HomeMy WebLinkAboutGM-10-007 - Hutchinson Sands - SB 360 Extension t t-
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GM-10-007
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s AN ORDER GRANTING A TWO-YEAR STATUTORY
6 EXTENSION PROVIDED BY THE COMMUNITY RENEWAL
7 ACT TO THE SCHEDULED EXPIRATION DATE TO THE
s PREVIOUSLY APPROVED MAJOR SITE PLAN FOR THE
9 PROJECT TO BE KNOWN AS HUTCHINSON SANDS.
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11 WHEREAS, the St. Lucie County Growth Management Director has reviewed the request for
12 Development Order extension timely submitted and in accordance with the provisions of The
13 Community Renewal Act on behalf of Herbert S. Garten, Lynnore Moss, Front Street, LLC, Ute
14 Avenue, LLC, Indiantown Land, Inc. and Aspen, LLC and has made the following
is determinations:
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17 1. On, March 4, 2008, the St. Lucie County Board of County Commissioners granted
la approval, through Resolution No. 08-017, to the petition of Herbert S. Garten, Lynnore
19 Moss, Front Street, LLC, Ute Avenue, LLC, Indiantown Land, Inc. and Aspen, LLC, for
20 the Major Site Plan approval for the project to be known as Hutchinson Sands, on
21 property located on the east side of South Ocean Drive, approximately 500 feet south of
22 the Anacostia Place access road and .25 mile south of Frederick Douglas Park, and
23 more particularly described in Part D below.
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2s 2. On, June 1, 2009, Florida Governor Charlie Crist, signed into law, Chapter 2009-96,
26 Laws of Florida, more commonly known as the "Community Renewal Act" (the "ACT").
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2s 3. The Act provides that in recognition of the 2009 real estate market conditions, any local
29 government issued development order or permit that has an expiration date of
3 o September 1, 2008 through January 1, 2012, may be eligible to be extended and
31 renewed for a period of two (2) years following its date of expiration.
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33 4. The Act further provides that the request for statutory extension must be timely made in
34 writing by December 31, 2009; identify the specific authorization for which the extension
35 is requested, the intended use of the extension and the anticipated time frame for acting
36 on the authorization.
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38 5. Further, pursuant to the Act, the request for statutory extension must be reviewed by
39 Growth Management staff and found not to be in significant noncompliance with the
40 original St. Lucie County development order granting approval.
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42 6. Any extension granted pursuant to the Act, is the result of the St. Lucie County Board of
43 County Commissioners' good faith interpretation of the Act. By accepting this extension,
File No.: MJSP 05-025 GM Order 10-007
February 1, 2010 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE # 3440476 02/10/2010 at 10:56 AM e_ ORD
OR BOOK 3170 PAGE 977 - 980 Doc Typ
RECORDING: $35.50
i the applicant acknowledges that there are portions of the Act that are ambiguous, and
2 that there are contrary interpretations of the Act. The applicant also acknowledges that
3 the constitutionality of the Act has been challenged. Accordingly, by accepting this
4 extension, the applicant agrees to hold St. Lucie County harmless in the event a court of
5 competent jurisdiction determines that the extension granted by St. Lucie County were
6 not legally granted, or in the event that the extension is subsequently revoked based on
~ the constitutional challenge to the Act.
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9 7. This statutory extension is exclusive of and runs concurrently with any request for
to approval extension that may be provided by the St Lucie County Land Development
11 Code. Any Land Development Code extension must be applied for, reviewed and
12 approved in accordance with the provisions of the Land Development Code.
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14 NOW, THEREFORE, BE IT ORDERED by the St. Lucie county Growth Management Director
15 for County Commissioners of St. Lucie County, Florida:
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17 A. Pursuant to the provisions of the "Community Renewal Act" of 2009, the Major Site Plan
is approval for the project to be known as Hutchinson Sands has been found to be eligible
19 for and consistent with the provisions contained in Section 14 of SB 360 such that the
20 approval granted under that Resolution is extended for two years from its scheduled
21 expiration date of March 4, 2010 and shall now expire March 4, 2012.
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23 B. All terms and conditions of Resolution No. 08-017, shall continue to remain in full force
24 and effect unless otherwise amended.
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26 C. In the event that a court determines that the Act is unconstitutional, the extension
27 granted by this order shall become null and void.
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29 D. The property on which this development order extension is being granted is described as
3 o follows:
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32 Parcel #1 -Owners -Front Street, LLC & Ute Avenue, LLC.
33 The South 440 feet of the North 880 feet of Government Lot 1, Section 29,
34 Township 35 South, Range 41 East, St. Lucie County, Florida
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36 Parcel #2 -Owners - Indiantown Land, Inc. & Aspen LLC
37 The South 440 feet of Government Lot 1, Section 29, Township 35 South, Range 41
3s East, St. Lucie County, Florida, being more particularly described as follows:
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4o Beginning at a point 880 feet South from the Northwesterly corner of Government
41 Lot 1, Section 29, Township 35 South, Range 41 East; thence running Easterly and
42 parallel with the Northerly line of said Lot to the Atlantic Ocean; thence running
43 Southeasterly along the said Atlantic Ocean to the South line of said Lot; thence
44 running Westerly along the South line of said Lot to the Southwesterly corner of
45 said Lot; thence running Northerly along the West line of said Lot to the Point of
File No.: MJSP 05-025 GM Order 10-007
February 1, 2010 Page 2
i Beginning. Together with all riparian and littoral rights thereunto appertaining.
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3 Parcel #3 -Owner - Indiantown Land, Inc.
4 The South 2/3 of Government Lots 1 & 2, as measured along the common line
s between Government Lots 1 & 2, Section 30, Township 35 South, Range 41 East,
6 St. Lucie County, Florida.
a Parcel #4 -Owner -Lvnnore Moss & Herbert S. Garten
9 The Northerly 1040.5 feet of Government Lots 3 & 4, as measured along the
io common line between Government Lots 3 8~ 4, Section 30, Township 35 South,
ii Range 41 East, St. Lucie County, and Florida.
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13 Parcel #5 -Owner -Lvnnore Moss Sz Herbert S. Garten
14 Section 30, Township 35 South, Range 41 East, St. Lucie County, Florida: that part
is of Government Lots 3 & 4 lying south of the following described line. From the
16 intersection of the east line of Section 30 and the southwesterly road right-of-way
17 line of State Road A-1-A, thence south 00°08'10" along the easterly line of Section
is 30, 72 feet to a point of beginning; thence North 80°24'48" West 655 feet, thence
19 South 74°21'36" West 1110 feet more or less to the Indian River and the end of the
20 described line: less that part lying South of the following described line. From the
21 intersection of the east line of Section 30 and southwesterly road right-of-way of
22 State Road A-1-A, thence South 00°08'10" East along the east line of Section 30,
23 725 feet to Government Meander Line, thence North 80°24'48" West along the
24 Government Lot Meander Line 655 feet, thence South 74°21'36" West 1110 feet
2s more or less to the Indian River and the end of this described line, containing
26 25.12 acres more or less as recorded in OR Book 1997, Page 571.
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2a PARCEL SURVEYED
29 CONTAINING 133.21 ACRES MORE OR LESS.
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31 Tax I D# 2529-222-0002-000/6, 2529-223-0001-000/2, 2530-111-0002-000/9, 2530-131-
32 0001-000/4 and 2530-134-0002-000/0.
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34 Location: Both sides of Highway A1A, approximately 1260 feet south of
35 Frederick Douglas Park.
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37 E. The conditions set forth in Part B are an integral non severable part of the site plan
3a approval granted by Resolution No. 8-017. If any condition set forth in Part B is
39 determined to be invalid or unenforceable for any reason and the developer declines to
4o comply voluntarily with that condition, this development order extension approval
41 granted by this resolution shall become null and void.
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43 F. The St. Lucie County Growth Management Director is hereby authorized and directed to
44 cause notation of this Order to be made on the Official Zoning Map of St. Lucie County
45 Florida and to make notation of reference to the date of adoption of this Resolution.
File No.: MJSP 05-025 GM Order 10-007
February 1, 2010 Page 3
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2 G. This order shall be recorded in the Public Records of St. Lucie County.
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5 ORDER effective the 1 st day of February, 2010.
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a GROWTH MANAGEMENT DIRECTOR
9 ST. LUCIE COUNTY, FLORIDA
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13 BY
14 Mark Sa erlee, AICP
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17 APPROVED AS TO FORM
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3 7 G:\Planning\PROJECT FILES\Hutchinson Sands MJSP 05-025 & Waiver\SB 360\GMOrder 10-007.SB360.docX
File No.: MJSP 05-025 GM Order 10-007
February 1, 2010 Page 4