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Home My WebLink AboutPDS-18-051 - Tilton Road Dog RetreatPDS 18-051 File No.: EDO 820185352 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY FLORIDA STATUTE SECTION 252.363, FLORIDA STATUE TO THE APPROVED CONDITIONAL USE PERMIT FOR TILTON ROAD DOG RETREAT. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a development order extension timely submitted by Matthew and Jann Rudd, and has made the following determinations: 1. On September 5, 2017, the Board of County Commissioners approved a Conditional Use Permit to allow for the operation of a completely enclosed dog kennel facility. The subject 9.76 -acre property is zoned AR -1 (Agricultural, Residential — 1) and is located at 1050 Tilton Road. 2. On July 9, 2018, the Governor issued Executive Order 18-191 for a period of 60 days due to the discharge of harmful water from Lake Okeechobee into the Caloosahatchee River, St. Lucie River, Indian River Lagoon and the estuaries which resulted in wide- spread algae blooms. 3. Section 252.363, Florida Statute 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. 4. Section 252.363, Florida Statute 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 August 3, 2018. 5. Planning Staff performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County development order granting approval. Further analysis is found in the memorandum titled Tilton Road Dog Retreat Executive Order Extension, dated August 27, 2018. NOW, THEREFORE, BE IT RESOLVED by the 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 Tilton Road Dog Retreat has been found to be eligible for a statutory extension. The approval granted under Resolution 2017-193 is extended from its last scheduled date of expiration; September 5, 2018, and now shall expire May 6, 2019, for the property described in Part B, is hereby approved with the following conditions: JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4477853 09/06/2018 12:59:17 PM OR BOOK 4177 PAGE 1862 - 1865 Doc Type: ORD RECORDING: $35.50 File No.: EDO 320185352 PDS 18-051 Page 1 1. All kennel activities shall occur within an enclosed structure, with the exception of airing the dogs in the designated outdoor run area and outdoor play areas. 2. All structures may not exceed 6,000 square feet in total. 3. New structures which are used for boarding animals shall be located no closer than 100 feet from all property lines and shall be completely enclosed. If the applicants choose to construct an addition onto the existing 3,300 square foot building, the setback for this addition will be at least 87 feet from the east side property line. 4. Client drop-off and pick-up shall be restricted to the hours of 7:00 a.m. to 7:00 p.m. on weekdays and weekends. 5. No dogs shall be outside in the activity areas before 8:00 a.m. and after 6:00 p.m. 6. The outdoor dog run shall be fenced in and separated from the outdoor activity area to allow for a reduced nighttime walking area so as not to cause nuisances during the overnight hours. 7. The owner at all times shall comply with the St. Lucie County Code of Ordinances, Section 28-107 through 28-112, as amended regulating noise. 8. The owner shall comply with the St. Lucie County Code of Ordinances, Section 6-26, as amended regulating Animal care. 9. A crematory shall not be permitted on site. 10. Must comply with the Restrictive Covenant Agreements for the North Lennard Road 1,2 and 3 Municipal Service Benefit Units (MSBUs). 11. Prior to issuance of a Certificate of Occupancy, the site shall be reviewed by the Environmental Resources Department for substantial conformity with the landscape plan dated 8/04/17 submitted as part of this conditional use application. 12. Condition A-12 of Resolution No. 2017-193, has been satisfied. Prior to issuance of a Vegetation Removal Permit or Exemption, the landscape plan shall be revised to require a minimum 25 percent of the proposed hedge materials to consist of native species and specify the 8 foot fence will be opaque. 13. Condition A-13 of Resolution No. 2017-193, has been satisfied. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide a Preserve Area Monitoring and Maintenance Plan for the wetland and associated upland buffer preserve area. This plan shall include the following File No.: EDO 320185352 Page 2 PDS 18-051 information: a restoration plan, restrictions within the preserve area, monitoring and maintenance requirements, and required invasive exotic removal. 14. Condition A-14 of Resolution No. 2017-193, is scheduled to go to the BOCC for acceptance on September 4, 2018 for this conservation easement. Prior to issuance of a Vegetation Removal Permit or Exemption the applicant shall provide a Conservation Easement over the onsite wetland and associated buffer and approved Preserve Area Monitoring and Management Plan (PAMMP) with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney for review and approval. The applicant shall also provide a georeferenced CAD or shapefile of the conservation easement boundaries to St. Lucie County. A copy of a standard Conservation Easement may be obtained by contacting the Environmental Resources Department at 772-462-2526. 15. All dog waste shall be immediately bagged by staff and properly disposed of in enclosed dumpsters. Failure to comply with this condition may result in revocation of the conditional use approval. 16. Prior to issuance of a Certificate of Occupancy all Category I listed invasive species shall be eradicated from the site. 17. 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. B. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: Lot 12, Block 2, St. Lucie Gardens, in Section 23, Township 36 South, Range 40 East, according to the map or plat thereof as recorded in Plat Book 1, Page 35, Public Records of St. Lucie County, Florida, Less and Except that portion conveyed to St. Lucie County, by instrument recorded May 9, 2005, in O.R. Book 2237, Page 1361, Public Records of St. Lucie County, Florida. Parcel Identification Number: 3414-501-0612-000-1 C. The approvals granted by this administrative order shall expire on May 6, 2019, unless building permits are issued or a Certificate of Zoning Compliance is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F) of the St. Lucie County Land Development Code. File No.: EDO 320185352 Page 3 PDS 18-051 D. The conditions set forth in Part A are an integral non -severable part of the conditional use approval as granted by this administrative extension. If any condition set forth in this order is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the extension granted by this order shall become null and void. E. The Certificate of Capacity granted by the Planning and Development Services Director shall be valid for the period of this Development Order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. 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 effective the 27th day of August, 2018. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE;_COUNTY, FLORIDA IM Leslie Olson, Al APPROVED AS TO FORM AND CORRECTNESS: File No.: EDO 320185352 PDS 18-051 Page 4