HomeMy WebLinkAboutPDS-10-040 - Kelly Tractor Lot 6 - SB 1752 Extension JOSEPH E. SiVI1TH, GLERK O~ TH~ GIRGUIT GdtJRT
SAiNT LUGIE GOUNTY
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~ PDS NO. 10-040
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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 KELLY TRACTOR, LOT 6.
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ia WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
i3 the request for development order extension timely submitted and in accordance with the
i4 provisions of Senate Bill 1752 on behalf of Kelly Tractor Co and has made the following
is determinations:
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i~ 1. On, November 25, 2008, the St. Lucie County Board of County Commissioners granted
ls approval, through Resolution No. 08-299, to the petition of Kelly Tractor Co for the Major
i9 Site Plan approval for the project known as Kelly Tractor, Lot 6, on property located on
ao the northwest corner of the intersection of Kings Highway (SR 713) and Interstate 95,
ai and more particularly described in Part D below.
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a3 2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147,
a4 Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill").
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a6 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
a~ government issued development order or permit that has an expiration date of
a a September 1, 2008 through January 1, 2012, may be eligible to be extended and
a 9 renewed for a period of two (2) years following its date of expiration.
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3i 4. The Bill further provides that the request for statutory extension must be timely made in
3a writing by December 31, 2010; identify the specific authorization for which the extension
33 is requested, the intended use of the extension and the anticipated time frame for acting
34 on the authorization.
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36 5. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
3~ Planning and Development Services staff and found not to be in significant
3s noncompliance with the original St. Lucie County development order granting approval.
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4 0 6. This extension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of
4i County Commissioners' good faith interpretation of SB 1752. By accepting this
4a extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
43 competent jurisdiction determines that the extension granted by St. Lucie County were
44 not legally granted or in the event that the extension is subsequently revoked based on a
45 constitutional challenge.
File No.: BCC 1220104212 PDS Order No. 10-040
December 28, 2010 Page 1
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a 7. This statutory extension is exclusive of and runs concurrently with any request for
3 approval extension that may be provided by the St Lucie County Land Development
4 Code. Any Land Development Code extension must be applied for, reviewed and
5 approved in accordance with the provisions of the Land Development Code.
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~ NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
a Services Director for County Commissioners of St. Lucie County, Florida:
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io A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Major Site Plan
ii approval for the project known as Kelly Tractor, Lot 6 has been found to be eligible for
la and consistent with the provisions contained in Section 46 of SB 1752 such that the
13 approval granted under GM-09-033 subsequent to SB 360 is extended for two years and
i4 is scheduled to expire on November 25, 2012 shall now expire on November 25, 2014.
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i6 B. All terms and conditions of Resolution No. 08-299, shall continue to remain in full force
i~ and effect unless otherwise amended.
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19 C. In the event that the Bill is determined to be unconstitutional, the extension granted by
ao this order shall become null and void.
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zz D. The property on which this development order extension is being granted is described as
a 3 follows:
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as Kings Crossing park of Commerce (PB 60-29) Lot 6(10.01AC)
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a~ (Property Tax ID#:2302-800-0012-000/6)
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a9 E. The conditions set forth in Part B are an integral non severable part of the site plan
3 o approval granted by Resolution No. 08-299. If any condition set forth in Part B is
3i determined to be invalid or unenforceable for any reason and the developer declines to
3a comply voluntarily with that condition, this development order extension approval
33 granted by this resolution shall become null and void.
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35 F. This order shall be recorded in the Public Records of St. Lucie County.
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File No.: BCC 1220104212 PDS Order No. 10-040
December 28, 2010 Page 2
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a ORDER effective the 28th day of December, 2010.
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s PLANNING & DEVELOPMENT SERVICES DIRECTOR
6 ST. LUCIE COUNTY, FLORIDA
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10 BY
11 Mark Satter e, AICP
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i4 APPROVED AS TO FORM
is AND CORRECTNESS:
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a o ~ County Attorney
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File No.: BCC 1220104212 PDS Order No. 10-040
December 28, 2010 Page 3