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Home My WebLink AboutPDS-14-032 - Oceanic TransportationJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3970126 06!26/2014 at 11:46 AM e: ORD OR BOOK 3647 PAGE 953 - 957 Doc Typ RECORDING: $44.00 PDS N O. 14-032 (File No. BCC 320144738) 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 MINOR SITE PLAN FOR THE PROJECT KNOWN AS OCEANIC TRANSPORTATION. 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) Land Development Code on behalf of Oceanic Transportation of St. Lucie County, LLC, and has made the following determinations: On December 1, 2009, the Planning and Development Services Director granted Minor Site Plan approval through GM 09-014 for the project known as Oceanic Transportation fora 460 square foot office trailer on 6.47 acres for a truck storage and distribution center for property located at 220 Boyd Road in the IL (Industrial, Light) Zoning District. 2. On April 7, 2009, the Board of County Commissioners adopted Resolution No. 09-104, accepting a warranty deed for additional five feet of right-of-way on Boyd Road fronting the subject property. 3. Pursuant to Resolution No. 09-014, condition number 5, April 6, 2010, the developer, Jose Frank Vega and the Board of County Commissioners entered into a Proportionate Fair Share and Road Impact Fee Credit Agreement as a means of mitigating the project's transportation concurrency impact on the Kings Highway and Orange Avenue intersection. 4. On October 31, 2011, the Planning and Development Services Director granted through PDS Order 11-023 a statutory extension for two years from its date of scheduled expiration, December 1, 2011, with the new date of expiration being December 1, 2013. 5. 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. 6. The amendment approved by Ordinance 2013-43 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) years following its date of expiration. File No.: BCC 320144738 PDS Order No. 14-032 June 17, 2014 Page 1 7. The amendment further provides that for all site plans expired between the dates of January 1, 2013 and February 28, 2014, the request for the Land Development Code extension must be timely made in writing by February 28, 2014; 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. The request for the extension was submitted February 24, 2014. 8. Further, pursuant to Section 11.02.06, the request for the Land Development Code administrative extension must be reviewed by Planning and Development Services Department and Environmental Resources Department and found not to be in significant noncompliance with the original St. Lucie County development order granting approval. 9. Planning Staff and Environmental Resources Department have performed a detailed analysis of the project and determined that the administrative extension is consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the memorandum titled Oceanic Transportation Administrative Extension, dated June 17, 2014. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Section 11.02.06(6)(4) of the St. Lucie County Land Development Code, the Minor Site Plan approval for the project known as Oceanic Transportation has been found to be eligible for a two year administrative extension such from the scheduled date of expiration, December 1, 2013 and shall now expire December 1, 2015, for the property described in Part B, is hereby approved with the following conditions: 1. All previous conditions of approval applicable to the subject property, as contained in the above referenced development orders have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines established by Chapter 11 of the Land Development Code and the Board of County Commissioners, unless expressly modified herein. 2. The following Condition A-1 of GM 09-014 is hereby deleted. . nrr-~/in~nv htm 3. The following Condition A-2 of GM 09-014 is hereby deleted. ~n~i ron,,irorl forlorol ~nr7 c~~~o riermi~c innl~,rlinn h~,4 n~4 limi4or! ~r~ ~ 1 IC Cic~h ~nrJ , File No.: BCC 320144738 PDS Order No. 14-032 June 17, 2014 Page 2 4. The following Condition A-3 of GM 09-014, remains. Within ninety (90) days of issuance of a Vegetation Removal or Exemption Permit, all Category I and II Invasive Exotic vegetation, as defined by the most recent list by Florida Exotic and Pest Plant Council, shall be removed from the site. 5. The following Condition A-4 of GM 09-014, is hereby amended. Prior to applying for a building permit, the owner shall be required to submit well and septic permit applications s~~y to the health Department for review and approval. 6. The following Condition A-5 of GM 09-014, has been satisfied. . , 6+inn Tn +ho ov+en# A n # p i nc~rmi++o r! i ini-lor Con+inn x (17 C #ho nrnnnr#inn~# ~e r i r~,r-~e Fe- . 7. The following Condition A-6 of GM 09-014, has been satisfied. 8. The following Condition A-7 of GM 09-014, remains. There shall be no outdoor storage of materials or goods on the property, with the exception of truck trailers and serviceable vehicles. File No.: BCC 320144738 PDS Order No. 14-032 June 17, 2014 Page 3 9. The following Condition A-8 of GM 09-014, remains. Prior to the issuance of a building permit, the petitioner, their successors or assigns shall obtain a North St. Lucie River Water control District permit for the surface water management system. 10. The following Condition is hereby added. 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 agencv and 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 agencv or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development including but not limited to state and federal agencv approvals. B. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE SOUTHWEST '/a OF THE NORTHEAST '/a OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LYING NORTH OF ORANGE AVENUE EXTENSION (STATE ROAD 68) AND EAST OF THE N.S.L.R.W.C. DISTRICT CANAL NO. 57, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 1, BLOCK "C" CARBOY INDUSTRIAL PARK - UNIT ONE, ACCORDING TO THE PLAT THEROF AS RECORDED IN PLAT BOOK 28, PAGE 13, OF THE PUBLIC RECORDS, OF ST. LUCIE COUNTY, FLORIDA AND A POINT LYING 350.01 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST ~/a OF THE NORTHEAST ~/a OF SASID SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST; THENCE NORTH 89 DEGREES, 14 MINUTES, 39 SECONDS WEST*, PARALLEL WITH SAID NORTH LINE OF SOUTHWEST ~/a OF THE NORTHEAST '/a OF SAID SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST, A DISTANCE OF 674.38 FEET, TO THE EAST LINE OF SAID SOUTHWEST ~/a OF THE NORTHEAST'/a OF SAID SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST; THENCE SOUTH 00 DEGREES, 02 MINUTES, 05 SECONDS EAST ALONG SAID EAST LINE A DISTANCE OF 396.61 FEET, TO THE NORTH LINE OF PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 469, AT PAGE 39, OF THE PUBLIC RECORDS, OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES, 56 MINUTES, 45 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 536.69 FEET, TO THE EAST LINE OF TRACT "B" (STORMWATER MANAGEMENT), OF SAID CARBOY INDUSTRIAL PARK -UNIT ONE; THENCE NORTH 00 DEGREES, 02 MINUTES, 05 SECONDS WEST ALONG SAID EAST LINE A DISTANCE OF 154.18 FEET TO THE NORTHEAST CORNER OF SAID TRACT "B" A DISTANCE OF 141.09 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK "C", A DISTANCE OF 250.00 FEET RETURNING TO THE POINT OF BEGINNING. File No.: BCC 320144738 PDS Order No. 14-032 June 17, 2014 Page 4 TOGETHER WITH: LOT 1, BLOCK "C" ACCORDING TO THE PLAT OF CARBOY INDUSTRIAL PARK - UNIT ONE. BOTH PARCELS CONTAINING 6.473 ACRES, MORE OR LESS (TAX ID#'S: 2212-500-0015-000/0) (Location: East side of Boyd Road, approximately 800 feet north of Orange Avenue) C. This Minor Site Plan administrative extension approval shall expire on December 1, 2015 unless a building permit is issued and active or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. D. The conditions set forth in Part A are an integral non-severable part of the site plan approval as granted by this administrative 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 resolution 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 administrative 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. This ORDER is effective the 17th day of June, 2014. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA ~ ~- BY ' Mark SatteV ee, AICP APPROVED AS TO FORM AND CORRECTN i ,+(~•. h .eL - ~~ , County A lap t` ~~ G:\Planning\PROJECT FILES\Oceanic Transportation File No.: BCC 320144738 PDS Order No. 14-032 June 17, 2014 Page 5