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Home My WebLink AboutPDS-14-034 - Port St. Lucie Shopping CenterJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3977820 07122/2014 at 02:48 PM OR BOOK 3655 PAGE 168 - 171 Doc Type: ORD RECORDING: $35.50 1 2 3 4 5 6 8 9 Zo PDS 14-034 FILE NO.: BCC 320144740 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 PLANNED NON RESIDENTIAL DEVELOPMENT SITE PLAN FOR THE PROJECT KNOWN AS PORT ST. LUCIE SHOPPING CENTER. 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 Michael Calandrillo on behalf of St. Lucie Realty Group, LLC and has made the following determinations: 1. On October 23, 2012, the Board of County Commissioners granted approval through Resolution No. 12-114 for a rezoning to PNRD (Planned Non Residential Development) and Site Plan for the project known as Port St. Lucie Shopping Center located at the northwest corner of Prima Vista Blvd and S. U.S. Hwy 1. 2. 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. 3. 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) years following its date of expiration. 4. The amendment further provides that 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. The applicant submitted the request for an administrative extension on March 20, 2014. 5. 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, Environmental Resources Department and found not to be in significant noncompliance with the original St. Lucie County development order granting approval. File No.: BCC 320144740 July 8, 2014 PDS 14-034 Page 1 6. Planning Staff and Environmental Resources Department 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 Port St. Lucie Shopping Center Administrative Extension, dated July 8, 2014. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Planning and Development Services of St. Lucie County, Florida: A. Pursuant to Section 11.02.06(8)(4) of the St. Lucie County Land Development Code, the Planned Non Residential Development Site Plan, approved through Resolution No. 12-114, is hereby granted an extension for a period of two years from its last scheduled date of expiration, October 23, 2014 and shall now expire October 23, 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 Resolution No. 12-114 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. Condition B-1 of Resolution No. 12-114, hereby deleted because Entrada Avenue Right of Way was conveyed to FDOT. ~inr + n +hn ~~+ ,,n nnn ~ rin h# of ,~,~ ~i n i4 ~nnlin~n4 ch~l e>/ ~ ~b+{~t~--~-, ~ LT1~ID~VQTIV~ ~fgl7T'pT-TR i T~ T~7ri rlT'1~ 0 ~, ~, 3. Condition B-2 of Resolution No. 12-114, has been satisfied. Within 90 days after receiving final site plan approval, the applicant shall convey the required road right-of-way for Camino Street. Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. Pursuant to Chapter 7.05.03 of the St. Lucie County Land Development Code, the applicant may be granted credits against road impact fees. File No.: BCC 320144740 July 8, 2014 PDS 14-034 Page 2 4. Condition B-3 of Resolution No. 12-114, remains. Prior to the issuance of a Building Permit, the applicant shall provide a fair share contribution, payable to St. Lucie County in the amount of $3,750.00 for a costs of constructing future covered shelters for transit stops in the general area. 5. Condition B-4 of Resolution No. 12-114, remains. All on-site exterior lighting shall be cast downward and shielded from adjacent properties. 6. Condition B-5 of Resolution No. 12-114, remains. Prior to the issuance of a Certificate of Occupancy, the property owner shall submit a tabular summary that includes each tenant and the square footages for all uses on site to the County's Code Enforcement Division. This summary shall be updated and submitted each time an interior renovation permit and business tax license are submitted to the County for review and approval. 7. Condition B-6 of Resolution No. 12-114, remains. Prior to the issuance of a Certificate of Occupancy, the perimeter eight (8) foot high wall shall be installed. 8. The following condition is hereby added: The issuance of a 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 deferral 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. B. The property on which this administrative extension is being approved is described as follows: LOTS 1 & 2, BLOCK 27 AND ALL OF TRACT `D' ACCORDING TO THE PLAT OF RIVER PARK UNIT #3, AS PER PLAT THEREOF ON FILE IN PLAT BOOK 10, AT PAGE 80 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE LANDS OF MOBIL OIL CORPORATION AS RECORDED IN O.R. BOOK 201, PAGE 33 AND LANDS OF CHARLES N. AND OLIVE WEBB AS RECORDED IN O.R. 201, PAGE 1634 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS A 33 FOOT EASEMENT AS RECORDED IN O.R. 929, File No.: BCC 320144740 PDS 14-034 July 8, 2014 Page 3 PAGE 2453 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Parcel ID Numbers: 3419-515-0178-000/4, 3419-515-0001-000/3 and 3419-515- 0001-010/6 C. This Planned Non Residential Development Site Plan approval administrative extension shall expire on October 23, 2016, unless building permit has been issued for construction or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. D. 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. E. 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 the resolution is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this order 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 8th day of July, 2014. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Mark Sa erlee, ICP, Director APPROVED AS TO FORM AND CORRECTNESS: my Attorney G:\Planning\PROJECT FILES\Port St. Lucie Shopping Center PNRD File No.: BCC 320144740 PDS 14-034 July 8, 2014 Page 4