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HomeMy WebLinkAbout25-078 PDS ORDER 2025-078 File No. EDO-2507-000061 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED MINOR SITE PLAN AS 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 development order extension timely submitted by Jim Chalmers, of Cabo Rio, LLC, and has made the following determinations: 1. On July 5, 2022, the Board of County Commissioners granted approval through Resolution No. 2022-117 for an amendment to the Official Zoning Atlas from the AR-1 (Agricultural, Residential — 1) and CG (Commercial, General) Zoning Districts to the PRW (Planned Retail Workplace) Zoning District and Preliminary Regulating Plan for the project known as Cabo Rio RV Resort. The project is located at 4770 N Kings Highway, Fort Pierce, FL, within the PRW (Planned Retail Workplace) Zoning District. 2. On June 2, 2023, the Planning and Development Services Director granted approval through PDS Order No. 2023-038 for a Minor Site Plan for 146 platted lots and a 2.64- acre future commercial outparcel. 3. On June 6, 2023, the Board of County Commissioners approved the Cabo Rio RV Resort Plat and commercial outparcel. 4. On October 5, 2024, Governor DeSantis issued Executive Order Number 24-214 declaring a state of emergency for certain counties in the State of Florida, including St. Lucie County, as a result of the threat of Hurricane Milton. This emergency declaration was effective on October 5, 2024, and would have expired 60 days later, on December 4, 2024. Subsequent executive orders have continued to extend Executive Order 24-214, including Executive Order 25-119, which extended the State of Emergency to July 28, 2025. 5. On July 7, 2025, the applicant, Jim Chalmers, of Cabo Rio, LLC, filed a request to extend the termination date for the project known as Cabo Rio RV Resort pursuant to Executive Order 25-119 (Hurricane Milton). 6. 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 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. 7. 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 File No.: EDO-2507-0000n1 PDS Order 2025-078 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Page: 1 SAINT LUCIE COUNTY FILE# 5537358 10/08/2025 01:24:18 PM OR BOOK 5378 PAGE 2837-2839 Doc Type:ORD RECORDING: $27.00 emergency. The applicant applied for this extension on July 7, 2025, which is within the time frame established by the Statute. 8. Planning Staff has performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County Development Order. Further analysis is found in the memorandum titled Cabo Rio RV Resort — Executive Order Extension (EDO- 2507-000061), September 29, 2025. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 252.363 of the Florida Statutes State of Emergency Act, the administrative approval project known as Cabo Rio RV Resort, has been found to be eligible for a statutory extension. The approval granted under PDS Order 2023-218 is extended from its last scheduled date of expiration, June 2, 2025, and now shall expire June 2, 2027, for the property described below in Paragraph B. B. The property on which this Development Order Extension is being granted is described as follows: Legal Description: THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING IN THE NORTHWEST 1/4 OF THE SOUTHWEST 114 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. File No.: EDO-2507-000061 PDS Order 2025-078 Page: 2 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 114 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. CONTAINING 25.13 ACRES, MORE OR LESS PARCEL ID NO.: 1313-321-0002-000-4 C. This statutory extension approval shall expire on June 2, 2027, unless a plat is recorded in public records or an extension has been granted by Section 11.02.06, St. Lucie County Land Development Code. D. The conditions of approval as outlined in PDS Order 2023-038, are an integral non - severable part of the approval as granted by this administrative extension. If any condition set forth within this Order are 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 this vel-day of 2025. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCI flU TY, FLORIDA BY l e in Bald r, AICP APPROVED AS TO FORM AND CORRECTNESS: BY ; Interim County Attorney File No.: EDO-2507-000061 PDS Order 2025-078 Page: 3