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Home My WebLink AboutPDS-12-007 - BPSC - Chapter 2011-139 ExtensionJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3666034 01/19/2012 at 09:50 AM OR BOOK 3355 PAGE 2998 _3000 Doc Type: ORD RECORDING: $27.00 PDS NO. 12-007 (File No. BCC 1120114377) AN ORDER GRANTING THE FOLLOWING STATUTORY EXTENSION PROVIDED BY CHAPTER 2011-139, LAWS OF FLORIDA AND SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY APPROVED MAJOR SITE PLAN FOR THE PROJECT KNOWN AS BPSC. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for development order extension timely submitted and in accordance with the provisions of Chapter 2011-139, Laws of Florida on behalf of BPSC Industries, LLC, and has made the following determinations: On, January 5, 2010, the St. Lucie County Board of County Commissioners granted approval through Resolution No. 10-008 to the petition of BPSC Industries, LLC for the Major Site Plan approval for the project known as BPSC, on property located on the south side of Center Road, approximately 1,300 feet south of St. Lucie Boulevard and more particularly described in Part D below. 2. On, June 13, 2011, Florida Governor Rick Scott, issued Executive Order (EO) No. 11- 128 (as extended by EO Nos. 11-172 and 11-202) declaring a State of Emergency for Florida due to significant drought and wildfire conditions. 3. Section 252.363 Florida Statutes provides that any local government issued development order or permit may be extended from the period remaining for the duration of the emergency declaration plus six months. 4. The Act requires that a specific written notice be filed with the issuing authority within ninety days after the termination of the declaration of emergency. The deadline to file the requisite Notice is February 1, 2012. 5. On, July 1, 2011, Florida Governor Rick Scott, signed into law, Chapter 2011-139, Laws of Florida, more commonly known as the "Community Planning Act" Bill (the "Bill"). 6. The Bill provides that any local government issued development order or permit that was extended under Section 14 of Chapter 2009-96, Laws of Florida, as reauthorized by Section 46 of Chapter 2010-147, Laws of Florida, may be eligible to be extended and renewed for an additional period of two years after its previously scheduled expiration date and shall not be extended beyond a total of four years. 7. The Bill provides that in recognition of the 2011 real estate market conditions, any local government issued development order or permit that has an expiration date of January File No.: BCC 1120114377 PDS Order No. 12-007 January 12, 2012 Page 1 1, 2012 through January 1, 2014, may be eligible to be extended and renewed for a period of two (2) years following its date of expiration. 8. The Bill further provides that the request for statutory extension must be timely made in writing by December 31, 2011; identify the specific authorization for which the extension is requested, the intended use of the extension and the anticipated time frame for acting on the authorization. 9. Further, pursuant to the Bill, the request for statutory extension must be reviewed by Planning and Development Services staff and found not to be in significant noncompliance with the original St. Lucie County development order granting approval. 10. The applicant applied for an extension on December 28, 2011. 11. This extension is granted pursuant to Chapter 2011-139, and St. Lucie County Board of County Commissioners' good faith interpretation of the Bill. By accepting this extension, the applicant agrees to hold St. Lucie County harmless in the event a court of competent jurisdiction determines that the extension granted by St. Lucie County were not legally granted or in the event that the extension is subsequently revoked based on a constitutional challenge. 12. This statutory extension is exclusive of and runs concurrently with any request for approval extension that may be provided by the St Lucie County Land Development Code. Any Land Development Code extension must be applied for, reviewed and approved in accordance with the provisions of the Land Development Code. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to the provisions of the State of Emergency Act and the Community Planning Act, the Major Site Plan approval for the project known as BPSC has been found to be eligible for an additional extension such that the approval granted under Resolution No.10-008 is extended for two years, ten months, and twenty-two days and is now scheduled to expire November 27, 2014. B. All terms and conditions of Resolution No. 10-008, shall continue to remain in full force and effect unless otherwise amended. C. In the event that a court determines that the Bill is unconstitutional, the extension granted by this order shall become null and void. D. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: Parcel 1: The west 1/2 of the SE 1/4 of the NW 1/4 of Section 31, Township 34 South, Range 40 East; Excepting Therefrom Rights of Way for Drainage Canals and Public Roads, Containing 17.70 File No.: BCC 1120114377 PDS Order No. 12-007 January 12, 2012 Page 2 Acres. Parcel 2: The West 795.1 Feet of the South 1167.5 Feet of the North 1217.5 Feet of the SW 1/4 of the NE 1/4 of Section 31, Township 34 South, Range 40 East; Excepting Therefrom Rights of Way for Drainage Canals and Public Roads. Containing 21.13 Acres. Parcel 3: The South 583.8 Feet of the North 633.8 Feet of the East 1/2 of the SE 1/4 of the NW 1/4 of Section 31, township 34 South, Range 40 East,; Excepting Therefrom Rights of Way for Drainage Canals and Public Roads. Containing 8.92 Acres. Parcel 4: The South 583.8 Feet of the North 1217.6 Feet of the East 1/2 of the SE 1/4 of the NW %4 for Section 31, Township 34 South, Range 40 East; Excepting Therefrom Rights of Way for Drainage Canals and Public Roads. Containing 8.77 Acres. All Lying and Being within St. Lucie County, Florida Containing 56.56 Total Acres. E. The conditions set forth in Part B are an integral non severable part of the site plan approval granted by Resolution No. 10-008. If any condition set forth in Part B is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, this development order extension approval granted by this resolution shall become null and void. F. This order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the 12th day of January, 2012. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Satterlee, AICP Lap G:\Planning\PROJECT FILES\BPSC HB 7207 Extension\PDS 12-007.docx File No.: BCC 1120114377 PDS Order No. 12-007 January 12, 2012 Page 3 APPROVED AS TO FORM AND CORRECTNESS: