HomeMy WebLinkAboutGM-09-027 - Estancia PUD - SB 360 Extension .NOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3420214 12/10/2009 at 01:09 PM
OR BOOK 3152 PAGE 1839 - 1842 Doc Type: ORD
RECORDING: $35.50
1 G M-09-027
2 (File No. 06-015)
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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 UNIT DEVELOPMENT
9 SITE PLAN FOR THE PROJECT TO BE KNOWN AS
1o ESTANCIA PUD.
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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 Estancia Fort Pierce, LLC and
15 has made the following determinations:
16
17 1. On, November 20, 2007, the St. Lucie County Board of County Commissioners
18 granted approval, through Resolution No. 07-129, to the petition of Lotux
19 Investments, LLC, for the Planned Unit Development Site Plan approval for the
20 pro~ect to be known as Estancia PUD, on property locafed on the west side of
21 25t Street, approximately 0.25 miles north of Edwards Road and 0.25 miles
22 south of Cortez Boulevard, 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").
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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.
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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.
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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
File No.: PUD 06-015 GM Order 09-027
December 3, 2009 Page 1
it
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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.
7 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.
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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 Estancia PUD has been found
25 to be eligible for and consistent with the provisions contained in Section 14 of SB
26 360 such that the approval granted under that Resolution is extended for two
27 years and shall now expire November 20, 2011.
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29 B. All terms and conditions of Resolution No. 07-129, shall continue to remain in full
3o force and effect unless otherwise amended.
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32 C. In the event that a court determines that the Act is unconstitutional, the extension
33 granted by this order shall become null and void.
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35 D. The property on which this development order extension is being granted is
36 described as follows:
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38 The SE'/4 of the NE'/4 of the SE'/4 of Section 20, Township 35 South, Range 40
3 9 East.
4o LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED
41 PARCELS:
42 PARCEL A
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December 3, 2009 Page 2
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1 The East 40.00 feet of the NE of the SE '/4 of the SE of Section 20,
2 Township 35 South, Range 40 East.
3 PARCEL B
4 Begin 242.5 feet East of the NW corner of the SE '/a of the NE '/a of the SE '/a of
5 Section 20, Township 35 South, Range 40 East; thence run East 217.5 feet;
6 thence run South 235 feet; thence run West 435 feet; thence run North 10 feet
~ thence run East 217.5 feet; thence run North 225 feet to the Point of Beginning.
8 PARCEL C
9 Begin at the NW corner of the SE '/a of the NE '/a of the SE of Section 20,
to Township 35 South, Range 40 East; thence run East 242.5 feet; thence run
11 South 225 feet; thence run West 242.5 feet; thence run North 225 feet to the
12 Point of Beginning.
13 TOGETHER WITH
14 PARCEL 1
i5 The West 161.80 feet of the North 269.44 feet of the NE'/ of the SE'/4 of the SE
16 of Section 20, Township 35 South, Range 40 East.
l~ PARCEL 2
i8 Begin 242.5 feet East of the NW corner of the SE '/4 of the NE of the SE of
19 Section 20, Township 35 South, Range 40 East; thence run East 217.5 feet;
20 thence run South 235 feet; thence run West 435 feet; thence run North 10 feet
21 thence run East 217.5 feet; thence run North 225 feet to the Point of Beginning.
22 PARCEL 3
23 Begin at the NW corner of the SE '/a of the NE '/a of the SE of Section 20,
24 Township 35 South, Range 40 East; thence run East 242.5 feet; thence run
25 South 225 feet; thence run West 242.5 feet; thence run North 225 feet to the
26 Point of Beginning.
27 The above described lands all being situate in St. Lucie County, Florida.
28
2 9 Parcel ID#'s 2420-414-0003-000/8, 2420-414-0002-000/1, 2420-414-0001-000/4
30
31 (Location: West side of 25t" Street, approximately 0.25 miles north of Edwards
32 Road and 0.25 miles south of Cortez Boulevard)
33
34 E. The conditions set forth in Part B are an integral non severable part of the site
35 plan approval granted by Resolution No. 07-129. If any condition set forth in Part
36 B is determined to be invalid or unenforceable for any reason and the developer
37 declines to comply voluntarily with that condition, this development order
38 extension approval granted by this resolution shall become null and void.
39
4 o F. The St. Lucie County Growth Management Director is hereby authorized and
41 directed to cause notation of this Order to be made on the Official Zoning Map of
42 St. Lucie County Florida and to make notation of reference to the date of
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1 adoption of this Resolution.
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3 G. This order shall be recorded in the Public Records of St. Lucie County.
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5 ORDER effective the 3rd day of December, 2009.
6
7 GROWTH MANAGEMENT DIRECTOR
8 ST. LUCIE COUNTY, FLORIDA
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12 BY
13 Mark Sat rlee, AICP
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15 APPROVED AS TO FORM
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41 G:\Planning\PROJECT FILES\Estancia\Estancia PUD 06-015\SB 360\GMOrder 09-027.SB360.docX
File No.: PUD 06-015 GM Order 09-027
December 3, 2009 Page 4