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Home My WebLink AboutPDS-18-052 - International Airport Business ParkPDS NO. 18-052 File No. EDO 820185354 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 January 25, 2018, the Governor issued Executive Order 18-17 for a period of 60 days due to the recovery and impacts of Hurricane Maria. The Governor of Florida further extended the state of emergency for Hurricane Maria by issuing EO 18-80 on March 23, 2018, EO 18-135 on May 22, 2018, EO 18-214 on July 20, 2018 and EO 18-236 on August 20, 2018 for additional 270 days due to the effects of Hurricane Maria. 3. On February 19, 2018, the Governor issued Executive Order 18-47 for a period of 60 days due to ongoing opioid epidemic threat to the State of Florida. The Governor of Florida further extended the opioid epidemic by issuing EO 18-110 on April 19, 2018, EO 18-177 on June 20, 2018 and EO 18-235 on August 17, 2018 for additional 240 days due to the continual opioid epidemic threat to the State of Florida residence. 4. On May 26, 2018, the Governor issued Executive Order 18-150 for a period of 60 days due to the threat of heavy rainfall and flooding from Subtropical Storm Alberto. On June 8, 2018, EO 18-150 was terminated by Executive Order 18-157 due to the storm no longer posing a threat to the State of Florida. 5. On July 9, 2018, the Governor issued Executive Order 18-191 for a period of 60 days due to the discharge of harmful water from Lake Okeechobee into the Caloosahatchee River, St. Lucie River, the Indian River Lagoon and estuaries causing a wide -spread of algae blooms. On September 6, 2018, the state of emergency was further extended by EO 18- 249 for a period of 60 days due to the health, safety and welfare of the State of Florida and its residence. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 448287109/21/2018 04:55:47 PM OR BOOK 4183 PAGE 7 - 11 Doc Type: ORD File No.: EDO 820185354 RECORDING: $44.00 PDS Order No. 18-052 Page 1 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 August 8, 2018. 8. 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 18-17 (Hurricane Maria), 18-47 (Opioid Epidemic), 18-150 (Subtropical Storm Alberto) and 18- 191 (Lake Okeechobee Algae Blooms) Extensions, dated September 17, 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 18- 009 is extended from its last scheduled date of expiration March 26, 2023 and shall now expire December 2, 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. 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 File No.: EDO 820185354 PDS Order No. 18-052 Page 2 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'/2 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 '/z 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 December 2, 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 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 820185354 PDS Order No. 18-052 Page 3 G. This order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the 17th day of September, 2018. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COU14TY, FLORIDA aminfINIMM ■SIM "=i APPROVED AS TO FORM AND CORRCCTNESS: County Attooey File No.: EDO 820185354 PDS Order No. 18-052 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 Extension 08/16/2008 01/06/2009 Resolution 09-003 2nd 12 -Month LDC Extension 08/16/2009 01/06/2009 Resolution 09-004 Proportionate Fair Share and COA #4 per Resolution Road Impact Fee Credit No. 09-003 Agreement 08/11/2009 Resolution 09-073 Amendment to Development Permit issuance of Order building permit prior to USFWS permit and VR permit. 12/21/2009 GM 09-032 SB 360 Statutory Extension 08/16/2011 11/30/2010 PDS 10-020 SB 1752 Statutory Extension 08/16/2013 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 11.02.06(B)(4) and administrative extension 11/5/2015 PDS 2015-033 EO 15-173 03/14/2017 Tropical Storm Erika 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 10/20/2017 PDS 17-036 E016-230, E016-275 11/1/2019 Hurricane Matthew E017-16, E017-67 01/16/2018 PDS 18-009 (EO) 17-120,17-174, 17-204, 03/26/2023 Wildfires 17-146, 17-177, 17-230, Tropical Storm Emily 17-285, 17-329, 17-235, Opioid Epidemic 17-287, 17-330, 17-259, Hurricane Irma 17-304 Hurricane Maria **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).