HomeMy WebLinkAboutPDS-10-018 - Midway Road Professional Plaza PNRD - SB 1752 Extension ~ PDS NO. 10-018
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5 AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY SENATE BILL 1752 TO THE
~ SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY
s APPROVED PLANNED NON RESIDENTIAL DEVELOPMENT
9 SITE PLAN FOR THE PROJECT KNOWN AS MIDWAY
lo ROAD PROFESSIONAL PLAZA PNRD.
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13 WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
14 the request for development order extension timely submitted and in accordance with the
15 provisions of Senate Bill 1752 on behalf of GIK Development, LLC, and has made the following
16 determinations:
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1 a 1. On, March 10, 2009, the St. Lucie County Board of County Commissioners granted
la 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
2 i 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 25"' Street and more
23 particularly described in Part D below.
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2s 2. On, May 28, 2010, Florida Govemor Charlie Crist, signed into law, Chapter 2010-147,
2 6 Laws of Florida, more commonly known as the "Jobs for Florida° Bill (the °Bill").
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2 s 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
2 9 govemment issued development order or permit that has an expiration date of
3 o 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 Bill further provides that the request for statutory extension must be timely made in
34 writing by December 31, 2010; 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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3s 5. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
39 Planning and Development Services staff and found not to be in significant
4 o noncompliance with the original St. Lucie County development order granting approval
41 and tt~a~ any exfension granted pursuanf fo ffie Biff, is fhe result of tfie Sf. tucie Counfy
4 2 Board of County Commissioners' good faith interpretation of the Bill.
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4 4 6. This statutory extension is exclusive of and runs concurrently with any request for
File No.: BCC 82010413' PDS Order No. 10-018
November 17, 201~ JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE # 3538927 12/01/2010 ai 06:06 PM
OR BOOK 3250 PAGE 339 - 341 Doc Type: ORD
RECORDING: $27.00
1 approval extension that may be provided by the St Lucie County Land Development
2 Code. Any Land Development Code extension must be applied for, reviewed and
3 approved in accardance with the provisions of the Land Development Code.
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5 NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
6 Services Dire~tor for County Commissioners of St. Lucie County, Florida:
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s A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Planned Non
9 Residential Development Site Plan approval for the project known as Midway Road
lo Professional Plaza PNRD has been found to be eligible for and consistent with the
11 provisions contained in Section 46 of SB 1752 such that the approval granted under GM-
12 09-031 subsequently to SB 360 is extended for finro years and shall now expire
13 September 19, 2013.
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15 B. All terms and conditions of GM Order No. 09-005, shall continue to remain in full force
i 6 and effect unless otherwise amended.
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Zs C. In the event that court determines that the Bill is unconstitutional, the extension granted
19 by this order shall become null and void.
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21 D. The property on which this development order extension is being granted is described as
22 follows:
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24 COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF
25 SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, RUN THENCE EAST ALONG
26 THE SOUTH LINE OF SAID NORTHEAST 1/4 660 FEET TO THE SOUTHWEST
2~ CORNER O~ LOT 95 OF WHITE CITY SUBDIVISION ACCORDING TO THE PLAT
2 s THEREIN RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF
29 ST. LUCIE COUNTY, FLORIDA, THENCE RUN NORTH ALONG THE WEST LINE OF
3o LAID LOT 95, A DISTANCE OF 330 FEET, THENCE RUN WEST PARALLEL TO THE
31 SOUTH LINE OF LOT 94, OF WHITE CITY SUBDIVISION, A DISTANCE OF 660 FEET
32 THEREFROM RUN SOUTH 330 FEET TO THE POINT OF BEGINNING.
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34 EXCEPTING THEREFROM THE WEST 20 FEET AND THE SOUTH 25 FEET AS
35 RIGHTS OF WAY FOR PUBLIC ROAD, (CHRISTENSEN AND MIDWAY ROAD) AND
36 LESS AND EXCEPTING THE EAST 320 FEET THEREOF.
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3s Parcel ID# 3405-133-0002-000/5
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4 0 (Location: North side of West Midway Road, approximately'/. mile west of the South 25"'
41 Street and West Midway Road intersection.)
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4 3 E. The conditions set forth in Part B are an integral non severable part of the site plan
44 approval granted by GM Order No. 09-005. If any condition set forth in Part B is
45 determined to be invalid or unenforceable for any reason and the developer declines to
4 6 comply voluntarily with that condition, this development order extension approval
4 ~ granted by this resolution shall become null and void.
File No.: BCC 820104130 PDS Order No. 10-018
November 17, 2010 Page 2
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2 F. This order shall be recorded in the Public Records of St. Lucie County.
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4 ORDER effective the 17"' day of November, 2010.
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~ PLANNING & DEVELOPMENT SERVICES DIRECTOR
s ST. LUC1E COUNTY, FLORIDA
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13 Mark Satteriee, AICP
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16 APPROVED AS TO FORM
1~ AND CORRECTNESS:
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22 County or ey
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34 G:\Planning\PROJECT FILES1Midway Road Professionai Plaza
File No.: BCC 820104130 PDS Order No. 10-018
November 17, 2010 Page 3