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ITEM: RESOLUTION NO. R2018-63 (EQUESTRIAN VILLAGE SEASONAL EQUESTRIAN PERMIT 2018/2019)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING A SEASONAL EQUESTRIAN USE PERMIT FOR THE GLOBAL DRESSAGE COMPLEX, AKA EQUESTRIAN VILLAGE, AT 13466 SOUTH SHORE BOULEVARD FOR AN EQUESTRIAN SHOW USE FROM DECEMBER 1, 2018 TO APRIL 30, 2019; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Resolution No. R2018-63 for a Seasonal Equestrian Permit for Global Dressage Complex, AKA Equestrian Village, at 13466 South Shore Boulevard from December 1, 2018 to April 30, 2019.
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EXPLANATION: Michael Sexton, on behalf of the owner(s), is seeking approval of a Seasonal Equestrian Permit to use Equestrian Village for the 2017/2018 Equestrian Season for 71 equestrian spectator events.
On October 24, 2013, Council approved Resolution No. R2013-49 to designate Equestrian Village as a Commercial Equestrian Arena (CEA). As part of the approval, the applicant is required to construct numerous on-site and off-site improvements. Equestrian Village has exercised their right for legislative extensions to complete the on and off-site improvements that had date certain completion dates. In order for the site to have full beneficial use of the CEA, and meet the needs of 3,000 spectators, they must complete all improvements. As a result of the extension, the applicant has been required to obtain a Seasonal Equestrian Use Permit (SEP) to hold events at this location until all improvements are constructed. Council has issued similar requests for the events since the 2013 season. The applicants request for the 2018/2019 season is identical to the request approved by Council for the 2017/2018 season. There are no changes, reconfigurations, increase in intensity or frequency from last season. The event days were reduced from 71 days to 64 days due to Gladiator Polo being relocated to the International Polo Club. Per Condition 28 of the 2017/2018 Seasonal Equestrian permit, if the required road improvements for the compatibility determination were not completed prior to the 2018/2019 season, the applicant is required to obtain a seasonal permit approved by Council in order to use the site for events. To date, required road improvements have not been completed.
At the November 11, 2017 Village Council Hearing when the 2017/2018 Seasonal Permit was approved, there was discussion regarding the required road improvements with the CEA approval. The applicant had exercised their right for an extension under Section 252.363, Florida Statutes. Property owners are eligible for extensions when the Governor declares a state of emergency which extends the expiration date until six (6) months after the emergency expires. The applicant has requested extensions for Hurricane Irma and the Opioid epidemic, which is currently ongoing. The applicant made mention at last year’s meeting that the reasoning why they have not built the roadway improvements is because they were in litigation that could result in the requirement to demolish the covered arena and did not want to invest in road improvements that would not be warranted if the property was not going to be operated as approved under the CEA. The applicant wanted to resolve any outstanding legal issues prior to starting construction. It is important to note that if the Governor had not declared a state of emergency, the applicant would have been obligated to meet the conditions of approval by October 31, 2014, regardless of the litigation.
The application was submitted and received by staff on October 4, 2018. After reviewing the conditions of the 2017/2018 Seasonal Permit, staff requested the stall and attendance counts that were supposed to have been submitted to Planning and Zoning weekly. After multiple attempts requesting the counts, the agent submitted via email on October 18, 2018. Staff comments were provided to the agent the following week, October 22, 2018. The applicant resubmitted addressing staff’s comments on October 25, 2018.
Staff has provided the recommended conditions of approval based on the conditions that have previously been applied to past Seasonal Permits. Additionally, and separate from the permit conditions, staff recommends that Council consider requiring a surety, in a form acceptable by the Village, for the incomplete road improvements. If the surety is submitted prior to the issuance of this seasonal permit, the applicant will not be required to request a seasonal permit next season, or at any time in the future, unless the applicant desires to hold an event that exceeds the intensity of the CEA approval. As a result, the applicant will be able to operate Equestrian Village (Global Dressage) in accordance with the Commercial Equestrian Arena approval. Further, the applicant will not need to utilize future legislative extensions to extend the CEA approval because the project will have met the unsatisfied conditions of approval.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: YES QUASI-JUDICIAL: NO
FIRST READING: YES SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: NO
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: If Council chooses to approve Resolution No. R2018-63 for a Seasonal Equestrian Permit for Global Dressage Complex, AKA Equestrian Village, at 13466 South Shore Boulevard from December 1, 2018 to April 30, 2019, that the conditions of approval identified by staff be attached to the Permit.