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HomeMy WebLinkAboutPDS-23-038 - Cabo Rio RV Resort (146 Platted Lot Recreational Vehicle Resort)PDS ORDER 2023-038 File No.: MNSP-2301-000056 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A 146 PLATTED LOT RECREATIONAL VEHICLE (RV) RESORT WITH ASSOCIATED SITE IMPROVEMENTS AND A COMMERCIAL OUTPARCEL COLLECTIVELY ON +/-25.13 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 St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan for Cabo Rio RV Resort (Cabo Rio, LLC.), reviewed the comments from the Development Review Committee, and has made the following determinations: Cabo Rio, LLC. applied for a Minor Site Plan to create a recreational vehicle resort with one hundred & forty-six (146) platted lots and a 2.64-acre future commercial outparcel fronting on Kings Highway. On -site amenities include a clubhouse, guest parking, stabilized walking trail, resort style pool equipped with a spa pool, lazy river, "Flow Rider" wave pool, pool bath, and outdoor bar. The collective 25.13-acre site is located on TBD—Kings Highway, Fort Pierce, FL 34951, as more particularly described in Part "B" below, and depicted in Exhibit "A", and is predominantly within the PRW (Planned Retail Workplace) Zoning District. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet the standards of review as set forth in Section 11.02.07 of the St. Lucie County Land Development Code and found it to meet technical requirements and to be consistent with the general purpose, goals, and objectives, of the St. Lucie County Comprehensive Plan. 3. On July 5, 2022, the Board of County Commissioners approved Resolution 2022-117 for an amendment to the Official Zoning Atlas and to reclassify the subject parcel's zoning designation from AR-1 (Agricultural, Residential — 1du/ac) and CG (Commercial, General) to the PRW (Planned Retail Workplace) Zoning District, and authorize a Preliminary Regulating Plan for the project known as Cabo Rio RV. 4. Planning staff performed a detailed analysis of the project and found it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis can be found in the Planning and Development Services Department memorandum titled Cabo Rio RV Resort — Minor Site Plan PDS Order 2023-038 (MNSP-2301-000056), dated June 1, 2023. 5. The proposed Minor Site Plan will not have an undue adverse effect on adjacent properties, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting public health, safety, and general welfare. MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5206444 06/16/2023 11:46:18 AM PDS Order No. 2023-038 OR BOOK 5005 PAGE 1165 - 1172 Doc Type: ORD Page 1 RECORDING: $69.50 File No: MNSP-2301-000056 6. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through tower design, site design, landscaping, and screening. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Site Plan is hereby approved as shown on the drawing prepared by MBV Engineering, Inc., dated revised June 5, 2023, for the property described in Part "B" below, subject to the following conditions: Planning & Development Services Department: 1. Prior to associated building permit issuance, the ground and or wall signs shall require review and approval by the Planning Division for compliance with LDC Section 7.10.24.G - Signs and Lighting Standards. 2. The use of the pool, bar, restaurant, and amenities is restricted to lot owners, renters, and the guests of either. If the pool, bar, restaurant, or amenities become available to the public (anyone not a lot owner, renter, or guest of either), an amendment to the Development Order will be required, addressing parking demand and provisions. 3. Prior to the issuance of a site development permit, a photometric plan, including fixture details shall be reviewed and approved. 4. 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. 5. No permanent additions or expansions to the recreational vehicles and/or park models shall be permitted. 6. Lot types, including allowable accessory structures shall comply with the Final Site Plan, limiting the use to a transient recreational vehicle park for temporary occupancy. 7. Pursuant to Florida Statute 513.112, 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 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. PDS Order No. 2023-038 Page 2 File No: MNSP-2301-000056 8. 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. 9. The future commercial outparcel shall only allow the uses identified within Resolution No. 2022-117 Exhibit "D". Environmental Resources Department: 10. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the applicant shall provide an approved landscape plan in accordance with LDC 7.09.04. 11. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, the applicant shall provide an approved tree mitigation plan in accordance with LDC 6.00.05. D. 12. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a 100 percent survey per Florida Fish and Wildlife Conservation Commission (FWCC) protocol for gopher tortoises shall be provided. If any construction activities are proposed within 25 ft. of any gopher tortoise burrows, a relocation permit shall also be provided in accordance with FWCC requirements. 13. 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. 14. Prior to issuance of a Certificate of Occupancy all Category I listed invasive plants shall be eradicated from the site. Public Works Department: 15. A Site Development Permit is required prior to performing site improvement activities. 16. For plat approval prior to completion of required improvements, a Subdivision Improvement Agreement and appropriate bonding is required. Florida Department of Transportation: 17. 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. 18. 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. PDS Order No. 2023-038 Page 3 File No: MNSP-2301-000056 B. The property on which this Minor Site Plan for Cabo Rio LLC, is being granted is described as follows: 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 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 208.75 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 C. This administrative order shall expire after twenty-four (24) months from the effective date unless a plat is recorded in public records or an extension is granted in PDS Order No. 2023-038 Page 4 File No: MNSP-2301-000056 accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The developer, including any successors in interest, is advised as part of this Minor Site Plan, the developer shall obtain all applicable development permits and construction authorizations from the appropriate state, federal, and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, South Florida Water Management District, 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 B. Issuance of this 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. E. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part "A" above, all such appeals must be filled in writing with the County Administrator within thirty (30) days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. F. A copy of this Order shall be attached to the site plan drawings, which shall be placed on file with the St. Lucie County Planning and Development Services Department and copies provided to the developer and agent of record as identified on the site plan application. G. The conditions set forth in Part "A" are an integral non -severable part of the site plan approval granted by this Order. 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, the site plan approval granted by this order shall become null and void. H. The Certificate of Capacity, attached as Exhibit "B", shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. PDS Order No. 2023-038 Page 5 File No: MNSP-2301-000056 This Order shall be recorded in the Public Records of St. Lucie County. s ORDER effective the 1`� day of J Vi'e 2023. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Benjamin Balcer, A CP APPROVEEAS TO FORM AND CORRECTNESS % County Attorney PDS Order No. 2023-038 Page 6 File No: MNSP-2301-000056 EXHIBIT "A" (Site Plan) PDS Order No. 2023-038 Page 7 File No: MNSP-2301-000056 EXHIBIT "B" (Certificate of Capacity) St Lucie County Certificate of Capacity Date &212023 Certificate No. 3231 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 Minor site Plan Number of units 146 Number of square feet 2. Property legal description & Tax ID no. 13 13-32 I-0062-011n-4 ` RD - Kingg Highway, Fort Pierce, Fl. 34951 Cabo Rio RV Resort 3. Approval; Building Resolution No. 2023-038 Letter 4. Subject to the following conditions for concurrency, Outlined in PIGS Order 2023.038 Owner's name Cabo Rio, LLC', Address 4995 Conley Place Fort Pierce FL 34951 6. Certificate Expiration Date 612,r2025 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 ortler►ssued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed _-L1[1- !,Z') V K::< Date: 6/212023 Planning and Development Services Director St Lucie County, Florida Friday. June 2, 2023 PaRr I of 1 PDS Order No. 2023-038 Page 8 File No: MNSP-2301-000056