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Home My WebLink About24-002 PDS ORDER 2024-002 File No.: EDO-2311-000034 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 SPRING RECOVERY CENTER. WHEREAS, the St. Lucie County Planning and 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: 1. 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 acre 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 Spring 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. I.. On January 12, 2023, the Planning & Development Services Director, through PDS O Order 2023-008, granted an extension to the approved Spring 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). This Order extended the Conditional Use Permit and Minor Site Plan LL o twelve (12) months plus one-hundred and five (105) days from its current expiration o A dates. n J N r u 5. On November 11, 2023, Daniel T. Sorrow, PLA, AICP, LEED AP BD+C, of Cotleur & phs Hearing, LLC, representing PLAG Holdings, LLC, filed a request to toll and extend the 0 2 a c, termination date for the Spring Recovery Center Conditional Use Permit and Minor Site W-N z Plan pursuant to Subsection 252.363, F.S., Executive Orders 22-218, 22-219 for j 3 0 o p (Hurricane Ian) and Executive Order 22-253 for (Hurricane Nicole). Subsequent • ° executive orders have continued to extend EO 22-218 and EO 22-253 through EO 24-02 i U U o and 24-32. File No.: EDO-2311-000034 PDS Order No. 2024-002 Page 1 6. Senate Bill 250, approved by the Governor on June 28, 2023, and effective July 1, 2023, amends Section 252.363(1)(a) Florida Statutes, increasing the extension of the expiration dates for such permits or other authorizations from six (6) months to twenty- four (24) months per state of emergency (plus the duration of the emergency declaration) but limiting the extended period under overlapping states of emergency to forty-eight (48) months. When combined, they reach the maximum allowable forty-eight (48) months by Statute. a. The Conditional Use Permit's current June 20, 2024, expiration date is eligible for extension until March 8, 2027. The applicant hereby elects to extend the Conditional Use Permit for the remaining thirty-two (32) months and sixteen (16) days, allowed under Florida Statute 252.363. b. The Minor Site Plan's current December 14, 2024, expiration date is eligible for extension until September 2, 2027. The applicant hereby elects to extend the Minor Site Plan for the remaining thirty-two (32) months and nineteen (19) days, allowed under Florida Statute 252.363. 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 this extension on November 11, 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 Conditional Use Permit approval through Resolution 2021-299, PDS Order 2021-045, PDS Order 2022- 026, and PDS Order 2023-008 by the Planning and Development Services Director. Further analysis is found in the memorandum titled "Spring Recovery Center CUP & Spring Recovery Center MNSP Executive Order Extension"dated April 16, 2024. NOW, THEREFORE, BE IT ORDERED 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 Spring Recovery Center has been found eligible for this statutory extension. The Conditional Use Permit approval under Resolution 2021- 299, is further extended from its last scheduled expiration date of June 20, 2024, and shall now expire March 8, 2027. The approval granted under PDS Order 2023-008, is further extended from its last scheduled expiration and shall now expire on September 2, 2027, 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. File No.: EDO-2311-000034 PDS Order No. 2024-002 Page 2 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: Legal 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 March 8, 2027, 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. This Minor Site Plan statutory extension approval shall expire on September 2, 2027, 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. File No.: EDO-2311-000034 PDS Order No. 2024-002 Page 3 This ORDER effective the ) 1,111 day of _ Arok , 2024. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUN ORIDA BY Ben Balce , AICP APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney EXHIBIT — B SPRING RECOVERY CENTER Date Approval Approval Granted Expiration Comments Date 07/06/2021 Res. No. Board of County 07/06/2022 Conditional Use Permit 2021-299 Commissioners 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 02/16/2023 PDS Order Executive Orders 22-218, 06/20/2024 Conditional Use Permit 2023-008 22-219 and 22-253 12/14/2024 Minor Site Plan File No.: EDO-2311-000034 PDS Order No. 2024-002 Page 4