HomeMy WebLinkAbout24-022 PDS ORDER 2024-022
File No. EDO-2403000037
AN ORDER GRANTING A STATUTORY EXTENSION
PROVIDED BY FLORIDA STATUTES SECTION 252.363 TO
THE SCHEDULED EXPIRATION DATE OF THE APPROVED
PLANNED NON-RESIDENTIAL DEVELOPMENT (PNRD) AND
MAJOR SITE PLAN FOR AN EIGHTY-LOT RECREATIONAL
VEHICLE PARK KNOWN AS MMR RV PARK.
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 on behalf of Friends I, LLC and has made the following determinations:
1. Engineering Design & Construction, Inc., on behalf of Friends I, LLC presented a Major
Site Plan application to develop an eighty (80) lot Recreational Vehicle Park (RVP),
consisting of approximately 2,800 square-foot, with a 2,176 square-foot office and 2,960
square-foot clubhouse and pool, associated landscaping, vehicular use area and drainage
infrastructure, within the MMR RV Park PNRD (Planned Non-Residential Development)
Zoning District for the property generally located at N. US Highway 1, situated on the east
and west side of Turnpike Feeder Road and north of Kings Highway, in Fort Pierce, FL.
2. On January 11, 2022, the Board of County Commissioners, through Resolution 2022-48,
approved a Zoning Atlas Amendment (Rezone) for the subject site to Planned Non-
Residential Development (PNRD) and a Preliminary Site Plan for an Eighty-Lot
Recreational Vehicle Park with amenities, including a wetland waiver, to be known as the
MMR RV Park PNRD.
3. On September 23, 2022, Governor DeSantis issued Executive Order Number 22-218
declaring a state of emergency for certain counties in the State of Florida, including St.
Lucie County, as a result of the threat of Tropical Storm Nine. This emergency declaration
was effective on September 23, 2022, and would have expired, 60 days later, on
November 22, 2022. The Governor also issued Executive Order 22-219 on September 24,
2022, expanding the state of emergency to cover the entire State of Florida.
4. On November 7, 2022, Governor DeSantis issued Executive Order 22-253 declaring a
state of emergency for certain counties in the State of Florida, including St. Lucie County,
as a result of the impending Subtropical Storm Nicole. This emergency declaration was
effective on November 7, 2022, and would have expired 60 days later, on January 6, 2023.
However, subsequent executive orders have continued to extend Executive Order 22-253,
specifically extending orders 23-02, 23- 48, 23-87, 23-133, 23-170, 23-211 and 24-32.
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
File No.: EDO-2403-000037 FILE# 5341837 05/23/2024 02:24:58 PM PDS 2024-022
OR BOOK 5153 PAGE 2936-2940 Doc Type:ORD Page 1
RECORDING: $44.00
5. On November 21, 2022, Governor DeSantis issued Executive Order 22-268 extending the
state of emergency declared in previously issued executive orders 22-218, and 22-219.
The extension of the state of emergency was necessitated by the continued recovery
efforts and the continued recovery of affected people hit by Hurricane Ian, which still
required the support of the State of Florida. This emergency declaration was effective on
November 21, 2022, and would have expired, 60 days later, on January 20, 2023.
However, subsequent executive orders have continued to extend executive orders 22-218
and 22-219, specifically extending orders 22-268, 23-21, 23- 60, 23-104, 23-139, 23-176,
23-214, 24-02 and 24-36.
6. On March 11, 2024, Engineering Design & Construction, Inc., on behalf of Friends I, LLC
filed a request to toll and extend the termination date for the MMR RV Park PNRD
(Planned Non-Residential Development) and Major Site Plan pursuant to Subsection
252.363, Florida Statutes, Executive Orders 22-218, 22-219 for (Hurricane Ian) and
Executive Order 22-253 for (Hurricane Nicole). Subsequent executive orders have
continued to extend EO 22-218 and EO 22-253 through EO 24-02 and 24-32. The current
expiration date is January 11, 2024, with an extension sought through January 11, 2028.
7. Senate Bill 250, approved by the Governor on June 28, 2023, and effective July 1, 2023,
amends Section 252.363(1)(a) Florida Statutes, increasing the extension of the expiration
dates for such permits or other authorizations from six (6) months to twenty-four (24)
months per state of emergency (plus the duration of the emergency declaration), but
limiting the extended period under overlapping states of emergency to forty-eight (48)
months. When combined, they supersede the maximum allowable forty-eight (48) months
by Statute.
8. Section 252.363 Florida Statutes requires that a specific written notice be filed with the
issuing authority within ninety (90) days after the termination of the declaration of
emergency. The applicant applied for this extension on March 11, 2024.
9. The Planned Non-Residential Development(PNRD) and Major Site Plan's current January
11, 2024, expiration date, is eligible for extension until January 11, 2028. The applicant
hereby elects to extend the project for the maximum (48) months allowed under Florida
Statute 252.363.
10. Planning Staff performed an analysis of the project and determined that the extension is
consistent with all the original St. Lucie County Development Orders granting extensions
depicted on the attached Exhibit A. The analysis found in the memorandum titled "MMR
RV Park PNRD and Major Site Plan Executive Order Extension (EDO-2403-000037),"
dated May 15, 2024.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director of St. Lucie County, Florida:
File No.: EDO-2403-000037 PDS 2024-022
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A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act, the Planned
Non-Residential Development(PNRD) and Major Site Plan approval for the project known
as MMR RV Park has been found to be eligible for an extension. The approval granted
under Resolution No. 2022-001 and Resolution No. 2022-048 is extended from its last
scheduled date of expiration; January 11, 2024, and is now scheduled to expire on
January 11, 2028, for the property described in Part B, with 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.
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.
B. The property on which this site plan extension 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;
File No.: EDO-2403-000037 PDS 2024-022
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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 SECTION 6,TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY,
FLORIDA.
PARCEL ID: 1406-131-0005-000-7
1406-131-0006-000-4
C. The approvals and authorizations granted by this statutory extension shall expire on
January 11, 2028, unless a building permit has been issued or an extension has been
granted in accordance with Section 11.02.06, Land Development Code.
D. The conditions set forth in Part A are an integral non severable part of the site plan
approval granted by this 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 Order 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.
ORDER effective the /6 day of "117 2024.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCI TY, IDA
BY
Be n Balcer, CP
APPROVED AS TO FORM
AND CORRECTNESS:
Alci County Attorney
File No.: EDO-2403-000037 PDS 2024-022
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EXHIBIT —A
MMR RV PARK
The following table provides a historic timeline of the approvals granted to the subject site plan.
Date Approval Approval Granted Expiration Comments
Date
01/11/2022 Resolution No. Board of County 01/11/2024 Major Site Plan
2022-01 Commissioners Approval
01/11/2022 Resolution No. Board of County 01/11/2024 Rezone to PNRD &
2022-048 Commissioners Preliminary Site Plan
Approval
File No.: EDO-2403-000037 PDS 2024-022
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