HomeMy WebLinkAboutPDS-21-040 - Bev Smith Kia fka Fort Pierce Isuzu PDS ORDER 2021 -040
File No. EDO-6202126069
AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY
SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION
DATE FOR THE PROJECT KNOWN AS BEV SMITH KIA (FKA FORT PIERCE
ISUZU) MAJOR ADJUSTMENT TO A MINOR SITE PLAN
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the request for development order extension timely submitted by MBV Engineering, Inc. on
behalf of Nicholas and Michael Smith, and has made the following determinations:
1. On July 25, 2019, the Planning & Development Services Director granted a Major
Adjustment to a Minor Site Plan to improve a 57,369 square feet vehicular parking area,
update site landscaping, and construct a 0.57-acre dry retention pond. The subject
property is located at 5560 S US Highway 1 in the CG (Commercial, General) Zoning
District, as described in Part B below.
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 475 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 June 10, 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 granting site plan
approval through PDS Order 2019-031. Further analysis is found in the memorandum
titled Bev Smith Kia Executive Order Extension, dated August 3, 2021.
NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Section 252.363 Florida Statutes of the State of Emergency Act, the Major
Adjustment to a Minor Site Plan approval for the project known as Bev Smith Kia Site
Plan has been found to be eligible for this statutory extension. The approval granted
under PDS Order 2019-031 is now extended from its last scheduled expiration date of
July 25, 2021, and is now scheduled to expire May 15, 2023, for the property described
in Part B, is hereby approved with the following conditions.
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 4909222 08/13/2021 03:44:08 PM
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• 1. Prior to issuance of a Certificate of Occupancy all Category I listed invasive species
shall be eradicated from the site.
B. The property on which this Development Order Extension is being granted is described
as follows:
LEGAL DESCRIPTION:
THE SOUTH ONE-HALF (1/2) OF LOT 234, IN SECTION 10, TOWNSHIP 36 SOUTH,
RANGE 40 EAST, ACCORDING TO THE PLAT OF WHITE CITY SUBDIVISION,
RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA, LESS AND EXCEPTING THEREFROM THE EAST 30 FEET
DEEDED TO THE STATE OF FLORIDA.
TOGETHER WITH:
A PARCEL OF LAND LYING AND BEING IN THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 36 SOUTH, RANGE 40 EAST,
ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 241 OF WHITE CITY,
ACCORDING TO SHEEN'S SURVEY THEREOF RECORDED IN PLAT BOOK 1,
PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, RUN
SOUTH 89°50'27" EAST ALONG THE NORTH LINE OF SAID LOT 241 A DISTANCE
OF 78 FEET TO THE POINT OF INTERSECTION OF SAID NORTH LINE WITH
THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 (STATE ROAD NO.
5)(A 120-FOOT RIGHT-OF-WAY, THE EAST LINE OF WHICH LIES 78 FEET EAST
OF THE QUARTER-SECTION LINE OF SAID SECTION 10), SAID POINT OF
INTERSECTION BEING THE POINT OF BEGINNING; THENCE RUN SOUTH
00°00'15" WEST ALONG THE EAST RIGHT-OF-WAY LINE OF SAID HIGHWAY A
DISTANCE OF 475 FEET; THENCE RUN SOUTH 89°50'27" EAST ALONG A LINE
PARALLEL WITH AND 475 FEET SOUTH OF THE NORTH LINE OF SAID LOT 241,
A DISTANCE OF 380 FEET; THENCE RUN NORTH 00°00'15" EAST A DISTANCE OF
175 FEET TO A POINT 300 FEET SOUTH OF THE NORTH LINE OF SAID LOT 241;
THENCE RUN SOUTH 89°50'27" EAST ALONG A LINE PARALLEL WITH AND 300
FEET SOUTH OF SAID NORTH LINE OF LOT 241 A DISTANCE OF 179.14 FEET
MORE OR LESS TO A POINT ON THE WEST LINE OF A 60-FOOT CANAL RIGHT-
OF-WAY (SAID WEST LINE LIES 30 FEET WEST OF THE EAST LINE OF LOT 241);
THENCE RUN NORTH 00°04'23" EAST ALONG SAID WEST CANAL RIGHT-OF-
WAY LINE A DISTANCE OF 300 FEET TO THE NORTH LINE OF SAID LOT 241;
THENCE RUN NORTH 89°50'27" WEST ALONG THE NORTH LINE OF SAID LOT 241
A DISTANCE OF 559.50 FEET TO THE POINT OF BEGINNING.
PARCEL ID#: 3403-502-0302-000/4
ADDRESS: 5560 S US Highway 1, Fort Pierce, FL 34982
C. This Bev Smith Kia Site Plan statutory extension approval shall expire on May 15, 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.
File No.: EDO-6202126069 PDS Order 2021-040
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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.
G. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the "1 day of 1.�. �'l 2021.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY /�
Leslie Olson, A CP
APPROVED AS TO FORM
AND CORRECTNESS:
BY
1i>5I ounty Attorney
File No.: EDO-6202126069 PDS Order 2021-040
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