The URL can be used to link to this page

Home My WebLink AboutPDS-12-036 - Midway Refueling Station - Chapter 2012-205 ExtensionJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3761044 10/23/2012 at 03:49 PM OR BOOK 3445 PAGE 1834 - 1837 Doc Type: ORD RECORDING: $35.50 PDS NO. 12-036 (File No. BCC 1020124558) AN ORDER GRANTING THE FOLLOWING STATUTORY EXTENSION PROVIDED BY CHAPTER 2012-205, LAWS OF FLORIDA TO THE SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY APPROVED MINOR SITE PLAN FOR THE PROJECT KNOWN AS MIDWAY REFUELING STATION. 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 2012-205, Laws of Florida on behalf of Long-Term Finance and Development, LLC, and has made the following determinations: On, October 11, 2010, the Planning and Development Services Director granted approval through PDS Order 10-015 to the petition of Long-Term Finance and Development, LLC for the Minor Site Plan approval for the project known as Midway Refueling Station, on property located at the northwest corner of South 25'h Street and Midway Road and more particularly described in Part C below. 2. PDS Order 10-015 included a condition of approval for the applicant to enter into a Proportionate Fair Share and Impact Fee Credit Agreement for the roadway improvements cost associated with Midway Road and mitigate traffic impacts of the proposed development. 3. Chapter 2011-139, Laws of Florida, the Community Planning Act, eliminated the cost to a developer proposing a development on a road already determined to be transportation deficient without the development's projected traffic. Pursuant to Chapter 2011-138 the conditions of approval set forth in PDS Order 10-015 are hereby amended in Part A. 4. On, May 4, 2012, Florida Governor Rick Scott, signed into law, Chapter 2012-205, Laws of Florida, more commonly known as the "Environmental Regulation AcY' Bill (the "Bill"). 5. 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 47 of Chapter 2010-147, Laws of Florida; Section 46 of Chapter 2010-147, Laws of Florida; or Section 74 or Section 79 of Chapter 2011-139. Laws of Florida may be eligible to be extended and renewed for an additional period of two years after it's previously scheduled expiration date and shall not be extended beyond a total of four years. 6. The Bill provides that in recognition of the 2012 real estate market conditions, any local government issued development order or permit that has an expiration date of January File No.: BCC 1020124558 PDS Order No. 12-036 October 19, 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. 7. The Bill further provides that the request for statutory extension must be timely made in writing by December 31, 2012; 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. 8. 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. 9. The applicant applied for an extension on October 2, 2012. 10. This extension is granted pursuant to Chapter 2012-205, 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. 11. 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 Environmental Regulation Act, the Minor Site Plan approval for the project known as Midway Refueling Station has been found to be eligible for an additional extension such that the approval granted under PDS Order 10- 015 is extended for two years and is now scheduled to expire October 11, 2014, subject to the following conditions:. 1. All previous terms and conditions of approval applicable to the subject property, as contained in PDS Order 10-015, have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Chapter 11, of the Land Development Code unless expressly modified herein. 2. Condition A-1 of PDS Order 10-015, remains. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an Improvement Agreement acceptable to the Environmental Resources Department covering the cost of all required landscaping, irrigation, tree mitigation, tree relocation, and related improvements shown in the site plan. A copy of this File No.: BCC 1020124558 PDS Order No. 12-036 October 19, 2012 Page 2 agreement can be obtained by visiting the SLC Environmental Resources Department website at: http:l/www.stlucieco.orq/EnvironmentalResourcesDepartment/index.htm 3. Condition A-2 of PDS Order 10-015, remains. Prior to issuance of Vegetation Removal Permit or Exemption, the applicant shall obtain and provide to the environmental Resources Department copies of any federal and state permits/authorizations (or notices of intent to issue same). The preceding shall not preclude or delay the issuance of local building permits or authorizations for development activities that are not dependent on the prior issuance of state or federal permits or authorizations, or notices of intent to issue same. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the Land Development Code. The applicant will not use the County's development approval to prevent compliance with ant federal or state agency requirements. 4. Condition A-3 of PDS Order 10-015, remains. Prior to the issuance of the first building permit, the applicant, successor or assign shall pay $15,750.00 to the St. Lucie County Community Services -Transit Division for costs associated with a bus shelter and other transportation amenities which will be used to serve the project area. 5. Condition A-4 of PDS Order 10-015, is hereby deleted. \A/i+h D!1 rJovo of+nr rnnnivinn miner oitn nlon onnrnvol the onnlinon# droll on+or inn o s -nnnrFinnotn Coruii-~°ur~a{~rJ Imnon+ C~~rli~ Anr~y~~nn~~~h~ rl~~io~i 6. Condition A-5 of PDS Order 10-015, remains. Prior to the issuance of a right of way permit, the applicant shall execute a Road Improvement Agreement with St. Lucie County and submit a surety for the proposed public improvements. The amount of surety shall be 115% of the engineer's estimate of probable cost. Form of surety shall be approved by the County Attorney. The Agreement shall be approved and signed by the County Administrator or designee. 7. Condition A-6 of PDS Order 10-015, remains. Prior to the issuance of Road Improvement Agreement, the applicant shall submit two (2) sets of signed and sealed construction plans for review and approval by the Public Works Department and the Engineering Division. B. In the event that a court determines that the Bill is unconstitutional, the extension File No.: BCC 1020124558 PDS Order No. 12-036 October 19, 2012 Page 3 granted by this order shall become null and void. C. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: WHITE CITY S/D 05 36 40 THAT PART OF LOT 97 MPDAF: FROM SE COR OF NE ~/4 OF SEC 5 RUN N 00 14 58 W ALG E SEC LI 59.18 FT, TH S 89 50 45 W 127.69 FT TO N R/W MIDWAY RD AND POB, TH CONT S 89 50 45 W ALG NLY R/W 272.01 FT, TH N 00 33 50 W //WITH WLY R/W S 25 ST 200 FT, TH N 89 50 45 E //WITH NLY R/W MIDWAY RD 317.03 FT, TH S 01 12 24 E 170.07 FT, TH S 46 47 40 W 4.73 FT, TH N 90 00 00 W 43.19 FT. TH S 00 00 00 W 26.84 FT TO POB (1.43 AC) (or 1706-1688: 3254-403) PARCEL ID: 3403-502-0145-020-1 D. The conditions set forth in Part B are an integral non severable part of the site plan approval granted by PDS Order 10-015. 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. E. This order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the 19th day of October, 2012. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark atterlee, AICP Lap G:\Planning\PROJECT FILES\Midway Refueling\PDS 12-036.docx File No.: BCC 1020124558 PDS Order No. 12-036 October 19, 2012 Page 4 APPROVED AS TO FORM AND CORRECTNESS: