HomeMy WebLinkAboutGM-09-026 - Valencia Country Estates - SB 360 Extension JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
~ SAINT LUCIE COUNTY
FILE # 3420217 12!10/2009 at 01:09 PM
OR BOOK 3152 PAGE 1849 - 1851 Doc Type: ORD
RECORDING: $27.00
1 GM-09-026
2 (File No. 22007981)
3
4
5 AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY THE COMMUNITY RENEWAL
~ ACT TO THE SCHEDULED EXPIRATION DATE TO THE
e PREVIOUSLY APPROVED MAJOR SITE PLAN FOR THE
9 PROJECT TO BE KNOWN AS VALENCIA COUNTRY
to ESTATES.
11
12 WHEREAS, the St. Lucie County Growth Management Director has reviewed the request for
13 Development Order extension timely submitted and in accordance with the provisions of The
14 Community Renewal Act on behalf of Gulfstream Developers, LLC and has made the following
15 determinations:
16
17 1. On, June 19, 2007, the St. Lucie County Board of County Commissioners granted
18 approval, through Resolution No. 07-128, to the petition of Gulfstream Development,
19 LLC, for the Major Site Plan approval for the project to be known as Valencia Country
20 Estates, on property located on the north side of Orange Avenue, approximately 1 mile
21 west of the Florida Turnpike, and more particularly described in Part D below.
22
23 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-96,
24 Laws of Florida, more commonly known as the "Community Renewal Act" (the "ACT").
25
26 3. The Act provides that in recognition of the 2009 real estate market conditions, any local
27 government issued development order or permit that has an expiration date of
28 September 1, 2008 through January 1, 2012, may be eligible to be extended and
29 renewed for a period of two (2) years following its date of expiration.
30
31 4. The Act further provides that the request for statutory extension must be timely made in
32 writing by December 31, 2009; identify the specific authorization for which the extension
33 is requested, the intended use of the extension and the anticipated time frame for acting
34 on the authorization.
35
36 5. Further, pursuant to the Act, the request for statutory extension must be reviewed by
37 Growth Management staff and found not to be in significant noncompliance with the
38 original St. Lucie County development order granting approval.
39
4 0 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County Board of
41 County Commissioners' good faith interpretation of the Act. By accepting this extension,
42 the applicant acknowledges that there are portions of the Act that are ambiguous, and
43 that there are contrary interpretations of the Act. The applicant also acknowledges that
File No.: MJSP 22007981 GM Order 09-026
December 2, 2009 Page 1
k
o
1 the constitutionality of the Act has been challenged. Accordingly, by accepting this
2 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
3 competent jurisdiction determines that the extension granted by St. Lucie County were
4 not legally granted, or in the event that the extension is subsequently revoked based on
5 the constitutional challenge to the Act.
6
~ 7. This statutory extension is exclusive of and runs concurrently with any request for
8 approval extension that may be provided by the St Lucie County Land Development
9 Code. Any Land Development Code extension must be applied for, reviewed and
i o approved in accordance with the provisions of the Land Development Code.
11
12 NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management Director
13 for County Commissioners of St. Lucie County, Florida:
14
15 A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the Major Site Plan
16 approval for the project to be known as Valencia Country Estates has been found to be
1~ eligible for and consistent with the provisions contained in Section 14 of SB 360 such
i8 that the approval granted under that Resolution is extended for two years and shall now
19 expire June 19, 2011.
20
21 B. All terms and conditions of Resolution No. 07-128, shall continue to remain in full force
22 and effect unless otherwise amended.
23
24 C. In the event that a court determines that the Act is unconstitutional, the extension
25 granted by this order shall become null and void.
26
27 D. The property on which this development order extension is being granted is described as
2 8 f0110WS:
29
3o THE WEST 688.87 FEET OF THE NORTHWEST'/4 OF SECTION 9, TOWNSHIP 35
31 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY FLORIDA; LESS CANAL RIGHT-
32 OF-WAY; ALSO LESS THE RIGHT-OF-WAY FOR ORANGE AVENUE AS
33 RECORDED IN PLAT BOOK 22, PAGE 16, PUBLIC RECORDS OF ST. LUCIE
34 COUNTY FLORIDA; AND ALSO LESS THE EAST 150.00 FEET OF THE WEST
35 192.50 FEET OF THE SOUTH 478.00 FEET OF THE NORTHWEST '/a OF SAID
36 SECTION 9; ALL LYING AND BEING IN SECTION 9, TOWNSHIP 35 SOUTH,
37 RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA
38
39 AND
40
41 THE WEST '/z OF THE NORTHWEST '/a OF SECTION 9, TOWNSHIP 35 SOUTH,
42 RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; LESS THE RIGHT-OF-WAY
43 FOR ORANGE AVENUE AS RECORDED IN PLAT BOOK 22, PAGE 16, PUBLIC
44 RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND ALSO LESS THE WEST
45 688.87 FEET THEREOF; AND ALSO LESS THE EAST 163.67 FEET THEREOF;
File No.: MJSP 22007981 GM Order 09-026
December 2, 2009 Page 2
G
6
1 ALL LYING AND BEING IN SECTION 9, TOWNSHIP 35, SOUTH, RANGE 39 EAST,
2 ST. LUCIE COUNTY, FLORIDA
3
4 PROPERTY TAX I.D. NUMBERS: 2309-221-0000-000/3 AND 2309-220-0000-000/0)
5
6 (Location: North side of Orange Avenue, approximately one (1) mile west of
7 the Florida Turnpike.
8 E. The conditions set forth in Part B are an integral non severable part of the site plan
9 approval granted by Resolution No. 07-128. If any condition set forth in Part B is
Zo determined to be invalid or unenforceable for any reason and the developer declines to
11 comply voluntarily with that condition, this development order extension approval
12 granted by this resolution shall become null and void.
13
14 F. The St. Lucie County Growth Management Director is hereby authorized and directed to
15 cause notation of this Order to be made on the Official Zoning Map of St. Lucie County
16 Florida and to make notation of reference to the date of adoption of this Resolution.
17
18 G. This order shall be recorded in the Public Records of St. Lucie County.
19
20
21 ORDER effective the 2"d day of December, 2009.
22
23
24 GROWTH MANAGEMENT DIRECTOR
25 ST. LUCIE COUNTY, FLORIDA
26
27
2 8 ~d~~%~~s''
29 BY
3o Mark Satterlee, AICP
31
32
33 APPROVED AS TO FORM
34 AND CORRECTNESS:
35
36
37
38
39 County At rn
40
41
42
4 3 Lap
44 G:\Planning\PROJECT FILES\Valencia Country Estates fka Orange Lake Estates MJSP 22007981\2007_MJSP 22007981\SB
45 360\GMOrder09-026.SB360.docX
File No.: MJSP 22007981 GM Order 09-026
December 2, 2009 Page 3