HomeMy WebLinkAboutGM-09-032 - International Airport Business Park - SB 360 Extension a.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3426969 12/31/2009 at 01:14 PM
OR BOOK 3159 PAGE 266 - 268 Doc Type: ORD
RECORDING: $27.00
1 GM-09-032
2 (File No. BCC 620081496)
3
4
5 AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY THE COMMUNITY RENEWAL
~ ACT TO THE SCHEDULED EXPIRATION DATE TO THE
e PREVIOUSLY APPROVED MAJOR SITE PLAN FOR THE
9 PROJECT TO BE KNOWN AS INTERNATIONAL AIRPORT
to BUSINESS PARK.
12 WHEREAS, the St. Lucie County Growth Management Director has reviewed the request for
13 Development Order extension timely submitted and in accordance with the provisions of The
14 Community Renewal Act on behalf of International Airport Business Park of St. Lucie County,
15 LLC and has made the following determinations:
16
l~ 1. On, January 6, 2009, the St. Lucie County Board of County Commissioners granted
i8 approval, through Resolution No. 09-003, to the petition of International Airport Business
19 Park of St. Lucie County, LLC for the Major Site Plan approval for the project to be
20 known as International Airport Business Park, on property located at the southwest
21 corner of the intersection of St. Lucie Boulevard and Cayuga Avenue, and more
22 particularly described in Part D below.
23
24 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-96,
25 Laws of Florida, more commonly known as the "Community Renewal Act" (the "ACT").
26
27 3. The Act provides that in recognition of the 2009 real estate market conditions, any local
28 government issued development order or permit that has an expiration date of
29 September 1, 2008 through January 1, 2012, may be eligible to be extended and
3o renewed for a period of two (2) years following its date of expiration.
31
32 4. The Act further provides that the request for statutory extension must be timely made in
33 writing by December 31, 2009; identify the specific authorization for which the extension
34 is requested, the intended use of the extension and the anticipated time frame for acting
35 on the authorization.
36
37 5. Further, pursuant to the Act, the request for statutory extension must be reviewed by
38 Growth Management staff and found not to be in significant noncompliance with the
39 original St. Lucie County development order granting approval.
40
41 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County Board of
42 County Commissioners' good faith interpretation of the Act. By accepting this extension,
43 the applicant acknowledges that there are portions of the Act that are ambiguous, and
File No.: BCC 620081496 GM Order 09-032
December 21, 2009 Page 1
1 that there are contrary interpretations of the Act. The applicant also acknowledges that
2 the constitutionality of the Act has been challenged. Accordingly, by accepting this
3 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
4 competent jurisdiction determines that the extension granted by St. Lucie County were
5 not legally granted, or in the event that the extension is subsequently revoked based on
6 the constitutional challenge to the Act.
7
8 7. This statutory extension is exclusive of and runs concurrently with any request for
a approval extension that may be provided by the St Lucie County Land Development
1o Code. Any Land Development Code extension must be applied for, reviewed and
11 approved in accordance with the provisions of the Land Development Code.
12
13 NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management Director
14 for County Commissioners of St. Lucie County, Florida:
15
16 A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the Major Site Plan
17 approval for the project to be known as International Airport Business Park has been
18 found to be eligible for and consistent with the provisions contained in Section 14 of SB
19 360 such that the approval granted under that Resolution is extended for two years from
20 its date of scheduled expiration, August 16, 2009 and shall now expire August 16, 2011.
21
22 B. All terms and conditions of Resolution No. 09-003, shall continue to remain in full force
23 and effect unless otherwise amended.
24
25 C. In the event that a court determines that the Act is unconstitutional, the extension
26 granted by this order shall become null and void.
27
28 D. The property on which this development order extension is being granted is described as
2 9 f0110WS:
30
31 LOTS 1 THROUGH 18, BLOCK 37, OF SAN LUCIE PLAZA UNIT ONE ACCORDING
32 TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC
33 RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH 'h OF VACATED
34 HAWTHORNE ROAD RIGHT-OF-WAY ADJACENT ON THE SOUTH OF LOT 18 -
35 LESS THE NORTH 30 FEET OF LOT 1 AND LESS THE EAST 3 FEET OF LOTS 1
36 THROUGH 18 FOR ROAD RIGHT-OF-WAY AND THE EAST 3 FEET OF THE
37 VACATED RIGHT-OF-WAY FOR HAWTHORNE AVENUE.
38
39 TOGETHER WITH:
40
41 LOT 1, BLOCK 15A, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT
42 THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF
43 ST. LUCIE COUNTY, FLORIDA AND THE SOUTH 'h OF VACATED HAWTHORNE
44 ROAD RIGHT-OF-WAY ADJACENT ON THE NORTH OF LOT 1 -LESS THE EAST 3
45 FEET OF LOT 1 AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY FOR
File No.: BCC 620081496 GM Order 09-032
December 21, 2009 Page 2
1 HAWTHORNE AVENUE.
2
3 LOCATION: Southwest corner of the intersection of St. Lucie Boulevard and Cayuga
4 Avenue
5
5 Property Tax I.D. # 1428-702-0232-000/7 and 1428-702-0634-000/5
8 E. The conditions set forth in Part B are an integral non severable part of the site plan
9 approval granted by Resolution No. 09-003. If any condition set forth in Part B is
l o determined to be invalid or unenforceable for any reason and the developer declines to
11 comply voluntarily with that condition, this development order extension approval
12 granted by this resolution shall become null and void.
13
14 F. The St. Lucie County Growth Management Director is hereby authorized and directed to
15 cause notation of this Order to be made on the Official Zoning Map of St. Lucie County
16 Florida and to make notation of reference to the date of adoption of this Resolution.
17
18 G. This order shall be recorded in the Public Records of St. Lucie County.
19
2 o ORDER effective the 21 st day of December, 2009.
21
22 GROWTH MANAGEMENT DIRECTOR
23 ST. LUCIE COUNTY, FLORIDA
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26
2 ~ BY
28 Mark Satt ee, AICP
29
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31 APPROVED AS TO FORM
32 AND CORRECTNESS:
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35 r.~
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37 County At r y
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4 5 G G:\Planning\PROJECT FILES\International Airport Business Park\2008-2009 2nd 12 Mth SP Ext BCC 620081496\SB
4 6 360\GMOrder 09-032.SB360.docx
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