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HomeMy WebLinkAboutPDS-20-073 - Aerex Industries (fka Tom Donnick)PDS Order 2020-073 File No.: EDO-9202025843 AN ORDER GRANTING A STATUTORY EXTENSION, PROVIDED BY FLORIDA STATUTES SECTION 252.363, TO THE SCHEDULED EXPIRATION DATE FOR THE MAJOR ADJUSTMENT TO A MINOR SITE PLAN PROJECT TO BE KNOWN AS AEREX INDUSTRIES (FKA TOM DONNICK) WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a development order administrative extension timely submitted by Bradley J. Currie, AICP of Engineering Design & Construction, Inc. on behalf of Aerex Industries, and has made the following determinations: On December 31, 2019, the PDS Director approved PDS Order 19-053 Major Adjustment to a Minor Site Plan for the project known as Aerex Industries. The project encompasses a new 13,515 square foot manufacturing building, expanded outside storage areas, stormwater system reconfiguration, and enhanced landscape screening at the existing 27,064 square foot manufacturing facility located at 3504 Industrial 27th Street, in the IL (Industrial, Light) 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. 3. 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, Executive Order 20-213 on September 4, 2020, and Executive Order 20-276 on November 3, 2020, due to the ongoing COVID-19 pandemic. 4. 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. 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 months. 6. 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 File No.: EDO-9202025843 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT No. 2020-073 SAINT LUCIE COUNTY Page 1 of 3 FILE # 4792853 12/14/2020 12:35:24 PM OR BOOK 4523 PAGE 1105 - 1107 Doc Type: ORD RECORDING: $27.00 applied for the extensions on September 14, 2020. 7. 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 Aerex Industries Executive Order Extension, dated December 3, 2020. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Florida Statutes Section 252.363, the approval for the project known as Aerex Industries Minor Site Plan has been found to be eligible for a statutory extension. The approval granted under PDS Order No. 19-053, is extended from its last scheduled date of expiration December 31, 2021, and shall now expire October 21, 2024, for the property described in Part B, is hereby approved with the following conditions: 1) Prior to the issuance of a building permit, constructability plans shall be submitted to the St. Lucie County Engineering Division for review and approval. 2) Prior to issuance of a Certificate of Occupancy for the expansion, a utility easement (Sketch and description) for the existing Fort Pierce Utilities Authority (FPUA) facilities (pad mounted transformer, underground primary line and the fiber optic cable) shall be prepared by the applicant or designee. 3) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site. [Land Development Code Section 7.09.05]. 4) Prior to issuance of a Vegetation Removal Permit or Exemption, an updated landscape plan including a 4 ft. hedge with a note to be maintained at 8 ft. tall screening the outdoor storage area from the southern property boundary consistent with LDC 7.10.18 and corrected total interior vehicular use area (IVUA) calculations to 103,017 square feet of IVUA with an associated 32 required trees satisfied via onsite preservation shall be provided for review and approval by Environmental Resources Department. 5) Prior to issuance of a Vegetation Removal Permit or Exemption, a survey for gopher tortoises within the northern intact pine flatwoods area consistent with Florida Fish and Wildlife Conservation Commission guidelines shall be provided. If burrows are found to be present within 25 ft. of any construction activities, a relocation permit from Florida Fish and Wildlife Conservation Commission will be required prior to initiation of clearing activities. B. The property on which this development order extension is being granted is described as follows: LOTS 2, 3, 16 AND 17 BLOCK 6, AIRPORT INDUSTRIAL PARK UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 3, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA. File No.: EDO-9202025843 PDS No. 2020-073 Page 2 of 3 Address: 3504 Industrial 27th Street, Fort Pierce, FL 34946 Parcel ID#: 1429-502-0002-0005 C. This statutory extension approval shall expire on October 21, 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 Aare 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 day of , 2020. PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. UCIE COUNTY, FLORIDA BY - A eslie Olson, AICP APPROVED AS TO FORM AND CORRECTNESS: BY File No.: EDO-9202025843 County Attorney PDS No. 2020-073 Page 3 of 3