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HomeMy WebLinkAbout25-017 y y PDS ORDER 2025-017 File No.: EDO-2411-000051 AN ORDER GRANTING A STATUTORY EXTENTION PROVIDED BY FLORIDA STATUTES SECTION 252.363, TO THE SCHEDULED EXPIRATION DATE FOR THE MAJOR SITE PLAN KNOWN AS INTERNATIONAL AIRPORT BUSINESS PARK. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a development order administrative extension timely submitted by Dreyer Law Firm, P.L. on behalf of International Airport Business Park, and has made the following determinations: 1. On August 16, 2005, the Board of County Commissioners granted Major Site Plan approval for the project known as International Airport Business Park. The project encompasses 27,570 square feet of flexible business/industrial space and a 2,400 square foot convenience store and gasoline service station,for property located at the southwest corner of the St. Lucie Boulevard and Cayuga Avenue intersection, in the IL (Industrial, Light) Zoning District and Airport Overlay Zone. 2. Between August 16, 2005, and August 1, 2022, several executive orders were exercised and approved for the development as detailed in Exhibit "A" attached herein. 3. On August 1, 2022, the Planning & Development Services Director approved PDS Order 2022-007, granting a Minor Adjustment to the Major Site Plan known as International Airport Business Park, in the IL (Industrial, Light) Zoning District. 4. Noreen S. Dreyer, Esq, on behalf of International Airport Business Park, applied for a Site Plan extension pursuant to Section 252.363 Florida Statutes. The requested Development Order extension is pursuant to Executive Order 22-218, Hurricane Ian, Executive Order 22- 253, Hurricane Nicole, and Executive Order 22-214, Hurricane Milton. 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. 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 the extensions on November 4, 2025. 7. Planning Staff performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County development order and granted extensions depicted on the attached Exhibit A. Further analysis is found in the memorandum titled International Airport Business Park Executive Order Extension, dated April 30, 2025. File No.: EDO-2411-000051 PDS Order No. 2025-017 Page: 1 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5481812 05/16/2025 11:18:43 AM OR BOOK 5314 PAGE 1101-1106 Doc Type:ORD RECORDING: $52.50 NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to Florida Statutes Section 252.363, the approval for the project known as International Airport Business Park Major Site Plan has been found to be eligible for a statutory extension. The approval granted under PDS Order 2022-034, is extended from its last scheduled expiration date of March 7, 2030, shall now expire March 7, 2034, for the property described in Part B. All previous conditions of approval applicable to the subject property, as contained in the above referenced development orders have been consolidated as contained herein. 1. All previous conditions of approval applicable to the subject property, as contained in the above referenced development orders have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines established by Chapter 11 of the Land Development Code and the Board of County Commissioners, unless expressly modified herein. 2. Prior to issuance of the first Certificate of Occupancy(CO)for the proposed project,the petitioner, his successors or assigns, shall construct a left turn lane for the proposed project on St. Lucie Boulevard. 3. Prior to issuance of the first Certificate of Occupancy(CO)for the proposed project,the petitioner, his successors or assigns, shall construct a 6 foot wide sidewalk along the project's frontage on St. Lucie Boulevard. 4. The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and 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. All other applicable state or federal permits must be obtained before commencement of the development including but not limited to state and federal agency approvals. 5. Prior to issuance of a certificate of occupancy,the applicant shall provide required tree mitigation per the approved plans. 6. Should a Major Adjustment to the Major Site Plan be proposed in the future,the project design shall be modified to adhere to Section 7.05.06(C)(2) of the St. Lucie County Land Development Code. B. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: Lots 1 through 18, Block 37,of SAN LUCIE PLAZA UNIT ONE according to the plat thereof recorded in plat book 5, page 57,of the public records of St. Lucie County, Florida and the North'/2 of vacated Hawthorne Road Right-of-Way adjacent on the south of lot 18; less the north 30 feet of Lot 1; the East 3 feet of the vacated right-of-way of Hawthorne Avenue for File No.: EDO-2411-000051 PDS Order No. 2025-017 Page: 2 Road Right-of-Way. TOGETHER WITH: Lot 1, Block 15a,of SAN LUCIE PLAZA UNIT ONE according to the plat thereof recorded in plat book 5, page 57, of the public records of St. Lucie County, Florida and the South IA of the vacated right-of-way of Hawthorne Road on the North of Lot 1,less the east 3 feet of Lot 1 and the East 3 feet of the vacated right-of-way of Hawthorne Avenue for Road Right-of- Way. (TAX ID#'S: 1428-702-0634-000/5 AND 1428-702-0232-000/7) (Location: Southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue) C. The statutory extension approvals for the Major Site Plan and associated Building Permits shall expire as stated below, unless an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. 1) The Major Site Plan and Building Permits associated therewith including but not limited to Building Permit numbers 0807-0168, 0807-0170 and 0902-0109 as originally approved and thereafter are extended by an additional forty-eight (48) months. The new expiration date is March 7, 2034. 2) Building Permit#ELEC-2402-000799 issued on March 24, 2024, with an expiration date of December 9, 2024, is extended for twenty-four months plus the sixty (60) day duration of the emergency for Executive Order 22-214. This expiration date is now February 7, 2027. 3) Building Permit #GASC-2302-000047 issued on May 23, 2024, with an expiration date of November 19, 2024, is extended for twenty-four months plus the sixty (60) day duration of the emergency for Executive Order 22-214. This expiration date is now January 18, 2027. 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 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. G. This order shall be recorded in the Public Records of St. Lucie County. File No.: EDO-2411-000051 PDS Order No. 2025-017 Page: 3 ORDER effective this day of /' r A' , 2025. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Be r " in Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY �ysr County Attorney File No.: EDO-2411-000051 PDS Order No. 2025-017 Page: 4 EXHIBIT - A International Airport Business Park The following table provides a historic timeline of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 08/16/2005 Resolution 05-149 Major Site Plan 08/16/2007 05/22/2007 Resolution 07-125 12-Month LDC 08/16/2008 Extension 01/06/2009 Resolution 09-003 2nd 12-Month 08/16/2009 LDC Extension 01/06/2009 Resolution 09-004 Proportionate Fair COA#4 per Resolution Share and Road No. 09-003 Impact Fee Credit Agreement 08/11/2009 Resolution 09-073 Amendment to Permit issuance of Development building permit prior to Order USFWS permit and VR permit. 12/21/2009 GM 09-032 SB 360 Statutory 08/16/2011 Extension 11/30/2010 PDS 10-020 SB 1752 08/16/2013 Statutory Extension 02/27/2012 PDS 12-018 EO11-128 07/06/2014 Drought and wildfire EO11-172 conditions EO11-202 02/15/2013 PDS 13-003 EO12-199 04/14/2015 Tropical Storm Isaac. Request to Rescind** 06/10/2014 PDS 14-030 Rescinded PDS 07/06/2016 Reverting the expiration 13-003 date back to 7/6/2014 Section and administrative 11.02.06(6)(4) extension 11/5/2015 PDS 2015-033 EO15-173 03/14/2017 Tropical Storm Erika 09/2/2016 PDS 16-040 EO16-59 11/03/2017 Discharge of harmful water from Lake Okeechobee 11/4/2016 PDS 16-047 EO16-155 09/03/2018 Increase number of EO16-204 algae blooms due to discharge of harmful water from Lake Okeechobee 10/20/2017 PDS 17-036 EO16-230, EO16- 11/01/2019 Hurricane Matthew 275, EO17-16, EO17-67 File No.: EDO-2411-000051 PDS Order No. 2025-017 Page: 5 01/16/2018 PDS 18-009 (EO) 17-120, 17- 03/26/2023 Wildfires 174, 17-204, 17- Tropical Storm Emily 146, 17-177, 17- Opioid Epidemic 230, 17-285, 17- Hurricane Irma Hurricane 329, 17-235, 17- Maria 287, 17-330, 17- 259, 17-304 09/27/2018 PDS 18-052 (EO) 18-17, 18-80, 12/02/2024 Hurricane Maria 18-135, 18-214, Opioid Epidemic 18-236, 18-47, 18- Subtropical Storm 110, 18-177, 18- Alberto 235, 18-150, 18- Lake Okeechobee Algae 157, 18-191, 18- Blooms 249 03/08/2019 PDS 2019-011 (EO) 18-275, 18- 03/02/2026 Red Tide 278, 18-282, 18- Hurricane Florence 253, 18-279, 18- Opioid Epidemic 362, 18-281, 18- Hurricane Maria Lake 311 Okeechobee Algae Blooms 10/06/2020 PDS 2020-059 EO 19-189, 19- 01/07/2028 Hurricane Maria 234, 19-281, 20- Hurricane Isaias 43, 20-106, 20- 181 08/09/2021 PDS 2021-038 EO 20-52 -21-94 07/06/2029 COVID-19 08/01/2022 PDS 2022-007 Minor Adjustment 07/06/2029 Minor Adjustment to Resolution 05-149 Approval 08/19/2022 PDS 2022-034 EO 22-27 03/07/2030 Freezing Temperatures File No.: EDO-2411-000051 PDS Order No. 2025-017 Page: 6