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Home My WebLink AboutPDS-12-011 - Midway Road Professional Plaza - Chapter 2011-142 ExtensionPDS NO. 12-011 (File No. BCC 120124378) AN ORDER GRANTING THE FOLLOWING STATUTORY EXTENSION PROVIDED BY CHAPTER 2011-142, LAWS OF FLORIDA CREATING SECTION 252.363 FLORIDA STATUTES TO THE SCHEDULED EXPIRATION DATE TO THE PREVIOUSLY APPROVED PLANNED NON RESIDENTIAL DEVELOPMENT SITE PLAN FOR THE PROJECT KNOWN AS MIDWAY ROAD PROFESSIONAL PLAZA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for development order extension timely submitted and in accordance with the provisions of Chapter 2011-142, Laws of Florida on behalf of GIK Development LLC, and has made the following determinations: On, September 19, 2006, the St. Lucie County Board of County Commissioners granted approval through Resolution No. 06-165 to the petition of GIK Development LLC, for the Final Planned Non Residential Development Site Plan approval for the project known as Midway Road Professional Plaza, on property located on the north side of West Midway Road, approximately 0.25 mile west of South 25~' Street and more particularly described in Part C below. 2. On March 10, 2009, the Board of County Commissioners granted through Resolution 09- 005 an extension for a period of 12 months with the new date of expiration being September 19, 2009. 3. On December 21, 2009, the Planning and Development Services Director granted through GM Order 09-031 an extension for two years pursuant to Chapter 2009-96, Laws of Florida from its date of scheduled expiration, September 19, 2009, with the new date of expiration being September 19, 2011. 4. On November 17, 2010 the Planning and Development Services Director granted through PDS Order No. 10-018 an extension for two years pursuant to Chapter 2010- 147, Laws of Florida with the new date of expiration being September 19, 2013. 5. On, June 13, 2011, Florida Governor Rick Scott, issued Executive Order (EO) No. 11- 128 (as extended by EO Nos. 11-172 and 11-202) declaring a State of Emergency for Florida due to significant drought and wildfire conditions. 6. Section 252.363 Florida Statutes provides that any local government issued File No.: BCC 120124378 °DS Order No. 12-011 January 27, 2012 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1 SAINT LUCIE COUNTY FILE # 3670723 02/03/2012 at 09:17 AM OR BOOK 3359 PAGE 2615 - 2617 Doc Type: ORD RECORDING: $27.00 development order or permit may be extended from the period remaining for the duration of the emergency declaration plus six months. 7. The Act requires that a speck written notice be filed with the issuing authority within ninety days after the termination of the declaration of emergency. The deadline to file the requisite Notice is February 1, 2012. 8. The applicant applied for an extension on January 10, 2012. NOW, THEREFORE, BE IT ORDERED by the St. Lucie County Planning and Development Services Director: A. Pursuant to the provisions of the State of Emergency Act the Planned Non Residential Development Site Plan approval for the project known as Midway Road Professional Plaza has been found to be eligible for an additional extension such that the approval granted under PDS Order No. 10-018 is extended for ten months, and twenty-two days and is now scheduled to expire August 9, 2014. B. All terms and conditions of Resolution No. 09-005, shall continue to remain in full force and effect unless otherwise amended. C. The property on which this development order extension is being granted is described as follows: LEGAL DESCRIPTION: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST %4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, RUN THENCE EAST ALONG THE SOUTH LINE OF SAID NORTHEAST '/. 660 FEET TO THE SOUTHWEST CORNER OF LOT 95 OF WHITE CITY SUBDIVISION ACCORDING TO THE PLAT THEREIN RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA THENCE RUN NORTH ALONG THE WEST LINE OF LAND LOT 95, A DISTANCE OF 330 FEET, THENCE RUN WEST PARALLEL TO THE SOUTH LINE OF LOT 94, OF WHITE CITY SUBDIVISION, A DISTANCE OF 660 FEET THEREFROM RUN SOUTH 330 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST 20 FEET AND THE SOUTH 25FEET AS REIGHTS OF WAY FOR PUBLIC ROAD, (CHRISTENSEN AND MIDWAY ROAD) AND LESS AND EXCEPTING THE EAST 320 FEET THEREOF. Parcel ID# 3405-133-0002-000/5 D. The conditions set forth in Part B are an integral non severable part of the site plan approval granted by Resolution No. 09-005. If any condition set forth in Part B is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, this development order extension approval granted by this resolution shall become null and void. File No.: BCC 120124378 PDS Order No. 12-011 January 27, 2012 page 2 E. This order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the 27~' day of January, 2012. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Satte lee, AICP Lap G:\Planning\PROJECT FILESUAidway Road Professional Plaza\PDS 12-011.docx File No.: BCC 120124378 PDS Order No. 12-011 January 27, 2012 Page 3 APPROVED AS TO FORM AND CORRECTNESS: