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Home My WebLink AboutPDS-21-038 - International Airport Business Park • M PDS ORDER 2021 -038 File No.: EDO-5202126046 AN ORDER GRANTING A STATUTORY EXTENTION PROVIDED BY FLORIDA STATUTES SECTION 252.363, TO THE SCHEDULED EXPIRATION DATE FOR THE MAJOR SITE PLAN KNOWN AS INTERNATIONAL AIRPORT BUSINESS PARK WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a development order administrative extension timely submitted by Dreyer Law Firm, P.L. on behalf of International Airport Business Park, and has made the following determinations: 1. On August 16, 2005, the Board of County Commissioners adopted Resolution 05-149, granting Major Site Plan approval for the project known as International Airport Business Park for 27,570 square feet of flexible business/industrial space and a 2,400 square foot convenience store and gasoline service station for a total of 29,970 square feet of space for property located at the southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue in the IL (Industrial, Light) 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 364 days plus six (6) months. 3. 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. 4. 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 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 order and granted extensions depicted on the attached Exhibit A. Further analysis is found in the memorandum titled International Airport Business Park Executive Order Extension, dated July 28, 2021. 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 International Airport Business Park Major Site Plan has been found to be eligible for a statutory extension. The approval granted under PDS Order 2020-059, is extended from its last scheduled date of expiration January 7, 2028, and shall now expire July 6,2029,for the File No.: EDO-5202126046 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT S No. 2021-038 SAINT LUCIE COUNTY Page: 1 FILE# 4909213 08/13/2021 03:40:31 PM OR BOOK 4666 PAGE 1665-1669 Doc Type:ORD RECORDING: $44.00 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. Prior to issuance of the first Certificate of Occupancy (CO)for the proposed project,the petitioner, his successors or assigns, shall construct a left turn lane for the proposed project on St. Lucie Boulevard. 3. Prior to issuance of the first Certificate of Occupancy (CO)for the proposed project,the petitioner, his successors or assigns, shall construct a 6 foot wide sidewalk along the project's frontage on St. Lucie Boulevard. 4. The issuance of 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. All other applicable state or federal permits must be obtained before commencement of the development including but not limited to state and federal agency approvals. 5. Prior to issuance of a certificate of occupancy, the applicant shall provide required tree mitigation per the approved plans. B. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: Lots 1 through 18, Block 37,of SAN LUCIE PLAZA UNIT ONE according to the plat thereof recorded in plat book 5, page 57,of the public records of St. Lucie County, Florida and the North 1/2 of vacated Hawthorne Road Right-of-Way adjacent on the south of lot 18; less the north 30 feet of Lot 1; the East 3 feet of the vacated right-of-way of Hawthorne Avenue for Road Right-of-Way. TOGETHER WITH: Lot 1, Block 15a,of SAN LUCIE PLAZA UNIT ONE according to the plat thereof recorded in plat book 5, page 57, of the public records of St. Lucie County, Florida and the South 1/2 of the vacated right-of-way of Hawthorne Road on the North of Lot 1,less the east 3 feet of Lot 1 and the East 3 feet of the vacated right-of-way of Hawthorne Avenue for Road Right-of- Way. (TAX ID#'S: 1428-702-0634-000/5 AND 1428-702-0232-000/7) (Location: Southwest corner of the intersection of St. Lucie Boulevard and Cayuga File No.: EDO-5202126046 PDS No. 2021-038 Page: 2 Avenue) C. This Major Site Plan statutory extension approval shall expire on July 6, 2029, 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. ORDER effective this or' day of , 2021. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA 18) BY Leslie Olson, AICP APPROVED AS TO FORM AND CORRECTNESS: BY ou Y Attorney File No.: EDO-5202126046 PDS No. 2021-038 Page: 3 • EXHIBIT - A International Airport Business Park The following table provides a historic timeline of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 08/16/2005 Resolution 05- Major Site Plan 08/16/2007 149 05/22/2007 Resolution 07- 12-Month LDC 08/16/2008 125 Extension 01/06/2009 Resolution 09- 2nd 12-Month 08/16/2009 003 LDC Extension 01/06/2009 Resolution 09- Proportionate Fair COA#4 per Resolution 004 Share and Road No. 09-003 Impact Fee Credit Agreement 08/11/2009 Resolution 09- Amendment to Permit issuance of 073 Development building permit prior to Order USFWS permit and VR permit. 12/21/2009 GM 09-032 SB 360 Statutory 08/16/2011 Extension 11/30/2010 PDS 10-020 SB 1752 Statutory 08/16/2013 Extension 02/27/2012 PDS 12-018 EO11-128 07/06/2014 Drought and wildfire EO11-172 conditions EO11-202 02/15/2013 PDS 13-003 EO12-199 04/14/2015 Tropical Storm Isaac. Request to Rescind** 06/10/2014 PDS 14-030 Rescinded PDS 07/06/2016 Reverting the expiration 13-003 date back to 7/6/2014 Section and administrative 11.02.06(6)(4) extension 11/5/2015 PDS 2015-033 EO15-173 03/14/2017 Tropical Storm Erika 09/2/2016 PDS 16-040 EO16-59 11/03/2017 Discharge of harmful water from Lake Okeechobee 11/4/2016 PDS 16-047 EO16-155 09/03/2018 Increase number of algae EO16-204 blooms due to discharge of harmful water from Lake Okeechobee 10/20/2017 PDS 17-036 EO16-230, EO16- 11/01/2019 Hurricane Matthew 275, EO17-16, EO17-67 01/16/2018 PDS 18-009 (EO) 17-120, 17- 03/26/2023 Wildfires File No.: EDO-5202126046 PDS No. 2021-038 Page: 4 174, 17-204, 17- Tropical Storm Emily 146, 17-177, 17- Opioid Epidemic 230, 17-285, 17- Hurricane Irma Hurricane 329, 17-235, 17- Maria 287, 17-330, 17- 259, 17-304 09/27/2018 PDS 18-052 (EO) 18-17, 18-80, 12/02/2024 Hurricane Maria 18-135, 18-214, Opioid Epidemic 18-236, 18-47, 18- Subtropical Storm Alberto 110, 18-177, 18- Lake Okeechobee Algae 235, 18-150, 18- Blooms 157, 18-191, 18- 249 03/08/2019 PDS 2019-011 (EO) 18-275, 18- 03/02/2026 Red Tide 278, 18-282, 18- Hurricane Florence 253, 18-279, 18- Opioid Epidemic 362, 18-281, 18- Hurricane Maria Lake 311 Okeechobee Algae Blooms 10/06/2020 PDS 2020-059 EO 19-189, 19- 01/07/2028 Hurricane Maria 234, 19-281, 20- Hurricane Isaias 43, 20-106,20-181 File No: EDO-5202126046 PDS No. 2021-038 Page: 5