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Home My WebLink AboutPDS-10-034 - St. Lucie Veterinary Hospital & Emergency Clinic - SB 1752 Extension JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3544279 12/20/2010 at 03:18 PM . OR BOOK 3254 PAGE 2779 - 27g1 Doc Type: ORD ' RECORDING: $27.00 ~ PDS NO. 10-034 a (File No. BCC 1220104208) 3 4 5 AN ORDER GRANTING A TWO-YEAR STATUTORY 6 EXTENSION PROVIDED BY SENATE BILL 1752 TO THE ~ SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY 8 APPROVED MINOR SITE PLAN FOR THE PROJECT 9 KNOWN AS ST. LUCIE VETERINARY HOSPITAL AND io EMERGENCY CLINIC. ia WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed i3 the request for development order extension timely submitted and in accordance with the i4 provisions of Senate Bill 1752 on behalf of MGSG Holdings, LLC and has made the following is determinations: 16 i~ 1. On, December 3, 2009, the Planning and Development Services Director granted is approval, through GM 09-023, to the petition of MGSG Holdings, LLC, for the Minor Site i9 Plan approval for the project known as St. Lucie Veterinary Hospital and Emergency ao Clinic, on property located on the southeast corner of U.S. Highway No. 1 and Dyer a i Road, and more particularly described in Part D below. za a3 2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147, a4 Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill"). 25 a6 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local z~ government issued development order or permit that has an expiration date of a a September 1, 2008 through January 1, 2012, may be eligible to be extended and a 9 renewed for a period of two (2) years following its date of expiration. 30 3i 4. The Bill further provides that the request for statutory extension must be timely made in 3a writing by December 31, 2010; identify the specific authorization for which the extension 33 is requested, the intended use of the extension and the anticipated time frame for acting 34 on the authorization. 35 36 5. Further, pursuant to the Bill, the request for statutory extension must be reviewed by 3~ Planning and Development Services staff and found not to be in significant 3a noncompliance with the original St. Lucie County development order granting approval. 39 40 6. This e~ension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of 41 County Commissioners' good faith interpretation of SB 1752. By accepting this 4a extension, the applicant agrees to hold St. Lucie County harmless in the event a court of 43 competent jurisdiction determines that the extension granted by St. Lucie County were 44 not legally granted or in the event that the extension is subsequently revoked based on a 45 constitutional challenge. File No.: BCC 1220104208 PDS Order No. 10-034 December 14, 2010 Page 1 1 a 7. This statutory extension is exclusive of and runs concurrently with any request for 3 approval extension that may be provided by the St Lucie County Land Development 4 Code. Any Land Development Code extension must be applied for, reviewed and s approved in accordance with the provisions of the Land Development Code. 6 ~ NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development a Services Director for County Commissioners of St. Lucie County, Florida: 9 io A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Minor Site Plan ii approval for the project known as St. Lucie Veterinary Hospital and Emergency Clinic ia has been found to be eligible for and consistent with the provisions contained in Section i3 46 of SB 1752 such that the approval granted under GM-09-023 is extended for two 14 years and that was scheduled to expire on December 3, 2011 shall now expire on is December 3, 2013. 16 i~ B. All terms and conditions of GM 09-023, shall continue to remain in full force and effect is unless otherwise amended. 19 ao C. In the event that court determines that the Bill is unconstitutional, the extension granted ai by this order shall become null and void. aa a3 D. The property on which this development order extension is being granted is described as a4 follows: 25 a6 LEGAL DESCRIPTION: a~ aa THE SOUTH 55 FEET OF THAT PORTION OF THE SOUTH 200 FEET OF a9 SECTION 22, TOWNSHIP 36 SOUTH, RANGE 40 EAST, SITUATE AND LYING 3 o EASTERLY OF THE EAST RIGHT-OF-WAY OF STATE ROAD NUMBER 5, 3i (U.S. HIGHWAY NO. 1). SAID 55 FEET SHALL BE MEASURED 3a PREPENDICULAR TO THE SOUTH SECTION LINE OF THE PROPERTY. 33 34 TOGETHER WITH: 35 36 THE NORTH 145 FEET OF THE SOUTH 200 FEET OF SECTION 22, 3~ TOWNSHIP 36 SOUTH, RANGE 40 EAST, SITUATE AND LYING EASTERLY 3a OF THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 5(U.S. HIGHWAY NO. 39 1. SAID 145 FEET SHALL BE MEASURED PERPENDICULAR TO THE 4o SOUTH SECTION LINE OF THE PROPERTY. 41 4a Property Tax I.D. # 3422-444-0002-000/3 43 44 (Location: Southeast corner of US Highway 1 and Dyer Road.) 45 46 E. The conditions set forth in Part B are an integral non severable part of the site plan 4~ approval granted by GM 09-023. If any condition set forth in Part B is determined to be File No.: BCC 1220104208 PDS Order No. 10-034 December 14, 2010 Page 2 i invalid or unenforceable for any reason and the developer declines to comply voluntarily a with that condition, this development order extension approval granted by this resolution 3 shall become null and void. 4 s F. This order shall be recorded in the Public Records of St. Lucie County. 6 ~ ORDER effective the 14th day of December, 2010. a 9 PLANNING & DEVELOPMENT SERVICES DIRECTOR io ST. LUCIE COUNTY, FLORIDA 11 12 13 i 4 BY i5 Mark Sa ee, AICI~` 16 l~ APPROVED AS TO FORM AND CORRECTNESS: 1s 19 j ~ ~ 20 ~ 21 aa County Attor ey 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 LAP 47 File No.: BCC 1220104208 PDS Order No. 10-034 December 14, 2010 Page 3