of the Southeast quarter of Section 31,
Township 35 South, Range 39 East lying North and West of Okeechobee Road, less and
excepting therefrom the North 43 feet for canal right-of-way; AND ALSO the Nor1 h 1065 feet of
the South 1,108 feet of the East 1,160.94 feet and the West 30 feet of the East 1,190.94 feet of
the North 1,065 feet of the South 1,108 feet of the Southeast quarter of the Northeast quarter of
Section 31, Township 35 South, Range 39 East; AND ALSO, the East 30 feet of that part of the
Northeast quarter of Section 31, Township 35 South, Range 39 East lying South of Canal #71,
also known as 10 Mile Creek; all lying and being in St. Lucie County, Florida.
Parcel 3:
The West 1,545.2 feet of the Southeast 114 lying North and West of Okeechobee Road of Section
31, Township 35 South, Range 39 East, LESS the West 33 feet and LESS the South 52.5 feet,
and LESS the North 49 feet, and LESS that portion taken and described in Official Records Book
326, page 331, Public Records of St. Lucie County, Florida AND ALSO LESS the portion
conveyed by Warranty Deed to State of Florida Department of Transportation, recorded in Official
Records Book 1790, page 2797, Public Records of St. Lucie County, Florida.
Parcel 4:
That part of the West one-half of the Southwest quarter of Section 32, Township 35 South, Range
39 East, lying West and North of Okeechobee Road, (as it now exists) also known as State Road
#70, excepting therefrom the North 49 feet for canal right-of-way, all lying and being In St. Lucie
County, Florida.
Parcel ID #'s:2331-111-0002-00018. 2331-420-0000-00013, 2331-140-0000-00014, and
2332-322-0000-00015
File No.: EDO 620175150 PDS 17-037
October 18, 2017 Page 6
C. This Preliminary Planned Unit Development Site Plan statutory extension shall expire on
April 22, 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 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 18th day of October, 2017.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Leslie bisor%-AICP, Director
APPROVED AS TO FORM
AND CORRECTNESS: �
County Attorney
File No.: EDO 620175154 PDS 17-037
October 18, 2017 Page 7