HomeMy WebLinkAboutGM-09-029 - Noble Oaks Estates Subdivision - SB 360 Extension JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3425212 12/28/2009 at 11:06 AM
OR BOOK 3157 PAGE 1399 - 1401 Doc Type: ORD
RECORDING: $27.00
1 G M-09-029
2 (File No. MJSP 05-020)
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 MAJOR SITE PLAN FOR THE
9 PROJECT TO BE KNOWN AS NOBLE OAKS ESTATES
to SUBDIVISION.
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 Aurelio and Maria Pereira and
15 has made the following determinations:
16
17 1. On, October 10, 2006, the St. Lucie County Board of County Commissioners
18 granted approval, through Resolution No. 06-227, to the petition of Aurelio and
19 Maria Pereira for the Major Site Plan approval for the project to be known as
20 Noble Oaks Estates Subdivision, on properly located on the east side of South
21 25th Street, approximately 320 feet south of Midway Road, and more particularly
22 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
4 o by Growth Management staff and found not to be in significant noncompliance
File No.: MJSP 05-020 GM Order 09-029
December 14, 2009 Page 1
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
to 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,
17 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 Major
24 Site Plan approval for the project to be known as Noble Oaks Estates
25 Subdivision has been found to be eligible for and consistent with the provisions
26 contained in Section 14 of SB 360 such that the approval granted under that
27 Resolution is extended for two years from its date of scheduled expiration,
28 October 10, 2008 and shall now expire October 10, 2010.
29
3o B. All terms and conditions of Resolution No. 06-227, 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 4 36 40 S 340 FT OF N 1/2 OF NW 1/4 OF SW 1/4 LESS S 10 FT AND LESS HAWLEY RD R/W
40 AND LESS AS IN OR 628-238- AND LAND ABUTTING SAME ON E TO RIV (9.43 AC)(OR
41 1739-1723) Property Tax I.D. # 3404-312-0001-000/4
42
File No.: MJSP 05-020 GM Order 09-029
December 14, 2009 Page 2
1 (Location: East side of South 25t" Street, approximately 320 feet south of Midway Road)
2
3 E. The conditions set forth in Part B are an integral non severable part of the site
4 plan approval granted by Resolution No. 06-227. If any condition set forth in Part
5 B is determined to be invalid or unenforceable for any reason and the developer
6 declines to comply voluntarily with that condition, this development order
7 extension approval granted by this resolution shall become null and void.
8
9 F. The St. Lucie County Growth Management Director is hereby authorized and
1o directed to cause notation of this Order to be made on the Official Zoning Map of
11 St. Lucie County Florida and to make notation of reference to the date of
12 adoption of this Resolution.
13
14 G. This order shall be recorded in the Public Records of St. Lucie County.
15
16 ORDER effective the 14t" day of December, 2009.
17
18
19 GROWTH MANAGEMENT DIRECTOR
20 ST. LUCIE COUNTY, FLORIDA
21
22
2 4 BY
25 Mark Satt rlee, AICP
26
27
28 APPROVED AS TO FORM
29 AND CORRECTNESS:
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34 COUnty Att n
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38 Lap
3 9 G:\Planning\PROJECT FILES\Noble Oaks Est MJSP 12 Mth Ext BCC 820081512\SB 360\GMOrder 09-029.S6360.docx
File No.: MJSP 05-020 GM Order 09-029
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