HomeMy WebLinkAboutPDS-20-071 - Publix at Indrio Commons PDS No. 2020-071
File No.: EDO 8202025825
AN ORDER GRANTING A STATUTORY EXTENSION, PROVIDED BY
FLORIDA STATUTES SECTION 252.363, TO THE SCHEDULED
EXPIRATION DATE FOR THE APPROVED MAJOR SITE PLAN KNOWN
AS PUBLIX AT INDRIO COMMONS
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the request for a development order administrative extension timely submitted by Lucido &
Associates on behalf of Publix at lndrio Commons, and has made the following determinations:
1. On August 13, 2019, the Board of County Commissioners granted Major Site Plan
approval for the project known as Publix at lndrio Commons. The project encompasses
a 48,387 sq. ft. grocery store, 6,000 sq. ft. of ancillary retail, associated site
improvements, and reservation of 4.52 acres for six (6) future retail sites, on property
located at the northwest corner of lndrio Road and Emerson Avenue intersection in the
CG (Commercial General) Zoning District.
2. 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. The
eligible tolling period for this emergency declaration is 300 days plus six (6) months.
3. On July 31, 2020, the Governor issued Executive Order 20-181 for a period of 60 days
due to the threat of Hurricane Isaias. On August 11, 2020, Executive Order 20-181 was
terminated by Executive Order 20-195 due to the storm no longer posing a threat to the
State of Florida. The eligible tolling period for this emergency declaration is 11 days plus
six (6) months.
4. 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 months.
5. Florida Statutes Section 252.363 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 the extensions on August 24, 2020.
6. Planning Staff performed an analysis of the project and determined that the extension is
consistent with the original St. Lucie County Orders. Further analysis is found in the
memorandum titled Publix at lndrio Commons Executive Order Extension, dated
October 15, 2020.
JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 4774572 10/30/2020 03:04.34 PM
OR BOOK 4500 PAGE 2407-2410 Doc Type:ORD
RECORDING: $35.50
File No.: EDO-8202025825 PDS No.2020-071
Page 1
NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
Services Director:
A. ' Pursuant to Florida Statutes Section 252.363, the approval for the project known as
Publix at lndrio Commons Major Site Plan has been found to be eligible for a statutory
extension. The approval granted under Resolution No. 2019-170, is extended from its
last scheduled date of expiration August 13, 2021, and shall now expire June 20, 2023,
for the property described in Part B, is hereby approved with the following conditions:
1. Prior to issuance of building permit, all signs proposed as part of the development
must meet the relevant requirements of Section 9.02.01.
2. If the applicant maintains ownership of the entire subject property, the following
application process shall apply: Prior to development of parcels identified as future
building lots, the applicant shall submit a Major Adjustment to the Major Site Plan for
consideration of the relationship of additional buildings to the overall site design and
development standards per Section 3.01.03.GG.
3. If the applicant intends to transfer ownership of any of the parcels identified for
future building lots, the following application process shall apply: Any lot developed
as a separate parcel shall be platted then reviewed as a Minor Site Plan and subject
to development standards outlined in Section 3.01.03.GG. Prior to submittal of a
Minor Site Plan application for development, the applicant may need to obtain
approval for a Minor Adjustment to the Major Site Plan to clearly identify boundaries
of the future building lot as distinct from infrastructure areas to be maintained by the
developer of the Major Site Plan, including streets, on-street parking and street
landscaping. Once the outparcel boundaries are clearly delineated and consistent
with future development plans, the applicant shall submit an application for plat
subject to Section 11.03.00.
4. Prior to issuance approval of construction plans the applicant shall provide
directional signage and pavement marking plans (Section 7.06.02(B)(6) and outdoor
lighting and photometric plans (Section 7.09.04(K) for review and approval.
5. Any future development of sites (Block 5, Block 9, and Block 10) abutting the
Emerson Avenue right-of-way shall include a pedestrian connection along or parallel
to Emerson Avenue.
6. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species
onsite shall be eradicated.
7. Prior to issuance of a Vegetation Removal Permit or Exemption, updated species
specific surveys shall be provided, including but not limited to Audubon's Crested
Caracara, per appropriate state and federal protocols. If federal or state agency
compliance requires modification to the development plans, the applicant will modify
the plans and submit to St. Lucie County for review and approval. The County's
development approval process or requirements shall not be used to prevent
compliance with any federal or state agency requirements.
8. Prior to commencement of development, copies of approved Environmental
Resource Permits from the appropriate state and federal agencies shall be provided
to the Environmental Resources Department.
File No.: EDO-8202025825 PDS No. 2020-071
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9. Prior to issuance a Vegetation Removal Permit/Exemption, a management and
maintenance plan for the flow way system consistent with the TVC standards shall
be provided to the Environmental Resources Department.
10. Prior to issuance of a site development permit, the applicant shall provide typical
paving cross-sections for all proposed pavement areas.
11. Prior to issuance of a site development permit, the applicant shall submit a separate
application for review and approval to the St. Lucie County Fire District.
B. The property on which this development order extension is being granted is described as
follows:
LEGAL DESCRIPTION:
THE SOUTH 830.00 FEET OF THE EAST 1,550.00 FEET OF THE SOUTH 1/2 OF THE
NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS
THE EAST 80 FEET, AND THE SOUTH 60 FEET FOR PUBLIC ROAD AND
DRAINAGE CANAL RIGHT-OF-WAY,
ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA.
AND LESS AND EXCEPT THE FOLLOWING DESCRIBED LANDS:
A PORTION OF PLAT OF FORT PIERCE FARMS, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 7 OF THE PUBLIC RECORDS
OF ST. LUCIE COUNTY, FLORIDA, LYING IN THE SOUTH 830.00 FEET OF THE
EAST 1,550.00 FEET OF THE SOUTH ONE-HALF (S.1/2) OF THE NORTHEAST ONE-
QUARTER (N.E.1/4) OF SECTION 15, TOWNSHIP 34 SOUTH, RANGE 39 EAST,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND 1/2" IRON ROD WITH NO CAP MARKING THE EAST
ONE-QUARTER (E.1/4) CORNER OF SAID SECTION 15; THENCE NORTH 00°37'49"
EAST ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER (N.E.1/4) OF
SAID SECTION 15, 60.00 FEET TO THE NORTH EXISTING RIGHT OF WAY LINE OF
STATE ROAD 614 (INDRIO ROAD) AS SHOWN ON THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGH OF WAY MAP FOR ITEM/SEGMENT NO. 2303384,
SECTION 94004-2501; THENCE NORTH 89°25'38" WEST, 80.00 FEET ALONG SAID
NORTH EXISTING RIGHT OF WAY LINE TO THE WEST EXISTING CANAL RIGHT
OF WAY LINE OF FORT PIERCE FARMS WATER CONTROL DISTRICT CANAL NO.6
AND THE POINT OF BEGINNING; THENCE NORTH 89°25'38" WEST, 1470.00 FEET
CONTINUING ALONG SAID NORTH EXISTING RIGHT OF WAY LINE; THENCE
NORTH 00°37'49" EAST, 770.00 FEET; THENCE SOUTH 89°25'38" EAST, 315.00
FEET; THENCE SOUTH 00°37'49" WEST, 705.00 FEET; THENCE NORTH 89°38'05"
EAST, 733.05 FEET; THENCE SOUTH 89°25'38" EAST, 366.46 FEET; THENCE
NORTH 03°35'07" EAST, 693.96 FEET; THENCE SOUTH 89°25'38" EAST, 19.83 FEET
TO SAID WEST EXISTING CANAL RIGHT OF WAY LINE; THENCE SOUTH 00°37'49"
WEST, 770.00 FEET ALONG SAID WEST EXISTING CANAL RIGHT OF WAY LINE TO
THE POINT OF BEGINNING.
INCLUDED LAND CONTAINS 17.87588 ACRES, 778,673 SQUARE FEET, MORE OR
LESS.
File No.: EDO-8202025825 PDS No.2020-071
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PARCEL ID# 1315-131-0002-000-7
C. This Major Site Plan statutory extension approval shall expire on June 20, 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.
G. This order shall be recorded in the Public Records of St. Lucie County.
n
ORDER effective this ZO p- day of e0e;1_, , 2020.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE C UNT , FLORIDA
BY
Leslie Olson, ICP
APPROVED AS TO FORM
AND CORRECTNESS:
BY
County Attorney
File No.: EDO-8202025825 PDS No. 2020-071
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