HomeMy WebLinkAboutPDS-20-058 - St. Lucie Commerce CenterJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4769396 10/20/2020 02:24:40 PM
OR BOOK 4494 PAGE 523 - 528 Doc Type: ORD
RECORDING: $52.50
PDS Order No. 2020-058
File No.: EDO-7202025800
AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION
252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE FOR
THE MAJOR SITE PLAN KNOWN AS ST. LUCIE COMMERCE CENTER
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for development order extension timely submitted by Lee Dobbins, Esq. of Dean, Mead,
Minton, & Zwemer, on behalf of Lucie Rock, LLC, and has made the following determinations:
On September 3, 2013, the St. Lucie County Board of County Commissioners granted
approval, through Resolution No. 2013-167, the petition of Lucie Rock, LLC, for a Major
Site Plan known as St. Lucie Commerce Center. The approval includes a 40-lot
subdivision located on North Rock Road, approximately one-half mile north of Orange
Avenue, in the IL (Industrial, Light) and IH (Industrial, Heavy) Zoning Districts.
2. On September 17, 2013, the Board of County Commissioners approved the St. Lucie
Commerce Center 10-Year Development Agreement extending Resolution No. 2013-167
expiration date to September 17, 2023.
3. On August 28, 2019, the Governor issued Executive Order 19-189 for 60 days due to the
threat of Hurricane Dorian to the State of Florida. The Governor further extended this
Order through Executive Order 19-234 on October 25, 2019, Executive Order 19-281 on
December 19, 2019, Executive Order 20-43 on February 17, 2020, and Executive Order
20-106 on April 17, 2020, due to the ongoing recovery from Hurricane Dorian.
4. On March 9, 2020, the Governor issued Executive Order 20-52 for 60 days due to the
threat of COVID-19 to the State of Florida. The Governor further extended this Order
through Executive Order 20-114 on May 8, 2020, Executive Order 20-166 on July 7, 2020,
and Executive Order 20-213 on September 4, 2020, due to the ongoing COVID-19
pandemic.
5. Florida Statutes 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 (6) months.
6. Florida Statutes Section 252.363 requires that a specific written notice be filed with the
issuing authority within ninety days (90) after the termination of the declaration of
emergency. The applicant applied for this extension on July 24, 2020.
7 Planning Staff performed an analysis of the project and determined that the extension is
consistent with the original St. Lucie County development order granting site plan approval
through Resolution 2013-167. Further analysis is found in the memorandum titled St. Lucie
Commerce Center Executive Order Extension, dated October 5, 2020.
File No.: ED 7202025800 PDS No. 2020-058
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 Major Site
Plan for the project known as St. Lucie Commerce Center has been found to be eligible
for this statutory extension. The approval granted under Resolution 2013-167 is now
extended from its last scheduled expiration date of September 17, 2023, and is now
scheduled to expire November 24, 2025, for the property described in Part B, is hereby
approved with the following conditions.
1. Future development of the project is subject to adoption of the Development
Agreement with the property owner, Lucie Rock, LLC, and a determination of
consistency with the provisions of the Development Agreement, as may be amended.
All terms and conditions of the St. Lucie Commerce Center, LLC Development
Agreement are incorporated herein.
2. Within 90 days of this site plan approval, thirty (30) feet of road right-of-way along the
east side of Emerson Avenue/Laid Back Way, as more specifically shown on the Major
Site Plan shall be dedicated to St. Lucie County. Such dedication shall be in a form
and manner acceptable to the County Attorney.
3. Within 90 days of this site plan approval, twenty (20) feet of road right-of-way along
the west side of Rock Road, within Phase A, as shown on the Major Site Plan shall be
dedicated to St. Lucie County. Such dedication shall be in a form and manner
acceptable to the County Attorney.
4 Within 90 days of this site plan approval, twenty (20) feet of road right-of-way along
the west side of Rock Road, within Phase B, as shown on the Major Site Plan shall be
dedicated to St. Lucie County. Such dedication shall be in a form and manner
acceptable to the County Attorney.
5. Within 90 days of this site plan approval, ten (10) feet of road right-of-way along
Sunnyland Drive (5 feet on the north side of the road and 5 feet on the south side), as
more specifically shown on the Master Site Plan shall be dedicated to St. Lucie County.
Such dedication shall be in a form and manner acceptable to the County Attorney.
6. The Final Plat for any phase of development shall not be recorded until constructible
engineering plans are approved, and all common improvements required for that
phase are either:
a. Built and accepted or approved by St. Lucie County; or
b. Appropriate security is provided to St. Lucie County in. a form approved by the
County Attorney and an amount approved by the County Engineer, including
an amount necessary to cover the period of maintenance required by the
Land Development Code.
File No.: ED 7202025800 PDS No. 2020-058
Page 2
7. Prior to issuance of the first certificate of occupancy for any portion of the development,
signalization of the Orange Avenue and Rock Road intersection and the provision of
left and right turn lanes shall be constructed and approved by the County.
8. Prior to issuance of a building permit or Final Plat approval, the developer, or his
assigns, shall provide an executed copy of a final utility service agreement with Ft.
Pierce Utilities Authority, indicating all developer obligations, including schedules
associated with servicing this site.
9. The County's issuance of development approval does not constitute compliance with
any federal and state requirements. Applicable, federal and state approvals/permits
are required prior to the commencement of any development activity (i.e. clearing,
grading, removing structures, etc.). The responsibility for contacting federal and state
agencies, procuring permits/approvals and compliance with applicable laws are the
sole responsibility of the applicant.
10. Per Florida Statute 125.022. the issuance of development approval 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.
11 Copies of all applicable state or federal permits/written approvals are required by the
County prior to issuance of a Vegetation Removal Permit and any development
activity.
12. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
schedule and conduct a pre -construction meeting with St. Lucie County staff to ensure
that trees and native understory vegetation are protected, supplemental irrigation is
provided where necessary, and any necessary pruning is conducted by a qualified
arborist.
13. The Landscape Plan for St. Lucie Commerce Center is incorporated in the Master Site
Plan. Landscape buffers, street trees and tree mitigation will be provided in
accordance with the Landscape Plan, provided however, that in the event of any
conflict between the Landscape Plan incorporated into the Master Site Plan, and a
landscape plan incorporated into a site plan for any individual lot or lots approved by
the County, the Landscape Plan incorporated into the Master Site Plan shall be
amended in accordance with the LDC. The Developer acknowledges that all
landscaping for any individual lot or lots must be completed in accordance with the
applicable provisions of the St. Lucie County Land Development Code.
14 At the time of construction of the first phase of development on the Property, the
Developer shall construct the berm along the west boundary of the Property (the
"Berm") in accordance with the Master Site Plan.
15. When the Developer applies for site plan approval for any phase of development on
the Property, the Developer shall provide the County Environmental Resources
File No.: ED 7202025800 PDS No. 2020-058
Page 3
Department with (i) an updated tree survey and mitigation table for such phase of
development, if such phase of development contains native trees meeting the size
requirements of LOR Section 6.00.05.D, Table 1, and (ii) an updated Environmental
Impact Report for such phase of development, if required by LOR Section
11.02.09.A.5.
16. Prior to approval of any phase of development containing the Lake the Developer shall
provide the County Environmental Resources Department with a Lake Area Monitoring
and Management Plan.
B. The property on which this development order extension is being granted is described as
follows:
PARCEL 1
THE SOUTH ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 2,
TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND
EXCEPT ALL RIGHTS -OF -WAY OF RECORD
TOGETHER WITH:
PARCEL 2:
THAT PART OF THE NE 1/4 OF THE SW 1/4 OF SECTION 2, TOWNSHIP 35 SOUTH,
RANGE 39 EAST, LYING SOUTHWESTERLY OF 1-95 LESS AND EXCEPT THE EAST
93 FEET AND THE SOUTH 60 FEET FOR ROAD AND CANAL RIGHT-OF-WAY. ALL
LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA.
TOGETHER WITH:
PARCEL 3:
FROM THE SOUTHEAST CORNER OF THE NW 1/4 OF THE SW 1/4 OF SECTION 2,
TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, RUN
NORTH 00008'13" WEST ALONG THE 1/4 1/4 SECTION LINE 60 FEET TO THE POINT
OF BEGINNING, THENCE CONTINUE NORTH 00008'13'W 846.63 FEET TO THE
SOUTHERLY RIGHT-OF-WAY LINE FOR INTERSTATE 95 HIGHWAY; THENCE RUN
NORTH 60008'02" WEST ALONG SAID RIGHT-OF-WAY LINE 107.58 FEET; THENCE
RUN NORTH 62025'28" WEST 300.24 FEET; THENCE RUN NORTH 60008'02" WEST
182.77 FEET; THENCE RUN SOUTH 00°11'29" WEST 346.62 FEET; THENCE RUN
SOUTH 60008'02" EAST 354.41 FEET; THENCE RUN SOUTH 00°08'13" EAST, 607.48
FEET; THENCE RUN NORTH 89°53'47" EAST, 210 FEET TO THE POINT OF
BEGINNING.
BILLBOARD PARCEL:
BEING A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2,
TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING
MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4, SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE
COUNTY, FLORIDA THENCE N00040'25"WALONG THE 1/4 1/4 SECTION LINE 904.94
FEET TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95; THENCE
File No.: ED 7202025800 PDS No. 2020-058
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ALONG SAID SOUTH RIGHT-OF-WAY LINE, S60050'22"E, 700.71 FEET TO THE
POINT OF BEGINNING: THENCE S29°09'38'W, 125.00 FEET; THENCE S60050'22"E,
125.00 FEET; THENCE N29°09'38"E, 125.00 FEET TO THE SAID SOUTH RIGHT-OF-
WAY LINE OF INTERSTATE HIGHWAY 95; THENCE N60°50'22'W ALONG SAID
SOUTH RIGHT-OF-WAY LINE 125.00 FEET BACK TO THE POINT OF BEGINNING.
INGRESS/EGRESS EASEMENT:
BEING A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2,
TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING
MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4, SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE
COUNTY, FLORIDA THENCE N00040'25"W ALONG THE 1/4 1/4 SECTION LINE 904.94
FEET TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95; THENCE
ALONG SAID SOUTH RIGHT-OF-WAY LINE S60050'22"E, 825.71 FEET TO THE POINT
OF BEGINNING: THENCE S29°09'38'W, 30.00 FEET; THENCE S60°50'22"E, 682.21
FEET TO THE WEST RIGHT-OF-WAY LINE OF ROCK ROAD; THENCE ALONG THE
SAID WEST RIGHT-OF-WAY LINE OF ROCK ROAD N00045'37"W, 34.61 FEET TO THE
SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95; THENCE N60°50'22"W
ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95
664.95 FEET BACK TO THE POINT OF BEGINNING.
CONTAINING 94.258 ACRES, MORE OR LESS.
PARCEL NUMBER(S): 2302-341-0001-000-8, 2302-312-0020-000-7, 2302-342-0001-
000-1, 2302-331-0001-000-7, 2303-321-0010-000-2
Location: North Rock Road, approximately 1/2 mile north of Orange Avenue.
C. This approval and authorization granted by this order for the purpose of obtaining building
permits on this property, shall expire on November 24, 2025, unless the developer has
obtained a Final Plat approval for the site plan/subdivision or an extension has been
granted in accordance with Section 11.02.06(B)(1), 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
j otherwise terminates, the Certificate of Capacity shall automatically terminate.
I
F. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning
and Development Services Department.
File No.: ED 7202025800 PDS No. 2020-058
Page 5
G. This Order shall be recorded in the Public Records of St. Lucie County.
ORDER effective this day of 0, 2020.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY I 'L&LPV��
LeY Ile Ison, , ICP
APPROVED AS T� FORM
AND CORRECTNESS:
File No.: ED 7202025800 PDS No. 2020-058
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