The URL can be used to link to this page

Home My WebLink AboutPDS-14-030 - International Airport Business ParkJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3973589 07/09/2D14 at 09:49 AM OR BOOK 3650 PAGE 2857 - 2862 Doc Type: ORD RECORDING: $52.50 PDS NO. 14-030 (File No. BCC 520144763) 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 INTERNATIONAL AIRPORT BUSINESS PARK. 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 International Airport Business Park of St. Lucie County, LLC, and has made the following determinations: On August 16, 2005, the Board of County Commissioners adopted Resolution 05-149, granting Major Site Plan approval for the project known as International Airport Business Park for 27,570 square feet of flexible business/industrial space and a 2,400 square foot convenience store and service station for a total of 29,970 square feet of space for property located at the southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue in the IL (Industrial, Light) Zoning District. 2. On May 22, 2007, the Board of County Commissioners adopted Resolution No. 07-125, granting a 12-month extension to the International Airport Business Park Major Site Plan, from its date of scheduled expiration, August 16, 2007, with the new date of expiration being August 16, 2008. 3. On January 6, 2009, the Board of County Commissioners adopted Resolution No. 09- 003, granting a second, 12-month extension to the International Airport Business Park Major Site Plan from its scheduled expiration, August 16, 2008, with the new date of expiration being August 16, 2009. In conjunction with this extension, the Board of County Commissioners adopted Resolution No. 09-004, approving a Proportionate Fair Share and Road Impact Fee Credit Agreement for improvements to the intersection of King's Highway and St. Lucie Boulevard. 4. On December 21, 2009, the Planning and Development Services Director granted through GM Order 09-032 a statutory extension for two years from its date of scheduled expiration, August 16, 2009, with the new date of expiration being August 16, 2011. File No.: BCC 520144763 PDS Order No. 14-030 June 10, 2014 Page 1 5. On August 11, 2009, the Board of County Commissioners granted an amendment to the International Airport Business Park Major Site Plan Development Order to allow the issuance of a building permit prior to receipt of the USFWS Permit and Vegetation Removal Permit, with the condition that no construction requiring clearing be permitted until the permits are received. 6. On November 30, 2010 the Planning and Development Services Director granted through PDS Order No. 10-020 a second statutory extension with the new date of expiration being August 16, 2013. 7. On February 27, 2012 the Planning and Development Services Director granted through PDS Order No. 12-018 a development order extension due to a State of Emergency because of the drought and wildfires occurring in the State of Florida with the new date of expiration being July 6, 2014. 8. On February 15, 2013, the Planning and Development Services Director granted through PDS Order No. 13-003 a development order extension due to a State of Emergency because of the threat of Tropical Storm Isaac with the new date of expiration being April 14, 2015. 9. 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. 10. 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. 11. The developer is requesting that the extension granted through PDS Order No. 13-003 be rescinded which will revert the expiration date back to July 6, 2014 and will allow for the two year administrative extension pursuant to Section 11.02.06(6)(4) to be granted. 12. PDS Order No. 13-003 is rescinded, effective this Order. 13. 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. 14. 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 International Airport Business Park Administrative Extension, dated June 10, 2014. File No.: BCC 520144763 PDS Order No. 14-030 June 10, 2014 Page 2 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 Major Site Plan approval for the project known as International Airport Business Park has been found to be eligible for a two year administrative extension such from the scheduled date of expiration, July 6, 2014 and shall now expire July 6, 2016, 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 Resolution No. 05-149, has been satisfied. Prior to issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall convey to St. Luce County, in manner and form acceptable to the St. Lucie County Attorney, the north 30 feet of the parcel, for the future widening of St. Lucie Boulevard. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 3. The following Condition A-2 of Resolution No. 05-149, has been satisfied. Prior to issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the east 3 feet of the parcel, for the future widening of Cayuga Avenue. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 4. The following Condition A-3 of Resolution No. 05-149, remains. Prior to issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall construct a left turn lane for the proposed project on St. Lucie Boulevard. 5. The following Condition A-4 of Resolution No. 05-149, remains. Prior to issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall construct a 6 foot wide sidewalk along the project's frontage on St. Lucie Boulevard. 6. The following Condition A-5 of Resolution No. 05-149, has been satisfied (FFWCC File No.: BCC 520144763 PDS Order No. 14-030 June 10, 2014 Page 3 Permit #GTT-10-00187 and SLC ERD Permit 20110201), Prior to the issuance of a St. Lucie County Vegetation Removal Permit, an approved Florida Fish and Wildlife Conservation Commission (FFWCC) permit authorizing the off-site relocation of the gopher tortoises shall be presented to St. Lucie County Environmental Resource Division (ERD) staff. Once the permit has been provided, ERD staff shall then authorize any limited clearing required to excavate the burrows and capture the gopher tortoises and commensal species. Once the gopher tortoises are relocated off-site, ERD staff shall conduct an inspection to verify that all gopher tortoises have been relocated and a full Vegetation Removal Permit (based on approved site plan) will be issued. 7. The following Condition A-1 of Resolution No. 09-003, is hereby deleted, in Qnonlll+inno rl~_in~ ~+nr~ !17_17 rn in filll fnrnn nn~ nffnn+ 11 1 1 [ ~J D I~p CI p 1 1~ p p rTD CCI 1Q~TTL't7~r~l ri fl ri pT 8. The following Condition A-2 of Resolution No. 09-003, has been satisfied (FWS Incidental Take Permit TE214678-0), Prior to issuance of a Notice of Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided ERD with copies of any required federal and state permits, including but not limited to a US Fish and Wildlife Service (FWS) Incidental Take Permit and associated FWS-approved Habitat Conservation Plan. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. The applicant shall comply with any state and federal agency regulations and requirements. 9. The following Condition A-3 of Resolution No. 09-003 is hereby deleted, Prinr to i~ Ilonnn of ~ \/onn+~+inn Qom~~i~l Dnrmi+ nr Gvomr,+inn +ho ~+nnlin~+n+ oh~+ll .., ,., ~.. ..,y.,,.....,~ ~ , 1 10. The following Condition A-4 of Resolution No. 09-003, has been satisfied. No Building Permit shall be issued until the developer has entered into a Proportionate Fair Share and Road Impact Fee Credit Agreement, pursuant to Section 5.07. F.2 of the St. Lucie County Land Development Code, acceptable to the Board of County Commissioners, for the construction of the transportation facilities identified therein. Failure to demonstrate compliance with Chapter 5 of the St. Lucie County Land Development Code shall constitute grounds for denial of the Final Site Plan. File No.: BCC 520144763 PDS Order No. 14-030 June 10, 2014 Page 4 11. The following Condition A-1 of Resolution No. 09-073, is hereby deleted. ` ` fy-~ ac+~hlich~ YY ~. (`nmmi~~innorc ~ ~.,locc h~n~n~T ~ ~ ~f }ho -~rzrr ovnrocoh, mnrl ifior! ~~( or, r! Oho nrr! n4 ( ni in+~i ~ v an i s a i m e 12. The following condition is hereby added. The issuance of County development permit does not in any way create any riahts 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. 13. The following condition is hereby added. Prior to issuance of a certificate of occupancy, the applicant shall provide required tree mitigation per the approved plans. B. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: LOTS 1 THROUGH 18, BLOCK 37, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH ~/z OF VACATED HAWTHORNE ROAD RIGHT-OF-WAY ADJACENT ON THE SOUTH OF LOT 18 -LESS THE NORTH 30 FEET OF LOT 1 AND LESS THE EAST 3 FEET OF LOTS 1 THROUGH 18 FOR ROAD RIGHT-OF-WAY AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY FOR HAWTHORNE AVENUE. TOGETHER WITH: LOT 1, BLOCK 15A, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE SOUTH '/z OF VACATED HAWTHORNE ROAD RIGHT-OF-WAY ADJACENT ON THE NORTH OF LOT 1 -LESS THE EAST 3 FEET OF LOT 1 AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY FOR HAWTHORNE AVENUE. File No.: BCC 520144763 PDS Order No. 14-030 June 10, 2014 Page 5 (TAX ID#'S: 1428-702-0634-000/5 AND 1428-702-0232-000/7) (Location: Southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue) C. This Major Site Plan administrative extension approval shall expire on July 6, 2016 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 10th day of June, 2014. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY M r erlee, P s APPROVED AS TO FORM AND CORRECTNESS: County Atto lap ~ G:\Planning\PROJECT FILES\International Airport Business Park File No.: BCC 520144763 PDS Order No. 14-030 June 10, 2014 Page 6