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Home My WebLink AboutPDS-23-008 - The Springs Recovery CenterPDS ORDER 2023-008 File No.: EDO-2301-000021 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY FLORIDA STATUTES SECTION 252.363 TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED CONDITIONAL USE PERMIT AND MINOR SITE PLAN FOR A PROJECT KNOWN AS THE SPRINGS RECOVERY CENTER. WHEREAS, the St. Lucie County Planning arid Development Services Director has reviewed the requests for a Development Order extension timely submitted, in accordance with Florida Statute 252.363, by Daniel T. Sorrow, PLA, AICP, LEED AP BD+C, on behalf of PLAG Holdings, LLC, and has made the following determinations: On July 6, 2021, the Board of County Commissioners granted a Conditional Use Permit for a 25,992 square foot one-story substance abuse rehabilitation center, equipped with seventy-six (76) beds, nursing stations, and office space. The 4.64 acres site is located on the southwest corner of W Midway Road and NW Dunn Road. The site is within the I (Institutional) Zoning District, with a Future Land Use of P/F (Public Facilities). 2. On August 31, 2021, the Planning & Development Services Director, through PDS Order 2021-045, granted Minor Site Plan approval for Springs Recovery Center's substance abuse rehabilitation center. 3. On July 7, 2022, the Planning & Development Services Director, through PDS Order 2022-026, granted an extension to the approved Conditional Use Permit pursuant to State of Florida Executive Orders 22-27 and 22-28. This order extended the Conditional Use Permit until March 7, 2023. 4. On January 12, 2023, Daniel T. Sorrow, PLA, AICP, LEED AP BD+C, of Cotleur & Hearing, LLC, representing PLAG Holdings, LLC, filed a request to toll and extend the termination date for the Springs Recovery Center's Conditional Use Permit and Minor Site Plan pursuant to Subsection 252.363, F.S., Executive Orders 22-218, 22-219 (Hurricane Ian) and Executive Order 22-253 (Hurricane Nicole). 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 (6) months. 6. 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 this extension on June 3, 2022. 7. Planning Staff performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County development order granting Conditional Use Permit approval through Resolution 2021-299, PDS Order 2021-045 and PDS Order 2022-026, granted by the Planning and Development Services Director. Further analysis File No.: EDO-2301-000021 MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT 3 Order No. 2023-008 SAINT LUCIE COUNTY FILE # 5164011 03/07/2023 05:23:54 PM Page 1 OR BOOK 4959 PAGE 1388- 1391 Doc Type: ORD RECORDING: $35.50 is found in the memorandum titled "Springs Recovery Center CUP & Springs Recovery Center MNSP Executive Order Extension" dated February 14, 2023. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Florida Statutes Section 252.363, the Conditional Use Permit approval and Minor Site Plan for the project known as Springs Recovery Center has been found eligible for this statutory extension. The approval under Resolution 2021-299, is further extended from its last scheduled expiration date of March 7, 2023, and shall now expire June 20, 2024. The approval granted under PDS Order 2021-045, is further extended from its last scheduled expiration and shall now expire on December 14, 2024, for the property described in Part B, and is subject to the following conditions: 1. Pursuant to Land Development Code Section 11.07.05(E) any change in the project name or ownership of the property will be subject to a Minor Adjustment to the Conditional Use Permit. 2. Pursuant to Land Development Code Section 11.07.05(E) any change of use and/or increase of the maximum of 76 beds shall be subject to a Major Adjustment to the Conditional Use Permit. 3. The existing wall located within the right-of-way dedication area along NW Dunn Road must be removed prior to acceptance of the right-of-way by the County. 4. The northern driveway is limited to right -in movements only. 5. The Planning and Development Services Director shall be directed to evaluate the Site Plan considering: (1) additional easements to provide for transit, (2) accepting a fee in -lieu -of the construction of the sidewalk along Dunn Road, and (3) the alignment of the driveway access in a manner to discourage through access on Dunn Road. B. The property on which this statutory extension is being granted is described as follows: Leaal Description LOTS 102, WHITE CITY SUBDIVISION, IN SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SET FORTH IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS THE WEST 200 FEET OF SAID LOT 2, AND LESS ALL RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 5.42 ACRES ACCORDING TO THAT CERTAIN SURVEY OF W.J. SCHOEPFER DATED JUNE 1, 1988. Location: Southwest corner of W Midway Road and NW Dunn Road Parcel Identification No.: 3403-502-0195-000-0 C. This Conditional Use Permit statutory extension approval shall expire on June 20, 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. File No.: EDO-2301-000021 PDS Order No. 2023-008 Page 2 D. This Minor Site Plan statutory extension approval shall expire on December 14, 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. E. 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. F. 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. G. A copy of this extension shall be placed on file with the St. Lucie County Planning and Development Services Department. H. This order shall be recorded in the Public Records of St. Lucie County. This ORDER effective the ( day of , 2023. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mayte SantamAria, PDS Dir L'tor APPROVED AS TO FORM AND CORRECTNESS: M File No.: EDO-2301-000021 PDS Order No. 2023-008 Page 3 EXHIBIT — B WHISPERING OAKS PLANNED UNIT DEVELOPMENT Date Approval Approval Granted Expiration Comments Date 07/06/2021 Res. No. Board of County 07/06/2022 Conditional Use 2021-299 Commissioners Permit 08/31/2021 PDS Order PDS Director 08/31/2023 Minor Site Plan 2021-045 Approval 07/07/2022 PDS Order Executive Orders 22-27 03/07/2023 Record -breaking 2022-026 and 22-28 freezing temperatures File No.: EDO-2301-000021 PDS Order No. 2023-008 Page 4