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Home My WebLink AboutPDS-12-022 - Health Chem Diagnostics LLC - Chapter 2011-139 ExtensionJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3692666 04!1112012 at 01:03 PM e: ORD OR BOOK 3379 PAGE 260 - 262 Doc Typ RECORDING: $27.00 PDS NO. 12-022 (File No. BCC 320114235) AN ORDER GRANTING THE FOLLOWING STATUTORY EXTENSION PROVIDED BY CHAPTER 2011-139, LAWS OF FLORIDA TO THE SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY APPROVED MAJOR SITE PLAN FOR THE PROJECT KNOWN AS HEALTH CHEM DIAGNOSTICS LLC. 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 Health Chem Diagnostics, LLC, and has made the following determinations: On, April 13, 2010, the St. Lucie County Board of County Commissioners granted approval through Resolution No. 10-033 to the petition Health Chem Diagnostics, LLC for Major Site Plan approval on property located at the northeast corner of Airport West Commerce Park Road and Airport West Commerce Park Drive and more particularly described in Part D below. 2. 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"). 3. 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. 4. The Bill provides that in recognition of the 2011 real estate market conditions, any local govemment issued development order or permit that has an expiration date of January 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. 5. 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. 6. 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. 7. The applicant applied for an extension on March 30, 2011. File No.: BCC 320114235 PDS Order No. 12-022 April 9, 2012 Page 1 8. 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. 9. 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 Community Planning Act, the Major Site Plan approval for the project known as Health Chem Diagnostics, LLC has been found to be eligible for an additional extension such that the approval granted under Resolution No.10-033 is extended for two years and is now scheduled to expire April 13, 2014. B. All terms and conditions of Resolution No. 10-033, 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: All of Lots 1, 2, and 3, as shown on Airport West Commerce Park Phase 1, recorded in Plat Book 60, Pages 31 through 35. E. The conditions set forth in Part B are an integral non severable part of the site plan approval granted by Resolution No. 10-033. 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. File No.: BCC 320114235 PDS Order No. 12-022 Apri19, 2012 Page 2 This ORDER is effective the 9~' day of April, 2012. PLANNING 8~ DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Sa lee, AICP Lap G:\Planning\PROJECT FILESWeafth Chem Diagnostics, LLC\PDS 12-022.docx File No.: BCC 320114235 PDS Order No. 12-022 April 9, 2012 Page 3 APPROVED AS TO FORM AND CORRECTNESS: