HomeMy WebLinkAboutPDS-11-003 - St. Lucie Business Park Storage - SB 1752 1 PDS NO. 11-003
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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
8 APPROVED PRELIMINARY AND FINAL PLANNED NON-
9 RESIDENTIAL DEVELOPMENT FOR THE PROJECT
io KNOWN AS ST LUCIE BUSINESS PARK STORAGE.
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i3 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
i4 the request for development order extension timely submitted and in accordance with the
is provisions of Senate Bill 1752 on behalf of International Airport Business Park of St. Lucie
i6 County, LLC and has made the following determinations:
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la 1. On, September 15, 2009, the St. Lucie County Board of County Commissioners granted
i9 approval, through Resolution No. 09-008, to the petition of St. Lucie Self Storage, LLC,
ao for the Preliminary and Final Planned Non-Residential Development (PNRD) approval
z i for the project known as St. Lucie Business Park Storage, on property located on Lot #1,
aa St. Lucie Business Park Drive, and more particularly described in Part D below.
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a4 2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147,
a5 Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill").
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a ~ 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
as 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.
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3a 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.
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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.
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4i 6. This e~ension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of
4a 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
File No.: BCC 1220104215 PDS Order No. 11-003
January 21, 2011 ~OSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE # 3557961 02/01/2011 at 09:53 AM
OR BOOK 3265 PAGE 2018 - 2020 Doc Type: ORD
RECORDING: $27.00
i not legally granted or in the event that the e~ension is subsequently revoked based on a
a constitutional challenge.
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4 7. This statutory extension is exclusive of and runs concurrently with any request for
s approval extension that may be provided by the St Lucie County Land Development
6 Code. Any Land Development Code extension must be applied for, reviewed and
~ approved in accordance with the provisions of the Land Development Code.
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9 NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
io Services Director for County Commissioners of St. Lucie County, Florida:
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ia A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Preliminary and Final
i3 Planned Non-Residential Development (PNRD) approval for the project known as St.
i4 Lucie Business Park Storage has been found to be eligible for and consistent with the
15 provisions contained in Section 46 of SB 1752 such that the approval granted under GM-
i6 09-024 subsequent to SB 360 is extended for two years and is scheduled to expire on
i~ August 16, 2011 shall now expire on August 16, 2013.
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i9 B. All terms and conditions of Resolution No. 09-008, shall continue to remain in full force
a o and effect unless otherwise amended.
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aa C. In the event that the Bill is unconstitutional, the e~ension granted by this order shall
a3 become null and void.
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as D. The property on which this development order extension is being granted is described as
a 6 follows:
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as LOT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO
a9 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC
3o RECORDS OF ST. LUCIE COUNTY.
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3a SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST,
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34 PARCEL CONTROL NUMBER: 3426-702-0002-000/6
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36 CONTAINING 1.42 ACRES
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3s (Location: The west side of Business Park Drive, 610 feet west of the intersection
39 of US Highway #1 and Business Park Drive)
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4i E. The conditions set forth in Part B are an integral non severable part of the site plan
4a approval granted by Resolution No. 09-008. If any condition set forth in Part B is
43 determined to be invalid or unenforceable for any reason and the developer declines to
44 comply voluntarily with that condition, this development order extension approval
45 granted by this resolution shall become null and void.
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4~ F. This order shall be recorded in the Public Records of St. Lucie County.
File No.: BCC 1220104215 PDS Order No. 11-003
January 21, 2011 Page 2
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a ORDER effective the 21 St day of January, 2011.
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5 PLANNING & DEVELOPMENT SERVICES DIRECTOR
6 ST. LUCIE COUNTY, FLORIDA
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10 BY
11 Mark Satterlee, AICP
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14 APPROVED AS TO FORM
is AND CO ECTNESS:
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2 o County Attor ey
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File No.: BCC 1220104215 PDS Order No. 11-003
January 21, 2011 Page 3