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Home My WebLink AboutPDS-16-041 - St. Lucie Business Park Storage PNRD Site PlanPDS NO. 16-041 (File No. BCC_CSEN-720165044) AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE FOR THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK STORAGE PNRD SITE PLAN. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for development order extension timely submitted by Greenspoon Marder Law Firm 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 • 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 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY File No.: BCC-CSEN-720165044 FILE# 423578410105/201609:07:00AM PDS No. 16-041 September 2, 2016 OR BOOK 3919 PAGE 269 - 272 000 Type: ORD Page 1 RECORDING: $35.50 because of the threat of Tropical Storm Debby and Tropical Storm Issac with the new date of expiration being January 1, 2018. 6. On November 5, 2015, the Planning and Development Services Director authorized a statutory extension under Executive Order 15-173 in accordance with Florida Statutes Section 252.363 further extending the expiration date to September 2, 2018. 7. On February 26, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16- 59 declaring a State of Emergency in Lee, Martin and St. Lucie counties due to severe weather and heavy rainfall during the winter and spring months of 2015-2016 that resulted in frequent discharges of harmful water from Lake Okeechobee to the St. Lucie and Caloosahatchee rivers and estuaries. 8. On June 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16-155 declaring a State of Emergency in Martin and St. Lucie counties due to the harmful waters that continue to be discharged from Lake Okeechobee into the St. Lucie and Caloosahatchee rivers and estuaries. 9. 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. 10. 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 July 19, 2016. 11. Planning Staff performed an analysis of the project and determined that the extension is consistent with all of the original St. Lucie County development orders granting approval. The analysis is found in the memorandum titled St. Lucie Business Park Storage EO 16- 59 and E016-155 Extension, dated September 2, 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 approval for the project known as St. Lucie Business Park Storage PNRD Site Plan has been found to be eligible for a statutory extension.. The approval granted under Resolution No. 09-008 is extended from its last scheduled date of expiration September 2, 2018 and shall now expire December 30, 2019. 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. File No.: BCC-CSEN-720165044 PDS No. 16-041 September 2, 2016 Page 2 2. 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 Resources Department, Planning and Development Services, Fire Department, and any other agency that may be determined by the Director of 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 involved in the plan review within five business days of the date the plans are received in the Department of Planning and Development Services. 3. 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. 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. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m., seven days per week. 6. 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 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: Lot 1, St. Lucie Business Park, less the south 19 feet, according to the plat thereof, as recorded in plat book 28, pages 9 and 9a, public records of St. Lucie County, Florida. All of the above located in Section 26, Township 36 South, Range 40 East. Containing 1.42 acres more or less. File No.: BCC-CSEN-720165044 PDS No. 16-041 September 2, 2016 Page 3 Parcel ID# 3426-702-0002-00016 Location: The west side of Buisness Park Drive, 610 feet west of the intersection of US Highway #1 and Business Park Drive. C. This Site Plan statutory extension approval shall expire on December 30, 2019 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 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. This ORDER is effective the 2111 day of September, 2016. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLOR1pA LeNe Olson, AICP APPROVED AS TO FORM AND CORRECTNESS: County Attorney Lap G:IPlanning\PROJECT FILES1St. Lucie Business Park Storage12016 St. Lucie Business Park Storage BCC-CSEN 720165044 File No.: BCC-CSEN-720165044 PDS No. 16-041 September 2, 2016 Page 4