HomeMy WebLinkAboutGM-09-024 - St. Lucie Business Park Storage - SB 360 Extension JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3420216 12/10/2009 at 01:09 pM
OR BOOK 3152 PAGE 1846 - 1848 Doc Type: ORD
RECORDING: $27.00
1 GM-09-024
2 (File No. PNRD 06-008)
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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 PRELIMINARY AND FINAL
9 PLANNED NON-RESIDENTIAL DEVELOPMENT (PNRD)
to PLAN FOR THE PROJECT TO BE KNOWN AS ST. LUCIE
11 BUSINESS PARK STORAGE.
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13 WHEREAS, the St. Lucie County Growth Management Director has reviewed the request for
14 Development Order extension timely submitted and in accordance with the provisions of The
15 Community Renewal Act on behalf of St. Lucie Self Storage, LLC, and has made the following
16 determinations:
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18 1. On, September 15, 2009, the St. Lucie County Board of County Commissioners granted
19 approval, through Resolution No. 09-008, to the petition of St. Lucie Self Storage, LLC,
20 for the Preliminary and Final Planned Non-Residential Development (PNRD) approval
21 for the project to be known as St. Lucie Business Park Storage, on property located on
22 Lot #1, St. Lucie Business Park on Business Park Drive, 610 feet west of the intersection
23 of US Highway #1 and Business Park Drive and more particularly described in Part D
2 4 below.
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26 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-96,
27 Laws of Florida, more commonly known as the "Community Renewal Act" (the "ACT").
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29 3. The Act provides that in recognition of the 2009 real estate market conditions, any local
3o government issued development order or permit that has an expiration date of
31 September 1, 2008 through January 1, 2012, may be eligible to be extended and
32 renewed for a period of two (2) years following its date of expiration.
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34 4. The Act further provides that the request for statutory extension must be timely made in
35 writing by December 31, 2009; identify the specific authorization for which the extension
36 is requested, the intended use of the extension and the anticipated time frame for acting
37 on the authorization.
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39 5. Further, pursuant to the Act, the request for statutory extension must be reviewed by
4 o Growth Management staff and found not to be in significant noncompliance with the
41 original St. Lucie County development order granting approval.
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43 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County Board of
File No.: PNRD 06-008 GM Order 09-024
December 2, 2009 Page 1
1 County Commissioners' good faith interpretation of the Act. By accepting this extension,
2 the applicant acknowledges that there are portions of the Act that are ambiguous, and
3 that there are contrary interpretations of the Act. The applicant also acknowledges that
4 the constitutionality of the Act has been challenged. Accordingly, by accepting this
5 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
6 competent jurisdiction determines that the extension granted by St. Lucie County were
7 not legally granted, or in the event that the extension is subsequently revoked based on
a the constitutional challenge to the Act.
9
l0 7. This statutory extension is exclusive of and runs concurrently with any request for
11 approval extension that may be provided by the St Lucie County Land Development
12 Code. Any Land Development Code extension must be applied for, reviewed and
13 approved in accordance with the provisions of the Land Development Code.
14
15 NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management Director
i6 for County Commissioners of St. Lucie County, Florida:
17
is A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the Preliminary and
19 Final Planned Non-Residential Development (PNRD) approval for the project to be
20 known as St. Lucie Business Park Storage has been found to be eligible for and
21 consistent with the provisions contained in Section 14 of SB 360 such that the approval
22 granted under that Resolution is extended for two years and shall now expire September
23 15, 2013.
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25 B. All terms and conditions of Resolution No. 09-008, shall continue to remain in full force
26 and effect unless otherwise amended.
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28 C. In the event that a court determines that the Act is unconstitutional, the extension
29 granted by this order shall become null and void.
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31 D. The property on which this development order extension is being granted is described as
32 foIIOWS:
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34 LOT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO
35 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC
36 RECORDS OF ST. LUCIE COUNTY.
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3s SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST,
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4o PARCEL CONTROL NUMBER: 3426-702-0002-000/6
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42 CONTAINING 1.42 ACRES
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44 (Location: The west side of Business Park Drive, 610 feet west of the
45 intersection of US Highway #1 and Business Park Drive)
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I~ December 2, 2009 Page 2
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2 E. The conditions set forth in Part B are an integral non severable part of the site plan
3 approval granted by Resolution No. 09-008. If any condition set forth in Part B is
4 determined to be invalid or unenforceable for any reason and the developer declines to
5 comply voluntarily with that condition, this development order extension approval
6 granted by this resolution shall become null and void.
7
8 F. The St. Lucie County Growth Management Director is hereby authorized and directed to
9 cause notation of this Order to be made on the Official Zoning Map of St. Lucie County
1 o Florida and to make notation of reference to the date of adoption of this Resolution.
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12 G. This order shall be recorded in the Public Records of St. Lucie County.
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14
15 ORDER effective the 2~d day of December, 2009.
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18 GROWTH MANAGEMENT DIRECTOR
19 ST. LUCIE COUNTY, FLORIDA
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2 3 BY
24 Mark Sat erlee, AICP
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27 APPROVED AS TO FORM
28 AND ORRECTNESS:
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33 County or ey
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45 G:\Planning\PROJECT FILES\St. Lucie Business Park Storage PNRD 06-008\SB 360 Extension\GMOrder 09-024
4 6 SB360.docx
File No.: PNRD 06-008 GM Order 09-024
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