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Home My WebLink AboutPDS-16-047 - International Airport Business ParkJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4251461 11!212016 10:49:17 AM OR BOOK 3935 PAGE 1959 - 1962 Doc Type: ORD RECORDING: $35.50 POS NO. 16-047 (File No, BCC_CSEN-720165060) AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE FOR THE PROJECT KNOWN AS INTERNATIONAL AIRPORT BUSINESS PARK MAJOR 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 International Airport Business, and has made the following determinations: On August 16, 2005, the Board of County Commissioners adopted Resolution 05-149, granting Major Site Plan approval for the project known as International Airport Business Park for 27,570 square feet of flexible business/industrial space and a 2,400 square foot convenience store and service station for a total of 29,970 square feet of space for property located at the southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue in the IL (Industrial, Light) Zoning District, 2. On May 22, 2007, the Board of County Commissioners adopted Resolution No. 07-125, granting a 12 -month extension to the International Airport Business Park Major Site Plan, from its date of scheduled expiration, August 16, 2007, with the new date of expiration being August 16, 2008. 3. On January 6, 2009, the Board of County Commissioners adopted Resolution No. 09-003, granting a second, 12 -month extension to the International Airport Business Park Major Site Plan from its scheduled expiration, August 16, 2008, with the new date of expiration being August 16, 2009. In conjunction with this extension, the Board of County Commissioners adopted Resolution No. 09-004, approving a Proportionate Fair Share and Road Impact Fee Credit Agreement for improvements to the intersection of King's Highway and St. Lucie Boulevard. 4. On December 21, 2009, the Planning and Development Services Director granted through GM Order 09-032 a statutory extension for two years from its date of scheduled expiration, August 16, 2009, with the new date of expiration being August 16, 2011. 5. On August 11, 2009, the Board of County Commissioners granted an amendment to the International Airport Business Park Major Site Plan Development Order to allow the issuance of a building permit prior to receipt of the United States Fish and Wildlife Service (USFWS) Permit and Vegetation Removal Permit, with the condition that no construction requiring clearing be permitted until the permits are received. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY File No.: BCC-CSEN-720165060 FILE # 425535712/07/2016 02:05:07 PM S Order No. 16-047 November 4, 2016 OR 1300K 3940 PAGE 231 - 234 Doc Type: ORD RECORDING: $35.50 Page 1 6. On November 30, 2010 the Planning and Development Services Director granted through PDS Order No. 10-020 a second statutory extension with the new date of expiration being August 16, 2013. 7. On February 27, 2012 the Planning and Development Services Director granted through PDS Order No. 12-018 a development order extension due to a State of Emergency because of the drought and wildfires occurring in the State of Florida with the new date of expiration being July 6, 2014. 8. On February 15, 2013, the Planning and Development Services Director granted through PDS Order No. 13-003 a development order extension due to a State of Emergency because of the threat of Tropical Storm Isaac with the new date of expiration being April 14, 2015. 9. 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 March 4, 2017. 10. On September 2, 2016, the Planning and Development Services Director authorized a statutory extension under Executive Order 16-204 in accordance with Florida Statutes Section 252.363 further extending the expiration date to November 3, 2017. 11, On June 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16-155 declaring a State of Emergency for Florida due to increased number of algae blooms in the month of June 2016 as a result of frequent discharges of harmful water from Lake Okeechobee to the St. Lucie River and estuaries. 12. On August 29, 2016, Florida Governor Rick Scott issued Executive Order (EO) No. 16- 204 extending the State of Emergency for Florida due to the increased number of algae blooms in the St. Lucie River and estuaries as the result of frequent discharges of harmful water from Lake Okeechobee. 13. 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. 14. 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. 15. Planning Staff performed an analysis of the project and determined that the extension is consistent with all the original St. Lucie County development orders granting approval. The analysis is found in the memorandum titled International Airport Business Park EO 16-204 Extension, dated November 4, 2016. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: File No.: BCC-CSEN-720165060 PDS Order No. 16-047 November 4, 2016 Page 2 A. Pursuant to Section 252.363 Florida Statues of the State of Emergency Act the approval for the project known as International Airport Business Park Major Site Plan has been found to be eligible for a statutory extension. The approval granted under PDS Order is extended from its last scheduled date of expiration November 3, 2017 and shall now expire September 3, 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. Prior to issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall construct a left turn lane for the proposed project on St. Lucie Boulevard. 3. Prior to issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall construct a 6 foot wide sidewalk along the project's frontage on St. Lucie Boulevard. 4. 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 including but not limited to state and federal agency approvals. 5. Prior to issuance of a certificate of occupancy, the applicant shall provide required tree mitigation per the approved plans. B. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: Lots 1 through 18, Block 37, of SAN LUCIE PLAZA UNIT ONE according to the plat thereof recorded in plat book 5, page 57, of the public records of St. Lucie County, Florida and the North '/z of vacated Hawthorne Road Right -of -Way adjacent on the south of lot 18; less the north 30 feet of Lot 1; the East 3 feet of the vacated right -of --way of Hawthorne Avenue for Road Right -of -Way. TOGETHER WITH: Lot 1, Block 15a, of SAN LUCIE PLAZA UNIT ONE according to the plat thereof recorded in plat book 5, page 57, of the public records of St. File No.: BCC-CSEN-720165060 PDS Order No. 16-047 November 4, 2016 Page 3 Lucie County, Florida and the South '/2 of the vacated right-of-way of Hawthorne Road on the North of Lot 1, less the east 3 feet of Lot 1 and the East 3 feet of the vacated right-of- way of Hawthorne Avenue for Road Right -of -Way. (TAX ID#'S: 1428-702-0634-00015 AND 1428-702-0232-00017) (Location: Southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue) C. This Major Site Plan statutory extension approval shall expire on September 3, 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 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 4th day of November, 2016. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY4LORIDA LIM , Al APPROVED AS TO FORM AND CORRECTNESS: G 1Planning\PROJEOT FILESUternational Airport Business Park File No.: BCC-CSEN-720165060 November 4, 2016 PDS Order No. 16-047 Page 4