HomeMy WebLinkAboutPDS-23-033 - Walsh Property MIC NTHELLELUCIE R.MILLER.CLERK OF THE CIRCUIT COURT
SAI COUNTY
FILE# 5196468 05/24/2023 09:23'.59 AM
OR BOOK 4994 PAGE 1578-1581 Doc Type:ORD
RECORDING: $35.50
PDS Order 2023-033
File No. EDO-2303000025
AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION
252.363 FLORIDA STATUTES TO THE APPROVED VARIANCE KNOWN AS
WALSH PROPERTY, LOT 3, PERSNICKETY FARMS.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for a development order extension timely submitted by Richard M. Ladyko. P.E. of Ladyko
Design Group, LLC, on behalf of David and Sally Walsh. and has made the following
determinations:
1. On December 15. 2009, the Growth Management Director granted Minor Site Plan approval
through GM 09-017, Persnickety Farms, an 8-lot agricultural subdivision for 73.13 acres of
property located on the west side of Header Canal Road, approximately 600 feet north of
Okeechobee Road in the AG-5 (Agricultural — 1 du/5 acre) Zoning District.
2. On April 27, 2022, the Board of Adjustment granted a Variance to allow the flagstaff depth of
a proposed flag lot to exceed five (5) times the required minimum road frontage. The
applicant was granted a 420.56-foot variance for the overall flagstaff depth of 720.56 feet.
3. On February 17, 2023, Richard M. Ladyko, P.E. of Ladyko Design Group, LLC representing
David and Sally Walsh, filed a request to toll and extend the termination date for the"Walsh
Property, Lot 3, Persnickety Farms Variance," pursuant to Subsection 252.363, F.S.,
Executive Orders (EO) 22-218, 22-219 (Hurricane Ian) and Executive Order (EO) 22-253
(Hurricane Nicole). The current expiration date is April 27, 2023,with a request for extension
sought through August 10, 2024.
4. On September 23, 2022, the Governor issued Executive Order (EO) 22-218 for sixty (60)
days due to the threat of Tropical Depression Nine to the State of Florida residents.
Executive Order(EO) 22-219 amended Executive Order (EO) 22-218 to upgrade the state
of emergency declaration to encompass the entire State of Florida. The eligible tolling
period for this emergency declaration is six (6) months plus sixty (60) days.
5. On November 7, 2022, Executive Order (EO) 22-253 was issued declaring a state of
emergency in the thirty-four(34) counties in State of Florida due to the threat of Subtropical
Storm Nicole, later upgraded to a hurricane. The eligible tolling period for this emergency
declaration is six (6) months plus sixty (60) days.
6. Section 252.363 Florida Statute 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.
7. Section 252.363 Florida Statutes requires that a specific written notice be filed with the
issuing authority within ninety (90) days after the termination of the declaration of
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issuing authority within ninety (90) days after the termination of the declaration of
emergency. The applicant applied for this extension on February 17, 2023.
8. 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
Walsh Property, Lot 3. Persnickety Farms Executive Order Extension, dated May 10. 2023.
NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St.
Lucie County. Florida:
A. Pursuant to Section 252.363 of the Florida Statutes State of Emergency Act, the Variance
granted for the project known as Walsh Property, Lot 3, Persnickety Farms has been found
to be eligible for a statutory extension. The approval granted under Variance BA-
3202226360 is extended from its last scheduled date of expiration,April 27, 2023, and now
shall expire August 10, 2024, for the property described below in Part B.
B. The property on which this Development Order Extension is being granted is described as
follows:
Legal: LOT 3, PERSNICKETY FARMS, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 66, PAGE 40, PUBLIC OF ST. LUCIE
COUNTY, FLORIDA.
Location: West of South Header Canal, approximately 1,108 feet north of
Okeechobee Road in the Persnickety Farms Subdivision (Lot 3).
Parcel ID Number: 3202-500-0003-000-5
C. This statutory extension approval shall expire on August 10, 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 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.
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G. This Order shall be recorded in the Public Records of St. Lucie County.
/Z
ORDER effective this ' day of 2ic/J Af , 2023.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Benjamin Balcer, AIC
APPROVED AS TO FORM
AND CORRECTNESS:
BY
County A torney
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EXHIBIT - A
Persnickety Farms
The following table provides a historic timeline of the approvals granted to the subject site plan.
Date Approval Approval Granted Expiration Comments
Date
12/15/2009 GM 09-017 Minor Site Plan 12/15/2011 Approved Minor Site
Plan
10/27/2022 Res No. Variance for overall flag lot 10/27/2023 Granted Approval
2022-007 depth
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