HomeMy WebLinkAboutPDS-10-020 - International Airport Business Park - SB 1752 Extension ~ PDS NO. 10-020
2 (File No. BCC 920104144)
3
4
5 AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY SENATE BILL 1752 TO THE
~ SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY
s APPROVED MAJOR SITE PLAN FOR THE PROJECT
9 KNOWN AS INTERNATIONAL AIRPORT BUSINESS PARK.
10
11
12 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
13 the request for development order extension timely submitted and in accordance with the
14 provisions of Senate Bill 1752 on behalf of International Airport Business Park of St. Lucie
15 County, LLC and has made the following determinations:
16
1~ 1. On, January 6, 2009, the St. Lucie County Board of County Commissioners granted
Zs 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 known as
2o International Airport Business Park, on property located on the southwest corner of the
21 intersection of St. Lucie Boulevard and Cayuga Avenue, and more particularly described
22 in Part D below.
23
24 2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147,
25 Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill").
26
2~ 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
2 a government issued development order or permit that has an expiration date of
a 9 September 1, 2008 through January 1, 2012, may be eligible to be extended and
3 o renewed for a period of two (2) years following its date of expiration.
31
32 4. The Bill further provides that the request for statutory extension must be timely made in
33 writing by December 31, 2010; 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
3~ 5. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
38 Planning and Development Services staff and found not to be in significant
39 noncompliance with the original St. Lucie County development order granting approval.
40
41 6. This extension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of
4z County Commissioners' good faith interpretation of SB 1752. By accepting this
43 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
44 competent jurisdiction determines that the extension granted by St. Lucie County were
45 not legally granted or in the event that the extension is subsequently revoked based on a
File No.: BCC 920104144 PDS Order No. 10-020
November 30, 2010 Page 1
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COUR
SAINT LUCIE COUNTY
FILE # 3540479 12/07/2010 at 08:36 AM e ORD
OR BOOK 3251 PAGE 1533 - 1535 Doc Typ :
RECORDING: $27.00
1 constitutional challenge.
2
3 7. This statutory extension is exclusive of and runs concurrently with any request for
4 approval extension that may be provided by the St Lucie County Land Development
5 Code. Any Land Development Code extension must be applied for, reviewed and
6 approved in accordance with the provisions of the Land Development Code.
~
s NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
9 Services Director for County Commissioners of St. Lucie County, Florida:
10
11 A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Major Site Plan
12 approval for the project known as International Airport Business Park has been found to
13 be eligible for and consistent with the provisions contained in Section 46 of SB 1752
14 such that the approval granted under GM-09-032 subsequent to SB 360 is extended for
15 two years and is scheduled to expire on August 16, 2011 shall now expire on August 16,
16 2013.
17
18 B. All terms and conditions of Resolution No. 09-003, shall continue to remain in full force
19 and effect unless otherwise amended.
20
21 C. In the event that court determines that the Bill is unconstitutional, the extension granted
22 by this order shall become null and void.
23
24 D. The property on which this development order extension is being granted is described as
2 5 follows:
26
27 LOTS 1 THROUGH 18, BLOCK 37, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO
28 THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC
29 RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH '/s OF VACATED
30 HAWTHORNE ROAD RIGHT-OF-WAY ADJACENT ON THE SOUTH OF LOT 18 - LESS
31 THE NORTH 30 FEET OF LOT 1 AND LESS THE EAST 3 FEET OF LOTS 1 THROUGH 18
32 FOR ROAD RIGHT-OF-WAY AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY
33 FOR HAWTHORNE AVENUE.
34
35 TOGETHER WITH:
36
37 LOT 1, BLOCK 15A, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT
3 s THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST.
39 LUCIE COUNTY, FLORIDA AND THE SOUTH '/s OF VACATED HAWTHORNE ROAD
40 RIGHT-OF-WAY ADJACENT ON THE NORTH OF LOT 1- LESS THE EAST 3 FEET OF LOT
41 1 AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY FOR HAWTHORNE
42 AVENUE.
43
44 (TAX ID#'S: 1428-702-0634-000/5 AND 1428-702-0232-000/7)
45
46 (Location: Southwest corner ot the intersection of St. Lucie Boulevard and Cayuga
47 Avenue)
48
49 E. The conditions set forth in Part B are an integral non severable part of the site plan
File No.: BCC 920104144 PDS Order No. 10-020
November 30, 2010 Page 2
1 approval granted by Resolution No. 09-003. If any condition set forth in Part B is
2 determined to be invalid or unenforceable for any reason and the developer declines to
3 comply voluntarily with that condition, this development order extension approval
4 granted by this resolution shall become null and void.
5
6 F. This order shall be recorded in the Public Records of St. Lucie County.
~
s ORDER effective the 30th day of November, 2010.
9
10
11 PLANNING & DEVELOPMENT SERVICES DIRECTOR
12 ST. LUCIE COUNTY, FLORIDA
13
14
15
16 BY
1~ Mark Sa rlee, AICP
ss
19
2o APPROVED AS TO FORM
21 AND COR ECTNESS:
22 ~
23 i 1 .
2 4 ,
25
26 County Att n y
27
28 ~
29
30
31
32
33
34
35
36
3 7 Lap
38 G:\Planning\PROJECT FILES\International Airport Business Park BCC 920 1 041 44
File No.: BCC 920104144 PDS Order No. 10-020
November 30, 2010 Page 3