HomeMy WebLinkAboutGM-09-037 - Shinn Lakes PUD - SB 360 Extension a
1 GM-09-037
2 (File No. 06-004)
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 UNIT DEVELOPMENT
9 SITE PLAN FOR THE PROJECT TO BE KNOWN AS SHINN
to LAKES PLANNED UNIT DEVELOPMENT.
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 Jim Coseo and has made the
15 following determinations:
16
17 1. On, November 20, 2007, the St. Lucie County Board of County Commissioners
18 granted approval, through Resolution No. 07-130, to the petition of Jim Coseo,
19 for the Planned Unit Development Site Plan approval for the project to be known
20 as Shinn Lakes Planned Unit Development, on property located on the east side
21 of Shinn Road, approximately 2.5 miles north of Okeechobee Road, and more
22 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
File No.: PUD 06-004 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT GM Order 09-037
December 23, 2009 SAINT LUCIE COUNTY Page 1
FILE # 3437898 02/03/201D at 12:01 PM
OR BOOK 3168 PAGE 985 - 987 Doc Type: ORD
RECORDING: $27.00
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 Planned
24 Unit Development Site Plan approval for the project to be known as Shinn Lakes
25 Planned Unit Development has been found to be eligible for and consistent with
26 the provisions contained in Section 14 of SB 360 such that the approval granted
27 under that Resolution is extended for two years from its scheduled expiration
28 date of November 20, 2009 and shall now expire November 20, 2011.
29
3o B. All terms and conditions of Resolution No. 07-130, 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 THE EAST 1/2 OF SECTION 19, AND THE NORTH 1/2 OF THE NORTHEAST
40 1/4 OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39 EAST, SUBJECT TO
41 THE RIGHTS OF WAY BY THE NORTH ST. LUCIE RIVER WATER CONTROL
42 DISTRICT FOR ITS LATERAL CANALS NUMBERED 54 AND 55, AND FOR
File No.: PUD 06-004 GM Order 09-037
December 23, 2009 Page 2
1 COUNTY RIGHT OF WAY FOR SHINN ROAD.
2
3 Property Tax ID#'s 2319-111-0002-000/0 & 2330-111-0002-000/5
4
5 Location: East side of Shinn Road, approximately 2.5 miles north of
6 Okeechobee Blvd.
7
8 E. The conditions set forth in Part B are an integral non severable part of the site
9 plan approval granted by Resolution No. 07-130. If any condition set forth in Part
to B is determined to be invalid or unenforceable for any reason and the developer
11 declines to comply voluntarily with that condition, this development order
12 extension approval granted by this resolution shall become null and void.
13
14 F. The St. Lucie County Growth Management Director is hereby authorized and
15 directed to cause notation of this Order to be made on the Official Zoning Map of
16 St. Lucie County Florida and to make notation of reference to the date of
17 adoption of this Resolution.
18
19 G. This order shall be recorded in the Public Records of St. Lucie County.
20
21 ORDER effective the 23rd day of December, 2009.
22
23 GROWTH MANAGEMENT DIRECTOR
24 ST. LUCIE COUNTY, FLORIDA
25
26
27
2 8 BY
29 Mark Satterlee, AICP
30
31 APPROVED AS TO FORM
32 AND CORRECTNESS:
33
34
35
3 6 ~l~-~:e~ t~.-
37 County Attorney
38
39
4 0 LAP
41 G:\Planning\PROJECT FILES\Shinn Lakes (FKA Leal 382)\Shinn Lakes (FKA Leal 382) PUD 06-004\SB360\GMOrder 09-
4 2 037.SB360.docX
File No.: PUD 06-004 GM Order 09-037
December 23, 2009 Page 3