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HomeMy WebLinkAbout09-024~a '~`y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ~ ~~ ~ ~~:~ ~~ '~ ~r~ .~ ~A~~~ ~ T'.~ RESOLUTION NO. 09-024 FILE NO.: BCC 1120071377 A RESOLUTION OF THE BOARD OF COUIdTY COMISSIONERS OF ST. LUCIE COUNTY CONFIRMING THEIR DENIAL OF A 12 MONTH EXTENSION OF THE MAJOR SITE PLAN KNOWN AS INDRIO CROSSINGS - PHASE II LOCATED AT THE SOUTHEAST CORNER OF TURNPIKE FEEDER ROAD AND MIRAMAR AVENUE IN THE CG (COMMERCIAL, GENERAL) AND RM-9 (RESIDENTIAL, MEDIUM - 9 DU/AC) ZONING DISTRICT. 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. On January 17, 2006, this Board, through Resolution No. 06-006, granted Major Site Plan approval forthe project known as Indrio Crossings - Phase II, a proposed mixed use project located at the corner of the intersection of Turnpike Feeder Road and Miramar Avenue in the CG (Commercial, General) and RM-9 (Residential, Medium - 9 du/ac) Zoning Districts, for property described in Part A. 2. The developers of Indrio Crossings - Phase II requested that the Major Site Plan approved through Resolution No. 06-006, be extended for a period of 12 additional months from its date of scheduled expiration, January 17, 2008, with the new date of expiration being January 17, 2009. 3. The project has not proceeded in accordance with the provisions set forth in Resolution No. 06-006 nor has a building permit been secured forthe development of the project as required under the terms of Section 11.02.06 of the County's Land Development Code. 4. On February 12, 2008, this Board denied the request to extend the expiration date of the Indrio Crossings - Phase II Major Site Plan. 5. On February 19, 2008, this Board agreed to reconsider their previous action to deny the request for a site plan extension for the Indrio Crossings - Phase II Major Site Plan, as provided for in Section 11.00.04(G) of the County's Land Development Code. March 10, 2009 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1 of 3 Resolution No. 09-024 File No.: BCC 1120071377 SAINT LUCIE COUNTY FILE # 3326321 03/26/2009 at 03:51 PM OR BOOK 3073 PAGE 583 - 585 Doc Type: RESO RECORDING: $27.00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 6. On March 10, 2009, this Board held a public hearing to reconsider their previous action on this petition after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.00.04(G) of the County's Land Development Code, the Board of County Commissioners has reconsidered it's denial of the request for an extension of the Major Site Plan, approved through Resolution No. 06-006, and that denial is hereby reconfirmed, for the property described below: That part of the Southwest'/ of the Northwest'/ of Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida, lying East of Sunshine State Parkway Feeder Road (S.R. 713) and North of Indrio Road, LESS and excepting there from the East 818 feet of the South 228.71 feet. Less and except road rights-of-way as described in those certain deeds recorded in O.R. Book 585, Page 1449 through 1451, and O.R. Book 649, Page 027 and 028, of the Public Records of St. Lucie County. LESS AND EXCEPT: That part of the Southwest'/ of the Northwest'/ of Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida, lying East of SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) and lying South of the following described line: COMMENCING at a point (P.O.C.) being the Southeast corner of the Southwest '/4 of the Northwest '/ of said Section 13, run thence North 00 degrees 02'3" West along the East line of the Southwest'/ of the Northwest '/ of said Section 13, 708.55 feet to the POINT OF BEGINNING (P.O.B.); thence run South 89 degrees 59'58" West, parallel with the'/4 section line, 760.46 feet; thence run South 44 degrees 59'58" West, 51.71 feet; thence run North 45 degrees 00'02" West, 202.22 feet to the East right-of-way line of SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) and the end of this described line. LESS AND EXCEPTING March 10, 2009 Resolution No. 09-024 File No.: BCC 1120071377 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 39 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ` Chairma APPRO ED AS TO FORM AND RRECTNESS-~ County Atto I~esolution No. 09-024 File No.: BCC 1120071377 The East 20 feet for road right-of-way (now Deleon Avenue, formerly Royal Palm Avenue). PARCEL CONTAINS 14.23 ACRE +/- Location: Southeast corner of Turnpike Feeder Road and Miramar Avenue. B. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. C. A copy of this resolution shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote on this resolution was as follows: Chair Paula A. Lewis NAY Vice Chair Charles Grande AYE Commissioner poug Coward AYE Commissioner Chris Dzadovsky AYE Commissioner Chris Craft AYE PASSED AND DULY ADOPTED this 10t" Day of March 10 2009. Page 3 of 3