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Home My WebLink AboutPDS-17-004 - Harbor Town RV & Resort of the Treasure CoastPDS ORDER 17-004 FILE NO.: EDO 1120165089 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE TO THE APPROVED HARBOR TOWN RV & RESORT OF THE TREASURE COAST WHEREAS, the Planning and Development Services Director has reviewed the request for development order extension timely submitted and in accordance with the provisions of Section 252.363, Florida Statues for Fine Realty Corporation represented by Howard Fein and has made the following determinations: Fine Realty Corporation presented a petition for a Major Adjustment to Major Site Plan to revise conditions of approval stated in Resolution No. 14-096 pertaining to the payment of impact fees for the Harbor Town RV and Resort of the Treasure Coast, located % mile south of St. Lucie Boulevard, on the west side of US Highway No. 1 for certain property in St. Lucie County, Florida, and described in Part B below. 2. On October 10, 1972, the St. Lucie County Board of County Commissioners through Resolution No. 72-115 granted an Amendment to the Official Zoning Atlas from R-3 (Multiple Dwellings) to RMH-5 (Residential, Mobile Home — 5) for Colony Club Mobile Home Park consisting of 50 mobile homes. 3. On April 3, 2012, the St. Lucie County Board of County Commissioners through Ordinance No. 12-005 granted an Amendment to the Comprehensive Plan Future Land Use Map from RM (Residential Medium — 9) to COM (Commercial), and through Resolution No. 12-003 granted an Amendment to the Official Zoning Atlas from RMH-5 (Residential, Mobile Home — 5) to RVP (Recreational Vehicle Park). 4. On October 24, 2012, the Board of Adjustment through Resolution No. 12-011 granted a variance to reduce the required recreational vehicle lot size from 70 feet by 40 feet to 60 feet by 30 feet for the development of a recreational vehicle park to be known as Harbor Town RV and Resort of the Treasure Coast. 5. October 23, 2013, the Board of Adjustment through Resolution No. 13-009 granted a one (1) year extension to previous approved variance (BOA Resolution No. 12-001) with an expiration date of October 24, 2014. 6. On July 1, 2014, the St. Lucie County Board of County Commissioners through Resolution No. 14-096 granted Major Site Plan approval for a 68 -lot recreational vehicle park known as Harbor Town RV and Resort of the Treasure Coast. EDO 1120165085 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT PDS 17-001 SAINT LUCIE COUNTY January 4, 2017 FILE # 4269159 01120/2017 03:42:42 PM Page 1 OR BOOK 3954 PAGE 2937 - 2940 Doc Type: ORD RECORDING: $35.50 7. On December 2, 2014, the St. Lucie County Board of County Commissioners through Resolution No. 2014-223 granted a Major Adjustment to the Major Site Plan approval amending Condition of Approval No. 3 of Resolution No. 14-096 by removing the "Within 120 days of Major Site Plan approval' time frame and allowing the impact fees to be paid at time of constructability plans approval. The expiration date for this approval was December 2, 2016. 8. On June 29, 2016, Florida Governor Rick Scott, issued Executive Order EO) No. 16-155 declaring a 60 day State of Emergency for Florida due to increased number of algae blooms as a result of frequent discharges of harmful water from Lake Okeechobee in to the St. Lucie River and Estuary. 9. On August 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16-204 extending the State of Emergency for Martin and St. Lucie counties an additional 60 days due to the increased number of algae blooms in the St. Lucie River and Estuary. 10. On October 3, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16-230 declaring a 60 day State of Emergency for the East Coast of Florida due to the threat of Hurricane Matthew. 11. Section 252.363 Florida Statutes provides that any local government issued development order or permit may be extended from the expiration date for a period of six months plus the duration of the emergency declaration. 12. 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 November 23, 2016. 13. 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. The analysis is found in the memorandum titled Harbor Town RV & Resort of the Treasure Coast Extension File No. ED01120165089, dated December 29, 2016. NOW, THEREFORE, BE IT RESOLVED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act, this Major Site Plan approval for the project known as Harbor Town RV & Resort of the Treasure Coast has been found to be eligible for an extension. The approval granted under Resolution No. 2014- 223 is extended for eighteen (18) months and is now scheduled to expire June 2, 2018, for the property described in Part B, is hereby approved with the following conditions. All previous conditions of approval applicable to the subject property, have been consolidated as contained herein, unless expressly modified herein. EDO 1120165085 PDS 17-001 January 4, 2017 Page 2 Prior to the commencement of Phase 1 on-site development activities, constructability plans shall be reviewed and approved by the County Engineering Division. 2. Phase 2 Site Plan improvements or development activities as depicted on Sheet 3 of 5 of the site plan drawings shall commence no later than October 1, 2022, with completion of this phase no later than one (1) year from the date of commencement. Constructability plans and a landscape plans for this phase shall be submitted and approved by the County Engineering Division and Environmental Resources Department, respectively prior to any construction or development activities within this phase. 3. Prior to constructability plan approval by the County Engineering Division, the property owner shall pay St. Lucie County the required impact fees for this development. This impact fee amount shall be based upon the net increase in the impact fee for the new use (69 recreational vehicle units) as compared to the previous approved use (50 mobile homes). 4. Prior to issuance of a Vegetation Removal Permit or Exemption for both phases, a pre - construction meeting with the Environmental Resources Department (ERD) staff to discuss and verify tree protection measures. B. The property on which this development order extension is being granted is described as follows: All that part of the North 358.8 feet of the South 1735.9 feet of the NE % lying West of U.S. Highway No. 1, Section 33, Township 34 South, Range 40 East, St. Lucie County, Florida. AND Begin at the Southwest corner of the portion of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34 South, Range 40 East, lying West of U.S. Highway No. 1, St. Lucie County, Florida. From the point of beginning run North along the center line of Section 33 a distance of 365.8 feet to a point; thence run East along the North line of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34 South, Range 40 East, a distance of 400 feet to a point; thence run South a distance of 200 feet to a point; thence run Southeasterly a distance of 193.77 feet to a point on the South line of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34 South, Range 40 East, which point is 483 feet East of the point of beginning and 200.29 feet West of the West right of way line of new U.S. Highway No. 1; thence run West along the South line of the North 365.8 feet of the South 1377.1 feet of the Northeast quarter of Section 33, Township 34 South, Range 40 East, to the point of beginning. Subject to easements, restrictions and reservations of record and taxes for the year 2007 and thereafter. Tax Identification Number: 1433-120-0010-000-5 EDO 1120165085 January 4, 2017 PDS 17-001 Page 3 C. This Major Site Plan statutory extension approval shall expire on June 2, 2018 unless a building permit is issued or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. D. The conditions set forth in Part A are an integral non -severable part of the site plan approval as granted by this statutory extension. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason, and the developer declines to comply voluntarily with that condition, this development order extension approval granted by this resolution shall become null and void. E. 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. F. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning and Development Services Department. G. This order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the 4t' day of January, 2017. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY � Qk4 L s Olson, AIC APPROVED AS TO FORM AND CORRECTNESS: G:1Planning\PROJECT FILES1Harbor Town RV & Resort EDO 1120165085 January 4, 2017 PDS 17-001 Page 4