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Home My WebLink AboutPDS-21-034 - St. Lucie Business Park Storage PDS ORDER 2021 -034 File No. EDO-5202126047 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE FOR THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK STORAGE PNRD 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 St. Lucie Self Storage, LLC, and has made the following determinations: 1. 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 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 Orders 20-114 on May 8, 2020, 20-166 on July 7, 2020, 20-213 on September 4, 2020, 20-276 on November 3, 2020, 20-316 on December 29, 2020, 21-45 on February 26, 2021, and 21-94 on April 27, 2021, due to the ongoing COVID-19 pandemic. The eligible tolling period for this emergency declaration is 375 days plus six (6) months. 3. 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 (6) months. 4. 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 May 11, 2021. 5. 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 June 30, 2021. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Section 252.363 Florida Statutes 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 2020-056 is now extended from its last MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINTFile No: EDO-5202126047 FILE* 900793UCIE LINTY PDS No. 2021-034 FILE* 4900793 07/28/2021 08:50:30 AM OR BOOK 4656 PAGE 254-258 Doc Type:ORD Page 1 RECORDING: $44.00 scheduled expiration date of October 20, 2028, and is now scheduled to expire April 30, 2030, 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 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 File No: EDO-5202126047 PDS No. 2021-034 Page 2 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 April 30, 2030, 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 Order 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-5202126047 PDS No. 2021-034 Page 3 G. This Order shall be recorded in the Public Records of St. Lucie County. � ORDER effective this 16 day of AIA. 4 , 2021. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA P 1 BY Jk(A Leslie Olson, Al P APPROVED AS TO FORM AND CORRECTNESS: /.,21,4 G'/ County Atte, File No: EDO-5202126047 PDS No. 2021-034 Page 4 EXHIBIT - A 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 Extension 2009-96, Laws of Florida 01/21/2011 PDS Order 2-Year 09/15/2015 Pursuant to Chapter 11-003 amended Extension 2010-147, Laws of through PDS Order Florida 11-007 01/27/2012 PDS Order 12-012 EO 11-128 08/06/2016 Drought and wildfire EO 11-172 conditions EO 11-202 12/04/2012 PDS Order 12-039 EO 12-192 01/01/2018 Tropical Storm Debby EO 12-199 Tropical Storm Issac 02/03/2016 PDS Order 16-006 EO 15-173 09/02/2018 Tropical Storm Erika 09/02/2016 PDS Order 16-041 EO 16-59 12/30/2019 Increase number of EO 16-155 algae blooms due to discharge of harmful water from Lake Okeechobee 10/02/2017 PDS Order 17-039 EO 16-230, EO 16-275 02/26/2021 Hurricane Matthew EO 17-16, EO 17-67 01/22/2018 PDS Order 18-011 (EO) 17-120, 17-174, 17- 07/20/2024 Wildfires 204, 17-146, 17-177, 17- Tropical Storm Emily 230, 17-285, 17-329, 17- Opioid Epidemic 235, 17-287, 17-330, 17- Hurricane Irma 259, 17-304 Hurricane Maria 09/27/2018 PDS Order 18-055 (EO) 18-17, 18-80, 18- 03/27/2026 Hurricane Maria 135, 18-214, 18-236, 18- Opioid Epidemic 47, 18-110, 18-177, 18- Subtropical Storm 235, 18-150, 18-157, 18- Alberto 191, 18-249 Lake Okeechobee Algae Blooms 06/25/2019 PDS Order 19-027 (EO) 18-275, 18-278, 18- 06/25/2027 Red Tide (Amended PDS 282, 18-253, 18-279, 18- Hurricane Florence Order 19-009) 362, 18-281, 18-311 Opioid Epidemic Hurricane Maria Lake Okeechobee Algae Blooms 09/10/2020 PDS Order 2020- (EO) 19-189, 19-234, 19- 10/20/2028 Hurricane Dorian 056 281, 20-43, 20-106 File No: EDO-5202126047 PDS No. 2021-034 Page 5