HomeMy WebLinkAboutGM-09-033 - Kelly Tractor, Lot 6 - SB 360 Extension ~ JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3426970 12!31/2009 at 01:14 PM
OR BOOK 3159 PAGE 269 - 271 Doc Type: ORD
` RECORDING: $27.00
1 GM-09-033
2 (File No. MJSP05-006)
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5 AN ORDER GRANTING A TWO-YEAR STATUTORY
6 .EXTENSION PROVIDED BY THE COMMUNITY RENEWAL
~ ACT TO THE SCHEDULED EXPIRATION DATE TO THE
8 PREVIOUSLY APPROVED MAJOR SITE PLAN FOR THE
9 PROJECT TO BE KNOWN AS KELLY TRACTOR, LOT 6.
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11 WHEREAS, the St. Lucie County Growth Management Director has reviewed the request for
12 Development Order extension timely submitted and in accordance with the provisions of The
13 Community Renewal Act on behalf of Kelly Tractor Co and has made the following
14 determinations:
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i6 1. On, November 25, 2008, the St. Lucie County Board of County Commissioners granted
1 ~ approval, through Resolution No. 08-299, to the petition of Kelly Tractor Co for the Major
18 Site Plan approval for the project to be known as Kelly Tractor, Lot 6, on property
19 located at the northwest corner of the intersection of North Kings Highway (SR713) and
20 Interstate 95, and more particularly described in Part D below.
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22 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-96,
23 Laws of Florida, more commonly known as the "Community Renewal Act" (the "ACT").
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25 3. The Act provides that in recognition of the 2009 real estate market conditions, any local
26 government issued development order or permit that has an expiration date of
27 September 1, 2008 through January 1, 2012, may be eligible to be extended and
28 renewed for a period of two (2) years following its date of expiration.
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30 4. The Act further provides that the request for statutory extension must be timely made in
31 writing by December 31, 2009; identify the specific authorization for which the extension
32 is requested, the intended use of the extension and the anticipated time frame for acting
33 on the authorization.
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35 5. Further, pursuant to the Act, the request for statutory extension must be reviewed by
36 Growth Management staff and found not to be in significant noncompliance with the
37 original St. Lucie County development order granting approval.
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39 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County Board of
4 o County Commissioners' good faith interpretation of the Act. By accepting this extension,
41 the applicant acknowledges that there are portions of the Act that are ambiguous, and
42 that there are contrary interpretations of the Act. The applicant also acknowledges that
43 the constitutionality of the Act has been challenged. Accordingly, by accepting this
44 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
File No.: MJSP 05-006 GM Order 09-033
December 21, 2009 Page 1
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1 competent jurisdiction determines that the extension granted by St. Lucie County were
2 not legally granted, or in the event that the extension is subsequently revoked based on
3 the constitutional challenge to the Act.
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5 7. This statutory extension is exclusive of and runs concurrently with any request for
6 approval extension that may be provided by the St Lucie County Land Development
7 Code. Any Land Development Code extension must be applied for, reviewed and
8 approved in accordance with the provisions of the Land Development Code.
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to NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management Director
11 for County Commissioners of St. Lucie County, Florida:
12
13 A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the Major Site Plan
14 approval for the project to be known as Kelly Tractor, Lot 6 has been found to be eligible
15 for and consistent with the provisions contained in Section 14 of SB 360 such that the
16 approval granted under that Resolution is extended for two years from its date of
17 scheduled expiration, November 25, 2010 and shall now expire November 25, 2012.
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19 B. All terms and conditions of Resolution No. 08-299, shall continue to remain in full force
20 and effect unless otherwise amended.
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22 C. In the event that a court determines that the Act is unconstitutional, the extension
23 granted by this order shall become null and void.
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25 D. The property on which this development order extension is being granted is described as
2 6 foIIOWS:
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28 Kings Crossing Park of Commerce (PB 60-29) Lot 6 (10.01)
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30 (LOCATION: Northwest corner of the intersection of North Kings Highway (SR713) and
31 Interstate 95)
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33 Property Tax I.D. # 2302-800-0012-000/6
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35 E. The conditions set forth in Part B are an integral non severable part of the site plan
36 approval granted by Resolution No. 08-299. If any condition set forth in Part B is
37 determined to be invalid or unenforceable for any reason and the developer declines to
38 comply voluntarily with that condition, this development order extension approval
39 granted by this resolution shall become null and void.
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41 F. The St. Lucie County Growth Management Director is hereby authorized and directed to
42 cause notation of this Order to be made on the Official Zoning Map of St. Lucie County
43 Florida and to make notation of reference to the date of adoption of this Resolution.
44
45 G. This order shall be recorded in the Public Records of St. Lucie County.
File No.: MJSP 05-006 GM Order 09-033
December 21, 2009 Page 2
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2 ORDER effective the 21St day of December, 2009.
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4 GROWTH MANAGEMENT DIRECTOR
5 ST. LUCIE COUNTY, FLORIDA
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9 gY
to Mark Satt ee, AICP
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13 APPROVED AS TO FORM
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4 3 G:\Planning\PROJECT FILES\Kelly Tractor Lot 6 MJSP 05-006\SB-360 Extension\GMOrder 09-033.SB360.docx
File No.: MJSP 05-006 GM Order 09-033
December 21, 2009 Page 3