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Home My WebLink AboutPDS-18-009 - International Airport Business ParkPDS NO. 18-009 File No. EDO 1020175213 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 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 April 11, 2017, Florida Governor Rick Scott issued Executive Order (EO) 17-120 for a period of 60 days due wildfires and extreme drought conditions. On June 9, 2017, EO 17- 120 was further extended by EO 17-174 for additional 60 days. 3. On July 31, 2017, the Governor issued Executive Order 17-204 for a period of 60 days due to Tropical Storm Emily. On August 15, 2017, EO 17-204 was terminated by Executive Order 17-220 due to the storm no longer posing a threat to the State of Florida. 4. On May 3, 2017, the Governor issued Executive Order 17-146 for a period of 60 days due to the opioid epidemic. The Governor of Florida further extended the opioid epidemic by issuing EO 17-177 on June 29, 2017, EO 17-230 on August 28, 2017, EO 17-285 on October 27, 2017 and EO 17-329 on December 22, 2017 for additional 240 days due to the continual opioid epidemic threat to the State of Florida residence. 5. On September 4, 2017, the Governor issued Executive Order 17-235 for a period of 60 days due to threat of Hurricane Irma. The state of emergency for Hurricane Irma was further extended by EO 17-287 on November 2, 2017 and EO 17-330 on December 29, 2017 for additional 120 days. 6. On October 2, 2017, the Governor issued Executive Order 17-259 for a period of 60 days due to the threat of Hurricane Maria. The order was further extended by EO 17-304 for a period of 60 days on November 28, 2017. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY File No.: EDO 1020175213 FILE # K 4330 01/25/2018E134 _1344 Doc PDS Order No. 18-009 OR BOOK 4090 PAGE 1340 - 1344 Doc Type: ORD January 16, 2018 RECORDING: $44.00 Page 1 rw 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 October 13, 2017. 9. 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 Executive Orders 17-120 (Wildfires), 17-204 (Tropical Storm Emily), 17-146 (Opioid Epidemic), 17-235 (Hurricane Irma) and 17-259 (Hurricane Maria) Extensions, dated January 16, 2018. 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 17- 036 is extended from its last scheduled date of expiration November 1, 2019 and shall now expire March 26, 2023, 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. File No.: EDO 1020175213 January 16, 2018 PDS Order No. 18-009 Page 2 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 % 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. Lucie County, Florida and the South % 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: 1428-702-0634-000/5 AND 1428-702-0232-000/7) (Location: Southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue) C. This Major Site Plan statutory extension approval shall expire on March 26, 2023 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. File No.: EDO 1020175213 January 16, 2018 PDS Order No. 18-009 Page 3 G. This order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the 16th day of January, 2018. PLANNING & DEVELOPMENT SERVICES DIRECTOR STt,LUGIE COtdNTY, FLORIDA BY lie Olson, AICP TO FORM File No.: EDO 1020175213 January 16, 2018 PDS Order No. 18-009 Page 4 EXHIBIT - A International Airport Business Park The following table provides a historic time line of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 08/16/2005 Resolution 05-149 Major Site Plan 08/16/2007 05/22/2007 Resolution 07-125 12 -Month LDC 08/16/2008 Extension 01/06/2009 Resolution 09-003 2nd 12 -Month LDC 08/16/2009 Extension 01/06/2009 Resolution 09-004 Proportionate Fair COA #4 per Resolution Share and Road No. 09-003 Impact Fee Credit Agreement 08/11/2009 Resolution 09-073 Amendment to Permit issuance of Development Order building permit prior to USFWS permit and VR permit. 12/21/2009 GM 09-032 SB 360 Statutory 08/16/2011 Extension 11/30/2010 PDS 10-020 SB 1752 Statutory 08/16/2013 Extension 02/27/2012 PDS 12-018 E011-128 07/6/2014 Drought and wildfire E011-172 conditions E011-202 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(8)(4) extension 11/5/2015 PDS E015-173 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 algae E016-204 blooms due to discharge of harmful water from Lake Okeechobee 10/20/2017 PDS 17-036 E016-230 11/1/2019 Hurricane Matthew E016-275 E017-16 E017-67 **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(B)(4).