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Home My WebLink AboutPDS-17-036 - Airport Business Park Major Site PlanPDS NO. 17-036 File No. EDO 720175160 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 Dreyer Law Firm, P.L. on behalf of International Airport Business Park, 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 October 3, 2016, Florida Governor Rick Scott issued Executive Order 16-230 declaring a 60 day State of Emergency due to the threat of Hurricane Matthew. 3. Extending Executive Order 16-230, Florida Governor Rick Scott issued Executive Order 16-274 on December 1, 2016, 17-16 on January 26, 2017 and 17-67 on March 24, 2017 for additional 180 days due to the continual impacts of Hurricane Matthew that pose a significant threat to the health, safety and welfare to the state and its residents. 4. 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. 5. 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 June 27, 2017. 6. Planning Staff performed an analysis of the project and determined that this statutory extension is consistent with all the original St. Lucie County development orders granting extensions depicted on the attached Exhibit A. Further analysis is found in the memorandum titled International Airport Business Park E016-230, 16-275, 17-16 and 17- 67 Extensions, dated October 20, 2017. JOSEPH E, SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4367910 11/06/2017 04:24:38 PM 'DS Order No. 17-036 File No.: EDO 720175160 OR BOOK 4061 PAGE 2172 - 2175 DOc Type: ORD October 20, 2017 RECORDING: $35.50 Page 1 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 International Airport Business Park Major Site Plan has been found to be eligible for a statutory extension. The approval granted under PDS Order 16- 047 is extended from its last scheduled date of expiration September 3, 2018 and shall now expire November 1, 2019, 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 1/s 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. File No.: EDO 720175160 PDS Order No. 17-036 October 20, 2017 Page 2 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. Lucie County, Florida and the South 1/2 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 November 1, 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 20' day of October, 2017. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA Leslie Olsonl AIC APPROVED AS TO FORM AND CO ECTNESS: County O'ney i" File No.: EDO 720175160 PDS Order No. 17-036 October 20, 2017 Page 3 EXHIBIT - A The following table provides a historic time line of the approvals granted to the subject site plan. Date Approv Approval Granted Expiration Comments al Date 08/16/2005 Resolution Major Site Plan 08/1612007 05-149 05/22/2007 Resolution 12 -Month LDC 08/16/2008 07-125 Extension 01/06/2009 Resolution 2nd 12 -Month LDC 08/16/2009 09-003 Extension 01/06/2009 Resolution Proportionate Fair COA #4 per Resolution 09-004 Share and Road No. 09-003 Impact Fee Credit Agreement 08/11/2009 Resolution Amendment to Permit issuance of 09-073 Development Order building permit prior to USFWS permit and VR permit. 12/21/2009 GM 09-032 SB 360 Statutory 08/1612011 Extension 11/30/2010 PDS 10-020 SB 1752 Statutory 08/16/2013 Extension 0212.712012 PDS 12-018 E011-128 07/6/2014 Drought and wildfire E011-172 conditions EO 11-202 02/15/2013 PDS 13-003 E012-199 04/14/2015 Tropical Storm Isaac. Request to Rescind" 06/10/2014 PDS 14-030 Rescinded PDS 07/6/2016 Reverting the expiration 13-003 date back to 7/6/2014 Section and administrative 11.02.06(B)(4) extension 1115/2015 PDS EO 15-173 03/14/2017 Tropical Storm Erika 2015-033 09/2/2016 PDS 16-040 E016-59 11/3/2017 Discharge of harmful water from Lake Okeechobee 11/4/2016 PDS 16-047 E016-155 09/3/2018 Increase number of E016-204 algae blooms due to discharge of harmful water from Lake Okeechobee **It was the request of the developer to rescind PDS Order No. 13-003 to allow the expiration date to revert back to July 6, 2014 to allow for the Administrative Extension pursuant to Section 11.02.06(13)(4).