HomeMy WebLinkAbout22-117RESOLUTION 2022-117
File No.: PRW - 9202126152
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY FOR A PLANNED RETAILIWORKPLACE (PRW)
REZONING FROM AR-1 (AGRICULTURAL, RESIDENTIAL-1) AND CG
(COMMERCIAL, GENERAL) TO THE PRW ZONING DISTRICT & A
PRELIMINARY SITE PLAN FOR A 146 PLATTED LOT
RECREATIONAL VEHICLE (Rio RESORT WITH ASSOCIATED SITE
IMPROVEMENTS AND A COMMERCIAL OUTPARCEL
COLLECTIVELY ON +/-25.12 ACRES WITHIN THE TOWNS,
VILLAGES, COUNTRYSIDE (TVC) OVERLAY ZONE FOR THE
PROJECT TO BE KNOWN AS CABO RIO RV RESORT, IN ST. LUCIE
COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based
upon acceptable evidence, including but not limited to the staff report, made the
following determinations:
ZONING ATLAS AMENDMENT
x ° a] 1) Lucido and Associates submitted on behalf of Cabo Rio, LLC, a petition for
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o g _ 5 m an Amendment to the Official Zoning Atlas from the AR-1 (Agricultural,
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Z s Cc m Residential-1) and CG (Commercial, General) Zoning Districts to the PRW
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W ° 3 (Planned Retail Workplace) Zoning District, for the property located at TBD
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KingsoN<� Highway, approximately eight hundred and twenty-five (825) feet
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south of the Kings Highway and Indrio Road intersection, for certain
N o yfi X property in St. Lucie County, Florida, as depicted on the attached map as
41 W
° Exhibit "A" and described in Part "A" below.
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2) On June 16, 2022, the St. Lucie County Planning and Zoning Commission
held a public hearing after publishing notice and causing posted notice by
° C sign at least ten (10) days prior to the hearing and notifying by mail all
owners of property within five hundred (500) feet of the subject property and
recommended the Board of County Commissioners approve a change in
zoning from the AR-1 (Agricultural, Residential-1) and CG (Commercial,
General) Zoning Districts to the PRW (Planned Retaillworkplace) Zoning
District, for the property described in Part "A".
3) On July 5, 2022, the Board of County Commissioners held a public hearing
on this petition after publishing notice and causing posted notice by sign at
least (10) days prior to the hearing and notifying by mail all owners of
July 5, 2022 Resolution No. 2022-117
Page 1 File No: PRW-9202126152
property within five hundred (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 Petition and found it to meet the standards of review for a rezoning
outlined within Section 11.06.03 of the St. Lucie County Land Development
Code and is consistent with the St. Lucie County Comprehensive Plan.
PRELIMINARY PLANNED RETAIL/WORKPLACE (PRW) SITE PLAN
5) Lucido and Associates submitted on behalf of Cabo Rio, LLC, a Preliminary
PRW (Planned Retail/Workplace) Site Plan for a one hundred & forty-six
(146) platted lot recreational vehicle (RV) resort & associated site
improvements and a commercial outparcel, to be known as the Cabo Rio
RV Resort, for the property depicted in the attached map as Exhibit "A" and
described in Part "A" below.
6) On June 16, 2022, the St. Lucie County Planning and Zoning Commission
held a public hearing after publishing notice and causing posted notice by
sign at least ten (10) days prior to the hearing and notifying by mail all
owners of property within five hundred (500) feet of the subject property and
recommended the Board of County Commissioners approve a Preliminary
PRW (Planned Retail/Workplace) Site Plan, for the property described in
Part "A".
7) On July 5, 2022, the Board of County Commissioners held a public hearing
on this petition after publishing notice and causing posted notice by sign at
least ten (10) days prior to the hearing and notifying by mail all owners of
property within five hundred (500) feet of the subject property, at which all
interested persons were given an opportunity to be heard.
8) The St. Lucie County Development Review Committee has reviewed the
Preliminary PRW (Planned Retail/Workplace) Site Plan and found it to meet
the standards of review for planned developments outlined within Section
11.02.07 of the St. Lucie County Land Development Code and is consistent
with the St. Lucie County Comprehensive Plan, subject to the conditions set
forth in Part "C" of this Resolution.
9) 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.
July 5, 2022 Resolution No. 2022-117
Page 2 File No: PRW-9202126152
10) 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.
11) 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 regulations.
12) The proposed project will be served by the St. Lucie County Utilities
Department for water and wastewater services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida:
ZONING ATLAS AMENDMENT
A. The property on which the Zoning Atlas Amendment, or change in zoning, from
the AR-1 (Agricultural, Residential-1) and CG (Commercial, General) Zoning
Districts to the PRW (Planned Retail/Workplace) Zoning District being granted
is described as follows:
Legal Description:
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING IN
THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 13,
TOWNSHIP 34 SOUTH, RANGE 39 EAST EXCLUDING ROAD RIGHT OF
WAY FOR KINGS HIGHWAY AND INDRIO ROAD.
(ORB 351, PG 2867) DATED 2/24/81
THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 34
SOUTH, RANGE 39 EAST, LESS AND EXCEPTING THE FOLLOWING:
1 - BEGIN AT A POINT WHERE THE EAST RIGHT OF WAY LINE OF KINGS
HIGHWAY AS IT EXISTS TODAY INTERSECTS WITH THE SOUTH RIGHT-
OF-WAY LINE OF INDRIO ROAD AS IT EXISTS TODAY; THENCE RUN
EAST ALONG THE EDGE OF THE SOUTH SIDE OF THE INDRIO ROAD
RIGHT-OF-WAY A DISTANCE OF 208.75 FEET; THENCE RUN SOUTH ON A
LINE PARALLEL WITH THE KINGS HIGHWAY RIGHT-OF-WAY A DISTANCE
OF 208.75 FEET; THENCE RUN WEST ON A LINE PARALLEL WITH THE
INDRIO ROAD RIGHT-OF-WAY TO A POINT THAT INTERSECTS WITH THE
EDGE OF THE EAST RIGHT-OF-WAY OF KINGS HIGHWAY; THENCE RUN
July 5, 2022 Resolution No. 2022-117
Page 3 File No: PRW-9202126152
NORTH ALONG THE EAST EDGE OF THE KINGS HIGHWAY RIGHT-OF-
WAY A DISTANCE OF 208.75 FEET TO A POINT OF BEGINNING.
2 - FROM THE NORTHEAST CORNER OF THE NORTH 1/2 OF THE
SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39
EAST, RUN WEST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4
626.3 FEET TO POINT OF BEGINNING. FROM POINT OF BEGINNING RUN
SOUTH ON A BACKANGLE OF 90040', A DISTANCE OF 715 FEET, THENCE
WEST 330 FEET, THENCE NORTH 715 FEET, THENCE EAST 330 FEET TO
POINT OF BEGINNING.
3 - THE SOUTH 808.75 FEET OF THE NORTH 828.75 FEET OF THE EAST
628.75 FEET OF THE WEST 699.75 FEET, OF THE NW 1/4 OF THE SW 1/4
OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS AND
EXCEPT: THE SOUTH 2O8.75 FEET OF THE NORTH 228.75 FEET OF THE
EAST 208.75 FEET OF THE WEST 279. 75 FEET OF THAT NW 1/4 OF THE
SW 1/4 OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST.
LUCIE COUNTY, FLORIDA.
4 - ROAD AND CANAL RIGHT OF WAYS.
Parcel ID Number: 1313-321-0002-000-4
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 AR-1 (Agricultural, Residential — 1) and CG
(Commercial, General) to the PRW (Planned Retail/Workplace) Zoning District,
and to make notation of the reference to the date of adoption of this Resolution.
PRELIMINARY PLANNED RETAIL/WORKPLACE SITE PLAN
C. Pursuant to 11.02.05(8)(4) of the St. Lucie County Land Development Code,
the PRW (Planned Retail/Workplace) Preliminary Site Plan for the project
known as the Cabo Rio RV Resort 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 Lucido & Associates, dated April 28, 2022, and date
stamped received by the St. Lucie County Planning & Development Services
Department on April 28, 2022, as attached and incorporated herein as Exhibit
"C", and subject to the following conditions:
July 5, 2022 Resolution No. 2022-117
Page 4 File No: PRW-9202126152
Planning & Development Services Department:
1. As requested by the Board of County Commissioners, the internal street
connection between the subject property and the parcel to the east, as
depicted on the Preliminary Site Plan, shall be removed prior to approval
of the Final (Minor) Site Plan.
2. Prior to Final (Minor) Site Plan approval, the applicant shall provide a
copy of the proposed Declaration of Restrictive Covenants to the
Planning & Development Services Department for review by the
Department and the Board of County Commissioners prior to recording
in the St. Lucie County Clerk of Court.
3. Recreational Vehicle (RV) sites shall be for recreational purposes only.
The recreational vehicle resort shall only allow recreational vehicles and
park models for temporary (transient) living quarters for recreational
camping and travel, in accordance with Florida Statute 320.01(1)(b). No
recreational vehicle lot(s) shall be eligible for a homestead exemption.
4. No permanent additions or expansions to the recreational vehicles
and/or park models shall be permitted.
5. Pursuant to Florida Statute 513.112, at all times, the recreational vehicle
park operator shall maintain a guest register showing the dates of rental
and the rates charged for the guest(s) occupancy. This register shall be
maintained in chronological order, maintained for a period of two (2)
years, and made available for inspection by the Florida Department of
Health at any time. Such operator shall maintain a current copy of
Florida State Statute Chapter 513 (Mobile Home and Recreational
Vehicle Parks) in the park office, which shall be made available to the
public upon request.
6. No guest shall occupy the recreational vehicle park for more than one -
hundred and eighty (180) days in any calendar year, as evidenced by
the length of stay shown in the guest register.
7. Lot types identified within the approved Preliminary Site Plan, dated April
28, 2022, shall be the approved lot types, limiting the use to a transient
recreational vehicle park for temporary occupancy. No accessory
structures shall be permitted within the recreational vehicle lots, unless
approved through the Final Site Plan for limited accessory structures
supporting the transient use.
July 5, 2022 Resolution No. 2022-117
Page 5 File No: PRW-9202126152
8. The Preliminary Plat and Final (Minor) Site Plan shall depict the specific
approved RV lot types, private street sections, required landscape and
street trees, pedestrian access, and any space or limited structures, as
per Section 3.01.03(GG) of the St. Lucie County Land Development
Code.
9. The future commercial outparcel shall only allow the uses identified
within Exhibit "D" of this Resolution.
Environmental Resources Department:
10. Prior to issuance of a vegetation removal permit, all preserved native
trees proposed to meet required tree mitigation requirements will be
required to be barricaded and inspected.
11. Prior to issuance of a vegetation removal permit, a 100% survey per
Florida Fish and Wildlife Conservation Commission (FWCC) protocol for
gopher tortoises shall be provided. If any construction activities are
proposed within 25 feet of any gopher tortoise burrows, a relocation
permit shall also be provided in accordance with FWCC requirements.
12. Prior to issuance of a Certificate of Occupancy all Category I listed
invasive plants shall be eradicated from the site.
Public Works Department:
13.The applicant shall accommodate the current volume of off -site drainage
flowing through the subject parcel.
Florida Department of Transportation:
14.A northbound right turn lane is required and shall meet the minimum
requirements in the Florida Design Manual (FDM) and shall provide a
buffered bicycle lane. The turn lane shall extend beyond the SR 713
median nose and contain additional pavement to accommodate large
vehicle southbound to northbound U-turns.
15.A minimum driveway length of 150 feet, as measured from the ultimate
right-of-way line of the State Road to the first conflict point, is required.
16.A recorded cross access easement with the remaining outparcel is
required. The cross -access easement shall be labeled and detailed on
the site plan, as a hatch or shaded area and include the Official Record
July 5, 2022 Resolution No. 2022-117
Page 6 File No: PRW-9202126152
Book (ORB) and page number or instrument number on the plan sheet.
This condition may be satisfied by dedicating on the plat an easement or
street tract providing access from Kings Highway through the outparcel
to the RV Park.
D. The Preliminary PRW Site Plan approval granted by this Resolution shall expire
on July 5, 2024, unless a Final (Minor) 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" above are an integral non -severable part of
the Preliminary Site Plan approval granted by this Resolution. If any condition
set forth in Part "C" above is determined to be invalid or unenforceable for any
reason and the developer declines to comply voluntarily with that condition, the
Preliminary Site Plan approval granted by this Resolution shall become null and
void.
G. A Certificate of Capacity, a copy of which is attached hereto as Exhibit "B" and
made a part hereof the Resolution, was granted by the Planning &
Development Services Department Director on July 15, 2022.
H. A copy of this Resolution shall be mailed to the owner of record as identified on
the application.
This Resolution shall be recorded in the Public Records.
July 5, 2022 Resolution No. 2022-117
Page 7 File No: PRW-9202126152
J. ADOPTION
After motion and second, the vote on this Resolution was as follows:
Sean Mitchell, Chair
AYE
Frannie Hutchinson, Vice -Chair
AYE
Chris Dzadovsky, Commissioner
AYE
Linda Bartz, Commissioner
AYE
Cathy Townsend, Commissioner
AYE
PASSED AND DULY ADOPTED this 5th day of July , 2022.
ATTEST:
4 f '�.4 co��
DEPUTY CLER �p
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4 M
c�VNtY, F10���M
July 5, 2022
Page 8
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
5—
BOARD CHAIR
APPROVED AS TO FORM AND
CORRECTNE
BY:
COUNTY AT O NEY
Resolution No. 2022-117
File No: PRW-9202126152
EXHIBIT "A"
(LOCATION MAP)
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July 5, 2022 Resolution No. 2022-117
Page 9 File No: PRW-9202126152
EXHIBIT "B"
4t Lude County
Certificate of Capacity
Date 7115/2022
Certificate No. > 192
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development PRV4' Rezont; Preliminary Site Plan
Number of units 1,16 Number of square feet
2. Property Legal description & Tax ID no,
1313-321-O002-000-4
Cabo Rio Rif Resort PRW Prelnninruy Site Pla Cabo Rite RV Resort
3. Approval: Building
Resolution No. 2022-1 l7 Letter
A. Subject to the following conditions for concurrency
Conditl(}n8 outlined Nvit}tin BOC'C Resolution 2022-1 17
Owners name
Cali) Rio, 1,1,C
Address
4995 Conley Place
Fort Pierce Fl, 34951
6. Certificate Expiration Date 715t204
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for th same property, use and size as described herein.
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Signed (J6(A. 6LqtZV _--bate; W15,12022
Planning and Development Services Director
St Lucie County, Florida
July 5, 2022 Resolution No. 2022-117
Page 10 File No: PRW-9202126152
EXHIBIT "C"
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July 5, 2022 Resolution No. 2022-117
Page 11 File No: PRW-9202126152
EXHIBIT "D"
(Permissible Commercial Outparcel Uses)
Allowable uses within the commercial outparcel include the following:
1. Permitted Uses:
a. Adjustment/collection and credit reporting services. (732)
b. Beauty and barber services. (7231724)
c. Membership organizations subject to the provisions of Section 7.10.31. (86)
d. Depository institutions. (60)
e. Advertising. (731)
f. Communications - except towers. (48)
g. Computer programming, data processing and other computer related
services. (737)
h. Engineering, accounting, research, management, and related services. (87)
i. Finance, insurance, and real estate services. (60, 61, 62, 63, 64, 65, 67)
j. Health services - except nursing homes and hospitals. (80)
k. Personnel supply services. (736)
I. Travel agencies. (4724)
m. Miscellaneous business services:
i. Detective, guard, and armored car services. (7381)
ii. Security system services. (7382)
iii. News syndicate. (7383)
iv. Photofinishing laboratories. (7384)
V. Business Services - misc. (7389)
n. Repair services. (76)
o. Retail trade:
i. Used merchandise stores. (593)
ii. Apparel and accessories. (56)
iii. Books and stationery. (594215943)
iv. Cameras and photographic supplies. (5946)
V. Eating places. (5812)
vi. Florists. (5992)
vii. Food stores. (54)
viii. Gifts, novelties, and souvenirs. (5947)
ix. Hobby, toy, and game shops. (5945)
X. Household appliances. (572)
xi. Jewelry. (5944)
xii. Newspapers and magazines. (5994)
xiii. Optical goods. (5995)
xiv. Nurseries, lawn, and garden supplies. (526)
xv. Radios, TV's, consumer electronics and music supplies. (573)
xvi. Sporting goods and bicycles. (5941)
xvii. Tobacco products. (5993)
July 5, 2022 Resolution No. 2022-117
Page 12 File No: PRW-9202126152
xviii. Misc. retail (See SIC Code for specific uses). (5999)
xix. Drug stores. (591)
p. Video tape rental. (784)
q. Low THC and medical marijuana dispensing facility. The facility may not be
located within five hundred (500) feet of the real property that comprises a
public or private elementary school, middle school, or secondary school.
r. Amphitheaters. (999)
s. Amusements and recreation services - except stadiums, arenas, race tracks,
amusement parks. (79)
t. Building materials, hardware, and garden supply. (52)
u. Cleaning services. (7349)
v. Commercial printing. (999)
w. Contract construction services. (office and interior storage only). (15116117)
x. Cultural activities and nature exhibitions. (999)
y. Duplicating, mailing, commercial art/photo. and stenog. services. (733)
z. Educational services - except public schools. (82)
aa. Executive, legislative, and judicial functions. (91192193194195196197)
bb. Farm labor and management services. (076)
cc. General merchandise stores. (53)
dd. Home furniture and furnishings. (57)
ee. Laundry, cleaning, and garment services. (721)
ff. Miscellaneous personal services (see SIC Code Major Group 72):
i. Tax return services. (7291)
ii. Misc. retail (See SIC Code for specific uses). (7299)
gg. Mobile food vendors (eating places, fruits, and vegetables -retail). (999)
hh. Retail trade -indoor display and sales only, except as provided in Section
7.00.00. (999)
ii. Recreation facilities. (999)
jj. Motion pictures. (78)
kk. Motor vehicle parking - commercial parking and vehicle storage. (752)
II. Museums, galleries, and gardens. (84)
mm. Photographic services. (722)
nn. Postal services. (43)
oo. Social Services:
i. Child care services. (835)
ii. Individual and family social services. (8321839)
iii. Job training and vocational rehabilitation services. (833)
pp. Veterinary services. (074)
2. Conditional Uses:
a. Car washes (self-service only) - Subject to the provisions of Section 7.10.22.
(999)
b. Day care -child. (8351)
c. Retail trade:
July 5, 2022 Resolution No. 2022-117
Page 13 File No: PRW-9202126152
i. Undistilled alcoholic beverages accessory to retail sale of food. (5921-
Except for liquor)
d. Drinking places (alcoholic beverages) - free-standing. (5813)
e. Disinfecting and pest control services. (7342)
f. Amusement parks. (7996)
g. Go-cart tracks. (7999)
h. Hotels and motels. (701)
i. Household goods warehousing and storage -mini -warehouses. (999)
j. Sporting and recreational camps. (7032)
k. Retail trade:
i. Liquor stores. (592)
3. Accessory Uses: Accessory uses are subject to the requirements of Section
8.00.00, and include the following:
a. One (1) single-family dwelling unit contained within the commercial building,
or a detached single-family dwelling or mobile home (for on -site security
purposes).
b. Solar energy systems, subject to the requirements of Section 7.10.28.
c. Retail trade:
i. Undistilled alcoholic beverages (accessory to retail sale of food).
d. Drinking places (alcoholic beverages as an accessory use to a restaurant
and/or civic, social, and fraternal organizations).
July 5, 2022 Resolution No. 2022-117
Page 14 File No: PRW-9202126152