HomeMy WebLinkAbout25-002 PDS ORDER 2025-02
File No. EDO-2410000049
AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY
SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED
EXPIRATION DATE FOR THE APPROVED MINOR SITE PLAN KNOWN AS
ORANGE 95 COMMERCE CENTER TAMBONE - PHASE 1 ON
APPROXIMATELY 26.76 ACRES OF PROPERTY LOCATED AT 255
JENKINS ROAD IN ST. LUCIE COUNTY, FL.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for a development order extension timely submitted by EDC, Inc. on behalf of Richard &
Lori Tambone of the Tambone Companies, LLC. and has made the following determinations:
1. On January 6, 2023, the Planning and Development Services Director granted approval
through PDS Order 2023-001, a Minor Site Plan to develop a 363,567 sq. ft. distribution
complex, encompassing two (2) buildings and associated site improvements. The 26.76-
acre project site is located at 255 Jenkins Road and currently contains four (4) residential
buildings, accessory structures, and miscellaneous site improvements. The site is zoned
Industrial Light (IL) with a Mixed-Use Development (MXD) future land use designation.
2. On September 23, 2022, Governor DeSantis issued Executive Order Number 22-218
declaring a state of emergency for certain counties in the State of Florida, including St.
Lucie County, as a result of the threat of Tropical Storm Nine/Hurricane Ian. This emergency
declaration was effective on September 23, 2022, and would have expired 60 days later. on
November 22. 2022. The Governor also issued Executive Order 22-219 on September 24,
2022, expanding the state of emergency to cover the entire State of Florida. However,
subsequent executive orders have continued to extend executive orders 22-218 and 22-
219, through Executive Order 24-174, which extended the state of emergency to October
22, 2024.
3. On November 7, 2022. Governor DeSantis issued Executive Order 22-253 declaring a state
of emergency for certain counties in the State of Florida, including St. Lucie County, as a
result of the impending Subtropical Storm Nicole. This emergency declaration was effective
on November 7, 2022, and would have expired 60 days later, on January 6, 2023. However.
subsequent executive orders have continued to extend Executive Order 22-253, through
Executive Order 24-116. extending the state of emergency to August 13, 2024.
4. On October 29. 2024, the applicant, EDC, Inc., representing the property owners, Joseph
G. Miller and Richard & Lori Tambone, filed a request to toll and extend the termination
date for the project known as Orange 95 Commerce Center AKA Tambone — Phase 1,
pursuant to Executive Orders 24-174, (Hurricane Ian) and Executive Order 24-116
(Hurricane Nicole).
File No.: EDO 2410 000049 NICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT PDS 2025-02
SAINT LUCIE COUNTY
FILE# 5444128 02/18/2025 04:37:23 PM Page: 1
DR BOOK 5271 PAGE 780-784 Doc Type.ORD
RECORDING. S44.00
5. 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 supersede the maximum allowable forty-eight(48) months by Statute.
6. 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
emergency. The applicant applied for this extension on October 29, 2024, which is within
the time frame established by the Statute.
7. Planning Staff has performed an analysis of the project and determined that the extension is
consistent with the original St. Lucie County Development Order granting extensions
depicted on the attached Exhibit A. Further analysis is found in the memorandum titled
"Orange 95 Commerce Center AKA Tambone-Phase 1, Executive Order Extension(EDO-
2410-000049)"dated January 31, 2025.
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 administrative
approval for the project known as Orange 95 Commerce Center AKA Tambone- Phase 1, has
been found to be eligible for a statutory extension. The approval granted under PDS Order No.
2023-01 is extended from its last scheduled date of expiration. January 6, 2025, and now shall
expire January 6, 2027, for the property described below in Part B, subject to the following
conditions:
Environmental Resources Department
1) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall
place$50,000 in escrow or other similar financial surety to either be used to landscape
the SLCSO K-9 Facility with any remaining amount contributed to the ERD/Jail Nursery
OR to be donated to ERD and SLCSO for them to provide the K-9 Facility landscaping
with any remaining amount contributed to the ERD/Jail Nursery.
2) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever occurs first,
a 100% gopher tortoise survey conducted by a state certified gopher tortoise agent
shall be required per Florida Fish and Wildlife Conservation Commission (FWC)
protocol prior to initiation of any clearing activities onsite.
3) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plants
shall be eradicated from the site.
Property Acquisitions
4) Within 90 days of Site Plan approval, the applicant, property owner, developer,
successors, or assigns, shall convey to St. Lucie County, in a manner or form
File No.: EDO-2410-000049 PDS 2025-02
Page: 2
acceptable to the County Attorney, a right-of-way dedication along the western
boundary of the property for the future extension of Loop Road.
Public Works Department, Engineering Division
5) Prior to issuance of a Site Development Permit,the proposed Fee-in-Lieu of sidewalk is
required to be approved and paid. If the Fee-in-Lieu of sidewalk is not approved by the
Board of County Commissioners, sidewalks complying with County requirements will be
required to be.
6) A Site Development Permit is required prior to work onsite.
B. The property on which this Development Order Extension is being granted is described as
follows:
Legal Description:
BEING A POTION OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 35 SOUTH,
RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE NORTHEAST 1/4 CORNER OF SAID SECTION 12; THENCE SOUTH
89°45'4" WEST. ALONG THE NORTH LINE OF SAID SECTION 12. A DISTANCE OF
163.27 FEET; THENCE SOUTH 00°06'24" WEST. DEPARTING SAID NORTH LINE, A
DISTANCE OF 671.56 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE
SOUTH 00°06'24"WEST,ALONG THE WEST RIGHT-OF-WAY LINE OF JENKINS ROAD
AS SHOWN ON THE ST. LUCIE COUNTY RIGHT-OF-WAY MAP. DRAWING NO. 324,
SHEET 3 OF 5, A DISTANCE OF 183.10 FEET: THENCE SOUTH 08°47'51" EAST, A
DISTANCE OF 607.30 FEET; THENCE SOUTH 00°06'24"WEST,A DISTANCE OF 199.04
FEET TO THE NORTH RIGHT-OF-WAY LINE OF LOOP ROAD AS RECORDED IN
OFFICIAL RECORDS BOOK 1361, PAGE 200, PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA; THENCE NORTH 85°11'17"WEST, DEPARTING SAID WEST LINE
AND ALONG SAID NORTH LINE, A DISTANCE OF 594.37 FEET; THENCE SOUTH
89°43'16" WEST. A DISTANCE OF 288.90 FEET TO A POINT OF CURVATURE OF A
CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 377.30 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
89°36'01"AND A DISTANCE OF 590.03 FEET TO THE WEST LINE OF THE EAST'% OF
THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE NORTH 00°04'21" EAST,
DEPARTING SAID NORTH LI[N]E OF AND ALONG SAID WEST LINE. A DISTANCE OF
1,305.20 FEET TO THE SOUTH LINE OF THE NORTH 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 12; THENCE NORTH 89°44'22" EAST, DEPARTING SAID WEST LINE
AND ALONG SAID SOUTH LINE, A DISTANCE OF 1.162.81 FEET TO THE POINT OF
BEGINNING
CONTAINING 26.76 ACRES, MORE OR LESS.
PARCEL IDENTIFICATION NUMBER: 2312-112-0000-000-8
File No.: EDO-2410-000049 PDS 2025-02
Page: 3
C. This statutory extension approval for PDS Order No. 2025-02 shall expire on January 6,
2027, unless a 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 administrative 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. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning
and Development Services Department.
This order shall be recorded in the Public Records of St. Lucie County.
fy�
ORDER effective this gj ; ,`day of t-e '(`,611(-1 , 2025.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Be ij nin Balcer. AICP
APPROVED AS TO FORM
AND CORRECTNESS:
BY ,/
County Attorney
File No.: EDO-2410-000049 PDS 2025-02
Page: 4
EXHIBIT - A
"Orange 95 Commerce Center AKA Tambone— Phase 1"
The following table provides a historic timeline of the approvals granted to the subject site plan.
Date Approval Approval Granted Expiration Comments
Date
01/09/2024 PDS Order No. PDS Director 01/06/2025 Minor Site Plan
2023-01 approval
1/8/2025 PDS Order No. Executive Orders 24- 01/06/2027 Hurricane Ian
2025-02 174, 24-116 Hurricane Nicole
04/03/2024 SDP-2312- Public Works 09/30/2024 Site Development
000093 Approval
05/01/2024 BLDC-2312- Building and Code 07/14/2025 Building Permit
001958 Regulations Approval
File No.: EDO-2410-000049 PDS 2025-02
Page: 5