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Home My WebLink About23-226 • RESOLUTION 2023-226 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A HISTORIC PRESERVATION AD-VALOREM TAX EXEMPTION FOR REHABILITATIVE IMPROVEMENTS, CONSISTENT WITH THE SECRETARY OF INTERIOR STANDARDS FOR HISTORIC STRUCTURES, FOR THE STRUCTURE SITUATED AT 2601 NORTH INDIAN RIVER DRIVE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. The Property Owner(s), Carol Kelly, et al, ADVANTAGE INC. filed an Ad-Valorem Tax Exemption petition in accordance with LDC Section 4.11.17 for Rehabilitative Improvements to the structure situated at 2601 N. Indian River Drive, as depicted on Exhibit A and described in Part B. The property owners also completed a Historic Preservation Property Tax Exemption Covenant, dated December 8, 2023, contained herein as Exhibit B. 2. The subject structure, constructed in 1902 per the Florida Master Site File (8SL240) is identified as a contributing property in St. Lucie Village, a National Register of Historic Places listed district. 3. The exemption, upon authorization, shall apply to one hundred percent (100%) of the assessed value of all rehabilitative improvements made to the designated structure (i.e. the increase in building value based upon improvements made), situated at 2601 N. Indian River Drive for a period of ten (10) years. 4. On December 12, 2023, this Board held a public meeting which included discussion and action to approve the subject petition. 5. On October 3, 2023, the Historical Commission held a discussion at their regularly scheduled Public Meeting regarding the proposed Ad-Valorem Tax Exemption. After discussion, the Historical Commission passed a unanimous motion to recommend the Board of County Commissioners approve the request. 7. Planning Staff has performed a detailed analysis of the site and determined it to be eligible for the Ad-Valorem Tax Exemption solely for the County's General Revenue Fund Assessment, for a period of up to ten (10) years, exclusively for an increase in the existing building's assessed value correlating to the rehabilitative improvements made, with a report published in accordance with the St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: December 12, 2023 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Resolution No. 2023 226 SAINT LUCIE COUNTY Page 1 FILE# 5343560 05/29/2024 04:34:15 PM DR BOOK 5156 PAGE 687-695 Doc Type:RESO RECORDING: $78.00 A. Pursuant to Section 4.11.17 of the St. Lucie County Land Development Code, the existing structure present on land described in Part B and located as shown in Exhibit "A" shall be provided an Ad-Valorem Tax Exemption from the County's General Revenue Fund Assessment exclusively for an increase in the existing building's assessed value, having an assessed building value of $599,600 for 2023, correlating to the rehabilitative improvements made for a period of up not to exceed ten (10) years (2024-2034). B. The subject property on which this designation is considered is described as follows: LEGAL DESCRIPTION: SUBDIVISION OF RUSSELL ESTATES 28 34 40 FROM INT OF S SEC LI WITH W R/W OF COUNTY RD RUN NWLY ON RD 181.8 FT FOR POB, TH E TO RIV, TH SELY ON RIV TO S SEC LI, TH W TO PT 209.07 FT W OF W R/W OF COUNTY RD, TH NLY 76.52 FT, TH NELY 25.8 FT, TH NWLY 98.3 FT TO S SIDE OF PRIVATE RD, TH E 180.5 FT TO POB-LESS RD R/W- Parcel Identification Number: 1428-501-0003-000-6 Location: 2601 N. Indian River Drive C. The action determined by this Resolution shall expire upon the sunset of this specific Ad- Valorem Tax Exemption. D. The property owners and/or developer are advised as part of this action, that the property owner(s), developer, etc. including any successors in interest, shall obtain all applicable building permits or authorizations from St. Lucie Village and/or the appropriate State and Federal and local regulatory agencies including, but not limited to, the U.S. Department of the Interior or the Florida Department of State prior to the commencement of any demolition or development activities on the property described in Part B. Further, all improvements to rehabilitate and preserve the site which are provided the Ad-Valorem Tax Abatement shall be maintained and remain consistent with the Secretary of the Interior's Standards for Treatment of Historic Properties. G. This Resolution shall become effective upon the date of recording. Should the property owner, developer or authorized agent wish to appeal, all such appeals must be filed with the applicable Court. Should an appeal to this Resolution be filed, further action shall take place until the appeal is resolved. H. A recorded copy of this Resolution shall be placed on file with the St. Lucie County Planning & Development Services Department Director and provided to the Property Appraiser of St. Lucie County. ADOPTION After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair AYE December 12, 2023 Resolution No. 2023-226 Page 2 Chris Dzadovsky, Vice-Chair AYE Larry Leet, Commissioner AYE Linda Bartz, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED this 12th day of December, 2023. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY / 0611' C R ATTEST: APPROVED AS TO FORM AND CORRECTNESS: ‘ VI/LA jai\ G G/r DEPUTY CLERK k-✓l -°"149S/O A5, COUNTY ATTORNEY *40,. ; `Gc�F COUNfl'��o December 12, 2023 Resolution No. 2023-226 Page 3 EXHIBIT "A" LOCATION MAP M N F n aA \\1' , . X , ___\--,.. , . .,. .."-- 0 Yacht View Lane" ,,,,, _1 —\ a��w Q,,,J�av �.: % t 67 1 1 I I , Sr Ludt In 11 i December 12, 2023 Resolution No. 2023-226 Page 4 EXHIBIT D �✓ B HISTORIC PRESERVATION PROPERTY TAX EXEMPTION COVENANT This Covenant is made the g day of D v e. 1t be r , 20 2 3 , by q4 Vain-1,a j e. , .1 n (hereinafter referred to as the Owner) and in favor of S-f L w C'i e.C.o u.'rf / U i s to f i L rre5e_r v +, ;/ (hereinafter referred to as the Local Government) for the purpose of the restoration, renovation or rehabilitation of a certain Property located at #26 0 I 1JJ, Tnd icn R t i€r r Pi erc e- L 3 Ltq y‘ which is owned in fee simple by the Owner and is listed in the National Register of Historic Places or locally designated under the terms of a local preservation ordinance or is a contributing property to a National Register listed district or a contributing property to a historic district under the terms of a local preservation ordinance. The areas of significance of this property, as identified in the National Register nomination or local designation report for the property or the district in which it is located, are architecture, ✓ history, archaeology. The Property is comprised essentially of grounds, collateral, appurtenances, and improvements. The property is more particularly described as follows (include city reference, consisting of repository, book, and page numbers): PT b ( 4 - SO I •- OOb3 - DOD -- o In consideration of the tax exemption granted by the Local Government, the Owner hereby agrees to the following for the period of the tax exemption which is from January 1, 20.24 to December 31, 20 33 : 1. The Owner agrees to assume the cost of the continued maintenance and repair of said Property so as to preserve the architectural, historical, or archaeological integrity of the same in order to protect and enhance those qualities that made the Property eligible for listing in the National Register of Historic Places or designation under the provisions of the local preservation ordinance. DOS Form No. HR3E111292 Page 1 of 5 2. The Owner agrees that no visual or structural alterations will be made to the Property without prior written permission of the ( )Division of Historical Resources 04Local Historic Preservation Office. The address of the certified Local Historic Preservation Office, if one exists in the jurisdiction, is: Name of Office/Agency: GI' LAC i e COL!o4y Address: 1-3O O \I t^g i 11 ► C, A tile, City: F Pt -i"C E F"1-- Zip: 3 'z - Telephone: r.7 Li�O — The address of the Division of Historical Resources is: Bureau of Historic Preservation Division of Historical Resources R. A. Gray Building, 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone Number: (850) 245-6333 or(800) 847-PAST(7278) 3. [Only for properties of archaeological significance] The Owner agrees to ensure the protection of the site against willful damage or vandalism. Nothing in this Covenant shall prohibit the Owner from developing the site in such a manner that will not threaten or damage the archaeological resource,provided that permission for alteration of the site is obtained pursuant to 2. above. 4. The Owner agrees that the ( ) Division of Historical Resources (p'J'Local Historic Preservation Office and appropriate representatives of the Local Government, their agents and designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether or not the conditions of this Covenant are being observed. DOS Form No. HR3E111292 Page 2 of 5 5. In the event of the non-performance or violation of the maintenance provision of this Covenant by the Owner or any successor-in-interest during the term of the Covenant, the ( ) Division of Historical Resources (Local Historic Preservation Office will report such violation to the Property Appraiser and Tax Collector who shall take action pursuant to s. 196.1997 (7), F.S. The Owner shall be required to pay the difference between the total amount of taxes which would have been due in March in each of the previous years in which the Covenant was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in s. 212.12 (3), F.S. 6. If the Property is damaged by accidental or natural causes during the Covenant period, the Owner will inform the ( ) Division of Historical Resources (t4 Local Historic Preservation Office in writing of the damage to the Property, including (1) an assessment of the nature and extent of the damage; and (2) an estimate of the cost of restoration or reconstruction work necessary to return the Property to the condition existing at the time of project completion. In order to maintain the tax exemption, the Owner shall complete the restoration or reconstruction work necessary to return the Property to the condition existing at the time of project completion on a time schedule agreed upon by the Owner and the ( ) Division of Historical Resources (Local Historic Preservation Office. 7. If the Property has been destroyed or severely damaged by accidental or natural causes, that is, if the historical integrity of the features, materials, appearance, workmanship, and environment, or archaeological integrity which made the property eligible for listing in the National Register of Historic Places or designation under the terms of the local preservation ordinance have been lost or so damaged that restoration is not feasible, the Owner will notify the ( ) Division of Historical Resources (1Vf Local Historic Preservation Office in writing of the loss. The ( ) Division of Historical Resources (''(Local Historic Preservation Office will evaluate the information provided and notify the Owner in writing of its determination regarding removal of the Property from eligibility for tax exemption. If the DOS Form No. HR3E111292 Page 3 of 5 ( ) Division of Historical Resources (VS Local Historic Preservation Office determines that the property should be removed from eligibility for tax exemption, it will notify the Property Appraiser of the county in which the Property is located in writing so that the tax exemption can be cancelled for the remainder of the Covenant period. In such cases, no penalty or interest shall be assessed against the Owner. 8. If it appears that the historical integrity of the features, materials, appearance, workmanship, and environment, or archaeological integrity which made the Property eligible for listing in the National Register of Historic Places or designation under the terms of the local preservation ordinance have been lost or damaged deliberately or through gross negligence of the Owner, the ( ) Division of Historical Resources (lirLocal Historic Preservation Office shall notify the Owner in writing. For the purpose of this Covenant, "gross negligence" means the omission of care, which even inattentive and thoughtless persons never fail to take of their own property. The Owner shall have 30 days to respond indicating any circumstances which show that the damage was not deliberate or due to gross negligence. If the Owner cannot show such circumstances, he shall develop a plan for restoration of the Property and a schedule for completion of the restoration. In order to maintain the tax exemption, the Owner shall complete the restoration work necessary to return the Property to the condition existing at the time of project completion on a time schedule agreed upon by the Owner and the ( ) Division of Historical Resources (V'Local Historic Preservation Office. If the Owner does not complete the restoration work on the agreed upon time schedule, the ( ) Division of Historical Resources (Vj Local Historic Preservation Office will report such violation to the Property Appraiser and Tax Collector who shall take action pursuant to s. 196.1997 (7), F.S. The Owner shall be required to pay the differences between the total amount of taxes which would have been due in March in each of the previous years in which the Covenant was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in s. 212.12 (3), F.S. DOS Form No. HR3E111292 Page 4 of 5 9. The terms of this Covenant shall be binding on the current Property owner, transferees, and their heirs, successors, or assigns. This Covenant shall be enforceable in specific performance by a court of competent jurisdiction. OWNER Ad voal+ag e Carol Kelley V,<st.. Prs,h1.t ea. /L -4 --2023 Name Signature Date LOCAL GOVERNMENT: �, LC\e C5unkl 1 COn\r ssu- ss -Zu.) to roc. ►a f ha ioa3 Name of Authorized Signature Date Local Official Lu Ue_ CCANC APPROVED AS TO FORM AND0 RRECTNESS Title I SSY C URN AittNEY A .yGOMMI9 VVIADE 1. PU �RK , 02 � A IN .DA i:l.• `ate Q `Gc/F COON r`*�. DOS Form No. HR3E111292 Page 5 of 5