HomeMy WebLinkAboutGM-09-036 - Martin Office Building - SB 360 Extension 1 GM-09-036
2 (File No. MJSP 320071077)
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5 AN ORDER GRANTING ATWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY THE COMMUNITY
~ RENEWAL ACT TO THE SCHEDULED EXPIRATION
8 DATE TO THE PREVIOUSLY APPROVED MAJOR SITE
9 PLAN FOR THE PROJECT TO BE KNOWN AS
1o MARTIN OFFICE BUILDING.
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12 WHEREAS, the St. Lucie County Growth Management Director has reviewed the request for
13 Development Order extension timely submitted and in accordance with the provisions of The
14 Community Renewal Act on behalf of Guadamonte, Inc. and has -made the following
15 determinations:
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17 1. On, December 2, 2008, the St. Lucie County Board of County Commissioners granted
18 approval, through Resolution No. 08-177, to the petition of Guadamonte, Inc. for the
19 Major Site Plan approval for the project to be known as Martin Office Building, on
2 o property located on the north side of St. Lucie Boulevard, approximately 500 feet west of
21 the intersection of Hammond Road and St. Lucie Boulevard, and more particularly
22 described in Part D below.
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24 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-96,
25 Laws of Florida, more commonly known as the "Community Renewal Act" (the "ACT").
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27 3. The Act provides that in recognition of the 2009 real estate market conditions, any local
28 government issued development order or permit that has an expiration date of
2 9 September 1, 2008 through January 1, 2012, may be eligible to be extended and
3o renewed for a period of two (2) years following its date of expiration.
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32 4. The Act further provides that the request for statutory extension must be timely made in
33 writing by December 31, 2009; identify the specific authorization for which the extension
34 is requested, the intended use of the extension and the anticipated time frame for acting
35 on the authorization.
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37 5. Further, pursuant to the Act, the request for statutory extension must be reviewed by
38 Growth Management staff and found not to be in significant noncompliance with the
39 original St. Lucie County development order granting approval.
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41 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County Board of
42 County Commissioners' good faith interpretation of the Act. By accepting this extension,
43 the applicant acknowledges that there are portions of the Act that are ambiguous, and
File No.: MJSP-320071077 ,JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT GM Order 09-036
December 23, 2009 SAINT LUCIE COUNTY Page 1
FILE # 3437899 02/03/2010 at 12:01 PM
OR BOOK 3168 PAGE 988 - 990 Doc Type: ORD
RECORDING: $27.00
1 that there are contrary interpretations of the Act. The applicant also acknowledges that
2 the constitutionality of the Act has been challenged. Accordingly, by accepting this
3 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
4 competent jurisdiction determines that the extension granted by St. Lucie County were
5 not legally granted, or in the event that the extension is subsequently revoked based on
6 the constitutional challenge to the Act.
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8 7. This statutory extension is exclusive of and runs concurrently with any request for
9 approval extension that may be provided by the St Lucie County Land Development
to Code. Any Land Development Code extension must be applied for, reviewed and
11 approved in accordance with the provisions of the Land Development Code.
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13 NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management Director
14 for County Commissioners of St. Lucie County, Florida:
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16 A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the Major Site Plan
17 approval for the project to be known as Martin Office Building has been found to be
18 eligible for and consistent with the provisions contained in Section 14 of SB 360 such
19 that the approval granted under that Resolution is extended for two years from its
20 scheduled expiration date of December 2, 2010 and shall now expire December 2, 2012.
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22 B. All terms and conditions of Resolution No. 08-177, shall continue to remain in full force
23 and effect unless otherwise amended.
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25 C. In the event that a court determines that the Act is unconstitutional, the extension
26 granted by this order shall become null and void.
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28 D. The property on which this development order extension is being granted is described as
2 9 f0110WS:
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31 COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTH OF SOUTH 'h
32 OF SOUTHEAST %4 OF SOUTHWEST'/4 OF SECTION 30, TOWNSHIP 34 SHOUTH,
33 RANGE 40 EAST, RUN N 00°59'37" E. A DISTANCE OF 48 FEET; THEN RUN S
34 89°05'10" E, 609.66 FEET MORE OR LESS TO A 6 FOOT HIGH CHAIN LINK FENCE
35 FOR A POINT OF BEGINNING; THEN RUN NORTHERLY ALONG THE CHAIN LINK
36 FENCE TO THE NORTH LINE OF SAID SOUTH '/z OF THE SOUTH '/z OF THE
37 SOUTHEAST %4 OF THE SOUTHWEST '/4; THENCE RUNS 89°04'57" E ALONG
38 SIAD NORTH LINE A DISTANCE 297.5 FEET MORE OR LESS TO AN OLD
39 BARBED WIRE FENCE WHICH RUNS NORTH AND SOUTH; THENCE RUN
4o SOUTHERLY ALONG SAID BARBED WIRE FENCE TO A POINT 48 FEET NORTH
41 OF THE SOUTH LINE OF SAID SOUTH'/ OF THE SOUTH'/z OF THE SOUTHEAST
42 %a OF THE SOUTHWEST %a, THENCE RUN SOUTH '/2 OF THE SOUTHEAST %a OF
43 THE SOUTHWEST 1/4 ,THENCE RUN N 89°05'10" W PARALLEL TO SAID SOUTH
44 LINE TO THE POINT OF BEGINNING.
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File No.: MJSP-320071077 GM Order 09-036
December 23, 2009 Page 2
1 (Property Tax ID#:1430 343 0028 000/0)
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3 E. The conditions set forth in Part B are an integral non severable part of the site plan
4 approval granted by Resolution No. 08-177. If any condition set forth in Part B is
5 determined to be invalid or unenforceable for any reason and the developer declines to
6 comply voluntarily with that condition, this development order extension approval
7 granted by this resolution shall become null and void.
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9 F. The St. Lucie County Growth Management Director is hereby authorized and directed to
1 o cause notation of this Order to be made on the Official Zoning Map of St. Lucie County
11 Florida and to make notation of reference to the date of adoption of this Resolution.
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13 G. This order shall be recorded in the Public Records of St. Lucie County.
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15 ORDER effective the 23rd day of December, 2009.
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17 GROWTH MANAGEMENT DIRECTOR
18 ST. LUCIE COUNTY, FLORIDA
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2 2 BY
23 Mark Satte ee, AICP
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25 APPROVED AS TO FORM
26 AND CORRECTNESS:
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31 County ttorney
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4 4 G:\Planning\PROJECT FILES\Martin Office Building MJSP 320071077\SB 360 Extension15\SB 360\GMOrder 09-036.SB360.docX
File No.: MJSP-320071077 GM Order 09-036
December 23, 2009 Page 3