HomeMy WebLinkAboutPDS-14-014 - BPSC Industries LLC - Two Year ExtensionJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3950443 05/02/2014 at 09:37 AM
OR BOOK 3627 PAGE 975 - 979 Doc Type: ORD
RECORDING: $44.00
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PDS14-014
(File No. BCC 120144723)
AN ORDER GRANTING A TWO-YEAR LAND
DEVELOPMENT CODE ADMINISTRATIVE EXTENSION TO
SITE PLANS PROVIDED BY SECTION 11.02.06(6)(4) TO
THE SCHEDULED EXPIRATION DATE TO THE
PREVIOUSLY APPROVED MAJOR SITE PLAN FOR THE
PROJECT KNOWN AS BPSC INDUSTIES LLC.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the request for Development Order administrative extension timely submitted and in accordance
with the provisions of Section 11.02.06(6)(4) of the St. Lucie County Land Development Code
by Engineering Design & Construction, Inc. on behalf of BPSC Industries, LLC and has made
the following determinations:
1. On January 5, 2010, the Board of County Commissioners via Resolution No. 10-008
granted major site plan approval of the petition of BPSC Industries, LLC consisting of
eight (8) buildings totaling 374,949 square feet with the following uses:
• 202,949 square feet of warehouse
• 72,000 square feet of office
• 9,000 square feet of mezzanine
• 91,000 square feet of light manufacturing
2. The Planning and Development Services Director, through PDS Order 12-007,
authorized a site plan extension which is due to expire on November 27, 2014 in
accordance with Florida Statutes Community Renewal Act.
3. On January 7, 2013, the Planning and Development Services Director granted approval,
through PDS Order 13-001, a minor adjustment to amend the site plan that results in the
elimination of the eastern portion of the property that is currently zoned PNRD (Planned
Non Residential Development) and conditions of approval set forth in Part A of
Resolution No. 10-008.
4. On December 17, 2013 the St. Lucie County Board of County Commissioners adopted
Ordinance 2013-43 amending the text of the Land Development Code to provide for a
two year administrative extension of approved site plans.
5. The amendment provides that in recognition of the real estate market conditions, any
local government issued site plan that has an expiration date of January 1, 2013 through
December 31, 2014, may be eligible to be extended and renewed for a period of two (2)
File No.: BCC 1 20 1 44723
April 17, 2014
PDS 14-014
Page 1
years following its date of expiration.
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6. The amendment further provides that for all site plans due to expire after February 27,
2014, the request for the Land Development Code extension must be made in writing
prior to the scheduled expiration date, identify the specific authorization for which the
extension is requested, the intended use of the extension and the anticipated time frame
for acting on the authorization. Engineering Design & Construction, Inc. submitted a
letter on behalf of DP Development of the Treasure Coast, LLC requesting an
administrative extension to the Planning and Development Services Director on
February 4, 2014.
7. Further, pursuant to Section 11.02.06, the request for the Land Development Code
administrative extension must be reviewed by Planning and Development Services staff
and found not to be in significant noncompliance with the original St. Lucie County
development order granting approval.
8. Planning Staff has performed a detailed analysis of the project and determined the
administrative extension is consistent with the St. Lucie County Land Development Code
and Comprehensive Plan. The analysis is found in the memorandum titled BPSC Major
Site Plan Administrative Extension, dated April 17, 2014.
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director of St. Lucie County, Florida:
A. Pursuant to the provisions of Section 11.02.06(6)(4), the Site Plan approval for the
project known as BPSC Industries, LLC has been found to be eligible for and consistent
with the provisions contained in administrative extensions to site plans such that the
approval granted under Resolution No. 10-008 and further extended under PDS 12-007
is extended for two years from its scheduled expiration date of November 27, 2014 and
shall now expire November 27, 2016, subject to the following conditions:
All previous conditions of approval to the subject property, as contained in PDS
13-001 have been consolidated as contained herein. The property owner shall
comply with all previous conditions of approval and deadlines previously
established by Chapter 11 of the LDC and the Board of County Commissioners,
unless expressly modified herein.
2. Condition A-2 of PDS 13-001 remains:
No development permits shall be issued until complete sets of sealed
constructible final engineering plans, supporting calculations and survey data for
the site work and offsite improvements are approved by the Office of the County
Engineer, Public Works Department, Utilities Department, Environmental
Resources Department, Planning and Development Services Department, Fire
Department, and any other agency that may be determined by the Planning and
Development Services Director to be necessarily involved in the review and
File No.: BCC 120144723
April 17, 2014
PDS 14-014
Page 2
approval of the constructible final engineering plans for the site work and offsite
improvements. The determination of whether or not plans submitted by the
applicant constitute a complete set of constructible plans shall be made by the
departments involved in the plan review within five business days of the date the
plans are received in the Planning and Development Services Department.
3. Condition A-4 of PDS 13-001 remains:
Prior to the issuance of a right of way permit, the applicant shall execute a Road
Improvement Agreement with St. Lucie County and submit a surety for the
proposed public improvements. The amount of surety shall be 115% of the
engineer's estimate of probable cost. The amount of surety shall be approved by
the County Engineer and the form of surety shall be approved by the County
Attorney. A copy of the standard "Agreement" can be obtained by visiting the St.
Lucie County Public Works Department website at:
http://www.stlucieco.gov/public works/index.htm.
5. Condition A-5 of PDS 13-001 has been satisfied:
Within 90 days the applicant shall enter into a Proportionate Fair Share
Agreement for the development's traffic impacts to the following intersections on
King's Highway: Angle Road and St. Lucie Boulevard.
6. Condition A-7 of PDS 13-001 remains:
The County's issuance of development approval does not constitute compliance
with any federal and state requirements. Applicable, federal and state
approvals/permits are required prior to the commencement of any development
activity (i.e. clearing, grading, removing structures, etc.). The responsibility for
contacting federal and state agencies, procuring permits/approvals and
compliance with applicable laws are the sole responsibility of the applicant.
8. Condition A-8 of PDS 13-001 remains:
Per Florida Statute 125.022, the issuance of development approval does not
create any liability on the part of the county if the applicant fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
9. Condition A-9 of PDS 13-001 is hereby amended to read r~a+~s:
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~e~~
The issuance
of County
development permit does not in any
way create any
rights on the part of the applicant to obtain a permit from a state or federal
File No.: BCC 120144723
April 17, 2014
PDS 14-014
Page 3
1 gency and does not create any liability on the part of the County if the applicant
a
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fails to obtain requisite approvals or fulfill the obligations imposed by a state or
3 federal agency or undertakes actions that result in a violation of state or federal
4 law All other applicable state or federal permits must be obtained before
5 commencement of the development.
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~ 10. The following condition is hereby added:
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9 Prior to the issuance of a Vegetation Removal Permit or Exemption the applicant
1o shall provide the St Lucie County Environmental Resources Department with an
11 updated Environmental Impact Report (EIR).
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13 B. The property on which this administrative extension to a Major Site Plan approval is
14 being granted is described as follows:
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16 LEGAL DESCRIPTION:
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18 PARCEL 1:
19 THE WEST ~/s OF THE SE '/a OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST;
20 EXCEPTING THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC
21 ROADS.
22 CONTAINING +/- 17.70 ACRES
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24 PARCEL 3
25 THE SOUTH 583.8 FEET OF THE NORTH 633.8 FEET OF THE EAST ~/z OF THE SE ~/a OF
26 THE NW '/a OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING
27 THEREFROM RIGHTS OF WAY DRAINAGE CANALS AND PUBLIC ROADS.
28 CONTAINING +/- 8.92 ACRES
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31 PARCEL4
32 THE SOUTH 583.8 FEET OF THE NORTH 1217.6 FEET OF TE EAST ~/z OF THE SE ~/a OF
33 THE NW '/a OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; EXCEPTING
34 THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS.
35 CONTAINING +/- 8.77 ACRES
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37 ALL LYING AND BEING WITHIN ST. LUCIE COUNTY, FLORIDA CONTAINING +/- 35.39
3 8 TOTAL ACRES.
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40 PROPERTY TAX IDENTIFICATION NUMBER: PART OF 1431-130-0000-010-0
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42 C. This Site Plan administrative extension shall expire on November 27, 2016, unless
43 building permit has been issued for construction or an extension has been granted in
44 accordance with Section 11.02.06, St. Lucie County Land Development Code.
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46 D. The Certificate of Capacity granted by the Planning and Development Services Director
47 shall remain valid for the period of this development order. If this order expires or
4s otherwise terminates, the Certificate of Capacity shall automatically terminate.
File No. : BCC 120144723 PDS 14-014
April 17 , 2014 Page 4
E. The conditions set forth in Part A are an integral non severable part of the site plan
approval granted by Resolution No. 10-008. 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 resolution shall become null and void.
F. A copy of this administrative extension shall be placed on file with the St. Lucie County
Planning and Development Services Director.
G. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 17th day of April, 2014.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
`- `~~
BY
Mark Satterlee, AICP, Director
LAP
G:\Planning\PROJECT FILES\BPSC Recycling Facility Major Site Plan
File No.: BCC 120144723 PDS 14-014
April 17, 2014 Page 5
APPROVED AS TO FORM