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Home My WebLink About22-048 RESOLUTION 2022-48 File No.: PNRD-5202126039 & WV-7202126096 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FOR A PLANNED NON-RESIDENTIAL DEVELOPMENT 0 (PNRD) REZONING FROM THE CG, COMMERCIAL GENERAL ZONING DISTRICT AND A PRELIMINARY SITE PLAN FOR AN EIGHTY-LOT RECREATIONAL VEHICLE PARK WITH AMENITIES, INCLUDING A w F WETLAND WAIVER, TO BE KNOWN AS THE MMR RV PARK PNRD, IN = U ST. LUCIE COUNTY, FLORIDA H U. Np y n N w WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based upon U o� acceptable evidence, including but not limited to the staff report, has made the following Z�"'Q. determinations: JZoarn O ZONING ATLAS AMENDMENT �WrvrUr J 7 O Y Z J J O =Z W m o 1) Engineering Design & Construction, Inc., on behalf of Friends I, LLC, presented a U_0 rx petition for an Amendment to the Official Zoning Atlas (Rezone) from CG (Commercial, General) to PNRD (Planned Non-Residential District), located at North US Hwy. 1 and Turnpike Feeder Rd. north of Kings Highway, for certain property in St. Lucie County, Florida, as depicted on the attached map as Exhibit "A" and described in Part "A" below. 2) On November 18, 2021, the St. Lucie County Planning and Zoning Commission held a public hearing on petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard and recommended that the Board of County Commissioners approve the request for the property described in Part "A". 3) On January 11, 2022, the Board of County Commissioners held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. 4) The St. Lucie County Development Review Committee has reviewed the Rezone and Preliminary PNRD Petition and found it to meet the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part "C" of this Resolution. 5) The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. Resolution No. 2022-48 Page 1 File No: PNRD-5202126039 PRELIMINARY PNRD SITE PLAN 6) Engineering Design & Construction, Inc., on behalf of Friends I, LLC, submitted a Preliminary PNRD (Planned Non-Residential Development) Site Plan for an 80-lot Recreational Vehicle Park with associated common facilities and site improvements, including a Wetland Waiver for the property depicted in the attached map as Exhibit "A" and described in Part "A" below. 7) On November 18, 2021, the St. Lucie County Planning and Zoning Commission held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard and recommended that the Board of County Commissioners approve the request for the property described in Part "A". 8) On January 11, 2022, the Board of County Commissioners held a public hearing on this petition after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. 9) The St. Lucie County Development Review Committee has reviewed the Preliminary PUD Site Plan for the project and found it to meet the technical requirements and to be consistent with the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part"C" of this Resolution. 10) The proposed project, with conditions of approval, will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety, and general welfare. 11) All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 12) The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 13) The proposed project will be served by St. Lucie County Utilities for water and wastewater services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Resolution No. 2022-48 Page 2 File No: PNRD-5202126039 ZONING ATLAS AMENDMENT A. The property on which the Zoning Atlas Amendment, or change in zoning, from CG (Commercial, General) to PNRD (Planned Non-Residential District) is being granted is described as follows: Legal Description: THE SOUTH 3/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 LYING BETWEEN U.S. #1 AND THE TURNPIKE FEEDER ROAD, LESS THE SOUTH 300 FEET, LYING AND BEING IN SECTION 6, TOWNSHIP 34, SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA: CONTAINING 10.56 ACRES MORE OR LESS. AND THE SOUTH 3/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 LYING WEST OF THE TURNPIKE FEEDER ROAD, LESS THE-SOUTH 300 FEET, LYING AND BEING IN SECITON 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. CONTAINING 6.41 ACRES MORE OR LESS. Parcel I D#: 1406-131-0005-000-7 and 1406-131-0005-000-4 B. The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from GC (Commercial, General) to PNRD (Planned Non-Residential Development) and to make notation of the reference to the date of adoption of this Resolution. PRELIMINARY PNRD SITE PLAN C. Pursuant to 11.02.05(B) of the St. Lucie County Land Development Code, the PNRD (Planned Non-Residential Development) Preliminary Site Plan for the project known as MMR RV Park is hereby approved, for the subject property described in Part "A" above, as shown on the preliminary site plan drawings for the project, prepared by Engineering Design & Construction, Inc. as of April 14, 2021, and date stamped received by the St. Lucie County Planning & Development Services Department on October 7, 2021, as attached and incorporated herein as Exhibit "C", and subject to the following conditions: 1) Prior to approval of the Final/Major Site Plan, the applicant shall demonstrate compliance with 7.10.24 Community Architectural Standards, including a lighting and sign plan. 2) RV sites shall be for rental only. No sale of individual sites is permitted. Resolution No. 2022-48 Page 3 File No: PNRD-5202126039 3) Length of stay of each rental is limited to 180 days. 4) .Prior to issuance of a Vegetation Removal Permit or Exemption, listed species surveys including but not limited to a 100% gopher tortoise survey, shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys appropriate permits from state and federal agencies shall be required. 5) Prior to issuance of a Vegetation Removal Permit or Exemption, a systematic survey for the two endemic and endangered plant species, the four-petal pawpaw (Asimina tetramera) and Lakela's mint (Dicerandra immaculata), shall be conducted within the scrub portion of the project site. The developers shall be required to provide plans indicating all areas of impact to both plant species and provide a mitigation/relocation plan and schedule for all impacted areas. 6) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the developer shall provide an executed Conservation Easement 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. The applicant shall also provide a GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. Standard Conservation Easement language can be provided upon request_ 7) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be eradicated from the site. D. The Preliminary PNRD Site Plan approval granted by this Resolution shall expire on January 11, 2024, unless a Final Site Plan is obtained, or an extension is granted in accordance with Section 11.02.06(B)(3) of the Land Development Code. E. The developer is advised as part of this approval that the property owner(s), developer, etc., including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works, and Building Departments prior to the commencement of any development activities on the property described in Part "A". Issuance of this authorization or permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a State or Federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a State or Federal agency or undertake actions that may result in a violation of State or Federal law. F. The conditions set forth in Part "C" are an integral non-severable part of the preliminary site plan approval granted by this Resolution. If any condition set forth in Part "C" 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 No. 2022-48 Page 4 File No: PNRD-5202126039 Resolution shall become null and void. G. A Certificate of Capacity Deferral, a copy of which is attached hereto as Exhibit B and made a part hereof the Resolution, dated November 8, 2021. H. A copy of this Resolution shall be mailed to the owner of record as identified on the application. I. This Resolution shall be recorded in the Public Records. J. ADOPTION After motion and second, the vote on this Resolution was as follows: Sean Mitchell, Vice-Chair AYE Frannie Hutchinson, Vice Chair AYE Chris Dzadovsky, Commissioner AYE Linda Bartz, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 11th day of Janaury, 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY. P. CHAIR ATTEST: APPROVED AS TO FORM AND CORRECTNESS: �'Y Cp,M�s BY: DEPUTY CLERK v cspo COUNTY TORNEY w Z m �Gn � Resolution No. 2022-48 Page 5 c°�Ntr sLOR`°r File No: PNRD-5202126039 EXHIBIT "A" (LOCATION MAP) W P. County boundary m t m Subject Parcel 0 a .o x 3 2 vi �a fee OQ�e u� 0 l Indrio Rd 1 F. Resolution No. 2022-48 Page 6 File No: PNRD-5202126039 EXHIBIT "B" (CERTIFICATE OF CAPACITY DEFERRAL) St. Lucie County Concurrency Deferral Affidavit 1,Bradley J. Currie (Auth Agent)residing or doing business at 10250 SW Village Pkwv, Ste 201 Name Street Port St Lucie FL 34987 772-462-2455 City State Zip Phone have applied for a PNRD Rezone from St. Lucie County, Florida, Type of Development Order for the following project: MMR RV Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. 1 further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: C./ Date: November 8, 2021 Aef licant STATE OF FLOR11DA COUNTY OF St. Lucie The foregoing instrument was acknowledged before me this 8th day of November 20 21 'by_ Bradley J. Currie o is personally know o me or who has produced as identification. Patricia M. Sesta Signature of Notary Type or Print Ngme gf Notary HH006694 Commission Number (Seal) fr Notary Public Slate of Flonda 1, palricia M Sesla My Co malt ion H 00669A Page 1 of 1 of Revised: April 1,2008 Resolution No. 2022-48 Page 7 File No: PNRD-5202126039 EXHIBIT "C" (PRELIMINARY PNRD SITE PLAN) li }'� $�► , err f i. �- (� is ■-,.. '...... '.� 'w. `►�;; i Ftt lit ei� t i 71 kf!F se P `- � I- .• ' ,�+�.+.o ►; ii ;� ' �. ` �> l��I� ll� EE�ii Jill I llpl;s{ a , ! �, (yq� x � � € � �E � I �►; Pni� �� g I,.,f I �� sty Resolution No. 2022-48 Page 8 File No: PNRD-5202126039