HomeMy WebLinkAboutPDS-10-039 - Martin Office Building - SB 1752 Extension J08EPH E. 514~1lTH, G~ERtC OF THE CIRGU#T COURT
SAdNT LUC1E COUNTY
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~ PDS NO. 10-039
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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
a APPROVED MAJOR SITE PLAN FOR THE PROJECT
9 KNOWN AS MARTIN OFFICE BUILDING.
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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 Guadamonte, Inc. and has made the following
i5 determinations:
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l~ 1. On, December 2, 2008, the St. Lucie County Board of County Commissioners granted
ia approval, through Resolution No. 08-177, to the petition of Guadamonte, Inc. for the
i9 Major Site Plan approval for the project known as Martin Office Building, on property
ao located on the north side of St. Lucie Boulevard, approximately 500 feet west of the
ai intersection Hammond Road and St. Lucie Boulevard, and more particularly described in
a a Part D below.
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a4 2. On, May 28, 2010, Florida Governor Charlie Crist, signed into law, Chapter 2010-147,
a5 Laws of Florida, more commonly known as the "Jobs for Florida" Bill (the "Bill").
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z~ 3. The Bill provides that in recognition of the 2009 real estate market conditions, any local
a8 government issued development order or permit that has an expiration date of
a 9 September 1, 2008 through January 1, 2012, may be eligible to be extended and
3 o renewed for a period of two (2) years following its date of expiration.
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3a 4. The Bill further provides that the request for statutory extension must be timely made in
33 writing by December 31, 2010; 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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3~ 5. Further, pursuant to the Bill, the request for statutory extension must be reviewed by
3a Planning and Development Services staff and found not to be in significant
39 noncompliance with the original St. Lucie County development order granting approval.
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4i 6. This extension is granted pursuant to Chapter 2010-147, and St. Lucie County Board of
4a County Commissioners' good faith interpretation of SB 1752. By accepting this
43 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
44 competent jurisdiction determines that the extension granted by St. Lucie County were
45 not legally granted or in the event that the e~ension is subsequently revoked based on a
File No.: BCC 1220104210 PDS Order No. 10-039
December 28, 2010 Page 1
i constitutional challenge.
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3 7. This statutory extension is exclusive of and runs concurrently with any request for
4 approval extension that may be provided by the St Lucie County Land Development
s Code. Any Land Development Code extension must be applied for, reviewed and
6 approved in accordance with the provisions of the Land Development Code.
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8 NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development
9 Services Director for County Commissioners of St. Lucie County, Florida:
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ii A. Pursuant to the provisions of the "Jobs for Florida" Bill of 2010, the Major Site Plan
iz approval for the project known as Martin Office Building has been found to be eligible for
i3 and consistent with the provisions contained in Section 46 of SB 1752 such that the
i4 approval granted under GM-09-036 subsequent to SB 360 is extended for two years and
is is scheduled to expire on December 2, 2012 shall now expire on December 2, 2014.
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i~ B. All terms and conditions of Resolution No. 08-177, shall continue to remain in full force
is and effect unless otherwise amended.
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ao C. In the event that the Bill is determined to be unconstitutional, the extension granted by
zi this order shall become null and void.
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a3 D. The property on which this development order extension is being granted is described as
a4 follows:
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a6 COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTH'/Z OF SOUTH'/2 OF
a~ SOUTHEAST %4 OF SOUTHWEST %4 OF SECTION 30, TOWNSHIP 34 SHOUTH,
aa RANGE 40 EAST, RUN N 00°59'37" E. A DISTANCE OF 48 FEET; THEN RUN S
z9 89°05'10" E, 609.66 FEET MORE OR LESS TO A 6 FOOT HIGH CHAIN LINK FENCE
3o FOR A POINT OF BEGINNING; THEN RUN NORTHERLY ALONG THE CHAIN LINK
3i FENCE TO THE NORTH LINE OF SAID SOUTH '/2 OF THE SOUTH '/2 OF THE
3a SOUTHEAST'/4 OF THE SOUTHWEST'/4; THENCE RUN S 89°04'S7" E ALONG SIAD
33 NORTH LINE A DISTANCE 297.5 FEET MORE OR LESS TO AN OLD BARBED WIRE
34 FENCE WHICH RUNS NORTH AND SOUTH; THENCE RUN SOUTHERLY ALONG
35 SAID BARBED WIRE FENCE TO A POINT 48 FEET NORTH OF THE SOUTH LINE OF
36 SAID SOUTH '/2 OF THE SOUTH '/z OF THE SOUTHEAST OF THE SOUTHWEST
3~ %4, THENCE RUN SOUTH 'h OF THE SOUTHEAST %4 OF THE SOUTHWEST 1/4 ,
3s THENCE RUN N 89°05'10" W PARALLEL TO SAID SOUTH LINE TO THE POINT OF
39 BEGINNING.
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4 i (Property Tax I D#:1430 343 0028 000/0)
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43 E. The conditions set forth in Part B are an integral non severable part of the site plan
44 approval granted by Resolution No. 08-177. If any condition set forth in Part B is
45 determined to be invalid or unenforceable for any reason and the developer declines to
46 comply voluntarily with that condition, this development order extension approval
4~ granted by this resolution shall become null and void.
File No.: BCC 1220104210 PDS Order No. 10-039
December 28, 2010 Page 2
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a F. This order shall be recorded in the Public Records of St. Lucie County.
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4 ORDER effective the 28th day of December, 2010.
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~ PLANNING & DEVELOPMENT SERVICES DIRECTOR
a ST. LUCIE COUNTY, FLORIDA
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12 BY
13 Mark Satt ee, AICP
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16 APPROVED AS TO FORM
1~ AND CORRECTNESS:
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21 < ~/r~_
aa l~,s1> County Attorney
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34 G:\Planning\PROJECT FILES\Martin Office Building BCC1220104210
File No.: BCC 1220104210 PDS Order No. 10-039
December 28, 2010 Page 3