HomeMy WebLinkAboutPDS-11-023 - Oceanic Transportation - Chapter 2011-139 Extension JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
' SAINT LUCIE COUNTY
FILE # 3644637 11/08/2011 at 11:43 AM
OR BOOK 3337 PAGE 1441 - 1444 Doc Type: ORD
RECORDING: $35.50
1 PDS NO. 11-023
2 (File No. BCC 920114334)
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s AN ORDER GRANTING AN ADDITIONAL TWO-YEAR
6 STATUTORY EXTENSION PROVIDED BY CHAPTER 2011-
7 139, LAWS OF FLORIDA TO THE SCHEDULED
a EXPIRATION DATE TO THE PREVIOUSLY APPROVED
9 MINOR SITE PLAN FOR THE PROJECT KNOWN AS
1o OCEANIC TRANSPORTATION.
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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 Chapter 2011-139, Laws of Florida on behalf of MCV Properties, Inc., and has
16 made the following determinations:
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18 1. On, December 1, 2009, the St. Lucie County Planning and Development Services
19 Director granted approval through GM-09-014 to the petition of Oceanic Transportation,
20 Inc. submitted by Frank Vega for the Minor Site Plan approval for the project known as
z1 Oceanic Transportation, Inc.., on property located on the east side of Boyd Road and
22 more particularly described in Part D below.
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24 2. On, July 1, 2011, Florida Governor Rick Scott, signed into law, Chapter 2011-139, Laws
25 of Florida, more commonly known as the "Community Planning Act" Bill (the "Bill").
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27 3. The Bill provides that any local government issued development order or permit that was
2 a extended under Section 14 of Chapter 2009-96, Laws of Florida, as reauthorized by
29 Section 46 of Chapter 2010-147, Laws of Florida, may be eligible to be extended and
3 o renewed for an additional period of two years after its previously scheduled expiration
31 date and shall not be extended beyond a total of four years.
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33 4. The Bill provides that in recognition of the 2011 real estate market conditions, any local
34 government issued development order or permit that has an expiration date of January
35 1, 2012 through January 1, 2014, may be eligible to be extended and renewed for a
36 period of two (2) years following its date of expiration.
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38 5. The Bill further provides that the request for statutory extension must be timely made in
39 writing by December 31, 2011; identify the specific authorization for which the extension
4o is requested, the intended use of the extension and the anticipated time frame for acting
41 on the authorization.
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43 6. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
44 Planning and Development Services staff and found not to be in significant
45 noncompliance with the original St. Lucie County development order granting approval.
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2 7. The applicant applied for an extension on September 23, 2011.
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4 8. This extension is granted pursuant to Chapter 2011-139, and St. Lucie County Board of
5 County Commissioners' good faith interpretation of the Bill. By accepting this extension,
6 the applicant agrees to hold St. Lucie County harmless in the event a court of competent
7 jurisdiction determines that the extension granted by St. Lucie County were not legally
a granted or in the event that the extension is subsequently revoked based on a
9 constitutional challenge.
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11 9. This statutory extension is exclusive of and runs concurrently with any request for
1z approval extension that may be provided by the St Lucie County Land Development
13 Code. Any Land Development Code extension must be applied for, reviewed and
14 approved in accordance with the provisions of the Land Development Code.
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16 NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
17 Services Director:
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19 A. Pursuant to the provisions of the Bill, the Minor Site Plan approval for the project to be
20 known as Oceanic Transportation, Inc. has been found to be eligible for an additional
21 extension consistent with the provisions contained in Section 79 of the Bill such that the
22 approval granted under GM Order No. 09-014 is extended for two years and is now
23 scheduled to expire December 1, 2013.
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25 B. All terms and conditions of GM Order No. 09-014, 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 Bill 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
3 2 follows:
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34 LEGAL DESCRIPTION:
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36 A PARCEL OF LAND LYING IN THE SOUTHWEST ~/a OF THE NORTHEAST
37 ~/a OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE
38 COUNTY, FLORIDA, LYING NORTH OF ORANGE AVENUE EXTENSION
39 (STATE ROAD 68) AND EAST OF THE N.S.L.R.W.C. DISTRICT CANAL NO.
40 57, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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42 COMMENCE AT THE NORTHEAST CORNER OF LOT 1, BLOCK "C"
43 CARBOY INDUSTRIAL PARK -UNIT ONE, ACCORDING TO THE PLAT
44 THEROF AS RECORDED IN PLAT BOOK 28, PAGE 13, OF THE PUBLIC
45 RECORDS, OF ST. LUCIE COUNTY, FLORIDA AND A POINT LYING 350.01
46 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST ~/a OF THE
47 NORTHEAST ~/a OF SASID SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38
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1 EAST; THENCE NORTH 89 DEGREES, 14 MINUTES, 39 SECONDS WEST*,
2 PARALLEL WITH SAID NORTH LINE OF SOUTHWEST ~/a OF THE
3 NORTHEAST'/a OF SAID SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38
4 EAST, A DISTANCE OF 674.38 FEET, TO THE EAST LINE OF SAID
5 SOUTHWEST ~/a OF THE NORTHEAST ~/a OF SAID SECTION 12, TOWNSHIP
6 35 SOUTH, RANGE 38 EAST; THENCE SOUTH 00 DEGREES, 02 MINUTES,
~ 05 SECONDS EAST ALONG SAID EAST LINE A DISTANCE OF 396.61 FEET,
s TO THE NORTH LINE OF PROPERTY DESCRIBED IN OFFICIAL RECORDS
9 BOOK 469, AT PAGE 39, OF THE PUBLIC RECORDS, OF ST. LUCIE
1o COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES, 56 MINUTES, 45
11 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 536.69
12 FEET, TO THE EAST LINE OF TRACT "B" (STORMWATER MANAGEMENT),
13 OF SAID CARBOY INDUSTRIAL PARK -UNIT ONE; THENCE NORTH 00
14 DEGREES, 02 MINUTES, 05 SECONDS WEST ALONG SAID EAST LINE A
15 DISTANCE OF 154.18 FEET TO THE NORTHEAST CORNER OF SAID
16 TRACT "B" A DISTANCE OF 141.09 FEET TO THE SOUTHEAST CORNER
17 OF LOT 1, BLOCK "C", A DISTANCE OF 250.00 FEET RETURNING TO THE
1s POINT OF BEGINNING.
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20 TOGETHER WITH:
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22 LOT 1, BLOCK "C" ACCORDING TO THE PLAT OF CARBOY INDUSTRIAL
23 PARK -UNIT ONE.
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25 BOTH PARCELS CONTAINING 6.473 ACRES, MORE OR LESS
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2 ~ Parcel I D# 2212-500-0015-000/0
2s
29 E. The conditions set forth in Part B are an integral non severable part of the site plan
3 o approval granted by GM Order No. 09-014. If any condition set forth in Part B is
31 determined to be invalid or unenforceable for any reason and the developer declines to
32 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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1 This ORDER is effective the 31St day of October, 2011.
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4 PLANNING & DEVELOPMENT SERVICES DIRECTOR
5 ST. LUCIE COUNTY, FLORIDA
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9 BY
1o Mark Satte ee, AICP
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13 APPROVED AS TO FORM
14 AND CORRECTNESS:
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