HomeMy WebLinkAboutGM-09-028 - Pine Summit Commercial - SB 360 Extension 4
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3420183 12/10/2009 at 11:57 AM
OR BOOK 3152 PAGE 1752 - 1754 Doc Type: ORD
RECORDING: $27.00
1 G M-09-028
2 (File No. BCC 920071322)
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
e PREVIOUSLY APPROVED MAJOR SITE PLAN FOR THE
9 PROJECT TO BE KNOWN AS PINE SUMMIT COMMERCIAL.
io
11 WHEREAS, the St. Lucie County Growth Management Director has reviewed the
12 request for Development Order extension timely submitted and in accordance with the
13 provisions of The Community Renewal Act on behalf of K&J of St. Lucie County, Inc.
14 and has made the following determinations:
15
16 1. On, November 6, 2007, the St. Lucie County Board of County Commissioners
17 granted approval, through Resolution No. 07-284, to the petition of K&J of St.
18 Lucie County, Inc., for the Major Site Plan Extension approval for the project to
19 be known as Pine Summit Commercial, on property located at the corner of the
20 intersection of South US Highway 1 and Lake Vista Trail, and more particularly
21 described in Part D below. This extension expired on November 29, 2008.
22
23 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-
24 96, Laws of Florida, more commonly known as the "Community Renewal Act"
25 (the "ACT").
26
27 3. The Act provides that in recognition of the 2009 real estate market conditions,
2s any local government issued development order or permit that has an expiration
29 date of September 1, 2008 through January 1, 2012, may be eligible to be
3o extended and renewed fora period of two (2) years following its date of
31 expiration.
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33 4. The Act further provides that the request for statutory extension must be timely
34 made in writing by December 31, 2009; identify the specific authorization for
35 which the extension is requested, the intended use of the extension and the
36 anticipated time frame for acting on the authorization.
37
38 5. Further, pursuant to the Act, the request for statutory extension must be reviewed
39 by Growth Management staff and found not to be in significant noncompliance
4o with the original St. Lucie County development order granting approval.
File No.: BCC 920071322 GM Order 09-028
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2 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County
3 Board of County Commissioners' good faith interpretation of the Act. By
4 accepting this extension, the applicant acknowledges that there are portions of
5 the Act that are ambiguous, and that there are contrary interpretations of the Act.
6 The applicant also acknowledges that the constitutionality of the Act has been
7 challenged. Accordingly, by accepting this extension, the applicant agrees to
8 hold St. Lucie County harmless in the event a court of competent jurisdiction
9 determines that the extension granted by St. Lucie County were not legally
1o granted, or in the event that the extension is subsequently revoked based on the
11 constitutional challenge to the Act.
12
13 7. This statutory extension is exclusive of and runs concurrently with any request for
14 approval extension that may be provided by the St Lucie County Land
15 Development Code. Any Land Development Code extension must be applied for,
16 reviewed and approved in accordance with the provisions of the Land
17 Development Code.
18
19 NOW, THEREFORE, BE IT ORDERED by the St. Lucie .county Growth Management
20 Director for County Commissioners of St. Lucie County, Florida:
21
22 A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the Major
23 Site Plan Extension approval for the project to be known as Pine Summit
24 Commercial has been found to be eligible for and consistent with the provisions
25 contained in Section 14 of SB 360 such that the approval granted under that
26 Resolution is extended for two years and shall now expire November 29, 2010.
27
28 B. All terms and conditions of Resolution No. 07-284, shall continue to remain in full
29 force and effect unless otherwise amended.
30
31 C. In the event that a court determines that the Act is unconstitutional, the extension
32 granted by this order shall become null and void.
33
34 D. The property on which this development order extension is being granted is
35 described as follows:
36
37 BEING A REPEAT OF TRACT "A" OF PINE SUMMIT, AS RECORDED IN PLAT
38 BOOK 40, PAGES 13, 13A THROUGH 13B, OF THE PUBLIC RECORDS,
39 LYING IN SECTION 22, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE
4o COUNTY, FLORIDA.
41
42 Parcel ID# 3422-522-0001-000/5
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2 (Location: Southeast corner of the intersection of South US Highway 1 and Lake
3 Vista Trail)
4
5 E. The conditions set forth in Part B are an integral non severable part of the site
6 plan approval granted by Resolution No. 07-284. If any condition set forth in Part
7 B is determined to be invalid or unenforceable for any reason and the developer
8 declines to comply voluntarily with that condition, this development order
9 extension approval granted by this resolution shall become null and void.
to
11 F. The St. Lucie County Growth Management Director is hereby authorized and
12 directed to cause notation of this Order to be made on the Official Zoning Map of
13 St. Lucie County Florida and to make notation of reference to the date of
14 adoption of this Resolution.
15
16 G. This order shall be recorded in the Public Records of St. Lucie County.
17
18 ORDER effective the 3rd day of December, 2009.
19
20 GROWTH MANAGEMENT DIRECTOR
21 ST. LUCIE COUNTY, FLORIDA
22
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2 5 BY
26 Mark Sa erlee, AICP
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28 APPROVED AS TO FORM
29 AND CORRECTNESS:
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34 County to ey
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41 G:\Planning\PROJECT FILES\Pine Summit Commercial Parcel\Pine Summit Commercial Parcel - 12 month extension BCC
42 920071322\SB 360\GMOrder 09-028.S6360.docX
File No.: BCC 920071322 GM Order 09-028
December 3, 2009 Page 3