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Home My WebLink AboutPDS-23-004 - Publix at Indrio CommonsMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5147907 01/27/2023 02:24:52 PM OR BOOK 4943 PAGE 1030 - 1034 Doc Type: ORD RECORDING: $44.00 PDS ORDER 2023-004 File No.: EDO 2208-000012 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 Indrio Commons, and has made the following determinations: On August 13, 2019, the Board of County Commissioners granted Major Site Plan approval for the project known as Publix at Indrio 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 Indrio Road and Emerson Avenue intersection in the CG (Commercial General) Zoning District. 2. On August 25, 2022, the applicant submitted a 12-month extension request in accordance with the St. Lucie County Land development code, Section 11.02.06(B), Major Site Plan submittals for the Major Site Plan titled, "Publix at Indrio Commons." 3. On September 23, 2022, the Governor issued Executive Order 22-218 for 60 days due to the threat of Tropical Depression Nine to the State of Florida residents. The eligible tolling period for this emergency declaration is 60 days plus six (6) months. 4. On October 31, 2022, the applicant withdrew the request for a 12-month extension and subsequently uploaded supporting documentation pursuant to Section 252.363 Florida Statutes, under Executive Order (EO) 22-218 due to the threat of Tropical Depression Nine to the State of Florida residents. 5. On November 7, 2022, the Governor issued Executive Order 22-253 for 60 days due to the threat of Subtropical Storm Nicole to the State of Florida residents. The eligible tolling period for this emergency declaration is 60 days plus six (6) months. 6. 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. 7. Florida Statutes Section 252.363 requires that a specific written notice be filed with the issuing authority within ninety (90) days after the termination of the declaration of emergency. The applicant applied for the extension on October 31, 2022. 8. Planning Staff performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County Orders granting extensions depicted on the attached Exhibit A. Further analysis is found in the memorandum titled Publix at Indrio Commons Executive Order Extension, dated January 11, 2022. File No.: EDO-2208-000012 PDS No. 2023-004 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 Indrio Commons Major Site Plan has been found to be eligible for a statutory extension. The approval granted under PDS Order 2020-071 is extended from its last scheduled date of expiration June 20, 2023, and shall now expire October 13, 2024, 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-2208-000012 PDS No. 2023-004 Page 2 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 89025'38" 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 89025'38" WEST, 1470.00 FEET CONTINUING ALONG SAID NORTH EXISTING RIGHT OF WAY LINE; THENCE NORTH 00037'49" EAST, 770.00 FEET; THENCE SOUTH 89025'38" EAST, 315.00 FEET; THENCE SOUTH 00037'49" WEST, 705.00 FEET; THENCE NORTH 89038,05" EAST, 733.05 FEET; THENCE SOUTH 89025'38" EAST, 366.46 FEET; THENCE NORTH 03035'07" EAST, 693.96 FEET; THENCE SOUTH 89°25'38" EAST, 19.83 FEET TO SAID WEST EXISTING CANAL RIGHT OF WAY LINE; THENCE SOUTH 00037'49" 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-2208-000012 PDS No. 2023-004 Page 3 PARCEL ID# 1315-131-0002-000-7 C. This Major Site Plan, with statutory extension, approval shall expire on October 13, 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 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 day of 1' ✓Wt , 2023. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Benjamin Balcer, AICP for 0@yt6 Santamaria APPROVED AS TO FORM AND CORRECTNESS: WA File No.: EDO-2208-000012 PDS No. 2023-004 Page 4 EXHIBIT — A Publix at Indrio Commons The following table provides a historic timeline of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Date Comments 02/01/2010 Res 2019-170 BOCC Approved 08/13/2021 Project Approval Major Site Plan 10/23/2020 PDS 2020-071 EO 19-189, Extension 06/20/2023 Hurricane Dorian 19-234, 19-281, 20- & Isaias 43, 20-106, Issued EO 20-181, 20-195 File No.: EDO-2208-000012 PDS No. 2023-004 Page 5