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HomeMy WebLinkAboutPDS-18-011 - St. Lucie Business Park Storage PNRD Site PlanJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4395363 01/2912018 11:41.14 AM OR BOOK 4091 PAGE 1286 - 1250 Doc Type: ORD RECORDING: $44.00 PDS NO. 18-011 File No. EDO-1020175211 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 Dreyer Law Firm on behalf of St. Lucie Self Storage, LLC, and has made the following determinations: 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 April 11, 2017, Florida Governor Rick Scott issued Executive Order {EO} 17-120 for a period of 60 days due to 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 the 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. File No: EDO 1020175211 PDS No. 18-011 January 22, 2018 Page 1 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. 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 St. Lucie Business Park Storage Executive Orders 17-124 (Wildfires), 17-204 (Tropical Storm Emily), 17-146 (Opioid Epidemic), 17-235 (Hurricane Irma) and 17-259 (Hurricane Maria) Extensions, dated January 22, 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 St. Lucie Business Park Storage PNRD Site Plan has been found to be eligible for this statutory extension. The approval granted under PDS Order 17-039, is now scheduled to expire July 20, 2024, 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. 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 pians are received in the Department of Planning and Development Services. File No: EDO 1020175211 PDS No. 18-011 January 22, 2018 Page 2 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. 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 St. Lucie Business Park Storage PNRD Site Plan statutory extension approval shall expire on July 20, 2024 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 File No: EDO 1020175211 PDS No. 18-011 January 22, 2018 Page 3 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 22nd day of January, 2018. File No: EDO 1020175211 January 22, 2018 PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUN/TY, FLORIDA M e Olson, A APPROVED AS TO FORM AND CORRECTNESS: PDS No. 18-011 Page 4 EXHIBIT - A St, Lucie Business Park Storage The following table provides a historic time line of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 12/02/2009 GM Order 09-024 2 -Year 09/15/2013 Pursuant to Chapter 2009 - Extension 96, Laws of Florida 01/21/2011 PDS Order 2 -Year 09/15/2015 Pursuant to Chapter 2010- 11-003 amended Extension 147, Laws of Florida through PDS Order 11-007 01127/2012 PDS 12-012 EO 11-128 08/06/2016 Drought and wildfire EO 11-172 conditions EO 11-202 12/04/2012 PDS 12-039 EO 12-192 01/01/2018 EO 12-192 Tropical Storm EO 12-199 Debby EO 12-199 Tropical Storm Issac 02/03/2016 PDS 16-006 EO 15-173 09/02/2018 Tropical Storm Erika 09/02/2016 PDS 16-041 EO 16-59 12/30/2019 EO 16-59= Discharge of EO 16-155 harmful water from Lake Okeechobee EO 16-155= Increase number of algae blooms due to discharge of harmful water from Lake Okeechobee 10/02/2017 PDS 17-039 EO 16-230 02/26/2021 Hurricane Matthew EO 16-275 EO 17-16 EO 17-67