HomeMy WebLinkAboutGM-09-031 - Midway Road Professional Plaza PNRD - SB 360 Extension 1 GM-09-031
2 (File No. BCC 720081501)
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5 AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY THE COMMUNITY RENEWAL
7 ACT TO THE SCHEDULED EXPIRATION DATE TO THE
8 PREVIOUSLY APPROVED PLANNED NON RESIDENTIAL
9 DEVELOPMENT SITE PLAN FOR THE PROJECT TO BE
to KNOWN AS MIDWAY ROAD PROFESSIONAL PLAZA
11 PNRD.
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13 WHEREAS, the St. Lucie County Growth Management Director has reviewed the request for
14 Development Order extension timely submitted and in accordance with the provisions of The
15 Community Renewal Act on behalf of GIK Development, LLC and has made the following
i 6 determinations:
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is 1. On, March 10, 2009, the St. Lucie County Board of County Commissioners granted
19 approval, through Resolution No. 09-005, to the petition of GIK Development, LLC, for
2 o the Planned Non Residential Development Site Plan approval for the project to be
21 known as Midway Road Professional Plaza PNRD, on property located on the north side
22 of West Midway Road, approximately .25 mile west of South 25th Street and more
23 particularly described in Part D below.
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25 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-96,
26 Laws of Florida, more commonly known as the "Community Renewal Act" (the "ACT").
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28 3. The Act provides that in recognition of the 2009 real estate market conditions, any local
29 government issued development order or permit that has an expiration date of
3o September 1, 2008 through January 1, 2012, may be eligible to be extended and
31 renewed for a period of two (2) years following its date of expiration.
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33 4. The Act further provides that the request for statutory extension must be timely made in
34 writing by December 31, 2009; identify the specific authorization for which the extension
35 is requested, the intended use of the extension and the anticipated time frame for acting
36 on the authorization.
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38 5. Further, pursuant to the Act, the request for statutory extension must be reviewed by
39 Growth Management staff and found not to be in significant noncompliance with the
40 original St. Lucie County development order granting approval.
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42 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County Board of
43 County Commissioners' good faith interpretation of the Act. By accepting this extension,
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
File No.: BCC 720081501 SAINT LUCIE COUNTY GM Order 09-031
December 21 , 2009 FILE # 3426968 12/31/2009 at 01:14 PM Pa e 1
OR BOOK 3159 PAGE 263 - 265 Doc Type: ORD 9
RECORDING: $27.00
1 the applicant acknowledges that there are portions of the Act that are ambiguous, and
2 that there are contrary interpretations of the Act. The applicant also acknowledges that
3 the constitutionality of the Act has been challenged. Accordingly, by accepting this
4 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
5 competent jurisdiction determines that the extension granted by St. Lucie County were
6 not legally granted, or in the event that the extension is subsequently revoked based on
~ the constitutional challenge to the Act.
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9 7. This statutory extension is exclusive of and runs concurrently with any request for
1 o approval extension that may be provided by the St Lucie County Land Development
11 Code. Any Land Development Code extension must be applied for, reviewed and
12 approved in accordance with the provisions of the Land Development Code.
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14 NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management Director
15 for County Commissioners of St. Lucie County, Florida:
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17 A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the Planned Non
18 Residential Development Site Plan approval for the project to be known as Midway Road
19 Professional Plaza PNRD has been found to be eligible for and consistent with the
20 provisions contained in Section 14 of SB 360 such that the approval granted under that
21 Resolution is extended for two years from its date of scheduled expiration, September
22 19, 2009 and shall now expire September 19, 2011.
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24 B. All terms and conditions of Resolution No. 09-005, shall continue to remain in full force
25 and effect unless otherwise amended.
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27 C. In the event that a court determines that the Act is unconstitutional, the extension
28 granted by this order shall become null and void.
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3o D. The property on which this development order extension is being granted is described as
31 follows:
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33 COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF
34 SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, RUN THENCE EAST ALONG
35 THE SOUTH LINE OF SAID NORTHEAST 1/4 660 FEET TO THE SOUTHWEST
36 CORNER OF LOT 95 OF WHITE CITY SUBDIVISION ACCORDING TO THE PLAT
37 THEREIN RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF
38 ST. LUCIE COUNTY, FLORIDA, THENCE RUN NORTH ALONG THE WEST LINE OF
39 LAID LOT 95, A DISTANCE OF 330 FEET, THENCE RUN WEST PARALLEL TO THE
4o SOUTH LINE OF LOT 94, OF WHITE CITY SUBDIVISION, A DISTANCE OF 660 FEET
41 THEREFROM RUN SOUTH 330 FEET TO THE POINT OF BEGINNING.
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43 EXCEPTING THEREFROM THE WEST 20 FEET AND THE SOUTH 25 FEET AS
44 RIGHTS OF WAY FOR PUBLIC ROAD, (CHRISTENSEN AND MIDWAY ROAD) AND
45 LESS AND EXCEPTING THE EAST 320 FEET THEREOF.
File No.: BCC 720081501 GM Order 09-031
December 21, 2009 Page 2
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2 Parcel ID# 3405-133-0002-000/5
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4 (Location: North side of West Midway Road, approximately %a mile west of the South 25t"
5 Street and West Midway Road intersection.)
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7 E. The conditions set forth in Part B are an integral non severable part of the site plan
8 approval granted by Resolution No. 09-005. If any condition set forth in Part B is
9 determined to be invalid or unenforceable for any reason and the developer declines to
1o comply voluntarily with that condition, this development order extension approval
11 granted by this resolution shall become null and void.
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13 F. The St. Lucie County Growth Management Director is hereby authorized and directed to
14 cause notation of this Order to be made on the Official Zoning Map of St. Lucie County
15 Florida and to make notation of reference to the date of adoption of this Resolution.
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17 G. This order shall be recorded in the Public Records of St. Lucie County.
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19 ORDER effective the 21St day of December, 2009.
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21 GROWTH MANAGEMENT DIRECTOR
22 ST. LUCIE COUNTY, FLORIDA
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2 6 BY
27 Mark Sat rlee, AICP
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2 9 APPROVED AS TO FORM
3o AND CORRECTNESS:
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45 G:\Planning\PROJECT FILES\Midway Road Professional Plaza PNRD\1st 12 mth Ext BCC 720081501\SB 360\GMOrder 09-
4 6 031.SB360.docX
File No.: BCC 720081501 GM Order 09-031
December 21, 2009 Page 3