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Home My WebLink AboutPDS-23-064 - St. Lucie Commerce Center and Associated Developmentr PDS ORDER 2023-064 File No.: EDO-2307000030 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE FOR THE MAJOR SITE PLAN KNOWN AS ST. LUCIE COMMERCE CENTER AND ASSOCIATED DEVELOPMENT AGREEMENT. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for development order extension timely submitted by Logan Wellmeier, Esq., of Dean, Mead, Minton, & Zwemer, on behalf of Lucie Rock, LLC, and has made the following determinations: On September 3, 2013, the St. Lucie County Board of County Commissioners granted approval.. through Resolution No. 2013-167, of the petition of Lucie Rock, LLC, for a Major Site Plan known as St. Lucie Commerce Center. The approval includes a 40-lot subdivision located on North Rock Road, approximately one-half mile north of Orange Avenue, in the IL (Industrial, Light) and IH (Industrial, Heavy) Zoning Districts. 2. On September 17, 2013, the Board of County Commissioners approved the St. Lucie Commerce Center 10-Year Development Agreement extending Resolution No. 2013-167 expiration date to September 17, 2023. On August 28, 2019, the Governor issued Executive Order 19-189 for 60 days due to the threat of Hurricane Dorian to the State of Florida. The Governor further extended this Order through Executive Order 19-234 on October 25, 2019, Executive Order 19-281 on December 19, 2019, Executive Order 20-43 on February 17, 2020, and Executive Order 20-106 on April 17, 2020, due to the ongoing recovery from Hurricane Dorian. 4. 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 Order 20-114 on May 8, 2020, Executive Order 20-166 on July 7, 2020. and Executive Order 20-213 on September 4, 2020, due to the ongoing COVID-19 pandemic. 5. On September 23, 2022, Governor DeSantis issued Executive Order 22-218 declaring a state of emergency due to Hurricane Ian, later amended to include the entire state by Executive Order (EO) 22-219. This state of emergency has been extended multiple times, through Executive Orders (EO) 22-268, 23-21, 23-60, 23-104, and most recently by 23- 139, which extended the period to September 11, 2023. The eligible tolling period for this emergency declaration is three hundred and fifty-three (353) days, plus twenty-four (24) months. 6. On November 7, 2022, Executive Order (EO) 22-253 was issued declaring a state of emergency in thirty-four (34) counties in Florida due to the threat of Subtropical Storm Nicole, later upgraded to a hurricane. The declaration of emergency for Executive Order MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY File No.: EDO-2307000030 FILE# 5257653 10/20/2023 10:00:44 AM DS Order No. 2023-064 OR BOOK 5060 PAGE 1501 - 1507 Doc Type: ORD Page 1 RECORDING: $61.00 (EO) 22-253, was amended to include the entire state through Executive Orders (EO) 22- 255 and 22-256. This state of emergency was also extended through Executive Orders (EO) 23-02, 23- 48, 23-87, and most recently 23-133. The eligible tolling period for this emergency declaration is two hundred and ninety-four (294) days, plus twenty-four (24) months. 7. On June 28, 2023, Senate Bill 250, was approved by the Governor and effective July 1, 2023, amended §252.363(1)(a), increasing the extension of the expiration dates for such permits or other authorizations from six (6) months to twenty-four (24) months per SOE (plus the duration of the emergency declaration), but limiting the extended period under overlapping SOEs to forty-eight (48) months. The applicant applied for this extension on July 25, 2023. 8. 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 2023-064. Further analysis is found in the memorandum titled St. Lucie Commerce Center Executive Order Extension, dated October 10, 2023. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Section 252.363 Florida Statutes of the State of Emergency Act, the Major Site Plan and Development Agreement for the project known as St. Lucie Commerce Center has been found to be eligible for this statutory extension. The approval granted under Res No. 2013-167 and extended by PDS Order 2020-058 is now extended from its last scheduled expiration date of November 24, 2025, and is now scheduled to expire November 24, 2029. The Development Agreement is now extended from its last scheduled expiration date of September 17, 2023, and is now scheduled to expire September 17, 2027, for the property described in Part B, and is hereby approved with the following conditions. 1. Future development of the project is subject to adoption of the Development Agreement with the property owner, Lucie Rock, LLC, and a determination of consistency with the provisions of the Development Agreement, as may be amended. All terms and conditions of the St. Lucie Commerce Center, LLC Development Agreement are incorporated herein. 2. Within 90 days of this site plan approval, thirty (30) feet of road right-of-way along the east side of Emerson Avenue/Laid Back Way, as more specifically shown on the Major Site Plan shall be dedicated to St. Lucie County. Such dedication shall be in a form and manner acceptable to the County Attorney. 3. Within 90 days of this site plan approval, twenty (20) feet of road right-of-way along the west side of Rock Road, within Phase A, as shown on the Major Site Plan shall be dedicated to St. Lucie County. Such dedication shall be in a form and manner acceptable to the County Attorney. File No.: EDO-2307000030 PDS Order No. 2023-064 Page 2 4. Wthin 90 days of this site plan approval, twenty (20) feet of road right-of-way along the west side of Rock Road, within Phase B, as shown on the Major Site Plan shall be dedicated to St. Lucie County. Such dedication shall be in a form and manner acceptable to the County Attorney. 5. Within 90 days of this site plan approval, ten (10) feet of road right-of-way along Sunnyland Drive (5 feet on the north side of the road and 5 feet on the south side), as more specifically shown on the Master Site Plan shall be dedicated to St. Lucie County. Such dedication shall be in a form and manner acceptable to the County Attorney. 6. The Final Plat for any phase of development shall not be recorded until constructible engineering plans are approved, and all common improvements required for that phase are either: a. Built and accepted or approved by St. Lucie County; or b. Appropriate security is provided to St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 7. Prior to issuance of the first certificate of occupancy for any portion of the development, signalization of the Orange Avenue and Rock Road intersection and the provision of left and right turn lanes shall be constructed and approved by the County. 8. Prior to issuance of a building permit or Final Plat approval, the developer, or his assigns, shall provide an executed copy of a final utility service agreement with Ft. Pierce Utilities Authority, indicating all developer obligations, including schedules associated with servicing this site. 9. The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable, federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 10. Per Florida Statute 125.022, the issuance of development approval 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. 11. Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. 12. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall File No.: EDO-2307000030 PDS Order No. 2023-064 Page 3 schedule and conduct a pre -construction meeting with St. Lucie County staff to ensure that trees and native understory vegetation are protected, supplemental irrigation is provided where necessary, and any necessary pruning is conducted by a qualified arborist. 13. The Landscape Plan for St. Lucie Commerce Center is incorporated in the Master Site Plan. Landscape buffers, street trees and tree mitigation will be provided in accordance with the Landscape Plan, provided however, that in the event of any conflict between the Landscape Plan incorporated into the Master Site Plan, and a landscape plan incorporated into a site plan for any individual lot or lots approved by the County, the Landscape Plan incorporated into the Master Site Plan shall be amended in accordance with the LDC. The Developer acknowledges that all landscaping for any individual lot or lots must be completed in accordance with the applicable provisions of the St. Lucie County Land Development Code. 14. At the time of construction of the first phase of development on the Property, the Developer shall construct the berm along the west boundary of the Property (the "Berm") in accordance with the Master Site Plan. 15. When the Developer applies for site plan approval for any phase of development on the Property, the Developer shall provide the County Environmental Resources Department with (i) an updated tree survey and mitigation table for such phase of development, if such phase of development contains native trees meeting the size requirements of LOR Section 6.00.05.D, Table 1, and (ii) an updated Environmental Impact Report for such phase of development, if required by LOR Section 11.02.09.A.5. 16. Prior to approval of any phase of development containing the Lake the Developer shall provide the County Environmental Resources Department with a Lake Area Monitoring and Management Plan. B. The property on which this development order extension is being granted is described as follows: PARCEL 1 THE SOUTH ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT ALL RIGHTS -OF -WAY OF RECORD. TOGETHER WITH: PARCEL 2: THAT PART OF THE NE 1/4 OF THE SW 1/4 OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING SOUTHWESTERLY OF 1-95 LESS AND EXCEPT THE EAST 93 FEET AND THE SOUTH 60 FEET FOR ROAD AND CANAL RIGHT-OF-WAY. ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH: File No.: EDO-2307000030 PDS Order No. 2023-064 Page 4 PARCEL 3: FROM THE SOUTHEAST CORNER OF THE NW 1/4 OF THE SW 1/4 OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, RUN NORTH 00008'13" WEST ALONG THE 1/4 1/4 SECTION LINE 60 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 00008'13'W 846.63 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE FOR INTERSTATE 95 HIGHWAY; THENCE RUN NORTH 60008'02" WEST ALONG SAID RIGHT-OF-WAY LINE 107.58 FEET; THENCE RUN NORTH 62025'28" WEST 300.24 FEET; THENCE RUN NORTH 60008'02" WEST 182.77 FEET; THENCE RUN SOUTH 00-11'29" WEST 346.62 FEET; THENCE RUN SOUTH 60008'02" EAST 354.41 FEET; THENCE RUN SOUTH 00°08'13" EAST, 607.48 FEET; THENCE RUN NORTH 89053'47" EAST, 210 FEET TO THE POINT OF BEGINNING. BILLBOARD PARCEL: BEING A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA THENCE N00040'25"W ALONG THE 1/4 1/4 SECTION LINE 904.94 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, S60050'22"E, 700.71 FEET TO THE POINT OF BEGINNING: THENCE S29°09'38'W, 125.00 FEET; THENCE S60°50'22"E, 125.00 FEET; THENCE N29°09'38"E, 125.00 FEET TO THE SAID SOUTH RIGHT-OF- WAY LINE OF INTERSTATE HIGHWAY 95; THENCE N60°50'22'W ALONG SAID SOUTH RIGHT-OF-WAY LINE 125.00 FEET BACK TO THE POINT OF BEGINNING. INGRESS/EGRESS EASEMENT. - BEING A PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA THENCE N00040'25"WALONG THE 1/4 1/4 SECTION LINE 904.94 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S60050'22"E, 825.71 FEET TO THE POINT OF BEGINNING: THENCE S29°09'38'W, 30.00 FEET; THENCE S60°50'22"E, 682.21 FEET TO THE WEST RIGHT-OF-WAY LINE OF ROCK ROAD; THENCE ALONG THE SAID WEST RIGHT-OF-WAY LINE OF ROCK ROAD N00045'37"W, 34.61 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95; THENCE N60°50'22"W ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 95 664.95 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 94.258 ACRES, MORE OR LESS. PARCEL NUMBER(S): 2302-341-0001-000-8, 2302-312-0020-000-7, 2302-342-0001- 000-1, 2302-331-0001-000-7, 2303-321-0010-000-2 File No.: EDO-2307000030 PDS Order No. 2023-064 Page 5 Location: North Rock Road, approximately 1/2 mile north of Orange Avenue. C. This approval and authorization granted by this Order for the purpose of obtaining building permits on this property, shall expire as contained in Paragraph A, unless the developer has obtained a Final Plat or building permit, or an extension has been granted in accordance with Section 11.02.06(B)(1), 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 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 A 14�_ day of M41"' , 2023. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY r_ &:�� enjamin Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: unty Attorn File No.: EDO-2307000030 PDS Order No. 2023-064 Page 6 EXHIBIT — A ST. LUCIE COMMERCE CENTER Date Approval Approval Granted Expiration Date Comments 09/03/2013 Res. No Board of County 09/17/2023 Major Site Plan & 2013-167 Commissioners Development Agreement 10/09/2020 PDS Order EO 19-189, 19-234, 19- 11/24/2025 Major Site Plan 2020-058 281, 20-43, and 20-106; Statutory Extension EO 20-52, 20-114, 20- Approval only 166, 20-213; EO 21-102 File No.: EDO-2307000030 PDS Order No. 2023-064 Page 7