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Home My WebLink AboutPDS-16-006 - St. Lucie Business Park Storager M �O�Cn- 0 '0 00 a QOrnar.Im �C G)101.-0 "NrnN PDS NO. 16-006 OM40_ (File No. BCC 1220154962) N F N p X d O AN ORDER GRANTING A STATUTORY EXTENSION o K M PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE APPROVED PLANNED NON-RESIDENTIAL s o DEVELOPMENT KNOWN AS ST LUCIE BUSINESS PARK a STORAGE. WHEREAS, the St. Lucie County Planning and.Development Services Director has reviewed the request for development order extension timely submitted by Greenspoon Marder Law on behalf of St. Lucie Self Storage, LLC, and has made the following determinations: 1. On September 15, 2009 the Board of County Commissioners granted approval to the preliminary and final planned non-residential development site plan for the project known as St. Lucie Business Park Storage. The St. Lucie Business Park Storage proposed project is located on Lot #1 St. Lucie Business Park subdivision on the west side of Business Park Drive consisting of: • a four-story, 88,270 square foot, self -storage building on a footprint of 22,670 square feet, • 12,184 square feet of paved area for 14 parking spaces and loading area, • 2,780 square feet of existing paved driveway. • 37,634 square feet is the total impervious area of the project, and • 24,215 square feet of open space and landscaping. 2. On December 2, 2009, the Planning and Development Services Director granted through GM Order 09-024 an extension for two years pursuant to Chapter 2009-96, Laws of Florida from its date of scheduled expiration, September 15, 2011, with the new date of expiration being September 15, 2013. 3. On January 21, 2011 the Planning and Development Services Director granted through PDS Order No. 11-003 then amended through PDS Order No. 11-007 an extension for two years pursuant to Chapter 2010-147, Laws of Florida with the new date of expiration being September 15, 2015. 4. On January 27, 2012, the Planning and Development Services Director granted an extension pursuant to Section 252.363 Florida Statutes due to a State of Emergency because of the drought and wildfire conditions occurring in the State of Florida with the new date of expiration being August 6, 2016. 5. On December 4, 2012, the Planning and Development Services Director granted an extension pursuant to Section 252.363 Florida Statutes due to a State of Emergency File No.: BCC 1220154962 PDS Order No. 16-006 February 3, 2016 Page 1 because of the threat of Tropical Storm Debby and Tropical Storm Issac with the new date of expiration being January 1, 2018. 6. On August 28, 2015, Florida Governor Rick Scott, issued Executive Order (EO) No. 15- 173 declaring a State of Emergency for Florida due to the threat of Tropical Storm Erika. 7. Section 252.363 Florida Statutes provides that any local government issued development order or permit may be extended from the period remaining for the duration of the emergency declaration plus six months. 8. Section 252.363 Florida Statutes requires that a specific written notice be filed with the issuing authority within ninety days after the termination of the declaration of emergency. The applicant applied for this extension on December 14, 2015. 9. Planning Staff performed an analysis of the project and determined that the extension is consistent with all the original St. Lucie County development order granting approval. The analysis is found in the memorandum titled St. Lucie Business Park Storage Tropical Storm Erika Extension, dated February 3, 2016. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act the Planned Non Residential Development Site Plan approval for the project known as St. Lucie Business Park Storage has been found to be eligible for an extension. The approval granted under PDS Order No. 12-039 is extended for 60 days and 6 months and is now scheduled to expire September 2, 2018, 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. Condition A-1 of Resolution 09-008, is hereby amended. 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 Recourses Department, Grey& Management Departrn Planning and Development Services, Fire Department, and any other agency that may be determined by the Director of Qrev.dh n anagerneRt Planning and Development Services to be necessarily involved in the review and 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 File No.: BCC 1220154962 February 3, 2016 PDS Order No. 16-006 Page 2 involved in the plan review within five business days of the date the plans rea received in the Department of r-FeyAh Management Planning and Development Services. 3. Condition A-2 of Resolution 09-008, remains. Prior to the issuance of a Certificate of occupancy, the developers, their successors or assigns, shall either construct a 5 -foot wide sidewalk along the development frontage on Business park Drive in accordance with Section 7.05.04, or execute an agreement to pay a fee -in -lieu of construction for sidewalks or multi-purpose paths and remit to the County the required funds within 60 days after receiving final site plan approval. The acceptable method of payment shall be a certified check payable to St. Lucie County. 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. 4. Condition A-3 of Resolution 09-008, remains. The developers, their successors or assigns, shall be required to have a traffic signal warrant study conducted at the intersection of Business Park Drive and South US -1 between 180 days and 240 days after the issuance of a certificate of occupancy. If a signal is warranted by that study, the developers, their successors or assigns, shall design and install the traffic signal in coordination with FDOT. 5. Condition A-4 of Resolution 09-008, remains. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m., seven days per week. 6. Condition A-5 of Resolution 09-008, is hereby deleted. 7. .Condition A-6 of Resolution 09-008, is hereby amended. File No.: BCC 1220154962 PDS Order No. 16-006 February 3, 2016 Page 3 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. B. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: OT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOX 28, PAGES 9 AND 8A, PUBLIC RECORDS OF ST. LCUE COUNTY. SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, CONTAINING 1.42 ACRES Parcel I D# 3426-702-0002-000/6 Location: The west side of Buisness Park Drive, 610 feet west of the intersection of US Highway #1 and Business Park Drive. C. This Planned Non -Residential Development Site Plan statutory extension approval shall expire on September 2, 2018 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 statutory 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. File No.: BCC 1220154962 PDS Order No. 16-006 February 3, 2016 Page 4 This ORDER is effective the 31 day of February, 2016. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY—F-LORIDA ma APPROVED AS TO FORM AND CORRECTNESS: � ii County Attorney Lap GAPlanning\PROJECT FILES\St. Lucie Business Park Storage\St. Lucie Business Park Storage BCC 1220154962 File No.: BCC 1220154962 PDS Order No. 16-006 February 3, 2016 Page 5