HomeMy WebLinkAboutPDS-16-046 - Statutory Extension to BPSC Industries, LLCJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4251462 1112312016 10:49:17 AM
OR BOOK 3935 PAGE 1963 - 1966 Doc Type: ORD
RECORDING: $35.50
1 PDS ORDER 16-046
2 FILE NO.: BCC 920165059
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4 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY
5 SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED
6 EXPIRATION DATE TO THE APPROVED SITE PLAN KNOWN AS
7 BPSC INDUSTRIES, LLC MAJOR SITE PLAN.
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WHEREAS, the Planning and Development Services Director has reviewed the request for
development order extension timely submitted and in accordance with the provisions of Section
252.363, Florida Statues on behalf of BPSC Industries, LLC and has made the following
determinations:
1. On January 5, 2010, the Board of County Commissioners via Resolution No. 10-008 granted
major site plan approval of the petition of BPSC Industries, LLC consisting of eight (8)
buildings totaling 374,949 square feet with the following uses:
• 202,949 square feet of warehouse
• 72,000 square feet of office
• 9,000 square feet of mezzanine
• 91,000 square feet of light manufacturing
2. On January 12, 2012, the Planning and Development Services Director, through PDS Order
12-007, authorized a site plan extension in accordance with Florida Statutes Community
Renewal Act.
3. On April 17, 2014, the Planning and Development Services Director granted a two year Land
Development Code administrative extension in accordance with Section 11.02.06(B)(4) that
expired on November 27, 2016.
4. On June 29, 2016, Florida Governor Rick Scott, issued Executive Order 16-155 declaring a
60 day State of Emergency for Martin and St. Lucie counties due to increased number algae
blooms in local waterways as the result of discharges from Lake Okeechobee into the St.
Lucie River and Estuary.
5, On August 29, 2016, Florida Governor Rick Scott, extended Executive Order 16-155 an
additional 60 days through Executive Order 16-204.
6. 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.
7. 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 September 8, 2016.
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8. Planning Staff performed an analysis of the project and determined that the extension is
consistent with the original St. Lucie County Development Order granting approval. The
analysis is found in the memorandum titled BPSC Industries LLC Major Site Plan E016-204
Extension, dated November 2, 2016.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Development Services Director of
St. Lucie County, Florida:
A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act, the Major Site
Pian approval for the project known as BPSC Industries, LLC has been found to be eligible
for an extension. The approval granted under this PDS Order is extended for 120 days
and 6 months and is now scheduled to expire September 24, 2017, for the property
described in Part B, is hereby approved with the following conditions.
All previous conditions of approval applicable to the subject property, as contained in the
above -referenced development orders have been consolidated as contained herein.
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 Department, Fire Department, and any other agency that may be
determined by the Planning and Development Services Director 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 Planning and Development Services Department,
2. Prior to the issuance of a right of way permit, the applicant shall execute a Road
Improvement Agreement with St. Lucie County and submit a surety for the proposed public
improvements. The amount of surety shall be 115% of the engineer's estimate of probable
cost. The amount of surety shall be approved by the County Engineer and the form of
surety shall be approved by the County Attorney. A copy of the standard "Agreement" can
be obtained by visiting the St. Lucie County Public Works Department website at:
http://www.stiucieco.gov/public workslindex.htm.
3. The County's issuance of development approval does not constitute compliance with any
federal and state requirements. Applicable, federal and state approvals/permits are
required prior to the commencement of any development activity (i.e. clearing, grading,
removing structures, etc.). The responsibility for contacting federal and state agencies,
procuring permits/approvals and compliance with applicable laws are the sole
responsibility of the applicant.
4. Per Florida Statute 125.022, the issuance of development approval 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
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violation of state or federal law.
5. 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.
6. Prior to the issuance of a Vegetation Removal Permit or Exemption the applicant shall
provide the St. Lucie County Environmental Resources Department with an updated
Environmental Impact Report (EIR).
B The property on which this development order extension is being granted is described as
follows-,
PARCEL 1:
The west % of the SE % of the NW '/4 of Section 31, Township 34 south, Range 40 east;
excepting therefrom rights of way for drainage canals and public roads.
Containing +1- 17.70 acres
PARCEL 3
The south 583.8 feet of the north 633.8 feet of the east '/2 of the SE '/4 of the NW '/4 of
section 31, township 34 south, range 40 east.
Containing +1- 8.92 acres
PARCEL 4
The south 583.8 feet of the north 1217.6 feet of the east '/2 of the SE '/4 of the NW '/ of
section 31, township 34 south, range 40 east.
Containing +1- 8.77 acres
All lying and being within St. Lucie County, Florida containing +1- 35.39 total acres.
Tax ID#: Part of 1431-130-0000-00011
C. This Major Site Plan statutory extension approval shall expire on September 24, 2017
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.
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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 2n" day of November, 2016.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST, LUCIE COUNTY, FLORIDA
APPROVED AS TO FORM
AND CORRECTNESS:
G:IPlanning\PROJECT FILESIBPSC Major Site Plan-1BPSC Major Site Plan Extension BCC -920165059
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