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HomeMy WebLinkAbout25-098 PDS ORDER 2025-098 File No. EDO-2509-000065 D e•z 3 8 Pig AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY -N m SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE FOR THE APPROVED MINOR SITE PLAN KNOWN o m AS 7-11 AT KINGS HIGHWAY AND ANGLE ROAD, LOCATED AT THE SOUTHWEST CORNER OF KINGS HIGHWAY AND ANGLE ROAD IN o ST. LUCIE COUNTY, FL. CJ o WHEREAS the St. Lucie County Planning and Development Services Director has reviewed the request for a development order extension timely submitted by Patricia Sesta of Haley Ward Inc. on behalf of the property owner, and has made the following determinations: 1. On November 15, 2022, the Board of County Commissioners approved Resolution No. 2022-214, which rezoned +/- 2.96 acres of a +/- 39.48 acre parcel from the AG-1 (Agricultural- 1) zoning district to the CG(Commercial General)zoning district. 2. On May 25, 2023, the Planning and Development Services Director granted approval through PDS Order No. 2023-022 for a Minor Site Plan on the +/- 2.96 acre project site located at the southwest corner of Kings Highway and Angle Road. 3. 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 amended by Executive Order 22-219 on September 24, 2022, expanding the state of emergency to cover the entire State of Florida, and the state of emergency arising from Hurricane Ian has since been continually extended pursuant to Executive Orders 22-268,23-21,23-60,23-104,23-139,23-176,23-214,24-02,24-36,24- 80, 24-137, 24-174, 24-235, 24-287, 25- 42, 25-81, and 25-125, and remains an active pending state of emergency through Executive Order 25-125, which extended the State of Emergency (SOE) to August 11, 2025. The deadline to file an extension notification is November 09, 2025. 4. 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 25-150, which extended the State of Emergency to September 26, 2025. The deadline to file an extension notification is December 25, 2025. 5. On September 4,2025,the applicant,Patricia Sesta,representing the property owner, filed a request to toll and extend the termination date for the project known as 7-11 Kings Hwy File No.: EDO-2509-000065 PDS Order 2025-098 Page: 1 and Angle Rd., pursuant to Executive Orders 25-125 (Hurricane Ian) and 25-150 (Hurricane Milton). 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 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. 7. 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 July 21, 2025, which is within the time frame established by the Statute. 8. 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 7-11 Kings Highway & Angle Road Minor Site Plan - Executive Order Extension (EDO-2509-000065), dated October 8,2025. 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 7-11 Kings Highway / Angle Road, has been found to be eligible for a statutory extension. The approval granted under PDS Order No. 2023-022 is extended from its last scheduled date of expiration, May 5, 2025, and now shall expire May 25,2029, 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 A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2; THENCE S00°32155"E, ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 313.06 FEET; THENCE N89°26'56"W, LEAVING SAID SECTION LINE, A DISTANCE OF 50.01 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF KINGS HIGHWAY(S.R.713)(VARYING WIDTH RIGHT-OF-WAY)AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 94003-2512, SAID POINT BEING THE POINT OF BEGINNING; File No.: EDO-2509-000065 PDS Order 2025-098 Page: 2 THENCE CONTINUE N89°26'56"W, LEAVING SAID RIGHT-OF-WAY LINE, A DISTANCE OF 411.96 FEET; THENCE SOO°42'22"E, A DISTANCE OF 313.03 FEET; THENCE S89°26'56"E, A DISTANCE OF 411.10 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE OF KINGS HIGHWAY (S.R. 713) (VARYING WIDTH RIGHT-OF-WAY); THENCE NOO°32'55"W, ALONG SAID WEST RIGHT-OF-WAY LINE,A DISTANCE OF 313.01 FEET TO THE POINT OF BEGINNING. CONTAINING 2.95 ACRES, MORE OR LESS Parcel Identification Number: 2302-111-0004-000-2 C. This statutory extension approval in reference to PDS Order No.2023-022,and shall expire on May 25,2029,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 as outlined in PDS Order 2023-022 are an integral non-severable part of the site plan approval as granted by this administrative extension. If any condition 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. ORDER effective this eik day of a-4 , 2025. PLANNING& DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY &*- nj • alcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY �✓ Interim County Attorney File No.: EDO-2509-000065 PDS Order 2025-098 Page