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Home My WebLink AboutPDS-19-009 - St. Lucie Business Park Storage Planned Non-Residential DevelopmentPDS NO. 2019-009 File No. EDO-2201915464 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY FLORIDA STATUTE SECTION 252.363, TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED SITE PLAN KNOWN AS ST. LUCIE BUSINESS PARK STORAGE PLANNED NON-RESIDENTIAL DEVELOPMENT. 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 St. Lucie Self Storage, LLC, and has made the following determinations: On September 15, 2009, the St. Lucie County Board of County Commissioners granted approval, through Resolution No. 09-008, of the petition of St. Lucie Self Storage, LLC, for the Final Planned Non -Residential Development Site Plan approval known as St. Lucie Business Park Storage, on property located on the west side of Business Park Drive in the Planned Non -Residential Development (PNRD) Zoning District. 2. On May 3, 2017, the Governor issued Executive Order 17-146 for a period of 60 days due to an opioid epidemic threat to the State of Florida. The Governor further extended this order ten times by issuing Executive Orders 17-177, 17-230, 17-285, 17-329, 18-47, 18- 110, 18-177, 18-235, 18-279 and 18-362 due to the continual opioid epidemic threat to the State of Florida residents. 3. On October 2, 2017, the Governor issued Executive Order 17-259 for a period of 60 days due to the recovery and impacts of Hurricane Maria. The Governor further extended this order seven times by issuing Executive Orders 17-304, 18-17, 18-80, 18-135, 18-214, 18- 236 and 18-281 due to the effects of Hurricane Maria. 4. On October 4, 2018, the Governor issued Executive Order 18-275 for a period of 60 days due to the red tide effects on marine life and Florida's beaches. The Governor further extended this order by issuing EO 18-282 due to the ongoing effects of red tide on Florida's beaches. 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. The Governor further extended this order two times by issuing Executive Orders 18-249 and 18-311 due to the ongoing threat of algae blooms. 6. On September 14, 2018, the Governor issued Executive Order 18-253 for a period of 60 days due to the threat of Hurricane Florence to the residents of the State of Florida. 7. Florida Statute Section 252.363 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. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT File No: EDO 2201915464 SAINT LUCIE COUNTY PDS No. 2019-009 FILE # 4539224 03/07/2019 08:49:53 AM Page 1 OR BOOK 4240 PAGE 2584 - 2588 Doc Type: ORD RECORDING: $44.00 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 February 5, 2019. 9. Planning Staff performed an analysis of the project and determined that the extension is consistent with 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 PNRD Executive Order Extension, dated February 27, 2019. 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 Planned Non -Residential Development Site Plan 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 18-055 is now extended from its last scheduled expiration date of March 27, 2026, and now is now scheduled to expire June 25, 2027, 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 plans are received in the Department of Planning and Development Services. 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 File No: EDO 2201915464 PDS No. 2019-009 Page 2 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. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an improvement agreement acceptable to Environmental Resources Department covering the cost of all required landscaping, irrigation, tree mitigation, tree relocation, and related improvements shown in the site plan. A copy of this agreement can be obtained by visiting the SLC Environmental Resources Department website at: http://www.stlucieco.org/Environmental Resources Department/index.htm. 7. 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# 3426-702-0002-000/6 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 June 25, 2017, 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. File No: EDO 2201915464 PDS No. 2019-009 Page 3 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. ORDER effective this 5tday of 2019. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY i M (�� L slie bison, AICP APPROVED AS TO FORM AND CORRECTNESS: unty Att me File No: EDO 2201915464 PDS No. 2019-009 Page 4 ■ 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 01/27/2012 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 Tropical Storm 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 Increase number of algae EO 16-155 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 01/22/2018 PDS 18-011 (EO) 17-120, 17-174, 07/20/2024 Wildfires 17-204, 17-146, 17-177, Tropical Storm Emily 17-230, 17-285, 17-329, Opioid Epidemic 17-235, 17-287, 17-330, Hurricane Irma 17-259, 17-304 Hurricane Maria 09/27/2018 PDS 18-055 (EO) 18-17, 18-80, 18- 03/27/2026 Hurricane Maria 135, 18-214, 18-236, Opioid Epidemic 18-47, 18-110, 18-177, Subtropical Storm Alberto 18-235, 18-150, 18-157, Lake Okeechobee Algae 18-191, 18-249 1 Blooms