HomeMy WebLinkAboutPDS-11-010 - WCA of St. Lucie Recycling Yard - SB 1752 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3575226 03/25/2011 at 04:52 PM
OR BOOK 3279 PAGE 2181 - 2183 Doc Type: ORD
RECORDING: $27.00
1 PDS NO. 11-010
z (File No. BCC 1220104211)
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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 CONDITIONAL USE PERMIT FOR THE
9 PROJECT KNOWN AS WCA OF ST. LUCIE RECYCLING
Zo YARD.
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13 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
14 the request for development order extension timely submitted and in accordance with the
15 provisions of Senate Bill 1752 on behalf of WCA of St. Lucie, LLC and has made the following
16 determinations:
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Zs 1. On, June 16, 2009, the St. Lucie County Board of County Commissioners granted
Za approval, through Resolution No. 09-068, to the petition of WCA of St. Lucie, LLC, for a
2 o major adjustment to an approved conditional use permit for the project known as WCA of
21 St. Lucie Recycling Yard, on property located at 9901 Range Line Road, and more
22 particularly described in Part D below.
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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").
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2~ 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
z g government issued development order or permit that has an expiration date of
z 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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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
3 5 on the authorization.
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3~ 5. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
3 s 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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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
File No.: BCC 1 2201 0421 1 PDS Order No. 11-010
March 8, 2011 Page 1
1 not legally granted or in the event that the extension is subsequently revoked based on a
2 constitutional challenge.
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4 7. This statutory extension is exclusive of and runs concurrently with any request for
5 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
1o Services Director for County Commissioners of St. Lucie County, Florida:
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12 A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Major Adjustment to
13 the approved Conditional Use Permit for the project known as WCA of the St. Lucie
14 Recycling Yard has been found to be eligible for and consistent with the provisions
15 contained in Section 46 of SB 1752 such that the approval granted under Resolution No.
16 09-068 is extended for two years and that expired on August 7, 2010 shall now expire on
1~ August 7, 2012.
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19 B. All terms and conditions of Resolution No. 09-068, shall continue to remain in full force
z o and effect unless otherwise amended.
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22 C. In the event that the Bill is determined to be unconstitutional, the e~ension granted by
23 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 f0110WS:
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2s FROM THE NORTHEAST CORNER OF SECTION 1 RUN SOUTH 00°00'54" WEST
29 ALONG THE EAST LINE OF SAID SECTION 1 A DISTANCE OF 3260.81 FEET TO
3o THE POINT OF BEGINNING; THENCE SOUTH 00°00'S4" WEST ALONG THE EAST
31 LINE OF SAID SECTION 1 A DISTANCE OF 330.00 FEET; THENCE NORTH 89°59'06"
32 WEST A DISTANCE OF 660.00 FEET; THENCE NORTH 00°00'54" EAST A DISTANCE
33 OF 330.00 FEET; THENCE SOUTH 89°59'06" EAST A DISTANCE OF 660.00 FEET TO
34 THE POINT OF BEGINNING LYING IN SECTION 1, TOWNSHIP 37 SOUTH, RANGE
35 38 EAST, IN ST. LUCIE COUNTY, FLORIDA.
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3~ PARCEL CONTAINS 5.0 ACRES MORE OR LESS.
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39 Location: 9901 Range Line Road, approximately 0.7 miles south of Glades Cut-Off
4o Road.
41 Parcel ID Number: 4201-134-0003-0105
42 E. The conditions set forth in Part B are an integral non severable part of the site plan
43 approval granted by Resolution No. 09-068. If any condition set forth in Part B is
44 determined to be invalid or unenforceable for any reason and the developer declines to
45 comply voluntarily with that condition, this development order extension approval
46 granted by this resolution shall become null and void.
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2 F. This order shall be recorded in the Public Records of St. Lucie County.
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4 ORDER effective the 8th day of March, 2011.
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~ PLANNING & DEVELOPMENT SERVICES DIRECTOR
s ST. LUCIE COUNTY, FLORIDA
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12 BY
13 Mark Satt ee, A CP
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16 APPROVED AS TO FORM
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