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HomeMy WebLinkAbout25-063 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5503344 07/11/2025 10:38:15 AM OR BOOK 5338 PAGE 2895-2899 Doc Type:ORD RECORDING: $44.00 PDS ORDER 2025-063 File No. EDO-2505000057 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED PNRD KNOWN AS ORANGE 95 COMMERCE CENTER PARCELS D & E, ON APPROXIMATELY 34.01 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 Alejandro Toro on behalf of Joseph G. Miller, and has made the following determinations: 1. On November 14, 2023, the Board of County Commissioners granted approval through Resolution No. 2023-218 for an Official Zoning Atlas Amendment from the CG (Commercial General) and AR-1 (Agricultural, Residential-1) Zoning Districts to the PNRD (Planned Non-Residential District) Zoning District, for certain property in St. Lucie County, Florida. located at the Southwest corner of N. Jenkins Road and Floyd Johnson Road (south of NSLRWCD Canal #44), and east of Lamont Road Right-of-Way. The +/- 34.01 acre project site is located at 255 Jenkins Road, and it does not currently contain any buildings or site improvements. The site is zoned Planned Non-Residential Development (PNRD) 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, including Executive Order 25-125, which extended the state of emergency to August 11, 2025. 3. On October 5, 2024, Governor DeSantis issued Executive Order Number 24-214 declaring a state of emergency for certain counties in the State of Florida, including St. Lucie County, as a result of the threat of Hurricane Milton. This emergency declaration was effective on October 5, 2024, and would have expired 60 days later, on December 4, 2024. Subsequent executive orders have continued to extend executive order 24-214, including Executive Order 25-119, which extended the State of Emergency to July 28, 2025. 4. On May 15, 2025, the applicant, Alejandro Toro, representing the property owner, Joseph G. Miller, filed a request to toll and extend the termination date for the project known as Orange 95 Commerce Center Parcels D & E (Phase 2), pursuant to Executive Orders 25- File No.: EDO-2505-000057 PDS Order 2025-063 Page: 1 125, (Hurricane Ian) and 25-119 (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. 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 May 15, 2025. 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. Further analysis is found in the memorandum titled "Orange 95 Commerce Center Parcel D & E, Executive Order Extension (EDO-2505-000057)"dated June 26, 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 Parcel D & E, has been found to be eligible for a statutory extension. The approval granted under Resolution No. 2023-218 is extended from its last scheduled date of expiration, November 14, 2025, and now shall expire November 14, 2029, 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 Description: PARCEL D: BEING A PARCEL OF LAND LYING IN THE NORTHEAST % 4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE NORTHEAST % 4 CORNER OF SAID SECTION 12; THENCE SOUTH 89° 45' 46" 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 64. 50 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF JENKINS ROAD AS SHOWN ON THE ST. LUCIE File No.: EDO-2505-000057 PDS Order 2025-063 Page: 2 RIGHT- OF- WAY MAP, DRAWING NO. 324, SHEET 3 OF 5, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00° 06' 24" WEST, ALONG SAID WEST LINE, A DISTANCE OF 607. 24 FEET TO THE SOUTH LINE OF THE NORTH % 4 OF THE [ NORTHEAST] % OF SAID SECTION 12; THENCE SOUTH 89° 44' 22" WEST, DEPARTING SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 1, 162. 81 FEET TO THE WEST LINE OF THE EAST 1/ 2 OF THE NORTHEAST % 4 OF SAID SECTION 12; THENCE NORTH 00° 04' 21" EAST, DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE, A DISTANCE OF 607. 53 FEET TO THE SOUTH RIGHT- OF- WAY LINE OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 31; THENCE NORTH 89° 45' 46" EAST, DEPARTING SAID EAST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 1, 163. 17 FEET TO THE POINT OF BEGINNING PARCEL E: THE NORTH 1/ 2 OF THE NORTHWEST 1/ 4 OF THE NORTHEAST 1/ 4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, EXCEPTING THEREFROM RIGHTS OF WAY FOR DRAINAGE CANALS AND ROADS. CONTAINING 34.01 ACRES, MORE OR LESS PARCEL IDENTIFICATION NUMBERS: 2312-111-0001-000-2 & 2312-121-0000-000-6 C. This statutory extension approval Reference Resolution 2023-218 shall expire on November 14, 2029, 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. File No.: EDO-2505-000057 PDS Order 2025-063 Page: 3 This order shall be recorded diin-the Public Records of St. Lucie County. ORDER effective this Z"' day of 1---V — , 2025. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COU Y, FlcORI A BY ff 7 Benc.j�rrr n Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney File No.: EDO-2505-000057 PDS Order 2025-063 Page: 4 Exhibit A: Date Approval Approval Granted Expiration Comments Date 08/09/2022 Ordinance No. Board of County Comprehensive Plan 2022-024 Commissioners Future Land Use Map Amendment 11/14/2023 Resolution No. Board of County 11/14/2025 Amendment of the 2023-218 Commissioners Official Zoning Atlas and PNRD Preliminary Site Plan 06/26/2025 PDS Order No. PDS Director 11/14/2029 Extension of PNRD 2025-063 Preliminary Site Plan (Current Order) File No.: EDO-2505-000057 PDS Order 2025-063 Page: 5