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ITEM: RESOLUTION NO. R2022-38 (EQUESTRIAN VILLAGE DEVELOPMENT ORDER AMENDMENT FOR THE COMMERCIAL EQUESTRIAN ARENA COMPATIBILITY DETERMINATION)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, FOR A DEVELOPMENT ORDER AMENDMENT (PETITION NUMBER 2022-001-DOA) FOR CERTAIN PROPERTY, KNOWN AS EQUESTRIAN VILLAGE/GLOBAL DRESSAGE, A COMMERCIAL EQUESTRIAN ARENA, LOCATED ON THE NORTHEAST CORNER OF PIERSON ROAD AND SOUTH SHORE BOULEVARD; AS MORE SPECIFICALLY DESCRIBED HEREIN; APPROVING A MODIFICATION TO THE CONDITIONS OF APPROVAL TO ALLOW A PAYMENT IN LIEU OF PERFORMING THE CONSTRUCTION OF ROAD AND INTERSECTION IMPROVEMENTS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Resolution No. R2022-38 to amend the Conditions of Approval of Resolution No. R2013-49, number 19, and to accept payment in lieu of constructing the improvements required at the Pierson Road and South Shore Boulevard intersection.
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EXPLANATION: The Commercial Equestrian Arena (CEA) compatibility determination for Equestrian Village was approved in October 2013. Since that time, Equestrian Village has not utilized full beneficial use of the CEA determination due to the outstanding condition of approval for road improvements at the Pierson Road and South Shore Boulevard intersection. The venue has been operating at half capacity and requires a seasonal equestrian permit to be approved each year.
The original condition of approval required the construction of the required intersection modifications; Condition No. 19 of Resolution No. R2013-49. The property owner has requested acceptance of payment in lieu of construction to satisfy the condition and has provided a check to Wellington in the amount of $1,145,931.88 to cover the cost of construction. The Wellington Council must approve an amendment to the conditions of approval to allow a payment in lieu of construction to satisfy the condition. The submitted payment amount is based on a cost estimate provided by the applicant’s engineer of record (see attached estimate).
If approved, the property owner will have full beneficial use of the CEA, as all other conditions of approval have been verified as satisfied. A seasonal equestrian permit will no longer be required.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: YES QUASI-JUDICIAL: YES
FIRST READING: YES SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: A budget amendment will be required and will be presented to Council at a later meeting if the proposed amendment and payment is approved.
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Resolution No. R2022-38 to amend the Conditions of Approval of Resolution No. R2013-49, number 19, and to accept payment in lieu of constructing the improvements required at the Pierson Road and South Shore Boulevard intersection.