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HomeMy WebLinkAboutPDS-14-050 - Martin Office BuildingEi 1 2 3 4 5 1.1 7 8 9 10 11 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4033132 01122/2015 at 02:48 PM OR BOOK 3709 PAGE 2544 - 2548 Doc Type: ORD RECORDING: $44.00 PDS NO. 14-050 (File No. BCC 1120144825) AN ORDER GRANTING A TWO-YEAR LAND DEVELOPMENT CODE ADMINISTRATIVE EXTENSION TO SITE PLANS PROVIDED BY SECTION 11.02.06(B)(4) TO THE SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY APPROVED MAJOR SITE PLAN FOR THE PROJECT KNOWN AS MARTIN OFFICE BUILDING. 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(B)(4) Land Development Code on behalf of Guadamonte, Inc. and has made the following determinations: 1. On, December 2, 2008, the St. Lucie County Board of County Commissioners granted approval, through Resolution No. 08-177, to the petition of Guadamonte, Inc. for the Major Site Plan approval for the project known as Martin Office Building, on property located on the north side of St. Lucie Boulevard, approximately 500 feet west of the intersection Hammond Road and St. Lucie Boulevard. 2. On December 2, 2008, the St. Lucie County Board of County Commissioners entered into a Proportionate Fair Share Agreement with Guadamonte, Inc. through Resolution No. 08- 295 for traffic impacts triggered by the Martin Office Building Major Site Plan. The proportionate fair share contribution shall be applied as a credit against road impact fees for building permits on the subject property. 3. On December 23, 2009, the Planning and Development Services Director in accordance with Florida Statutes Community Renewal Act authorized a site plan extension which expired on December 2, 2012. 4. On December 28, 2010, the Martin Office Building Major Site Plan expiration date of December 2, 2012 was further extended in accordance with Florida Statues Senate Bill 1752 for two years and was scheduled to expire on December 2, 2014. 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 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 1120144825 December 28, 2014 PDS Order No. 14-050 Page 1 44 45 46 47 years following its date of expiration. 7. 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. Pastor Jimmie Nettles submitted a letter requesting an administrative extension to the Planning and Development Services Director on November 25, 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 Martin Office Building Administrative Extension, dated December 28, 2014. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director, A. Pursuant to the provisions of Section 11.02.06(B)(4) of the St. Lucie County Land Development Code, the Major Site Plan approval for the project known as Martin Office Building has been found to be eligible for a two year administrative extension such that from the scheduled date of expiration, December 2, 2014 shall now expire on December 2, 2016, for the property described in Part B, is hereby approved subject to 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. Condition A-1 of Resolution No. 08-177, remains. No clearing or other site work shall commence until after constructible engineering plans have been approved by the County Engineer and all county environmental permits have been issued by Environmental Resources Department pursuant to Section 11.02.08(B)(8) of the St. Lucie County Land Development Code. 3. Condition A-2 of Resolution No. 08-177, remains. Pursuant to Section 11.02.08(B)(6) of the St. Lucie County Land Development Code, no work shall commence on the site until all regulatory permits required from Federal, File No.: BCC 1120144825 December 28, 2014 PDS Order No. 14-050 Page 2 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 44 45 46 47 State, and regional agencies and special districts have been issued. The Florida Department of Environmental Protection, National Pollutant Discharge and Elimination System compliance notice must be submitted to the County Engineer with the constructible engineering plans at the time of building permit application or during permit review or no paving, grading, and drainage permit and no building permit shall be issued. All National Pollutant Discharge and Elimination System Best Management Practices shall be instituted on the site prior to site clearing maintained daily. Stormwater ponds shall be roughed in at the same time the site is cleared of groundcover. 4. Condition A-3 of Resolution No. 08-177, has been satisfied. 5. Condition A-4 of Resolution No. 08-177, has been satisfied. 6. Condition A-5 of Resolution No. 08-177, remains. The developer, his successor or assigns, shall enter into an agreement with the County in a manner acceptable to the County Attorney, to pay a fee in lieu of to the County for sidewalk construction. The fee in lieu of shall be based on an engineer's estate and approved by the County Engineer. In accordance with Section 7.05.04,(A)4.h of the St. Lucie County Land Development Code the funds delivered to the County shall be used for design and construction of sidewalks at locations as determined by the County. The funds are nonrefundable. 7. Condition A-6 of Resolution No. 08-177, is hereby replaced with the following. 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 agency 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 agency 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. OR ' File No.: BCC 1120144825 December 28, 2014 PDS Order No. 14-050 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 pr ■ 11111100"I"M A. 8. Condition A-7 of Resolution No. 08-177, remains. Per the FWS August 13, 2008, comment letter, vegetative clearing for this project shall be conducted outside of the scrub -jay nesting season (March 1 to June 30). 9. Condition A-8 of Resolution No. 08-177, is hereby deleted. 10. Condition A-9 of Resolution No. 08-177, remains. At least twenty-four (24) hours prior to any crane activity on the proposed site the contractor shall contact the St. Lucie County International Airport Air Traffic Control Tower. 11. Condition A-10 of Resolution No. 08-177, remains. The proposed building design shall be required to satisfy the St. Lucie County Architectural Standards as set forth in Section 7.10.24 of the Land Development Code. 12. Condition A-11 of Resolution No. 08-177, has been satisfied. Fair Share AoreerAeRt, P"FRIORWA Rt-Gtien 5.0:7.F.2 aGGeptablete the BeaFd of County B. The property on which this development order extension is being granted is described as follows: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTH Y2 OF SOUTH Y2 OF SOUTHEAST '/4 OF SOUTHWEST Y4 OF SECTION 30, TOWNSHIP 34 SHOUTH, RANGE 40 EAST, RUN N 00059'37" E. A DISTANCE OF 48 FEET; THEN RUN S 89005'10" E, 609.66 FEET MORE OR LESS TO A 6 FOOT HIGH CHAIN LINK FENCE FOR A POINT OF BEGINNING; THEN RUN NORTHERLY ALONG THE CHAIN LINK FENCE TO THE NORTH LINE OF SAID SOUTH '/2 OF THE SOUTH '/z OF THE SOUTHEAST Y4 OF THE SOUTHWEST %; THENCE RUN S 89°04'57" E ALONG SIAD NORTH LINE A DISTANCE 297.5 FEET MORE OR LESS TO AN OLD BARBED WIRE FENCE WHICH RUNS NORTH AND SOUTH; THENCE RUN SOUTHERLY ALONG SAID BARBED WIRE FENCE TO A POINT 48 FEET NORTH OF THE SOUTH LINE OF File No.: BCC 1120144825 December 28, 2014 PDS Order No. 14-050 Page 4 SAID SOUTH/20F THE SOUTH'/z OF THE SOUTHEAST % OF THE SOUTHWEST %4, THENCE RUN SOUTH'h OF THE SOUTHEAST % OF THE SOUTHWEST 1/4, THENCE RUN N 89005'10" W PARALLEL TO SAID SOUTH LINE TO THE POINT OF BEGINNING. (Property Tax ID#:1430 343 0028 000/0) C. This Major Site Plan administrative extension approval shall expire on December 2, 2016, unless building permits have been issued and construction started 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 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 28th day of December, 2014 PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Satterlee, AICP APPROVED AS TO FORM AND CORRECTNESS: County Attoiney Lap r G:\Planning\PROJECT FILES\Martin Office Building BCC1220104210 File No.: BCC 1120144825 PDS Order No. 14-050 December 28, 2014 Page 5