HomeMy WebLinkAboutGM-09-030 - Grande Beach PMUD - SB 360 Extension .DOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3426967 12/31/2009 at 01:14 PM
OR BOOK 3159 PAGE 260 - 262 Doc Type: ORD
RECORDING: $27.00
1 G M-09-030
2 (File No. PMUD 1220771379)
3
4
5 AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY THE COMMUNITY RENEWAL
7 ACT TO THE SCHEDULED EXPIRATION DATE TO THE
8 PREVIOUSLY APPROVED PLANNED MIXED USE
9 DEVELOPMENT SITE PLAN FOR THE PROJECT TO BE
to KNOWN AS GRANDE BEACH PMUD.
11
12 WHEREAS, the St. Lucie County Growth Management Director has reviewed the
13 request for Development Order extension timely submitted and in accordance with the
14 provisions of The Community Renewal Act on behalf of Grande Beach North
15 Hutchinson Island, LLC and has made the following determinations:
16
17 1. On, June 17, 2008, the St. Lucie County Board of County Commissioners
18 granted approval, through Resolution No. 08-180, to the petition of Grande
19 Beach North Hutchinson Island, LLC, for the Planned Mixed Use Development
20 Site Plan approval for the project to be known as Grande Beach PMUD, on
21 property located on the northwest corner of the State Road A-1-A and Marina
22 Drive and more particularly described in Part D below.
23
24 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-
25 96, Laws of Florida, more commonly known as the "Community Renewal Act"
2 6 (the "ACT").
27
28 3. The Act provides that in recognition of the 2009 real estate market conditions,
29 any local government issued development order or permit that has an expiration
3o date of September 1, 2008 through January 1, 2012, may be eligible to be
31 extended and renewed for a period of two (2) years following its date of
32 expiration.
33
34 4. The Act further provides that the request for statutory extension must be timely
35 made in writing by December 31, 2009; identify the specific authorization for
36 which the extension is requested, the intended use of the extension and the
37 anticipated time frame for acting on the authorization.
38
39 5. Further, pursuant to the Act, the request for statutory extension must be reviewed
4o by Growth Management staff and found not to be in significant noncompliance
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s..
1 with the original St. Lucie County development order granting approval.
2
3 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County
4 Board of County Commissioners' good faith interpretation of the Act. By
5 accepting this extension, the applicant acknowledges that there are portions of
6 the Act that are ambiguous, and that there are contrary interpretations of the Act.
~ The applicant also acknowledges that the constitutionality of the Act has been
8 challenged. Accordingly, by accepting this extension, the applicant agrees to
9 hold St. Lucie County harmless in the event a court of competent jurisdiction
io determines that the extension granted by St. Lucie County were not legally
11 granted, or in the event that the extension is subsequently revoked based on the
12 constitutional challenge to the Act.
13
14 7. This statutory extension is exclusive of and runs concurrently with any request for
15 approval extension that may be provided by the St Lucie County Land
16 Development Code. Any Land Development Code extension must be applied for,
l~ reviewed and approved in accordance with the provisions of the Land
18 Development Code.
19
20 NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management
21 Director for County Commissioners of St. Lucie County, Florida:
22
23 A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the Planned
24 Mixed Use Development Site Plan approval for the project to be known as
25 Grande Beach PMUD has been found to be eligible for and consistent with the
26 provisions contained in Section 14 of SB 360 such that the approval granted
27 under that Resolution is extended for two years from its date of scheduled
28 expiration, June 17, 2010 and shall now expire June 17, 2012.
29
3o B. All terms and conditions of Resolution No. 08-180, shall continue to remain in full
31 force and effect unless otherwise amended.
32
33 C. In the event that a court determines that the Act is unconstitutional, the extension
34 granted by this order shall become null and void.
35
36 D. The property on which this development order extension is being granted is
37 described as follows:
38
39 Tract "E-1", Blocks 8 and 9 and alleys abutting thereto, Tract "F-1" and Tract "A"
4o and the portion of Coral Avenue (n/k/a Flotilla terrace) lying North of Marina
41 Drive, according to the plat of Coral Cove Beach, Section One, as recorded in
42 Plat Book 11 at pages 30A and 30B of the Public Records of St. Lucie County,
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1 Florida.
2
3 Parcel I D# 1425-701-0153-000/7
4
5 (Location: northwest corner of the State Road A-1-A and Marina Drive)
6
7 E. The conditions set forth in Part B are an integral non severable part of the site
8 plan approval granted by Resolution No. 08-180. If any condition set forth in Part
9 B is determined to be invalid or unenforceable for any reason and the developer
to declines to comply voluntarily with that condition, this development order
11 extension approval granted by this resolution shall become null and void.
12
13 F. The St. Lucie County Growth Management Director is hereby authorized and
14 directed to cause notation of this Order to be made on the Official Zoning Map of
15 St. Lucie County Florida and to make notation of reference to the date of
16 adoption of this Resolution.
17
18 G. This order shall be recorded in the Public Records of St. Lucie County.
19
20 ORDER effective the 21St day of December, 2009.
21
22 GROWTH MANAGEMENT DIRECTOR
23 ST. LUCIE COUNTY, FLORIDA
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26
2 7 BY
28 Mark Satt rlee, AICP
29
3o APPROVED AS TO FORM
31 AND CORRECTNESS:
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36 COUnty Or ey
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4 0 LAP
41 G:\Planning\PROJECT FILES\ G:\Planning\PROJECT FILES\Grande Beach\SB360\GMOrder 09-030.SB360.docX
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