HomeMy WebLinkAboutPDS-12-040 - Midway Road Professional PlazaJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3780268 12/17/2012 at 10:36 AM
OR BOOK 3464 PAGE 401 - 403 Doc Type: ORD
RECORDING: $27.00
PDS NO. 12-040
(File No. BCC 1220124576)
AN ORDER GRANTING THE FOLLOWING STATUTORY
EXTENSION PROVIDED BY 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 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 January 27, 2012, the Planning and Development Services Director granted through
PDS Order No. 12.011 an extension for ten months and twenty-two days pursuant to
State of Emergency Act pursuant to Chapter 2011-142, Laws of Florida with the new
date of expiration bemg August 9, 20'i4.
6. On, June 25, 2012, Florida Governor Rick Scott, issued Executive Order (EO) No. 12-
140 (as extended by EO No. 12-192) declaring a State of Emergency for Florida due to
File No.: BCC 1220124576 PDS Order No. 12-040
December 4, 2012 Page 1
the threat of Tropical Storm Debby.
7. On August 25, 2012, Florida Governor Rick Scott, issued Executive Order (EO) No. 12-
199 declaring a State of Emergency for Florida due to the threat of Tropical Storm Isaac.
8. Section 252.363 Florida Statutes provides that any local government issued
development order or permit may be extended from the period remaining for the duration
of the emergency declaration plus six months.
9. The Act requires that a specific 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 January 18, 2013.
10. The applicant applied for an extension on November 19, 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. 12-011 is extended for an additional 148 days and twelve
(12) months and is now scheduled to expire January 5, 2016.
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 tN 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
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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.
E. This order shall be recorded in the Public Records of St. Lucie County.
This ORDER is effective the 4~' day of December, 2012.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
~,. ~._
BY
Mark Satt lee, AICP
APPROVED AS TO FORM
AND CORRECTNESS:
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County Attor
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G:\PlanninglPROJECT FILESV1Aidway Road Professional Plaza\BCC 1220124576.docx
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